NYC 9/11 Public Portal Document
(ii) above, making specific reference to this rent abatement provision if outside the Demised
Premises no other tenant is then subject to a similar act, event or circumstance as the
Untenantable Condition, but if any other tenant is so affected, no such notice by Tenant shall be
required hereby, then in such event, the portion of the Rents allocable to the Untenantable
Premises shall be fully abated for the period commencing on the eleventh (11th) consecutive day
after ail the conditions set forth in (i), (ii) and (iii) above shall first be satisfied and ending on the
date the Untenantable Premises shall be rendered usable and Landlord shall have given notice
thereof (or the date Tenant shall re-occupy the Untenantable Premises for conduct of its business.
if earlier). In the event an Untenantable Condition shall result from circumstance referred to in
Article 22, the reference to "ten (10) consecutive days" and the "eleventh (11th) consecutive day"
shall be charged to "twenty (20) consecutive days" and the "twenty-first (21st) day." This
subsection N shall be in lieu of any right to which Tenant is otherwise entitled by law to claim a
constructive eviction by reason of Landlord's failure to make such repairs, or supply such
essential services.
ARTICLE 34
DEFINITIONS
(a) The term Underlying Lease shall mean the Agreement of Lease between The
Port Authority of New York and New Jersey as Lessor and Landlord as Lessee dated as of
December 31, 1980, a Memorandum of which was recorded in the Office of the Register of the
City of New York, County of New York in Reel 550, Page 611, as amended by Supplement #1
dated as of June 30, 1983, a Memorandum of which was recorded in said Register's Office in
F:\CR\LHC\ 4219.1016\NEWLSE.4 93
NYC-WTC_000170158
OCR can misread numbers and units. Confirm readings against the page image before using them.