Common use of OCCUPANCY AND USE BY TENANT Clause in Contracts

OCCUPANCY AND USE BY TENANT. (a) Landlord shall have no obligation to provide the Premises with air conditioning, heat, ventilation, water, steam, gas, oil or any other utilities or services except as expressly and specifically set forth in this Lease. Tenant, at Tenant’s sole cost and expense, shall make arrangements directly with the appropriate utility company for the supply of electricity, gas or any other utilities or services to the Premises, and shall install and maintain any meters (if none dedicated to the Premises already exist) at its sole cost and expense to measure consumption thereof, and shall pay all the charges for such consumption directly to the utility provider. Tenant’s obligation to pay for utilities consumed at the Premises shall commence as of the Commencement Date. (b) Tenant shall arrange to restore gas service at the Premises and Landlord shall comply with Tenant’s reasonable requests in connection therewith. Notwithstanding the foregoing, in the event that Tenant is denied gas service at the Premises by ConEdison (‘ConEd”) or any other applicable utility provider solely due to compliance issues arising from New York Local Law 97, then upon presentment of documentary evidence of such rejection to Landlord, Tenant may, in its sole discretion, elect to terminate this Lease, and upon said termination neither party shall have any further rights or obligations hereunder, and this Lease shall be deemed terminated and of no further force and effect. Tenant will endeavor to obtain approval from ConEd within ninety (90) days from the Effective Date hereof, provided, however, a failure to so obtain said approval within said timeframe, shall not serve as a waiver of Tenant’s right to terminate the Lease if Tenant is subsequently denied gas service at the Premises by ConEd in accordance herewith. 26.02 In the event any utility service consumed in the Premises and/or by Tenant for which Tenant is obligated to pay for such consumption are not separately metered or sub metered, then until such time as such services are metered or sub metered, Tenant shall pay Landlord One Hundred and Ten Percent (110%) of the cost of such services, as provided for herein. Except with respect to Txxxxx’s obligation hereunder pertaining to payment of Real Estate Tax Escalations, the phrase “Tenant’s Share” shall refer to Tenant’s obligation to pay 110% of the cost of any services and/or utilities, and Tenant’s Share shall constitute Additional Rent.

OCCUPANCY AND USE BY TENANT. A. Tenant acknowledges that its continued occupancy of the demised premises, and the regular conduct of its business therein, are of utmost importance to the Landlord in the renewal of other leases in the building, in the renting of vacant space in the building, in the providing of electricity, air conditioning, steam and other services to the tenants in the building, and in the maintenance of the character and quality of the tenants in the building. Tenant therefore covenants and agrees that it will occupy the entire demised premises, and will conduct its business therein in the regular and usual manner, throughout the term of this lease. Tenant acknowledges that Landlord is executing this lease in reliance upon these covenants, and that these covenants are a material element of consideration inducing the Landlord to execute this lease. Tenant further agrees that if it vacates the demised premises or fails to so conduct its business therein, at any time during the term of this lease, without the prior written consent of the Landlord, then all rent and additional rent reserved in this lease from the date of such breach to the expiration date of this lease ,hall become immediately due and payable to Landlord. B. The parties recognize and agree that the damage to Landlord resulting from any breach of the covenants in subdivision (aA) hereof will be extremely substantial, will be far greater than the rent payable for the balance of the term of this lease, and will be impossible of accurate measurement The parties therefore agree that in the event of a breach or threatened breach of the said covenants, in addition to all of Landlord's other rights and remedies, at law or in equity or otherwise, Landlord shall have no the right of injunction to preserve Tenant's occupancy and use. The words "become vacant or deserted" as used elsewhere in this lease shall include Tenant's failure to occupy or use as by this Article required C. If Tenant breaches either of the covenants in subdivision (A) above, and this lease shall be terminated because of such default, then, in addition to Landlord's right of reentry, restoration, preparation for and, rerental, and anything elsewhere in this lease to the contrary notwithstanding, Landlord shall retain its right to judgment on and collection of Tenant's aforesaid obligation to provide make a single payment to Landlord of a sum to the Premises with air conditioning, heat, ventilation, water, steam, gas, oil or any other utilities or services except as expressly total of all rent and specifically set forth in this Lease. Tenant, at Tenant’s sole cost and expense, shall make arrangements directly with the appropriate utility company additional rent reserved for the supply of electricity, gas or any other utilities or services to the Premises, and shall install and maintain any meters (if none dedicated to the Premises already exist) at its sole cost and expense to measure consumption thereof, and shall pay all the charges for such consumption directly to the utility provider. Tenant’s obligation to pay for utilities consumed at the Premises shall commence as remainder of the Commencement Date. (b) original term of this lease, subject to future credit or repayment to Tenant shall arrange to restore gas service at the Premises and Landlord shall comply with Tenant’s reasonable requests in connection therewith. Notwithstanding the foregoing, in the event that Tenant is denied gas service at of any rerenting of the Premises premises by ConEdison (‘ConEd”) or any other applicable utility provider solely due to compliance issues arising from New York Local Law 97, then upon presentment of documentary evidence of such rejection to Landlord, after first from rerental income all expenses incurred by Landlord in reducing to judgment or otherwise collecting Tenant may, in its sole discretion, elect to terminate this Leaseaforesaid obligation, and upon said termination neither party in obtaining possession of restoring, preparing for and re-letting the premises. In no event shall Tenant be entitled to a credit or repayment for rerental income which exceeds the sums payable by Tenant hereunder or which covers a period after the original term of this lease. D. Tenant shall not obstruct or permit the obstruction of the light, halls, areas, roof, stairway or entrances to the building, and will not affix, erect or inscribe any signs, projections, awnings, signals or advertisements of any kind to any part of the premises including the inside or outside of the windows or doors thereof and will not paint the outside of the doors thereof or the inside or outside of the windows thereof unless and until the style, size, color, construction and location thereof have been approved in writing by Landlord. Landlord shall have any further rights or obligations hereunder, and this Lease shall be deemed terminated and of no further force and effect. Tenant will endeavor to obtain approval from ConEd within ninety (90) days from the Effective Date hereof, provided, however, a failure to so obtain said approval within said timeframe, shall not serve as a waiver of Tenant’s right to terminate withdraw such approval at any time and to require Tenant to remove any such signs, projections, awnings, signals or advertisements. Landlord also reserves to itself the Lease if Tenant is subsequently denied gas service at sole right to designate the Premises by ConEd in accordance herewith. 26.02 person, firm or corporation which shall do the work of lettering and erecting of any and all signs to be affixed to the premises or the building. In the event any utility service consumed in the Premises and/or that said work is done by Tenant for which through any person, firm or corporation, other than that designated by Landlord, Landlord is hereby given the right to remove said signs without being liable to Tenant is obligated by reason thereof and to pay for such consumption are not separately metered or sub metered, then until such time as such services are metered or sub metered, Tenant shall pay Landlord One Hundred and Ten Percent (110%) of charge the cost of such services, so doing to Tenant as provided for herein. Except with respect to Txxxxx’s obligation hereunder pertaining to payment of Real Estate Tax Escalations, additional rent payable on the phrase “Tenant’s Share” shall refer to Tenant’s obligation to pay 110% first day of the cost next following month, or at Landlord's option, on the first day of any services and/or utilities, and Tenant’s Share shall constitute Additional Rentsubsequent month.

OCCUPANCY AND USE BY TENANT. (a) Landlord shall have no obligation If this Lease is terminated because of Tenant's default hereunder, then, in addition to provide the Premises with air conditioningLandlord's rights of re-entry, heatrestoration, ventilationpreparation for and re-rental, water, steam, gas, oil or any other utilities or services except as expressly and specifically set forth anything elsewhere in this Lease. Tenant, at Tenant’s sole cost and expense, shall make arrangements directly with the appropriate utility company for the supply of electricity, gas or any other utilities or services Lease to the Premisescontrary notwithstanding, all Fixed Annual Rent and shall install and maintain any meters (if none dedicated Additional Rent reserved in this Lease from the date of such breach to the Premises already exist) at its sole cost Expiration Date shall become immediately /:\Cyruli Documents\SLGreen\625 Madison Ave\Fitz & Co\lease dr 07.doc 28 due and expense payable to measure consumption thereof, and shall pay all the charges for such consumption directly to the utility provider. Tenant’s obligation to pay for utilities consumed at the Premises shall commence as of the Commencement Date. (b) Tenant shall arrange to restore gas service at the Premises Landlord and Landlord shall comply with retain its right to judgment on and collection of Tenant’s 's aforesaid obligation to make a single payment to Landlord ofa sum equalto: (i) the amount by which (x) the Fixed Annual Rent and Additional Rent payable under this Lease for the period from the date of such default through the Expiration Date exceeds (y) the then fair and reasonable requests in connection therewith. Notwithstanding rental value ofthe Premises for the foregoingsame period, in which sum shall be discounted to present value by using the event that Tenant is denied gas service at the Premises prime rate of interest charged by ConEdison (‘ConEd”) or any other applicable utility provider solely due to compliance issues arising from JPMorgan Chase Bank, New York, New York Local Law 97, then upon presentment of documentary evidence (or the successor thereto) on the date of such rejection to Landlord, Tenant may, in its sole discretion, elect to terminate this Leasebreach, and upon said termination neither party (ii) all customary expenses incurred by Landlord in reducing to judgment or otherwise collecting Tenant's aforesaid obligation and in obtaining possession of, restoring, preparing for and re-letting the Premises. In no event shall have any further rights Tenant be entitled to a credit or obligations hereunder, and this Lease shall be deemed terminated and of no further force and effect. Tenant will endeavor to obtain approval from ConEd within ninety (90) days from repayment for re-rental income which exceeds the Effective Date hereof, provided, however, a failure to so obtain said approval within said timeframe, shall not serve as a waiver of Tenant’s right to terminate the Lease if Tenant is subsequently denied gas service at the Premises by ConEd in accordance herewith. 26.02 In the event any utility service consumed in the Premises and/or sums payable by Tenant for hereunder or which Tenant is obligated to pay for such consumption are not separately metered or sub metered, then until such time as such services are metered or sub metered, Tenant shall pay Landlord One Hundred and Ten Percent (110%) of covers a period after the cost of such services, as provided for herein. Except with respect to Txxxxx’s obligation hereunder pertaining to payment of Real Estate Tax Escalations, the phrase “Tenant’s Share” shall refer to Tenant’s obligation to pay 110% of the cost of any services and/or utilities, and Tenant’s Share shall constitute Additional RentTerm.

OCCUPANCY AND USE BY TENANT. (a) Landlord shall have no obligation 26.01 If this Lease is terminated because of Tenant’s default hereunder, then, in addition to provide the Premises with air conditioningLandlord’s rights of re-entry, heatrestoration, ventilationpreparation for and rerental, water, steam, gas, oil or any other utilities or services except as expressly and specifically set forth anything elsewhere in this Lease. TenantLease to the contrary notwithstanding, all Rent and Additional Rent reserved in this Lease from the date of such breach to the scheduled expiration date of this Lease shall become, at TenantLandlord’s sole cost option, immediately due and expense, shall make arrangements directly with the appropriate utility company for the supply of electricity, gas or any other utilities or services payable to the Premises, and shall install and maintain any meters (if none dedicated to the Premises already exist) at its sole cost and expense to measure consumption thereof, and shall pay all the charges for such consumption directly to the utility provider. Tenant’s obligation to pay for utilities consumed at the Premises shall commence as of the Commencement Date. (b) Tenant shall arrange to restore gas service at the Premises Landlord and Landlord shall comply with retain its right to judgment on and collection of Tenant’s aforesaid obligation to make a single payment to 26 Landlord of a sum equal to the amount by which the Rent for the period which otherwise would have constituted the unexpired portion of the Term exceeds the then fair and reasonable requests in connection therewithrental value of the Premises for the same period, both discounted to present worth at the Prime Rate less the aggregate amount of any monthly amounts theretofore collected by Landlord pursuant to the provisions of Section 6.01 hereof for the same period. Notwithstanding the foregoing, in the event that of a termination of this Lease by reason of Tenant’s default hereunder, and regardless of whether Landlord exercises the foregoing option described in this Section 26.01, Landlord shall be entitled to recover from Tenant is denied gas service at all expenses incurred by Landlord in obtaining possession of the Premises by ConEdison and/or re-letting the Premises (‘ConEd”) or any other applicable utility provider solely due portion thereof), including legal expenses and fees, brokerage fees, the cost of restoring such space to compliance issues arising from New York Local Law 97, then upon presentment of documentary evidence of such rejection to Landlord, Tenant may, in its sole discretion, elect to terminate the condition required by this Lease, and upon said termination neither party shall have any further rights or obligations hereunder, and this Lease shall be deemed terminated and of no further force and effect. Tenant will endeavor to obtain approval from ConEd within ninety (90) days from the Effective Date hereof, provided, however, a failure to so obtain said approval within said timeframe, shall not serve as a waiver of Tenant’s right to terminate the Lease if Tenant is subsequently denied gas service at the Premises by ConEd in accordance herewith. 26.02 In the event any utility service consumed in the Premises and/or by Tenant for which Tenant is obligated to pay for such consumption are not separately metered or sub metered, then until such time as such services are metered or sub metered, Tenant shall pay Landlord One Hundred and Ten Percent (110%) of the cost of all alterations and decoration reasonably deemed necessary by Landlord to effect such services, as provided re-letting and to obtain a fair and reasonable rental value in connection therewith. In no event shall Tenant be entitled to a credit or repayment for herein. Except with respect to Txxxxx’s obligation rerental income which exceeds the sums payable by Tenant hereunder pertaining to payment of Real Estate Tax Escalations, or which covers a period after the phrase “Tenant’s Share” shall refer to Tenant’s obligation to pay 110% of the cost of any services and/or utilities, and Tenant’s Share shall constitute Additional Rentoriginal Term.

OCCUPANCY AND USE BY TENANT. (a) Tenant acknowledges that its continued occupancy of the demised premises, and the regular conduct of its business therein, are of utmost importance to the Landlord shall have no obligation to provide in the Premises with renewal of other leases in the building, in the renting of vacant space in the building, in the providing of electricity, air conditioning, heatsteam and other services to the tenants in the building, ventilationand in the maintenance of the character and quality of the tenants in the building. Tenant therefore covenants and agrees that it will occupy the entire demised premises, waterand will conduct its business therein in the regular and usual manner, steam, gas, oil or any other utilities or services except as expressly and specifically set forth in throughout the term of this Lease. TenantTenant acknowledges that Landlord is executing this Lease in reliance upon these covenants and that these covenants are a material element of consideration inducing the Landlord to execute this Lease. Tenant further agrees that if it vacates the demised premises or fails to so conduct its business therein, at Tenant’s sole cost any time during the term of this Lease, without the prior written consent of the Landlord, then all rent and expense, shall make arrangements directly with additional rent reserved in this Lease from the appropriate utility company for the supply date of electricity, gas or any other utilities or services such breach to the Premises, expiration date of this Lease shall become immediately due and shall install and maintain any meters (if none dedicated payable to the Premises already exist) at its sole cost and expense to measure consumption thereof, and shall pay all the charges for such consumption directly to the utility provider. Tenant’s obligation to pay for utilities consumed at the Premises shall commence as of the Commencement DateLandlord. (b) Tenant shall arrange The parties recognize and agree that the damage to restore gas service at Landlord resulting from any breach of the Premises and Landlord shall comply with Tenant’s reasonable requests covenants in connection therewith. Notwithstanding subdivision (a) hereof will be extremely substantial, will be far greater than the foregoing, in rent payable for the event that Tenant is denied gas service at balance of the Premises by ConEdison (‘ConEd”) or any other applicable utility provider solely due to compliance issues arising from New York Local Law 97, then upon presentment term of documentary evidence of such rejection to Landlord, Tenant may, in its sole discretion, elect to terminate this Lease, and upon will be impossible of accurate measurement. The parties, therefore, agree that in the event of a breach or threatened breach of the said termination neither party covenants, in addition to all of Landlord's other rights and remedies, at law or in equity or otherwise, Landlord shall have any further rights the right of injunction to preserve Tenant's occupancy and use. The words "become vacant or obligations hereunderdeserted" as used elsewhere in this Lease shall include Tenant's failure to occupy or use as by this Article required. (c) If Tenant breaches either of the covenants in subdivision (a) above, and this Lease be terminated because of such default, then, in addition to Landlord's rights of re-entry, restoration, preparation for and rerental, and anything elsewhere in this Lease to the contrary notwithstanding, Landlord shall be deemed terminated retain its right to judgment on and of no further force and effect. Tenant will endeavor to obtain approval from ConEd within ninety (90) days from the Effective Date hereof, provided, however, a failure to so obtain said approval within said timeframe, shall not serve as a waiver collection of Tenant’s right 's aforesaid obligation to terminate make a single payment to Landlord of a sum equal to the Lease if total of all rent and additional rent reserved for the remainder of the original term of this Lease, subject to future credit or repayment to Tenant is subsequently denied gas service at the Premises by ConEd in accordance herewith. 26.02 In the event of any utility service consumed rerenting of the premises by Landlord, after first deducting from rerental income all expenses incurred by Landlord in reducing to judgment or otherwise collecting Tenant's aforesaid obligation, and in obtaining possession of, restoring, preparing for and re-letting the Premises and/or premises. In no event shall tenant be entitled to a credit or repayment for rerental income which exceeds the sums payable by Tenant for hereunder or which Tenant is obligated to pay for such consumption are not separately metered or sub metered, then until such time as such services are metered or sub metered, Tenant shall pay Landlord One Hundred and Ten Percent (110%) covers a period after the original term of the cost of such services, as provided for herein. Except with respect to Txxxxx’s obligation hereunder pertaining to payment of Real Estate Tax Escalations, the phrase “Tenant’s Share” shall refer to Tenant’s obligation to pay 110% of the cost of any services and/or utilities, and Tenant’s Share shall constitute Additional Rentthis Lease.

OCCUPANCY AND USE BY TENANT. (a) A. Tenant acknowledges that its continued occupancy of the demised premises, and the regular conduct of its business therein, are of utmost importance to the Landlord in the renewal of other leases in the building, in the renting of vacant space in the building, in the providing of electricity, air conditioning, steam and other services to the tenants in the building, and in the maintenance of the character and quality of the tenants in the building. Tenant therefore covenants and agrees that it will occupy the entire demised premises, and will conduct its business therein in the regular and usual manner, throughout the term of this lease. Tenant acknowledges that Landlord is executing this lease in reliance upon these covenants, and that these covenants are a material element of consideration inducing the Landlord to execute this lease. Tenant further agrees that if it vacates the demised premises or fails to so conduct its business therein, at any time during the term of this lease, without the prior written consent of the Landlord, then all rent and additional rent reserved in this lease from the date of such breach to the expiration date of this lease shall become immediately due and payable to Landlord. B. The parties recognize and agree that the damage to Landlord resulting from any breach of the covenants in paragraph A hereof will be extremely substantial, will be far greater than the rent payable for the balance of the term of this lease, and will be impossible of accurate measurement. The parties therefore agree that in the event of a breach or threatened breach of the said covenants, in addition to all of Landlord's other rights and remedies, at law or in equity or otherwise, Landlord shall have no the right of injunction to preserve Tenant's occupancy and use. The words "become vacant or deserted" as used elsewhere in this lease shall include Tenant's failure to occupy or use as by this Article required. C. If Tenant breaches either of the covenants in paragraph A above, and this lease shall be terminated because of such default, then, in addition to Landlord's right of reentry, restoration, preparation for and rerental, and anything elsewhere in this lease to the contrary notwithstanding, Landlord shall retain its right to judgement on and collection of Tenant's aforesaid obligation to provide make a single payment to Landlord of a sum equal to the Premises with air conditioning, heat, ventilation, water, steam, gas, oil or any other utilities or services except as expressly total of all rent and specifically set forth in this Lease. Tenant, at Tenant’s sole cost and expense, shall make arrangements directly with the appropriate utility company additional rent reserved for the supply of electricity, gas or any other utilities or services to the Premises, and shall install and maintain any meters (if none dedicated to the Premises already exist) at its sole cost and expense to measure consumption thereof, and shall pay all the charges for such consumption directly to the utility provider. Tenant’s obligation to pay for utilities consumed at the Premises shall commence as remainder of the Commencement Date. (b) original term of this lease, subject to future credit or repayment to Tenant shall arrange to restore gas service at the Premises and Landlord shall comply with Tenant’s reasonable requests in connection therewith. Notwithstanding the foregoing, in the event that Tenant is denied gas service at of any rerenting of the Premises demised premises by ConEdison (‘ConEd”) or any other applicable utility provider solely due to compliance issues arising from New York Local Law 97, then upon presentment of documentary evidence of such rejection to Landlord, Tenant may, after first deducting from rerental income all expenses incurred by Landlord in its sole discretion, elect reducing to terminate this Leasejudgment or otherwise collecting Tenant's aforesaid obligation, and upon said termination neither party in obtaining possession of restoring, preparing for and re-letting the demised premises. In no event shall Tenant be entitled to a credit or repayment for rerental income which exceeds the sums payable by Tenant hereunder or which covers a period after the original term of this lease. D. Tenant shall not obstruct or permit the obstruction of the light, halls, areas, roof, stairway or entrances to the building, and will not affix, erect or inscribe any signs, projections, awnings, signals or advertisements of any kind to any part of the demised premises including the inside or outside of the windows or doors thereof and will not paint the outside of the doors thereof or the inside or outside of the windows thereof unless and until the style, size, color, construction and location thereof have been approved in writing by Landlord. Landlord shall have any further rights or obligations hereunder, and this Lease shall be deemed terminated and of no further force and effect. Tenant will endeavor to obtain approval from ConEd within ninety (90) days from the Effective Date hereof, provided, however, a failure to so obtain said approval within said timeframe, shall not serve as a waiver of Tenant’s right to terminate withdraw such approval at any time and to require Tenant to remove any such signs, projections, awnings, signals or advertisements. Landlord also reserves to itself the Lease if Tenant is subsequently denied gas service at sole right to designate the Premises by ConEd in accordance herewith. 26.02 person, firm or corporation which shall do the work of lettering and erecting of any and all signs to be affixed to the demised premises or the building. In the event any utility service consumed in the Premises and/or that said work is done by Tenant for which through any person, firm or corporation, other than that designated by Landlord, Landlord is hereby given the right to remove said signs without being liable to Tenant is obligated by reason thereof and to pay for such consumption are not separately metered or sub metered, then until such time as such services are metered or sub metered, Tenant shall pay Landlord One Hundred and Ten Percent (110%) of charge the cost of such services, so doing to Tenant as provided for herein. Except with respect to Txxxxx’s obligation hereunder pertaining to payment of Real Estate Tax Escalations, additional rent payable on the phrase “Tenant’s Share” shall refer to Tenant’s obligation to pay 110% first day of the cost next following month, or at Landlord's option, on the first day of any services and/or utilities, and Tenant’s Share shall constitute Additional Rentsubsequent month.