NYC 9/11 Public Portal Document
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
act, event or circumstance as the Untenantable Condition, but if any other tenant is so affected, no
such notice by Tenant shall be required hereby, then in such event, the portion of the Rents
allocable to the Untenantable Premises shall be fully abated for the period commencing on the
eleventh (11th) consecutive day after all the conditions set forth in (i), (ii) and (iii) above shall
first be satisfied and ending on the date the Untenantable Premises shall be rendered usable and
Landlord shall have given notice thereof (or the date Tenant shall re-occupy the Untenantable
Premises for conduct of its business, if earlier). In the event an Untenantable Condition shall
result from circumstance referred to in Article 22, the reference to "ten (10) consecutive days"
and the "eleventh (11th) consecutive day" shall be charged to "twenty (20) consecutive days" and
the "twenty-first (21st) day." This subsection N shall be in lieu of any right to which Tenant is
otherwise entitled by law to claim a constructive eviction by reason of Landlord's failure to make
such repairs, or supply such essential services.
ARTICLE 34
DEFINITIONS
(a) The term Underlying Lease shall mean the Agreement of Lease between The
Port Authority of New York and New Jersey as Lessor and Landlord as Lessee dated as of
December 31, 1980, a Memorandum of which was recorded in the Office of the Register of the
City of New York, County of New York in Reel 550, Page 611, as amended by Supplement #1
87
NYC-WTC_000170534
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