Common use of Use and Occupancy Clause in Contracts

Use and Occupancy. Section 2.1 Tenant shall use and occupy the Premises for the Permitted Use and for no other purpose. Tenant shall not use or occupy or permit the use or occupancy of any part of the Premises in any manner not permitted hereunder, or which would materially and adversely affect (a) the functioning of the Building Systems, (b) the use and occupancy of any part of the Building by any other tenant or other occupant, or (c) the appearance of the Building. Section 2.2 Tenant shall not use or permit the Premises or any part thereof to be used: (a) for the business of printing or other manufacturing of any kind, (b) as a retail branch of a bank or savings and loan association, or as a retail loan company, as a retail stock broker’s or dealer’s office, (c) for the storage of merchandise, (d) for the distribution, by mail-order or otherwise, of merchandise, (e) as a restaurant or bar or for the sale of food or beverages, (f) as a news or cigar stand, (g) as an employment agency, labor union office, school, physician’s or dentist’s office, dance or music studio, (h) as a ▇▇▇▇▇▇ shop or beauty salon, (i) for the sale, at retail or otherwise, of any goods or products, (j) by the United States Government, the City or State of New York, any Governmental Authority, any foreign government, the United Nations or any agency or department of any of the foregoing or any Person having sovereign or diplomatic immunity, (k) for the rendition of medical, dental or other therapeutic or diagnostic services, or (1) for the conduct of an auction. Section 2.3 (a) Landlord shall not be subject to any liability for failure to give possession of the Premises on the Commencement Date and the validity of this Lease shall not be impaired under such circumstances, nor shall the same be construed to extend the term of this Lease, except that Fixed Rent and Additional Rent shall be abated until possession of the Premises shall be delivered to Tenant. The foregoing shall constitute an express negation of Section 223-a of the New York Real Property Law or any successor law or ordinance, which shall be inapplicable hereto, and Tenant hereby waives any right to rescind this Lease which Tenant might otherwise have thereunder.

Use and Occupancy. Section 2.1 Tenant shall use and occupy the Premises for the Permitted Use and for no other purpose. Tenant shall not use or occupy or permit the use or occupancy of any part of the Premises in any manner not permitted hereunder, or which in Landlord’s judgment would materially and adversely affect (a) the functioning proper and economical rendition of any service required to be furnished to any tenant or other occupant of the Building SystemsBuilding, (b) the use and occupancy or enjoyment of any part of the Building by any other tenant or other occupant, or (c) the appearance appearance, character or reputation of the Building. Section 2.2 Tenant shall not use or permit the Premises or any part thereof to be used: (a) for the business of printing or other manufacturing of any kind, (b) as a retail branch of a bank or savings and loan association, or as a retail loan company, as a retail stock broker’s or dealer’s office, (c) for the storage of merchandise, (d) for the distribution, by mail-order or otherwise, of merchandise, (e) as a restaurant or bar or for the sale of food or beverages, (f) as a news or cigar stand, (g) as an employment agency, labor union office, school, physician’s or dentist’s office, dance or music studio, (h) as a ▇▇▇▇▇▇ shop or beauty salon, (i) for the sale, at retail or otherwise, of any goods or products, (j) by the United States Government, the City or State of New York, any Governmental Authority, any foreign government, the United Nations or any agency or department of any of the foregoing or any Person having sovereign or diplomatic immunity, (k) for the rendition of medical, dental or other therapeutic or diagnostic services, or (1) for the conduct of an auction. Section 2.3 (a) Landlord shall not be subject to any liability for failure to give possession of the Premises on the Commencement Date and the validity of this Lease shall not be impaired under such circumstances, nor shall the same be construed to extend the term of this Lease, except that Fixed Rent and Additional Rent shall be abated until possession of the Premises shall be delivered to Tenant. The foregoing shall constitute an express negation of Section 223-a of the New York Real Property Law or any successor law or ordinance, which shall be inapplicable hereto, and Tenant hereby waives any right to rescind this Lease which Tenant might otherwise have thereunder.

Use and Occupancy. Section 2.1 Tenant shall use and occupy the Premises for the Permitted Use and for no other purpose. Tenant shall not use or occupy or permit the use or occupancy of any part of the Premises in any manner not permitted hereunder, or which in Landlord's judgment would materially and adversely affect (a) the functioning proper and economical rendition of any service required to be furnished to any tenant or other occupant of the Building SystemsBuilding, (b) the use and occupancy or enjoyment of any part of the Building by any other tenant or other occupant, or (c) the appearance appearance, character or reputation of the Building. Section 2.2 Tenant shall not use or permit the Premises or any part thereof to be used: (a) for the business of printing or other manufacturing of any kind, (b) as a retail branch of a bank or savings and loan association, or as a retail loan company, as a retail stock broker’s 's or dealer’s 's office, (c) for the storage of merchandise, (d) for the distribution, by mail-order or otherwise, of merchandise, (e) as a restaurant or bar or for the sale of food or beverages, (f) as a news or cigar stand, (g) as an employment agency, labor union office, school, physician’s 's or dentist’s 's office, dance or music studio, (h) as a ▇▇▇▇▇▇ shop or beauty salon, (i) for the sale, at retail or otherwise, of any goods or products, (j) by the United States Government, the City or State of New York, any Governmental Authority, any foreign government, the United Nations or any agency or department of any of the foregoing or any Person having sovereign or diplomatic immunity, (k) for the rendition of medical, dental or other therapeutic or diagnostic services, or (1l) for the conduct of an auction. Section 2.3 (a) Landlord shall not be subject to any liability for failure to give possession of the Premises on the Commencement Date and the validity of this Lease shall not be impaired under such circumstances, nor shall the same be construed to extend the term of this Lease, except that Fixed Rent and Additional Rent shall be abated until possession of the Premises shall be delivered to Tenant. The foregoing shall constitute an express negation of Section 223-a of the New York Real Property Law or any successor law or ordinance, which shall be inapplicable hereto, and Tenant hereby waives any right to rescind this Lease which Tenant might otherwise have thereunder. (a) Landlord hereby grants to Tenant the right to use the Setback Premises for the installation and operation of Tenant's HVAC System (as defined in Section 9.3(d)), subject to the terms and conditions of this Lease and to all Legal Requirements, at no additional charge except as provided in Section 2.5(c). Tenant covenants and agrees that the use of the Setback Premises shall be at the sole risk of Tenant, and that Landlord makes no representations as to whether such use is permitted by Legal Requirements, or whether the Setback Premises are suitable for such use. Tenant shall maintain general public liability insurance and other insurance coverages as required by this Lease with respect to the Setback Premises. (b) Except as otherwise set forth in this Lease, Tenant agrees to accept the Setback Premises in their "as is" condition on the Commencement Date, and Landlord shall have no obligation to make any alterations, improvements, repairs or decorations to the Setback Premises or to incur any expense in order to prepare the Setback Premises for Tenant's use thereof in accordance with Section 2.5(a). Landlord shall not be obligated to supply any services of any kind whatsoever to the Setback Premises. Tenant shall take good care of and shall maintain and repair (including the prompt and diligent repair of any roof leaks) the Setback Premises throughout the Term of this Lease all in accordance with the terms of this Lease. (c) Subject to all of the foregoing, and to compliance with the provisions of Article 3 hereof, Tenant, at its sole cost and expense, shall have the right to remove a portion of the existing windows separating the Setback Premises from the Premises, and to furnish and install an access door in place of the removed windows. Tenant and its employees and contractors shall have the right, at all times, to enter upon and examine the Setback Premises and to make such repairs, replacements and improvements as Tenant may deem necessary or desirable, subject to the provisions of Article 3 hereof. (d) The Setback Premises shall consist of an area of approximately 50 usable square feet of space at a location within the shaded area shown on Exhibit A, to be designated by Tenant in its reasonable judgment by notice to Landlord given within sixty (60) days following the Commencement Date (the "Setback Notice"), subject to Landlord's approval, which shall not be unreasonably withheld or delayed. In the event that Tenant shall determine, in its reasonable judgment, that Tenant requires additional roof area adjacent to the area of the Setback Premises, and shall so request in the Setback Notice, then Landlord will make such additional roof space (the "Additional Setback Area") available to Tenant for the uses set forth in Section 2.5(a), provided that such area is then available and reasonably suitable for such uses. If Landlord makes the Additional Setback Area available to Tenant pursuant hereto, Tenant shall pay to Landlord, as Additional Rent, an annual amount equal to (i) during the period from the date Landlord makes the Additional Setback Area available to Tenant through the Rent Increase Date, the product of the usable square foot area of the Additional Setback Area, multiplied by Fifteen and 00/100 Dollars ($15.00), and (ii) during the period from the Rent Increase Date through the Expiration Date, the product of the usable square foot area of the Additional Setback Area, multiplied by Eighteen and 00/100 Dollars ($18.00). Such Additional Rent shall be payable by Tenant in equal monthly installments in advance, on the first day of each month during the Term.

Use and Occupancy. Section SECTION 2.1 Tenant shall use and occupy the Premises for the Permitted Use and for no other purpose. Tenant shall not use or occupy or permit the use or occupancy of any part of the Premises in any manner not permitted hereunder, or which in Landlord's reasonable judgment would materially and adversely affect (a) the functioning proper and economical rendition of any service required to be furnished to any tenant or other occupant of the Building SystemsBuilding, (b) the use and occupancy or enjoyment of any part of the Building by any other tenant or other occupant, or (c) the appearance appearance, character or reputation of the Building. Section SECTION 2.2 Tenant shall not use or permit the Premises or any part thereof to be used: (a) for the business of printing or other manufacturing of any kind, (b) as a retail branch of a bank or savings and loan association, or as a retail loan company, as a retail stock broker’s 's or dealer’s 's office, (c) for the storage of merchandise, (d) for the distribution, by mail-order or otherwise, of merchandise, (e) as a restaurant or bar or for the sale of food or beverages, (f) as a news or cigar stand, (g) as an employment agency, labor union office, school, physician’s 's or dentist’s 's office, dance or music studio, (h) as a barb▇▇ ▇▇▇▇▇▇ shop p or beauty salon, (i) for the sale, at retail or otherwise, of any goods or products, (j) by the United States Government, the City or State of New York, any Governmental Authority, any foreign government, the United Nations or any agency or department of any of the foregoing or any Person having sovereign or diplomatic immunity, (k) for the rendition of medical, dental or other therapeutic or diagnostic services, or (1l) for the conduct of an auction. Section 2.3 (a) Landlord shall not be subject to any liability for failure to give possession of the Premises on the Commencement Date a particular date and the validity of this Lease shall not be impaired under such circumstances, nor shall the same be construed to extend the term of this Lease; provided, except however, that Landlord agrees to use commercially reasonable efforts to deliver possession of the Premises with Landlord's Work Substantially Completed as provided in Section 4.2(a) within ninety (90) days after the date on which this Lease is executed and delivered to Tenant by Landlord. Notwithstanding the foregoing, if Landlord fails to deliver possession of the Premises to Tenant with Landlord's Work Substantially Completed within one hundred eighty (180) days after the date on which this Lease is executed and delivered to Tenant by Landlord, and such failure is not due to Unavoidable Delays or Tenant Delays, then as Tenant's sole and exclusive remedy for such failure to deliver possession of the Premises, Tenant shall have the right to terminate this Lease by notice to Landlord given within ten (10) days of such one hundred eighty (180) day period, such termination to be effective on the date which is ten (10) days after the date such notice is given, upon which date this Lease shall come to an end and terminate, subject to the provisions of Section 2.3(b). Landlord shall return the Security Deposit (as defined in Section 29.1) to Tenant, together with all prepaid Fixed Rent and Additional Rent Rent, if any, and thereafter neither party shall be abated until have any liability to the other hereunder. (b) Notwithstanding anything to the contrary contained herein, if Tenant shall give Landlord a notice of termination of this Lease pursuant to Section 2.3(a), and Landlord shall deliver possession of the Premises with Landlord's Work Substantially Completed to Tenant at any time within ten (10) days following Landlord's receipt of such notice by Tenant, such termination shall be delivered void and of no force and effect, and Tenant shall have no further right to Tenant. terminate this Lease pursuant to this Section 2.3. (c) The foregoing shall constitute an express negation of Section 223-a of the New York Real Property Law or any successor law or ordinance, which shall be inapplicable hereto, and Tenant hereby waives any right to rescind this Lease which Tenant might otherwise have thereunder.

Use and Occupancy. Section 2.1 Subject to Section 2.3 below, Tenant shall may use and occupy the Premises for the Permitted Use as general and executive offices, as a computer training facility, uses incidental to those uses and for no other purpose. Tenant covenants and agrees that the Premises shall not use or occupy or permit be open to the use or occupancy of any part of general public, and access to the Premises in any manner not permitted hereundershall be limited to employees, or which would materially pre-registered invited guests and adversely affect (a) the functioning visitors of the Building Systems, (b) the use and occupancy of any part of the Building by any other tenant or other occupant, or (c) the appearance of the BuildingTenant. Section 2.2 (A) Tenant shall not use the Premises or any part thereof, or permit the Premises or any part thereof to be used: , (a1) for the business of printing photographic, multilith or other multigraph reproductions or offset printing, or a manufacturing business of any kindkind (2) for a banking, trust company, depository, guarantee or safe deposit business, (b3) as a retail branch of savings bank, a bank or savings and loan association, or as a retail loan company, (4) for the sale of travelers checks, money orders, drafts, foreign exchange or letters of credit or for the receipt of money for transmission, (5) as a retail stock brokerstockbroker’s or dealer’s office, (c) for the storage of merchandise, (d) for the distribution, by mail-order or otherwise, of merchandise, (e) as a restaurant or bar office or for the underwriting or sale of food or beveragessecurities, (f) as a news or cigar stand, (g) as an employment agency, labor union office, school, physician’s or dentist’s office, dance or music studio, (h) as a ▇▇▇▇▇▇ shop or beauty salon, (i) for the sale, at retail or otherwise, of any goods or products, (j6) by the United States Governmentgovernment, the City or the State of New York, any Governmental Authority, any foreign government, the United Nations or any agency or department of any of the foregoing or any other Person having sovereign or diplomatic immunity, (k7) as a restaurant or bar or for the sale of confectionery, soda or other beverages, sandwiches, ice cream or baked goods or for the preparation, dispensing or consumption of food or beverages in any manner whatsoever, except for consumption by Tenant’s partners, employees and business guests, (8) for the rendition of medical, dental or other therapeutic or diagnostic services, or (19) for the conduct of a public auction, (10) for the sale at retail of any products, (11) as an auctionemployment agency, executive search firm or similar enterprise, labor union, school, or vocational training center (except for the training of employees of Tenant intended to be employed at the Premises or as otherwise set forth in this Article 2), or (12) as a ▇▇▇▇▇▇ shop or beauty salon. The provisions set forth in subparagraphs 2, 3 and 5 of this Section 2.2(A) shall not restrict the use of the Premises as executive offices for any of the businesses described in said subparagraphs 2,3 and 5. (B) In connection with, and incidental to, Tenant’s use of the Premises for general and executive offices as provided in this Article 2, Tenant, at its sole cost and expense and upon compliance with all applicable Requirements, may install a “dryer” or similar unit in the Premises for the purpose of warming food for the employees and business guests of Tenant (but not for use as a public restaurant), provided that Tenant shall obtain all permits required by any Governmental Authorities for the operation thereof and such installation shall comply with the provisions of this Lease, including, without limitation, Article 3 hereof. Tenant may also install, at its sole cost and expense and subject to and in compliance with the provisions of Articles 3 and 4 hereof, vending machines for the exclusive use of the officers, employees and business guests of Tenant, each of which vending machines (if it dispenses any beverages or other liquids or refrigerates) shall have a waterproof pan located thereunder or refrigerant recovery system connected to a drain. Section 2.3 (a) Landlord shall not be subject to any liability for failure to give possession As set forth in Section 2.1 above, one of the permitted uses of the Premises is as a computer training facility. Tenant covenants and agrees that it will operate the facility in a manner consistent with Landlord’s security procedures for the Building. Without limiting the generality of the foregoing, Tenant will provide Landlord on a daily basis with the Commencement Date names of all persons visiting the Premises in advance of their arrival on that day together with authorization for access to the Premises of those persons whose names have been provided to Landlord so that Landlord’s personnel are not required to contact Tenant to ascertain the authorization for access to the Premises of any visitor. If this procedure is not followed, Landlord may require Tenant to provide additional personnel to coordinate, in a manner satisfactory to Landlord in its sole discretion, access and security functions with Landlord. In addition to the foregoing, Landlord shall have the right in its sole and absolute discretion to institute reasonable procedures which Tenant covenants and agrees to comply with at its sole expense governing the entrance and exit of Tenant’s visitors to and from the Premises and the validity of Building. Nothing contained in this Lease Article 2 shall not be impaired under such circumstances, nor shall the same be construed to extend the term of this Lease, except that Fixed Rent and Additional Rent shall be abated until possession of allow Landlord to deny access to the Premises shall be delivered to by any of Tenant. The foregoing shall constitute an express negation of Section 223’s employees, guests and visitors whether or not invited or pre-a of registered, as the New York Real Property Law or any successor law or ordinance, which shall be inapplicable hereto, and Tenant hereby waives any right to rescind this Lease which Tenant might otherwise have thereundercase may be.

Use and Occupancy. Section 2.1 Tenant shall use and occupy the Premises for the Permitted Use and for no other purpose. Tenant shall not use or occupy or permit the use or occupancy of any part of the Premises in any manner manner, not permitted hereunder, or which in Landlord’s judgment would materially and adversely affect (a) the functioning proper and economical rendition of any service required to be furnished to any tenant or other occupant of the Building SystemsBuilding, (b) the use and occupancy or enjoyment of any part of the Building by any other tenant or other occupant, or (c) the appearance appearance, character or reputation of the Building. Section 2.2 Tenant shall not use or permit the Premises or any part thereof to be used: (a) for the business of printing or other manufacturing of any kind, (b) as a retail branch of a bank or savings and loan association, or as a retail loan company, as a retail stock broker’s or dealer’s office, (c) for the storage of merchandise, (d) for the distribution, by mail-order or otherwise, of merchandise, (e) as a restaurant or bar or for the sale of food or beverages, (f) as a news or cigar stand, (g) as an employment agency, ; labor union office, school, physician’s or dentist’s office, dance or music studio, (h) as a ▇▇▇▇▇▇ shop or beauty salon, (i) for the sale, at retail or otherwise, of any goods or products, (j) by the United States Government, the City or State of New York, any Governmental Authority, any foreign government, the United Nations or any agency or department of any of the foregoing or any Person having sovereign or diplomatic immunity, (k) for the rendition of medical, dental or other therapeutic or diagnostic services, or (1) for the conduct of an auction. Section 2.3 (a) Landlord shall not be subject to any liability for failure to give possession of the Premises on the Commencement Date and the validity of this Lease shall not be impaired under such circumstances, nor shall the same be construed to extend the term of this Lease, except that Fixed Rent and Additional Rent shall be abated until possession of the Premises shall be delivered to TenantTenant with Landlord’s Work Substantially Completed as provided in Section 4.2. The foregoing shall constitute an express negation of Section 223-a of the New York Real Property Law or any successor law or ordinance, which shall be inapplicable hereto, and Tenant hereby waives any right to rescind this Lease which Tenant might otherwise have thereunder.

Use and Occupancy. Section 2.1 (a) Tenant shall use and occupy the Premises for the Permitted Use and for no other purpose. Tenant shall not use or occupy or permit the use or occupancy of any part of the Premises in any manner not permitted hereunder, or which in Landlord's reasonable judgment would materially and adversely affect (a) the functioning rendition of any service required to be furnished to any tenant or other occupant of the Building SystemsBuilding, (b) the use and occupancy or enjoyment of any part of the Building by any other tenant or other occupant, or (c) the appearance of the Building. (b) Tenant, incidental to its executive, administrative and general office use, shall have the right to use a portion or portions of the Premises (i) for storage of office supplies and (ii) as a pantry or pantries for use solely by Tenant, which may contain reheating but not cooking equipment, including items such as a microwave, coffee maker, sink, ice maker, dishwasher, hot water heater and refrigerator, upon and subject to the satisfaction of the following conditions, at Tenant's sole cost and expense and subject to and in accordance with all applicable Legal Requirements and the provisions of this Lease (including the provisions of Article 3) and with such other reasonable regulations as Landlord may adopt from time to time in accordance with the provisions of Article 26: (x) no cooking or other preparation of food (other than the reheating of food by microwave and the preparation of beverages) shall be done in any such pantry, (y) no food or beverages will be kept or served in the Premises in a manner or under any conditions which result in fumes or odors being emitted from, or detectable outside of, the Premises, and (z) such portion or portions of the Premises shall be at all times maintained by Tenant in a clean and sanitary condition and free of refuse (including use of extermination services whenever reasonably required). Section 2.2 Tenant shall not use or permit the Premises or any part thereof to be used: (a) for the business of printing or other manufacturing of any kind, (b) as a retail branch of a bank or savings and loan association, or as a retail loan company, or as a retail stock broker’s 's or dealer’s 's office, (c) except as permitted herein, for the storage of merchandise, (d) for the distribution, by mail-order or otherwise, of merchandise, except in connection with Tenant's business of selling books at retail by means of the Internet, (e) as a restaurant or bar or for the sale of food or beverages, (f) as a news or cigar stand, (g) as an employment agency, labor union office, school, physician’s 's or dentist’s 's office, dance or music studio, (h) as a ▇▇▇▇▇▇ shop or beauty salon, (i) for the salesale to the public visiting the Premises, at retail or otherwise, of any goods or products, (j) by the United States Government, the City or State of New York, any Governmental Authority, any foreign government, the United Nations or any agency or department of any of the foregoing or any Person having sovereign or diplomatic immunity, (k) for the rendition of medical, dental or other therapeutic or diagnostic services, or (1l) for the conduct of an auction. Section 2.3 (a) Landlord anticipates that the Delivery Date for Space B will occur on January 1, 2000 and that the Delivery Date for Space C will occur on June 1, 2000; provided, however, that Landlord shall not be subject to any liability for failure of either such Delivery Date to give possession of the Premises occur on the Commencement Date such dates (or on any other date or dates), and the validity of this Lease shall not be impaired under such circumstances, nor shall the same be construed to extend the term of this Lease, except that Fixed Rent and Additional Rent shall be abated until possession of the Premises shall be delivered to Tenant. The foregoing shall constitute an express negation of Section 223-a of the New York Real Property Law or any successor law or ordinance, which shall be inapplicable hereto, and Tenant hereby waives any right to rescind this Lease which Tenant might otherwise have thereunder. (b) Notwithstanding the foregoing provisions of Section 2.3(a), if the Delivery Date for Space B shall not occur on or before September 1, 2000, unless such failure is due to Tenant Delay, then, as Tenant's sole and exclusive remedy for such delay in the Delivery Date for Space B, Tenant shall have the right to terminate this Lease with respect to both Space B (subject to the final sentence of this Section 2.3(b)) and Space C. Tenant shall exercise such termination right by giving notice to Landlord no later than September 10, 2000, and such termination will be effective on the date which shall be thirty (30) days after the date such notice is given, upon which date this Lease with respect to Space B (subject to the final sentence of this Section 2.3(b)) and Space C shall come to an end and terminate, and thereafter neither party shall have any liability to the other hereunder with respect to Space B (subject to the final sentence of this Section 2.3(b)) and Space C; provided, however, however, that if the Delivery Date for Space B shall occur at any time within thirty (30) days following Landlord's receipt of such notice by Tenant, such termination shall be void and of no force and effect, and, subject to Tenant's rights pursuant to Section 2.3(c), Tenant shall have no further right to terminate this Lease with respect to Space B and Space C pursuant to this Section 2.3(b). Notwithstanding the foregoing, if Tenant shall terminate this lease with respect to Space B and Space C pursuant hereto, such termination shall not apply to that portion of Space B shown on Exhibit P (the "Remaining B Space"), and the Remaining B Space shall be deemed automatically to be added to the Premises as a part of Space A, the floor plan in Exhibit P shall be deemed added to Exhibit A, the provisions of Sections 1.1, 6.1(b), 6.4, and 31.1(a) shall be modified as provided in Exhibit P-1 (and any other appropriate adjustments shall be made to the amounts payable by Tenant on account of other items of Additional Rent to reflect such reduction in the Premises), and the provisions of Sections 2.3(a) and 2.3(d) shall apply as if the date of such termination with respect to Space B (except the Remaining B Space) and Space C were the Delivery Date for the Remaining B Space. (c) Notwithstanding the foregoing provisions of Section 2.3(a), if the Delivery Date for Space C shall not occur on or before February 1, 2001, unless such failure is due to Tenant Delay, then, as Tenant's sole and exclusive remedy for such delay in the Delivery Date for Space C, Tenant shall have the right to terminate this Lease with respect to Space C only, by notice to Landlord given no later than February 10, 2001, such termination to be effective on the date which shall be thirty (30) days after the date such notice is given, upon which date this Lease with respect to Space C only shall come to an end and terminate, and thereafter neither party shall have any liability to the other hereunder with respect to Space C. Notwithstanding anything to the contrary contained herein, if the Delivery Date for Space C shall occur at any time within thirty (30) days following Landlord's receipt of such notice by Tenant, such termination shall be void and of no force and effect, and Tenant shall have no further right to terminate this Lease with respect to Space C only pursuant to this Section 2.3(c). (d) In the event of any holding over by any tenant or occupant of Space B beyond January 1, 2000, or by any tenant or occupant of Space C beyond June 1, 2000, Landlord will (i) promptly take commercially reasonable actions to obtain possession of such Space, including commencing and diligently prosecuting (to completion, if necessary) appropriate legal proceedings against any such holdover tenant or occupant, and (ii) keep Tenant advised of the progress of such proceedings. (e) Landlord represents that to the best of its knowledge, as of the date of this Lease, the tenants and other occupants of each Space, and the respective expiration dates with respect to each such Space, are as set forth on Exhibit K attached to this Lease. Section 2.4 Tenant shall have the right to use the existing emergency stairwell shown on Exhibit N as a means of ingress and egress for Tenant's employees solely between the Premises and the premises demised pursuant to Tenant's Other Lease, provided that Tenant first installs a card-key security system satisfactory to Landlord which permits access to and from such stairwell solely for such purpose. Such installation by Tenant shall be deemed an Alteration for all purposes of this Lease. Landlord makes no representation with respect to the compliance with applicable Legal Requirements of Tenant's use of such stairwell pursuant to this Section 2.4.

Use and Occupancy. Section 2.1 Tenant shall use and occupy the Premises for the Permitted Use and for no other purpose. Tenant shall not use or occupy or permit the use or occupancy of any part of the Premises in any manner not permitted hereunder, or which in Landlord's judgment would materially and adversely affect (a) the functioning proper and economical rendition of any service required to be furnished to any tenant or other occupant of the Building SystemsBuilding, (b) the use and occupancy or enjoyment of any part of the Building by any other tenant or other occupant, or (c) the appearance appearance, character or reputation of the Building. Section 2.2 Tenant shall not use or permit the Premises or any part thereof to be used: (a) for the business of printing or other manufacturing of any kind, (b) as a retail branch of a bank or savings and loan association, or as a retail loan company, as a retail stock broker’s 's or dealer’s 's office, (c) for the storage of merchandise, (d) for the distribution, by mail-order or otherwise, of merchandise, (e) as a restaurant or bar or for the sale of food or beverages, (f) as a news or cigar stand, (g) as an employment agency, labor union office, school, physician’s 's or dentist’s 's office, dance or music studio, (h) as a ▇▇▇▇▇▇ shop or beauty salon, (i) for the sale, at retail or otherwise, of any goods or products, (j) by the United States Government, the City or State of New York, any Governmental Authority, any foreign government, the United Nations or any agency or department of any of the foregoing or any Person having sovereign or diplomatic immunity, (k) for the rendition of medical, dental or other therapeutic or diagnostic services, or (1l) for the conduct of an auction. Section 2.3 (a) Landlord shall not be subject to any liability for failure to give possession of the Premises on the Commencement Date and the validity of this Lease shall not be impaired under such circumstances, nor shall the same be construed to extend the term of this Lease, except that Fixed Rent and Additional Rent shall be abated until possession of the Premises shall be delivered to Tenant. The foregoing shall constitute an express negation of Section 223-a of the New York Real Property Law or any successor law or ordinance, which shall be inapplicable hereto, and Tenant hereby waives any right to rescind this Lease which Tenant might otherwise have thereunder.

Use and Occupancy. Section 2.1 Tenant 3.1. The Premises shall use be used and occupy the Premises occupied for the Permitted Use and for no other purpose. , Tenant shall not use or occupy or permit the use or occupancy of any part of the Premises in any manner not permitted hereunder, or which in Landlord’s reasonable judgment would materially and adversely affect (a) the functioning of the any Building Systems, (b) the use and occupancy or enjoyment of any part of the Building by any other tenant or other occupant, or (cd) the appearance or reputation of the Building. Section 2.2 3.2. Tenant shall not use or permit the Premises or any part thereof to be used: (a) for the business of printing or other manufacturing of any kind, (b) as a retail branch of a bank or savings and loan association, or as a retail loan company, or as a retail stock broker’s or dealer’s office, (c) for the storage of merchandise, (d) for the distributiondistribution of merchandise by internet, by mail-order or otherwise, of merchandise, (e) as a restaurant or bar or for the sale of food or beverages, (f) as a news or cigar stand, (g) as an employment agency, labor union office, school, physician’s or dentist’s office, dance or music studio, (h) as a ▇▇▇▇▇▇ shop or beauty salon, (i) for the sale, at retail or otherwise, of any goods or products, (j) by the United States Government, the City or State of New York, any Governmental Authority, any foreign government, the United Nations or Nations, any agency or department of any of the foregoing foregoing, or any Person having with sovereign or diplomatic immunity, (k) for the rendition of to provide medical, dental or other therapeutic or diagnostic services, or (1) for the conduct of an auction. Nothing set forth in this Section 3.2 or elsewhere in this Lease shall be deemed to prohibit Tenant or its Affiliates from providing the services described in Section 3.3(a) below, facilities, connectivity or other services to Persons engaged in or constituting any of the categories listed in this Section 3.2, so long as (i) such Persons have no possessory interest in the Premises, and (ii) the Premises are not used for any of the purposes prohibited hereunder. Section 2.3 3.3. (a) Landlord shall not hereby acknowledges Tenant will be subject to any liability for failure to give possession of providing a meet-me room facility (“Meet-Me Room Facility”) within the Premises on for the Commencement Date and the validity primary purposes of this Lease shall not be impaired under such circumstancesproviding Intra-facility carrier-neutral interconnections. As used herein, nor shall the same be construed to extend the term “Intra-faciliry” shall mean within a demised space located within the Building (as opposed to “Inter-facility,” which shall mean providing conduits or riser space from (i) the Building to other buildings or (ii) one leased premises to another leased premises within the Building or (iii) from a ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ (▇▇▇▇▇▇ ▇▇▇▇) to a leased premises within the Building). The term “facility” shall mean a demised space. Tenant hereby acknowledges that other tenants in the Building presently and in the future will provide Meet-Me Room Facilities for themselves and third parties. For a period of two years from the date of this Lease, except that Fixed Rent Landlord (i) will, commencing within thirty (30) days of the Commencement Date, provide a hyperlink to Tenant’s website on the Building’s website and Additional Rent (ii) will not identify any person or party specifically as a Meet-Me Room operator or provider of Meet-Me Room Facilities on the Building’s website or any other Landlord prepared formal printed materials relating to the marketing of its space in the Building other than the general listing of tenants’ names, provided, however, such restriction in (ii) above shall not apply to any document prepared by Landlord or its Affiliates in connection with its or their efforts to raise debt and/or equity financing. As used in this Lease, “Meet-Me Room Services” shall mean providing a conditioned environment within a facility in the Building for Intra-facility carrier-neutral interconnections. For the avoidance of doubt, nothing contained herein shall be abated until possession of the Premises shall be delivered to Tenant. The foregoing shall constitute construed as Landlord granting Tenant an express negation of Section 223-a of the New York Real Property Law or any successor law or ordinance, which shall be inapplicable hereto, and Tenant hereby waives any exclusive right to rescind this Lease which Tenant might otherwise have thereunderprovide Meet-Me Room Services in the Building.

Use and Occupancy. Section 2.1 3.1 Tenant shall use and occupy the Premises for the Permitted Use and for no other purpose. Tenant shall not use or occupy or permit the use or occupancy of any part of the Premises in any manner not permitted hereunder, or which in Landlord's reasonable judgment (taking into consideration the Permitted Use of the Premises and the general description of the Initial Alterations set forth in Exhibit L to this Lease) would materially and adversely affect (a) the functioning of the Building Systems, (b) the use and occupancy of any part of the Building by any other tenant or other occupant, or (c) the exterior appearance of the Building. Section 2.2 3.2 Tenant shall not use or permit the Premises or any part thereof to be used: (a) for the business of printing or other manufacturing of any kind, (b) as a retail branch of a bank or savings and loan association, or as a retail loan company, or as a retail stock broker’s 's or dealer’s 's office, (c) for the storage of merchandise, (d) for the distribution, by mail-order mailorder or otherwise, of merchandise, (e) as a restaurant or bar or for the sale of food or beverages, (f) as a news or cigar stand, (g) as an employment agency, labor union office, school, physician’s 's or dentist’s 's office, dance or music studio, (h) as a ▇▇▇▇▇▇ shop or beauty salon, (i) for the sale, at retail or otherwise, of any goods or products, (j) by the United States Government, the City or State of New York, any Governmental Authority, any foreign government, the United Nations or any agency or department of any of the foregoing or any Person having sovereign or diplomatic immunityimmunity (provided that any such Persons may be Colocation Users (as defined in Section 14.1(b)), (k) for the rendition of medical, dental or other therapeutic or diagnostic services, or (1) for the conduct of an auction. Section 2.3 (a) Except as set forth in this Section 3.3, Landlord shall not be subject to any liability for failure to give possession of the Premises any Space to Tenant on the Commencement Date any specific date, and the validity of this Lease shall not be impaired under such circumstances. If Landlord fails to deliver possession of any of the following Spaces in the condition required under this Lease on or before the following dates, nor which dates shall be extended by the same be construed to extend number of days resulting from Tenant Delays, as defined in Exhibit B, (each such date, an "Outside Date"): (i) Space A, Space B, the term Below-Grade Space, or the Basement Space, within ninety (90) days following the execution and delivery of this Lease; and (ii) the Roof Space, on or before January 31, 2001; then as Tenant's sole and exclusive remedy for such delay (except as provided in Sections 3.3(b) and (c)), Tenant shall receive a credit against Base Rent payable under this Lease on account of such delay, equal to (A) the daily Base Rent payable hereunder with respect to the Space not delivered to Tenant multiplied by the number of days that Tenant is actually delayed in opening such Space for the conduct of its business therein, plus (B) all the actual, reasonable out-of-pocket costs and expenses incurred by Tenant for overtime labor or other premium construction costs incurred as the result of Landlord's failure to deliver such Space to Tenant on the applicable Outside Date, to the extent such costs and expenses would not have been incurred by Tenant absent such failure by Landlord; provided, however, that in no event shall the credit against Base Rent to which Tenant is entitled hereunder on account of such delay exceed an amount equal to the daily Base Rent payable hereunder with respect to the Space not delivered to Tenant multiplied by the number of days from the applicable Outside Date until the Delivery Date for such Space. In the event of any dispute as to whether or not Tenant has been delayed in opening the applicable Space for the conduct of its business, or as to the amount of costs and expenses for which Tenant is entitled to a credit against Base Rent hereunder, such dispute shall be submitted to arbitration pursuant to Article 32. (b) In the event that Landlord fails to deliver possession of any of the following Spaces to Tenant with the elements of Landlord's Work and/or infrastructure work described below Substantially Completed on or before the following dates, which dates shall be extended by the number of days resulting from Tenant Delays: (i) Space A and Space B, with Landlord's Initial Work Substantially Completed, within ninety (90) days following the execution and delivery of this Lease; (ii) Space A and Space B, with Landlord's Additional Work Substantially Completed, on or before March 31, 2001; and (iii) the Roof Space, with the Roof Work and the Roof Support System Substantially Completed, on or before March 31, 2001; then Tenant, at its option, may elect to perform the then-incomplete portions of Landlord's Work and/or infrastructure work in or with respect to such Space (the "Incomplete Work"), provided that Tenant shall first notify Landlord specifying the Incomplete Work that Landlord has failed to timely perform, which notice shall indicate Tenant's election to perform the Incomplete Work at Landlord's expense. If Landlord shall, within thirty (30) days following receipt of Tenant's notice, fail to either (A) commence and thereafter diligently prosecute the Incomplete Work to Substantial Completion, or (B) provide reasonable evidence to Tenant demonstrating that Landlord's failure to complete the Incomplete Work was caused by Tenant Delay, Tenant may, following the expiration of such 30-day period, perform the Incomplete Work at Landlord's expense in accordance with the provisions of this Section 3.3(b). Landlord shall provide access to Tenant and otherwise cooperate with Tenant to effect the performance of the Incomplete Work. Upon Substantial Completion of the Incomplete Work (except with respect to Landlord's Additional Work), the Delivery Date for the applicable Space shall be deemed to have occurred. Landlord shall within thirty (30) days after a written demand therefor accompanied by reasonably detailed documentation thereof, including paid invoices, lien waivers, and a written certification from Tenant's architect that the Incomplete Work for which reimbursement is requested has been completed, reimburse Tenant for Tenant's actual, reasonable out-of-pocket costs incurred in connection with such Incomplete Work plus ten percent (10%) of such costs. (c) Notwithstanding the foregoing, in the event that Landlord fails to deliver possession of any of the following Spaces to Tenant on or before the following dates, which dates shall be extended by the number of days resulting from Tenant Delays (each of such dates, a "Termination Date"): (i) Space A or Space B, on or before December 31, 2000; and (ii) the Roof Space, on or before June 30, 2001; then provided Tenant shall not have elected to perform the Incomplete Work, Tenant shall have the right to terminate this Lease, by notice to Landlord given no earlier than the applicable Termination Date and no later than thirty (30) days following the applicable Termination Date, such termination to be effective thirty (30) days after the date such notice is given, and thereupon neither party shall have any liability to the other hereunder, except that Fixed Landlord shall return all prepaid Base Rent and Additional Rent Rent, and the Security Deposit, deposited by Tenant hereunder. Notwithstanding anything to the contrary contained herein, if the Delivery Date for such Space shall occur at any time within thirty (30) days following Landlord's receipt of Tenant's termination notice, such termination shall be abated until possession void and of the Premises no force and effect, and Tenant shall be delivered have no further right to Tenant. terminate this Lease pursuant to this Section 3.3. (d) The foregoing shall provisions of this Section 3.3 are intended to constitute "an express negation provision to the contrary" within the meaning of Section 223-a of the New York Real Property Law or any successor law or ordinanceLaw, which shall be inapplicable hereto, and Tenant hereby waives any right to rescind this Lease which Tenant might otherwise have thereunder.