ROOF HVAC EQUIPMENT WILL BE ABLE TO SUPPLY
SUFFICIENT AIR CONDITIONING TO THE PREMISES, AND TENANT AGREES THAT LANDLORD
SHALL NOT BE LIABLE TO TENANT THEREFOR.
26.30.5
HAZARDOUS MATERIALS/INSPECTIONS.
TENANT SHALL NOT USE ANY HAZARDOUS
MATERIALS IN CONNECTION WITH THE SPECIAL EQUIPMENT OTHER THAN LIMITED REASONABLE
QUANTITIES OF HAZARDOUS MATERIALS REASONABLY NECESSARY AND CUSTOMARILY USED FOR
THE OPERATION OF THE SPECIAL EQUIPMENT AND USED, STORED AND DISPOSED OF BY
TENANT IN ACCORDANCE WITH ALL APPLICABLE LAWS AND THE HIGHEST SAFETY STANDARDS
FOR SUCH USE, STORAGE AND DISPOSAL.
LANDLORD SHALL HAVE THE RIGHT, AFTER
PROVIDING TENANT WITH WRITTEN NOTICE, TO CONDUCT SUCH TESTS AND/OR INSPECTIONS
OF THE SPECIAL EQUIPMENT AS LANDLORD MAY DETERMINE ARE REASONABLY NECESSARY FROM
TIME TO TIME TO ENSURE THAT TENANT IS COMPLYING WITH THE TERMS OF THIS
SECTION 26.30, AND TENANT SHALL PAY FOR THE REASONABLE COST OF SUCH TESTS.
26.30.6
DEFAULT.
IF ANY OF THE CONDITIONS SET FORTH IN THIS SECTION 26.30
ARE NOT COMPLIED WITH BY TENANT, THEN WITHOUT LIMITING LANDLORD'S RIGHTS AND
REMEDIES IT MAY OTHERWISE HAVE UNDER THIS LEASE, TENANT SHALL, UPON WRITTEN
NOTICE FROM LANDLORD, HAVE THE OPTION EITHER TO:
(I) IMMEDIATELY DISCONTINUE
ITS USE OF THE PARTICULAR ITEMS OF THE SPECIAL EQUIPMENT WHICH ARE
NON-COMPLIANT, REMOVE THE SAME, AND MAKE SUCH REPAIRS AND RESTORATION AS
REQUIRED UNDER SECTION 26.30.7 BELOW, OR (II) CORRECT SUCH NONCOMPLIANCE WITHIN
THIRTY (30) DAYS AFTER RECEIPT OF NOTICE OR SUCH LONGER PERIOD AS MAY BE
REASONABLY NECESSARY TO CORRECT SUCH NONCOMPLIANCE, SO LONG AS TENANT COMMENCES
TO CORRECT SUCH NONCOMPLIANCE WITHIN SUCH THIRTY (30) DAY PERIOD AND THEREAFTER
PROCEEDS WITH DUE DILIGENCE TO CORRECT SUCH NONCOMPLIANCE.
IN THE EVENT TENANT
ELECTS THE OPTION DESCRIBED IN CLAUSE (II) OF THE IMMEDIATELY PRECEDING SENTENCE
AND TENANT FAILS TO CORRECT SUCH NONCOMPLIANCE WITHIN THE APPLICABLE TIME PERIOD
DESCRIBED IN CLAUSE (II), THEN TENANT SHALL IMMEDIATELY DISCONTINUE ITS USE OF
THE PARTICULAR ITEMS OF THE SPECIAL EQUIPMENT WHICH ARE NON-COMPLIANT AND REMOVE
THE SAME.
26.30.7
REMOVAL AT END OF TERM.
UPON THE EXPIRATION OR EARLIER TERMINATION
OF THIS LEASE, TENANT SHALL, SUBJECT TO THE REASONABLE CONTROL OF AND DIRECTION
FROM LANDLORD, REMOVE THE SPECIAL EQUIPMENT, REPAIR ANY DAMAGE CAUSED THEREBY,
AND RESTORE THE ROOF AND OTHER FACILITIES OF THE BUILDING TO THEIR CONDITION
EXISTING PRIOR TO THE INSTALLATION OF THE SPECIAL EQUIPMENT.
26.30.8
RIGHTS PERSONAL.
NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS
SECTION 26.30 TO THE CONTRARY, TENANT'S RIGHTS UNDER THIS SECTION 26.30:
(I) ARE PERSONAL TO THE ORIGINAL TENANT AND ANY ASSIGNEE (INCLUDING ANY
AFFILIATE) TO WHICH TENANT'S ENTIRE INTEREST IN THIS LEASE HAS BEEN ASSIGNED
PURSUANT TO ARTICLE 14 OF THIS LEASE; (II) MAY ONLY BE EXERCISED BY THE ORIGINAL
TENANT OR SUCH ASSIGNEE AND SHALL ONLY BE UTILIZED WHEN THE ORIGINAL TENANT OR
SUCH ASSIGNEE IS IN ACTUAL AND PHYSICAL POSSESSION OF ANY PORTION OF THE
PREMISES; AND (III) MAY NOT BE TRANSFERRED TO OR USED BY ANY PERSON OR ENTITY
OTHER THAN THE ORIGINAL TENANT OR SUCH ASSIGNEE, EXCEPT THAT TENANT MAY PERMIT
SUBTENANTS (INCLUDING AFFILIATES) UNDER