THE DEMISED PREMISES.
SECTION 4.03.
LESSEE SHALL HAVE THE RIGHT TO CONTEST BY APPROPRIATE
LEGAL PROCEEDINGS, WITHOUT COST OR EXPENSE TO LESSOR, THE VALIDITY OF ANY LAW,
ORDINANCE, ORDER, RULE, REGULATION OR REQUIREMENT OF THE NATURE HEREIN REFERRED
TO AND TO POSTPONE COMPLIANCE WITH THE SAME, PROVIDED SUCH CONTEST SHALL BE
PROMPTLY AND DILIGENTLY PROSECUTED BY AND AT THE EXPENSE OF LESSEE, THAT LESSOR
SHALL NOT THEREBY SUFFER ANY CIVIL, OR BE SUBJECTED TO ANY CRIMINAL, PENALTIES
OR SANCTIONS, AND THAT LESSEE SHALL PROPERLY PROTECT AND SAVE HARMLESS LESSOR
AGAINST ANY LIABILITY AND CLAIMS FOR ANY SUCH NONCOMPLIANCE OR POSTPONEMENT OF
COMPLIANCE, AND PROVIDED, FURTHER, THAT, IF REQUESTED SO TO DO BY LESSOR, LESSEE
SHALL FIRST FURNISH TO LESSOR A BOND, IN FORM AND AMOUNT, AND ISSUED BY A SURETY
COMPANY REASONABLY SATISFACTORY TO LESSOR AND ITS FIRST MORTGAGEE, GUARANTEEING
TO LESSOR COMPLIANCE BY LESSEE WITH SUCH LAW, ORDINANCE, ORDER, RULE, REGULATION
OR REQUIREMENT, AND INDEMNIFYING LESSOR AGAINST ANY AND ALL LIABILITY, LOSS AND
DAMAGE WHICH LESSOR MAY SUSTAIN BY REASON OF LESSEE'S FAILURE OR DELAY IN
COMPLYING THEREWITH. LESSOR SHALL HAVE THE RIGHT, BUT SHALL BE UNDER NO
OBLIGATION, TO CONTEST BY APPROPRIATE LEGAL PROCEEDINGS, AT LESSOR'S EXPENSE,
ANY SUCH LAW, ORDINANCE, RULE, REGULATION OR REQUIREMENT.
SECTION 4.04.
EXCEPT TO THE EXTENT OTHERWISE PROVIDED IN SECTIONS 10.06
AND 11.01, THIS LEASE SHALL NOT TERMINATE, NOR SHALL LESSEE BE ENTITLED TO ANY
ABATEMENT OF RENT OR REDUCTION THEREOF, NOR SHALL THE RESPECTIVE OBLIGATIONS OF
LESSOR AND LESSEE BE OTHERWISE AFFECTED, BY REASON OF DAMAGE TO OR DESTRUCTION
OF ALL OR ANY PART OF THE DEMISED PREMISES OR IMPROVEMENTS FROM WHATEVER CAUSE,
THE TAKING OF THE DEMISED PREMISES OR IMPROVEMENTS OR ANY PORTION THEREOF, BY
EXPROPRIATION OR OTHERWISE, THE LAWFUL PROHIBITION OF LESSEE'S USE OF THE
DEMISED PREMISES OR IMPROVEMENTS, THE INTERFERENCE WITH SUCH USE BY ANY PRIVATE
PERSON OR CORPORATION, OR BY REASON OF ANY EVICTION BY PARAMOUNT TITLE, OR FOR
ANY OTHER CAUSE WHETHER SIMILAR OR DISSIMILAR TO THE FOREGOING, ANY PRESENT OR
FUTURE LAW TO THE CONTRARY NOTWITHSTANDING, IT BEING THE INTENTION OF THE
PARTIES HERETO THAT THE ANNUAL RENT AND ADDITIONAL RENT AND CHARGES PAYABLE BY
LESSEE SHALL CONTINUE TO BE PAYABLE IN ALL EVENTS UNLESS THE OBLIGATION TO PAY
THE SAME SHALL BE TERMINATED PURSUANT TO THE EXPRESS PROVISIONS OF THIS LEASE.
6
SECTION 4.05.
LESSEE IS FULLY FAMILIAR WITH, AND ACCEPTS, THE STATE OF
THE TITLE OF THE DEMISED PREMISES.
SECTION 4.06.
SHOULD ANY IMPROVEMENT (EXCEPT A PARTY WALL WHICH MAY
LEGALLY BE MAINTAINED FOR THE LIFE OF THE WALL, BUT THE EXISTENCE OF WHICH IS
NEVERTHELESS CONSIDERED AN ENCROACHMENT) ENCROACH UPON ANY ADJOINING PROPERTY,
LESSEE WILL, UPON LESSOR'S DEMAND, AT LESSEE'S EXPENSE, REMOVE THE ENCROACHING
PORTION OF THE IMPROVEMENT AND RESTORE THE IMPROVEMENT AS NEARLY AS PRACTICABLE
TO ITS ORIGINAL CONDITION.
ARTICLE FIVE
PERMITS, LICENSES, ETC.
SECTION 5.01.
LESSEE SHALL AT ITS SOLE COST AND EXPENSE PROCURE OR
CAUSE TO BE PROCURED ANY AND ALL NECESSARY PERMITS, LICENSES OR OTHER
AUTHORIZATIONS REQUIRED FOR