ANY SUBTENANT
WHICH RELATE TO (1) ANY FINANCIAL OR SALES REPORTS OF SUCH SUBTENANT OR (2) TO
ANY OTHER COMPONENTS OF LOBBY SUBLEASE SPACE ADJUSTED GROSS REVENUES.
(E)
LANDLORD AND TENANT CONTESTS.
ANY STATEMENT PREPARED BY OR ON BEHALF OF
LANDLORD PURSUANT TO SECTION 3.13(C) HEREOF OR THE RESULTS OF ANY AUDIT
CONDUCTED BY OR ON BEHALF OF LANDLORD PURSUANT TO SECTION 3.13(A) HEREOF SHALL
BE CONCLUSIVE AND BINDING UPON TENANT UNLESS TENANT NOTIFIES LANDLORD WITHIN ONE
HUNDRED EIGHTY (180) DAYS AFTER RECEIPT THEREOF THAT IT DISPUTES THE CORRECTNESS
OF SUCH STATEMENT OR RESULTS, WHICH NOTICE SHALL SPECIFY THE PARTICULAR
42
RESPECTS IN WHICH THE SAME IS CLAIMED TO BE INCORRECT, AND TENANT PAYS THE
AMOUNT IN DISPUTE IN ACCORDANCE WITH SUCH STATEMENT OR RESULTS, WITHOUT
PREJUDICE TO TENANT'S POSITION.
IF LANDLORD AND TENANT ARE UNABLE TO RESOLVE
SUCH DISPUTE WITHIN TWENTY (20) BUSINESS DAYS AFTER RECEIPT OF TENANT'S NOTICE,
THE DISPUTE SHALL BE SUBMITTED TO ARBITRATION FOR RESOLUTION PURSUANT TO
SECTION 16.2 HEREOF.
SECTION 3.14
ILLEGALITY.
IF ANY CHARGES SHALL BE OR BECOME
UNCOLLECTIBLE, REDUCED OR REQUIRED TO BE REFUNDED BECAUSE OF ANY RENT CONTROL OR
SIMILAR ACT OR LAW ENACTED BY A GOVERNMENTAL AUTHORITY, TENANT SHALL ENTER INTO
SUCH AGREEMENT(S) AND TAKE SUCH OTHER STEPS AS LANDLORD MAY REASONABLY REQUEST
AND AS MAY BE LEGALLY PERMISSIBLE TO PERMIT LANDLORD TO COLLECT THE MAXIMUM
AMOUNTS WHICH FROM TIME TO TIME DURING THE CONTINUANCE OF SUCH RENT CONTROLS MAY
BE LEGALLY PERMISSIBLE (AND NOT IN EXCESS OF THE AMOUNTS RESERVED THEREFOR UNDER
THIS LEASE).
UPON THE TERMINATION OF SUCH RENT CONTROLS OR SIMILAR ACT OR LAW,
(A) THE CHARGES IN QUESTION SHALL BECOME AND THEREAFTER BE PAYABLE IN ACCORDANCE
WITH THE AMOUNTS RESERVED HEREIN FOR THE PERIODS FOLLOWING SUCH TERMINATION, AND
(B) TENANT SHALL PAY TO LANDLORD, UP TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE,
AN AMOUNT EQUAL TO (I) THE AMOUNT OF ANY CHARGES IN QUESTION WHICH WOULD HAVE
BEEN PAID PURSUANT TO THIS LEASE BUT FOR SUCH RENT CONTROLS MINUS (II) THE
AMOUNTS WITH RESPECT TO ANY SUCH CHARGES PAID BY TENANT DURING THE PERIOD SUCH
RENT CONTROLS WERE IN EFFECT.
SECTION 3.15
ADMINISTRATIVE CODE SECTION 11-208.1.
FOR AS LONG AS 42DP
OR THE CITY IS LANDLORD AND TO THE EXTENT THAT THE ADMINISTRATIVE CODE OF THE
CITY OF NEW YORK SECTION 11-208.1 (OR SUCCESSOR THERETO) IS THEN IN FORCE AND
EFFECT, TENANT SHALL SUBMIT INCOME AND EXPENSE STATEMENTS OF THE TYPE REQUIRED
BY SUCH CODE SECTION (OR SUCCESSOR THERETO) AS IF TENANT WERE THE "OWNER" OF THE
LEASED UNIT AS SUCH TERMS ARE USED IN SAID SECTION 11-208.1, SUCH STATEMENTS TO
BE SUBMITTED WITHIN THE TIME PERIODS AND TO THE ADDRESS PROVIDED FOR IN SAID
SECTION 11-208.1, AND SHALL SUBMIT THE SAME NOTWITHSTANDING THAT 42DP OR THE
CITY HOLDS FEE TITLE TO THE PROPERTY, THAT THE PROPERTY MAY THEREFORE NOT BE
"INCOME-PRODUCING PROPERTY" AS THAT CONCEPT IS USED IN SECTION 11-208.01, OR
THAT PILOT RATHER THAN REAL ESTATE TAXES ARE BEING PAID WITH RESPECT TO THE
PROPERTY.