PREMISES OR CONDUCT ANY BUSINESS THEREIN AND NEITHER FAILURE TO OCCUPY OR
OPERATE ON THE DEMISED PREMISES, NOR THE ABANDONMENT OF THE DEMISED PREMISES BY
TENANT, SHALL CONSTITUTE AN EVENT OF DEFAULT OR BREACH OF THIS LEASE BY TENANT.
SIGNAGE.
TENANT IS PERMITTED TO MAINTAIN ITS EXISTING SIGNS ON THE DEMISED
PREMISES, INCLUDING BUT NOT LIMITED TO, TENANT'S MONUMENT SIGNS (IF ANY) LOCATED
ON THE BUILDING, PROVIDED THAT TENANT SHALL, AT TENANT'S SOLE COST AND EXPENSE,
(I) REPAIR AND MAINTAIN THE SAME IN A CONDITION CONSISTENT WITH SIGNAGE AT
COMPARABLE BUILDINGS, AND (II) REMOVE SUCH EXISTING SIGNS AT THE END OF THE
LEASE TERM AND REPAIR ANY AND ALL DAMAGE CAUSED BY SUCH REMOVAL.
I.
USE OF PARKING FACILITIES.
COMMENCING ON THE LEASE COMMENCEMENT
DATE, TENANT SHALL BE ENTITLED TO USE FOUR (4) UNRESERVED, UNDESIGNATED SPACES
PER 1,000 SQUARE FEET OF THE DEMISED PREMISES (THE "PARKING SPACES"), WHICH
PARKING SPACES SHALL BE LOCATED IN THE PARKING AREA AND AVAILABLE TO TENANT'S
EMPLOYEES, CUSTOMERS, AGENTS, CONTRACTORS AND OTHER INVITEES ON A FIRST-COME
BASIS.
THE PARKING SPACES SHALL BE AT NO ADDITIONAL COST OR EXPENSE TO TENANT.
THIS LEASE SHALL NOT CREATE A BAILMENT BETWEEN THE PARTIES HERETO.
TENANT'S USE
OF THE PARKING SPACES SHALL BE SUBJECT TO ALL APPLICABLE LAWS AND ANY
NON-DISCRIMINATORY RULES AND REGULATIONS REASONABLY ESTABLISHED FROM TIME TO
TIME BY LANDLORD OF WHICH TENANT IS GIVEN WRITTEN NOTICE.
II.
TENANT'S DUTY OF REPAIR AND REPLACEMENT; INDEMNIFICATION.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LEASE, IT IS THE INTENTION OF
THE PARTIES THAT LANDLORD SHALL HAVE NO OBLIGATION RESPECTING THE MAINTENANCE,
REPLACEMENT, REBUILDING AND REPAIR OF THE NON-STRUCTURAL INTERIOR ELEMENTS OF
THE DEMISED PREMISES OR TO MAKE ANY ALTERATIONS OR RENEWALS OF ANY NATURE,
10
EXCEPT FOR THOSE MAINTENANCE RESPONSIBILITIES OF LANDLORD EXPRESSLY SET FORTH IN
SECTION I.
TO THIS END, TENANT SHALL TAKE GOOD CARE OF THE NONSTRUCTURAL
PORTIONS OF THE DEMISED PREMISES AS NOW OR AS HEREAFTER IMPROVED, MAKE ALL
REPAIRS, REPLACEMENTS, INSTALLATIONS AND RENOVATIONS THERETO, INTERIOR AND
EXTERIOR, ORDINARY AND EXTRAORDINARY, FORESEEN AND UNFORESEEN, AND SHALL
MAINTAIN AND KEEP THE SAID DEMISED PREMISES, EXCLUDING THE COMMON AREAS, IN GOOD
ORDER AND APPEARANCE, AND FIRST CLASS REPAIR AND CONDITION, SUBJECT TO THE
PROVISIONS OF SECTION I AND ARTICLES 0 AND 0 AND EXCEPT THAT TENANT SHALL NOT BE
RESPONSIBLE FOR REPAIRS NECESSITATED BY THE WILLFUL ACTS OR NEGLIGENCE OF
LANDLORD, ITS EMPLOYEES AND AGENTS.
TENANT SHALL INDEMNIFY, DEFEND AND HOLD
LANDLORD HARMLESS OF AND FROM ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, COSTS
AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES), UPON
OR ARISING OUT OF THE FAILURE OF TENANT TO PERFORM THE COVENANTS IN THIS
SECTION II.
TENANT FURTHER SHALL KEEP THE DEMISED PREMISES FREE AND CLEAR OF
ANY AND ALL MECHANICS' LIENS OR OTHER SIMILAR LIENS OR CHARGES INCIDENTAL TO
WORK DONE OR MATERIAL SUPPLIED AT THE INSTANCE OF TENANT IN OR ABOUT THE DEMISED
PREMISES.
III.
ALTERATIONS.
TENANT MAY NOT MAKE ANY ALTERATIONS WITHOUT FIRST
PROCURING THE PRIOR WRITTEN CONSENT OF LANDLORD