NYC 9/11 Public Portal Document
condemnation;
(13) The cost of any alterations to prepare space for occupancy of any tenant
in the Building;
(14) Expenses resulting from any violations by Landlord of the terms of this
Lease or any other lease in the Building;
(15) Refinancing costs and mongage interest and amortization payments;
(16) Any item otherwise indicated in this Lease to be performed at Landlord's
sole cost and expense;
(17) Any item otherwise indicated in this Lease to be performed by Landlord
but paid for by Tenant as additional rent or otherwise; and
(18) Expenditures for capital improvements or capital equipment, other than
those included in 1.(3) above.
The intent of the parties is that Tenant shall pay its proportionate share of increases in
Base Year Operating Expenses (i.e. Operating Expense Escalations) based on the Building being
not less than ninety-five percent (95%) occupied. Accordingly, in determining the amount of
Base Year Operating Expenses , if less than ninety-five percent (95%) of the Building rentable
area shall have been occupied by tenant(s) at any time during any such Operating Expense Base
Year, Base Year Operating Expenses shall be increased by an amount equal to expenses which
would have been incurred in the Building under an operating clause such as this one had such
occupancy been ninety-five percent (95%) throughout such Operating Expense Base Year.
Landlord shall be required to disclose and notify Tenant of any significant related party
transactions the cost of which are included in the Base Year Operating Expenses. When such
transactions occur prices of same must be in line with normal industry practice in New York
City. Failure to notify Tenant of such related party transactions shall result in a disallowance of
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