THAN THE SUBMETER ELECTRIC RENT
AS SET FORTH ON THE SUBMETERED ELECTRIC STATEMENT, SUCH DIFFERENCE SHALL BE
CREDITED AGAINST THE NEXT REQUIRED PAYMENT(S) OF ESTIMATED SUBMETER ELECTRIC
RENT.
26
ARTICLE 5
USE
5.01
THE DEMISED PREMISES SHALL BE USED SOLELY AS AND FOR EXECUTIVE,
GENERAL AND ADMINISTRATIVE OFFICES, AND ALL CUSTOMARY ANCILLARY USES (INCLUDING,
WITHOUT LIMITATION, THE INSTALLATION OF A CAFETERIA FOR TENANT'S EMPLOYEES AND
INVITEES, WHICH SHALL NOT BE OPEN TO THE GENERAL PUBLIC) IN KEEPING WITH THE
CHARACTER OF THE BUILDING.
5.02
TENANT SHALL NOT USE OR PERMIT THE USE OF THE DEMISED PREMISES OR
ANY PART THEREOF IN ANY WAY WHICH WOULD VIOLATE ANY OF THE COVENANTS,
AGREEMENTS, TERMS, PROVISIONS AND CONDITIONS OF THIS LEASE OR FOR ANY UNLAWFUL
PURPOSES OR IN ANY UNLAWFUL MANNER OR IN VIOLATION OF THE CERTIFICATE OF
OCCUPANCY FOR THE DEMISED PREMISES OR THE BUILDING, AND TENANT SHALL NOT PERMIT
THE DEMISED PREMISES OR ANY PART THEREOF TO BE USED IN ANY MANNER OR ANYTHING TO
BE DONE, BROUGHT INTO OR KEPT THEREIN WHICH, IN LANDLORD'S GOOD FAITH JUDGMENT
SHALL IMPAIR OR INTERFERE WITH (I) THE CHARACTER, REPUTATION OR APPEARANCE OF
THE BUILDING AS A FIRST CLASS OFFICE BUILDING, (II) ANY OF THE PROPERTY SERVICES
OR THE PROPER AND ECONOMIC HEATING, CLEANING, AIR CONDITIONING OR OTHER
SERVICING OF THE PROPERTY OR THE DEMISED PREMISES, OR (III) THE USE OF ANY OF
THE OTHER AREAS OF THE PROPERTY BY, OR OCCASION DISCOMFORT, INCONVENIENCE OR
ANNOYANCE TO, ANY OF THE OTHER TENANTS OR OCCUPANTS OF THE PROPERTY.
TENANT
SHALL NOT INSTALL ANY ELECTRICAL OR OTHER EQUIPMENT OF ANY KIND WHICH, IN THE
REASONABLE JUDGMENT OF LANDLORD, MIGHT CAUSE ANY SUCH IMPAIRMENT, INTERFERENCE,
DISCOMFORT, INCONVENIENCE OR ANNOYANCE OR WHICH MIGHT OVERLOAD THE RISERS OR
FEEDERS SERVICING THE DEMISED PREMISES OR OTHER PORTIONS OF THE BUILDING.
THE
FACTORS TO BE TAKEN INTO CONSIDERATION IN DEFINING LANDLORD'S REASONABLENESS
DESCRIBED IN THE LAST SENTENCE OF SECTION 4.01 OF THIS LEASE SHALL APPLY, TO THE
EXTENT APPLICABLE, TO THE PRECEDING SENTENCE.
5.03
IF TENANT EXERCISES THE 2ND FLOOR EXPANSION OPTION (AS HEREINAFTER
DEFINED) OR THE OFFER SPACE, THEN TENANT, AT ITS OWN RISK AND ON A NON-EXCLUSIVE
BASIS, MAY USE THE BUILDING STAIRWAYS BETWEEN THE DEMISED PREMISES AND THE
2ND FLOOR EXPANSION SPACE AND/OR CONTIGUOUS OFFER SPACE SOLELY TO ENABLE
TENANT'S EMPLOYEES TO ACCESS FLOORS COMPRISING THE DEMISED PREMISES, PROVIDED
THAT SUCH USE BY TENANT (X) HAS BEEN APPROVED, IF REQUIRED, BY APPLICABLE
GOVERNMENTAL AUTHORITIES AND THEREAFTER COMPLIES WITH ALL LEGAL REQUIREMENTS,
(Y) DOES NOT DISRUPT OR INTERFERE WITH THE PROPER AND SAFE OPERATION OF THE
BUILDING BY LANDLORD AND (Z) DOES NOT UNREASONABLY INTERFERE WITH THE OCCUPANCY
BY OTHER TENANTS OF THE BUILDING.
TENANT SHALL MAKE ITS OWN SECURITY
ARRANGEMENTS RELATING TO THE USE OF SUCH STAIRWAYS, PROVIDED THAT IT SHALL
CONSULT WITH LANDLORD REGARDING SUCH ARRANGEMENTS AND CONTINUE TO AFFORD
LANDLORD ACCESS TO THE DEMISED PREMISES AND SUCH STAIRWAYS IN ACCORDANCE WITH
THE APPLICABLE PROVISIONS OF THIS LEASE.
ARTICLE 6
ALTERATIONS AND INSTALLATIONS
6.01
TENANT, UPON