NYC 9/11 Public Portal Document
material portion of Demised premises shall be deemed untenantable if more than f<
percent (40%) of the Demised Premises is rendered untenantable^ for a period in excess of
ten (10) consecutive davs in anv one instance (commencing after notice from Tenant
to Landlord of the Untenantable Condition if provided for herein in clause (iii) below or
711777 notice is not
commencing upon the occurrence of the Untenantable Condition if wrii
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 act, event or circumstance as the
Untenantable Condition, but if anv other tenant is so affected, no such notice bv 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-occupv 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 davs” and the
"eleventh (11th) consecutive dav” shall be charged to ”twentv (20) consecutive davs” and the
”twentv-first (21st) day.” This subsection N shall be in lieu of anv right to which Tenant is
otherwise entitled bv law to claim a constructive eviction bv reason of Landlord’s failure to
make such repairs, or supply such essential services.
ARIns E34
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NYC-WTC_000170686
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