OF THE DATE
OF NOTICE BY LANDLORD OF SUCH ELECTION, HAVE NO FURTHER RIGHT TO OR INTEREST IN
THE RENT OR OTHER CONSIDERATION RECEIVABLE THEREUNDER.
IV.
CONSENT.
IF ANY ACTION BY EITHER PARTY SHALL REQUIRE THE CONSENT
TO OR APPROVAL OF SUCH ACTION ON ANY ONE OCCASION, THE SAME SHALL NOT BE DEEMED
A CONSENT TO OR APPROVAL OF SAID ACTION ON ANY SUBSEQUENT OCCASION OR A CONSENT
TO OR APPROVAL OF ANY OTHER ACTION ON THE SAME OR ANY SUBSEQUENT OCCASION.
V.
LANDLORD DEFAULT.
IF LANDLORD FAILS TO PERFORM ANY OF ITS
OBLIGATIONS PROVIDED IN THIS LEASE WITHIN THIRTY (30) DAYS WRITTEN NOTICE (OR
FIVE (5) DAYS WRITTEN NOTICE IF SUCH FAILURE CAUSES THE PREMISES TO BE
UNTENABLE, UNSAFE OR UNHEALTHFUL FOR ITS OCCUPANTS)
THEN LANDLORD SHALL BE
DEEMED IN DEFAULT, AND THEREAFTER TENANT SHALL BE ALLOWED ALL REMEDIES AT LAW OR
AS PROVIDED UNDER THIS LEASE, INCLUDING BUT NOT LIMITED TO, LEASE TERMINATION,
RENTAL ABATEMENT OR OFFSET, AND/OR TO PERFORM ON LANDLORD'S BEHALF AND AT
LANDLORD'S COST.
BROKERAGE FEES AND COMMISSIONS
LANDLORD AND TENANT EACH REPRESENT AND WARRANT THAT NO REAL ESTATE BROKER OR
AGENT EXCEPT
24
MADISON PARTNERS (THE "TENANT'S BROKER") ON BEHALF OF TENANT AND CRESA PARTNERS
(THE "LANDLORD'S BROKER") ACTED ON ITS BEHALF IN CONNECTION WITH THIS LEASE
TRANSACTION.
TENANT AND LANDLORD EACH AGREE TO DEFEND, INDEMNIFY AND HOLD EACH
OTHER, ITS AGENTS, EMPLOYEES, PARTNERS, DIRECTORS, SHAREHOLDERS AND INDEPENDENT
CONTRACTORS HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, COSTS, DEMANDS,
JUDGMENTS, SETTLEMENTS, CLAIMS, AND LOSSES, INCLUDING REASONABLE ATTORNEYS FEES
AND COSTS, INCURRED BY LANDLORD OR TENANT IN CONNECTION WITH A BREACH OF THE
FOREGOING REPRESENTATION.
LANDLORD COVENANTS AND AGREES THAT IT SHALL BE SOLELY
RESPONSIBLE FOR THE PAYMENT OF ANY LEASING COMMISSIONS WHICH MAY BECOME DUE TO
LANDLORD'S BROKER IN CONNECTION WITH THIS LEASE.
TENANT COVENANTS AND AGREES
THAT IT SHALL BE SOLELY RESPONSIBLE FOR THE PAYMENT OF ANY LEASING COMMISSIONS
WHICH MAY BECOME DUE TO TENANT'S BROKER IN CONNECTION WITH THIS LEASE.
THE
PROVISIONS OF THIS ARTICLE 15 SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION
OF THIS LEASE.
INTENTIONALLY DELETED
ENVIRONMENTAL MATTERS
I.
ENVIRONMENTAL COVENANTS.
TENANT COVENANTS AND AGREES THAT
(A) ALL USES AND OPERATIONS ON OR OF THE DEMISED PREMISES AND PROPERTY BY TENANT
SHALL BE IN COMPLIANCE WITH ALL ENVIRONMENTAL LAWS AND PERMITS ISSUED PURSUANT
THERETO; (B) THERE SHALL BE NO RELEASE OF HAZARDOUS MATERIALS IN, ON, UNDER OR
FROM THE DEMISED PREMISES AND/OR PROPERTY BY TENANT; (C) THERE SHALL BE NO
HAZARDOUS MATERIALS BROUGHT ONTO THE DEMISED PREMISES AND/OR THE PROPERTY BY
TENANT, EXCEPT THOSE THAT ARE BOTH (I) IN COMPLIANCE WITH ALL ENVIRONMENTAL LAWS
AND WITH PERMITS ISSUED PURSUANT THERETO, IF AND TO THE EXTENT REQUIRED, AND
(II) CONSISTENT WITH, AND IN AMOUNTS NOT IN EXCESS OF, THAT NECESSARY FOR
GENERAL OFFICE PURPOSES; (D) TENANT SHALL KEEP THE DEMISED PREMISES AND PROPERTY
FREE AND CLEAR OF ALL LIENS AND OTHER ENCUMBRANCES IMPOSED PURSUANT TO ANY
ENVIRONMENTAL LAW, DUE TO ANY ACT OR OMISSION OF TENANT (THE "ENVIRONMENTAL
LIENS"); (E)