BILL TENANT DIRECTLY OR BY NOTICE TO
TENANT REQUIRE TENANT TO MAINTAIN THE SAME AT TENANT'S EXPENSE.
COSTS INCURRED
BY THE LANDLORD UNDER THE FOREGOING SUBSECTION (I) SHALL NOT BE INCLUDED IN
OPERATING EXPENSES.
IF TENANT BECOMES AWARE OF ANY CONDITION THAT IS LANDLORD'S
RESPONSIBILITY TO REPAIR, TENANT SHALL PROMPTLY NOTIFY LANDLORD OF THE
CONDITION.
(B)
EXCEPT AS PROVIDED IN SUBSECTION (A) ABOVE, TENANT AT ITS SOLE
EXPENSE SHALL MAINTAIN THE PREMISES AND ALL FIXTURES AND EQUIPMENT IN THE
PREMISES.
ALL REPAIRS AND REPLACEMENTS BY TENANT SHALL UTILIZE MATERIALS AND
EQUIPMENT WHICH ARE COMPARABLE TO THOSE ORIGINALLY USED IN CONSTRUCTING THE
BUILDING AND PREMISES.
ALTERATIONS, REPAIRS AND REPLACEMENTS TO THE PROPERTY,
INCLUDING THE PREMISES, MADE NECESSARY BECAUSE OF TENANT'S ALTERATIONS OR
INSTALLATIONS, ANY USE OR CIRCUMSTANCES SPECIAL OR PARTICULAR TO TENANT, OR ANY
ACT OR OMISSION OF TENANT OR ITS AGENTS SHALL BE MADE BY LANDLORD OR TENANT AS
SET FORTH ABOVE, BUT AT THE SOLE EXPENSE OF TENANT.
10.
COMPLIANCE.
(A)
TENANT WILL, AT ITS EXPENSE, PROMPTLY COMPLY WITH ALL LAWS NOW OR
SUBSEQUENTLY PERTAINING TO THE PREMISES OR TENANT'S USE OR OCCUPANCY.
LANDLORD
WILL, AT ITS EXPENSE, COMPLY WITH ALL LAWS PERTAINING TO THE PREMISES PRIOR TO
TENANT'S USE OR OCCUPANCY.
TENANT SHALL HAVE NO RESPONSIBILITY FOR COMPLYING
WITH LAWS FOR PORTIONS OF THE BUILDING WHICH DO NOT INCLUDE TENANT'S PREMISES.
TENANT WILL PAY ANY TAXES OR OTHER CHARGES BY ANY AUTHORITY ON TENANT'S
6
PROPERTY OR TRADE FIXTURES OR RELATING TO TENANT'S USE OF THE PREMISES.
NEITHER
TENANT NOR ITS AGENTS SHALL USE THE PREMISES IN ANY MANNER THAT UNDER ANY LAW
WOULD REQUIRE LANDLORD TO MAKE ANY ALTERATION TO OR IN THE BUILDING OR COMMON
AREAS (WITHOUT LIMITING THE FOREGOING, TENANT SHALL NOT USE THE PREMISES IN ANY
MANNER THAT WOULD CAUSE THE PREMISES OR THE PROPERTY TO BE DEEMED A "PLACE OF
PUBLIC ACCOMMODATION" UNDER THE ADA IF SUCH USE WOULD REQUIRE ANY SUCH
ALTERATION).
TENANT SHALL BE RESPONSIBLE FOR COMPLIANCE WITH THE ADA, AND ANY
OTHER LAWS REGARDING ACCESSIBILITY, WITH RESPECT TO THE PREMISES, EXCEPT TO THE
EXTENT THAT VIOLATIONS OF THE ADA AND SAID LAWS EXISTED PRIOR TO TENANT'S USE OR
OCCUPANCY OF THE PREMISES.
(B)
TENANT WILL COMPLY, AND WILL CAUSE ITS AGENTS TO COMPLY, WITH THE
BUILDING RULES.
(C)
TENANT AGREES NOT TO DO ANYTHING OR FAIL TO DO ANYTHING WHICH WILL
INCREASE THE COST OF LANDLORD'S INSURANCE OR WHICH WILL PREVENT LANDLORD FROM
PROCURING POLICIES (INCLUDING PUBLIC LIABILITY) FROM COMPANIES AND IN A FORM
SATISFACTORY TO LANDLORD.
IF ANY BREACH OF THE PRECEDING SENTENCE BY TENANT
CAUSES THE RATE OF FIRE OR OTHER INSURANCE TO BE INCREASED, TENANT SHALL PAY THE
AMOUNT OF SUCH INCREASE AS ADDITIONAL RENT WITHIN 30 DAYS AFTER BEING BILLED.
(D)
TENANT AGREES THAT (I) NO ACTIVITY WILL BE CONDUCTED ON THE
PREMISES THAT WILL USE OR PRODUCE ANY HAZARDOUS MATERIALS, EXCEPT FOR ACTIVITIES
WHICH ARE PART OF THE ORDINARY COURSE OF TENANT'S BUSINESS AND ARE CONDUCTED IN
ACCORDANCE WITH ALL ENVIRONMENTAL LAWS ("PERMITTED ACTIVITIES");