Nothing contained in this Lease shall be construed to
impose upon Landlord any duty or obligation to enforce the Rules and
Regulations, or the provisions in any other lease, as against any other tenant;
provided, however, that Landlord shall not enforce the Rules and Regulations so
as unjustly to discriminate against Tenant.
ARTICLE 7
COMMON AREA
7.1
CONTROL OF COMMON AREA.
(A)
AS USED IN THIS LEASE, THE TERM "COMMON
AREA" SHALL MEAN THAT PART OF THE INTERIOR AND EXTERIOR PORTIONS OF THE PROPERTY
DESIGNATED BY LANDLORD FOR THE COMMON USE OF ALL TENANTS, WHICH INCLUDES PARKING
AREA, SIDEWALKS, LANDSCAPING, CURBS, DRIVEWAYS, DELIVERY PASSAGES, LOADING
AREAS, SEATING AREAS, PRIVATE STREETS AND ALLEYS, LIGHTING FACILITIES, DRINKING
FOUNTAINS, MEETING ROOMS, LUNCH/BREAK ROOM, PUBLIC TOILETS AND THE
17
LIKE.
LANDLORD GRANTS TENANT A NONEXCLUSIVE LICENSE FOR THE TERM, TO USE IN
COMMON WITH THE INVITEES OF LANDLORD AND TENANT AND SUCH OTHER PERSONS AS
LANDLORD AND TENANT SHALL DESIGNATE, THE COMMON AREA, SUBJECT TO THE TERMS AND
CONDITIONS OF THIS LEASE AND TO THE RULES AND REGULATIONS.
(B)
LANDLORD RESERVES THE RIGHT, AT ANY TIME AND
FROM TIME TO TIME, WITHOUT INCURRING ANY LIABILITY TO TENANT THEREFOR, TO CHANGE
THE ARRANGEMENT, DIMENSIONS AND/OR LOCATION OF PUBLIC ENTRANCES, PASSAGEWAYS,
DOORS, DOORWAYS, CORRIDORS, ELEVATORS, STAIRS, TOILETS, PARKING AREAS, SEATING
AREAS, OR OTHER PARTS OF THE COMMON AREA SO LONG AS TENANT'S USE AND ACCESS OF
THE PREMISES IS NOT MATERIALLY AND ADVERSELY AFFECTED.
IN SUCH EVENT, LANDLORD
SHALL REPAIR ANY PHYSICAL DAMAGE CAUSED TO THE DEMISED PREMISES.
NOTWITHSTANDING THE FOREGOING, LANDLORD AGREES NOT TO RELOCATE OR DECREASE THE
DIMENSIONS OF THE CURRENT LUNCH/BREAK ROOM WITHOUT PRIOR WRITTEN NOTICE TO AND
APPROVAL BY TENANT.
TENANT AGREES TO REVIEW AND APPROVE OR DISAPPROVE SUCH
CHANGES IN GOOD FAITH WITHIN TEN DAYS AFTER TENANT'S RECEIPT OF WRITTEN REQUEST
FOR APPROVAL.
IF TENANT SHALL FAIL TO RESPOND TO SUCH REQUEST WITHIN SUCH TEN
DAYS, TENANT SHALL BE DEEMED TO HAVE APPROVED SUCH CHANGE.
FURTHERMORE, TO THE
EXTENT LANDLORD OTHERWISE ALTERS ANY ASPECT OF THE LUNCH/BREAK ROOM OTHER THAN
LOCATION AND DIMENSIONS, LANDLORD AGREES TO MAINTAIN A FIRST CLASS QUALITY
FACILITY.
(C)
SUBJECT TO TENANT'S RIGHT OF QUIET
ENJOYMENT AS SET FORTH IN SECTION 22.1 HEREIN, LANDLORD RESERVES THE RIGHT, AT
ANY TIME AND FROM TIME TO TIME, TO USE PORTIONS OF THE COMMON AREAS FOR ART AND
OTHER DISPLAYS, PROMOTIONAL EVENTS AND OTHER USES NOT INCONSISTENT WITH THE
CHARACTER OF THE BUILDING.
7.2
PARKING.
Tenant shall have only such parking rights as are provided in the Parking Rider
set forth as Exhibit F attached hereto.
ARTICLE 8
REPAIRS, ALTERATIONS AND MECHANICS' LIENS
8.1
REPAIRS.
(A)
LANDLORD SHALL MAKE ALL NECESSARY REPAIRS
TO KEEP THE ROOF, EXTERIOR WALLS, FOUNDATION AND STRUCTURAL FRAME OF THE
BUILDING, THE COMMON BUILDING SYSTEMS, FIXTURES AND EQUIPMENT (SUCH AS
ELEVATORS, COMMON BUILDING HEATING, VENTILATING AND AIR-CONDITIONING SYSTEMS,
WINDOWS, AND COMMON BUILDING TELECOMMUNICATIONS, ELECTRICAL AND PLUMBING
SYSTEMS, PROVIDED, HOWEVER, THAT LANDLORD SHALL HAVE NO RESPONSIBILITY FOR ANY
SUCH EQUIPMENT OWNED OR MAINTAINED BY TENANTS OR