NYC 9/11 Public Portal Document
enters the Demised Premises, then Landlord, at its expense, may cause an independent electrical
engineer chosen by Landlord or an electrical consulting firm selected by Landlord (hereinafter
referred to as the "Electrical Consultant") to survey and determine Usage in, and Tenant's Cost
for, the Demised Premises from time to time, at least once per six (6) month period, and the
Electrical Consultant shall make such determination using criteria generally accepted in the
Metropolitan New York City area and Landlord's Rate in effect at the time, and shall include the
quantity and peak demand, for all electricity consumed by Tenant. The determination made by
the Electrical Consultant shall be binding on both Landlord and Tenant and such amount shall be
deemed Tenant's Cost.
(H) Subject to all of the provisions of this Article, Landlord agrees (at no expense to
Landlord) to reasonably cooperate with Tenant for Tenant to obtain electricity to the Demised
Premises from the Power Authority of the State of New York (“PASNY”), provided and upon
condition that:
1. (a) Tenant is not then in default under any of the terms, covenants or
conditions of this Lease beyond the expiration of any applicable notice and cure periods hereunder.
(b) Tenant named herein shall not have assigned this Lease and shall then occupy the entire
Demised Premises for the conduct of its business, fell Cl Tenant shall expeditiously comply with all
of the requirements of this Paragraph (H), and (d) Tenant shall have established to Landlord's
reasonable satisfaction that the receipt of PASNY electric current is lawful and in compliance with
the requirements of this Paragraph (H), then on or prior to the first (1st) anniversary of the
Commencement Date, Tenant named herein shall have the one-time, non-recurring option (the
"PASNY Electric Option") to be exercised only upon not less than thirty (30) days' prior written
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NYC-WTC_000170211
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