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Legal memo on 7 WTC lease draft #4 comments, Dec

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Law Department memorandum providing legal comments and corrections regarding the fourth draft of the lease for 7 World Trade Center.

NYC-WTC_000170182–000170191

Folder label: “Article 5 Landlord's Interest in Premises

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NYC 9/11 Public Portal Document

DEC-31-1997 14:36 NYC LAW DEPT 212 788 0366 P.10/13

adversely affect Tenant's use of the general office portion of the Demised Premises, including

necessary sign-offs of The Port Authority, (or when all work (except as aforesaid) would have

been completed but for delays caused by Tenant as provided in this Paragraph (H) or otherwise).

and (ii) a certified air balancing report approved by Landlord's engineer as being in conformance

with the Final Plans has been delivered to the Tenant. Tenant shall promptly submit to Landlord

a "punch-list" of such minor unfinished work which punch-list items, undisputed by Landlord,

will be diligently completed. Tenant shall periodically inspect Tenant's Initial Work and make

any objections thereto, if called for, without delay, so as to mitigate changes, delays and costs.

Landlord shall give Tenant notice (“Landlord’s Completion Notice”) of Substantial Completion

on or promptly after the date of Substantial Completion, which notice shall include the items

under (i) (Port Authority sign-offs) and (ii) above. Tenant shall certify or deny certification of

Substantial Completion (“Certification") to Landlord within three (3) business days after receipt

of Landlord’s Completion Notice. Failure by Tenant to respond within said three (3) business

day period, shall be deemed Certification by Tenant. If Tenant shall deny Certification, Tenant

shall state in writing in reasonable detail the reasons for such denial but, in any event,

Substantial-Completion and the Commencement Date shall be deemed to have occurred on the

date set forth in Landlord's Completion Notice, subject to the right of Tenant to have such issue

resolved by Arbitration as provided in Paragraph J of this Article.

(b) Tenant specifically acknowledges and agrees that the Work Cos.

increase and there may be delay in completion of Tenant's Initial Work by rca.son O^(i)’subject tn

Paragraph (C) hereof, unreasonable delay or failure by Tenant in supplying information or giving

authorizations;(ii) interference by Tenant or Tenant’s contractors with the performance of

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NYC-WTC_000170188

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NYC-WTC_000170188Source: NYC Law Department, mirrored locally

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Draft lease agreement between the City of New York and 7 World Trade Company for 45,815 square feet at 7 World Trade Center.

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