Empire State Realty OP, L.P. Contracts & Agreements

Form of LTIP Agreement (Executive Officer, Time Based) (Filed With SEC on August 5, 2021)

Form of LTIP Agreement (Executive Officer, Performance Based) (Filed With SEC on August 5, 2021)

Form of LTIP Agreement (Executive Officer or Director, Immediate Vest) (Filed With SEC on August 5, 2021)

Form of LTIP Agreement (Director, Time-Based) (Filed With SEC on August 5, 2021)

First Amended and Restated Empire State Realty Trust, Inc. Empire State Realty OP, L.P. 2019 Equity Incentive Plan As Amended and Restated as of July 13, 2020 (Filed With SEC on August 10, 2020)

Indemnification Agreement among Empire State Realty Trust, Inc. and Christina Chiu, dated April 20, 2020 (Filed With SEC on May 6, 2020)

Change in Control Severance Agreement between Empire State Realty Trust, Inc. and Christina Chiu, dated April 13, 2020 (Filed With SEC on May 6, 2020)

Note Purchase Agreement, dated March 17, 2020, among Empire State Realty OP, L.P., Empire State Realty Trust, Inc. and the purchasers named therein (Filed With SEC on March 23, 2020)

Description of Securities of Empire State Realty OP, L.P. Registered under Section 12 of the Securities Exchange Act of 1934, as Amended (Filed With SEC on February 28, 2020)

Amendment No. 2 to the First Amended and Restated Agreement of Limited Partnership of Empire State Realty OP, L.P., dated December 6, 2019 (Filed With SEC on December 12, 2019)

First Amendment, dated as of October 5, 2018, to the Amended and Restated Employment Agreement between Empire State Realty Trust, Inc. and Anthony E. Malkin, dated April 5, 2016 (Filed With SEC on November 6, 2018)

Form of Empire State Realty Trust, Inc. Independent Director Indemnification Agreement (Filed With SEC on February 28, 2018)

FIRST AMENDED AND RESTATED EMPIRE STATE REALTY TRUST, INC. EMPIRE STATE REALTY OP, L.P. 2013 EQUITY INCENTIVE PLAN (As Amended and Restated as of April 4, 2016) 1.Purpose. (Filed With SEC on May 5, 2016)

Exhibit 10.32 AMENDED AND RESTATED EMPLOYMENT AGREEMENT (Filed With SEC on May 5, 2016)

Exhibit 10.33 AMENDED AND RESTATED CHANGE IN CONTROL SEVERANCE AGREEMENT (Filed With SEC on May 5, 2016)

AMENDED AND RESTATED CHANGE IN CONTROL SEVERANCE AGREEMENT (Filed With SEC on May 5, 2016)

Exhibit 10.35 AMENDED AND RESTATED CHANGE IN CONTROL SEVERANCE AGREEMENT (Filed With SEC on May 5, 2016)

Exhibit 10.36 CHANGE IN CONTROL SEVERANCE AGREEMENT (Filed With SEC on February 27, 2015)

THIRD AMENDMENT TO CREDIT AGREEMENT (Filed With SEC on November 10, 2014)

FIRST AMENDMENT TO CREDIT AGREEMENT (Filed With SEC on August 5, 2014)

FORM OF PERFORMANCE-BASED VESTING RESTRICTED STOCK AGREEMENT UNDER THE EMPIRE STATE REALTY TRUST, INC. EMPIRE STATE REALTY OP, L.P. 2013 EQUITY INCENTIVE PLAN (Filed With SEC on March 24, 2014)

FORM OF TIME-BASED VESTING RESTRICTED STOCK AGREEMENT UNDER THE EMPIRE STATE REALTY TRUST, INC. EMPIRE STATE REALTY OP, L.P. 2013 EQUITY INCENTIVE PLAN (Filed With SEC on March 24, 2014)

FORM OF PERFORMANCE-BASED VESTING LTIP UNIT VESTING AGREEMENT UNDER THE EMPIRE STATE REALTY TRUST, INC. EMPIRE STATE REALTY OP, L.P. 2013 EQUITY INCENTIVE PLAN (Filed With SEC on March 24, 2014)

FORM OF TIME-BASED VESTING LTIP UNIT VESTING AGREEMENT UNDER THE EMPIRE STATE REALTY TRUST, INC. EMPIRE STATE REALTY OP, L.P. 2013 EQUITY INCENTIVE PLAN (Filed With SEC on March 24, 2014)

TAX PROTECTION AGREEMENT (Filed With SEC on November 12, 2013)