ANYTHING TO THE CONTRARY CONTAINED IN THIS LEASE, IN THE EVENT THE TIME GIVEN TO
LANDLORD AS TENANT UNDER THE GROUND LEASE IS SHORTER THAN THE TIME GIVEN TO
TENANT BY THIS LEASE TO PERFORM OR DO THE SAME ACT OR THING, THEN TENANT SHALL
PERFORM OR DO SAID THING WITHIN THE TIME SPECIFIED IN THE GROUND LEASE.
(B)
SO LONG AS THIS LEASE IS IN EFFECT AS TO,
AND TENANT IS CURRENTLY OCCUPYING, MORE THAN 25% OF THE BUILDING AND NO EVENT OF
DEFAULT HAS OCCURRED, LANDLORD SHALL NOT, WITHOUT TENANT'S PRIOR CONSENT,
EXERCISE ANY RIGHT TO TERMINATE THE GROUND LEASE PURSUANT TO THE TERMS THEREOF.
TENANT SHALL RESPOND TO ANY REQUEST FOR CONSENT TO SUCH TERMINATION WITHIN FIVE
(5) BUSINESS DAYS FOLLOWING RECEIPT THEREOF, AND, IF TENANT DOES NOT RESPOND
WITHIN SUCH FIVE (5) BUSINESS DAY PERIOD, TENANT SHALL BE DEEMED TO HAVE
CONSENTED.
IF LANDLORD TERMINATES THE GROUND LEASE IN ACCORDANCE WITH THE
FOREGOING, THIS LEASE SHALL TERMINATE.
6.3
LANDLORD GROUND RENT OBLIGATION.
LANDLORD
COVENANTS AND AGREES THAT (EXCEPT AS MAY OTHERWISE BE WAIVED OR MODIFIED)
LANDLORD SHALL PAY TO GROUND LESSOR MONTHLY RENT (INCLUDING ESCALATIONS) AND ANY
LATE CHARGE AND INTEREST DUE IN CONNECTION WITH THE PAYMENT THEREOF UNDER
ARTICLE 3 OF THE GROUND LEASE.
7.
USE OF PREMISES AND CONDUCT OF BUSINESS.
7.1
PERMITTED USE.
(A)
TENANT (AND ANY PERMITTED
SUCCESSOR, ASSIGN OR SUBTENANT OF TENANT, WHETHER BY LANDLORD'S CONSENT OR BY
OPERATION OF LAW) MAY USE AND OCCUPY THE PREMISES DURING THE TERM SOLELY FOR THE
USES SPECIFIED AND PERMITTED IN ARTICLE 1 AND FOR NO OTHER PURPOSE WITHOUT THE
PRIOR WRITTEN CONSENT OF LANDLORD, SUCH CONSENT TO BE GRANTED OR WITHHELD IN
LANDLORD'S SOLE DISCRETION.
THE FOREGOING STATEMENT SHALL NOT CONSTITUTE A
REPRESENTATION OR GUARANTY BY LANDLORD THAT SUCH BUSINESS MAY BE CONDUCTED IN
THE PREMISES OR IS LAWFUL OR PERMISSIBLE UNDER ANY CERTIFICATES OF OCCUPANCY
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ISSUED FOR THE PREMISES OR THE BUILDING, OR IS OTHERWISE PERMITTED BY LAW.
TENANT'S USE OF THE PREMISES SHALL IN ALL RESPECTS COMPLY WITH ALL LEGAL
REQUIREMENTS.
(B)
IF ANY GOVERNMENTAL LICENSE OR PERMIT SHALL
BE REQUIRED FOR THE PROPER AND LAWFUL CONDUCT OF TENANT'S BUSINESS IN THE
PREMISES OR ANY PART THEREOF, THEN TENANT, AT ITS EXPENSE, SHALL DULY PROCURE
AND THEREAFTER MAINTAIN SUCH LICENSE OR PERMIT AND SHALL SUBMIT SAME TO LANDLORD
FOR INSPECTION.
TENANT SHALL AT ALL TIMES COMPLY WITH THE TERMS AND CONDITIONS
OF SUCH LICENSE AND PERMIT, BUT IN NO EVENT SHALL FAILURE TO PROCURE OR MAINTAIN
SUCH LICENSE OR PERMIT AFFECT TENANT'S OBLIGATIONS HEREUNDER.
7.2
PROHIBITED USES.
TENANT SHALL NOT USE THE
PREMISES OR ALLOW THE PREMISES TO BE USED FOR ANY ILLEGAL OR IMMORAL PURPOSE, OR
SO AS TO CREATE WASTE, CONSTITUTE A PRIVATE OR PUBLIC NUISANCE, OR DISTURB OTHER
OCCUPANTS OF THE PROPERTY.
TENANT SHALL NOT PLACE ANY LOADS UPON THE FLOORS,
WALLS, OR CEILING WHICH ENDANGER THE STRUCTURE, OR PLACE ANY HARMFUL FLUIDS OR
OTHER MATERIALS IN THE DRAINAGE SYSTEM OF THE BUILDING, OR OVERLOAD EXISTING