Common use of Elevators Clause in Contracts

Elevators. Landlord shall make available to Tenant at least one freight elevator serving the 1270 Space, the 50 Rock Space and the storage portion of Retail Space #1 upon Tenant’s prior request, on a non-exclusive “first come, first serve” basis with other tenants of 1270 Avenue of the Americas and/or 50 Rockefeller Plaza, on all Business Days from 8:00 a.m. to 12:00 noon, and from 1:00 p.m. to 5:00 p.m. If Tenant shall require freight elevator service at any other times (“Overtime Periods”), Tenant must deliver notice (which may be delivered via facsimile if Landlord generally permits tenants in the Center to notify Landlord of the need for overtime services using this notice method) to Landlord’s property management office serving 1270 Avenue of the Americas and/or 50 Rockefeller Plaza, requesting such freight elevator service at least 24 hours prior to the time at which such service is to be provided, but Landlord shall use reasonable efforts (without obligation to incur any additional cost) to arrange for freight elevator service during Overtime Periods on such shorter notice as Tenant shall provide. Tenant shall pay to Landlord Landlord’s then established rates for supplying freight elevator service during Overtime Periods which shall be the rate charged generally to tenants at 1270 Avenue of the Americas and/or 50 Rockefeller Plaza. In the event that Tenant desires to provide an entrance to the Club (as defined in Article 40) through the lobby at 1270 Avenue of the Americas, Landlord and Tenant shall cooperate with one another to reach agreement on satisfactory arrangements which address to Landlord’s reasonable satisfaction Landlord’s security and operational concerns regarding such usage by Tenant; provided that Landlord prohibiting any such usage during Business Hours shall conclusively be deemed to be reasonable and provided further that all expenses in connection with such usage of the lobby at 1270 Avenue of the Americas shall be borne by Tenant. Landlord shall be under no obligation to provide passenger elevator service to any Ancillary Space except to the extent Landlord may agree to do so with respect to the 1270 Space in connection with the usage of the lobby at 1270 Avenue of the Americas as an entrance to the Club as above provided.

Elevators. (a) Landlord shall make available provide passenger elevator service (consisting of not less than three (3) passenger elevators) to Tenant at least one freight elevator serving the 1270 Space, the 50 Rock Space and the storage portion of Retail Space #1 upon Tenant’s prior request, Premises on a non-exclusive “first come, first serve” basis with other tenants of 1270 Avenue of the Americas and/or 50 Rockefeller Plaza, on all Business Days from 8:00 a.m. to 12:00 noon, 8:00 p.m. and from 1:00 p.m. to 5:00 p.m. If Tenant shall require freight elevator service at any other times facilities on a non-exclusive basis, on Business Days from 8:00 a.m. to 4:45 p.m. (“Overtime PeriodsFreight Business Hours”), and shall have one passenger elevator available at all other times, so that Tenant must deliver notice (which shall have access to the Premises 24 hours a day, 365 days a year. Such elevator service shall be subject to such rules and regulations as Landlord may be delivered via facsimile if promulgate from time to time with respect thereto. Landlord generally permits tenants shall have the right to change the operation or manner of operation of any of the elevators in the Center Building, to notify Landlord temporarily discontinue the use of any one or more cars in any of the need for overtime services using this notice method) passenger, freight or truck elevator banks, and/or to Landlord’s property management office serving 1270 Avenue permanently or temporarily discontinue the use of any one or more cars in any of the Americas and/or 50 Rockefeller Plazafreight or truck elevator banks, requesting such provided that Tenant shall continue to be provided with adequate freight elevator service at least service, taking into account Tenant’s use of the Premises for the Permitted Uses. Tenant shall have the right to close off the elevator doors to the truck elevator located in the Premises so as to prevent access to the Premises through such doors, provided that Tenant shall not thereby interfere in any material respect with the functioning of the truck elevator itself. (b) Tenant shall have the right, in common with others, to use the Building freight elevators during Freight Business Hours on a first-come, first-served basis, including use in connection with the construction of the Initial Alterations and for moving into the Premises. Landlord will make the freight elevator available to Tenant during other than Freight Business Hours, on not less than 24 hours prior request by Tenant (subject to reasonable Building requirements and any prior reservations made by other tenants and occupants of the time at which such service is to be providedBuilding), but Landlord and Tenant shall use reasonable efforts pay Landlord’s then-current hourly charge therefor as Additional Rent within thirty (without obligation to incur any additional cost30) to arrange days after demand. As of the date hereof, Landlord’ s current charge for freight elevator service during Overtime Periods on such shorter notice as Tenant shall provide. Tenant shall pay other than Freight Business Hours is $100 per hour, subject to Landlord increase to reflect increases in Landlord’s then established rates costs of providing such service (including the charges for supplying a hoisting engineer, if required). Landlord shall provide Tenant with up to fifty (50) hours of overtime freight elevator service during Overtime Periods which shall be for the rate charged generally to tenants Initial Alterations and Tenant’s move into the Premises, at 1270 Avenue of the Americas and/or 50 Rockefeller Plaza. In the event that Tenant desires to provide an entrance to the Club (as defined in Article 40) through the lobby at 1270 Avenue of the Americas, Landlord and Tenant shall cooperate with one another to reach agreement on satisfactory arrangements which address to Landlord’s reasonable satisfaction Landlord’s security expense and operational concerns regarding such usage by without charge to Tenant; provided that Landlord prohibiting any such usage during Business Hours shall conclusively be deemed to be reasonable and provided further that all expenses in connection with such usage of the lobby at 1270 Avenue of the Americas shall be borne by Tenant. Landlord shall be under no obligation to provide passenger elevator service to any Ancillary Space except to the extent Landlord may agree to do so with respect to the 1270 Space in connection with the usage of the lobby at 1270 Avenue of the Americas as an entrance to the Club as above provided.

Elevators. Landlord Landlord, at its expense, shall make available provide passenger elevator service to Tenant the Premises at all times, and at least one freight elevator serving the 1270 Space, the 50 Rock Space and the storage portion of Retail Space #1 Premises available upon Tenant’s prior request, on a non-exclusive “first come, first serve” basis with other tenants of 1270 Avenue of the Americas and/or 50 Rockefeller PlazaBuilding tenants, on all Business Days from 8:00 a.m. to 12:00 noon, 11:45 a.m. and from 1:00 p.m. to 5:00 4:45 p.m. If Tenant Landlord shall require freight at all times during the Term provide at least 2 passenger elevators serving the Premises from 8:00 a.m. to 6:00 p.m. on Business Days, subject to normal maintenance, repair obligations and Unavoidable Delays. Landlord, upon Tenant’s request and at Tenant’s reasonable expense, shall create openings and install hatch doors and related mechanisms and hardware on the 17th Floor Premises (as hereinafter defined) to permit up to two of the elevator service at any other times (“Overtime Periods”), Tenant must deliver notice (which may be delivered via facsimile if Landlord generally permits tenants cabs in the Center to notify Landlord “high rise” elevator bank of the need for overtime services using this notice methodBuilding (the “Designated Elevator(s)”) to provide service (on a non-exclusive basis) between the floors currently served by such high rise elevator cabs and the 17th floor of the Premises and reprogram such elevator cabs, at Landlord’s property management office serving 1270 Avenue of the Americas and/or 50 Rockefeller Plazaexpense, requesting such freight elevator service at least 24 hours prior to the time at which such service is to be provided, but Landlord shall use reasonable efforts (without obligation to incur any additional cost) to arrange for freight elevator service during Overtime Periods on such shorter notice as Tenant shall provide. Tenant shall pay to Landlord Landlord’s then established rates for supplying freight elevator service during Overtime Periods which shall be the rate charged generally to tenants at 1270 Avenue of the Americas and/or 50 Rockefeller Plaza. In the event that Tenant desires to provide an entrance to the Club (as defined in Article 40) through the lobby at 1270 Avenue of the Americassuch service, Landlord and Tenant shall cooperate with one another to reach agreement on satisfactory arrangements which address to Landlord’s reasonable satisfaction Landlord’s security and operational concerns regarding such usage by Tenant; provided that Landlord prohibiting any such usage during Business Hours shall conclusively be deemed to be reasonable the Named Tenant then leases and the Named Tenant and/or Related Entities thereof then occupy the 17th Floor Premises under the Lease and provided further that all expenses such elevator cabs may continue to provide service to other floors in connection such elevator bank or otherwise. Notwithstanding the foregoing, if Landlord determines, after consultation by Landlord with an independent third party elevator consultant selected by Landlord at Tenant’s reasonable expense, in Landlord’s reasonable judgment, that such usage reprogramming of the lobby at 1270 Avenue Designated Elevator(s) unreasonably interferes with the provision of the Americas shall be borne by Tenant. Landlord shall be under no obligation to provide passenger elevator service to any Ancillary Space other tenants in the Building during “normal business hours”, then such use shall be restricted to “non-peak” hours (for the purposes of this Lease, “non-peak” hours shall mean all hours except for 8:00 a.m. to the extent Landlord may agree 10:00 a.m., 12:00 p.m. to do so with respect 2:00 p.m. and 4:00 p.m. to the 1270 Space in connection with the usage of the lobby at 1270 Avenue of the Americas as an entrance to the Club as above provided6:00 p.m.).

Elevators. Landlord A. Owner, at Owner's expense, shall make furnish passenger elevator facilities as set forth in Section 29.01.C on business days (as defined in Section 31.01) from 7:00 A.M. to 7:00 P.M. and on Saturdays from 7:00 A.M. to 1:00 P.M. and shall have each passenger elevator available as needed at all other times for the same to provide service at the level set forth in the specifications listed in Schedule 2 to Addendum A hereof. Except as hereinafter set forth, Owner, at Owner's expense, shall furnish adequate freight elevator facilities on business days from 7:00 a.m. to 6:00 p.m. subject to such reasonable rules as Owner may adopt for the use of any freight elevator. Owner agrees to provide during the Demised Term from and after the date upon which Owner shall have completed Owner's Initial Construction such facility by designating one (1) of the freight elevators shown on the Basic Building Plans (as defined in Addendum A) (the "Designated Freight Elevator") for the exclusive use of Tenant during the days and hours set forth above for freight elevators, provided, however, that Owner shall have the right to use the Designated Freight Elevator for its own use or the use of other tenants in the Building as and when necessary in Owner's reasonable opinion (for reasons including, without limitation, periods of outage of the other freight elevators) and provided, further, that Owner shall not have such right in the event that such use by Owner will result in an unreasonable diminution of the freight elevator facilities to be provided to Tenant at least one under the provisions of this Section. Tenant 111 acknowledges that Tenant shall not have the exclusive use of any other freight elevator serving in the 1270 SpaceBuilding, provided, however, Tenant shall have the 50 Rock Space and right to use the storage portion of Retail Space #1 upon Tenant’s prior request, Building's other freight elevator on a non-exclusive “first comebasis, first serve” basis together with Owner's own use and the use of other tenants in the Building, (i) prior to the date upon which Owner shall have completed Owner's Initial Construction, (ii) during such periods that Owner shall be using the Designated Freight Elevator for its own use or the use of other tenants in the Building, (iii) during periods when the Designated Freight Elevator is not operational and (iv) at such other times as needed by Tenant, subject to the needs of Owner and the other tenants of 1270 Avenue the Building. At any time or times all or any of the Americas and/or 50 Rockefeller Plazaelevators in the Building may, on all Business Days from 8:00 a.m. to 12:00 noonat Owner's option, be automatic elevators, and from 1:00 p.m. Owner shall not be required to 5:00 p.m. furnish any operator service for automatic elevators. If Tenant shall require freight elevator service Owner shall, at any other times (“Overtime Periods”)time, Tenant must deliver notice (which may be delivered via facsimile if Landlord generally permits tenants in elect to furnish operator service for any automatic elevators, Owner shall have the Center right to notify Landlord of the need for overtime services using this notice method) to Landlord’s property management office serving 1270 Avenue of the Americas and/or 50 Rockefeller Plaza, requesting such freight elevator service at least 24 hours prior to the time at which discontinue furnishing such service is to be provided, but Landlord shall use reasonable efforts (without obligation to incur any additional cost) to arrange for freight elevator service during Overtime Periods on such shorter notice as Tenant shall provide. Tenant shall pay to Landlord Landlord’s then established rates for supplying freight elevator service during Overtime Periods which shall be the rate charged generally to tenants at 1270 Avenue of the Americas and/or 50 Rockefeller Plaza. In the event that Tenant desires to provide an entrance to the Club (as defined in Article 40) through the lobby at 1270 Avenue of the Americas, Landlord and Tenant shall cooperate with one another to reach agreement on satisfactory arrangements which address to Landlord’s reasonable satisfaction Landlord’s security and operational concerns regarding such usage by Tenant; provided that Landlord prohibiting any such usage during Business Hours shall conclusively be deemed to be reasonable and provided further that all expenses in connection with such usage of the lobby at 1270 Avenue of the Americas shall be borne by Tenant. Landlord shall be under no obligation to provide passenger elevator service to any Ancillary Space except to the extent Landlord may agree to do so with respect to the 1270 Space in connection with the usage of the lobby at 1270 Avenue of the Americas same effect as an entrance if Owner had never elected to the Club as above providedfurnish such service.

Elevators. (a) Landlord shall make available provide passenger elevator service to Tenant at least one freight elevator serving the 1270 Space, the 50 Rock Space and the storage portion of Retail Space #1 upon Tenant’s prior request, Premises on a non-exclusive “first come, first serve” basis with other tenants of 1270 Avenue of the Americas and/or 50 Rockefeller Plaza, on all Business Days from 8:00 a.m. to 12:00 noon, 8:00 p.m. and from 1:00 p.m. to 5:00 p.m. If Tenant shall require freight elevator service at any other times facilities on a non-exclusive basis, on Business Days from 8:00 a.m. to 4:45 p.m. (“Overtime PeriodsFreight Business Hours”), and shall have one passenger elevator available at all other times, so that Tenant must deliver notice (which shall have access to the Premises 24 hours a day, 365 days a year. Such elevator service shall be subject to such rules and regulations as Landlord may be delivered via facsimile if promulgate from time to time with respect thereto. Landlord generally permits tenants shall have the right to change the operation or manner of operation of any of the elevators in the Center Building, to notify Landlord permanently or temporarily discontinue the use of any one or more cars in any of the need for overtime services using this notice method) passenger, freight or truck elevator banks, provided that Tenant shall continue to Landlordbe provided with adequate freight elevator service, taking into account Tenant’s property management office serving 1270 Avenue use of the Americas and/or 50 Rockefeller PlazaPremises for the Permitted Uses, requesting and provided further that subject to Section 10.6, Article 24 and the other applicable provisions of this Lease, there shall be no fewer than three (3) passenger elevators serving the Premises on Business Days from 8:00 a.m. to 8:00 p.m. Tenant shall have the right to close off the elevator doors to the truck elevator located in the Premises so as to prevent access to the Premises through such doors, provided that Tenant shall not thereby interfere in any material respect with the functioning of the truck elevator itself. (b) Tenant shall have the right, in common with others, to use the Building freight elevators during Freight Business Hours on a first-come, first-served basis, including use in connection with the construction of the Initial Alterations and for moving into the Premises. Landlord will make the freight elevator service at least available to Tenant during other than Freight Business Hours, on not less than 24 hours prior request by Tenant (subject to reasonable Building requirements and any prior reservations made by other tenants and occupants of the time at which such service is to be providedBuilding), but Landlord and Tenant shall use reasonable efforts pay Landlord’s then-current hourly charge therefor as Additional Rent within thirty (without obligation to incur any additional cost30) to arrange days after demand. As of the date hereof, Landlord’ s current charge for freight elevator service during Overtime Periods on other than Freight Business Hours is $170 per hour, subject to increase to reflect increases in Landlord’s costs of providing such shorter notice service (including the charges for a hoisting engineer, if required). Landlord shall provide Tenant with up to twenty (20) hours of overtime freight elevator service for the Initial Alterations and Tenant’s move into the Premises, at Landlord’s expense and without charge to Tenant. (c) Tenant acknowledges that (i) in addition to the Building freight elevators, there are so-called truck elevators within the Building, (ii) Landlord has no obligation to operate said truck elevators at any time, and (iii) if and when Landlord operates said truck elevators, the use of one (1) or more of same may be dedicated to the exclusive use of another tenant or occupant of the Building. Landlord agrees that during such times as Landlord is operating one (1) or more of said truck elevators, Tenant shall provide. have the right, in common with others, to use those truck elevators that Landlord is so operating and are not dedicated to the exclusive use of another tenant or occupant of the Building, on a first-come, first-served basis, on not less than 24 hours prior request by Tenant (subject to reasonable Building requirements and any prior reservations made by other tenants and occupants of the Building), and Tenant shall pay to Landlord Landlord’s then established rates for supplying freight elevator service during Overtime Periods which shall be the rate charged generally to tenants at 1270 Avenue of the Americas and/or 50 Rockefeller Plaza. In the event that Tenant desires to provide an entrance to the Club then-current hourly charge therefor as Additional Rent within thirty (as defined in Article 4030) through the lobby at 1270 Avenue of the Americas, Landlord and Tenant shall cooperate with one another to reach agreement on satisfactory arrangements which address to Landlord’s reasonable satisfaction Landlord’s security and operational concerns regarding such usage by Tenant; provided that Landlord prohibiting any such usage during Business Hours shall conclusively be deemed to be reasonable and provided further that all expenses in connection with such usage of the lobby at 1270 Avenue of the Americas shall be borne by Tenant. Landlord shall be under no obligation to provide passenger elevator service to any Ancillary Space except to the extent Landlord may agree to do so with respect to the 1270 Space in connection with the usage of the lobby at 1270 Avenue of the Americas as an entrance to the Club as above provideddays after demand.

Elevators. (a) Landlord shall make available provide passenger elevator service to Tenant the Premises at least one all times during the Term, and following completion of the freight elevator serving component of the 1270 SpaceBase Building Upgrades (as defined in Section 15.4), the 50 Rock Space and the storage portion of Retail Space #1 upon Tenant’s prior request, freight elevator facilities on a non-exclusive “first come, first serve” basis with other tenants of 1270 Avenue of the Americas and/or 50 Rockefeller Plazabasis, on all Business Days from 8:00 a.m. A.M. to 12:00 noonP.M. and 1:00 P.M. to 4:45 P.M. Such elevator service shall be subject to such reasonable rules and regulations as Landlord may promulgate from time to time with respect thereto. Subject to the foregoing, Landlord shall have the right to change the operation or manner of operation of any of the elevators in the Building and/or to discontinue, temporarily or permanently, the use of any one or more cars in any of the passenger or freight elevator banks. (b) Landlord has installed an exterior construction hoist at the Real Property (the "Hoist") to facilitate the performance of the Base Building Upgrades, the Initial Alterations, and from 1:00 p.m. to 5:00 p.m. If other work performed at the Real Property by other tenants. Tenant shall require be entitled to use the Hoist, in common with Landlord and other tenants and occupants of the Building, on a "first-come", "first-served" basis. Prior to the date that the freight elevator service at any other times (“Overtime Periods”)described in Exhibit H, Tenant must deliver notice (which may be delivered via facsimile if Landlord generally permits tenants in the Center to notify Landlord of the need for overtime services using this notice method) to Landlord’s property management office serving 1270 Avenue of the Americas and/or 50 Rockefeller PlazaParagraph 1 becomes operational, requesting such freight elevator service at least 24 hours prior to the time at which such service is to be provided, but Landlord shall use reasonable efforts (without obligation to incur any additional cost) to arrange for freight elevator service during Overtime Periods on such shorter notice as Tenant shall provide. Tenant shall pay to Landlord Landlord’s then established rates , for supplying each hour or portion thereof that Tenant uses the Hoist, in arrears on each Payment Date, an amount equal to Landlord's actual, hourly out-of-pocket labor costs on account of the employment of all personnel required for the operation and maintenance of the Hoist. (c) Following the date that the freight elevator service during Overtime Periods which shall be the rate charged generally to tenants at 1270 Avenue of the Americas and/or 50 Rockefeller Plaza. In the event that Tenant desires to provide an entrance to the Club (as defined described in Article 40) through the lobby at 1270 Avenue of the AmericasExhibit H, Paragraph 1 becomes operational, Landlord and Tenant shall cooperate with one another may elect to reach agreement on satisfactory arrangements which address to Landlord’s reasonable satisfaction Landlord’s security and operational concerns regarding such usage by Tenant; remove the Hoist, provided that Landlord prohibiting will notify Tenant prior to doing so. Tenant may elect, by notice to Landlord given within ten (10) days following Landlord's notice, to request Landlord to retain the Hoist for a reasonable additional period to facilitate the performance of the Initial Alterations or any other work Tenant is then performing in the Building. Following the giving of such usage during Business Hours notice, Tenant shall conclusively be deemed entitled to be reasonable exclusive use of the Hoist, and provided further that shall pay to Landlord, in arrears on each Payment Date, all of Landlord's actual, out-of-pocket costs and expenses in connection with such usage of the lobby at 1270 Avenue of the Americas shall be borne Hoist, including equipment rental, labor costs, insurance, maintenance, utilities, permits, all other costs incurred by Tenant. Landlord shall be under no obligation to provide passenger elevator service to any Ancillary Space except to the extent Landlord may agree to do so with respect to the 1270 Space in connection with the usage of the lobby at 1270 Avenue of the Americas as an entrance to the Club as above providedtherewith.