NYC 9/11 Public Portal Document
Toiaiit shall promptly meet with Landlord to resolve the overage. Payment by Tenant of such
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exeess-eost cost in excess of Landlord’s Maximnm ContrlhrtUn shall be made within 45 days
after Substantial Comnletiok. Anv payment bVTMiant after saffl 45 davs shall he mydA
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together with interest of at 2 points over the Base Rate from date of Substantial Completion to
date of pavmcnhfs) of navmart. Said payment by T< ted value
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i^jyiaskMi shall be paid nromotlv bv Tenant after comnletion bv
Landlord.
> (J is open for discussion) Ai^ dispute regarding the determination of
Substantial Completion of Tenant’s Initial Work and/or the Commence shall be
resolved by arbitration, in the manner by the rules and before die American Arbitration
Association (or any successor organization) in New York County. The party desiring arbitration
shall appoint as arbitrator on its behalf, a person having at least 10 years relevant experience and
give notice written notice to the other party who shall, widim 15 days thereafter, a second person
having at least 10 years relevant experience and give written notice thereof to die first party. The
arbitrators so appointed, shall within—IS days following die appointment of the second
arbitrator appoint a third disinterested person having no less than 10 years relevant experience.
Said arbitrators shall, as promptly as possible (but in any event within 30 days
following the appointment of the third arbitrator) determine die diqiute by a majority of the
arbitrators, whose decision shall be binding and allusive upon the parties hereto. Each party
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shall bear its own fees and expenses of (i) its own attorneys and other experts and die arbitrator
that it selected and (ii) be responsible for one-half the fees and expenses of die third arbitrator.
The arbitrators shall have no power to vary w modify any of the provisions of
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NYC-WTC_000170325
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