OF ANY OTHER TAX LOT (EXCEPT FOR THE TAX LOTS CONSTITUTING THE LEASED PREMISES
IN EFFECT ON THE DATE HEREOF), OR TO BE RESPONSIBLE FOR THE PAYMENT OF ANY REAL
ESTATE TAXES OR ASSESSMENTS ATTRIBUTABLE TO THE LAND OR THE BUILDING (OTHER THAN
THE LEASED PREMISES) EXCEPT FOR ITS OBLIGATION UNDER THE DECLARATION TO
CONTRIBUTE FOR CONDOMINIUM EXPENSES WITH RESPECT TO TAXES AND ASSESSMENTS FOR
THE COMMON ELEMENTS OF THE BUILDING).
TENANT SHALL NOT AT ANY TIME (I) CAUSE,
PERMIT OR SUFFER TO OCCUR ANY ENVIRONMENTAL VIOLATION OR (II) PERMIT ANY
SUBLESSEE, ASSIGNEE OR OTHER PERSON OCCUPYING THE LEASED PREMISES UNDER OR
THROUGH TENANT TO CAUSE, PERMIT OR SUFFER TO OCCUR ANY ENVIRONMENTAL
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VIOLATION AND, AT THE REQUEST OF LANDLORD OR LENDER, TENANT SHALL PROMPTLY
REMEDIATE OR UNDERTAKE ANY OTHER APPROPRIATE RESPONSE ACTION TO CORRECT ANY
EXISTING ENVIRONMENTAL VIOLATION.
ANY AND ALL REPORTS PREPARED FOR OR BY
LANDLORD WITH RESPECT TO THE LEASED PREMISES SHALL BE FOR THE SOLE BENEFIT OF
LANDLORD AND LENDER AND NO OTHER PERSON SHALL HAVE THE RIGHT TO RELY ON ANY SUCH
REPORTS.
THE PARTIES ACKNOWLEDGE THAT AS OF THE DATE HEREOF THE BUILDING AND
THE LEASED PREMISES ARE BEING OCCUPIED PURSUANT TO A TEMPORARY CERTIFICATE OF
OCCUPANCY ("T/C/O") WHICH IS SCHEDULE TO EXPIRE ON APRIL 9, 2009.
TENANT SHALL
(I) CAUSE THE T/C/O TO BE RENEWED OR EXTENDED AS AND WHEN REQUIRED AND IN NO
EVENT ALLOW THE T/C/O TO LAPSE, (II) COMPLY (OR CAUSE THE CONDOMINIUM BOARD TO
COMPLY) WITH THE TERMS OF THE SEVERANCE LEASE WITH RESPECT TO OBTAINING THE
PERMANENT CERTIFICATE OF OCCUPANCY FOR THE BUILDING, AND (III) USE COMMERCIALLY
REASONABLE EFFORTS TO CLEAR ANY VIOLATIONS OR OPEN PERMITS WITH RESPECT TO THE
LEASED PREMISES OR ANY OTHER PART OF THE "NYTC COLLECTIVE UNITS" (AS DEFINED IN
THE DECLARATION) IN ORDER TO PERMIT THE PERMANENT CERTIFICATE OF OCCUPANCY FOR
THE BUILDING TO BE ISSUED.
TENANT SHALL COMPLY WITH THE "SIGNAGE OBLIGATIONS"
PROVISIONS IN THE SEVERANCE LEASE.
(B)
TENANT, AT ITS SOLE COST AND EXPENSE, WILL AT ALL TIMES PROMPTLY
AND FAITHFULLY ABIDE BY, DISCHARGE AND PERFORM ALL OF THE COVENANTS, CONDITIONS
AND AGREEMENTS CONTAINED IN ANY EASEMENT AGREEMENT ON THE PART OF LANDLORD OR
THE OCCUPIER TO BE KEPT AND PERFORMED THEREUNDER.
TENANT WILL NOT ALTER,
MODIFY, AMEND OR TERMINATE ANY EASEMENT AGREEMENT, GIVE ANY CONSENT OR APPROVAL
THEREUNDER, OR ENTER INTO ANY NEW EASEMENT AGREEMENT WITHOUT, IN EACH CASE, THE
PRIOR WRITTEN CONSENT OF LANDLORD.
(C)
UPON PRIOR WRITTEN NOTICE FROM LANDLORD, TENANT SHALL PERMIT SUCH
PERSONS AS LANDLORD MAY DESIGNATE ("SITE REVIEWERS") TO VISIT THE LEASED
PREMISES DURING NORMAL BUSINESS HOURS AND IN A MANNER WHICH DOES NOT
UNREASONABLY INTERFERE WITH TENANT'S OPERATIONS AND PERFORM, AS AGENTS OF
TENANT, AND TO CONDUCT ENVIRONMENTAL SITE INVESTIGATIONS AND ASSESSMENTS ("SITE
ASSESSMENTS") ON THE LEASED PREMISES IN ANY OF THE FOLLOWING CIRCUMSTANCES:
(I) IN CONNECTION WITH ANY SALE, FINANCING OR REFINANCING OF THE LEASED
PREMISES, (II) WITHIN THE SIX MONTH PERIOD PRIOR TO THE EXPIRATION OF THE TERM,
(III) IF