THE PREMISES AND DOES NOT HAVE A MATERIALLY NEGATIVE EFFECT ON
LANDLORD OR ON ANY OTHER TENANT IN THE BUILDING.
3.
TENANT
ALLOWANCE.
On or before February 1, 2004, Landlord shall provide Tenant with a $300,000.00
allowance, which Tenant, at its election, may (a) apply to the purchase of an
emergency generator to service the Premises, (b) receive as a cash payment from
Landlord within ten (10) days of Tenant's request therefor, or (c) apply said
amount to Tenant's next payment of Monthly Rental.
4.
OCCUPANCY AND
USE.
(A)
TENANT SHALL USE AND OCCUPY THE PREMISES
FOR GENERAL OFFICE PURPOSES AND USES REASONABLY ANCILLARY THERETO, AND FOR NO
OTHER USE OR PURPOSE WITHOUT THE PRIOR WRITTEN CONSENT OF LANDLORD.
(B)
TENANT SHALL NOT DO OR PERMIT ANYTHING TO BE
DONE IN OR ABOUT THE PREMISES WHICH WILL IN ANY WAY OBSTRUCT OR INTERFERE WITH
THE RIGHTS OF OTHER TENANTS OR OCCUPANTS OF THE BUILDING OR INJURE OR ANNOY
THEM, NOR USE OR ALLOW THE PREMISES TO BE USED FOR ANY IMPROPER, IMMORAL,
UNLAWFUL, OR OBJECTIONABLE PURPOSES OR FOR ANY BUSINESS, USE OR PURPOSE DEEMED
TO BE DISREPUTABLE OR INCONSISTENT WITH THE OPERATION OF A FIRST CLASS OFFICE
BUILDING, NOR SHALL TENANT CAUSE OR MAINTAIN OR PERMIT ANY NUISANCE IN, ON, OR
ABOUT THE PREMISES.
TENANT SHALL NOT COMMIT OR SUFFER THE COMMISSION OF ANY
WASTE IN, ON, OR ABOUT THE PREMISES.
LANDLORD SHALL USE COMMERCIALLY REASONABLE
EFFORTS TO ENFORCE ANY COMPARABLE RESTRICTIONS IN THE LEASES FOR OTHER TENANTS
IN THE BUILDING TO THE EXTENT SUCH OTHER TENANTS' PROHIBITED ACTIONS ARE
OBSTRUCTING OR INTERFERING WITH TENANT'S USE OF THE PREMISES OR ARE CREATING A
NUISANCE TO TENANT.
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5.
COMPLIANCE
WITH LAWS.
(A)
TENANT SHALL NOT USE THE PREMISES OR PERMIT
ANYTHING TO BE DONE IN OR ABOUT THE PREMISES WHICH WILL IN ANY WAY CONFLICT WITH
ANY LAW, STATUTE, ORDINANCE, OR GOVERNMENTAL RULE, REGULATION OR REQUIREMENT NOW
IN FORCE OR WHICH MAY HEREAFTER BE ENACTED OR PROMULGATED.
TENANT SHALL NOT DO
OR PERMIT ANYTHING TO BE DONE ON OR ABOUT THE PREMISES OR BRING OR KEEP ANYTHING
THEREIN WHICH WILL IN ANY WAY INCREASE THE RATE OF ANY INSURANCE UPON THE
BUILDING IN WHICH THE PREMISES ARE SITUATED OR ANY OF ITS CONTENTS OR CAUSE A
CANCELLATION OF SAID INSURANCE OR OTHERWISE AFFECT SAID INSURANCE IN ANY MANNER,
AND TENANT SHALL AT ITS SOLE COST AND EXPENSE PROMPTLY COMPLY WITH ALL LAWS,
STATUTES, ORDINANCES, AND GOVERNMENTAL RULES, REGULATIONS, OR REQUIREMENTS NOW
IN FORCE OR WHICH MAY HEREAFTER BE IN FORCE AND WITH THE REQUIREMENTS OF ANY
BOARD OF FIRE UNDERWRITERS OR OTHER SIMILAR BODY NOW OR HEREAFTER CONSTITUTED
RELATING TO OR AFFECTING THE CONDITION, USE, OR OCCUPANCY OF THE PREMISES.
NOTWITHSTANDING ANYTHING CONTAINED IN THIS PARAGRAPH TO THE CONTRARY, TENANT
SHALL NOT BE RESPONSIBLE FOR ENSURING THAT THE COMMON AREAS OF THE BUILDING AND
BASE BUILDING RESTROOM FACILITIES SERVING THE PREMISES (AS DISTINGUISHED FROM
ANY RESTROOMS ADDED TO THE PREMISES BY TENANT) COMPLY WITH APPLICABLE LAWS.
(B)
TENANT SHALL