STANDARD FORM OF OFFICE LEASE The Real Estate Board of New York, Inc.
Exhibit 10.30
|
STANDARD
FORM OF OFFICE LEASE
The
Real Estate Board of New York, Inc.
|
AGREEMENT
OF LEASE,
made as
of May 2, 1997 between BROADWAY AND 41ST
ASSOCIATES LIMITED PARTNERSHIP, having an office at c/o ORIX Real Estate
Equities, Inc., 000 Xxxxx Xxxxxx, 00xx
Xxxxx,
Xxx Xxxx, Xxx Xxxx 00000, party of the first part (hereinafter referred to
as
“Landlord” or “Owner”), and XXX XXXXX CORPORATION, a California corporation with
an office at 0000 Xxxxxx Xxxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000, party of
the
second part (hereinafter referred to as “Tenant”).
WITNESSETH:
Landlord
hereby leases to Tenant and Tenant hereby hires from Owner those certain demised
premises as shown as cross hatched on the plan attached hereto as Exhibit “A”
consisting of the entire fourth (4th)
floor
(the “Premises”) which constitutes approximately 14,359 rentable square feet of
the building and improvements (collectively, the “Building”) which are located
on the land (the “Land”) as described on Exhibit “B” attached hereto in the
Borough of Manhattan, City of New York, for the term as more particularly
described in Article 38 (or until such term shall sooner cease and expire as
hereinafter provided) at an annual rental rate as more particularly described
in
Article 39 which Tenant agrees to pay in lawful money of the United States
which
shall be legal tender in payment of all debts and dues, public and private,
at
the time of payment, in equal monthly installments in advance on the first
day
of each month during said term, at the office of Landlord or such other place
as
Landlord may designate, without any set off or deduction whatsoever, except
that
Tenant shall pay the first monthly installment(s) on the execution hereof
(unless this Lease be a renewal).
The
parties hereto, for themselves, their heirs, distributees, executors,
administrators, legal representatives, successors and assigns, hereby covenant
as follows:
1. Rent: Tenant
shall pay the rent as above and as hereinafter provided.
2. Occupancy:
Tenant
shall use and occupy the Premises for executive and general offices and showroom
for Tenant’s apparel-related business, and for no other purpose.
3. Tenant
Alteration:
All
fixtures and all paneling, partitions, railings and like installations,
installed in the premises at any time, either by Tenant or by Owner in Tenant’s
behalf, shall, upon installation, become the property of Owner and shall remain
upon and be surrendered with the demised premises unless Owner, by notice to
Tenant no later than twenty days prior to the date fixed as the termination
of
this lease, elects to relinquish Owner’s right thereto and to have them removed
by Tenant, in which event the same shall be removed from the premises by Tenant
prior to the expiration of the lease, at Tenant’s expense. Nothing in this
Article shall be construed to give Owner title to or to prevent Tenant’s removal
of trade fixtures, moveable office furniture and equipment, but upon removal
of
any such from the premises or upon removal of other installa-tions as may be
required by Owner, Tenant shall immediately and at its expense, repair and
restore the premises to the condition existing prior to installation and repair
any damage to the demised premises or the building due to such removal. All
property permitted or required to be removed, by Tenant at the end of the term
remaining in the premises after Tenant’s removal shall be deemed abandoned and
may, at the election of Owner, either be retained as Owner’s property or may be
removed from the premises by Owner, at Tenant’s expense. See§
61.
4. Maintenance
And Repairs:
Tenant
shall, throughout the term of this lease, take good care of the demised premises
and the fixtures and appurtenances therein. Tenant shall be responsible for
all
damage or injury to the demised premises or any other part of the building
and
the systems and equipment thereof, whether requiring structural or nonstructural
repairs caused by or resulting from carelessness, omission, neglect or improper
conduct of Tenant, Tenant’s subtenants, agents, employees, invitees or
licensees, or which arise out of any work, labor, service or equipment done
for
or supplied to Tenant or any subtenant or arising out of the installation,
use
or operation of the property or equipment of Tenant or any subtenant. Tenant
shall also repair all damage to the building and the demised premises caused
by
the moving of Tenant’s fixtures, furniture and equipment. Tenant shall promptly
make, at Tenant’s expense, all repairs in and to the demised premises for which
Tenant is responsible, using only the contractor for the trade or trades in
question, selected from a list of at least two contractors per trade submitted
by Owner. Any other repairs in or to the building or the facilities and systems
thereof for which Tenant is responsible shall be performed by Owner at the
Tenant’s expense. Owner shall maintain in good working order and repair the
exterior and the structural portions of the building, including the structural
portions of its demised premises, and the public portions of the building
interior and the building plumbing, electrical, heating and ventilating systems
(to the extent such systems presently exist) serving the demised premises.
Tenant agrees to give prompt notice of any defective condition in the premises
for which Owner may be responsible hereunder. There shall be no allowance to
Te-nant for diminution of rental value and no liability on the part of Owner
by
reason of inconvenience, annoyance or injury to business arising from Owner
or
others making repairs, alterations, additions or improvements in or to any
portion of the building or the demised premises or in and to the fixtures,
appurtenances or equipment thereof. It is specifically agreed that Tenant shall
not be entitled to any setoff or reduction of rent by reason of any failure
of
Owner to comply with the covenants of this or any other article of this Lease.
Tenant agrees that Tenant’s sole remedy at law in such instance will be by way
of an action for damages for breach of contract. The provisions of this Article
4 shall not apply in the case of fire or other casualty which are dealt with
in
Article 9 hereof. See§
74(l).
5. [Intentionally
Omitted]
6. Requirements
of Law, Fire Insurance, Floor Loads:
Prior
to the commencement of the lease term, if Tenant is then in possession, and
at
all times thereafter Tenant, at Tenant’s sole cost and expense, shall promptly
comply with all present and future laws, orders and regulations of all state,
federal, municipal and local governments, departments, commissions and boards
and any direction of any public officer pursuant to law, and all orders, rules
and regulations of the New York Board of Fire Underwriters, Insurance Services
Office, or any similar body which shall impose any violation, order or duty
upon
Owner or Tenant with respect to the demised premises, whether or not arising
out
of Tenant’s use or manner of use thereof, (including Tenant’s permitted use) or,
with respect to the building if arising out of Tenant’s use or manner of use of
the premises or the building (including the use permitted under the lease).
Nothing herein shall require Tenant to make structural repairs or structural
alterations unless Tenant has, by its manner of use of the demised premises
or
method of operation therein, violated any such laws, ordinances, orders, rules,
regulations or requirements with respect thereto. Tenant may, after securing
Owner to Owner’s satisfaction against all damages, interest, penalties and
expenses, including, but not limited to, reasonable attorney’s fees, by cash
deposit or by surety bond in an amount and in a company satisfactory to Owner,
contest and appeal any such laws, ordinances, orders, rules, regulations or
requirements pro-vided same is done with all reasonable promptness and provided
such ap-peal shall not subject Owner to prosecution for a criminal offense
or
con-stitute a default under any lease or mortgage under which Owner may be
obligated, or cause the demised premises or any part thereof to be con-demned
or
vacated. Tenant shall not do or permit any act or thing to be done in or to
the
demised premises which is contrary to law, or which will invalidate or be in
conflict with public liability, fire or other policies of in-surance at any
time
carried by or for the benefit of Owner with respect to the demised premises
or
the building of which the demised premises form a part, or which shall or might
subject Owner to any liability or respon-sibility to any person or for property
damage. Tenant shall not keep anything in the demised premises except as now
or
hereafter permitted by the Fire Department, Board of Fire Underwriters, Fire
Insurance Rating Organization or other authority having jurisdiction, and then
only in such manner and such quantity so as not to increase the rate for fire
insurance applicable to the building, nor use the premises in a manner which
will in-crease the insurance rate for the building or any property located
therein over that in effect prior to the commencement of Tenant’s occupancy.
Te-nant shall pay all costs, expenses, fines, penalties, or damages, which
may
be imposed upon Owner by reason of Tenant’s failure to comply with the
provisions of this article and if by reason of such failure the fire insurance
rate shall, at the beginning of this lease or at any time thereafter, be higher
than it otherwise would be, then Tenant shall reimburse Owner, as additional
rent hereunder, for that portion of all fire insurance premiums thereafter
paid
by Owner which shall have been charged because of such failure by Tenant. In
any
action or proceeding wherein Owner and Tenant are parties, a schedule or
“make-up” of rate for the building or demised premises issued by the New York
Fire Insurance Exchange, or other body making fire insurance rates applicable
to
said premises shall be conclusive evidence of the facts therein stated and
of
the several items and charges in the fire insurance rates then applicable to
said premises. Tenant shall not place a load upon any floor of the demised
premises exceeding the floor load per square foot area which it was designed
to
carry and which is allowed by law. Owner reserves the right to prescribe the
weight and position of all safes, business machines and mechanical equipment.
Such installations shall be placed and maintained by Tenant, at Tenant’s
expense, in settings sufficient, in Owner’s judgment, to absorb and prevent
vibration, noise and annoyance.
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7. [Intentionally
Omitted]
8. Property-Loss,
Damage, Reimbursement, Indemnity:
Owner
or its agents shall not be liable for any damage to property of Tenant or of
others entrusted to employees of the building, nor for loss of or damage to
any
property of Tenant by theft or otherwise, nor for any injury or damage to
persons or property resulting from any cause of whatsoever nature, unless caused
by or due to the negligence of Owner, its agents, servants or employees. Owner
or its agents will not be liable for any such damage caused by other tenants
or
persons in, upon or about said building or caused by operations in construction
of any private, public or quasi public work.
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If
at any
time any windows of the demised premises are temporarily clos-ed, darkened
or
bricked up (or permanently closed, darkened or bricked up, if required by law)
for any reason whatsoever including, but not limited to Owner’s own acts, Owner
shall not be liable for any damage Tenant may sustain thereby and Tenant shall
not be entitled to any com-pensation therefor nor abatement or diminution of
rent nor shall the same release Tenant from its obligations hereunder nor
constitute an eviction. Tenant shall indemnify and save harmless Owner against
and from all liabilities, obligations, damages, penalties, claims, costs and
expenses for which Owner shall not be reimbursed by insurance, including
reasonable attorneys fees, paid, suffered or incurred as a result of any breach
by Tenant, Tenant’s agents, contractors, employees, invitees, or licensees, of
any covenant or condition of this lease, or the carelessness, negligence or
improper conduct of the Tenant, Tenant’s agents, contractors, employees,
invitees or licensees. Tenant’s liability under this lease extends to the acts
and omissions of any sub-tenant, and any agent, contractor, employee, invitee
or
licensee of any sub-tenant. In case any action or proceeding is brought against
Owner by reason of any such claim, Tenant, upon written notice from Owner,
will,
at Tenant’s expense, resist or de-fend such action or proceeding by counsel
approved by Owner in writing, such approval not to be unreasonably
withheld.
9. Destruction,
Fire and Other Casualty:
(a) If the demised premises or any part thereof shall be dam-aged by fire
or other casualty, Tenant shall give immediate notice thereof to Owner and
this
lease shall continue in full force and effect except as hereinafter set forth.
(b) If the demised premises are partially damaged or rendered par-tially
unusable by fire or other casualty, the damages thereto shall be repaired by
and
at the expense of Owner and the rent, until such repair shall be substantially
completed, shall be. apportioned from the day following the casualty according
to the part of the premises which is usable. (c) If the demised premises are
totally damaged or rendered whol-ly unusable by fire or other casualty, then
the
rent shall be proportionate-ly paid up to the time of the casualty and
thenceforth shall cease until the date when the premises shall have been
repaired and restored by Owner, subject to Owner’s right to elect not to restore
the same as hereinafter provided. (d) If the demised premises are rendered
wholly unusable or (whether or not the demised premises are damaged in whole
or
in part) if the building shall be so damaged that Owner shall decide to demolish
it or to rebuild it, then, in any of such events, Owner may elect to terminate
this lease by written notice to Tenant, given within 90 days after such fire
or
casualty, specifying a date for the expiration of the lease, which date shall
not be more than 60 days after the giving of such notice, and upon the date
specified in such notice the term of this lease shall expire as fully and
completely as if such date were the date set forth above for the termination
of
this lease and Tenant shall forthwith quit, surrender and vacate the premises
without prejudice however, to Landlord’s rights and remedies against Tenant
under the lease provisions in effect prior to such termination, and any rent
owing shall be paid up to such date and any payments of rent made by Tenant
which were on account of any period subsequent to such date shall be returned
to
Tenant.
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Unless
Owner shall serve a termination notice as provided for herein, Owner shall
make
the repairs and restorations under the conditions of (b) and (c) hereof, with
all reasonable expedition, subject to delays due to adjustment of in-surance
claims, labor troubles and causes beyond Owner’s control. After any such
casualty, Tenant shall cooperate with Owner’s restoration by removing from the
premises as promptly as reasonably possible, all of Tenant’s salvageable
inventory and movable equipment, furniture, and other property. Tenant’s
liability for rent shall resume five (5) days after written notice from Owner
that the premises are substantially ready for Tenant’s occupancy. (e) Nothing
contained hereinabove shall relieve Ten-ant from liability that may exist as
a
result of damage from fire or other casualty. Notwithstanding the foregoing,
each party shall look first to any insurance in its favor before making any
claim against the other party for recovery for loss or damage resulting from
fire or other casualty, and to the extent that such insurance is in force and
collectible and to the extent permitted by law, Owner and Tenant each hereby
releases and waives all right of recovery against the other or any one claiming
through or under each of them by way of subrogation or otherwise. The foregoing
release and waiver shall be in force only if both releasors’ insurance policies
con-tain a clause providing that such a release or waiver shall not invalidate
the insurance. If, and to the extent, that such waiver can be obtained only
by
the payment of additional premiums, then the party benefiting from the waiver
shall pay such premium within ten days after written demand or shall be deemed
to have agreed that the party obtaining insurance coverage shall be free of
any
further obligation under the provisions hereof with respect to waiver of
subrogation. Tenant acknowledges that Owner will not carry insurance on Tenant’s
furniture and/or furnishings or any fixtures or equipment, improvements, or
appurtenances removable by Tenant and agrees that Owner will not be obligated
to
repair any damage thereto or replace the same. (f) Tenant hereby waives the
provisions of Section 227 of the Real Property Law and agrees that the
provisions of this article shall govern and control in lieu
thereof.
10. Eminent
Domain:
If the
whole or any part of the demised premises shall be acquired or condemned by
Eminent Domain for any public or quasi public use or purpose, then and in that
event, the term of this lease shall cease and terminate from the date of title
vesting in such proceeding and Tenant shall have no claim for the value of
any
unexpired term of said lease and assigns to Owner, Tenant’s entire interest in
any such award.
11. [Intentionally
Omitted]
12. Electric
Current:
Rates
and conditions in respect to submetering or rent inclusion, as the case may
be,
to be added in RIDER attached hereto. Tenant covenants and agrees that at all
times its use of electric current shall not ex-ceed the capacity of existing
feeders to the building or the risers or wiring installation and Tenant may
not
use any electrical equipment which, in Owner’s opinion, reasonably exercised,
will overload such installations or interfere with the use thereof by other
tenants of the building. The change at any time of the character of electric
service shall in no wise make Owner liable or responsible to Tenant, for any
loss, damages or expenses which Tenant may sustain.
13. Access
to Premises:
Owner
or Owner’s agents shall have the right (but shall not be obligated) to enter the
demised premises in any emergency at any time, and, at other reasonable times,
to examine the same and to make such repairs, replacements and improvements
as
Owner may deem necessary and reasonably desirable to the demised premises or
to
any other portion of the building or which Owner may elect to perform. Tenant
shall permit Owner to use and main-tain and replace pipes and conduits in and
through the demised premises and to erect new pipes and conduits therein
provided they are concealed within the walls, floor, or ceiling. Owner may,
during the progress of any work in the demised premises, take all necessary
materials and equipment into said premises without the same constituting an
eviction nor shall the Tenant be entitled to any abatement of rent while such
work is in progress nor to any damages by reason of loss or interruption of
business or other-wise. Throughout the term hereof Owner shall have the right
to
enter the demised premises at reasonable hours for the purpose of showing the
same to prospective purchasers or mortgagees of the building, and during the
last six months of the term for the purpose of showing the same to prospective
tenants. If Tenant is not present to open and permit an entry into the premises,
Owner or Owner’s agents may enter the same whenever such entry may be necessary
or permissible by master key or forcibly and provided reasonable care is
exercised to safeguard Tenant’s property, such entry shall not render Owner or
its agents liable therefor, nor in any event shall the obligations of Tenant
hereunder be affected. If during the last month of the term Tenant shall have
removed all or substantially all of Tenant’s property therefrom Owner may
immediately enter, alter, renovate or redecorate the demised premises without
limitation or xxxxx-ment of rent, or incurring liability to Tenant for any
compensation and such act shall have no effect on this lease or Tenant’s
obligations hereunder. See§74(l)(iii).
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14. Vault,
Vault Space, Area:
No
Vaults, vault space or area, whether or not en-closed or covered, not within
the
property line of the building is leased hereunder, anything contained in or
indicated on any sketch, blue print or plan, or anything contained elsewhere
in
this lease to the contrary notwithstanding. Owner makes no representation as
to
the location of the property line of the building. All vaults and vault space
and all such areas not within the pro-perty line of the building, which Tenant
may be permitted to use and/or occupy, is to be used and/or occupied under
a
revocable license, and if any such license be revoked, or if the amount of
such
space or area be diminished or required by any federal, state or municipal
authority or public utility, Owner shall not be subject to any liability nor
shall Tenant be entitled to any compensation or diminution or abatement of
rent,
nor shall such revocation, diminution or requisition be deemed constructive
or
actual eviction. Any tax, fee or charge of municipal authorities for such vault
or area shall be paid by Tenant.
15. Occupancy:
Tenant
will not at any time use or occupy the demised premises in violation of the
certificate of occu-pancy issued for the building of which the demised premises
are a part. Tenant has inspected the premises and accepts them as is, subject
to
the riders annexed hereto with respect to Owner’s work, if any. In any event,
Owner makes no representation as to the condition of the premises and Tenant
agrees to accept the same subject to violations, whether or not of
record.
16. Bankruptcy:
(a)
Anything
elsewhere in this lease to the contrary notwithstanding, this lease may be
cancelled by Owner by the sending of a written notice to Tenant within a
reasonable time after the happening of any one or more of the following events:
(1) the commencement of a case in bankruptcy or under the laws of any state
naming Tenant as the debtor; or (2) the making by Tenant of an assign-ment
or any other arrangement for the benefit of creditors under any state statute.
Neither Tenant nor any person claiming through or under Tenant, or by reason
of
any statute or order of court, shall thereafter be entitled to possession of
the
premises demised but shall forthwith quit and surrender the premises. If this
lease shall be assigned in accordance with its terms, the provisions of this
Article 16 shall be applicable only to the party then owning Tenant’s interest
in this lease.
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(b) it
is
stipulated and agreed that in the event of the termination of this lease
pursuant to (a) hereof, Owner shall forth-with, notwithstanding any other
provisions of this lease to the contrary, be entitled to recover from Tenant
as
and for liquidated damages an amount equal to the difference between the rent
reserved hereunder for the unexpired portion of the term demised and the fair
and reasonable rental value of the demised premises for the same period. In
the
computa-tion of such damages the difference between any installment of rent
becoming due hereunder after the date of termination and the fair and reasonable
rental value of the demised premises for the period for which such installment
was payable shall be discounted to the date of termina-tion at the rate of
four
percent (4%) per annum. If such premises or any part thereof be relet by the
Owner for the unexpired term of said lease, or any part thereof, before
presentation of proof of such liquidated damages to any court, commission or
tribunal, the amount of rent reserved upon such reletting shall be deemed to
be
the fair and reasonable rental value for the part or the whole of the premises
so re-let during the term of the re-letting. Nothing herein contained shall
limit or prejudice the right of the Owner to prove for and obtain as liquidated
damages by reason of such termination, an amount equal to the maximum allowed
by
any statute or rule of law in effect at the time when, and governing the
pro-ceedings in which, such damages are to be proved, whether or not such amount
be greater, equal to, or less than the amount of the difference referred to
above. See§
74(l)(iv).
17. Default:
(1) If
Tenant defaults in fulfilling any of the covenants of this lease other than
the
covenants for the payment of rent or additional rent; or if the demised premises
become vacant or deserted; or if any execution or attachment shall be issued
against Tenant or any of Tenant’s property whereupon the demised premises shall
be taken or occupied by someone other than Tenant; or if this lease be rejected
under § 235 of Title 11 of the U.S. Code (bankruptcy code); or if Tenant
shall fail to move into or take possession of the premises within fifteen (15)
days after the commencement of the term of this lease, then, in any one or
more
of such events, upon Owner serving a written five (5) days notice upon Tenant
specifying the nature of said default and upon the expiration of said five
(5)
days, if Tenant shall have failed to comply with or remedy such default, or
if
the said default or omission complained of shall be of a nature that the same
cannot be completely cured or remedied within said five (5) day period, and
if
Tenant shall not have diligently commenced curing such default within such
five
(5) day period, and shall not thereafter with reasonable diligence and in good
faith, proceed to remedy or cure such default, then Owner may serve a written
three (3) days’ notice of cancellation of this lease upon Tenant, and upon the
expiration of said three (3) days this lease and the term thereunder shall
end
and expire as fully and completely as if the expiration of such three (3) day
period were the day herein definitely fixed for the end and expiration of this
lease and the term thereof and Tenant shall then quit and surrender the demised
premises to Owner but Tenant shall remain liable as hereinafter
provided.
(2) If
the
notice provided for in (1) hereof shall have been given, and the term shall
expire as aforesaid; or if Tenant shall make default in the payment of the
rent
reserved herein or any item of additional rent herein mentioned or any part
of
either or in making any other payment herein required; then and in any of such
events Owner may without notice, re-enter the demised premises either by force
or otherwise, and dispossess Tenant by summary proceedings or otherwise, and
the
legal representative of Tenant or other occupant of demised premises and remove
their effects and hold the premises as if this lease had not been made, and
Tenant hereby waives the service of notice of intention to re-enter or to
institute legal proceedings to that end. If Tenant shall make default hereunder
prior to the date fixed as the commencement of any renewal or extension of
this
lease, Owner may cancel and terminate such renewal or extension agreement by
written notice.
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18. Remedies
of Owner and Waiver of Redemption:
In case
of any such default, re-entry, expiration and/ or dispossess by summary
proceedings or otherwise, (a) the rent shall become due thereupon and be
paid up to the time of such re-entry, dispossess and/or expiration,
(b) Owner may re-let the premises or any part or parts thereof, either in
the name of Owner or otherwise, for a term or terms, which may at Owner’s option
be less than or exceed the period which would otherwise have constituted the
balance of the term of this lease and may grant concessions or free rent or
charge a higher rental than that in this lease, and/or (c) Tenant or the
legal representatives of Tenant shall also pay Owner as liquidated damages
for
the failure of Tenant to observe and perform said Tenant’s covenants herein
contained, any deficiency between the rent hereby reserved and/or covenanted
to
be paid and the net amount, if any, of the rents collected on account of the
lease or leases of the demised premises for each month of the period which
would
otherwise have constituted the balance of the term of this lease. The failure
of
Owner to re-let the premises or any part or parts thereof shall not release
or
affect Tenant’s liability for damages. In computing such liquidated damages
there shall be added to the said deficiency such expenses as Owner may incur
in
connection with re-letting, such as legal expenses, attorneys’ fees, brokerage,
advertising and for keeping the demised premises in good order or for preparing
the same for re-letting. Any such liquidated damages shall be paid in monthly
installments by Tenant on the rent day specified in this lease and any suit
brought to collect the amount of the deficiency for any month shall not
prejudice in any way the rights of Owner to collect the deficiency for any
subsequent month by a similar proceeding. Owner, in putting the demised premises
in good order or preparing the same for re-rental may, at Owner’s option, make
such alterations, repairs, replacements, and/or decorations in the demised
premises as Owner, in Owner’s sole judgment, considers advisable and necessary
for the purpose of re-letting the demised premises, and the making of such
alterations, repairs, replacements, and/or decorations shall not operate or
be
construed to release Tenant from liability hereunder as aforesaid. Owner shall
in no event be liable in any way whatsoever for failure to re-let the demised
premises, or in the event that the demised premises are re-let, for failure
to
collect the rent thereof under such re-letting, and in no event shall Tenant
be
entitled to receive any excess, if any, of such net rents collected over the
sums payable by Tenant to Owner hereunder. In the event of a breach or
threatened breach by Tenant of any of the covenants or provisions hereof, Owner
shall have the right of injunction and the right to invoke any remedy allowed
at
law or in equity as if re-entry, summary pro-ceedings and other remedies were
not herein provided for. Mention in this lease of any particular remedy, shall
not preclude Owner from any other remedy, in law or in equity. Tenant hereby
expressly waives any and all rights of redemption granted by or under any
present or future laws in the event of Tenant being evicted or dispossessed
for
any cause, or in the event of Owner obtaining possession of demised premises,
by
reason of the violation by Tenant of any of the covenants and conditions of
this
lease, or otherwise.
19. Fees
and Expenses:
If
Tenant shall default in the observance or performance of any term or covenant
on
Tenant’s part to be observed or performed under or by virtue of any of the terms
or provisions in any article of this lease, then, unless otherwise provided
elsewhere in this lease, Owner may at any time thereafter after written notice
perform the obligation of Tenant thereunder. If Owner, in connection with the
foregoing or in connection with any default by Tenant in the covenant to pay
rent hereunder, makes any expenditures or incurs any obligations for the payment
of money, including but not limited to reasonable attorney’s fees, in
instituting, prosecuting or defending any action or proceeding, then Tenant
will
reimburse Owner for such sums so paid or obligations incurred with interest
and
costs. The foregoing expenses incurred by reason of Tenant’s default shall be
deemed to be additional rent hereunder and shall be paid by Tenant to Owner
within five (5) days of rendition of any xxxx or statement to Tenant therefor.
If Tenant’s lease term shall have expired at the time of making of such
expenditures or incurring of such obligations, such sums shall be recoverable
by
Owner as damages.
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20. Building
Alterations and Management:
Owner
shall have the right at any time without the same constituting an
eviction and without incurring liability to Tenant therefor
to change the arrangement and/or location of public entrances, passageways,
doors, doorways, corridors, elevators, stairs, toilets or other public parts
of
the building and to change the name, number or designation by which the building
may be known. There shall be no allowance to Tenant for diminution of rental
value and no liability on the part of Owner by reason of inconvenience,
annoyance or injury to business arising from Owner or other Tenants making
any
repairs in the building or any such alterations, additions and improvements.
Furthermore, Tenant shall not have any claim against Owner by reason of Owner’s
imposition of such controls of the manner of access to the building by Tenant’s
social or business visitors as the Owner may deem necessary for the security
of
the building and its occupants. See§
74(l)(vi).
21. No
Representations by Owner:
Neither
Owner nor Owner’s agents have made any representations or promises with respect
to the physical condition of the building, the land upon which it is erected
or
the demised premises, the rents, leases, expenses of operation or any other
matter or thing affecting or related to the premises except as herein expressly
set forth and no rights, easements or licenses are acquired by Tenant by
implication or otherwise except as expressly set forth in the provisions of
this
lease. Tenant has inspected the building and the demised premises and is
thoroughly acquainted with their condition and agrees to take the same “as is”
and acknowledges that the taking of possession of the demised premises by Tenant
shall be conclusive evidence that the said premises and the building of which
the same form a part were in good and satisfactory condition at the time such
possession was so taken, except as to latent defects. All understandings and
agreements heretofore made between the parties hereto are merged in this
contract, which alone fully and completely expresses the agreement between
Owner
and Tenant and any executory agreement hereafter made shall be ineffec-tive
to
change, modify, discharge or effect an abandonment of it in whole or in part,
unless such executory agreement is in writing and signed by the party against
whom enforcement of the change, modification, discharge or abandonment is
sought.
22. End
of Term:
Upon
the expiration or other termination of the term of this lease, Tenant shall
quit
and surrender to Owner the demised premises, broom clean, in good order and
condition, ordinary wear and damages which Tenant is not required to repair
as
provided elsewhere in this lease excepted, and Tenant shall remove all its
property. Tenant’s obligation to observe or perform this covenant shall survive
the expiration or other termination of this lease. If the last day of the term
of this Lease or any renewal thereof, falls on Sunday, this lease shall expire
at noon on the preceding Saturday unless it is a legal holiday in which case
it
shall expire at noon on the preceding business day.
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23. Quiet
Enjoyment:
Owner
covenants and agrees with Tenant that upon Tenant paying the rent and additional
rent and observing and performing all the terms, covenants and conditions,
on
Tenant’s part to be observed and performed, Tenant may peaceably and quietly
enjoy the premises hereby demised, subject, never-theless, to the terms and
conditions of this lease including, but not limited to, Article 31 hereof and
to
the ground leases, underlying leases and mortgages hereinbefore
mentioned.
24. Failure
To Give Possession:
If
Owner is unable to give possession of the demised premises on the date of the
commencement of the term hereof, because of the holding-over or retention of
possession of any tenant, undertenant or occupants or if the demised premises
are located in a building being constructed, because such building has not
been
sufficiently completed to make the premises ready for occupancy or because
of
the fact that a certificate of occupancy has not been procured or for any other
reason, Owner shall not be subject to any liability for failure to give
possession on said date and the validity of the lease shall not be impaired
under such circumstances, nor shall the same be construed in any wise to extend
the term of this lease, but the rent payable hereunder shall be abated (provided
Tenant is not responsible for Owner’s inability to obtain possession) until
after Owner shall have given Tenant written notice that the premises are
substantially ready for Tenant’s occupancy. If permission is given to Tenant to
enter into the possession of the demised premises or to occupy premises other
than the demised premises prior to the date specified as the commencement of
the
term of this lease, Tenant covenants and agrees that such occupancy shall be
deemed to be under all the terms, covenants, conditions and provisions of this
lease, except as to the covenant to pay rent. The provisions of this article
are
intended to constitute “an express provision to the contrary” within the meaning
of Section 223-a of the New York Real Property Law.
25. No
Waiver:
The
failure of Owner to seek redress for violation of, or to insist upon the strict
performance of any covenant or condition of this lease or of any of the Rules
or
Regulations, set forth or hereafter adopted by Owner, shall not prevent a
subsequent act which would have originally constituted a violation from having
all the force and effect of an original violation. The receipt by Owner of
rent
with knowledge of the breach of any covenant of this lease shall not be deemed
a
waiver of such breach and no provision of this lease shall be deemed to have
been waived by Owner unless such waiver be in writing signed by Owner. No
payment by Tenant or receipt by Owner of a lesser amount than the monthly rent
herein stipulated shall be deemed to be other than on account of the earliest
stipulated rent, nor shall any endorsement or statement of any check or any
letter accompanying any check or payment as rent be deemed an accord and
satisfaction, and Owner may accept such check or payment without prejudice
to
Owner’s right to recover the balance of such rent or pursue any other remedy in
this lease provided. No act or thing done by Owner or Owner’s agents during the
term hereby demised shall be deemed an acceptance of a sur-render of said
premises, and no agreement to accept such surrender shall be valid unless in
writing signed by Owner. No employee of Owner or Owner’s agent shall have any
power to accept the keys of said premises prior to the termination of the lease
and the delivery of keys to any such agent or employee shall not operate as
a
termination of the lease or’ a surrender of the premises. See§
74(l)(vii).
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26. Waiver
of Trial by Jury:
It is
mutually agreed by and between Owner and Tenant that the respective parties
hereto shall and they hereby do waive trial by jury in any action, proceeding
or
counterclaim brought by either of the parties hereto against the other (except
for personal injury or property damage) on any matters whatsoever arising out
of
or in any way connected with this lease, the relationship of Owner and Tenant,
Tenant’s use of or occupancy of said premises, and any emergency statutory or
any other statutory remedy. It is further mutually agreed that in the event
Owner commences any summary proceeding for possession of the premises, Tenant
will not interpose any counterclaim of whatever nature or description in any
such proceeding including a counterclaim under Article 4. See§
74(l)(viii).
27. Inability
to Perform:
This
Lease and the obligation of Tenant to pay rent hereunder and perform all of
the
other covenants and agreements hereunder on part of Tenant to be per-formed
shall in no wise be affected, impaired or excused because Owner is unable to
fulfill any of its obligations under this lease or to supply or is delayed
in
supplying any service expressly or impliedly to be supplied or is unable to
make, or is delayed in making any repair, additions, alterations or decorations
or is unable to supply or is delayed in supplying any equipment or fixtures
if
Owner is prevented or delayed from so doing by reason of strike or labor
troubles including government preemption in connection with a National Emergency
or by reason of any rule, order or regulation of any department or subdivision
thereof of any government agency or by reason of the conditions of supply and
demand which have been or are affected by war or other emergency.
28. [Intentionally
Omitted]
29. Services
Provided By Owners:
As long
as Tenant is not in default under any of the covenants of this lease, Owner
shall provide: (b) heat to the demised premises when and as required by
law, on business days from 8 a.m. to 6 p.m. and on Saturdays from 8 a.m. to
1
p.m.; (c) water for or-dinary lavatory purposes, but if Tenant uses or
consumes water for any other purposes or in unusual quantities (of which fact
Owner shall be the sole judge), Owner may install a water meter at Tenant’s
expense which Tenant shall thereafter maintain at Tenant’s expense in good
working order and repair to register such water consumption and Tenant shall
pay
for water consumed as shown on said meter as additional rent as and when bills
are rendered; (d) premises are to be kept clean by Tenant, it shall be done
at
Tenant’s sole expense, in a manner satisfactory to Owner and no one other than
persons approved by Owner shall be permitted to enter said premises or the
building of which they are a part for such purpose. Tenant shall pay Owner
the
cost of removal of any of Tenant’s refuse and rubbish from the building;
(f) Owner reserves the right to stop services of the heating, elevators,
plumbing, air-conditioning, power systems or cleaning or other services, if
any,
when necessary by reason of accident or for repairs, alterations, replacements
or improvements necessary or desirable in the judgment of Owner for as long
as
may be reasonably required by reason thereof. If the building of which the
demised premises are a part supplies manually-operated elevator service, Owner
at any time may substitute automatic-control elevator service and upon ten
days’
written notice to Tenant, proceed with alterations necessary therefor without
in
any wise affecting this lease or the obligation of Tenant hereunder. The same
shall be done with a minimum of inconvenience to Tenant and Owner shall pursue
the alteration with due diligence.
30. Captions:
The
Captions are inserted only as a matter of convenience and for reference and
in
no way define, limit or describe the scope of this lease nor the intent of
any
provisions thereof.
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31. Definitions:
The
term “office”, or “offices”, used in this lease, shall not be construed to mean
premises used as a store or stores, for the sale or display, at any time, of
goods, wares or merchandise, of any kind, or as a restaurant, shop, booth,
bootblack or other stand, xxxxxx shop, or for other similar purposes or for
manufacturing. The term “Owner” means a landlord or lessor, and as used in this
lease means only the owner, or the mortgagee in possession, for the time being
of the land and building (or the owner of a lease of the building or of the
land
and building) of which the demised premises form a part, so that in the event
of
any sale or sales of said land and building or of said lease, or in the event
of
a lease of said building, or of the land and building, the said Owner shall
be
and hereby is entirely freed and relieved of all covenants and obligations
of
Owner hereunder, and it shall be deemed and construed without further agreement
between the parties or their successors in interest, or between the parties
and
the purchaser, at any such sale, or the said lessee of the building, or of
the
land and building, that the purchaser or the lessee of the building has assumed
and agreed to carry out any and all covenants and obligations of Owner,
hereunder. The words “re-enter” and “re-entry” as used in this lease are not
restricted to their technical legal meaning. The term “business days” as used in
this lease shall exclude Saturdays (except such portion thereof as is covered
by
specific hours in Article 29 hereof), Sundays and all days observed by the
State
or Federal Government as legal holidays and those designated as holidays by
the
applicable building service union employees service contract or by the
applicable Operating Engineers contract with respect to HVAC
service.
32. Adjacent
Excavation - Shoring:
If an
excavation shall be made upon land adjacent to the demised premises, or shall
be
authorized to be made, Tenant shall afford to the person causing or au-thorized
to cause such excavation, license to enter upon the demised premises for the
purpose of doing such work as said person shall deem necessary to preserve
the
wall or the building of which demised premises form a part from injury or damage
and to support the same by proper foundations without any claim for damages
or
indemnity against Owner, or diminution or abatement of rent.
33. Rules
and Regulations:
Tenant
and Tenant’s servants, employees, agents, visitors, and licensees shall observe
faithfully, and com-ply strictly with, the Rules and Regulations and such other
and further reasonable Rules and Regulations as Owner or Owner’s agents may from
time to time adopt. Notice of any additional rules or regulations shall be
given
in such manner as Owner may elect. In case Tenant disputes the reasonableness
of
any additional Rule or Regulation hereafter made or adopted by Owner or Owner’s
agents, the parties hereto agree to submit the question of the reasonableness
of
such Rule or Regulation for decision to the New York office of the American
Arbitration Association, whose determination shall be final and conclusive
upon
the parties hereto. The right to dispute the reasonableness of any addi-tional
Rule or Regulation upon Tenant’s part shall be deemed waived unless the same
shall be asserted by service of a notice, in writing upon Owner within ten
(10)
days after the giving of notice thereof. Nothing in this lease contained shall
be construed to impose upon Owner any duty or obligation to enforce the Rules
and Regulations or terms, covenants or conditions in any other lease, as against
any other tenant and Owner shall not be liable to Tenant for violation of the
same by any other tenant, its servants, employees, agents, visitors or
licensees.
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34. Security:
See
Article 71, Security Deposit, of Rider. as security for the faithful performance
and observance by Tenant of the terms, provisions and conditions of this lease;
it is agreed that in the event Tenant defaults in respect of any of the terms,
provisions and conditions of this lease, including, but not limited to, the
payment of rent and additional rent, Owner may use, apply or retain the whole
or
any part Of the security so deposited to the extent required for the payment
of
any rent and additional rent or any other sum as to which Tenant is in default
or for any sum which Owner may expend or may be required to expend by reason
of
Tenant’s default in respect of any of the terms, covenants and conditions of
this lease, including but not limited to, any damages or deficiency in the
re-letting of the premises, whether such damages or deficiency accrued before
or
after summary proceedings or other re-entry by Owner. In the event of a sale
of
the land and building or leasing of the building, of which the demised premises
form a part, Owner shall have the right to transfer the security to the vendee
or lessee and Owner shall thereupon be released by Tenant from all liability
for
the return of such security; and Tenant agrees to look to the new Owner solely
for the return of said security, and it is agreed that the provisions hereof
shall apply to every transfer or assignment made of the security to a new Owner.
Tenant further covenants that it will not assign or encumber or attempt to
assign or encumber the monies deposited herein as security and that neither
Owner nor its successors or assigns shall be bound by any such assignment,
encumbrance, attempted assignment or attempted encumbrance.
35. Estoppel
Certificate:
Tenant,
at any time, and from time to time, upon at least 10 days’ prior notice by
Owner, shall execute, acknowledge and deliver to Owner, and/or to any other
person, firm or corporation specified by Owner, a statement certifying that
this
Lease is unmodified and in full force and effect (or, if there have been
modifications, that the same is in full force and effect as modified and stating
the modifications), stating the dates to which the rent and additional rent
have
been paid, and stating whether or not there exists any default by Owner under
this Lease, and, if so, specifying each such default. See§
74(l)(x).
36. Successors
and Assigns:
The
covenants, conditions and agreements contained in this lease shall bind and
inure to the benefit of Owner and Tenant and their respective heirs,
distributees, executors, administrators, successors, and except as otherwise
pro-vided in this lease, their assigns.
In
Witness Whereof, Owner and Tenant have respectively signed and sealed this
lease
as of the day and year first above written.
|
BROADWAY
AND 41ST
ASSOCIATES LIMITED PARTNERSHIP
|
||
|
Witness
for Owner
|
By:
OLGP 0000 Xxxxxxxx Corp..
general
partner
|
|
|
/s/
Naoto Yabu
|
By:
/s/
Xxxxxxx X. Xxxxxxx
|
|
|
XXXXX
XXXX, VP
|
XXXXXXX
X. XXXXXXX/V.P.
|
|
|
Witness
for Tenant:
|
XXX
XXXXX CORPORATION
|
|
|
/s/
S. P. Laugmid
|
By:
/s/
X. Xxxxxxx
|
|
|
S.
LAUGMAID, CFO
|
X.
XXXXXXX C.O.O.
|
|
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ACKNOWLEDGMENTS
|
CORPORATE
OWNER
STATE
OF NEW YORK, ss.:
County
of
|
CORPORATE
TENANT
STATE
OF NEW YORK, ss.:
County
of
|
|||
|
On
this ____ day of _________, ____, before me personally came
____________________ to me known, who being by me duly sworn, did
depose
and say that he resides in ____________________________________ that
he is
the _______________ of ________________ the corporation described
in and
which executed the foregoing instrument, as OWNER; that he knows
the seal
of said corporation; that the seal affixed to said instrument is
such
corporate seal; that it was so affixed by order of the Board of Directors
of said corporation, and that he signed his name thereto by like
order.
|
On
this ____ day of _________, ____, before me personally came
____________________ to me known, who being by me duly sworn, did
depose
and say that he resides in ____________________________________ that
he is
the _______________ of ________________ the corporation described
in and
which executed the foregoing instrument, as TENANT; that he knows
the seal
of said corporation; that the seal affixed to said instrument is
such
corporate seal; that it was so affixed by order of the Board of Directors
of said corporation, and that he signed his name thereto by like
order.
|
|||
|
INDIVIDUAL
OWNER
STATE
OF NEW YORK, ss.:
County
of
|
INDIVIDUAL
TENANT
STATE
OF NEW YORK, ss.:
County
of
|
|||
|
On
this ____ day of _________, ____, before me personally came
_______________________ to me known and known to me to be the individual
described in and who, as OWNER, executed the foregoing instrument
and
acknowledged to me that he executed the same.
|
On
this ____ day of _________, ____, before me personally came
_______________________ to me known and known to me to be the individual
described in and who, as TENANT, executed the foregoing instrument
and
acknowledged to me that he executed the same.
|
|||
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GUARANTY
FOR
VALUE
RECEIVED, and in consideration for, and as an inducement to Owner making the
within lease with Tenant, the undersigned guarantees to Owner, Owner’s
suc-cessors and assigns, the full performance and observance of all the
covenants, conditions and agreements, therein provided to be performed and
observed by Tenant, including the “Rules and Regulations” as therein provided,
without requiring any notice of non-payment, non-performance, or non-observance,
or proof, or notice, or demand, whereby to charge the undersigned therefor,
all
of which the undersigned hereby expressly waives and expressly agrees that
the
validity of this agreement and the obligations of the guarantor hereunder shall
in no wise be terminated, affected or impaired by reason of the assertion by
Owner against Tenant of any of the rights or remedies reserved to Owner pursuant
to the provisions of the within lease. The undersigned further covenants and
agrees that this guaranty shall remain and continue in full force and effect
as
to any renewal, modifica-tion or extension of this lease and during any period
when Tenant is occupying the premises as a “statutory tenant.” As a further
inducement to Owner to make this lease and in consideration thereof, Owner
and
the undersigned covenant and agree that in any action or proceeding brought
by
either Owner or the undersigned against the other on any matters whatsoever
arising out of, under, or by virtue of the terms of this lease or of this
guarantee that Owner and the undersigned shall and do hereby waive trial by
jury.
Dated:
,
19
Guarantor
Witness
Guarantor’s
Residence
Business
Address
Firm
Name
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STATE
OF
NEW YORK )
ss.:
COUNTY
OF )
On
this
____ day of _____________ , 19__, before me personally came ______________,
to
me known and known to me to be the individual described in, and who executed
the
foregoing Guaranty and acknowledged to me that he executed the
same.
Notary
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IMPORTANT
- PLEASE READ
RULES
AND REGULATIONS ATTACHED
TO
AND MADE A PART OF THIS LEASE
IN
ACCORDANCE WITH ARTICLE 33.
1. The
sidewalks, entrances, driveways, passages, courts, elevators, vestibules,
stairways, corridors or halls shall not be obstructed or encumbered by any
Tenant or used for any purpose other than for ingress or egress from the demised
premises and for delivery of merchandise and equipment in a prompt and efficient
manner using elevators and passageways designated for such delivery by Owner.
There shall not be used in any space, or in the public hall
of the
building, either by any Tenant or by jobbers or others in the delivery or
receipt of merchandise, any hand trucks, except those equipped with rubber
tires
and sideguards. If said premises are situated on the ground floor of the
building, Tenant thereof shall further, at Tenant’s expense, keep the sidewalk
and curb in front of said premises clean and free from ice, snow, dirt and
rubbish.
2. The
water
and wash closets and plumbing fixtures shall not be used for any purposes other
than those for which they were designed or constructed and no sweepings,
rubbish, rags, acids or other substances shall be deposited therein, and the
expense of any breakage, stoppage, or damage resulting from the violation of
this rule shall be borne by the Tenant who, or whose clerks, agents, employees
or visitors, shall have caused it.
3. No
carpet, rug or other article shall be hung or shaken out of any window of the
building; and no Tenant shall sweep or throw or permit to be swept or thrown
from the demised premises any dirt or other substances into any of the corridors
or halls, elevators, or out of the doors or windows or stairways of the building
and Ten-ant shall not use, keep or permit to be used or kept any foul or noxious
gas or substance in the demised premises, or permit or suffer the demised
premises to be occupied or used in a manner offensive or objectionable to Owner
or other occupants of the building by reason of noise, odors, and/or vibrations,
or interfere in any way with other Tenants or those having business therein,
nor
shall any animals or birds be kept in or about the building. Smoking or carrying
lighted cigars or cigarettes in the elevators of the building is
prohibited.
4. No
awnings or other projections shall be attached to the outside walls of the
building without the prior written consent of Owner.
5. No
sign,
advertisement, notice or other lettering shall be exhibited, inscribed, painted
or affixed by any Tenant on any part of the outside of the demised premises
or
the building or on the inside of the demised premises if the same is visible
from the outside of the premises without the prior written consent of Owner,
except that the name of Tenant may appear on the entrance door of the premises.
In the event of the violation of the foregoing by any Tenant, Owner may remove
same without any liability, and may charge the expense incurred by such removal
to Tenant or Tenants violating this rule. Interior signs on doors and directory
tablet shall be inscribed, painted or affixed for each Tenant by Owner at the
expense of such Tenant, and shall be of a size, color and style acceptable
to
Owner.
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6. No
Tenant
shall xxxx, paint, drill into, or in any way deface any part of the demised
premises or the building of which they form a part. No boring, cutting or
stringing of wires shall be permitted, except with the prior written consent
of
Owner, and as Owner may direct. No Tenant shall lay linoleum, or other similar
floor covering, so that the same shall come in direct contact with the floor
of
the demised premises, and, if linoleum or other similar floor covering is
desired to be used an interlining of builder’s deadening felt shall be first
affixed to the floor, by a paste or other material, soluble in water, the use
of
cement or other similar adhesive material being expressly
prohibited.
7. No
additional locks or bolts of any kind shall be placed upon any of the doors
or
windows by any Tenant, nor shall any changes be made in existing locks or
mechanism thereof. Each Tenant must, upon the termination of his Tenancy,
restore to Owner all keys of stores, offices and toilet rooms, either furnished
to, or otherwise procured by, such Tenant, and in the event of the loss of
any
keys, so furnished, such Tenant shall pay to Owner the cost
thereof.
8. Freight,
furniture, business equipment, merchandise and bulky matter of any description
shall be delivered to and removed from the premises only on the freight
elevators and through the service entrances and corridors, and only during
hours
and in a manner approved by Owner. Owner reserves the right to inspect all
freight to be brought into the building and to exclude from the building all
freight which violates any of these Rules and Regulations of the lease or which
these Rules and Regulations are a part.
9. Canvassing,
soliciting and peddling in the building is prohibited and each Tenant shall
cooperate to prevent the same.
10. Owner
reserves the right to exclude from the building between the hours of 6 P.M.
and
8A.M. and at all hours on Sundays, and legal holidays all persons who do not
present a pass to the building signed by Owner. Owner will furnish passes to
persons for whom any Tenant requests same in writing. Each Tenant shall be
responsible for all persons for whom he requests such pass and shall be liable
to Owner for all acts of such persons.
11. Owner
shall have the right to prohibit any advertising by any Tenant which in Owner’s
opinion, tends to impair the reputation of the building or its desirability
as a
as a building for offices, and upon written notice from Owner, Tenant shall
refrain from or discontinue such advertising.
12. Tenant
shall not bring or permit to be brought or kept in or on the demised premises,
any inflammable, combustible or explosive fluid, material, chemical or
substance, or cause or permit any odors of cooking or other processes, or any
unusual or other objectionable odors to permeate in or emanate from the demised
premises.
13. If
the
building contains central air conditioning and ventilation, Tenant agrees to
keep all windows closed at all times and to abide by all rules and regulations
issued by the Owner with respect to such services. If Tenant requires air
conditioning or ventilation after the usual hours, Tenant shall give notice
in
writing to the building superintendent prior to 3:00 P.M. in the case of
services required on week days, and prior to 3:00 P.M. on the day prior in
the
case of after hours service required on weekends or on holidays.
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14. Tenant
shall not move any safe, heavy machinery, heavy equipment, bulky matter, or
fixtures into or out of the building without Owner’s prior written consent. If
such safe, machinery, equipment, bulky material or fixtures requires special
handling, all work in connection therewith shall comply with the Administrative
Code of the City of New York and all other laws and regulations applicable
thereto and shall be done during such hours as Owner may designate.
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