OF JUDGMENT.
EACH
PARTY SHALL PAY ITS OWN COUNSEL FEES AND EXPENSES, IF ANY, IN CONNECTION WITH
ANY ARBITRATION UNDER THIS SECTION 35.07(B), INCLUDING THE EXPENSES AND FEES OF
ANY ARBITRATOR SELECTED BY IT IN ACCORDANCE WITH THE PROVISIONS OF THIS
SECTION 35.07(B), AND THE PARTIES SHALL SHARE ALL OTHER EXPENSES AND FEES OF ANY
SUCH ARBITRATION.
THE ARBITRATORS SHALL BE BOUND BY THE PROVISIONS OF THIS
LEASE, AND SHALL NOT ADD TO, SUBTRACT FROM OR OTHERWISE MODIFY SUCH PROVISIONS.
THE SOLE REMEDY WHICH MAY BE AWARDED BY THE ARBITRATORS IN ANY PROCEEDING
PURSUANT TO THIS SECTION 35.07 IS AN ORDER COMPELLING LANDLORD TO CONSENT TO OR
APPROVE THE MATTER IN DISPUTE, AND THE ARBITRATORS MAY NOT AWARD DAMAGES OR
GRANT ANY MONETARY AWARD OR ANY OTHER FORM OF RELIEF.
35.08
IF AN EXCAVATION SHALL BE MADE UPON LAND ADJACENT TO
OR UNDER THE BUILDING, OR SHALL BE AUTHORIZED TO BE MADE, TENANT SHALL AFFORD TO
THE PERSON CAUSING OR AUTHORIZED TO CAUSE SUCH EXCAVATION, LICENSE TO ENTER THE
PREMISES FOR THE PURPOSE OF PERFORMING SUCH WORK AS SAID PERSON SHALL DEEM
NECESSARY OR DESIRABLE TO PRESERVE AND PROTECT THE BUILDING FROM INJURY OR
DAMAGE TO SUPPORT THE SAME BY PROPER FOUNDATIONS, WITHOUT ANY CLAIM FOR DAMAGES
OR LIABILITY AGAINST LANDLORD AND WITHOUT REDUCING OR OTHERWISE AFFECTING
TENANT'S OBLIGATIONS UNDER THIS LEASE.
35.09
THE SUBMISSION BY LANDLORD OF THE LEASE IN DRAFT FORM
SHALL BE DEEMED SUBMITTED SOLELY FOR TENANT'S CONSIDERATION AND NOT FOR
ACCEPTANCE AND EXECUTION.
SUCH
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SUBMISSION SHALL HAVE NO BINDING FORCE OR EFFECT AND SHALL CONFER NO RIGHTS NOR
IMPOSE ANY OBLIGATIONS, INCLUDING BROKERAGE OBLIGATIONS, ON EITHER PARTY UNLESS
AND UNTIL BOTH LANDLORD AND TENANT SHALL HAVE EXECUTED THE LEASE AND DUPLICATE
ORIGINALS THEREOF SHALL HAVE BEEN DELIVERED TO THE RESPECTIVE PARTIES.
35.10
IRRESPECTIVE OF THE PLACE OF EXECUTION OR PERFORMANCE,
THIS LEASE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE
STATE OF NEW YORK.
IF ANY PROVISIONS OF THIS LEASE OR THE APPLICATION THEREOF
TO ANY PERSON OR CIRCUMSTANCE SHALL, FOR ANY REASON AND TO ANY EXTENT, BE
INVALID OR UNENFORCEABLE, THE REMAINDER OF THIS LEASE AND THE APPLICATION OF
THAT PROVISION TO OTHER PERSONS OR CIRCUMSTANCES SHALL NOT BE AFFECTED BUT
RATHER SHALL BE ENFORCED TO THE EXTENT PERMITTED BY LAW.
THE TABLE OF CONTENTS,
CAPTIONS, HEADINGS AND TITLES IN THIS LEASE ARE SOLELY FOR CONVENIENCE OF
REFERENCES AND SHALL NOT AFFECT ITS INTERPRETATION.
THIS LEASE SHALL BE
CONSTRUED WITHOUT REGARD TO ANY PRESUMPTION OR OTHER RULE REQUIRING CONSTRUCTION
AGAINST THE PARTY CAUSING THIS LEASE TO BE DRAFTED.
EACH COVENANT, AGREEMENT,
OBLIGATION OR OTHER PROVISION OF THIS LEASE ON TENANT'S PART TO BE PERFORMED,
SHALL BE DEEMED AND CONSTRUED AS A SEPARATE AND INDEPENDENT COVENANT OF TENANT,
NOT DEPENDENT ON ANY OTHER PROVISION OF THIS LEASE.
ALL TERMS AND WORDS USED IN
THIS LEASE, SHALL BE DEEMED TO INCLUDE ANY OTHER NUMBER AND ANY OTHER GENDER AS
THE CONTEXT MAY REQUIRE.
35.11
IF UNDER THE TERMS OF THIS