Lease and development agreement

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Section 8.5 No Nuisance.

The Lessee shall not commit any nuisance on the Premises, or do or permit to be done anything which results in the creation or commission of a nuisance on the Premises, and the Lessee shall not cause or permit to be caused or produced upon the Premises, or to emanate therefrom, any smoke, gases, vapor or odors in violation of any Environmental or other Requirements. The Lessee shall not, and shall not permit anyone to, dispose of, release or discharge any Hazardous Substance on the Premises or in the Project Area. Any Hazardous Substance disposed of, released or discharged, or permitted to be disposed of, released or discharged, by the Lessee on the Premises or in the Project Area, shall upon notice by the Port Authority to the Lessee, be completely removed and/or remediated by the Lessee. The foregoing obligations of the Lessee shall survive the expiration or termination of this Agreement.

Section 8.6 No Overloading.

The Lessee’s operation, use and maintenance of the Premises, including the Building:

(i) shall not cause an overloading of the capacity of any existing or future utility, mechanical, electrical, communication or other systems or portions thereof serving the Building, the Premises and other portions of the Airport. Overloading of such systems resulting from operations of others at the Airport shall not be deemed to be the responsibility of the Lessee so long as the Lessee’s use of such systems conforms to the capacity thereof expressly reserved for use or operation of the Building; and

(ii) shall not overload any floor, roadway, passageway, pavement or other surface, wall, partition, column, supporting member or elevator or other conveyance located in the Building, which overload would invalidate or conflict with any requirements of any insurance policy(ies) covering the Premises or any part thereof. The Lessee shall repair any damage caused by any such overloading.

Section 8.7 Compliance with Underwriters Requirements.

The Lessee shall promptly observe, comply with and execute the provisions of any and all present and future rules and regulations, requirements, orders and directions of the National Board of Underwriters and the Insurance Services Office of New York and of any other organization exercising, or which may exercise, similar functions, which may pertain or apply to the operations of the Lessee on the Premises. If by reason of any failure on the part of the Lessee to comply with the provisions of this Agreement any insurance rate at the Airport or any part thereof shall at any time be higher than it otherwise would be, then the Lessee shall pay to the Port Authority, as an item of additional Rental, that part of all insurance premiums paid by the Port Authority that shall have been charged because of such violation or failure by the Lessee, but no such payment shall relieve the Lessee of its other obligations under this Section. The Lessee shall have the same right to contest any such rule, regulation, requirement, order or direction as provided for in Section 4.4 hereof, but subject to compliance by the Lessee with the terms and conditions of such Section.

Section 8.8 No Offensive Use.

The Lessee shall not use or allow the use of the Premises for any purposes which are in violation of law or which reasonable Persons would deem to be pornographic or similarly offensive.

Section 8.9 Test Results, etc.

Without limiting any other of the Lessee’s obligations under this Agreement, the Lessee at its own cost shall provide the Port Authority with such information, documentation, records, correspondence, notices, reports, test results, and certifications and any other information as the Port Authority shall request in connection with any Environmental Requirements or Environmental Damages, and the Lessee shall promptly acknowledge, swear to, sign or otherwise fully execute the same. The Lessee agrees that any of the foregoing may be filed by the Port Authority with the appropriate governmental authority on behalf of the Lessee at the Lessee’s cost and expense. Further, the Lessee agrees unless directed otherwise by the Port Authority, to provide the Port Authority with copies of all information, documentation, records, correspondence, notices, certifications, reports, test results and all other submissions provided by the Lessee to a governmental authority and by a governmental authority to the Lessee within two (2) Business Days that the same are made available to or received by the Lessee with respect to any Environmental Requirements. In the event any Hazardous Substance is discovered on the Premises, the Lessee in reporting such Hazardous Substance shall direct such report to the attention of such individual at the subject governmental authority as the Port Authority shall require.


Section 9.1 Duty of Maintenance and Repair.

Throughout the term of the letting under this Agreement, the Lessee shall assume the entire responsibility for, and shall relieve the Port Authority from all responsibility for, all care, maintenance, repair and rebuilding whatsoever in the Premises. Without limiting the generality of the foregoing, and subject in all events to the provisions of the MOA and the MOA Maintenance Guidelines, throughout the term of the letting hereunder the Lessee shall:

(i) remove snow and ice from the pedestrian walkways and driveways located on the Premises, from the sidewalks contiguous to the Premises and from the vehicular roadways and parking areas located on the Premises;

(ii) maintain and make all necessary repairs and replacements to the foundations, exterior walls and the structural supporting frame and roof of the Building and make all other necessary structural repairs to the Building, and maintain and make necessary repairs to all utility lines and systems located on the Premises where the responsibility to repair such utility lines and systems is not that of utility companies or other third parties;

(iii) take good care of the Premises and the Building and all parts thereof and make all structural or non—structural, ordinary or extraordinary repairs thereto and maintain the same in good condition and perform all necessary preventive maintenance, including, but not limited to, painting if required as the necessity arises therefor regardless of the cause of the condition requiring the same, and perform periodic inspections of the Building and its facilities for the purpose of determining whether any repairs or maintenance are required, so that at the expiration or termination of the letting and all times during the letting hereunder, the Building (or a reconstruction of all or any part thereof) will be in as good condition as it was upon the completion of the construction (or reconstruction) thereof, or, in the case of improvements made during the letting hereunder (other than improvements made to prepare space in the Building for occupancy by any subtenant), in as good condition as at the time of the installation or construction thereof, in each case except for reasonable wear and tear which does not adversely affect the watertight condition or structural integrity of the Building or other structures on the Premises or adversely affect the permitted use of the Building or such structures;

(iv) repair any damage to the paving or other exterior surfaces of the Premises; and

(v) supply (where required by reason of food service operations), replace, install, repair, maintain and keep clean, or cause the same to be done, all grease traps in all drainage pipes used exclusively in connection with the operation of the Building, whether such pipes are located on the Premises or elsewhere.

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