PERMIT TO BE DONE ANY ACT OR THING UPON THE DEMISED PREMISES
WHICH SHALL OR MIGHT SUBJECT LANDLORD TO ANY LIABILITY OR RESPONSIBILITY FOR
INJURY TO ANY PERSON OR PERSONS OR TO PROPERTY BY REASON OF ANY BUSINESS OR
OPERATION BEING CARRIED ON WITHIN THE DEMISED PREMISES; BUT NOTHING IN THIS
SECTION 9.01 SHALL PREVENT TENANT'S USE OF THE DEMISED PREMISES FOR THE PURPOSES
STATED IN ARTICLE 5 HEREOF.
9.02
IF, AS A RESULT OF ANY VIOLATION OF THIS LEASE BY TENANT, THE RATE
OF FIRE INSURANCE APPLICABLE TO THE BUILDING SHALL BE INCREASED TO AN AMOUNT
HIGHER THAT IT OTHERWISE WOULD BE, THEN IN ADDITION TO ANY OTHER REMEDIES WHICH
LANDLORD HAS HEREUNDER FOR ANY SUCH VIOLATIONS OF THE TERMS OF THIS LEASE,
TENANT SHALL REIMBURSE LANDLORD FOR ALL INCREASES OF LANDLORD'S FIRE INSURANCE
PREMIUMS SO CAUSED; SUCH REIMBURSEMENT TO BE ADDITIONAL RENT PAYABLE UPON THE
FIRST DAY OF THE MONTH FOLLOWING ANY OUTLAY BY LANDLORD FOR SUCH INCREASED FIRE
INSURANCE PREMIUMS.
IN ANY ACTION OR PROCEEDING WHEREIN LANDLORD AND TENANT ARE
PARTIES, A SCHEDULE OR "MAKEUP" OF RATES FOR THE BUILDING OR DEMISED PREMISES
ISSUED BY THE BODY MAKING FIRE INSURANCE RATES FOR THE DEMISED PREMISES, SHALL
BE PRESUMPTIVE EVIDENCE OF THE FACTS THEREIN STATED AND OF THE SEVERAL ITEMS AND
CHARGES IN THE FIRE INSURANCE RATE THEN APPLICABLE TO THE DEMISED PREMISES.
9.03
LANDLORD OR ITS AGENTS SHALL NOT BE LIABLE FOR ANY INJURY OR DAMAGE
TO PERSONS OR PROPERTY RESULTING FROM FIRE, EXPLOSION, FALLING PLASTER, STEAM,
GAS, ELECTRICITY, WATER, RAIN OR SNOW OR LEAKS FROM ANY PART OF THE BUILDING, OR
FROM THE PIPES, APPLIANCES OR PLUMBING WORKS OR FROM THE ROOF, STREET OR
SUBSURFACE OR FROM ANY OTHER PLACE OR BY DAMPNESS OR BY ANY OTHER CAUSE OF
WHATSOEVER NATURE, UNLESS ANY OF THE FOREGOING SHALL BE CAUSED BY OR DUE TO THE
NEGLIGENCE OF LANDLORD, ITS AGENTS, SERVANTS OR EMPLOYEES.
9.04
LANDLORD OR ITS AGENTS SHALL NOT BE LIABLE FOR ANY DAMAGE WHICH
TENANT MAY SUSTAIN, IF AT ANY TIME ANY WINDOW OF THE DEMISED PREMISES IS BROKEN
OR TEMPORARILY OR PERMANENTLY (RESTRICTED TO WINDOWS ON A LOT LINE, IF
PERMANENTLY) CLOSED, DARKENED OR BRICKED UP FOR ANY REASON WHATSOEVER, EXCEPT
ONLY LANDLORD'S ARBITRARY ACTS IF THE RESULT IS PERMANENT, AND
17
TENANT SHALL NOT BE ENTITLED TO ANY COMPENSATION THEREFOR OR ABATEMENT OF RENT
OR TO ANY RELEASE FROM ANY OF TENANT'S OBLIGATIONS UNDER THIS LEASE, NOR SHALL
THE SAME CONSTITUTE AN EVICTION.
9.05
SUBJECT TO THE TERMS OF SECTION 9.08 OF THIS LEASE, TENANT SHALL
REIMBURSE LANDLORD FOR ALL EXPENSES, DAMAGES OR FINES INCURRED OR SUFFERED BY
LANDLORD, BY REASON OF ANY BREACH, VIOLATION OR NONPERFORMANCE BY TENANT, OR ITS
AGENTS, SERVANTS OR EMPLOYEES, OF ANY COVENANT OR PROVISION OF THIS LEASE, OR BY
REASON OF DAMAGE TO PERSONS OR PROPERTY CAUSED BY MOVING PROPERTY OF OR FOR
TENANT IN OR OUT OF THE BUILDING, OR BY THE INSTALLATION OR REMOVAL OF FURNITURE
OR OTHER PROPERTY OF OR FOR TENANT OR