OR REGULATIONS THAT LANDLORD MAY PROMULGATE FROM TIME TO
TIME FOR THE OPERATION AND MAINTENANCE OF THE BUILDING, PROVIDED THAT NOTICE
THEREOF IS GIVEN TO TENANT AND SUCH RULES AND REGULATIONS ARE NOT INCONSISTENT
WITH THE PROVISIONS OF THIS LEASE.
NOTHING CONTAINED IN THIS LEASE SHALL BE
CONSTRUED AS IMPOSING UPON LANDLORD ANY DUTY OR OBLIGATION TO ENFORCE SUCH RULES
AND REGULATIONS, OR THE TERMS, CONDITIONS OR COVENANTS CONTAINED IN ANY OTHER
LEASE, AS AGAINST ANY OTHER TENANT, AND LANDLORD SHALL NOT BE LIABLE TO TENANT
FOR THE VIOLATION OF SUCH RULES OR REGULATIONS BY ANY OTHER TENANT OR ITS
EMPLOYEES, AGENTS, BUSINESS INVITEES, LICENSEES, CUSTOMERS, CLIENTS, FAMILY
MEMBERS OR GUESTS.
LANDLORD SHALL USE REASONABLE EFFORTS TO ENFORCE ALL SUCH
RULES AND REGULATIONS, INCLUDING ANY EXCEPTIONS THERETO, UNIFORMLY AND IN A
MANNER WHICH DOES NOT UNREASONABLY DISCRIMINATE AGAINST TENANT, OR INCREASE
TENANT'S MONETARY OBLIGATIONS UNDER THIS LEASE, ALTHOUGH IT IS UNDERSTOOD THAT
LANDLORD MAY GRANT EXCEPTIONS TO SUCH RULES AND REGULATIONS IN CIRCUMSTANCES IN
WHICH IT REASONABLY DETERMINES SUCH EXCEPTIONS ARE WARRANTED.
IF THERE IS ANY
INCONSISTENCY BETWEEN THIS LEASE AND THE RULES AND REGULATIONS SET FORTH IN
EXHIBIT C, THIS LEASE SHALL GOVERN.
DAMAGE OR DESTRUCTION
IF, DURING THE LEASE TERM, THE PREMISES OR THE BUILDING ARE TOTALLY OR PARTIALLY
DAMAGED OR DESTROYED FROM ANY CAUSE, THEREBY RENDERING THE PREMISES TOTALLY OR
PARTIALLY INACCESSIBLE OR UNUSABLE, LANDLORD SHALL DILIGENTLY (TAKING INTO
ACCOUNT THE TIME NECESSARY TO EFFECTUATE A SATISFACTORY SETTLEMENT WITH ANY
INSURANCE COMPANY INVOLVED) RESTORE AND REPAIR THE PREMISES AND THE BUILDING TO
SUBSTANTIALLY THE SAME CONDITION THEY WERE IN PRIOR TO SUCH DAMAGE; PROVIDED,
HOWEVER, IF IN THE SOLE BUT NOT UNREASONABLE JUDGMENT OF LANDLORD THE REPAIRS
AND RESTORATION CANNOT BE COMPLETED WITHIN ONE HUNDRED EIGHTY (180) DAYS AFTER
THE OCCURRENCE OF SUCH DAMAGE, INCLUDING THE TIME NEEDED FOR REMOVAL OF DEBRIS,
PREPARATION OF PLANS AND ISSUANCE OF ALL REQUIRED GOVERNMENTAL PERMITS, LANDLORD
SHALL PROMPTLY NOTIFY TENANT OF SUCH DETERMINATION.
FOR A PERIOD OF FORTY-FIVE
(45) DAYS AFTER THE DATE OF LANDLORD'S NOTICE, LANDLORD AND TENANT SHALL EACH
HAVE THE RIGHT TO TERMINATE THIS LEASE BY PROVIDING WRITTEN NOTICE TO THE
OTHER.
IF NEITHER PARTY ELECTS TO TERMINATE THIS LEASE WITHIN SUCH FORTY-FIVE
(45) DAY PERIOD, LANDLORD SHALL PROCEED TO REPAIR AND RESTORE THE PREMISES
(INCLUDING THE MEANS OF ACCESS THERETO) AND THE BUILDING.
NOTWITHSTANDING THE
FOREGOING, TENANT SHALL NOT HAVE THE RIGHT TO TERMINATE THIS LEASE IF THE
NEGLIGENCE OR WILLFUL MISCONDUCT OF TENANT, OR ANY OF ITS EMPLOYEES, AGENTS,
LICENSEES, SUBTENANTS, CUSTOMERS, CLIENTS, FAMILY MEMBERS OR GUESTS, SHALL HAVE
CAUSED THE DAMAGE OR DESTRUCTION.
[INTENTIONALLY DELETED.]
IF THIS LEASE IS TERMINATED PURSUANT TO SECTION 17.1 ABOVE, ALL RENT PAYABLE
HEREUNDER SHALL BE APPORTIONED AND PAID TO THE DATE OF THE OCCURRENCE OF SUCH
DAMAGE, AND TENANT SHALL HAVE NO FURTHER RIGHTS OR REMEDIES AS AGAINST LANDLORD
PURSUANT TO THIS LEASE, OR OTHERWISE.
IF THIS LEASE IS NOT TERMINATED AS A
RESULT OF SUCH DAMAGE, AND PROVIDED THAT SUCH DAMAGE WAS NOT CAUSED BY THE
NEGLIGENCE