CAUSE TENANT TO BE IN
VIOLATION OF ANY AGREEMENT, INSTRUMENT, CONTRACT, LAW, RULE OR REGULATION BY
WHICH TENANT IS BOUND, AND TENANT SHALL PROTECT, DEFEND, INDEMNIFY AND HOLD
LANDLORD HARMLESS AGAINST ANY CLAIMS, DEMANDS, LOSSES, DAMAGES, LIABILITIES,
COSTS AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES
AND COSTS, ARISING FROM TENANT'S BREACH OF THIS WARRANTY AND REPRESENTATION.
29.32
COMMUNICATIONS AND COMPUTER LINES.
TENANT MAY INSTALL, MAINTAIN,
REPLACE, REMOVE OR USE ANY COMMUNICATIONS OR COMPUTER WIRES AND CABLES
(COLLECTIVELY, THE "LINES") AT THE PROJECT IN OR SERVING THE PREMISES, PROVIDED
THAT (I) TENANT SHALL OBTAIN LANDLORD'S PRIOR WRITTEN CONSENT, USE AN
EXPERIENCED AND QUALIFIED CONTRACTOR REASONABLY APPROVED BY LANDLORD, AND COMPLY
WITH ALL OF THE OTHER PROVISIONS OF ARTICLES 7 AND 8 OF THIS LEASE, (II) AN
ACCEPTABLE NUMBER OF SPARE LINES AND SPACE FOR ADDITIONAL LINES SHALL BE
MAINTAINED FOR EXISTING AND FUTURE OCCUPANTS OF THE PROJECT, AS DETERMINED IN
LANDLORD'S REASONABLE OPINION, (III) THE LINES THEREFOR (INCLUDING RISER CABLES)
SHALL BE (X) APPROPRIATELY INSULATED TO PREVENT EXCESSIVE ELECTROMAGNETIC FIELDS
OR RADIATION, (Y) SURROUNDED BY A PROTECTIVE CONDUIT REASONABLY ACCEPTABLE TO
LANDLORD, AND (Z) IDENTIFIED IN ACCORDANCE WITH THE "IDENTIFICATION
REQUIREMENTS," AS THAT TERM IS SET FORTH HEREINBELOW, (IV) ANY NEW OR EXISTING
LINES SERVICING THE PREMISES SHALL COMPLY WITH ALL APPLICABLE GOVERNMENTAL LAWS
AND REGULATIONS, (V) AS A CONDITION TO PERMITTING THE INSTALLATION OF NEW LINES,
TENANT SHALL REMOVE EXISTING LINES LOCATED IN OR SERVING THE PREMISES AND REPAIR
ANY DAMAGE IN CONNECTION WITH SUCH REMOVAL, AND (VI) TENANT SHALL PAY ALL COSTS
IN CONNECTION THEREWITH.
ALL LINES SHALL BE CLEARLY MARKED WITH ADHESIVE
PLASTIC LABELS (OR PLASTIC TAGS ATTACHED TO SUCH LINES WITH WIRE) TO SHOW
TENANT'S NAME, SUITE NUMBER, TELEPHONE NUMBER AND THE NAME
65
*** CONFIDENTIAL PORTIONS OF THIS DOCUMENT HAVE BEEN REDACTED AND FILED
SEPARATELY WITH THE COMMISSION.
OF THE PERSON TO CONTACT IN THE CASE OF AN EMERGENCY (A) EVERY FOUR FEET (4')
OUTSIDE THE PREMISES (SPECIFICALLY INCLUDING, BUT NOT LIMITED TO, THE ELECTRICAL
ROOM RISERS AND OTHER COMMON AREAS), AND (B) AT THE LINES' TERMINATION
POINT(S) (COLLECTIVELY, THE "IDENTIFICATION REQUIREMENTS").
LANDLORD RESERVES
THE RIGHT TO REQUIRE THAT TENANT REMOVE ANY LINES LOCATED IN OR SERVING THE
PREMISES WHICH ARE INSTALLED IN VIOLATION OF THESE PROVISIONS, OR WHICH ARE AT
ANY TIME (1) ARE IN VIOLATION OF ANY APPLICABLE LAWS, (2) ARE INCONSISTENT WITH
THEN-EXISTING INDUSTRY STANDARDS (SUCH AS THE STANDARDS PROMULGATED BY THE
NATIONAL FIRE PROTECTION ASSOCIATION (E.G., SUCH ORGANIZATION'S "2002 NATIONAL
ELECTRICAL CODE")), OR (3) OTHERWISE REPRESENT A DANGEROUS OR POTENTIALLY
DANGEROUS CONDITION.
29.33
HAZARDOUS SUBSTANCES.
29.33.1
DEFINITIONS.
FOR PURPOSES OF THIS LEASE, THE FOLLOWING DEFINITIONS
SHALL APPLY:
"HAZARDOUS MATERIAL(S)" SHALL MEAN ANY SOLID, LIQUID OR GASEOUS
SUBSTANCE OR MATERIAL THAT IS DESCRIBED OR CHARACTERIZED AS A TOXIC OR HAZARDOUS
SUBSTANCE, WASTE, MATERIAL, POLLUTANT, CONTAMINANT OR INFECTIOUS WASTE, OR ANY
MATTER THAT IN CERTAIN SPECIFIED QUANTITIES WOULD BE INJURIOUS TO THE PUBLIC
HEALTH OR WELFARE, OR WORDS OF SIMILAR IMPORT, IN ANY OF THE "ENVIRONMENTAL
LAWS," AS THAT TERM IS DEFINED