NYC 9/11 Public Portal Document
this Lease or any other lease in the Building;
Refinancing costs and mortgage interest and amortization
payments;
Any item otherwise indicated in this Lease to be performed at
Landlord's sole cost and expense; and
Any item otherwise indicated in this Lease to be performed by
Landlord but paid for by Tenant as additional rent or otherwise.
The intent of the parties is that Tenant shall pay its proportionate share of increases in
Base Year Operating Expenses (i.e. Operating Expense Escalations) based on the Building being
<fally> ninety-five percent (95%) occupied. Accordingly, in determining the amount of Base
Year Operating Expenses, if less than -<ene4i»fldfed> ninety-five percent ■<O-0Q%)> (95%) of
the Building rentable area shall have been occupied by tenant(s) at any time during any such
Operating Expense Base Year, Base Year Operating Expenses shall be increased bv an amount
equal to expenses which would have been incurred in the Building under an operating clause such
as this one had such occupancy been <onc hundrcd> ninety-five percent <(400%)> (95%)
throughout such Operating Expense Base Year.
Landlord shall be required to disclose and notify Tenant of any significant related party
transactions the cost of which are included in the Base Year Operating Expenses. When such
transactions occur prices of same must be in line with normal industry practice in New York City.
Failure to notify Tenant of such related party transactions shall result in a disallowance of such
costs not in Iven with normal industry practice in New York Citv that would otherwise be part
of the Base Year Operating Expenses. <If such feinted party transactions-eeeufred and wore
disclosed but^tis-found by the-Tenant that the-eeaf thereof was excessive, then such charges shall
be-disaltewcd to the extent they execed-nermal industry-prices in New York City .>
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NYC-WTC_000170590
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