NYC 9/11 Public Portal Document
.-Land±ord7'~~within the nexi after receipt of
such notice (the malting of TIecessary telephone calls beihti"deemed
Coamfenceiaent) and diligently proceed in a continuous manner to
complete the performance thereof. If Landlord fails so to
commence and complete the performance of such obligations within
the applicable time period after receipt of said notice, as
aforesaid. Tenant may (i) as agent for Landlord, perform the same
and deduct the reasonable cost thereof from any rent due or that
may become due and payable under this Leas r (ii) withhold an
amount of rent eoual to one
reasonable cost of the per ■nee of such obligations as
reasonably determined by Tenant until Landlord performs such
obligations to the reasonable satisfaction of Tenant/ at which
time any amounts so withheld shall be promptly paid to Landlord,
or (iii) gjye Landlord and its managing agent a second notice
(the "Second Notice") of said default in the manner above
rovided.
Furthermore, if Tenant provides a Second Notice to
Landlord o Hazardous Default and Landlord thereafter fails to
commence to cure such Hazardous Default within three (3) days
following receipt of the Second Notice (initiating neces^ry
, telephone -cetlrle deemed eommeueement’) , or fails thereafter
diligently to proceed with continuity to cure said default and
as a result of Landlord's failure, (a) more than twenty-five
25%) percent of the Demised Premises is rendered unusable for
Tenant's business purposes and (b) Tenant removes its personnel
from such portion of the Demised Premises, then Tenant may
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17724/0002/CD/1095S54.2
NYC-WTC_000170227
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