NYC 9/11 Public Portal Document
to be done anything which might result in the creation or commission of a nuisance on the
Demised Premises, and Tenant shall not cause or permit to be caused or produced upon the
Demised Premises, to permeate the same or to emanate therefrom, any unusual, noxious or
objectionable smoke, gases, vapor, odors, noises or vibrations.
(N) If as a result of (a) Landlord's failure to make repairs required to be performed
by Landlord in or to any portion of the Demised Premises or the Building; or (b) Landlord's
breach of its obligations to supply any essential service which pursuant to the terms of this Lease
Landlord is obligated to supply in or about the Demised Premises (collectively "Untenantable
Condition") and such Untenantable Condition shall not be caused by any circumstances referred to
in Articles 14, 15 or 22 (subject to the penultimate sentence of this Paragraph N or by any act or
omission of Tenant or its officers, contractors, tieenses licencees. agents, employees, guests or
visitors, or any utility company or required by any legal requirement, and as a result of the
Untenantable Condition, (i) all or a material portion of the Demised Premises (the "Untenantable
Eiemises") are untenantable (it being agreed that a material portion of Demised premises shall be
deemed untenantable if more than forty percent (40%) of the Demised Premises is rendered
untenantable), for a period in excess of ten (10) consecutive days in any one instance
(commencing after written notice from Tenant to Landlord of the Untenantable Condition if
provided for herein in clause (iii) below or commencing upon the occurrence of the Untenantable
Condition if written notice is not provided for in clause (iii) below), (ii) Tenant shall vacate the
Untenantable Premises and cease doing business therein and (iii) Tenant shall give notice to
Landlord of the facts set forth in (i) and (ii) above, making specific reference to this rent
abatement provision if outside the Demised Premises no other tenant is then subject to a similar
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NYC-WTC_000170394
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