NYC 9/11 Public Portal Document
days after demand.
(ii) The peripheral heat units, air-conditioning equipment and lavatoi
water equipment on and servicing the 7th floor portion of the Demised Premises (the ”7th
FL HVAC Equipment") shall be operated, maintained and repaired by Landlord. Tenant
<4 shall pay to Landlord, within thirty (30) days following written demand therefor, as
additional rent under this Lease, "Tenant's Services Share” (as such term is hereinafter
k defined) of all of Landlord's reasonable costs and expenses in operating, maintaining and
repairing the 7th FL HVAC Equipment (including, without limitation, the cost and expense
of all service and maintenance contracts).
(iii) For the purpose of this Article, "Tenant's Services Share''shall be
deemed to mean a fraction as follows; the numerator of which is 4.367 and the denominator
of which is the then aggregate number o^entable square feet on the seventh (7th) floor as
are then occupied bv Tenant and other tenants and which are serviced by the same HVAC
Equipment as the Demised Premises on such floor; the denominator shall exclude any
rentable square feet on the seventh (7th) floor that is not then serviced by the 7th FL HVAC
Equipment servicing the Demised Premises on such floor. For purposes of the preceding
sentence, incidental or Building maintenance use of the 7th FL HVAC Equipment shall not
by itself constitute occupancy by Landlord unless Landlord is using such space for office
purposes.
(iv) The electric power supply used to operate the 7th FL HVAC
Equipment for the seventh (7th) floor is connected to an electric submeter or submeters on
such floor (the "HVAC Submeter"). The term "7th FL HVAC Electric Charges" shall be
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NYC-WTC_000169975
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