NYC 9/11 Public Portal Document
hereinafter referred to as the “Amount”) in arrears on the last day of each and every month
during such Lease Year. Such Estimate shall be on account of the Operating Expense Escalation
accruing under this Subsection A.2, subparagraph 3 (b), below for the then current Lease Year.
(b) Within five (5) weeks after the end of the Lease Year, in which such
Amounts were payable under Subparagraph 3 (a) above, Landlord shall deliver to Tenant a
statement of the Operating Expense Escalation payable by Tenant for such Lease Year, computed
in accordance with 2. above. Such statement shall indicate the balance payable by Tenant after
crediting Tenant with the aggregate of the monthly Amount payments made under Subparagraph
3. (a) above for such Lease Year. The amount of such balance shall be paid by Tenant to
Landlord within 45 days after delivery of such statement. If there is an overpayment by Tenant
Landlord shall refund the overpayment to Tenant within 45 days after delivery of the aforesaid
statement.
4. Landlord shall not be obliged to make any adjustments or recomputations,
retroactive or otherwise, by reason of any revision which may later be made in the figure of the
Price Index first published for any month. The Price Index published for any Lease Year shall.
for the purpose of this Subsection A.2., be deemed no lower than the Base Price Index.
5. If the Price index ceases to use the 1982-84 average equaling 100 as the basis of
calculation, then the Price Index shall be appropriately adjusted to reflect the change in the Price
Index from that in effect at the date of this Lease. If such Price Index shall no longer be published
by said Bureau, then any substitute or successor index published by said Bureau or other
governmental agency of the United States, and similarly adjusted as aforesaid, shall be used. If
such Price Index (or a successor or substitute index similarly adjusted) is not available, a reliable
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NYC-WTC_000170461
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