OBLIGATION ON THE PART OF LANDLORD WITH RESPECT TO ANY PERFORMANCE
REQUIRED OF TENANT UNDER THE LEASE, WHETHER LANDLORD'S PERFORMANCE WAS
UNDERTAKEN WITH THE KNOWLEDGE THAT TENANT WAS OBLIGATED TO PERFORM OR WHETHER
LANDLORD'S PERFORMANCE WAS UNDERTAKEN AS A RESULT OF MISTAKE, INADVERTENCE OR
NEGLECT.
LANDLORD SHALL NOT BE LIABLE FOR ANY DAMAGE OR INJURY TO ANY PERSON OR
ANY PROPERTY, OR FOR ANY LOSS OF BUSINESS OF TENANT, OR FOR ANY OTHER DAMAGES
CAUSED BY OR RESULTING FROM STEAM, ELECTRICITY, GAS, WATER, RAIN, ICE, SNOW,
COLD, HEAT, OR ANY LEAK OR FLOW FROM OR INTO ANY PART OF THE BUILDING, OR ANY
OTHER CAUSE OR HAPPENING ARISING OUT OF LANDLORD'S PERFORMANCE OF ANY OBLIGATION
OF TENANT UNDER THE LEASE, WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF LANDLORD
OR LANDLORD'S AGENTS, EMPLOYEES OR INVITEES.
* If Tenant desires to take steps to reduce the assessed value of said demised
premises, Landlord will make available to Tenant such information as is
available concerning said property, and will execute such documents and papers
as may be necessary or convenient in connection therewith, but any such
proceedings shall be conducted at the expense of the Tenant.
9
52ND:
THERE ARE NO ORAL UNDERSTANDINGS, TERMS OR CONDITIONS, AND NEITHER
PARTY HAS RELIED UPON ANY OTHER REPRESENTATION, EXPRESS OR IMPLIED, NOT
CONTAINED IN THIS AGREEMENT.
ALL PRIOR UNDERSTANDINGS, TERMS OR CONDITIONS ARE
DEEMED MERGED IN THIS AGREEMENT.
THIS AGREEMENT CANNOT BE CHANGED OR
SUPPLEMENTED ORALLY.
53RD:
TENANT EXPRESSLY WAIVES ANY AND ALL RIGHTS OR REDEMPTION GRANTED BY
OR UNDER ANY PRESENT OR FUTURE LAWS IN THE EVENT OF TENANT BEING DISPOSSESSED OR
REMOVED FROM THE DEMISED PREMISES BECAUSE OF TENANT'S DEFAULT UNDER THIS LEASE.
54TH:
IF ANY PROVISION OF THIS LEASE SHALL BE INVALID OR UNENFORCEABLE,
THE REMAINING PROVISIONS OF THIS LEASE SHALL NOT BE AFFECTED THEREBY, AND EACH
AND EVERY PROVISION OF THIS LEASE SHALL BE ENFORCEABLE TO THE FULLEST EXTENT
PERMITTED BY LAW.
55TH:
TENANT SHALL INDEMNIFY, DEFEND AND SAVE HARMLESS LANDLORD FROM ALL
FINES, SUITS, PROCEDURES, CLAIMS AND ACTIONS OF ANY KIND ARISING OUT OF OR IN
ANY WAY CONNECTED WITH THE WRONGFUL OR IMPROPER USE OR OCCUPANCY OF THE DEMISED
PREMISES OTHER THAN THOSE USES WHICH ARE EXPRESSLY PERMITTED PURSUANT TO THE
TERMS OF THIS LEASE OR ARISING BY REASON OF ANY BREACH OF OR NONCONFORMANCE WITH
ANY TERM, CONDITION OR COVENANT OF THE LEASE.
56TH:
UPON THE REASONABLE REQUEST OF EITHER PARTY AT ANY TIME OR FROM TIME
TO TIME, LANDLORD AND TENANT AGREE TO EXECUTE, ACKNOWLEDGE AND DELIVER TO THE
OTHER, WITHIN 10 DAYS AFTER REQUEST, A WRITTEN INSTRUMENT DULY EXECUTED AND
ACKNOWLEDGED, (A) CERTIFYING THAT THIS LEASE HAS NOT BEEN MODIFIED AND IS IN
FULL FORCE AND EFFECT, OR, IF THERE HAS BEEN A MODIFICATION OF THIS LEASE, THAT
THIS LEASE IS IN FULL FORCE AND EFFECT AS MODIFIED, STATING SUCH MODIFICATION;
(B) SPECIFYING THE DATES TO WHICH THE ANNUAL FIXED RENT AND ADDITIONAL RENT HAVE
BEEN PAID; (C) STATING WHETHER OR NOT, TO THE