Exhibit 10.1
LEASE
DOLP 1133 PROPERTIES II LLC
as Landlord
to
TAKE-TWO INTERACTIVE SOFTWARE, INC.
as Tenant
Date: as of December 12, 2016
Premises
1133 Avenue of the Americas and 110 West 44th Street
New York, New York 10036
TABLE OF CONTENTS
ARTICLE
PAGE
ARTICLE 1
PREMISES; TERM; DEFINITIONS
4
ARTICLE 2
COMMENCEMENT OF TERM
14
ARTICLE 3
RENT
15
ARTICLE 4
ADJUSTMENT OF RENT, ESCALATION
17
ARTICLE 5
USE
24
ARTICLE 6
SERVICES AND EQUIPMENT
27
ARTICLE 7
ELECTRIC
35
ARTICLE 8
ASSIGNMENT, SUBLETTING, MORTGAGING
37
ARTICLE 9
SUBORDINATION, NON-DISTURBANCE, ESTOPPEL CERTIFICATE
45
ARTICLE 10
ENTRY; RIGHT TO CHANGE PUBLIC PORTIONS OF THE BUILDING
48
ARTICLE 11
LAWS, ORDINANCES, REQUIREMENTS OF PUBLIC AUTHORITIES
50
ARTICLE 12
REPAIRS
51
ARTICLE 13
ALTERATIONS; FIXTURES
52
ARTICLE 14
LANDLORD'S AND TENANT'S RIGHT TO PERFORM THE OTHER'S OBLIGATIONS
58
ARTICLE 15
NO LIABILITY OF LANDLORD
58
ARTICLE 16
INSURANCE
60
ARTICLE 17
DAMAGE BY FIRE OR OTHER CAUSE
63
ARTICLE 18
CONDEMNATION
65
ARTICLE 19
BANKRUPTCY
66
ARTICLE 20
DEFAULTS AND REMEDIES; WAIVER OF REDEMPTION
68
ARTICLE 21
COVENANT OF QUIET ENJOYMENT
69
ARTICLE 22
SURRENDER OF PREMISES
69
ARTICLE 23
DEFINITION OF LANDLORD
70
ARTICLE 24
NOTICES
70
ARTICLE 25
ARBITRATION
71
ARTICLE 26
RULES AND REGULATIONS
73
ARTICLE 27
BROKER
73
ARTICLE 28
ZONING RIGHTS
73
ARTICLE 29
SECURITY DEPOSIT
74
ARTICLE 30
WINDOW CLEANING
74
1
ARTICLE 31
CONSENTS
74
ARTICLE 32
MISCELLANEOUS
75
ARTICLE 33
SUCCESSORS AND ASSIGNS
80
ARTICLE 34
HAZARDOUS MATERIALS
80
ARTICLE 35
INTENTIONALLY OMITTED
81
ARTICLE 36
SUBMISSION TO JURISDICTION
81
ARTICLE 37
LANDLORD'S WORK AND TENANT'S WORK
81
ARTICLE 38
RENEWAL OPTION
88
ARTICLE 39
EXPANSION OPTION
91
ARTICLE 40
AMENITY PREMISES
91
ARTICLE 41
EXTERIOR SIGNAGE
96
ARTICLE 42
PRIVATE ENTRANCE
97
ARTICLE 43
BUILDING EMERGENCY GENERATOR
103
ARTICLE 44
SETBACKS
103
ARTICLE 45
TENANT'S CONTRACTION OPTION
110
EXHIBIT A-1
FLOOR PLANS - THE OFFICE SPACE
EXHIBIT A-2
FLOOR PLAN - THE PRIVATE ENTRANCE
EXHIBIT A-3
FLOOR PLAN - THE AMENITY PREMISES
EXHIBIT A-4
FLOOR PLANS - SETBACKS
EXHIBIT B
CLEANING SPECIFICATIONS
EXHIBIT C
RULES AND REGULATIONS
EXHIBIT D
BUILDING STANDARDS
EXHIBIT D-1
LIST OF APPROVED CONTRACTORS
EXHIBIT E
LANDLORD'S WORK
EXHIBIT F
LETTER OF CREDIT
EXHIBIT G
SAMPLE INSURANCE CERTIFICATE
EXHIBIT H
EXTERIOR SIGNAGE
EXHIBIT I
FORM OF NON-DISTURBANCE AGREEMENT FOR EXISTING MORTGAGE
EXHIBIT I-1
FORM OF NON-DISTURBANCE AGREEMENT FOR FUTURE MORTGAGE
EXHIBIT J
RETURNED SPACE
EXHIBIT K
LIMITATIONS ON BUILDING NAMING RIGHTS
EXHIBIT L
TENANT'S CONTRACTORS
EXHIBIT M-1
SECURITY DEPOSIT
EXHIBIT M-2
PAYMENT INSTRUCTIONS AND RENT COMMENCEMENT DATE
EXHIBIT M-3
TENANT'S PERCENTAGES
EXHIBIT M-4
EXPENSE STATEMENT DISPUTE COSTS
EXHIBIT M-5
SERVICE CHARGES
EXHIBIT M-6
INITIAL AFTER-HOURS FREIGHT ELEVATOR SERVICE
EXHIBIT M-7
TENANT'S REMEDIES FOR UTILITY, SERVICE OR ACCESS INTERRUPTIONS
2
EXHIBIT M-8
ELECTRICAL CAPACITY
EXHIBIT M-9
ADDITIONAL LANDLORD OBLIGATIONS IN CONNECTION WITH NON-DISTURBANCE AGREEMENTS
EXHIBIT M-10
TENANT'S OFFSET RIGHTS
EXHIBIT M-11
NOTICE
EXHIBIT M-12
CURRENT BUILDING SECURITY SYSTEM
EXHIBIT M-13
ADDITIONAL LIMITED REMEDY IN CONNECTION WITH CONSENTS
EXHIBIT M-14
TENANT'S WORK AMOUNTS
EXHIBIT M-15
LIMITATIONS ON THE RENEWAL