IN SECTION 15.1, LANDLORD HEREBY INDEMNIFIES AND HOLDS
TENANT HARMLESS FROM ALL EXPENSES, COSTS (INCLUDING REASONABLE ATTORNEY FEES AND
DISBURSEMENTS), LOSS, LIABILITY AND CLAIMS BASED ON, ARISING OUT OF OR RESULTING
FROM ANY ACT, OMISSION (WHERE THERE WAS A DUTY TO ACT) OR NEGLECT OF LANDLORD,
OR LANDLORD'S AGENTS, SERVANTS, EMPLOYEES OR CONTRACTORS, EXCLUDING ANY CLAIM
FOR BUSINESS INTERRUPTION OR CONSEQUENTIAL DAMAGES.
ARTICLE XVI
RULES
16.1
TENANT SHALL AT ALL TIMES ABIDE BY AND OBSERVE (AND SHALL CAUSE
TENANT'S AGENTS TO ABIDE BY AND OBSERVE) THE RULES SPECIFIED IN EXHIBIT C, AS
WELL AS ANY REASONABLE NEW OR
F-40
AMENDED RULES THAT LANDLORD OR THE MANAGING AGENT OF THE BUILDING MAY PROMULGATE
FROM TIME TO TIME FOR THE OPERATION AND MAINTENANCE OF THE PROPERTY, OR THAT
LANDLORD OR THE MANAGING AGENT OF THE BUILDING MAY PROMULGATE FROM TIME TO TIME
FOR THE OPERATION AND MAINTENANCE OF THE BUILDING IN GENERAL), PROVIDED THAT
REASONABLE ADVANCE NOTICE OF ANY SUCH NEW OR AMENDED RULE IS GIVEN TO TENANT
(WHICH NOTICE MAY BE DISTRIBUTED TO TENANT AT THE PREMISES, NOTWITHSTANDING
ANYTHING TO THE CONTRARY SET FORTH IN SECTION 27.1 BELOW), PROVIDED SAME DOES
NOT MATERIALLY INCREASE TENANT'S COSTS OR DECREASE TENANT'S RIGHTS UNDER THE
LEASE.
ALL RULES SHALL BE BINDING UPON TENANT AND ENFORCEABLE BY LANDLORD AS IF
SUCH RULES WERE CONTAINED IN THIS LEASE.
LANDLORD SHALL NOT ENFORCE ANY RULE IN
A MANNER WHICH UNREASONABLY DISCRIMINATES AMONG SIMILARLY SITUATED TENANTS OF
THE BUILDING.
IN THE EVENT OF ANY CONFLICT BETWEEN ANY SUCH RULES AND THE OTHER
TERMS AND PROVISIONS OF THIS LEASE, THE LATTER SHALL GOVERN AND CONTROL THE
RESOLUTION OF SUCH CONFLICT.
HOWEVER, NOTHING CONTAINED IN THIS LEASE SHALL BE
CONSTRUED AS IMPOSING UPON LANDLORD ANY DUTY OR OBLIGATION TO ENFORCE, AS
AGAINST ANY OTHER TENANT, SUCH RULES, OR THE TERMS, CONDITIONS OR COVENANTS
CONTAINED IN ANY OTHER LEASE, AND LANDLORD SHALL NOT BE LIABLE TO TENANT FOR THE
VIOLATION OF SUCH RULES OR SUCH TERMS, CONDITIONS OR COVENANTS BY ANY OTHER
TENANT OR ITS EMPLOYEES, AGENTS, ASSIGNEES, SUBTENANTS, INVITEES OR LICENSEES.
ARTICLE XVII
DAMAGE OR DESTRUCTION
17.1
IF THE PREMISES IS TOTALLY OR PARTIALLY DAMAGED OR DESTROYED BY
FIRE OR OTHER INSURED CASUALTY, OR IF THE BUILDING IS DAMAGED OR DESTROYED BY
FIRE OR OTHER INSURED CASUALTY SUCH THAT TENANT IS DEPRIVED OF REASONABLE ACCESS
TO THE PREMISES, THEN, IN EITHER SUCH EVENT, BUT SUBJECT TO THE PROVISIONS OF
THIS ARTICLE XVII, LANDLORD SHALL DILIGENTLY REPAIR AND RESTORE SUCH DAMAGED OR
DESTROYED PORTIONS OF THE PREMISES AND THE TENANT IMPROVEMENT WORK IN THE
PREMISES, AND/OR SUCH PORTIONS OF THE COMMON AREAS OF THE BUILDING AS ARE
NECESSARY TO RESTORE REASONABLE ACCESS TO THE PREMISES, TO SUBSTANTIALLY THE
SAME CONDITION THE SAME WERE IN PRIOR TO SUCH DAMAGE OR DESTRUCTION; PROVIDED,
HOWEVER, THAT IF IN LANDLORD'S JUDGMENT SUCH REPAIR AND RESTORATION CANNOT BE
COMPLETED WITHIN TWO HUNDRED SEVENTY (270) DAYS FROM THE DATE OF SUCH DAMAGE OR
DESTRUCTION (TAKING INTO ACCOUNT, AMONG OTHER FACTORS, THE TIME NEEDED FOR
EFFECTING A