NYC 9/11 Public Portal Document
termination of this Lease.
(G) In the event the metering system installed for the measurement of electricity
consumption in the Demised Premises or any alternative submetering system installed by
Landlord at a later date, becomes prohibited from use or the metering system should fail to
properly register or operate at any time during the Term for any reason whatsoever or if the
metering system shall become operable subsequent to the date that Tenant, or anyone (including.
without limitation, any contractors or other workmen) claiming under or through Tenant first
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 fat no expense
to Landlord) to reasonably cooperate with Tenant for Tenant to obtain electricity to the
Demised Premises from the Power Authority State of New York (“PASNY”). provided and
upon condition that:
(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
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NYC-WTC_000170283
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