WHICH CASE THE COSTS THEREOF SHALL BE INCLUDED IN EXPENSES.
D.
INTERRUPTIONS AND CHANGES.
LANDLORD SHALL HAVE NO LIABILITY FOR
INTERRUPTIONS, VARIATIONS, SHORTAGES, FAILURES, CHANGES IN QUALITY, QUANTITY,
CHARACTER OR AVAILABILITY OF ANY UTILITIES OR SERVICES CAUSED BY REPAIRS,
MAINTENANCE, REPLACEMENTS, ALTERATIONS (INCLUDING ANY FREON RETROFIT WORK),
IMPROVEMENTS, CHANGES OF SERVICE, STRIKES, LOCKOUTS, LABOR CONTROVERSIES,
ACCIDENTS, INABILITY TO OBTAIN SERVICES, FUEL, STEAM, WATER OR SUPPLIES,
GOVERNMENTAL OR UTILITY COMPANY ACTS OR OMISSIONS, REQUIREMENTS, GUIDELINES OR
REQUESTS, OR OTHER CAUSES BEYOND LANDLORD'S REASONABLE CONTROL (OR UNDER ANY
CIRCUMSTANCES WITH RESPECT TO UTILITIES OR SERVICES NOT REQUIRED TO BE PROVIDED
BY LANDLORD HEREUNDER).
IN ANY SUCH EVENTS AFTER RECEIVING NOTICE, LANDLORD
SHALL USE REASONABLE EFFORTS TO RESTORE SUCH UTILITIES OR SERVICES REQUIRED TO
BE PROVIDED HEREUNDER TO REASONABLE LEVELS.
EXCEPT AS EXPRESSLY SET FORTH
BELOW, UNDER NO CIRCUMSTANCES WHATSOEVER SHALL ANY OF THE FOREGOING BE DEEMED AN
EVICTION OR DISTURBANCE OF TENANT'S USE AND POSSESSION OF THE PREMISES OR ANY
PART THEREOF, SERVE TO ABATE RENT, OR RELIEVE TENANT FROM PERFORMANCE OF
TENANT'S OBLIGATIONS UNDER THIS LEASE.
LANDLORD IN NO EVENT SHALL BE LIABLE FOR
DAMAGES BY REASON OF LOSS OF PROFITS, BUSINESS INTERRUPTION OR OTHER
CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE FOREGOING EVENTS.
NOTWITHSTANDING
THE FOREGOING, IN THE EVENT ANY SUCH FAILURE IN FURNISHING ANY SERVICES REQUIRED
TO BE PROVIDED BY LANDLORD ABOVE IS CAUSED BY THE NEGLIGENCE OR WILLFUL
MISCONDUCT OF LANDLORD AND IF SUCH FAILURE CAUSES THE PREMISES TO BE
UNTENANTABLE, AND AS A RESULT THEREOF TENANT IN FACT CEASES TO USE THE PREMISES
FOR A PERIOD IN EXCESS OF FIVE (5) CONSECUTIVE DAYS, THEN COMMENCING ON THE
SIXTH (6TH) CONSECUTIVE DAY OF SUCH UNTENANTABILITY AND NON-USE, BASE RENT AND
TENANT'S SHARE OF TAXES AND EXPENSES PAYABLE BY TENANT SHALL BE ABATED UNTIL THE
EARLIEST TO OCCUR OF (I) THE DATE SUCH FAILURE OR DELAY
7
IS REMEDIED, (II) THE DATE THE PREMISES ARE AGAIN TENANTABLE OR (III) THE DATE
TENANT RESUMES USE OF THE PREMISES.
ARTICLE 7:
USE, COMPLIANCE WITH LAWS, AND RULES
A.
USE OF PREMISES.
TENANT SHALL USE THE PREMISES ONLY FOR THE
PERMITTED USE IDENTIFIED IN ARTICLE 1, AND ALL USES CUSTOMARILY AND INCIDENTALLY
RELATED TO GENERAL OFFICE PURPOSES, AND NO OTHER PURPOSE WHATSOEVER, SUBJECT TO
THE OTHER PROVISIONS HEREOF AND OF THIS LEASE.
SUBJECT TO BUILDING RULES AND
REGULATIONS FOR AFTER NORMAL BUSINESS HOURS ACCESS, TENANT SHALL BE ALLOWED FULL
ACCESS TO THE PREMISES AT ALL TIMES, 7 DAYS PER WEEK, 24 HOURS PER DAY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LEASE, TENANT SHALL
NOT USE OR PERMIT THE PREMISES TO BE USED AS A: (I) POLITICAL PARTY OR
SOCIAL-WELFARE OFFICE, (II) MEDICAL, DENTAL, PSYCHOLOGY OR SCIENCE OFFICE OR
LABORATORY, INCLUDING FOR TREATMENT, RESEARCH, TESTING OR COUNSELING,
(III) MULTI-PARTY "EXECUTIVE" OR "LEGAL" SUITE TYPE OFFICES, (IV) DATA
PROCESSING, TELECOMMUNICATIONS OR TELEMARKETING CENTER, (V) SCHOOL, EDUCATIONAL
OR TRAINING FACILITY, (VI) EMPLOYMENT, PLACEMENT, RECRUITING OR CLERICAL SUPPORT
AGENCY, (VII) COMPUTERIZED VEHICLE SALES, LOAN OR "FINDER" SERVICE,
(VIII) GOVERNMENTAL OR QUASI-GOVERNMENTAL OFFICE, WHETHER LOCAL,