|
i
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />use of the Premises; (b) the conduct of Landlord's business or anything else done or permitted by Landlord
<br />to be done in or about the Premises; (c) any breach or default in performance of Landlord's obligations
<br />under this Lease; (d) any misrepresentation or breach of warranty by Landlord under this Lease; or (e) other
<br />actions or omissions of Landlord. If Tenant shall, without fault on its part, be made a party to any action or
<br />litigation commenced by or against Landlord, Landlord shall protect and hold Tenant harmless and pay all
<br />costs, expenses and reasonable attorney's fees incurred or paid by Tenant in connection with such action or
<br />litigation. In the event any action or litigation is commenced as aforesaid, Landlord shall retain counsel at
<br />its expense and which shall be reasonably acceptable to Tenant to defend and protect Tenant's interests in
<br />such action or litigation. Landlord shall also pay all costs, expenses and reasonable attorney's fees that may
<br />be incurred or paid by Tenant in enforcing the covenants and agreements of this Lease. Tenant shall
<br />cooperate with Landlord in defending any such action or litigation.
<br />4.4 Sim. Tenant shall not place, erect or maintain or cause to be placed, erected or
<br />maintained on any exterior surface of the Premises, or anywhere outside the Premises, any sign, lettering,
<br />decoration, or advertising, except such signs permissible under applicable law. Tenant shall at its own risk
<br />and expense lawfully erect such signs, lettering, decorations or advertising permitted hereunder. Upon
<br />vacating the Premises, Tenant agrees to remove all signs or other such items and to repair all damage caused
<br />by such removal.
<br />4.5 Waste. During the term of this Lease, Tenant shall permit no waste, damage or injury to
<br />the Premises and Tenant shall initiate and carry out a program of regular maintenance and repair of the
<br />Premises, including the painting or refinishing of all areas of the interior, that are leased by Tenant so as
<br />reasonably to forestall deterioration by ordinary wear and tear, and to keep the Premises in an attractive
<br />condition.
<br />4.6 Use of Parking Areas, Walkways and Common Areas. Landlord covenants and agrees
<br />that during the Term Tenant and its officers, employees, agents, customers, business visitors, business
<br />guests, licensees and invitees shall be entitled to the nonexclusive use of the parking areas, driveways
<br />and walkways ("Parking Areas") adjoining the Building, and such use shall be in common with Landlord,
<br />and the officers, employees, agents, customers, business visitors, business guests, licensees and invitees
<br />of such Landlord and Tenant, their successors and assigns; provided, however, that such use by Tenant
<br />shall be subject to such rules and regulations as Landlord may from time to time adopt governing the
<br />same; and provided, further, that Landlord shall at all times have full control, management and direction
<br />of said Parking Areas, and that Landlord shall have the right at any time to change the layout thereof,
<br />including the right to reasonably add to or subtract from their shape and size, as well as to alter their
<br />location. Landlord shall have the right to close any or all portions of the Parking Areas to such extent as
<br />may, in the opinion of Landlord, be appropriate, provided Tenant's use of the Premises is not thereby
<br />unreasonably impaired. In such event, this Lease shall remain in full force and effect and Landlord shall
<br />not be subject to any liability nor will Tenant be entitled to any compensation or diminution of rent, nor
<br />shall diminution of such space, areas and facilities be deemed constructive or actual eviction.
<br />ARTICLE 5
<br />MAINTENANCE, REPAIRS AND IMPROVEMENTS
<br />5.1 Maintenance and Repair. Landlord shall keep the exterior supporting walls, foundations,
<br />roof and sprinkler system of the Premises in good repair. Landlord shall also repair, maintain, alter or
<br />perform any other repairs to the Premises including any ventilating, electrical, air conditioning or other
<br />mechanical installations, plumbing, sanitary sewer, electrical and water lines within the Premises ("Premises
<br />F-6
<br />Attachment number 1
<br />Page 182 of 286
<br />
|