WHICH WOULD IN ANY WAY VIOLATE ANY CERTIFICATE OF OCCUPANCY AFFECTING THE
DEMISED PREMISES, OR MAKE VOID OR VOIDABLE ANY INSURANCE THEN IN FORCE WITH
RESPECT THERETO, OR WHICH MAY MAKE IT IMPOSSIBLE TO OBTAIN FIRE OR OTHER
INSURANCE THEREON REQUIRED TO BE FURNISHED BY TENANT HEREUNDER, OR WHICH MAY
RESULT IN INCREASES IN INSURANCE COSTS OF LANDLORD, OR AS WILL CAUSE OR BE APT
TO CAUSE STRUCTURAL INJURY TO THE IMPROVEMENTS OR ANY PART THEREOF OR ADVERSELY
AFFECT ANY BUILDING SYSTEMS OR EQUIPMENT, OR AS WILL CONSTITUTE A PUBLIC OR
PRIVATE NUISANCE, AND SHALL NOT USE OR OCCUPY THE DEMISED PREMISES IN A MANNER
WHICH MAY VIOLATE ANY PRESENT OR FUTURE LAWS, REGULATIONS, ORDINANCES OR
REQUIREMENTS OF THE FEDERAL, STATE OR MUNICIPAL GOVERNMENTS, OR OF ANY
DEPARTMENTS, SUBDIVISION, BUREAUS OR OFFICES THEREOF, OR OF ANY OTHER
GOVERNMENTAL, PUBLIC OR QUASI-PUBLIC AUTHORITIES NOW EXISTING OR HEREAFTER
CREATED, HAVING JURISDICTION IN THE DEMISED PREMISES; PROVIDED, HOWEVER, THAT
TENANT MAY, IN GOOD FAITH (AND WHEREVER NECESSARY IN THE NAME OF, BUT WITHOUT
EXPENSE TO, THE LANDLORD) CONTEST THE VALIDITY OF ANY SUCH LAWS, REGULATIONS,
ORDINANCES OR REQUIREMENTS AND, PENDING THE DETERMINATION OF SUCH CONTEST, MAY
POSTPONE
9
COMPLIANCE THEREWITH, EXCEPT THAT THE TENANT SHALL NOT SO POSTPONE COMPLIANCE
THEREWITH IF SUCH POSTPONEMENT WILL SUBJECT THE LANDLORD TO ANY FINE OR PENALTY
OR TO PROSECUTION FOR A CRIME.
TENANT WILL INDEMNIFY, DEFEND AND SAVE HARMLESS
LANDLORD, IN LANDLORD'S INDIVIDUAL AS WELL AS LANDLORD'S REPRESENTATIVE
CAPACITY, IF ANY, AGAINST ANY RECOVERY OR LOSS TO WHICH LANDLORD MAY BE SUBJECT
OR WHICH LANDLORD MAY SUSTAIN, INCLUDING REASONABLE ATTORNEY FEES AND EXPENSES
INCURRED BY LANDLORD ARISING FROM ANY BREACH OF THIS COVENANT OR BY REASON OF
ANY ACTION OR PROCEEDINGS WHICH MAY BE BROUGHT AGAINST LANDLORD OR AGAINST THE
DEMISED PREMISES, OR ANY PART THEREOF, BY VIRTUE OF ANY VIOLATION BY TENANT OF
SUCH LAWS, REGULATIONS, ORDINANCES OR REQUIREMENTS, AND EXCEPT THAT TENANT SHALL
NOT INDEMNIFY LANDLORD AGAINST THE NEGLIGENCE OR WILLFUL ACTS OF LANDLORD, ITS
AGENTS AND EMPLOYEES.
B.
LANDLORD ACKNOWLEDGES THAT TENANT, FOR THE BENEFIT OF ITSELF AND
ITS AFFILIATES, RESERVES AND MAINTAINS THE EXCLUSIVE RIGHT TO THE BANKING USE
WITHIN THE BUILDING DURING THE LEASE TERM.
FOR PURPOSES OF THIS SECTION, THE
TERM "BANKING USE" IS DEFINED AS CONDUCTING RETAIL OR WHOLESALE BANKING
OPERATIONS, WHICH INCLUDE, BUT ARE NOT LIMITED TO, RECEIVING DEPOSITS OR MAKING
LOANS TO THE GENERAL PUBLIC, WHETHER DONE BY A STATE BANK, NATIONAL BANK,
SAVINGS AND LOAN INSTITUTION, CREDIT UNION, INVESTMENT BROKERAGE FIRM, MORTGAGE
COMPANY, OR OTHER ENTITY AND WHETHER ACCOMPLISHED BY MEANS OF FULL SERVICE,
EXPRESS SERVICE OR MOTORBANK FACILITIES.
EXCEPT AS AFORESAID, SO LONG AS TENANT
OR ITS AFFILIATES LEASE ANY PORTION OF THE DEMISED PREMISES PURSUANT TO THIS
LEASE, LANDLORD SHALL NOT LEASE, SUBLEASE, LICENSE, GRANT OCCUPANCY RIGHTS TO OR
PERMIT ANY PORTION OF THE BUILDING BE USED FOR ANY BANKING USE BY ANY PERSON OR
ENTITY OTHER THAN TENANT AND ITS AFFILIATES.
7.05
CONTINUOUS USE.
TENANT SHALL NOT BE REQUIRED TO OCCUPY THE DEMISED