AND EACH, A "LEGAL REQUIREMENT") PROVIDED, HOWEVER, THAT LANDLORD
SHALL NOT CONSENT TO ANY RESTRICTIVE COVENANTS ON THE PROJECT THAT MATERIALLY
RESTRICT TENANT'S PERMITTED USE OR WHICH CAUSE TENANT TO INCUR ANY ADDITIONAL
COSTS OTHERWISE EXCLUDED FROM OPERATING EXPENSES. TENANT SHALL, UPON FIVE (5)
DAYS' WRITTEN NOTICE FROM LANDLORD, DISCONTINUE ANY USE OF THE PREMISES WHICH IS
DECLARED BY ANY GOVERNMENTAL AUTHORITY HAVING JURISDICTION TO BE A VIOLATION OF
A LEGAL REQUIREMENT. TENANT WILL NOT USE OR PERMIT THE PREMISES TO BE USED FOR
ANY PURPOSE OR IN ANY MANNER THAT WOULD VOID TENANT'S OR LANDLORD'S INSURANCE OR
INCREASE THE INSURANCE RISK (UNLESS THE USE ASSOCIATED WITH SUCH INCREASED RISK
IS CONSISTENT WITH THE PERMITTED USE, INCLUDING, WITHOUT LIMITATION, THE
CONTROLLED USE OF VOLATILE CHEMICAL COMPOUNDS AND BIOLOGICAL REAGENTS IN
TENANT'S RESEARCH AND DEVELOPMENT ACTIVITIES, CONSISTENT WITH GOOD LABORATORY
PRACTICES). TENANT SHALL NOT PERMIT ANY PART OF THE PREMISES TO BE USED AS A
"PLACE OF PUBLIC ACCOMMODATION", AS DEFINED IN THE ADA OR ANY SIMILAR LEGAL
REQUIREMENT. TENANT SHALL REIMBURSE LANDLORD PROMPTLY UPON DEMAND FOR ANY
ADDITIONAL PREMIUM CHARGED FOR ANY SUCH INSURANCE POLICY BY REASON OF TENANT'S
FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SECTION 7 OR OTHERWISE CAUSED BY
TENANT'S USE AND/OR OCCUPANCY OF THE PREMISES. TENANT WILL USE THE PREMISES IN A
CAREFUL, SAFE AND PROPER MANNER AND WILL NOT COMMIT OR PERMIT WASTE, OVERLOAD
THE FLOOR OR STRUCTURE OF THE PREMISES, SUBJECT THE PREMISES TO USE THAT WOULD
DAMAGE THE PREMISES OR OBSTRUCT OR INTERFERE WITH THE RIGHTS OF LANDLORD OR
TENANTS OF BUILDING 4757, INCLUDING CONDUCTING OR GIVING NOTICE OF ANY AUCTION,
LIQUIDATION, OR GOING OUT OF BUSINESS SALE ON THE PREMISES, OR USING OR ALLOWING
THE PREMISES TO BE USED FOR ANY UNLAWFUL PURPOSE. TENANT SHALL CAUSE ANY
EQUIPMENT OR MACHINERY TO BE INSTALLED IN THE PREMISES SO AS TO REASONABLY
PREVENT SOUNDS OR VIBRATIONS FROM THE PREMISES FROM EXTENDING INTO COMMON AREAS,
OR OTHER SPACE IN THE PROJECT. TENANT SHALL NOT PLACE ANY MACHINERY OR EQUIPMENT
IN OR UPON THE PREMISES WHOSE WEIGHT EXCEEDS 1,000 POUNDS OF LIVE LOAD PER
SQUARE FOOT OR TRANSPORT OR MOVE SUCH ITEMS THROUGH THE COMMON AREAS OF THE
PROJECT OR IN THE PROJECT ELEVATORS IN EXCESS OF THE ELEVATOR WEIGHT CAPACITY
RATING, WITHOUT THE PRIOR WRITTEN CONSENT OF LANDLORD. EXCEPT AS MAY BE PROVIDED
UNDER THE WORK LETTER, TENANT SHALL NOT, WITHOUT THE PRIOR WRITTEN CONSENT OF
LANDLORD, USE THE PREMISES IN ANY MANNER WHICH WILL REQUIRE VENTILATION, AIR
EXCHANGE, HEATING, GAS, STEAM, ELECTRICITY OR WATER BEYOND THE THEN-EXISTING
CAPACITY OF THE PROJECT.
(B)
TENANT IMPROVEMENTS AND ALTERATIONS. TENANT
AT ITS SOLE EXPENSE SHALL MAKE ALL ALTERATIONS OR MODIFICATIONS TO THE PREMISES
WHICH MAY BE IMPOSED BY LEGAL REQUIREMENTS PURSUANT TO TENANT'S CONSTRUCTION OR
INSTALLATION OF THE TENANT IMPROVEMENTS (OTHER THAN TO THE EXTENT REQUIRED AS A
RESULT OF ANY NON-COMPLIANCE OF LANDLORD'S WORK WITH SUCH LEGAL REQUIREMENTS IN
EFFECT AT THE TIME THE APPLICABLE PORTION OF THE LANDLORD'S WORK WAS
SUBSTANTIALLY COMPLETED OR THE