TERRORIST FINANCING, EFFECTIVE SEPTEMBER 24, 2001
AND RELATING TO BLOCKING PROPERTY AND PROHIBITING TRANSACTIONS WITH PERSONS WHO
COMMIT, THREATEN TO COMMIT, OR SUPPORT TERRORISM (THE "EXECUTIVE ORDER") AND/OR
THE UNITING AND STRENGTHENING AMERICA BY PROVIDING APPROPRIATE TOOLS REQUIRED TO
INTERCEPT AND OBSTRUCT TERRORISM ACT OF 2001 (PUBLIC LAW 107-56) (THE "USA
PATRIOT ACT").
(B)
TENANT AND LANDLORD EACH COVENANTS WITH THE OTHER THAT NEITHER
SUCH PARTY NOR ANY OF ITS RESPECTIVE CONSTITUENT OWNERS OR AFFILIATES IS OR
SHALL BE DURING THE TERM HEREOF A "PROHIBITED PERSON," WHICH IS DEFINED AS
FOLLOWS:
(I) A PERSON OR ENTITY THAT IS LISTED IN THE ANNEX TO, OR IS OTHERWISE
SUBJECT TO, THE PROVISIONS OF THE EXECUTIVE ORDER; (II) A PERSON OR ENTITY OWNED
OR CONTROLLED BY, OR ACTING FOR OR ON BEHALF OF, ANY PERSON OR ENTITY THAT IS
LISTED IN THE ANNEX TO, OR IS OTHERWISE SUBJECT TO THE PROVISIONS OF, THE
EXECUTIVE ORDER; (III) A PERSON OR ENTITY WITH WHOM LANDLORD IS PROHIBITED FROM
DEALING WITH OR OTHERWISE ENGAGING IN ANY TRANSACTION BY ANY ANTI-TERRORISM LAW,
INCLUDING WITHOUT LIMITATION THE EXECUTIVE ORDER AND THE USA PATRIOT ACT; (IV) A
PERSON OR ENTITY WHO COMMITS, THREATENS OR CONSPIRES TO COMMIT OR SUPPORT
"TERRORISM" AS DEFINED IN SECTION 3(D) OF THE EXECUTIVE ORDER; (V) A PERSON OR
ENTITY THAT IS NAMED AS A "SPECIALLY DESIGNATED NATIONAL AND BLOCKED PERSON" ON
THE THEN-MOST CURRENT LIST PUBLISHED BY THE U.S. TREASURY DEPARTMENT OFFICE OF
FOREIGN ASSETS CONTROL AT ITS OFFICIAL WEBSITE,
, OR AT ANY REPLACEMENT
WEBSITE OR OTHER REPLACEMENT OFFICIAL PUBLICATION OF SUCH LIST; AND (VI) A
PERSON OR ENTITY WHO IS AFFILIATED WITH A PERSON OR ENTITY LISTED IN ITEMS
(I) THROUGH (V) ABOVE.
(C)
AT ANY TIME AND FROM TIME TO TIME DURING THE TERM, TENANT AND
LANDLORD SHALL DELIVER TO THE OTHER PARTY, WITHIN TEN (10) DAYS AFTER RECEIPT OF
A WRITTEN REQUEST THEREFOR, A WRITTEN CERTIFICATION OR SUCH OTHER EVIDENCE
REASONABLY ACCEPTABLE TO THE OTHER PARTY EVIDENCING AND CONFIRMING SUCH PARTY'S
COMPLIANCE WITH THIS SECTION 23.1.
23.2
TELECOMMUNICATIONS.
TENANT AND ITS TELECOMMUNICATIONS COMPANIES,
INCLUDING LOCAL EXCHANGE TELECOMMUNICATIONS COMPANIES AND ALTERNATIVE ACCESS
VENDOR SERVICES COMPANIES, SHALL OBTAIN LANDLORD'S PRIOR WRITTEN CONSENT (WHICH
CONSENT SHALL NOT BE UNREASONABLY WITHHELD) FOR ACCESS TO AND WITHIN THE
BUILDING FOR THE INSTALLATION AND OPERATION OF TELECOMMUNICATIONS SYSTEMS,
INCLUDING VOICE, VIDEO, DATA, INTERNET, AND ANY OTHER SERVICES PROVIDED OVER
WIRE, FIBER OPTIC, MICROWAVE, WIRELESS, AND ANY OTHER TRANSMISSION SYSTEMS
("TELECOMMUNICATIONS SERVICES"), FOR PART OR ALL OF TENANT'S TELECOMMUNICATIONS
WITHIN THE BUILDING AND FROM THE BUILDING TO ANY OTHER LOCATION.
ALL PROVIDERS
OF TELECOMMUNICATIONS SERVICES SHALL BE REQUIRED TO COMPLY WITH THE RULES AND
REGULATIONS OF THE BUILDING, APPLICABLE LAWS AND LANDLORD'S POLICIES AND
PRACTICES FOR THE BUILDING.
TENANT ACKNOWLEDGES THAT LANDLORD SHALL NOT BE
REQUIRED TO PROVIDE OR ARRANGE FOR ANY TELECOMMUNICATIONS SERVICES AND THAT
LANDLORD SHALL HAVE NO LIABILITY TO ANY TENANT PARTY IN CONNECTION WITH THE
INSTALLATION, OPERATION OR MAINTENANCE OF TELECOMMUNICATIONS SERVICES OR ANY
EQUIPMENT OR FACILITIES RELATING THERETO.
TENANT, AT ITS COST