THE REQUIREMENTS OF THE DUO, IF ANY, AND SUCH SIGN SHALL
BE MAINTAINED AT THE PROJECT BY TENANT THEREAFTER AT ALL TIMES UNTIL SUBSTANTIAL
COMPLETION IS ACHIEVED.
SECTION 6.10
PROJECT AREA.
TENANT SHALL REQUIRE ITS
GENERAL CONTRACTOR, CONSTRUCTION MANAGER, MAJOR TRADE CONTRACTORS AND ALL OTHER
WORKERS AT THE PROPERTY CONNECTED WITH ANY CONSTRUCTION WORK TO WORK
HARMONIOUSLY WITH EACH OTHER, AND WITH OTHER CONTRACTORS AND WORKERS ON THE
PROJECT, AND TENANT SHALL NOT ENGAGE IN, PERMIT OR SUFFER, ANY CONDUCT WHICH MAY
DISRUPT SUCH HARMONIOUS RELATIONSHIP. TENANT SHALL TAKE COMMERCIALLY REASONABLE
EFFORTS TO (A) ENFORCE THE AFORESAID REQUIREMENTS AND (B) CAUSE ITS GENERAL
CONTRACTOR, CONSTRUCTION MANAGER AND
68
MAJOR TRADE CONTRACTORS TO MINIMIZE ANY INTERFERENCE WITH THE USE, OCCUPANCY AND
ENJOYMENT OF THE PROJECT AREA BY OTHER OCCUPANTS AND VISITORS THEREOF.
SECTION 6.11
TITLE TO MATERIALS.
ALL MATERIALS AND
OTHER EQUIPMENT INCORPORATED IN THE IMPROVEMENTS, EXCLUDING ANY TENANT OR
SUBTENANT PERSONAL PROPERTY, SHALL, EFFECTIVE UPON THEIR INCORPORATION INTO THE
PROJECT AND AT ALL TIMES THEREAFTER, CONSTITUTE THE PROPERTY OF LANDLORD AND
SHALL CONSTITUTE A PORTION OF THE PROPERTY.
SECTION 6.12
NONADVERSE STRUCTURAL EFFECT.
TENANT
MAY PROVIDE TO LANDLORD A STATEMENT OF AN ARCHITECT OR AN ENGINEER APPROVED BY
LANDLORD PURSUANT TO THIS LEASE, IN THE FORM OF EXHIBIT O ATTACHED HERETO,
CERTIFYING THAT THE CONTEMPLATED CONSTRUCTION WORK SHALL HAVE NO ADVERSE EFFECT
ON A STRUCTURAL COMPONENT THAT IS GREATER THAN A NONADVERSE STRUCTURAL EFFECT.
SUCH STATEMENT SHALL BE BASED SOLELY ON SUCH ENGINEER'S OR ARCHITECT'S SOLE
ASSESSMENT OF THE CONSTRUCTION WORK IN QUESTION AND NOT ON ANY REPRESENTATIONS
OR OTHER STATEMENTS MADE BY TENANT OR ANY OTHER PARTY. LANDLORD SHALL APPROVE OR
DISAPPROVE OF SUCH ENGINEER'S OR ARCHITECT'S STATEMENT, IN LANDLORD'S REASONABLE
DISCRETION, WITHIN TEN (10) BUSINESS DAYS OF LANDLORD'S RECEIPT THEREOF.
SECTION 6.13
ARBITRATION.
DISPUTES REGARDING ANY
ASPECT OF THIS ARTICLE VI, EXCEPT FOR THOSE EXPRESSLY STATED OTHERWISE OR THOSE
THAT PERTAIN TO THE DUO, MAY BE REFERRED TO ARBITRATION PURSUANT TO SECTION 16.3
HEREOF.
ARTICLE VII
USE AND MAINTENANCE OF THE PROPERTY
SECTION 7.1
PERMITTED USE.
(A)
USE.
THE DEMISED PREMISES AND THE COMMON ELEMENTS SHALL BE USED,
MAINTAINED, OCCUPIED AND OPERATED (I) IN ACCORDANCE WITH THE REQUIREMENTS OF THE
DUO, (II) AT A STANDARD OF AT LEAST THAT OF A CLASS "A" OFFICE BUILDING (AS
UNDERSTOOD ON DECEMBER 12, 2001) IN MIDTOWN MANHATTAN, AND (III) SUBJECT TO THE
DUO AND EXCEPT AS HEREINAFTER SET FORTH, FOR ANY USE PERMITTED BY LEGAL
REQUIREMENTS, INCLUDING, WITHOUT LIMITATION, OFFICES, NEWSROOMS, RETAIL,
SERVICE, AUDITORIUMS, DINING FACILITIES, COMMUNICATIONS FACILITIES, PRODUCTION
FACILITIES, ANCILLARY MEDICAL FACILITIES, PARKING FOR NOT MORE THAN TEN
(10) CARS, BACK OFFICE, STORAGE AND OTHER USES AS ARE INCIDENTAL OR ANCILLARY
THERETO, IN ACCORDANCE WITH THE CERTIFICATE(S) OF OCCUPANCY THEREFOR, AND FOR NO
USE OR PURPOSE INCONSISTENT WITH THE DUO OR THE OPERATION OF A CLASS "A" OFFICE
BUILDING (AS UNDERSTOOD ON DECEMBER 12, 2001) IN MIDTOWN MANHATTAN (THE USES
DESCRIBED IN CLAUSES (I), (II) AND (III) ABOVE, THE "PERMITTED USE"), AND FOR NO
OTHER USE.
TENANT AGREES NOT