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     (7) For the period from June 1, 2015 through May 31, 2016, One Million Eight HundredFifty-Three Thousand Seven Hundred One and 88/100 ($1,853,701.88) Dollars ($154,475.16 permonth);     (8) For the period from June 1, 2016 through May 31, 2017, One Million Nine HundredNine Thousand Three Hundred Twelve and 93/100 ($1,909,312.93) Dollars ($159,109.41 permonth);     (9) For the period from June 1, 2017 through May 31, 2018, One Million Nine HundredSixty-Six Thousand Five Hundred Ninety-Two and 32/100 ($1,966,592.32) Dollars($163,882.69 per month); and     (10) For the period from June 1, 2018 through May 31, 2019, Two Million Twenty-FiveThousand Five Hundred Ninety and 09/100 ($2,025,590.09) Dollars ($168,799.17 per month).     The annual rates set forth above shall be payable in equal monthly installments, in advance,without notice and without offset or deduction of any kind;     B. Three Month’s Rent Concession. Tenant shall not be required to pay any fixed rentfor the months of June and July, 2009, and also for the month of May, 2019, provided and so long asTenant is not then in default (beyond any applicable notice and/or cure period) of this Lease;     C. Change in Base Year; Percentage Share. Effective as of and with respect to theperiod after June 1, 2009, the base year for the calculation of Tenant’s share of real estate taxespursuant to Article Fifty-First shall be New York City Fiscal Year 2009/2010. The partiesacknowledge that pursuant to Article Seventy-Third of the Lease, the “Supplemental PremisesCommencement Date” (as defined therein) occurred, and that the Tenant’s share as set forth inArticle Fifty-First and elsewhere in this Lease is and shall continue to be 7.097%.     D. Change in Security. Tenant’s security is increased to $618,837.93, and, on orbefore April 1, 2009, Tenant shall deliver to Landlord an amendment to the existing letter ofcredit in form and content reasonably acceptable to Landlord and in accordance with thesubparagraph B. of Insert 37.2. to the Lease, whereby the total amount of said letter of credit isincreased to said amount;     E. Change in Certain Charges. Effective as of and with respect to the period afterJune 1, 2009, Tenant’s payment under Article Forty-First shall be $400.00 per month, and Tenant’spayment under Article Sixty-Second shall be $350.00 per refrigeration ton per year.     F. Additional Space. Article Seventieth, relating to the possibility of obtainingadditional space on the nineteenth floor, is hereby deleted.     G. Non-Disturbance. Landlord agrees to promptly make written request of the holder(s)of any existing mortgage or underlying lease for a non-disturbance agreement in favor of Tenantwhich provides, in substance, that so long as Tenant is not in default of any of the terms,covenants, conditions and agreements of this Lease beyond any applicable notice and/or cure period,Tenant’s possession of the demised premises shall not be disturbed, provided, at the option of saidholder(s), Tenant shall execute, acknowledge, and deliver to said holder(s), within ten (10) daysafter request therefor, a subordination, non-disturbance and attornment agreement (“SNDA”), in formcustomarily required by said holder(s). Nothing herein shall be deemed to require Landlord to makeany expenditure or incur any liability or obligation in connection with such request, and thisLease shall be unaffected by the failure to obtain any such SNDA.
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     Tenant’s subordination of this Lease to any future mortgage or underlying lease, however,shall be subject to receipt by Tenant of a non-disturbance agreement in favor of Tenant whichlikewise provides, in substance, that so long as Tenant is not in default of any of the terms,covenants, conditions and agreements of this Lease beyond any applicable notice and/or cure period,Tenant’s possession of the demised premises shall not be disturbed, provided, at the option of saidholder(s), Tenant shall execute, acknowledge, and deliver tosaid holder(s), within ten (10) days after request therefor, an SNDA in form customarily requiredby said holder(s).     H. Existing Signage. Landlord hereby approves Tenant’s existing signage located atthe entrances to the demised premises and in the lobby directory.     I*. *Repairs. Landlord shall use reasonable diligence in the making ofrepairsrequired to be made by Landlord pursuant to this Lease. The foregoing shall not require Landlord toemploy overtime or premium labor or incur anyother special charges, and shall be subjectto delays occurring by reason of force majeure.     J. Real Estate Taxes and Electricity. Within ten (10) days after Tenant’s writtenrequest with respect to each bill delivered by Landlord to Tenant for Tenant’s payment of its shareof real estate taxes, and for Tenant’s payment of electricity consumed with respect to the demisedpremises, including the air-conditioning unit(s) serving the same, Landlord shall provide a copy ofthe applicable tax bills from the taxing authority, and reasonable documentation regarding thecalculation of Tenant’s electricity charge, respectively. Tenant agrees that any dispute withrespect to the same shall not entitle Tenant to delay payment of the subject bill or otherwiseset-off any disputed amount; instead Tenant shall pay the same when due, and separately pursue itsclaim of overpayment. If and to the extent that Tenant’s payments on account of real estate taxesare payable on an estimated basis in accordance with the Lease, Tenant’s right to request thetaxing authority’s bill shall arise when said bill is issued to Landlord.     K. Calculation of Real Estate Tax Refund. In the tenth line of the third paragraphof Article Fifty-First, the words “Tenant’s proportionate share of” are deemed inserted before thewords “all expenditures paid.”     L. Notices. The addressee set forth in Insert 40.1 is deemed deleted and thefollowing is inserted in lieu thereof: “Fried, Frank, Harris, Shriver & Jacobson LLP, One New YorkPlaza, New York, New York 10004; Attention: Jonathan L. Mechanic, Esq.”     M. Miscellaneous. In the event of any inconsistencies between provisions set forth inthe original printed portion of the Lease and those in the Rider thereto, the provisions of theRider shall prevail. In the ninth line of Article Thirty-Seventh, the words “of Lessee” arereplaced with the words “or Lessee.” In the second sentence of the last paragraph of ArticleSixty-Eighth, the word “remove” is deemed inserted after the words “Tenant shall not be requiredto.” In the last line of paragraph Sixty-Ninth A., the word “Seventieth” is replaced with the word“Sixty-Sixth.”     N. Assignment and Subletting. The following changes are made to Article Sixty-Sixth:          (i) In the sixth line of Subparagraph B.3, the words “for the term set forth in theprospective sublease and otherwise” are deemed inserted after the words “from Tenant”;          (ii) In the second line of Subparagraph C.(iii), the word “material” is deemed inserted beforethe words “non-monetary default”;          (iii) Subparagraph C.(v) is deemed deleted;          (iv) In the fifth line of Subparagraph C.(x), the words “, unless Landlord does not have(or
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will not have within three (3) months following such request for consent) comparable spaceavailable for lease in either of said buildings” are deemed inserted after the words “date Tenantenters into negotiations with same)”;          (v) The text of Subparagraph C.(xi) is deemed deleted and the following in inserted inlieu thereof: “(xi) Tenant shall not have advertised or publicized in any way the availability ofthe Premises withoutprior notice to and approval by Landlord, which approval shall not be unreasonably withheld solong as the same does not identify the rental sought or payable by Tenant, it being agreed,however, that Landlord will not unreasonably withhold its consent to the listing of the Premisesfor subletting (without mention of any rental) with a reputable broker selected by Tenant.”          (vi) In the first line of Subparagraph F.(4), the words “sixty (60) days” are deemeddeleted and the words “forty-five (45) days” are inserted in lieu thereof.     O. Electricity. Notwithstanding anything to the contrary contained in the firstsentence of the third paragraph of Article Thirtieth, Landlord shall provide a total demand load ofnot less than five (5) watts per usable square foot with respect to the demised premises, exclusiveof electricity for the existing air-conditioning unit(s) serving the demised premises.     3. Mutual Estoppel. Tenant acknowledges that (i) all obligations under the Lease tobe performed by Landlord have been fully performed and satisfied, (ii) no circumstance or eventexists which with the giving of notice or the passage of time, or both, would constitute a defaultby Landlord under the Lease, (iii) no claim of offset, counterclaim or deduction to any rent orother sum due or to become due thereunder exists, and (iv) the Lease is a valid and subsistingobligation binding and enforceable against Tenant in accordance with its terms, as modified hereby.Landlord acknowledges that (i) all obligations under the Lease to be performed by Tenant have beenfully performed and satisfied, (ii) no circumstance or event exists which with the giving of noticeor the passage of time, or both, would constitute a default by Tenant under the Lease, (iii) noclaim of offset, counterclaim or deduction to any rent or other sum due or to become due thereunderexists, and (iv) the Lease is a valid and subsisting obligation binding and enforceable againstLandlord in accordance with its terms, as modified hereby.     4. No Broker. Tenant and Landlord each represent and warrant to the other that it didnot have any conversations or negotiations with any broker concerning the Lease, this Agreement orthe renting of the demised premises. Tenant and Landlord each agree to indemnify, defend and holdthe other harmless from and against any and all demands, actions, liabilities, fees, costs, andexpenses, including reasonable attorneys’ fees, incurred by the other as a consequence of itsbreach of representation and warranty herein.     5. Ratification. Except as above set forth herein, all of the terms, covenants andconditions of the Lease shall remain in full force and effect as heretofore written, and the Leaseis ratified and confirmed in every respect.     6. Binding Nature. This Agreement and the provisions hereof shall not be binding onthe part of the Landlord unless and until a fully executed counterpart thereof is delivered toTenant. It is specifically understood and agreed by the parties hereto that this Agreementconstitutes their entire understanding regarding the subject matter hereof, and all prior oral orwritten understandings are superseded hereby. It may not be modified except by a written agreementsigned by the parties. Facsimile signatures hereto shall be deemed original signatures for allpurposes. If this Agreement is not countersigned and unconditionally returned to Tenant or Tenant’sattorneys within three (3) business days after the same is delivered to Landlord, Tenant, by noticeto Landlord, may elect to withdraw its offer to enter into this Agreement.
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     IN WITNESS WHEREOF, this Agreement has been executed as of the day and year first abovementioned.         G & S REALTY 1, LLC           By: /s/ Robert Savitt            BERNARD CHAUS, INC.           By: /s/ David Stiffman           Name: David Stiffman    Title: Chief Operating Officer  
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