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68<br />

PETERBOROUGH COURT & DANIEL HOUSE<br />

133-140 FLEET STREET LONDON EC4<br />

APPENDIX I<br />

OCCUPATIONAL LEASE TERMS –<br />

SUMMARY<br />

The principal terms of the occupational lease can be<br />

summarised as follows:<br />

Original Landlord<br />

LDT Partners.<br />

Tenant<br />

Goldman Sachs International.<br />

Guarantor<br />

The Goldman Sachs Group, Inc.<br />

Premises<br />

All those buildings known as <strong>Peterborough</strong> <strong>Court</strong>,<br />

133 Fleet Street and Daniel House, 140 Fleet Street,<br />

London EC4.<br />

Lease<br />

The initial lease was originally granted in 1992 for a<br />

term commencing 25 March 1991 and expiring 2016.<br />

The lease was varied by various deeds of variation.<br />

The term has effectively been extended by way of a<br />

reversionary lease to 20 June 2026.<br />

Option to Determine<br />

The Tenant may determine the reversionary lease<br />

on 29 September 2021 subject to providing at least<br />

12 months written notice.<br />

Rent<br />

£17,769,793 per annum exclusive. The rent is payable<br />

quarterly in advance on the usual English quarter days.<br />

Rent Reviews<br />

Upwards only, subject to five yearly intervals. The<br />

next rent reviews are scheduled for 25 March 2011,<br />

25 March 2016 and 25 March 2021.<br />

Rent Review Provisions<br />

The lease defines that the open market rent is the<br />

annual rent which would reasonably be expected to<br />

become payable in respect of the premises in the open<br />

market on the following basis:<br />

(i) as a whole;<br />

(ii) by a willing landlord to a willing tenant;<br />

(iii) with vacant possession;<br />

(iv) without taking any fine or premium;<br />

(v) for a term of fifteen years or, if longer, the then<br />

unexpired term.<br />

The rent review clause stipulates that the following<br />

are to be assumed:<br />

(i) that the premises have been constructed and<br />

completed by the Landlord in accordance with the<br />

rent review specification attached to the leases;<br />

(ii) that all mechanical and electrical plant and<br />

machinery has been tested and commissioned and<br />

that the air-conditioning system has been balanced,<br />

tested and commissioned;<br />

(iii) that all Tenant’s fixtures have been removed;<br />

(iv) that the premises are ready for immediate<br />

occupation;<br />

(v) that if the premises have been destroyed or<br />

damaged that they have been fully rebuilt and<br />

reinstated;<br />

(vi) that the covenants on the part of the Tenant have<br />

been performed and observed;<br />

(vii) that no work has been carried out to the premises<br />

which has diminished the rental value;<br />

(viii) that financial inducements relating to fitting out<br />

have been made and expired prior to the review date.<br />

The rent review clause stipulates that the following are<br />

to be disregarded:<br />

(i) the Tenant’s (or any sub-tenants) occupation;<br />

(ii) any effect on rent of the fact that the Tenant (or<br />

any sub-tenants) is the occupier of any adjoining<br />

building;<br />

(iii) any goodwill attached to the premises;<br />

(iv) any improvements to the premises;<br />

(v) any effect on the rent of the existence of the tunnel<br />

and bridges linking the buildings with the Tenants’<br />

adjacent premises at River <strong>Court</strong>, 120 Fleet Street;<br />

(vi) any effect on the rent of the existence of the<br />

Tenant’s option to determine the lease;<br />

(vii) financial inducements relating to fitting out.<br />

(viii) any effect on the rent of the tenant being a tenant<br />

of any adjoining property.

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