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Additional Rider To Lease
Dated as of
Between =
As Landlord, and
, as Tenant
If
there is any conflict or inconsistency between this Additional Rider and the
Lease or any Rider Schedule, Exhibit or other document, then this Additional
Rider shall control and prevail.
1. &nbs=
p;
Landlord
/ Owner - As used herein the word Landlord shall also mean Owner.
2. &nbs=
p;
Manner
of Use - Wherever reference is made to Tenant being responsible to perform =
work
or otherwise cure violations, the term "use" shall mean Tenant's
manner of use as opposed to the mere use thereof for the purposes set forth=
in
the use clause.
3. &nbs=
p;
Compliance
with laws, structural repairs, - Tenant shall not be required to pay the co=
st
of complying with any laws, rules, orders, regulations and requirements
(a)which are in existence on the date hereof, or (b) which require structur=
al
repairs to or structural alteration of the building or the demised premises,
which are not required by reason of Tenant’s willful acts contrary to=
the
provisions of this Lease. Ten=
ant
will not be required to make any structural repairs to the building unless =
such
repairs are required because of willful acts of Tenant, its employees, agen=
ts
or contractors.
4. &nbs=
p;
Interference
with Tenants Business - Landlord agrees that, except in case of an emergenc=
y,
any work performed by Landlord affecting the demised premises will be perfo=
rmed
in such a manner as to minimize any disruption of Tenant’s business, =
but
Landlord will not be required to use overtime, unless Tenant requests in
writing that Landlord use it and agrees to compensate Landlord for the
additional cost. Tenant will =
be
given reasonable notice of any work affecting the demised premises.
5. &nbs=
p;
Initial
Alterations - Tenant will be given full access to and possession of the dem=
ised
premises beginning _______________
for purposes of making its initial alterations to the demised premis=
es,
installing telephone, communications and computer systems and otherwise
preparing the demised premises for Tenant’s occupancy. Said access will be under the term=
s and
conditions of this Lease, except Tenant will not be required to pay fixed
annual rent or additional rent during such period. If such possession is delivered to
Tenant after _________, then the commencement date and termination date of =
the
Lease will each be moved forward by a time period equal to the length of the
delay in delivery of possession. If
possession is not delivered to Tenant by______________, Tenant will have the
right to terminate this lease and receive the return of its security deposi=
t.
6. &nbs=
p;
Supplemental
HVAC -Tenant will have the right to install supplemental heating, ventilati=
ng
and air-conditioning (HVAC)installed in the demised premises at its sole co=
ast
and expense, and tie it into the ductwork from the present air-conditioning
system so as to provide additional, or off hour, cooling and heat for Tenan=
t's
the demised premises, using a contractor chosen by Tenant and reasonably
approved by Landlord. Tenant =
will
pay the additional cost of the electricity consumed by Tenant’s HVAC
system in the same manner that it pays for other power consumed by it in the
demised premises.
7. &nbs=
p;
Contractors
- Tenant will have the right to use contractors selected by Tenant, subject=
to
Landlords reasonable approval for any alteration work in the demised premis=
es.
8. &nbs=
p;
Supervisory
Fee - Landlord's supervisory fee in connection with alterations or improvem=
ents
to the demised premises shall apply only to the cost of structural improvem=
ents
9. &nbs=
p;
Alterations
- Landlord's consent shall no=
t be
(a) required, with respect to painting and=
decorations or to any changes costing less than $_________ or (b)
unreasonably withheld or delayed, with respect to any other changes so long=
as,
in both instances, such changes do not affect the structure of the building=
, or
materially and adversely affect building systems.
10. &nb=
sp;
Manner
of Use - Wherever reference is made to Tenant being responsible to perform =
work
or otherwise cure violations, the term "use" shall mean Tenant's
manner of use as opposed to the mere use thereof for the purposes set forth=
in
Article 2.
11. &nb=
sp;
Sublet
and Assignment - The consent of Landlord to sublet or assignment shall not =
be
unreasonably withheld or delayed.
Notwithstanding the foregoing, Tenant shall have the right, without the consent of
Landlord, to assign this lease or to sublet all or a portion of the demised
premises to (i) any entity which controls, is controlled by, or is under the
common control with, Tenant ; (ii) any entity into which or with which Tena=
nt,
merges or consolidates; (iii) any entity which acquires all or substantially
all of the business and assets of Tenant; or sublet or license desk space or
offices to investment advisors, hedge funds investors that are customers of
Tenant.; provided that, (i) in the case of an assignment, such assignee sha=
ll
expressly agree in writing for the benefit of Landlord to assume all of
Tenant's obligations hereunder accruing after the effective date of assignm=
ent
and (ii) in any event, Tenant, shall remain liable for the performance of a=
ll
of Tenant's obligations hereunder.
In addition, Tenant shall have the right to allow any of the entities described in t=
he
preceding sentence to occupy
portions of the demised premises in accordance with the provisions of this
lease.
12. &nb=
sp;
Recapture
- Landlord shall have no recapture rights or right to share in the rents of=
any
sublease or license that does not require Landlord's consent.
13. &nb=
sp;
Entry
by Landlord - Except in the event of an emergency or where such entry is
required by law, Landlord's right of entry shall be exercised following
reasonable advance notice to Tenant.
Landlord agrees that while exercising such right of entry or making =
such
repairs, replacements or improvements, Landlord shall use reasonable effort=
s to
avoid interfering with Tenant's business or disrupting the same.
14. &nb=
sp;
Grace
Periods - Tenant shall have 10 business days after notice to cure defaults =
in
basic rent, 15 business days after notice to cure all other monetary defaul=
ts,
and 20 days after notice to cure nonmonetary defaults, if a nonmonetary def=
ault
cannot be cured within such 20 day period, then Tenant shall not be in defa=
ult
if it starts cure within said 20 days and diligently prosecutes it to completion.
15. &nb=
sp;
Twenty-four
Hour Access - Subject to its reasonable security regulations, Landlord agre=
es
that the demised premises will be accessible twenty-four (24) hours a day,
seven (7) days a week to Tenant and its customers.
16. &nb=
sp;
Enforcement
of Rules - Landlord agrees that it shall not enforce the rules and regulati=
ons
more stringently against Tenant than against any other tenant of the
building. Additionally, no ru=
les
and regulations shall increase Tenant's monetary obligations or materially
reduce Tenant's rights under this lease nor shall Tenant be required to com=
ply
with any rules and regulations which prevent Tenant's permitted uses of the
demised premises.
17. &nb=
sp;
Interest
on Security - Landlord will deposit any security in an interest bearing acc=
ount
and unless paid or applied for the use or rental of the demised premises up=
on
default of Tenant as hereinabove provided, Landlord will deliver or cause t=
o be
delivered to Tenant, such interest as is allowed on said account annually a=
nd
at the end of the term, less one (1%) percent per annum administration expe=
nse
allowed by law.
18. &nb=
sp;
Completion
of Landlord Work - Landlord agrees that the demised premises will be
substantially complete and available for Tenant's possession on ___________=
_.
Tenant shall have the right to have telephone and computer wiring installers
enter the demised premises on and after ________________ to install such
wiring, and to deliver furniture and install telephone and computer systems=
on
and after ____________ provid=
ed that
they do not interfere with Landlord's contractors.
19. &nb=
sp;
Personal
Delivery - Any notices or communications from the Landlord to the Tenant wh=
ich,
at the option of the Landlord shall be delivered by hand to the Tenant, sha=
ll
be deemed delivered personally only if left with _______________ or any oth=
er
individual designated, in writing, to the Landlord from time to time by the
Tenant."
20. &nb=
sp;
Tax
Refunds - If there is a tax reduction, Tenant shall receive a proportionate
share of any tax reduction, after deduction of fees of tax reduction attorn=
ey,
in cash.
21. &nb=
sp;
Late
Billing - Tenant shall not be required to pay any escalation payments or
utility charges for any period more than 12 months prior to the date when t=
he
bill therefore is sent to the Tenant.
22. &nb=
sp;
Discontinuance
of Electric If Landlord discontinues furnishing electricity on a rent inclu=
sion
or submeter basis, then it must do so to at least 90% of the tenants in the
building by square footage, and it must permit Tenant to use existing risers
and equipment to obtain its electric supply.
23. &nb=
sp;
Landlord
Completion Date - Landlord will complete the work described in the attached
Work Letter at Landlord's sole cost and expense before September 1, 1994.
24. &nb=
sp;
Material
Interference - If any change of condition pursuant to Article __ materially
interferes with Tenant conducting its business in its usual manner, then Te=
nant
shall have the right to terminate this lease without further liability to
Landlord and receive the return of its security deposit.
25. &nb=
sp;
If
Landlord is permitted to charge Tenant for any repairs or improvements to t=
he
building, then any amount charged to Tenant for any month shall be the
percentage of the total useable area of the building that the demised premi=
ses
occupies times the part of the capital cost of such item which Landlord wou=
ld
be permitted to deduct from income as depreciation if the entire cost is
treated as a capital investment for Federal Income Tax purposes and such it=
em
is depreciated on a straight line basis over its useful life for Federal In=
come
Tax purposes."
26. &nb=
sp;
Additional
Charges - No additional charge shall be made for cleaning part of the demis=
ed
premises used for the preparation or consumption of food or beverages using=
a
coffee maker, refrigerator, ice maker, microwave or similar appliances or
delivered from the outside for consumption by employees and business guests=
of
Tenant, nor shall any additional charge be made removal of refuse and rubbi=
sh
related thereto. No additional charge shall be made for cleaning areas arou=
nd
data processing and reproductions operations operated in connection with
Tenant's office. No additional
charge shall be made for removal of rubbish and refuse generated from the
operation of a shredding machine at the demised premises. No additional cha=
rge
shall be made for removal of boxes and packing materials for furniture,
materials, supplies, equipment, documents and files delivered to Tenant.
27. &nb= sp; If there is a dispute as to Tenant’s right to sublet the demised premise= s or assign this lease, Tenant shall have the right to have such dispute determi= ned by a single Arbitrator appointed by the New York City office of the American Arbitration Association and acting under its Commercial arbitration Rules.<= o:p>
28. &nb=
sp;
Proportionate
Share - The Landlord represents that the Tenant's Proportionate Share
percentage of _____% and the Wage Rate Multiple of ______ has been computed=
in
the same manner as percentages for taxes were computed in all current leases
for office space in the building of which the demised premises form a part.=
29. &nb=
sp;
HVAC
Repairs - The Landlord shall use its best efforts to perform repairs,
alterations or improvements to the heating ventilating and air-conditioning
systems on a timely basis with due diligence and in such a manner as to
minimize interference with the Tenant's business. The Landlord shall have no
responsibility or liability for failure to supply said air-conditioning ser=
vice
when prevented from so doing by reason of union contracts requiring the
building to be closed on union holidays as set forth in such contracts or by
strikes, accidents or any cause beyond the Landlord's reasonable control or=
by
orders or regulations of any federal, state, municipal or county authority =
or
failure of electric current, steam and/or water or other suitable power for=
the
operation of said air-conditioning system.
30. &nb=
sp;
Minimize
Interference - With respect to any alterations, repairs or improvements in =
the
demised premises and/or the building of which the demised premises form a p=
art
required or, in the reasonable judgment of the Landlord, deemed necessary t=
o be
made by the Landlord during the term of this lease, the Landlord agrees to
commence the same and diligently complete them (unless prevented from so do=
ing
by any cause beyond the Landlord's reasonable control) in such manner as to
minimize any interference with the conduct of the Tenant's business in the
demised premises, provided, however, that nothing in this paragraph contain=
ed
shall be construed to impose any obligation on the Landlord to pay for any
overtime labor in connection therewith unless the Tenant expressly agrees to
pay the costs of such overtime labor.
31. &nb=
sp;
Directory
Listings - The Tenant shall be entitled to ______ names at any one time on =
the
building directory during the term of this lease, and Landlord shall not
unreasonably reject a request to list additional names.
32. &nb=
sp;
Reasonable
Consent - Wherever in this lease the Landlord's consent or approval (or wor=
ds
of similar import) is required by the Tenant, it shall be deemed to mean
"reasonable consent or approval given within a reasonable period of ti=
me
and not unreasonably delayed, unless herein to the contrary specifically set
forth.
33. &nb=
sp;
Move
Elevators - Tenant shall be permitted to use the elevators to move into and=
out
of the demised premises, and to make deliveries of supplies, files, furnitu=
re
and equipment to the demised premises during regular business hours, without
additional charge.
In Witness Whereof, the parties have executed
this Additional Rider as of the day and year first above written.
=
&nb=
sp; =
&nb=
sp;
=
&nb=
sp; =
By_________________=
___________________
=
&nb=
sp;
=
&nb=
sp;
=
&nb=
sp; =
By_________________=
___________________
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