LAWS IN EFFECT AS
OF THE COMMENCEMENT DATE AND EACH DELIVERY DATE.
LANDLORD WILL BE FULLY
RESPONSIBLE FOR MAKING ALL ALTERATIONS AND REPAIRS TO EACH SUCH BUILDING, AT
LANDLORD'S COST (WHICH SHALL NOT BE INCLUDED IN OPERATING EXPENSES) RESULTING
FROM OR NECESSITATED BY THE FAILURE OF LANDLORD OR LANDLORD'S CONTRACTORS TO
COMPLY WITH THE FOREGOING WARRANTY.
ALL EXTERIOR AREAS OF THE DEMISED PREMISES,
PARKING AREAS, WALKWAYS, RAMPS, EXTERIOR OF THE BUILDINGS AND INGRESS TO AND
EGRESS FROM THE DEMISED PREMISES SHALL BE CONSTRUCTED AND MAINTAINED BY LANDLORD
AT ALL TIMES DURING THE TERM OF THIS LEASE AND ANY RENEWAL(S) IN STRICT
COMPLIANCE WITH THE ADA REQUIREMENTS.
10.2
TENANT'S RIGHT TO CONTEST LAWS AND ORDINANCES.
AFTER PRIOR WRITTEN NOTICE TO LANDLORD, TENANT, AT ITS SOLE COST AND EXPENSE AND
WITHOUT COST OR EXPENSE TO LANDLORD, SHALL HAVE THE RIGHT TO CONTEST THE
VALIDITY OR APPLICATION OF ANY LAW IN THE NAME OF TENANT OR LANDLORD, OR BOTH,
BY APPROPRIATE LEGAL PROCEEDINGS DILIGENTLY CONDUCTED BUT ONLY IF COMPLIANCE
WITH THE TERMS OF ANY SUCH LAW OR ORDINANCE PENDING THE PROSECUTION OF ANY SUCH
PROCEEDING, MAY LEGALLY BE DELAYED WITHOUT INCURRING OF ANY LIEN, CHARGE OR
LIABILITY OF ANY KIND AGAINST THE DEMISED PREMISES, OR ANY PORTION THEREOF, AND
WITHOUT SUBJECTING LANDLORD OR TENANT TO ANY LIABILITY, CIVIL OR CRIMINAL, FOR
FAILURE SO TO COMPLY THEREWITH UNTIL THE FINAL DETERMINATION OF SUCH PROCEEDING;
PROVIDED, HOWEVER, IF ANY LIEN, CHARGE OR CIVIL LIABILITY WOULD BE INCURRED BY
REASON OF ANY SUCH DELAY, TENANT NEVERTHELESS, ON THE PRIOR WRITTEN CONSENT OF
LANDLORD, WHICH CONSENT SHALL NOT BE UNREASONABLY WITHHELD, MAY CONTEST AS
AFORESAID AND DELAY AS AFORESAID, PROVIDED THAT SUCH DELAY WOULD NOT SUBJECT
TENANT OR LANDLORD TO CRIMINAL LIABILITY AND TENANT (A) FURNISHES LANDLORD
SECURITY, REASONABLY SATISFACTORY TO LANDLORD, AGAINST ANY LOSS OR INJURY BY
REASON OF ANY SUCH CONTEST OR DELAY, (B) PROSECUTES THE CONTEST WITH DUE
DILIGENCE AND IN GOOD FAITH, AND (C) AGREES TO INDEMNIFY, DEFEND AND HOLD
HARMLESS LANDLORD AND THE DEMISED PREMISES FROM ANY CHARGE,
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LIABILITY OR EXPENSE WHATSOEVER.
THE SECURITY FURNISHED TO LANDLORD BY TENANT
MAY BE IN THE FORM OF A CASH DEPOSIT OR A CERTIFICATE OF DEPOSIT ("CD") ISSUED
BY A NATIONAL BANK OR FEDERAL SAVINGS AND LOAN ASSOCIATION PAYABLE TO LANDLORD.
LANDLORD SHALL BE ENTITLED TO APPLY SUCH SECURITY AGAINST AN UNCURED EVENT OF
DEFAULT HEREUNDER AND, IF DURING THE CONTINUANCE OF SUCH PROCEEDINGS, LANDLORD
SHALL, FROM TIME TO TIME, REASONABLY DEEM THE AMOUNT DEPOSITED, AS AFORESAID,
INSUFFICIENT, TENANT SHALL UPON DEMAND OF LANDLORD MAKE ADDITIONAL DEPOSITS OF
SUCH ADDITIONAL SUMS OF MONEY OR SUCH ADDITIONAL CD'S AS LANDLORD MAY REASONABLY
REQUEST.
IF TENANT IS REQUIRED TO MAKE SUCH ADDITIONAL DEPOSITS HEREUNDER AND
TENANT FAILS TO MAKE SAME, THE AMOUNT THERETOFORE DEPOSITED MAY BE APPLIED BY
LANDLORD TO THE PAYMENT, REMOVAL OR DISCHARGE OF SUCH LIABILITY, AND THE
INTEREST, FINES AND PENALTIES IN CONNECTION THEREWITH, AND ANY COSTS, FEES
(INCLUDING ATTORNEYS' FEES) AND OTHER LIABILITY (INCLUDING COSTS INCURRED BY
LANDLORD) ACCRUING IN ANY