Common use of Access and Name of Building Clause in Contracts

Access and Name of Building. 16.01. Except for the space within the inside surfaces of all walls bounding the Premises, slab ceilings, floors, windows and doors bounding the Premises (other than any such space used on the date hereof for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities), all of the Building (including, without limitation, exterior Building walls, core walls, doors and entrances (or, on any multi-tenant floor, corridor walls, doors and entrances), any terraces or roofs and any areas on any Premises Floor which are not included within the Premises (and further including without limitation the aforementioned space used on the date hereof for shafts, stacks, pipes, conduits, fan rooms, ducts, electrical or other utilities, sinks or other Building facilities), and the use thereof, as well as access thereto through the Premises for the purposes of operation, maintenance, alteration, addition, improvement, replacement and repair) is reserved to Landlord, one or more of the other Condominium Parties and/or persons authorized by either Landlord or one or more of the other Condominium Parties, and no space or property so reserved shall be deemed to be part of the Premises. (a) Landlord reserves the right, and Tenant shall permit Landlord and persons authorized by Landlord to install, erect, use, maintain, repair and replace pipes, ducts and conduits in and through the Premises; provided, however, that Landlord, after the date hereof, may locate any such pipe, duct or conduit within the Premises (as opposed to the areas reserved to Landlord pursuant to Section 16.01 hereof) only if it is not feasible for Landlord to locate such pipe, duct or conduit within areas reserved to Landlord pursuant to Section 16.01 hereof; provided, further, however, that, even in cases where, pursuant to the preceding proviso, Landlord may locate a pipe, duct or conduit within the Premises, Landlord may only locate such pipe, duct or conduit within one or more of the Primary Landlord Conduit Areas (as hereinafter defined), unless it is also not feasible for Landlord to locate such pipe, duct or conduit within Primary Landlord Conduit Areas, in which event Landlord may locate such pipe, duct or conduit within one or more of the Secondary Landlord Conduit Areas. (b) Landlord, prior to locating any pipe, duct or conduit within the Premises pursuant to the provisions of Section 16.02(a) above (whether within any Primary Landlord Conduit Areas or Secondary Conduit Areas), shall notify Tenant of Landlord's intention to do so, which notice shall contain an -103- 108 adequate description of the location(s) within the Premises in which Landlord proposes to locate such pipe, duct or conduit (such location(s) being herein called "LANDLORD'S PROPOSED LOCATION(S)"), it being agreed that any such notice shall be accompanied by, and include, a floor plan(s) delineating such location(s) to the extent that such delineation is needed to comprise an adequate description of such location(s). Tenant, within ten (10) Business Days after its receipt of such notice, shall have the right, by notice to Landlord (given within such 10 Business Day period), to designate a different location(s) within the Premises, or within the areas reserved to Landlord pursuant to Section 16.01 hereof, in which such pipe, duct or conduit (such different location(s) are herein called "TENANT'S ALTERNATIVE LOCATION(S)"). So long as it is physically feasible to locate the pipe, duct or conduit in question in Tenant's Alternative Location(s), Landlord shall locate the same in Tenant's Alternative Location(s) rather than Landlord's Proposed Location(s). In any such case, however, Tenant, within thirty (30) days after any written demand, shall pay to Landlord an amount equal to Landlord's reasonable estimate of the incremental cost of locating such pipe, duct or conduit in Tenant's Alternative Location(s), as opposed to locating the same in Landlord's Proposed Location. (c) Any pipe, duct or conduit located within the Premises shall be concealed behind then existing walls, ceilings or raised floors of the Premises if feasible (and if not feasible, then the same shall be completely furred at points immediately adjacent to partitioning, columns or ceilings). (d) As used in this Section 16.02, (I) the term "FEASIBLE" shall mean both physically feasible and economically feasible, from Landlord's perspective, and consistent with all laws and requirements of public authorities, (II) the term "PRIMARY LANDLORD CONDUIT AREAS" shall mean any of (x) the areas of the Premises located between the hung and structural ceiling of the Premises on each Premises Floor, (y) the areas of the Premises located underneath any raised flooring, and (z) the other areas of the Premises shown hatched on Exhibit S attached hereto, and (III) the term "SECONDARY LANDLORD CONDUIT AREAS" shall mean any area of the Premises which is adjacent to (A) any walls, floors or ceilings bounding the Premises (including without limitation core and exterior walls) or (B) any areas reserved to Landlord pursuant to Section 16.01 hereof.

Access and Name of Building. 16.01. Except for the space within the inside surfaces of all walls bounding the Premises, slab ceilings, floors, windows and doors bounding the Premises (other than any such space used on the date hereof for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or of other Building facilities), all of the Building (including, without limitation, exterior Building walls, core walls, doors and entrances (or, on any multi-tenant floor, corridor walls, doors and entrances), ) and any terraces or roofs and any areas on any Premises Floor which are not included within the Premises (and further including without limitation the aforementioned space used on the date hereof for shafts, stacks, pipes, conduits, fan rooms, ducts, electrical electric or other utilities, sinks or of other Building facilities), and the use thereof, as well as access thereto through the Premises for the purposes of operation, maintenance, alteration, addition, improvement, replacement and repair) is reserved to Landlord, one or more of the other Condominium Parties Landlord and/or persons authorized by either Landlord or one or more of the other Condominium Parties, and no space or property so reserved shall be deemed to be part of the Premises. Telephone and electric closets on the thirty-seventh (37th) floor of the Building shall be included in the Premises if, and only if, the same are hatched on Exhibit B attached hereto. (a) 16.02. Landlord reserves the right, and Tenant shall permit Landlord and persons authorized by Landlord to install, erect, use, maintain, repair use and replace maintain pipes, ducts and conduits in and through the Premises; provided, however, that Landlord, after the date hereof, may locate any such pipe, duct or conduit within the Premises (as opposed to the areas reserved to Landlord pursuant to Section 16.01 hereof) only if it is not feasible for Landlord to locate such pipe, duct or conduit within areas reserved to Landlord pursuant to Section 16.01 hereof; provided, further, however, that, even in cases where, pursuant to the preceding proviso, Landlord may locate a pipe, duct or conduit within the Premises, Landlord may only locate such pipe, duct or conduit within one or more of the Primary Landlord Conduit Areas (as hereinafter defined), unless it is also not feasible for Landlord to locate such pipe, duct or conduit within Primary Landlord Conduit Areas, in which event Landlord may locate such pipe, duct or conduit within one or more of the Secondary Landlord Conduit Areas. (b) Landlord, prior to locating any pipe, duct or conduit within the Premises pursuant to the provisions of Section 16.02(a) above (whether within any Primary Landlord Conduit Areas or Secondary Conduit Areas), shall notify Tenant of Landlord's intention to do so, which notice shall contain an -103- 108 adequate description of the location(s) within the Premises in which Landlord proposes to locate such pipe, duct or conduit (such location(s) being herein called "LANDLORD'S PROPOSED LOCATION(S)"), it being agreed that any such notice shall be accompanied by, and include, a floor plan(s) delineating such location(s) to the extent that such delineation is needed to comprise an adequate description of such location(s). Tenant, within ten (10) Business Days after its receipt of such notice, shall have the right, by notice to Landlord (given within such 10 Business Day period), to designate a different location(s) within the Premises, or within the areas reserved to Landlord pursuant to Section 16.01 hereof, in which such pipe, duct or conduit (such different location(s) are herein called "TENANT'S ALTERNATIVE LOCATION(S)"). So long as it is physically feasible to locate the pipe, duct or conduit in question in Tenant's Alternative Location(s), Landlord shall locate the same in Tenant's Alternative Location(s) rather than Landlord's Proposed Location(s). In any such case, however, Tenant, within thirty (30) days after any written demand, shall pay to Landlord an amount equal to Landlord's reasonable estimate of the incremental cost of locating such pipe, duct or conduit in Tenant's Alternative Location(s), as opposed to locating the same in Landlord's Proposed Location. (c) Any pipe, duct or conduit located within the Premises shall be concealed behind then existing walls, ceilings or raised floors of the Premises if feasible (and if not feasible, then the same shall be completely furred at points immediately adjacent to partitioning, columns or ceilings). (d) As used in this Section 16.02, (I) the term "FEASIBLE" shall mean both physically feasible and economically feasible, from Landlord's perspective, and consistent with all laws and requirements of public authorities, (II) the term "PRIMARY LANDLORD CONDUIT AREAS" shall mean any of (x) the areas of the Premises located between the hung and structural ceiling of the Premises on each Premises Floor, (y) the areas of the Premises located underneath any raised flooring, and (z) the other areas of the Premises shown hatched on Exhibit S attached hereto, and (III) the term "SECONDARY LANDLORD CONDUIT AREAS" shall mean any area of the Premises which is adjacent to (A) any walls, floors or ceilings bounding the Premises (including without limitation core and exterior walls) or (B) any areas reserved to Landlord pursuant to Section 16.01 hereof.it

Access and Name of Building. 16.01. Except for the space within the inside surfaces of all walls bounding the Premiseswalls, slab hung ceilings, floors, windows and doors bounding the Premises, and, except as otherwise provided in this lease, all of the Building, including, without limitation, exterior and atrium Building walls, core corridor walls and doors and any core corridor entrance, any terraces or roofs adjacent to the Premises, and any space in or adjacent to the Premises (other than any such space used on the date hereof for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities), all of the Building (including, without limitation, exterior Building walls, core walls, doors and entrances (or, on any multi-tenant floor, corridor walls, doors and entrances), any terraces or roofs and any areas on any Premises Floor which are not included within the Premises (and further including without limitation the aforementioned space used on the date hereof for shafts, stacks, pipes, conduits, fan rooms, ducts, electrical or other utilities, sinks or other Building facilities), and the use thereof, as well as access thereto through the Premises for the purposes of operation, maintenance, alteration, addition, improvement, replacement decoration and repair) is , are reserved to Landlord, one or more of the other Condominium Parties and/or Landlord and persons authorized by either Landlord or one or more Landlord, with respect to portions of the other Condominium Partiesforegoing located in the Unit, and no space or property so reserved shall be deemed and, subject to be part the provisions of the PremisesDeclaration, to the Board of Managers and persons authorized by the Board of Managers, with respect to portions of the Building outside the Unit. (a) 16.02. Landlord reserves and the Board of Managers reserve the right, and Tenant shall permit Landlord Landlord, the Board of Managers and persons authorized by Landlord or the Board of Managers, to install, erect, use, maintain, repair use and replace maintain pipes, ducts and conduits in and through the Premises; providedprovided that (a) same are installed within the interior of the walls of the Premises or above Tenant's ceiling or, howeverif installed adjacent to the Premises or the ceiling thereof, such installations shall be, at Landlord's or the Board of Managers' cost and expense, located in boxed enclosures and appropriately furred, and (b) in performing such installation work, Landlord or the Board of Managers, as the case may be, shall use reasonable efforts not to interfere with Tenant's use of the Premises without any obligation to employ overtime services unless Tenant requests same and, except as otherwise provided in this Section 16.02, reimburses Landlord or the Board of Managers, as the case may be, for the actual, incremental, reasonable, out-of-pocket costs in connection therewith. Notwithstanding the provisions of this Section 16.02 to the contrary, Landlord or the Board of Managers, as the case may be, shall be required to perform all such work during non-Regular Building Service Hours if the nature of such work is such as to customarily be performed by landlords in Comparable Buildings during non-Regular Building Service Hours (E.G., an electrical shutdown for the repair of a riser). Any damage to the Premises resulting from Landlord's exercise of the foregoing right shall be repaired and the Premises restored to its condition prior to such damage promptly by and at the expense of Landlord or the Board of Managers, as the case may be. 16.03. Landlord and the Board of Managers and persons authorized by Landlord and/or the Board of Managers shall have the right, upon reasonable advance notice, except in cases of emergency, to enter and/or pass through the Premises at reasonable times provided Landlord or the Board of Managers, as the case may be, shall use reasonable efforts to minimize any interference with Tenant's business operations -108- (without obligation to make such visits during non-Regular Building Service Hours unless Tenant requests same in connection with any visit for the purposes described in clause (b) below and, except as otherwise provided in this Section 16.03, reimburses Landlord or the Board of Managers, as the case may be, for the actual, incremental, reasonable, out-of-pocket costs in connection therewith) and shall be accompanied by a designated representative of Tenant if Tenant shall have made such representative available, (a) to examine the Premises and to show them to actual and prospective Superior Lessors, Superior Mortgagees, or prospective purchasers, mortgagees or lessees of the Unit or the Building, (b) to make such repairs, alterations, additions and improvements in or to the Premises and/or in or to the Unit or the Building or its facilities and equipment as Landlord or the Board of Managers or persons authorized by Landlord or the Board of Managers is or are required or, subject to all other applicable provisions of this lease, desires to make, and (c) to read any utility meters located therein. Landlord, the Board of Managers and such authorized persons shall be allowed to take all materials into and upon the Premises that may reasonably be required in connection therewith, without any liability to Tenant and without any reduction of Tenant's covenants and obligations hereunder except as may be expressly provided to the contrary elsewhere in this lease (including, without limitation, in Section 35.04(b) hereof); PROVIDED, HOWEVER, that Landlordto the extent reasonably practicable, after Landlord or the date hereofBoard of Managers shall not cause or permit such materials to be stored in the Premises overnight. Notwithstanding any provision of this Article 16 to the contrary, Landlord or the Board of Managers, as the case may locate be, shall be required to perform all repairs, alterations, additions and improvements as referred to in clause (b) above during non-Regular Building Service Hours if the nature of any such piperepair, duct alteration, addition or conduit within improvement is such as to customarily be performed by landlords in Comparable Buildings during non-Regular Building Service Hours (E.G., an electrical shutdown for the repair of a riser). 16.04. If at any time any windows of the Premises are either temporarily darkened or obstructed by reason of any repairs, improvements, maintenance and/or cleaning in or about the Unit or the Building (as opposed or permanently darkened or obstructed; PROVIDED, HOWEVER, that Landlord shall not permanently darken or obstruct the windows unless required to do so by law) or covered by any translucent material for the purpose of energy conservation (subject to the areas reserved to Landlord pursuant to provisions of Section 16.01 hereof) only ), or if it is not feasible for Landlord to locate such pipeany part of the Building or the Unit, duct or conduit within areas reserved to Landlord pursuant to Section 16.01 hereof; provided, further, however, that, even in cases where, pursuant to the preceding proviso, Landlord may locate a pipe, duct or conduit within other than the Premises, is temporarily or, if required by law, permanently closed or inoperable, the same shall be without liability to Landlord may only locate such pipeand without any reduction or diminution of Tenant's obligations under this lease except as otherwise provided in this lease, duct including, without limitation, in Section 35.04(b) hereof. 16.05. During any Assignment Recapture Period or conduit within one or more any Sublease Recapture Period and during the period of twenty-four (24) months prior to the Primary Landlord Conduit Areas expiration date of this lease (as hereinafter defined), unless it is also not feasible for Landlord to locate such pipe, duct or conduit within Primary Landlord Conduit Areas, in which event Landlord the same may locate such pipe, duct or conduit within one or more of the Secondary Landlord Conduit Areas. (b) Landlord, prior to locating any pipe, duct or conduit within the Premises have been extended pursuant to the provisions of Section 16.02(a) above (whether within any Primary Landlord Conduit Areas or Secondary Conduit Areasthis lease), Landlord and persons authorized by Landlord may exhibit the Premises to prospective tenants at reasonable times. Landlord shall notify give Tenant reasonable prior notice of Landlordany entry pursuant to this Section 16.05 and shall use reasonable efforts to -109- minimize any interference with Tenant's intention to do so, which notice shall contain an -103- 108 adequate description business operations and use of the location(sPremises (without obligation to make such visits during non-Regular Building Service Hours) within the Premises in which Landlord proposes to locate such pipe, duct or conduit (such location(s) being herein called "LANDLORD'S PROPOSED LOCATION(S)"), it being agreed that any such notice and shall be accompanied by, and include, by a floor plan(s) delineating such location(s) to the extent that such delineation is needed to comprise an adequate description designated representative of such location(s). Tenant, within ten (10) Business Days after its receipt of such notice, Tenant if Tenant shall have the right, by notice to Landlord (given within made such 10 Business Day period), to designate a different location(s) within the Premises, or within the areas reserved to Landlord pursuant to Section 16.01 hereof, in which such pipe, duct or conduit (such different location(s) are herein called "TENANT'S ALTERNATIVE LOCATION(S)"). So long as it is physically feasible to locate the pipe, duct or conduit in question in Tenant's Alternative Location(s), Landlord shall locate the same in Tenant's Alternative Location(s) rather than Landlord's Proposed Location(s). In any such case, however, Tenant, within thirty (30) days after any written demand, shall pay to Landlord an amount equal representative available to Landlord's reasonable estimate of the incremental cost of locating such pipe, duct or conduit in Tenant's Alternative Location(s), as opposed to locating the same in Landlord's Proposed Location. (c) Any pipe, duct or conduit located within the Premises shall be concealed behind then existing walls, ceilings or raised floors of the Premises if feasible (and if not feasible, then the same shall be completely furred at points immediately adjacent to partitioning, columns or ceilings). (d) As used in this Section 16.02, (I) the term "FEASIBLE" shall mean both physically feasible and economically feasible, from Landlord's perspective, and consistent with all laws and requirements of public authorities, (II) the term "PRIMARY LANDLORD CONDUIT AREAS" shall mean any of (x) the areas of the Premises located between the hung and structural ceiling of the Premises on each Premises Floor, (y) the areas of the Premises located underneath any raised flooring, and (z) the other areas of the Premises shown hatched on Exhibit S attached hereto, and (III) the term "SECONDARY LANDLORD CONDUIT AREAS" shall mean any area of the Premises which is adjacent to (A) any walls, floors or ceilings bounding the Premises (including without limitation core and exterior walls) or (B) any areas reserved to Landlord pursuant to Section 16.01 hereof.

Access and Name of Building. 16.0118.01. Except for the space within the inside surfaces of all walls bounding the Premiseswalls, slab hung ceilings, floorsfloor slabs, windows and doors bounding the Premises, all of the Building, including, without limitation, exterior Building walls, any terraces or roofs adjacent to the Premises, and any space in or adjacent to the Premises (other than any such space used on the date hereof for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities), all of the Building (including, without limitation, exterior Building walls, core walls, doors and entrances (or, on any multi-tenant floor, corridor walls, doors and entrances), any terraces or roofs and any areas on any Premises Floor which are not included within the Premises (and further including without limitation the aforementioned space used on the date hereof for shafts, stacks, pipes, conduits, fan rooms, ducts, electrical or other utilities, sinks or other Building facilities), and the use thereof, as well as access thereto through the Premises for the purposes of operation, maintenance, alterationrepair and exterior decoration, addition, improvement, replacement and repair) is are reserved to Landlord, one or more of the other Condominium Parties and/or Landlord and persons authorized by either Landlord or one or more Landlord, except in cases of the other Condominium Parties, and no space or property so reserved shall be deemed to be part of the Premisesemergency. (a) 18.02. Landlord reserves the right, subject to Section 18.06 hereof, and Tenant shall permit Landlord and persons authorized by Landlord Landlord, to install, erect, use, maintain, repair use and replace maintain pipes, ducts and conduits in and through the Premises; provided. Any pipes, however, that Landlord, after the date hereof, may locate any such pipe, duct ducts or conduit within the Premises (as opposed to the areas reserved to Landlord pursuant to Section 16.01 hereof) only if it is not feasible for Landlord to locate such pipe, duct conduits installed in or conduit within areas reserved to Landlord pursuant to Section 16.01 hereof; provided, further, however, that, even in cases where, pursuant to the preceding proviso, Landlord may locate a pipe, duct or conduit within the Premises, Landlord may only locate such pipe, duct or conduit within one or more of the Primary Landlord Conduit Areas (as hereinafter defined), unless it is also not feasible for Landlord to locate such pipe, duct or conduit within Primary Landlord Conduit Areas, in which event Landlord may locate such pipe, duct or conduit within one or more of the Secondary Landlord Conduit Areas. (b) Landlord, prior to locating any pipe, duct or conduit within through the Premises pursuant to the provisions of this Section 16.02(a18.02 shall either be (i) above (whether concealed behind, beneath or within any Primary Landlord Conduit Areas partitioning, columns, ceilings or Secondary Conduit Areas), shall notify Tenant of Landlord's intention floors located or to do so, which notice shall contain an -103- 108 adequate description of the location(s) within be located in the Premises in which Landlord proposes to locate such pipethe extent physically practicable, duct or conduit (such location(s) being herein called "LANDLORD'S PROPOSED LOCATION(S)"), it being agreed that any such notice shall be accompanied by, and include, a floor plan(s) delineating such location(sii) to the extent that such delineation concealment is needed to comprise an adequate description of such location(s). Tenantnot physically practicable, within ten (10) Business Days after its receipt of such notice, shall have the right, by notice to Landlord (given within such 10 Business Day period), to designate a different location(s) within the Premises, or within the areas reserved to Landlord pursuant to Section 16.01 hereof, in which such pipe, duct or conduit (such different location(s) are herein called "TENANT'S ALTERNATIVE LOCATION(S)"). So long as it is physically feasible to locate the pipe, duct or conduit in question in Tenant's Alternative Location(s), Landlord shall locate the same in Tenant's Alternative Location(s) rather than Landlord's Proposed Location(s). In any such case, however, Tenant, within thirty (30) days after any written demand, shall pay to Landlord an amount equal to Landlord's reasonable estimate of the incremental cost of locating such pipe, duct or conduit in Tenant's Alternative Location(s), as opposed to locating the same in Landlord's Proposed Location. (c) Any pipe, duct or conduit located within the Premises shall be concealed behind then existing walls, ceilings or raised floors of the Premises if feasible (and if not feasible, then the same shall be completely furred at points immediately adjacent to partitioning, columns or ceilings). (d) As used ceilings located or to be located in this Section 16.02the Premises, (I) in which case the term "FEASIBLE" installation of such pipes, ducts or conduits, when completed, shall mean both physically feasible and economically feasible, from Landlord's perspective, and consistent with all laws and requirements of public authorities, (II) not reduce the term "PRIMARY LANDLORD CONDUIT AREAS" shall mean any of (x) the areas of the Premises located between the hung and structural ceiling of the Premises on each Premises Floor, (y) the areas of the Premises located underneath any raised flooring, and (z) the other areas of the Premises shown hatched on Exhibit S attached hereto, and (III) the term "SECONDARY LANDLORD CONDUIT AREAS" shall mean any usable area of the Premises which is adjacent except to (A) any walls, floors or ceilings bounding a de minimis extent. Any work performed by Landlord under this Section 18.02 shall be performed in accordance with the applicable provisions of Article 14. 18.03. Landlord and persons authorized by Landlord shall have the right to enter and/or pass through the Premises at any time or times (including a) during Business Hours, on at least one day's prior advice to Tenant, to show them to actual and prospective Superior Mortgagees, or prospective purchasers of the Building, (b) on at least four hours' prior advice to Tenant (except in the case of emergencies) to examine the Premises and, to the extent permitted by and subject to the applicable provisions of this lease, to make such repairs, alterations, additions and improvements in or to the Premises and/or in or to the Building or its facilities and equipment as Landlord or persons authorized by Landlord is or are required or desires to make, and (c) on at least four hours' prior advice to Tenant, to read any utility meters located therein (and Tenant shall have the right to accompany the persons reading such meters). Landlord and such authorized persons shall be allowed to take all materials into and upon the Premises that may be required in connection therewith, without limitation core any liability to Tenant and exterior walls) or (B) without any areas reserved to Landlord pursuant to reduction of Tenant's covenants and obligations hereunder except as provided in Section 16.01 hereof16.

Access and Name of Building. 16.01. Except for the space within the inside surfaces of all walls bounding the Premiseswalls, slab hung ceilings, floors, windows and doors bounding the Premises, all of the Building, including, without limitation, exterior and atrium Building walls, core corridor walls and doors and any core corridor entrance, any terraces or roofs adjacent to the Premises, and any space in or adjacent to the Premises (other than any such space used on the date hereof for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities), all of the Building (including, without limitation, exterior Building walls, core walls, doors and entrances (or, on any multi-tenant floor, corridor walls, doors and entrances), any terraces or roofs and any areas on any Premises Floor which are not included within the Premises (and further including without limitation the aforementioned space used on the date hereof for shafts, stacks, pipes, conduits, fan rooms, ducts, electrical or other utilities, sinks or other Building facilities), and the use thereof, as well as access thereto through the Premises for the purposes of operation, maintenance, alteration, addition, improvement, replacement decoration and repair) is , are reserved to Landlord, one or more of the other Condominium Parties and/or Landlord and persons authorized by either Landlord. Tenant acknowledges that Landlord has installed or one or more is planning to install in the Building on the inside of the other Condominium Partieswindows thereof a film to reduce the usage of energy in the Building. Tenant agrees that the foregoing provisions of this Section 16.01 shall apply to the installation, and no space maintenance or property so reserved shall be deemed to be part replacement of the Premisessuch film. (a) 16.02. Landlord reserves the right, and Tenant shall permit Landlord and persons authorized by Landlord Landlord, to install, erect, use, maintain, repair use and replace maintain pipes, ducts and conduits in and through the Premises; provided, however, provided that Landlord, after the date hereof, may locate any such pipe, duct (a) if installed in or conduit within adjacent to the Premises (as opposed to the areas reserved to Landlord pursuant to Section 16.01 hereof) only if it is not feasible for Landlord to locate then such pipeinstallations shall be, duct or conduit within areas reserved to Landlord pursuant to Section 16.01 hereof; providedat Landlord's cost and expense, furtherlocated in boxed enclosures and appropriately furred, however, that, even in cases where, pursuant to the preceding proviso, Landlord may locate a pipe, duct or conduit within the Premises, Landlord may only locate such pipe, duct or conduit within one or more of the Primary Landlord Conduit Areas (as hereinafter defined), unless it is also not feasible for Landlord to locate such pipe, duct or conduit within Primary Landlord Conduit Areas, in which event Landlord may locate such pipe, duct or conduit within one or more of the Secondary Landlord Conduit Areas. (b) in performing such installation work, Landlord shall use reasonable efforts not to interfere with Tenant's use of the Premises without any obligation to employ overtime services, and (c) the rentable square foot area of the Premises shall not be reduced thereby, except to a de minimis extent (Landlord agreeing not to reduce the rentable square foot area of the Premises by more than one (1%) percent thereof). Any damage to the Premises resulting from Landlord's exercise of the foregoing right shall be repaired promptly by Landlord, prior to locating any pipe, duct or conduit within the Premises pursuant to the provisions of Section 16.02(a) above (whether within any Primary Landlord Conduit Areas or Secondary Conduit Areas), shall notify Tenant of at Landlord's intention to do so, which notice shall contain an -103- 108 adequate description of the location(s) within the Premises in which expense. 16.03. Landlord proposes to locate such pipe, duct or conduit (such location(s) being herein called "LANDLORD'S PROPOSED LOCATION(S)"), it being agreed that any such notice shall be accompanied by, and include, a floor plan(s) delineating such location(s) to the extent that such delineation is needed to comprise an adequate description of such location(s). Tenant, within ten (10) Business Days after its receipt of such notice, persons authorized by Landlord shall have the right, by notice to Landlord (given within such 10 Business Day period)upon reasonable advance notice, except in cases of emergency, to designate enter and/or pass through the Premises at reasonable times provided Landlord shall use reasonable efforts to minimize any interference with 57 58 Tenant's business operations (without obligation to make such visits during non-business hours) and shall be accompanied by a different location(sdesignated representative of Tenant if Tenant shall have made such representative available to Landlord, (a) within to examine the Premises and to show them to actual and prospective Superior Lessors, Superior Mortgagees, or prospective purchasers, mortgagees or lessees of the Building, (b) to make such repairs, alterations, additions and improvements in or to the Premises and/or in or to the Building or its facilities and equipment as Landlord or persons authorized by Landlord is or are required or desires to make, and (c) to read any utility meters located therein. Landlord and such authorized persons shall be allowed to take all materials into and upon the Premises that may be required in connection therewith, without any liability to Tenant and without any reduction of Tenant's covenants and obligations hereunder. 16.04. If at any time any windows of the Premises are either temporarily darkened or obstructed by reason of any repairs, improvements, maintenance and/or cleaning in or about the Building (or permanently darkened or obstructed if required by law) or covered by any translucent material for the purpose of energy conservation, or if any part of the Building, other than the Premises, is temporarily or within the areas reserved to Landlord pursuant to Section 16.01 hereofpermanently closed or inoperable, in which such pipe, duct or conduit (such different location(s) are herein called "TENANT'S ALTERNATIVE LOCATION(S)"). So long as it is physically feasible to locate the pipe, duct or conduit in question in Tenant's Alternative Location(s), Landlord shall locate the same in Tenant's Alternative Location(s) rather than Landlord's Proposed Location(s). In any such case, however, Tenant, within thirty (30) days after any written demand, shall pay to Landlord an amount equal to Landlord's reasonable estimate of the incremental cost of locating such pipe, duct or conduit in Tenant's Alternative Location(s), as opposed to locating the same in Landlord's Proposed Location. (c) Any pipe, duct or conduit located within the Premises shall be concealed behind then existing walls, ceilings or raised floors of the Premises if feasible (and if not feasible, then the same shall be completely furred at points immediately adjacent without liability to partitioning, columns Landlord and without any reduction or ceilings)diminution of Tenant's obligations under this Lease. 16.05. During the time period referred to in subsection 7.07 and during the period of twelve (d12) As used in months prior to the expiration date of this Section 16.02Lease, (I) the term "FEASIBLE" shall mean both physically feasible Landlord and economically feasible, from Landlord's perspective, and consistent with all laws and requirements of public authorities, (II) the term "PRIMARY LANDLORD CONDUIT AREAS" shall mean any of (x) the areas of persons authorized by Landlord may exhibit the Premises located between the hung and structural ceiling of the Premises to prospective tenants on each Premises Floorreasonable advance notice to Tenant, (y) the areas of the Premises located underneath any raised flooring, and (z) the other areas of the Premises shown hatched on Exhibit S attached hereto, and (III) the term "SECONDARY LANDLORD CONDUIT AREAS" shall mean any area of the Premises which is adjacent to (A) any walls, floors or ceilings bounding the Premises (including without limitation core and exterior walls) or (B) any areas reserved to Landlord pursuant to Section 16.01 hereofmay be given orally.

Access and Name of Building. 16.01. Except for the space within the inside surfaces of all walls bounding the Premiseswalls, slab hung ceilings, floors, windows and doors bounding the Premises, all of the Building, including, without limitation, exterior and atrium Building walls, core corridor walls and doors and any core corridor entrance, any terraces or roofs adjacent to the Premises, and any space in or adjacent to the Premises (other than any such space used on the date hereof for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities), all of the Building (including, without limitation, exterior Building walls, core walls, doors and entrances (or, on any multi-tenant floor, corridor walls, doors and entrances), any terraces or roofs and any areas on any Premises Floor which are not included within the Premises (and further including without limitation the aforementioned space used on the date hereof for shafts, stacks, pipes, conduits, fan rooms, ducts, electrical or other utilities, sinks or other Building facilities), and the use thereof, as well as access thereto through the Premises for the purposes of operation, maintenance, alteration, addition, improvement, replacement decoration and repair) is , are reserved to Landlord, one or more of the other Condominium Parties and/or Landlord and persons authorized by either Landlord or one or more of the other Condominium Parties, and no space or property so reserved shall be deemed to be part of the PremisesLandlord. (a) 16.02. Landlord reserves the right, and Tenant shall permit Landlord and persons authorized by Landlord Landlord, to install, erect, use, maintain, repair use and replace maintain pipes, ducts and conduits in and through the Premises; provided that (a) if installed adjacent to the Premises then such installations shall be, at Landlord’s cost and expense, located in boxed enclosures and appropriately furred, (b) following completion of same, such installations shall not materially interfere with or materially impair the appearance or layout of the Premises and the cubic area of the Premises shall not be reduced as a result thereof except to a de minimis extent and (c) in performing such installation work, Landlord shall use reasonable efforts not to interfere with Tenant’s use of the Premises or Tenant’s existing Alterations without any obligation to employ overtime services. Any damage to the Premises resulting from Landlord’s exercise of the foregoing right shall be repaired promptly by Landlord, at Landlord’s expense. Any such work under this Article 16 shall be upon prior notice (at least 24 hours notice) to Tenant, except in the case of an emergency where no such notice is required, and at reasonable times and Landlord shall use reasonable efforts to minimize any interference with Tenant’s ordinary conduct of business in the Premises during such periods of access. To the extent that prudent landlords of Comparable Buildings would perform the work detailed under this Section 16.02 and under Section 16.03 below on an overtime basis, Landlord shall likewise perform same on an overtime basis, provided Tenant’s ordinary conduct of business therein shall not be adversely affected (by more than a de minimis extent); provided, however, that LandlordLandlord shall perform same on an overtime basis if same would not be performed by prudent landlords of Comparable Buildings if Tenant otherwise requests same, after and provided Tenant shall be pay, as Additional Charges hereunder, the date hereof, may locate any such pipe, duct or conduit within the Premises incremental (as opposed to the areas reserved to Landlord pursuant to Section 16.01 hereof) only if it is not feasible for Landlord to locate such pipe, duct or conduit within areas reserved to Landlord pursuant to Section 16.01 hereof; provided, further, however, that, even in cases where, pursuant to the preceding proviso, Landlord may locate a pipe, duct or conduit within the Premises, Landlord may only locate such pipe, duct or conduit within one or more excess of the Primary non-overtime cost) cost incurred by Landlord Conduit Areas (as hereinafter defined), unless it is also not feasible for Landlord to locate such pipe, duct or conduit within Primary Landlord Conduit Areas, in which event Landlord may locate such pipe, duct or conduit within one or more of the Secondary Landlord Conduit Areas. (b) Landlord, prior to locating any pipe, duct or conduit within the Premises pursuant to the provisions of Section 16.02(a) above (whether within any Primary Landlord Conduit Areas or Secondary Conduit Areas), shall notify Tenant of Landlord's intention to do so, which notice shall contain an -103- 108 adequate description of the location(s) within the Premises in which Landlord proposes to locate such pipe, duct or conduit (such location(s) being herein called "LANDLORD'S PROPOSED LOCATION(S)"), it being agreed that any such notice shall be accompanied by, and include, a floor plan(s) delineating such location(s) to the extent that such delineation is needed to comprise an adequate description of such location(s). Tenant, within ten (10) Business Days after its receipt of such notice, shall have the right, by notice to Landlord (given within such 10 Business Day period), to designate a different location(s) within the Premises, or within the areas reserved to Landlord pursuant to Section 16.01 hereof, in which such pipe, duct or conduit (such different location(s) are herein called "TENANT'S ALTERNATIVE LOCATION(S)"). So long as it is physically feasible to locate the pipe, duct or conduit in question in Tenant's Alternative Location(s), Landlord shall locate the same in Tenant's Alternative Location(s) rather than Landlord's Proposed Location(s). In any such case, however, Tenant, connection therewith within thirty (30) days after of demand therefor. 16.03. Landlord and persons authorized by Landlord shall have the right, upon reasonable advance notice (at least one (1) Business Day’s notice), except in cases of emergency, to enter and/or pass through the Premises at reasonable times provided Landlord shall use reasonable efforts to minimize any written demand, interference with Tenant’s business operations (without obligation to make such visits during non-business hours) and shall pay to Landlord an amount equal be accompanied by a designated representative of Tenant if Tenant shall have made such representative available to Landlord's reasonable estimate , (a) to examine the Premises and to show them to actual and prospective Superior Lessors, Superior Mortgagees, or prospective purchasers, mortgagees or lessees of the incremental cost of locating Building, (b) to make such piperepairs, duct alterations, additions and improvements in or conduit to the Premises and/or in Tenant's Alternative Location(s)or to the Building or its facilities and equipment as Landlord or persons authorized by Landlord is or are required or desires to make, as opposed to locating the same in Landlord's Proposed Location. and (c) Any pipe, duct or conduit to read any utility meters located within therein. Landlord and such authorized persons shall be allowed to take all materials into and upon the Premises that may be required in connection therewith, and except as expressly set forth in Section 35.04(b) below, without any liability to Tenant and without any reduction of Tenant’s covenants and obligations hereunder and Landlord shall only be concealed behind then existing walls, ceilings or raised floors entitled to store such materials if same would be reasonable and customary in Comparable Buildings and in accordance with sound construction practice so long as Tenant’s ordinary conduct of business in the Premises is not adversely affected (by more than a de minimis amount). 16.04. If at any time any windows of the Premises are either temporarily darkened or obstructed by reason of any repairs, improvements, maintenance and/or cleaning (so long as Landlord diligently perform such repairs, improvements, maintenance and/or cleaning) in or about the Building (or permanently darkened or obstructed if feasible (and required by law) or covered by any translucent material for the purpose of energy conservation, or if not feasibleany part of the Building, then other than the Premises, is temporarily or permanently closed or inoperable, the same shall be completely furred at points immediately adjacent without liability to partitioning, columns Landlord and without any reduction or ceilings)diminution of Tenant’s obligations under this Lease. 16.05. During the time period referred to in subsection 7.07(a) and during the period of fifteen (d15) As used in months prior to the expiration date of this Section 16.02Lease, (I) the term "FEASIBLE" shall mean both physically feasible Landlord and economically feasible, from Landlord's perspective, and consistent with all laws and requirements of public authorities, (II) the term "PRIMARY LANDLORD CONDUIT AREAS" shall mean any of (x) the areas of persons authorized by Landlord may exhibit the Premises located between to prospective tenants, subject to the hung terms and structural ceiling of the Premises on each Premises Floor, (y) the areas of the Premises located underneath any raised flooring, and (z) the other areas of the Premises shown hatched on Exhibit S attached hereto, and (III) the term "SECONDARY LANDLORD CONDUIT AREAS" shall mean any area of the Premises which is adjacent to (A) any walls, floors or ceilings bounding the Premises (including without limitation core and exterior walls) or (B) any areas reserved to Landlord pursuant to conditions set forth above in Section 16.01 hereof16.03.

Access and Name of Building. 16.01. Except for the space within the inside surfaces of all walls bounding the Premiseswalls, slab hung ceilings, floors, windows and doors bounding the Premises, all of the Building, including, without limitation, exterior and atrium Building walls, core corridor walls and doors and any core corridor entrance, any terraces or roofs adjacent to the Premises, and any space in or adjacent to the Premises (other than any such space used on the date hereof for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building facilities), all of the Building (including, without limitation, exterior Building walls, core walls, doors and entrances (or, on any multi-tenant floor, corridor walls, doors and entrances), any terraces or roofs and any areas on any Premises Floor which are not included within the Premises (and further including without limitation the aforementioned space used on the date hereof for shafts, stacks, pipes, conduits, fan rooms, ducts, electrical or other utilities, sinks or other Building facilities), and the use thereof, as well as access thereto through the Premises for the purposes of operation, maintenance, alteration, addition, improvement, replacement decoration and repair) is , are reserved to Landlord, one or more of the other Condominium Parties and/or Landlord and persons authorized by either Landlord. Tenant acknowledges that Landlord or one or more may install in the Building on the inside of the other Condominium Partieswindows thereof a film to reduce the usage of energy in the Building. Tenant agrees that the foregoing provisions of this Section 16.01 shall apply to the installation, and no space maintenance or property so reserved shall be deemed to be part replacement of the Premisessuch film. (a) 16.02. Landlord reserves the right, and Tenant shall permit Landlord and persons authorized by Landlord Landlord, to install, erect, use, maintain, repair use and replace maintain pipes, ducts and conduits in and through the Premises; provided, however, that Landlord, after the date hereof, may locate any such pipe, duct or conduit within the Premises (as opposed to the areas reserved to Landlord pursuant to Section 16.01 hereof) only if it is not feasible for Landlord to locate such pipe, duct or conduit within areas reserved to Landlord pursuant to Section 16.01 hereof; provided, further, however, that, even in cases where, pursuant to the preceding proviso, Landlord may locate a pipe, duct or conduit within the Premises, Landlord may only locate such pipe, duct or conduit within one or more of the Primary Landlord Conduit Areas (as hereinafter defined), unless it is also not feasible for Landlord to locate such pipe, duct or conduit within Primary Landlord Conduit Areas, in which event Landlord may locate such pipe, duct or conduit within one or more of the Secondary Landlord Conduit Areas. (b) Landlord, prior to locating any pipe, duct or conduit within the Premises pursuant to the provisions of Section 16.02(a) above (whether within any Primary Landlord Conduit Areas or Secondary Conduit Areas), shall notify Tenant of Landlord's intention to do so, which notice shall contain an -103- 108 adequate description of the location(s) within the Premises in which Landlord proposes to locate such pipe, duct or conduit (such location(s) being herein called "LANDLORD'S PROPOSED LOCATION(S)"), it being agreed that any such notice shall be accompanied by, and include, a floor plan(s) delineating such location(s) to the extent that such delineation is needed to comprise an adequate description of such location(s). Tenant, within ten (10) Business Days after its receipt of such notice, shall have the right, by notice to Landlord (given within such 10 Business Day period), to designate a different location(s) within the Premises, or within the areas reserved to Landlord pursuant to Section 16.01 hereof, in which such pipe, duct or conduit (such different location(s) are herein called "TENANT'S ALTERNATIVE LOCATION(S)"). So long as it is physically feasible to locate the pipe, duct or conduit in question in Tenant's Alternative Location(s), Landlord shall locate the provided same in Tenant's Alternative Location(s) rather than Landlord's Proposed Location(s). In any such case, however, Tenant, within thirty (30) days after any written demand, shall pay to Landlord an amount equal to Landlord's reasonable estimate of the incremental cost of locating such pipe, duct or conduit in Tenant's Alternative Location(s), as opposed to locating the same in Landlord's Proposed Location. (c) Any pipe, duct or conduit located within the Premises shall be concealed behind then existing wallsbehind, beneath or within partitioning, columns, ceilings or raised floors of located or to be located in the Premises if feasible (and if not feasiblePremises. Notwithstanding the foregoing, then the same shall any such pipes, ducts, or conduits may be completely furred at points immediately adjacent to partitioning, partitioning columns or ceilings). (d) As used ceilings located or to be located in this Section 16.02the Premises, (I) provided that the term "FEASIBLE" same are completely furred and that the installation of such pipes, ducts, or conduits, when completed, shall mean both physically feasible and economically feasible, from Landlord's perspective, and consistent with all laws and requirements of public authorities, (II) not reduce the term "PRIMARY LANDLORD CONDUIT AREAS" shall mean any of (x) the areas of the Premises located between the hung and structural ceiling of the Premises on each Premises Floor, (y) the areas of the Premises located underneath any raised flooring, and (z) the other areas of the Premises shown hatched on Exhibit S attached hereto, and (III) the term "SECONDARY LANDLORD CONDUIT AREAS" shall mean any usable area of the Premises which beyond a de minimis amount and further provided that such installation is adjacent performed in a manner calculated to (A) any walls, floors or ceilings bounding minimize interference with Tenant’s conduct of business in the Premises. 16.03. Landlord and persons authorized by Landlord shall have the right to enter and/or pass through the Premises at any reasonable time or times upon reasonable prior notice (including except in the case of an emergency), which notice may be oral, (a) to examine the Premises and to show them to actual and prospective Superior Lessors, Superior Mortgagees, or prospective purchasers, mortgagees or lessees of the Building, (b) to make such repairs, alterations, additions and improvements in or to the Premises and/or in or to the Building or its facilities and equipment as Landlord or persons authorized by Landlord is or are required or desires to make, (and Landlord shall endeavor to give Tenant prior written notice of any such alterations, additions and improvements to the extent that Landlord has prior knowledge thereof) and (c) to read any utility meters located therein. Landlord and such authorized persons shall be allowed to take all materials into and upon the Premises that may be required in connection therewith, without limitation core any liability to Tenant and exterior wallswithout any reduction of Tenant’s covenants and obligations hereunder except as set forth in Section 13.03 hereof. In making any such entry into the Premises, pursuant to this Section 16.03, Landlord shall exercise reasonable diligence so as to minimize interference with Tenant’s business operations in the Premises, but nothing contained in this sentence shall be deemed to require Landlord to make any such entry on an overtime basis. 16.04. If at any time any windows of the Premises are either temporarily darkened or obstructed by reason of any repairs, improvements, maintenance and/or cleaning in or about the Building (or permanently darkened or obstructed if required by law) or (B) covered by any areas reserved translucent material for the purpose of energy conservation, or if any part of the Building, other than the Premises, is temporarily or permanently closed or inoperable, the same shall be without liability to Landlord pursuant and without any reduction or diminution of Tenant’s obligations under this lease. Landlord agrees that it will not permanently obstruct any windows of the Premises unless same shall in Landlord’s reasonable judgment be required by law or for safety or security reasons. 16.05. During the time period referred to in subsection 7.07(a) hereof and during the period of eighteen (18) months prior to the expiration date of this lease, Landlord and persons authorized by Landlord may exhibit the Premises to prospective tenants. 16.06. If, during the last month of the term of this lease, Tenant has removed all or substantially all of Tenant’s property from the Premises, Landlord or persons authorized by Landlord may, without notice to Tenant, immediately enter the Premises and alter, renovate and decorate the same, without liability to Tenant and without reducing or otherwise affecting Tenant’s covenants and obligations hereunder. 16.07. Except as specifically provided herein, Landlord reserves the right, at any time, without it being deemed a constructive eviction and without incurring any liability to Tenant therefor, or affecting or reducing any of Tenant’s covenants and obligations hereunder, except as set forth in Section 16.01 13.03 hereof, to make or permit to be made such changes, alterations, additions and improvements in or to the Building and the fixtures and equipment thereof, as well as in or to the street entrances, atrium, doors, halls, passages, elevators, escalators and stairways thereof, and other public parts of the Building, as Landlord shall, in its reasonable judgment, deem necessary or desirable provided any such changes, additions, alterations or improvements do (a) unreasonably reduce, interfere with or deprive Tenant of access to the Building or the Premises or (b) reduce the usable area (except by a de rninimis amount) of the Premises. 16.08. Landlord reserves the right to name the Building and to change the name or address of the Building at any time and from time to time, provided however that Landlord shall give Tenant reasonable advance notice of any such change. Neither this lease nor any use by Tenant shall give Tenant any easement or other right in or to the use of any door or any passage or any concourse or any plaza connecting the Building with any subway or any other building or to any public conveniences, and the use of such doors, passages, concourses, plazas and conveniences may without notice to Tenant, be regulated or discontinued at any time by Landlord. 16.09. If Tenant shall not be personally present to open and permit an entry into the Premises at any time when for any reason an entry therein shall be urgently necessary by reason of fire or other emergency, Landlord or Landlord’s agents may forcibly enter the same without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord’s agents shall accord reasonable care to Tenant’s property) and without in any manner affecting the obligations and covenants of this lease. 16.10. Notwithstanding any language to the contrary contained herein, Tenant may designate portions of the Premises as special security areas, as to which, except in case of emergency where there is reasonably perceived to be imminent danger to person or property, Landlord may enter and/or pass through only when accompanied by a representative of Tenant, provided that Tenant agrees to make such representative available upon one (1) Business Day’s request by Landlord (which request need not be in writing). Landlord shall not be obligated to clean any area that is designated by Tenant as a special security area, unless Tenant requests that Landlord clean such areas and makes access thereto available to Landlord for that purpose at such times as the building cleaners would in the normal course clean such areas.