NYC 9/11 Public Portal Document
of such excess cost shall be made upon fcecipt by Tenant of Landlord's monthly requisition, but
in no event earlier than thirty (30) days after Tenant's acceptance of such estimate, within 45
days after Sut :antial Completion, together with interest of 2 points over
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(J) (a)-In the-cvent-Landlord has agreed to perform-any-work-over-and above Tenant's
Initial- Werk-(thc-'T\ddrtiottal Work"), then, prior to commcneing such Additional Work,
Landlord or Landlord’s contractor shall advise Tcnant-(the-^8timatc'^)-of-the-ce8t of the
Additional Worie-te be performed. The Estimate shall include a fee equal-to <-) pcrcent-of the cost
of the Additional Work, plus ( %) percent of the resulting total (the "Overhead-Supervisory
Fee"). Within three (3) days after Landlord'a sufamissionof foe Estimatc,-Tenant shall,-in writing.
either aeecpt or reject the Estimate. Tenant'a failure either to-aeeept or-rejeet-the Estimate-within
said three (3) day pcriod-shall be deemed rejection thereof. Tenant-may only-acecpt-the Estimate
by countersigning a copy thereof and returning same to LaiMHord.-Tcnant-ahalf pay to-Landlord,
aa additional rent,-the cost of the Additional Work (including the Overhead Supervisory Fee) at
such time or times as agreed to, but in no event shall the balance be paid-later than-the-completion
of the Additional Work, upon rendition of a reasonably detailed-invoice therefor. — > (J is open
for discussion) fAnv dispute regarding the d antial Completion of
Tenant’s Initial Work shall be resolved bv arbitration, in the manner bv the rules and before
the American Arbitration Association (or anv successor organization) in New York County.
Ihfc •TiTiC desiring arbitration shall appoint as arbiinrpiw r on its behalf, a person having at
least 10 years relevant experience and give notice written notice to the other party who shall.
CTIliHi115 days thereafter, a second pei
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NYC-WTC_000170475
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