COMMUNICATIONS ROOMS AND, NOT MORE THAN ONCE
MONTHLY (EXCEPT IN AN EMERGENCY).
LANDLORD SHALL BE ALLOWED TO TAKE ALL
MATERIAL INTO AND UPON THE DEMISED PREMISES (BUT NOT STORE SUCH MATERIAL IN THE
DEMISED PREMISES) THAT MAY BE REQUIRED FOR THE REPAIRS OR ALTERATIONS OR
IMPROVEMENTS ABOVE MENTIONED AND MAY TAKE OVER DISCRETE PORTIONS OF THE DEMISED
PREMISES NOT IN EXCESS OF FIVE PERCENT (5%) AT ANY ONE TIME TO THE EXTENT
NECESSARY TO PERFORM SUCH WORK OR TO ENSURE THE SAFETY OF TENANT'S PERSONNEL
WITHOUT THE SAME CONSTITUTING AN ACTUAL OR CONSTRUCTIVE EVICTION OF TENANT IN
WHOLE OR IN PART, AND THE RENT RESERVED HEREUNDER SHALL NOT ABATE WHILE SAID
REPAIRS OR ALTERATIONS OR IMPROVEMENTS ARE BEING MADE BY REASON OF LOSS OR
INTERRUPTION OF THE BUSINESS OF TENANT BECAUSE OF THE PROSECUTION OF ANY SUCH
WORK.
LANDLORD SHALL EXERCISE REASONABLE DILIGENCE SO AS TO
50
MINIMIZE THE DISTURBANCE TO TENANT BUT NOTHING CONTAINED HEREIN SHALL BE DEEMED
TO REQUIRE LANDLORD TO PERFORM THE SAME ON AN OVERTIME OR PREMIUM PAY BASIS.
15.02
LANDLORD RESERVES THE RIGHT, WITHOUT THE SAME CONSTITUTING AN ACTUAL
OR CONSTRUCTIVE EVICTION AND WITHOUT INCURRING LIABILITY TO TENANT THEREFOR, TO
CHANGE THE ARRANGEMENT AND/OR LOCATION OF PUBLIC ENTRANCES, PASSAGEWAYS, DOORS,
DOORWAYS, CORRIDORS, ELEVATORS, STAIRWAYS, TOILETS AND OTHER PUBLIC PARTS OF THE
BUILDING AND COMMON AREAS OF THE COMPLEX (INCLUDING WITHOUT LIMITATION THE
PARKING AREAS); PROVIDED, HOWEVER, THAT ACCESS TO AND USE OF THE BUILDING SHALL
NOT BE CUT OFF, THERE SHALL BE NO UNREASONABLE OBSTRUCTION OF ACCESS TO AND USE
OF THE DEMISED PREMISES AND THE SERVICES REQUIRED TO BE PROVIDED BY LANDLORD TO
THE DEMISED PREMISES UNDER ARTICLE 21 OF THIS LEASE SHALL NOT BE REDUCED.
15.03
LANDLORD MAY, AT REASONABLE TIMES AND UPON REASONABLE ADVANCE NOTICE
TO TENANT, (A) DURING THE TWELVE (12) MONTHS PRIOR TO EXPIRATION OF THE TERM
EXHIBIT THE DEMISED PREMISES TO PROSPECTIVE TENANTS AND (B) AT ANY TIME DURING
THE TERM, EXHIBIT THE DEMISED PREMISES TO ACTUAL AND PROSPECTIVE HOLDERS OF
SUPERIOR INSTRUMENTS OR PURCHASERS OF ALL OR ANY PORTION OF THE COMPLEX.
15.04
IF, AFTER ORAL NOTICE, TENANT SHALL NOT BE PERSONALLY PRESENT TO
OPEN AND PERMIT AN ENTRY INTO THE DEMISED PREMISES AT ANY TIME WHEN FOR ANY
REASON AN ENTRY THEREIN SHALL BE URGENTLY NECESSARY BY REASON OF FIRE OR
EMERGENCY, LANDLORD OR LANDLORD'S AGENTS MAY FORCIBLY ENTER THE SAME WITHOUT
RENDERING LANDLORD OR SUCH AGENTS LIABLE THEREFOR (IF DURING SUCH ENTRY LANDLORD
OR LANDLORD'S AGENTS SHALL ACCORD REASONABLE CARE TO TENANT'S PROPERTY) AND
WITHOUT IN ANY MANNER AFFECTING THE OBLIGATIONS AND COVENANTS OF THIS LEASE.
IN
ALL OTHER CASES, TENANT, AT ITS OPTION, MAY MAKE A REPRESENTATIVE AVAILABLE AT
ALL SUCH INSPECTIONS.
ARTICLE 16
CONDITIONS OF LIMITATION
16.01
THIS LEASE AND THE TERM AND ESTATE HEREBY GRANTED ARE SUBJECT TO THE
LIMITATION THAT WHENEVER TENANT OR ANY GUARANTOR OF TENANT'S OBLIGATIONS
HEREUNDER SHALL BECOME INSOLVENT OR GENERALLY FAIL TO PAY, OR ADMIT IN WRITING
ITS INABILITY TO PAY, DEBTS AS THEY BECOME DUE; OR