Common use of Elevators Clause in Contracts

Elevators. Landlord shall make available to Tenant at least one freight elevator serving the 1270 Space, the 50 Rock Space and the storage portion of Retail Space #1 upon Tenant’s prior request, on a non-exclusive “first come, first serve” basis with other tenants of 1270 Avenue of the Americas and/or 50 Rockefeller Plaza, on all Business Days from 8:00 a.m. to 12:00 noon, and from 1:00 p.m. to 5:00 p.m. If Tenant shall require freight elevator service at any other times (“Overtime Periods”), Tenant must deliver notice (which may be delivered via facsimile if Landlord generally permits tenants in the Center to notify Landlord of the need for overtime services using this notice method) to Landlord’s property management office serving 1270 Avenue of the Americas and/or 50 Rockefeller Plaza, requesting such freight elevator service at least 24 hours prior to the time at which such service is to be provided, but Landlord shall use reasonable efforts (without obligation to incur any additional cost) to arrange for freight elevator service during Overtime Periods on such shorter notice as Tenant shall provide. Tenant shall pay to Landlord Landlord’s then established rates for supplying freight elevator service during Overtime Periods which shall be the rate charged generally to tenants at 1270 Avenue of the Americas and/or 50 Rockefeller Plaza. In the event that Tenant desires to provide an entrance to the Club (as defined in Article 40) through the lobby at 1270 Avenue of the Americas, Landlord and Tenant shall cooperate with one another to reach agreement on satisfactory arrangements which address to Landlord’s reasonable satisfaction Landlord’s security and operational concerns regarding such usage by Tenant; provided that Landlord prohibiting any such usage during Business Hours shall conclusively be deemed to be reasonable and provided further that all expenses in connection with such usage of the lobby at 1270 Avenue of the Americas shall be borne by Tenant. Landlord shall be under no obligation to provide passenger elevator service to any Ancillary Space except to the extent Landlord may agree to do so with respect to the 1270 Space in connection with the usage of the lobby at 1270 Avenue of the Americas as an entrance to the Club as above provided.

Elevators. Landlord Landlord, at its expense, shall make available provide passenger elevator service to Tenant the Premises at all times, and at least one freight elevator serving the 1270 Space, the 50 Rock Space and the storage portion of Retail Space #1 Premises available upon Tenant’s prior request, on a non-exclusive “first come, first serve” basis with other tenants of 1270 Avenue of the Americas and/or 50 Rockefeller PlazaBuilding tenants, on all Business Days from 8:00 a.m. to 12:00 noon, 11:45 a.m. and from 1:00 p.m. to 5:00 4:45 p.m. If Tenant Landlord shall require freight at all times during the Term provide at least 2 passenger elevators serving the Premises from 8:00 a.m. to 6:00 p.m. on Business Days, subject to normal maintenance, repair obligations and Unavoidable Delays. Landlord, upon Tenant’s request and at Tenant’s reasonable expense, shall create openings and install hatch doors and related mechanisms and hardware on the 17th Floor Premises (as hereinafter defined) to permit up to two of the elevator service at any other times (“Overtime Periods”), Tenant must deliver notice (which may be delivered via facsimile if Landlord generally permits tenants cabs in the Center to notify Landlord “high rise” elevator bank of the need for overtime services using this notice methodBuilding (the “Designated Elevator(s)”) to provide service (on a non-exclusive basis) between the floors currently served by such high rise elevator cabs and the 17th floor of the Premises and reprogram such elevator cabs, at Landlord’s property management office serving 1270 Avenue of the Americas and/or 50 Rockefeller Plazaexpense, requesting such freight elevator service at least 24 hours prior to the time at which such service is to be provided, but Landlord shall use reasonable efforts (without obligation to incur any additional cost) to arrange for freight elevator service during Overtime Periods on such shorter notice as Tenant shall provide. Tenant shall pay to Landlord Landlord’s then established rates for supplying freight elevator service during Overtime Periods which shall be the rate charged generally to tenants at 1270 Avenue of the Americas and/or 50 Rockefeller Plaza. In the event that Tenant desires to provide an entrance to the Club (as defined in Article 40) through the lobby at 1270 Avenue of the Americassuch service, Landlord and Tenant shall cooperate with one another to reach agreement on satisfactory arrangements which address to Landlord’s reasonable satisfaction Landlord’s security and operational concerns regarding such usage by Tenant; provided that Landlord prohibiting any such usage during Business Hours shall conclusively be deemed to be reasonable the Named Tenant then leases and the Named Tenant and/or Related Entities thereof then occupy the 17th Floor Premises under the Lease and provided further that all expenses such elevator cabs may continue to provide service to other floors in connection such elevator bank or otherwise. Notwithstanding the foregoing, if Landlord determines, after consultation by Landlord with an independent third party elevator consultant selected by Landlord at Tenant’s reasonable expense, in Landlord’s reasonable judgment, that such usage reprogramming of the lobby at 1270 Avenue Designated Elevator(s) unreasonably interferes with the provision of the Americas shall be borne by Tenant. Landlord shall be under no obligation to provide passenger elevator service to any Ancillary Space other tenants in the Building during “normal business hours”, then such use shall be restricted to “non-peak” hours (for the purposes of this Lease, “non-peak” hours shall mean all hours except for 8:00 a.m. to the extent Landlord may agree 10:00 a.m., 12:00 p.m. to do so with respect 2:00 p.m. and 4:00 p.m. to the 1270 Space in connection with the usage of the lobby at 1270 Avenue of the Americas as an entrance to the Club as above provided6:00 p.m.).

Elevators. Landlord A. Owner, at Owner's expense, shall make furnish passenger elevator facilities as set forth in Section 29.01.C on business days (as defined in Section 31.01) from 7:00 A.M. to 7:00 P.M. and on Saturdays from 7:00 A.M. to 1:00 P.M. and shall have each passenger elevator available as needed at all other times for the same to provide service at the level set forth in the specifications listed in Schedule 2 to Addendum A hereof. Except as hereinafter set forth, Owner, at Owner's expense, shall furnish adequate freight elevator facilities on business days from 7:00 a.m. to 6:00 p.m. subject to such reasonable rules as Owner may adopt for the use of any freight elevator. Owner agrees to provide during the Demised Term from and after the date upon which Owner shall have completed Owner's Initial Construction such facility by designating one (1) of the freight elevators shown on the Basic Building Plans (as defined in Addendum A) (the "Designated Freight Elevator") for the exclusive use of Tenant during the days and hours set forth above for freight elevators, provided, however, that Owner shall have the right to use the Designated Freight Elevator for its own use or the use of other tenants in the Building as and when necessary in Owner's reasonable opinion (for reasons including, without limitation, periods of outage of the other freight elevators) and provided, further, that Owner shall not have such right in the event that such use by Owner will result in an unreasonable diminution of the freight elevator facilities to be provided to Tenant at least one under the provisions of this Section. Tenant 111 acknowledges that Tenant shall not have the exclusive use of any other freight elevator serving in the 1270 SpaceBuilding, provided, however, Tenant shall have the 50 Rock Space and right to use the storage portion of Retail Space #1 upon Tenant’s prior request, Building's other freight elevator on a non-exclusive “first comebasis, first serve” basis together with Owner's own use and the use of other tenants in the Building, (i) prior to the date upon which Owner shall have completed Owner's Initial Construction, (ii) during such periods that Owner shall be using the Designated Freight Elevator for its own use or the use of other tenants in the Building, (iii) during periods when the Designated Freight Elevator is not operational and (iv) at such other times as needed by Tenant, subject to the needs of Owner and the other tenants of 1270 Avenue the Building. At any time or times all or any of the Americas and/or 50 Rockefeller Plazaelevators in the Building may, on all Business Days from 8:00 a.m. to 12:00 noonat Owner's option, be automatic elevators, and from 1:00 p.m. Owner shall not be required to 5:00 p.m. furnish any operator service for automatic elevators. If Tenant shall require freight elevator service Owner shall, at any other times (“Overtime Periods”)time, Tenant must deliver notice (which may be delivered via facsimile if Landlord generally permits tenants in elect to furnish operator service for any automatic elevators, Owner shall have the Center right to notify Landlord of the need for overtime services using this notice method) to Landlord’s property management office serving 1270 Avenue of the Americas and/or 50 Rockefeller Plaza, requesting such freight elevator service at least 24 hours prior to the time at which discontinue furnishing such service is to be provided, but Landlord shall use reasonable efforts (without obligation to incur any additional cost) to arrange for freight elevator service during Overtime Periods on such shorter notice as Tenant shall provide. Tenant shall pay to Landlord Landlord’s then established rates for supplying freight elevator service during Overtime Periods which shall be the rate charged generally to tenants at 1270 Avenue of the Americas and/or 50 Rockefeller Plaza. In the event that Tenant desires to provide an entrance to the Club (as defined in Article 40) through the lobby at 1270 Avenue of the Americas, Landlord and Tenant shall cooperate with one another to reach agreement on satisfactory arrangements which address to Landlord’s reasonable satisfaction Landlord’s security and operational concerns regarding such usage by Tenant; provided that Landlord prohibiting any such usage during Business Hours shall conclusively be deemed to be reasonable and provided further that all expenses in connection with such usage of the lobby at 1270 Avenue of the Americas shall be borne by Tenant. Landlord shall be under no obligation to provide passenger elevator service to any Ancillary Space except to the extent Landlord may agree to do so with respect to the 1270 Space in connection with the usage of the lobby at 1270 Avenue of the Americas same effect as an entrance if Owner had never elected to the Club as above providedfurnish such service.

Elevators. Landlord Commencing on the date Tenant shall make available occupy the Demised Premises for the conduct of business, Landlord, at its expense, shall provide public elevator service, passenger and freight (subject to Tenant at least one freight elevator serving the 1270 Space, the 50 Rock Space Building rules and the storage portion of Retail Space #1 upon Tenant’s prior request, regulations and on a non-exclusive “first come, first serve” basis with other tenants serve basis), by elevators serving the floors on which the Demised Premises are situated during business hours of 1270 Avenue of the Americas and/or 50 Rockefeller Plaza, on all Business Days from 8:00 a.m. to 12:00 noonbusiness days, and from 1:00 p.m. shall have at least one passenger elevator subject to 5:00 p.m. call at all other times, subject however to Landlord's right to stop or interrupt such service pursuant to the provisions of Section 19.04. If Tenant shall require desires to use the freight elevators during hours other than those designated by Landlord as freight elevator service at any other times business hours for the Building (“Overtime PeriodsFreight Business Hours”), Tenant must deliver notice shall pay to Landlord, as additional rent, Landlord's then established Building charges and such usage shall be subject to then established Building regulations therefor (which may be delivered via facsimile if include a minimum number of hours) and Tenant shall provide Landlord generally permits tenants in the Center to notify Landlord of the need with at least one (1) full business day's prior written notice thereof. Landlord’s 2021 Building standard charge for overtime services using this notice methodafter-hours freight elevator use is $248.00 per hour per car (with a two (2) car minimum) subject to Landlord’s property management office serving 1270 Avenue increases in costs from time to time during the Term. Tenant shall be required to use the freight elevator only during hours other than Freight Business Hours, subject to the terms of this lease, for any move into or out of the Americas and/or 50 Rockefeller Plaza, requesting such Demised Premises and the movement of any construction materials or equipment into or out of the Demised Premises. Any use by Tenant of the freight elevators shall be permitted only if Tenant is not in default under this lease and shall be subject to Building regulations and the schedule established by Landlord for Building occupants and use by Landlord. Tenant shall be permitted use of after-hours freight elevator service at least 24 free of charge for the Initial Work in the Demised Premises for a period of not more than one hundred seventy-five (175) hours in the aggregate, which may be utilized in separate time periods consisting of not less than four (4) consecutive hours each (unless such use is continuous to Tenant’s use during business hours, in which event the minimum of four (4) hours shall not apply) (“Free After-Hours Freight”), and otherwise subject to scheduling and the terms of this lease provided, however, all such Free After-Hours Freight must be utilized prior to the time at which such service is to be provided, but Landlord shall use reasonable efforts (without obligation to incur any additional cost) to arrange date Tenant occupies the Demised Premises for freight elevator service during Overtime Periods on such shorter notice as Tenant shall provide. Tenant shall pay to Landlord Landlord’s then established rates for supplying freight elevator service during Overtime Periods which shall be the rate charged generally to tenants at 1270 Avenue operation of its business in the Americas and/or 50 Rockefeller Plaza. In the event that Tenant desires to provide an entrance to the Club (as defined in Article 40) through the lobby at 1270 Avenue of the Americas, Landlord and Tenant shall cooperate with one another to reach agreement on satisfactory arrangements which address to Landlord’s reasonable satisfaction Landlord’s security and operational concerns regarding such usage by Tenant; provided that Landlord prohibiting any such usage during Business Hours shall conclusively be deemed to be reasonable and provided further that all expenses in connection with such usage of the lobby at 1270 Avenue of the Americas shall be borne by Tenant. Landlord shall be under no obligation to provide passenger elevator service to any Ancillary Space except to the extent Landlord may agree to do so with respect to the 1270 Space in connection with the usage of the lobby at 1270 Avenue of the Americas as an entrance to the Club as above providednormal course.