NYC 9/11 Public Portal Document
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Tenant shall promptly meet with Landimd to resolve the overage. Payment by Tenant of such
excess-cost I Contribution shall be made within 45 days
after Substantial Completion^, Anv pa^juign
together with interest of at 2 points over the Base Rate from date of Substantial Completion to
date of pavmeflb(s) of pa^JimL Said pa igtirgti
of punch list items, which ; t shall be paid promptly bv Tenant after completion bv
Landlord,
> -fJ-is-opcfl for diseussionKtJl Any dispute regarding the determination of
Substantial Completion of Tenant’s Initial Work and/or the Commencement Date shall be
resolved by arbitration, in the manner by the rules and before the 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, within 15 days thereafter, a second person
having at least 10 years relevant experience and give written notice thereof to the first party. The
arbitrators so appointed, shall within 3—!^ ^^ys following the 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 the dispute by a majority of the
arbitrators, whose decision shall be binding and conclusive upon the parties hereto. Each party
shall bear its own fees and expenses of (i) its own attorneys and other experts and the arbitrator
that it selected and (ii) be responsible for one-half the fees and expenses of the third arbitrator.
The arbitrators shall have no power to vary or modify any of the provisions of
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NYC-WTC_000170442
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