AND
FRAMES, FLOORS AND FLOOR COVERINGS, SHELVING, KITCHEN FACILITIES AND APPLIANCES
LOCATED WITHIN THE DEMISED PREMISES TO THE EXTENT SUCH FACILITIES AND APPLIANCES
ARE INTENDED FOR THE EXCLUSIVE USE OF TENANT, CUSTOM LIGHTING, AND ANY
ALTERATIONS, ADDITIONS AND OTHER PROPERTY LOCATED WITHIN THE DEMISED PREMISES,
IN FIRST-CLASS CONDITION AND REPAIR, REASONABLE WEAR AND TEAR EXCEPTED.
TENANT
SHALL REPLACE, AT ITS EXPENSE, ANY AND ALL GLASS IN AND ABOUT THE DEMISED
PREMISES WHICH IS DAMAGED OR BROKEN FROM ANY CAUSE WHATSOEVER EXCEPT DUE TO THE
NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD, ITS AGENTS OR EMPLOYEES.
SUCH
MAINTENANCE AND REPAIRS SHALL BE PERFORMED WITH DUE DILIGENCE, LIEN-FREE AND IN
A FIRST-CLASS AND WORKMANLIKE MANNER, BY LICENSED CONTRACTOR(S) WHICH ARE
SELECTED BY TENANT AND APPROVED BY LANDLORD, WHICH APPROVAL LANDLORD SHALL NOT
UNREASONABLY WITHHOLD OR DELAY.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS
LEASE, LANDLORD SHALL HAVE NO OBLIGATION TO ALTER, REMODEL, IMPROVE, REPAIR,
RENOVATE, REDECORATE OR PAINT ALL OR ANY PART OF THE DEMISED PREMISES.
9.3
PROHIBITION AGAINST WASTE. TENANT SHALL NOT
DO OR SUFFER ANY WASTE, DAMAGE, DISFIGUREMENT OR INJURY TO THE DEMISED PREMISES,
OR ANY IMPROVEMENTS HEREAFTER ERECTED THEREON, OR TO THE FIXTURES OR EQUIPMENT
THEREIN, OR PERMIT OR SUFFER ANY OVERLOADING OF THE FLOORS OR OTHER USE OF THE
IMPROVEMENTS THAT WOULD PLACE AN UNDUE STRESS ON THE SAME OR ANY PORTION THEREOF
BEYOND THAT FOR WHICH THE SAME WAS DESIGNED.
25
ARTICLE X
COMPLIANCE WITH APPLICABLE LAWS AND
RESTRICTIONS
10.1
COMPLIANCE WITH APPLICABLE LAWS AND
RESTRICTIONS.
SUBJECT TO LANDLORD'S OBLIGATIONS UNDER ARTICLE II, SECTION 9.1
AND ARTICLE IV OF THIS LEASE, OR AS EXPRESSLY PROVIDED UNDER ANY OTHER PROVISION
HEREOF, THROUGHOUT THE TERM OF THIS LEASE, AND AT TENANT'S SOLE COST AND EXPENSE
(EXCEPT AS PROVIDED IN SECTIONS 2.8 AND 9.1 ABOVE), TENANT SHALL PROMPTLY COMPLY
OR CAUSE COMPLIANCE WITH OR REMOVE OR CURE ANY VIOLATION CAUSED BY TENANT OF ANY
AND ALL PRESENT AND FUTURE LAWS, RULES AND REGULATIONS APPLICABLE TO THE DEMISED
PREMISES AND THE ORDERS, RULES AND REGULATIONS OF THE BOARD OF FIRE UNDERWRITERS
WHERE THE DEMISED PREMISES ARE SITUATED (PROVIDED TENANT SHALL BE REQUIRED TO
MAKE ANY ALTERATIONS TO THE DEMISED PREMISES IN CONNECTION THEREWITH ONLY IF THE
NON-COMPLIANCE WAS THE RESULT OF ALTERATIONS MADE TO THE PREMISES BY TENANT OR
AT TENANT'S ELECTION OR DIRECTION, INCLUDING THE ALTERATIONS MADE TO THE
PREMISES IN PREPARATION OF TENANT'S OCCUPANCY HEREUNDER, BUT EXCLUDING, HOWEVER,
ANY ALTERATIONS REQUIRED IN CONNECTION WITH OR AS A RESULT OF THE DEMISING
WALL), OR ANY OTHER GOVERNMENTAL BODY NOW OR HEREAFTER CONSTITUTED EXERCISING
LAWFUL OR VALID AUTHORITY OVER THE DEMISED PREMISES, OR ANY PORTION THEREOF, OR
EXERCISING AUTHORITY ("APPLICABLE REQUIREMENTS") SOLELY TO THE EXTENT SUCH
APPLICABLE REQUIREMENTS RELATE TO TENANT'S SPECIFIC USE OF, TENANT IMPROVEMENTS
OR ALTERATIONS TO, THE DEMISED PREMISES.
NOTWITHSTANDING THE FOREGOING OR
ANYTHING TO THE CONTRARY CONTAINED IN THIS LEASE, LANDLORD HEREBY WARRANTS TO
TENANT THAT EACH BUILDING, AS OF THE COMMENCEMENT DATE, SHALL BE IN COMPLIANCE
WITH THE AMERICANS WITH DISABILITIES ACT ("ADA") AND ALL OTHER