NYC 9/11 Public Portal Document
damage or injury to the Building, or the Demised Premises or create a dangerous or hazardous
condition or entail excessive or unreasonable alterations, repairs or expense. The maintenance and
repair of the facilities shall additionally be performed by Landlord at Tenant's sole cost and expense.
(b) Neither the exercise of the PASNY Electric Option nor the conversion to
PASNY electric shall (i) adversely effect the use or occupancy of any other tenants in the Building,
including, without limitation, the continued furnishing of electric current thereto, (ii) adversely effect
the Building systems or structure, (iii) adversely effect the quantity or quality of electric current
available to the remainder of the Building, or (iv) adversely effect the Certificate of Occupancy (or
Certification of Completion from the Port Authority) or any permits for the Building.
(c) Tenant shall be responsible for obtaining, at its sole cost and expense,
any permits, licenses and approvals necessary for receiving such PASNY electric current (including.
without limitation, the Port Authority) and shall promptly deliver photocopies of same to Landlord.
(d) Tenant shall be responsible for any costs and expenses incurred directly
or indirectly by Landlord in connection with the exercise of the PASNY Electric Option, the
installation of the facilities and the maintenance and operation of same, including, without limitation,
rental for any shaft space, or other space in the Building (other than the Demised Premises) occupied
by the facilities as the result of any modification or addition to the facilities currently providing
electric service to the Demised Premises and any reasonable legal fees. Tenant hereby indemnifies
and holds Landlord harmless from and against any loss, costs, claims, actions, obligations or other
liability, including reasonable attorneys' fees, incurred by Landlord in connection with Tenant's
receiving electricity directly from PASNY pursuant to this Paragraph (H), the preparation of the
Building therefor and the operation and maintenance of the facilities used in connection therewith.
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NYC-WTC_000169987
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