Welcome to 1156 Avenue of the Americas

Transcription

1 Welcome to 1156 Avenue of the Americas On behalf of APF Properties, our management team and building staff, we extend to you a warm welcome to 1156 Avenue of the Americas. We are delighted to have you as our tenant and will do everything possible to make your occupancy enjoyable and rewarding. This Tenant Handbook is your resource for the various services and amenities that are offered at our building, as well as the general procedures, rules and regulations in place at 1156 Avenue of the Americas. However, if there is a conflict between the contents of your lease and the information in the Tenant Handbook, please be aware that the information in your lease is binding and should be followed. Communication is the most crucial element in ensuring your satisfaction as a tenant as well as adherence to the policies and procedures in this Tenant Handbook. To facilitate effective communication, APF Properties has brought landlord-tenant communications for each of our buildings into the 21 st century by contracting with Angus AnyWhere a web based, interactive work order/service request and information database system. The features of this system are explained in detail within this handbook. Additionally, tenants are requested to designate a tenant representative who will be the contact between your company and management. Your tenant representative will be responsible for making requests or reporting problems as well as conveying important information from our office to your employees. Please call us with any specific questions you may have regarding the information in this guide. We look forward to a long and pleasant relationship with you.

2 TABLE OF CONTENTS CONTACT INFORMATION OPERATIONS/SERVICES Angus AnyWhere Rent Payments Building Holidays Maintenance HVAC Telephone/Electric Service Trash Removal Recycling Mail Service Deliveries Messengers Freight Elevator Conference Center SECURITY Electronic Access Card Security Guard Building Access Office Security Solicitation Lost and Found EMERGENCY PROCEDURES Emergency Contacts Overview of Emergency Procedures Fire Procedures Medical Emergency Power Failure Bomb Threats POLICES AND PROCEDURES Rules and Regulations Moving Procedures Insurance Requirements Alterations and Remodeling Smoking

3 CONTACT INFORMATION APF Properties LLC (Managing Agent) Phone: (212) Fax: (212) West 44 th Street, 7 th Floor New York, NY Asset Manager (AM) Regina Taylor (for Tenant billing/lease Issues) rtaylor@apfproperties.com (212) Property Manager (PM) Carlos E Telleria (for Maintenance/Building Operations) ctelleria@apfproperties.com (212) Tenant Service Representative (TSR) Michelle Pullen (Tenant Service Issues) mpullen@apfproperties.com (212) Superintendant Marek Borkowski mborkowski@apfproperties.com (212) Building Security Guard (Lobby) (212) Lease Renewals or Expansions Joshua Goldman joshua.goldman@cushwake.com (212) David Rosenbloom david.rosenbloom@cushwake.com (212)

4 OPERATIONS/SERVICES Angus AnyWhere Providing exceptional customer service is of paramount importance to APF Properties. Therefore, in an effort to continually enhance our service delivery, APF Properties is pleased to announce the introduction of Angus AnyWhere a web based interactive work order/service request and information database system. Angus AnyWhere will enable your designated tenant representative to submit service requests via a custom Tenant Service web site. Once submitted, Angus AnyWhere will generate a confirmation number and dispatch the service request to the responsible party via handheld device or , greatly streamlining and documenting work order distribution. Once the requested work is completed, Angus AnyWhere will automatically notify the tenant via an message. The entire process is carefully monitored by APF Properties Tenant Service Representative (TSR). All tenants are set up with an Angus AnyWhere account by the TSR. Information about logging on and use of the system is also provided by the TSR. It is an extremely user friendly system and once set up can be accessed at: Please contact the TSR if you have any difficulty accessing or using the system. RENT PAYMENTS: All rent and additional rent payments are due and payable as defined in your lease on the first day of the month. Please return a copy of your statement along with your check. Please note that monthly statements are issued for your convenience. If your invoice is lost or misplaced, timely payment is still due per the terms in your lease and payable as follows: Payable to: 1156 APF LLC c/o Cushman & Wakefield of PA 1717 Arch Street, 30 th Floor Philadelphia, PA Wire transfer payments: Bank Name: HSBC USA NA Credit to: 1156 APF LLC ABA#: Account#:

5 Please forward all correspondence or inquiries to: 1156 APF LLC c/o APF Properties LLC 28 West 44 th Street, 7 th Floor New York, NY BUILDING HOLIDAYS The Building observes the following Federal Holidays: New Years Day Presidents Day Good Friday Memorial Day Independence Day (July 4 th ) Labor Day Thanksgiving Day Day after Thanksgiving Christmas Day Please be advised that on these specific days, the building will be open for your use however there will be no building services (including but not limited to HVAC, janitorial, freight and maintenance). Tenants can request services on these days from the TSR, at least one business day in advance, via Angus AnyWhere. MAINTENANCE: All requests for maintenance and supplementary cleaning services should be communicated exclusively through Angus AnyWhere. This includes removal of items requiring extra scheduling such as packing cartons, discarded office equipment and other non-compactable materials. In all cases of unusual waste, common sense rules apply: Wet rubbish must be properly stored and removed daily. Rubbish or discarded equipment should not be stored in elevators, corridors or stairwells for even short periods of time. Doing so is in violation of fire codes and building regulations. (See Trash Removal.) Although services are scheduled for evening and night hours, a cleaning crew is available during the day to maintain public areas and restrooms. Please request additional service only via Angus AnyWhere. Do not ask the day staff to perform additional services that might disrupt their schedules.

6 The public areas of the building are regularly inspected to ensure a high quality of maintenance. However should you see a problem arise, please contact the TSR via Angus AnyWhere HVAC SERVICE (HEATING, VENTILATION & AIR-CONDITIONING): The building provides seasonal heating and air-conditioning service from 8 a.m. to 6 p.m., Monday through Friday, excluding holidays. Should you require either of these services after hours, on holidays or weekends, please submit your request at least one day in advance on Angus AnyWhere. In the event that your office environment is not comfortable please do not attempt to make adjustments to the equipment on your own. Enter a request for service on Angus AnyWhere and we will make sure to promptly address your request. TELEPHONE & ELECTRIC SERVICE AREAS: Telephone, electric and HVAC equipment are located in closets within the core area of each floor to minimize interference with your use of office space. These closets are considered an integral part of the building s mechanical system and are not to be used for storage or any purposes other than their designated use. As the building systems are integrated and affect all tenants, only contractors who are pre-approved by APF Properties will be permitted access. Anyone requiring access for repair or installation work must apply in advance, through Angus AnyWhere. Major installations should also be coordinated with the superintendant in advance of the work. In all cases, contractors must be preapproved and proper Certificates of Insurance are required of every contractor and sub-contractor engaged in all repair or maintenance work. TRASH REMOVAL: Lobby personnel are instructed not to allow anyone to remove equipment, furniture, computers, etc. via the passenger elevators. All tenants are responsible for normal rubbish removal from their premises, and for all associated fees. Any additional carting arrangements should be made through the Angus AnyWhere. All rubbish must be bagged in heavy duty plastic bags, which the building staff will collect between 5 p.m. and 7 p.m. only. Wet rubbish, such as food etc., should be in a double bag. Items that cannot be bagged, and boxes that should

7 be broken down, are to be tied together in bundles. At approximately 7 p.m., rubbish is brought to the street to be picked up by carters. Do not deposit large items in the rear lobby areas without first contacting the superintendant. Tenants will be charged for the removal of such large items as desks and filing cabinets, computers, monitors, etc because our regular carter will not accept them. The TSR can advise you of the disposal rate for large items. If you do not make any pre-arrangements for the disposal of large items, they will be returned to your premises. RECYCLING: All commercial buildings and their tenants are required by NYC Law to sort recyclables. We ask that you join us in this effort to not only ensure that we are all in compliance with the law but to take the initiative and do the right thing to take care of our environment. The following is a summation of the required recycling protocol: Mixed paper, which includes high-grade white paper, newspapers, magazines, manila envelopes, paper bags, legal pads, colored paper, and any other dry paper item, should be placed either tied in bundles no higher then 18 or placed in a heavy duty plastic bag and stacked neatly in your suite, building staff will pick up between 5 p.m.-7 p.m., Monday - Friday. Flattened cardboard boxes are to be handled the same way. All non-paper waste, including food and food packaging should be placed in double heavy duty clear plastic bags and will be picked up by building staff between 5 p.m.-7 p.m., Monday - Friday. Glass, plastic and metals must also be separated and placed in clear plastic bags. We have contracted with our trash carting company to separate these items at the waste facility plant. In the event our building receives a violation for not sorting trash the bags at fault will be identified and the responsible tenant will be billed for the fine issued as a result of the violation. In addition to the above, all electronic equipment, computer monitors and computers are to be properly disposed of. Disposal of these items should be arranged via the Angus AnyWhere system. MAIL SERVICE: U.S. Post Office General Information: (212) Nearest Office: 23 West 43 rd Street New York, NY Open 9 a.m.-3 p.m., Monday through Friday

8 DELIVERIES: Passenger elevators are designed solely for transporting building tenants and their guests to and from their offices. All deliveries, other than small handcarried objects are restricted to hours specified on Fright Elevator usage. Firms involved in moving furniture and equipment must file a Certificate of Insurance with Building Management before freight elevator service can be scheduled. MESSENGERS/FOOD DELIVERIES: During normal business hours, all messengers and food deliveries (caterers) may access the building through passenger elevators. The messenger or delivery person will have to show ID and sign into the log book. Between the hours of 5 p.m. and 7 a.m. (after hours), messengers/delivery people will not be allowed upstairs into the building. The security guard will call your office and advise you that a messenger is in the lobby and that you must send someone down to receive your delivery. Please make sure that the messenger or delivery person has your contact information to avoid any delay in getting your delivery up to your office. FREIGHT ELEVATOR: 1156 Avenue of the Americas does not have a separate freight elevator; however we install special pads on one of the passenger cars in order to protect the interiors and flooring while bringing freight items into the building. Hours of freight deliveries are strictly enforced and can be reserved before 8 a.m. or after 6 p.m. Monday through Friday. All after-hours or extended use of the elevator and/or freight handling assistance must be scheduled, in advance, through Angus AnyWhere. CONFERENCE CENTER: Tenants are invited to use APF Properties state-of-the-art Conference Center which can accommodate up to 22 people. It is conveniently located on the 2 nd floor of 25 West 45 th Street. For additional information regarding rates and specific features offered in the Conference Center or to reserve time for your meetings, presentations or lectures please submit your request to the TSR via AnyWhere.

9 SECURITY ELECTRONIC BUILDING ACCESS CARDS: Every tenant will be issued an electronic access card which acts as both an identification for daily as well as after hours entry into the building. The TSR is responsible for issuing these cards. The safe keeping of the card is the tenant s responsibility. Your representative should alert our TSR if a card is lost or if an employee has left your company and the card needs to be deactivated. Replacement or additional cards can be requested via Angus AnyWhere. Your authorized representative will need to submit a Card Key Access Form. SECURITY GUARD: Security personnel are located in the lobby and are on duty starting at 7 a.m. until 11 p.m., Monday Friday and from 8 a.m. 4 p.m. on Saturday. Through use of digital video cameras and direct inspection, the staff monitors the elevator lobbies, passenger elevators, freight elevators and freight entrance and controls access to the upper floors of the building. Security staff members are in radio contact with the building superintendant and are trained in emergency response. The security guards have been instructed to adhere to the rules of entry as detailed in the Electronic Access card section (above). No exceptions can be made to this rule in order to ensure the safety of all tenants. All visitors are required to show identification and sign-in. BUILDING ACCESS: The building is open to all tenants and visitors Monday through Friday 8 a.m. through 6 p.m. and from 8 a.m. 4 p.m. on Saturday. During these hours all visitors are requested to sign in at the lobby desk. From 9 p.m. through 8 a.m., Monday thru Friday and on holidays and weekends (except from 8 a.m. 4 p.m. on Saturday) the front door to the building is locked. Although there is a security guard on duty until 11 p.m., your electronic access card is required to gain access to the building. Before entering the elevators after-hours, tenants and their accompanied guests will be asked to sign in at the lobby desk. They also will be required to sign out upon leaving the building. Building staff will not unlock individual office suites.

10 OFFICE SECURITY: As in any office building in any city, theft can be a problem. Offices are normally unlocked during normal business hours and numerous delivery people and visitors are in the building throughout the day. Outlined below are several measures you can take to prevent theft in your office: Keep all doors locked after you leave the office. Instruct employees to keep valuables, including purses, in locked desks when unattended. Keep expensive items off desktops when not at desk Articles of value, including handbags and coats should not be left in unguarded reception areas or desks, even for a few minutes. Thoroughly mix the combination when closing a vault or safe. Do not leave the vault or safe combination on or in a desk. Notify the Property Manager or Superintendant when loiterers are observed in corridors or restrooms. Report peddlers and canvassers to Security. Special care should be taken during times offices might be most vulnerable to pilferage, i.e. thirty minutes after opening and during absence from work areas and office. Check wastebaskets at the end of the day to see if any equipment or other valuables may have been stored for later removal. Office equipment serial numbers should be recorded to aid police in recovering your property in the event of loss or theft. Lock suite entry door when entry area is unattended. Be certain to get possession of card keys from tenants no longer in your employ and alert our Tenant Service Representative to cancel these keys. In the event that something is discovered missing from your office, please call Security or the Property Manager and fill out an incident report outlining the details so we have a record in our files. It is up to the tenant s discretion as to whether the tenant desires to report the event to the police. SOLICITATION: Soliciting in the building is not permitted. If someone is soliciting in your suite, please notify the TSR and/or Security Guard and we will send appropriate personnel to have them escorted off the premises. LOST & FOUND: Please report any lost or found items to the Security Guard.

11 EMERGENCY PROCEDURES EMERGENCY CONTACTS: The TSR should periodically be provided with a list of emergency telephone numbers of key management personnel in your company who should be contacted in emergency situations. Tenants are requested to maintain a current list of their employees and to provide a copy to the TSR. IN AN EMERGENCY SITUATION CALL 911 AND FOLLOW THEIR INSTRUCTIONS. If possible, after calling 911, alert building management as follows: During business hours contact the Management Office: (212) For After-Hours following is a list of Building Emergency contacts: Front Desk (Security Guard): (212) Building Super (Marek Borkowski): (347) Property Manager (Carlos E Telleria): (917) Local Police Precinct: Midtown North Precinct 306 West 54 th Street New York, NY (212) Nearby Hospital: NYU Medical Center 550 First Avenue New York, NY (212) In the event of a Gas or Electric Emergency Call: CONED ( ) OVERVIEW OF EMERGENCY PROCEDURES: 1156 Avenue of the Americas has systems in place to best deal with and help minimize the effects of emergencies. The building is inspected periodically and monitored 24 hours a day, seven days a week. Safety systems meet or exceed all relevant fire and building codes. Fire Alarm systems include manual pull stations located on each floor near the stairwell exit doors and smoke detectors in strategic locations. Use of either system will notify both the Fire Department and the Fire Command Station at the first sign of a fire

12 At the first alert, elevators are automatically returned to the lobby. IN THE EVENT OF A FIRE DO NOT ATTEMPT TO USE THE ELEVATORS. Passive fire restraints include solid-core doors to prevent the spread of fire, and floors with a two-hour safety rating. The Fire Command Station, located in the main lobby, has direct communication with each floor. This network can be used to give verbal instructions or information to the occupants should the need arise. Key building management personnel carry two-way radios and the building operations staff stands ready to assist in any emergency under the direction of the Fire Department. Evacuation procedures are at the direction of the building staff that are trained and certified by the Fire Department as Fire Safety Directors and or Emergency Action Plan Directors. To insure that your building is adequately prepared in an emergency, we have contracted with an outside Fire Safety agency to conduct professional fire drills every six (6) months as directed by NYC Local Law #5. Please cooperate to ensure adequate safety measures are followed in the events of an actual emergency. FIRE PROCEDURES: In an emergency, the superintendant or an assigned delegate acts as Fire Safety Director with primary responsibility for assisting firefighters and coordinating the response of building staff and systems. The Fire Safety Director operates from a Fire Command Station located in the main lobby from which all mechanical, alarm and communications systems can be activated. The Fire Safety Director organizes and trains a Fire Brigade composed of building staff and is responsible for their equipment and state of readiness. The Fire Safety Director is also responsible for overseeing the designation and training of a Fire Warden for each floor and sufficient Deputy Fire Wardens for each tenant to meet Fire Department regulations. The Fire Safety Director maintains organization charts posted on each floor near the elevators next to the RED warden telephones listing members of current tenant emergency teams. The Fire Department takes the establishment, training, and commitment of Fire Wardens and Deputies very seriously. If the Fire Safety Director finds that individuals are neglecting their responsibilities, the Fire Safety Director is

13 required to inform the Building Management, who will in turn inform the tenant. If the tenant fails to correct the situation, the Fire Department will be notified. MEDICAL EMERGENCY: Time is extremely important in the case of a medical emergency. APF Properties recommends that all tenants keep a first aid kit, including emergency supplies, fully stocked and unlocked in their suite. It is the tenant s responsibility to make sure that employees are aware of its location and proper use of the supplies. Do not attempt to move an injured person unless it is necessary for safety reasons. The person who discovers the emergency should: 1. Call Give the dispatcher the following information a. Caller s name b. Nature of emergency c. Company name d. Physical address e. Suite/Floor number f. Telephone number 3. Report the emergency to the Security Desk. The Security Desk will direct Rescue Personnel to the site of the emergency. POWER FAILURE: In the event the building sustains a power failure, emergency lighting is available in the stairwells and public corridors. The emergency lighting is powered by both a battery back-up and photo-luminescent strips and markings. HVAC equipment, lights, outlets, elevators, and most telephone equipment will not be operational. Should a power failure occur and a building evacuation is in order, follow the instructions of the building EAP director who will either send someone to your suite directly or inform all tenants using the Fire Command Station battery backup system. Do not re-enter the building until instructed.

14 BOMB THREAT: If you receive a bomb threat by phone 1. Attract the attention of a co-worker discreetly and quietly while listening to the caller. Have the co-worker call 911 and request that the call be traced. 2. Get as much information as possible from the caller about the location and type of bomb, its detonation time and the reason for its placement. Ask about the bomb s appearance and who placed it. 3. Ask the caller to repeat parts of the message and make notes of any clues that might help the police: Is the caller male or female? Adult? Juvenile? Is the voice educated or coarse? Accented or otherwise distinguishable? Does the person seem angry, deliberate? Make notes of background noises. 4. Dial 911. Describe in detail the information you received on the phone. 5. Call the building superintendent who in turn will notify in-house security and other building staff. Should you receive a bomb threat in the mail, please bring it to the attention of your office management and follow steps 4 and 5 above. Be sure to keep the envelope and its contents for investigation and evaluation by the authorities. Likewise, should you receive a similar threat verbally by anyone on the premises of the building follow steps 4 and 5 above. The decision to inform other building occupants of the threat or to order an evacuation will be made by the Police Department. DO NOT TOUCH OR DISTURB ANY SUSPICIOUS OBJECT.

15 POLICIES AND PROCEDURES RULES & REGULATIONS: APF Properties is committed to providing quality office space managed with professionalism and an experienced eye to detail. Your help in maintaining these standards is greatly appreciated. The following common-sense rules protect everyone and are intended as a broad outline only. See your lease for a more specific enumeration of tenant s obligations. Please do not block the halls, elevators or other public spaces or use them for any purpose other than traveling to and from your offices. This rule prohibits storage of freight, merchandise, displays or showcases in any common area used by people outside your own premises. Please do not alter the exterior appearance of the building by installing signs, advertisements, notices or other graphics on exterior walls, or interior surfaces visible from outside, without prior permission from Management. Individual tenant signage is building standard. Tenants wishing to install their own signage outside their doors must get prior written approval from management. Signs installed without permission will be removed at the tenant s expense. Please do not use plumbing fixtures for other than their intended purpose. Depositing sweepings, rubbish, rags, chemical or other substances (particularly coffee grinds) in sinks, toilets or other plumbing fixtures can result in mechanical damage and repair charges to the tenant. Please do not disturb others. This rule prohibits any noise audible from the hallway or adjoining office suites whether created by musical instruments, radios, television sets, group activities or any other source. Please do not use your space for other than normal office activities. Except with prior approval, offices are not to be used for manufacturing, storage or sale of merchandise or property of any kind, at auction or otherwise. Other than ground level retail stores, all retail or public services are likewise prohibited. Building Management reserves the right to prohibit advertising which, in management s opinion, tends to impair the reputation of the building. Please do not store flammable fluids or any combustible, explosive or chemical substance in your office except that which is incidental to usual office occupancy. Tenants who would like to ride their bicycles to work should please contact the property manager for building regulations and information. We love pets but not everybody agrees so unfortunately they are not permitted in the building. Exceptions are made for seeing-eye dogs and conveyances required by physically disabled individuals.

16 Regular providers of outside services must be pre-approved by Building Management. Such service providers must comply with all building rules and regulations. Canvassing, soliciting and peddling of products or services are prohibited in the building. MOVING PROCEEDURES: In order to facilitate an orderly move, we ask your cooperation in the following these Move-in/Move-out procedures: Since 1156 does not have a freight elevator we pad a passenger elevator to make it usable as a freight car which is available for use by all tenants, subject to prior reservation and scheduling with the TSR via Angus AnyWhere. 1. Move-in/Move-out must take place after 6 p.m. on business days or on weekends. Overtime rates apply. 2. There is a minimum charge of four (4) hours on weekends. Please note that 24 hour notice is required for all cancellations or the minimum charges will apply. 3. The moving company must submit an insurance certificate prior to the start of any move. For information regarding requirements and insurance certificates refer to Insurance Requirements referenced in this Handbook. 4. The moving company must establish a firm arrival time with the TSR and provide the name and phone number of a contact person responsible for the move. 5. Employees of the moving company will not be permitted access to any part of the building other than the determined moving route. 6. The tenant shall be responsible for admitting tenant s moving contractor into tenant s leased premises and for ensuring that all suite entry doors are locked after move. The moving company should, at all times, be supervised by the tenant move coordinator or other representative from the tenant. 7. The tenant is responsible to protect all common areas (wall, floors, ceilings) where items will be transported. A pre-move walk-through by the PM, tenant s representative and moving company will be conducted prior to commencement of the move to ensure that this has been done. The tenant is responsible for any damage resulting from its move. 8. Passenger elevators are for transporting passengers only and may not be used for moving. 9. Safes and other large heavy objects cannot exceed the weight limitations of the freight elevator. Any questions should be directed to the TSR on the Angus AnyWhere.

17 10. Upon completion of your move-out please turn in your offices keys and building Access Cards to the Superintendant. INSURANCE REQUIREMENTS: All tenants are required to have a valid Certificate of Insurance on record with the Managing Agent as detailed in your lease. Failure to do so is a violation of your lease terms. A sample certificate can be requested via Angus AnyWhere from the TSR. In addition, it is the tenant s responsibility to ensure that prior to performing any work on the premises all contractors, sub-contractors and moving companies have a valid Certificate of Insurance on file with the building management as evidence of the following insurance coverage: (1) Property Insurance upon all tools, material and equipment (owned, borrowed or leased by the contractor or their employees) to the full replacement value thereof during the full term of this contract. This insurance shall insure against damage or loss caused by fire and all other perils covered by a standard "All Risk" insurance policy. Contractors agree to waive its right of subrogation against Owner, owner s agent and consultants. Failure of the contractor to secure and maintain adequate coverage shall not obligate Owner or its agents or employees for any losses. (2) Workers Compensation affording coverage under the Workers Compensation laws of the State of New York and Employers Liability coverage subject to a limit of no less than $1,000,000 each employee, $1,000,000 each accident, and $1,000,000 policy limit. (3) Commercial General Liability Insurance written on ISO form CG001 10/01 with limits of $1,000,000 per occurrence Bodily Injury and Property Damage Combined, $1,000,000 per occurrence Personal & Advertising Injury, $1,000,000 aggregate Products and Completed Operations Liability and $2,000,000 General (per project) Aggregate. The policy shall be written on an occurrence basis with no deductible. The policy shall not contain exclusions relating to: (a) contractual liability (b) independent contractors (c) gravity related injuries (d) injuries sustained by employee of an insured or any insured

18 Policy shall be endorsed to name Owner 1156 APF LLC as "additional insured" utilizing ISO Forms CG2010 and CG2037. The certificate holder should be listed as 1156 AVENUE OF THE AMERICAS. The certificate holder should be listed as 1156 APF LLC c/o c/o APF Properties LLC 25 West 45 th Street, New York, and the additional insured are: 1156 APF LLC, APF Properties LLC, Cushman & Wakefield of Pennsylvania, Inc., Cushman & Wakefield, 1156 APF LLC, HSBC Bank USA NA., Deutsche Bank Mortgage Capital LLC Further, insurance policy shall provide coverage for the "additional insured" shall apply on a primary basis irrespective of any other insurance, whether collectible or not. Completed Operations coverage shall remain in force for not less than three (3) years after completion of the work, including Owner as an additional insured. (4) Automobile Liability Insurance for Bodily Injury and Property Damage in the amount of $1,000,000 combined and covering all owned, non-owned and hired vehicles. Policy shall include Owner as additional insured. (5) Umbrella Liability Insurance for the total limit purchased by Contractor but, not less than a $5,000,000 limit providing excess coverage over all limits and coverages noted in paragraph 2, 3, and 4 above. This policy shall be written on an "occurrence" basis and shall cover Owner as additional insured. All policies (except automobile) shall allow for a Waiver of Subrogation in favor of Owner. All policies noted in above shall be written with insurance companies licensed to do business in the State of New York and rated no lower than A-8 in the most current edition of A.M. Best's Property-Casualty Key Rating Guide. (6) EVIDENCE (NOTICES) OF COMPLIANCE All policies shall be endorsed to provide that in the event of cancellation, non-renewal or material modification, Owner shall receive thirty (30) days prior written notice thereof. Contractor shall furnish Owner with Certificates of Insurance no later than (5) days prior to commencement of work and upon Owners request, shall provide owner with complete copies of the

19 aforementioned policies including all endorsements attached thereto evidencing compliance with all insurance provisions noted above. All Certificates and policy termination notices should be delivered via certified mail to: Regina Taylor, Asset Manager APF Properties LLC 25 West 45 th Street, Ste. 703 New York, NY FAILURE TO COMPLY WITH ANY OF THE REQUIREMENTS NOTED ABOVE WILL RESULT IN A BREACH OF THIS CONTRACT BY THE CONTRACTOR. (7) INDEMNIFICATION/HOLD HARMLESS The contractor shall, to the fullest extent permitted by law and at its own cost and expense, defend, indemnify and hold Owner, its partners, directors, members, officers, employees, servants, representatives, consultants and agents harmless from and against any and all claims, loss, (including attorneys' fees, witnesses' fees and all court costs), damages, expense and liability (including statutory liability), resulting from injury and/or death of any person or damage to or loss of any property arising out of any negligent or wrongful act, error, omission, breach of any statue, code or rule or breach of contract, in connection with the operations of the contractor or its subcontractors. The foregoing indemnity shall include injury or death of any employee of the contractor or subcontractor and shall not be limited in any way by an amount or type of damages, compensation or benefits payable under any applicable Workers Compensation, Disability Benefits or other similar employee benefits acts. ALTERATIONS & REMODELING: Office suites are ordinarily built to suit the needs of individual tenants prior to occupancy. Should your needs change requiring alteration of your space, please observe the following rules: If the remodeling is decorative only (e.g. painting or carpeting), and does not involve mechanical, plumbing or electrical changes then the Property Manager needs to be notified, in writing, of the work to be done including

20 a list of contractors, proper insurance certificates and a schedule of the work to be performed. More extensive remodeling, including alterations of mechanical, plumbing or electrical systems, boring or cutting into walls or floors or relocations of walls requires the submittal of plans to the Property Manager for approval. The submittal for approval must comply with the provisions of your lease and are subject to advance approval by Building Management. Property Management will provide you with a list of contractors approved to work in the building. As stated earlier, whenever the freight facilities are to be used extensively or after hours, their use needs to be scheduled in advance by using Angus AnyWhere. SMOKE-FREE AIR ACT: On April 10, 1995, the New York City Smoke-Free Air Act went into effect. This law prohibits smoking in all areas of office buildings. As a tenant who may employ or manage other individuals, you are to ban smoking in your premises. There are other requirements that you as employers must meet, such as the posting of signs in all smoke-free areas and the distribution of a written smoking policy. We suggest that you obtain a copy of the Smoke-Free Air Act from our superintendent.