Item 5.02. Departure of Directors or Certain Officers; Election of Directors; Appointment


                  of Certain Officers; Compensatory Arrangements of Certain Officers.

On October 6, 2021, prior to the October 7, 2021 expiration of the Amended and Restated Employment Agreement between Empire State Realty Trust, Inc. (the "Company") and Anthony E. Malkin (the "Executive"), dated April 5, 2016, as amended by the First Amendment thereto, dated October 5, 2018 (collectively, the "Original Agreement"), upon a recommendation from the Compensation and Human Capital Committee of the Board of Directors (the "Board") of the Company, the Board approved a Second Amended and Restated Employment Agreement between the Company and the Executive (the "New Agreement"). The New Agreement extends the Executive's employment term for three years to October 7, 2024 (the "Term"). The New Agreement also modifies the Original Agreement to, among other changes:

•Modify the definition of "Good Reason" in certain respects as set forth in the New Agreement; •Provide the Executive with a retention bonus to incentivize the Executive to remain employed through the Term in the amount of $700,000 to be paid at the end of the Term or upon termination of the Executive's employment by the Company without Cause or by the Executive for Good Reason; and •Reduce the period of the non-competition provision from one year to six months following a termination.



The foregoing summary of the New Agreement does not purport to be complete and
is qualified in its entirety by reference to the full text of the New Agreement,
a copy of which is filed as Exhibit 10.1 hereto and incorporated herein by this
reference.


Item 9.01.     Financial Statements and Exhibits.


(d) Exhibits.
Exhibit No.               Description
10.1                        Second Amended and Restated Employment Agreement
104                       Cover Page Interactive File (the cover page tags are embedded within the
                          Inline XBRL document).

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