AND OF ALL
PERSONS CLAIMING BY, THROUGH OR UNDER TENANT (COLLECTIVELY, "TENANT'S PROPERTY")
WHICH, DURING THE CONTINUANCE OF THIS LEASE OR ANY OCCUPANCY OF THE PREMISES BY
TENANT OR ANYONE CLAIMING UNDER TENANT, MAY BE ON THE PREMISES OR ELSEWHERE IN
THE BUILDING OR ON THE LOT SHALL BE AT THE SOLE RISK AND HAZARD OF TENANT, AND
IF THE WHOLE OR ANY PART THEREOF SHALL BE DESTROYED OR DAMAGED BY FIRE, WATER OR
OTHERWISE, OR BY THE LEAKAGE OR BURSTING OF WATER PIPES, STEAM PIPES, OR OTHER
PIPES, BY THEFT, OR FROM ANY OTHER CAUSE, NO PART OF SAID LOSS OR DAMAGE IS TO
BE CHARGED TO OR TO BE BORNE BY LANDLORD.
6.1.14
LABOR OR MATERIALMEN'S LIENS.
TO PAY PROMPTLY WHEN DUE THE ENTIRE
COST OF ANY WORK DONE ON THE PREMISES BY OR FOR TENANT, ITS AGENTS, EMPLOYEES OR
INDEPENDENT CONTRACTORS; NOT TO CAUSE OR PERMIT ANY LIENS FOR LABOR OR MATERIALS
PERFORMED OR FURNISHED IN CONNECTION THEREWITH TO ATTACH TO THE PREMISES; AND,
WITHIN FIFTEEN (15) DAYS FOLLOWING TENANT'S ACTUAL NOTICE THEREOF, TO DISCHARGE
OR BOND OFF ANY SUCH LIENS WHICH MAY SO ATTACH.
6.1.15
CHANGES OR ADDITIONS.
NOT TO MAKE ANY ALTERATIONS OR IMPROVEMENTS
EXCEPT IN ACCORDANCE WITH ARTICLE III HERETO.
6.1.16
HOLDOVER.
TO PAY TO LANDLORD DURING THE FIRST THIRTY (30) DAYS
AFTER EXPIRATION OR TERMINATION OF THIS LEASE ONE HUNDRED FIFTY (150%) PERCENT,
AND THEREAFTER TWO HUNDRED (200%) PERCENT, OF THE GREATER OF (A) THE ANNUAL BASE
RENT AND ALL APPLICABLE ADDITIONAL RENT (AND ALL OTHER SUMS OTHERWISE DUE
HEREUNDER) APPLICABLE AT THE END OF THE TERM AND (B) THE THEN FAIR MARKET
MONTHLY RENT AS DETERMINED BY LANDLORD FOR EACH MONTH OR PORTION THEREOF TENANT
SHALL
31
retain possession of the Premises or any part thereof after the termination of
this Lease, whether by lapse of time or otherwise.
In addition, if Tenant shall
so retain possession of the Premises or any portion thereof for more than thirty
(30) days after expiration or termination of this Lease, Tenant shall also pay
all expenses and damages incurred or sustained by Landlord on account thereof.
The provisions of this subsection shall not operate as a waiver by Landlord of
the right of re-entry provided in this Lease.
6.1.17
SECURITY.
TO INDEMNIFY, AND SAVE LANDLORD AND MANAGER HARMLESS FROM
ANY CLAIM FOR INJURY TO PERSON OR DAMAGE TO PROPERTY ASSERTED BY ANY PERSONNEL,
EMPLOYEE, GUEST, INVITEE OR AGENT OF TENANT WHICH IS SUFFERED OR OCCURS IN OR
ABOUT THE PREMISES OR IN OR ABOUT THE BUILDING OR THE LOT OR THE COMMON
FACILITIES APPURTENANT THERETO BY REASON OF THE ACT OF ANY INTRUDER OR ANY OTHER
PERSON IN OR ABOUT THE PREMISES, THE BUILDING, THE LOT OR SUCH COMMON
FACILITIES.
6.1.18
FINANCIAL STATEMENTS.
DURING ANY PERIOD OF TIME THAT THE SHARES OF
TENANT'S STOCK ARE NOT LISTED OR TRADED ON A NATIONAL SECURITIES EXCHANGE, TO
FURNISH TO LANDLORD, UPON LANDLORD'S WRITTEN REQUEST GIVEN NO MORE THAN
ANNUALLY, TENANT'S MOST RECENT AUDITED FINANCIAL STATEMENTS (INCLUDING