NECESSARY STEPS TO COMPEL THE DISCONTINUANCE OF SUCH
USE.
DURING THE TERM OF THIS LEASE, TENANT SHALL HAVE THE NONEXCLUSIVE RIGHT TO
USE IN COMMON WITH THE OTHER TENANTS OF THE PROJECT, AND SUBJECT TO REASONABLE
RULES AND REGULATIONS PROMULGATED BY LANDLORD FROM TIME TO TIME, THE COMMON
AREAS.
LANDLORD RESERVES THE RIGHT FROM TIME TO TIME TO USE ANY OF THE COMMON
AREAS AND DO ANY OF THE FOLLOWING, AS LONG AS SUCH ACTS DO NOT UNREASONABLY
INTERFERE WITH TENANT'S USE OF OR ACCESS TO THE DEMISED PREMISES OR TENANT'S
PARKING RIGHTS AS SET FORTH IN ARTICLE XXIII:
(A)
MAKE ANY CHANGES, ADDITIONS, IMPROVEMENTS,
REPAIRS OR REPLACEMENTS IN OR TO THE PROJECT, THE LAND, THE COMMON AREAS AND/OR
THE BUILDINGS, AND THE FIXTURES AND EQUIPMENT THEREOF, INCLUDING, WITHOUT
LIMITATION (I) MAINTENANCE, REPLACEMENT AND RELOCATION OF PIPES, DUCTS,
CONDUITS, WIRES AND METERS AND (II) CHANGES IN THE LOCATION, SIZE, SHAPE AND
NUMBER OF DRIVEWAYS, ENTRANCES, STAIRWAYS, ELEVATORS, LOADING AND UNLOADING
AREAS, INGRESS, EGRESS, DIRECTION OF TRAFFIC, LANDSCAPED AREAS AND WALKWAYS AND,
SUBJECT TO ARTICLE XXIII BELOW, PARKING SPACES AND PARKING AREAS;
(B)
CLOSE TEMPORARILY ANY OF THE COMMON AREAS
WHILE ENGAGED IN MAKING REPAIRS, IMPROVEMENTS OR ALTERATIONS TO THE PROJECT,
LAND AND/OR BUILDINGS; AND
(C)
PERFORM SUCH OTHER ACTS AND MAKE SUCH OTHER
CHANGES WITH RESPECT TO THE PROJECT, LAND, COMMON AREAS AND/OR BUILDINGS, AS
LANDLORD MAY, IN THE EXERCISE OF GOOD FAITH BUSINESS JUDGMENT, AS DEEMED TO BE
APPROPRIATE.
4.2
PRESERVATION OF DEMISED PREMISES.
TENANT
SHALL NOT USE, OR PERMIT THE DEMISED PREMISES, OR ANY PORTION THEREOF, TO BE
USED BY TENANT, ANY THIRD PARTY OR THE PUBLIC IN SUCH MANNER AS MIGHT REASONABLY
TEND TO IMPAIR LANDLORD'S TITLE TO THE DEMISED PREMISES, OR ANY PORTION THEREOF,
OR IN SUCH MANNER AS MIGHT REASONABLY MAKE POSSIBLE A CLAIM OR CLAIMS OF ADVERSE
USAGE OR ADVERSE POSSESSION BY THE PUBLIC, AS SUCH, OR THIRD PERSONS, OR OF
IMPLIED DEDICATION OF THE DEMISED PREMISES, OR ANY PORTION THEREOF.
NOTHING
CONTAINED IN THIS LEASE, AND NO ACTION OR INACTION BY LANDLORD, SHALL BE DEEMED
OR CONSTRUED TO MEAN THAT LANDLORD HAS
8
GRANTED TO TENANT ANY RIGHT, POWER OR PERMISSION TO DO ANY ACT OR MAKE ANY
AGREEMENT THAT MAY CREATE, OR GIVE RISE TO OR BE THE FOUNDATION FOR ANY RIGHT,
TITLE, INTEREST, LIEN, CHARGE OR OTHER ENCUMBRANCE UPON THE ESTATE OF LANDLORD
IN THE DEMISED PREMISES OTHER THAN AS EXPRESSLY SET FORTH IN THIS LEASE.
4.3
HAZARDOUS SUBSTANCES.
(A)
EXCEPT FOR ANY ORDINARY AND GENERAL OFFICE
SUPPLIES, SUCH AS COPIER TONER, LIQUID PAPER, GLUE, INK AND COMMON HOUSEHOLD
CLEANING MATERIALS (SOME OR ALL OF WHICH MAY CONSTITUTE "HAZARDOUS MATERIALS" AS
DEFINED IN THIS LEASE), TENANT AGREES NOT TO CAUSE OR PERMIT ANY HAZARDOUS
MATERIALS TO BE BROUGHT UPON, STORED, USED, HANDLED, GENERATED, RELEASED OR
DISPOSED OF ON, IN, UNDER OR ABOUT THE DEMISED PREMISES, THE LAND, THE
BUILDINGS, THE COMMON AREAS OR ANY OTHER PORTION OF THE PROJECT BY TENANT, ITS
AGENTS, EMPLOYEES, SUBTENANTS, ASSIGNEES, LICENSEES, CONTRACTORS OR INVITEES