NYC 9/11 Public Portal Document
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libove within ten (10) business days from the date of said Delay Notice, Tenant, in addition to any
other remedy it may have, at it's option may; (i) as agent of the Landlord commence performance
of the work and deduct the cost thereof from the rent to become due and payable pursuant to
Article 2 hereof; or (ii) terminate this Lease on ten (10) business days written notice to Landlord.
Tenant, however, shall not be required to exercise either of the foregoing rights. If Tenant elects
not to terminate the Lease, and regardless of whether or not Tenant provides a written Delay
Notice or elects to perform the work as Landlord's agent. Tenant shall receive a. rent credit
subsequent to Substantial Completion equivalent to one (I) day of free rent for each day Landlord
has delayed commencement of work or not met time frames.
(C)(1) If and only if Landlord substantially completes the Work on a date no later than
October 1, 1997 or in the event that Tenant takes occupancy by such date, then Tenant shall pay
to Landlord an amount equal to $1,300,000.00 within sixty (60) days after the Substantial
Completion Date, as a contribution toward the Work Cost. However, in the event Landlord
substantially completes the Work on a date later than October 1,1997, yet prior to twelve (12)
months from the later of (i) Landlord’s receipt of the Work Permit, or (ii) DRES approval of the
Final Plans, Tenant shall give Landlord written notice (hereinafter referred to as the "Completion
Delay Notice") specifying the work required by Tenant that has not been properly completed. If
Landlord fails to achieve Substantial Completion within one (1) month from the date that
Landlord receives such Completion Delay Notice, or if such work cannot be completed within
said one (1) month and Landlord fails to act diligently, and continuously without interruption to
complete said work within a reasonable time. Tenant, in addition to any other remedy it may have;
(i) may, as agent of Landlord, perform said work and deduct the cost thereof from the rent to
become due and payable pursuant to Article 2 hereof, and (ii) shall receive a rent credit
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NYC-WTC_000172590
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