USE IN ACCORDANCE WITH PRACTICES THEN GENERALLY RECOGNIZED AS
APPROPRIATE FOR HIGH-RISE FIRST - CLASS OFFICE BUILDINGS IN MIDTOWN MANHATTAN BY
PRUDENT INSTITUTIONAL OWNERS OR OPERATORS THEREOF AND, IN THE CASE OF THE
EQUIPMENT, IN AS GOOD MECHANICAL CONDITION AS IT WAS ON THE LATER OF THE DATE
HEREOF OR THE DATE OF ITS INSTALLATION, ORDINARY WEAR AND TEAR EXCEPTED AND,
PROVIDED FURTHER, THAT, IN ALL EVENTS, THE LEASED PREMISES (INCLUDING ALL
IMPROVEMENTS AND EQUIPMENT) SHALL BE KEPT AND MAINTAINED IN ACCORDANCE WITH THE
STANDARDS AND REQUIREMENTS SET FORTH IN THE SEVERANCE LEASE AND CONDOMINIUM
DOCUMENTS.
TENANT SHALL PROMPTLY MAKE ALL ALTERATIONS OF EVERY KIND AND NATURE
(STRUCTURAL AND NON-STRUCTURAL), WHETHER FORESEEN OR UNFORESEEN, WHICH MAY BE
NECESSARY OR APPROPRIATE TO KEEP AND MAINTAIN THE LEASED PREMISES IN COMPLIANCE
WITH ALL APPLICABLE LEGAL REQUIREMENTS AND ALL INSURANCE REQUIREMENTS AND TO
COMPLY WITH THE FOREGOING REQUIREMENTS OF THIS PARAGRAPH 12(A), THE SEVERANCE
LEASE, AND THE CONDOMINIUM DOCUMENTS.
LANDLORD SHALL NOT BE REQUIRED TO MAKE
ANY ALTERATION (STRUCTURAL OR NON-STRUCTURAL), WHETHER FORESEEN OR UNFORESEEN,
OR TO MAINTAIN ANY OF THE LEASED PREMISES IN ANY WAY, AND TENANT HEREBY
EXPRESSLY WAIVES ANY RIGHT WHICH MAY BE PROVIDED FOR IN ANY LAW NOW OR HEREAFTER
IN EFFECT TO MAKE ALTERATIONS AT THE EXPENSE OF LANDLORD OR TO REQUIRE LANDLORD
TO MAKE ALTERATIONS.
ANY ALTERATION MADE BY TENANT PURSUANT TO THIS PARAGRAPH
12 SHALL BE MADE IN CONFORMITY WITH THE PROVISIONS OF PARAGRAPH 13.
(B)
IF ANY IMPROVEMENT, NOW OR HEREAFTER CONSTRUCTED, SHALL
(I) ENCROACH UPON ANY SETBACK OR ANY PROPERTY, STREET OR RIGHT-OF-WAY ADJOINING
THE CONDOMINIUM, OR ANY OTHER UNIT OF THE CONDOMINIUM, OR THE COMMON ELEMENTS OF
THE CONDOMINIUM, IN VIOLATION OF APPLICABLE LAWS OR THE CONDOMINIUM DOCUMENTS,
(II) VIOLATE THE PROVISIONS OF ANY RESTRICTIVE COVENANT AFFECTING THE LEASED
PREMISES, (III) HINDER OR OBSTRUCT ANY EASEMENT OR RIGHT-OF-WAY TO WHICH ANY OF
THE LEASED PREMISES IS SUBJECT OR (IV) IMPAIR THE RIGHTS OF OTHERS IN, TO OR
UNDER ANY OF THE FOREGOING, TENANT SHALL USE COMMERCIALLY REASONABLE EFFORTS (OR
SHALL USE COMMERCIALLY REASONABLE EFFORTS TO CAUSE THE CONDOMINIUM BOARD TO)
PROMPTLY
23
AFTER RECEIVING A WRITTEN NOTICE, CLAIM OR DEMAND TO CURE SAME, EITHER
(A) OBTAIN FROM ALL NECESSARY PARTIES WAIVERS OR SETTLEMENTS OF ALL CLAIMS,
LIABILITIES AND DAMAGES RESULTING FROM EACH SUCH ENCROACHMENT, VIOLATION,
HINDRANCE, OBSTRUCTION OR IMPAIRMENT, WHETHER THE SAME SHALL AFFECT LANDLORD,
TENANT OR BOTH, OR (B) TAKE SUCH ACTION AS SHALL BE NECESSARY TO REMOVE ALL SUCH
ENCROACHMENTS, HINDRANCES OR OBSTRUCTIONS AND TO END ALL SUCH VIOLATIONS OR
IMPAIRMENTS, INCLUDING, IF NECESSARY, MAKING ALTERATIONS; PROVIDED HOWEVER, THAT
WITH RESPECT TO ANY IMPROVEMENTS EXISTING AT THE LEASED PREMISES AS OF THE DATE
OF THIS LEASE (X) THE MERE EXISTENCE OF ANY CONDITION UNDER CLAUSES (I) -
(IV) HEREINABOVE SHALL NOT BY ITSELF CONSTITUTE AN EVENT OF DEFAULT HEREUNDER
AND (Y) TENANT SHALL NOT BE REQUIRED TO TAKE THE ACTIONS REQUIRED UNDER CLAUSES
(A) OR (B) HEREOF UNLESS (1) TENANT SHALL HAVE RECEIVED WRITTEN NOTICE TO TAKE
SUCH ACTIONS FROM ANY GOVERNMENTAL