TO
SECTION 4.3(E), TENANT'S OBLIGATIONS HEREUNDER SHALL INCLUDE, WITHOUT
LIMITATION, AND WHETHER FORESEEABLE OR UNFORESEEABLE, ALL COSTS OF ANY REQUIRED
OR NECESSARY REPAIRS, CLEAN-UP OR DETOXIFICATION OR DECONTAMINATION OF THE
DEMISED PREMISES OR THE IMPROVEMENTS, AND THE PRESENCE AND IMPLEMENTATION OF ANY
CLOSURE, REMEDIAL ACTION OR OTHER REQUIRED PLANS IN
10
CONNECTION THEREWITH, AND SHALL SURVIVE THE EXPIRATION OF OR EARLY TERMINATION
OF THE TERM OF THIS LEASE.
(E)
LANDLORD REPRESENTS AND WARRANTS THAT AS OF
THE DATE OF THIS LEASE THERE ARE, AND AS OF THE COMMENCEMENT DATE THERE WILL BE,
NO HAZARDOUS MATERIALS PRESENT ON THE DEMISED PREMISES OTHER THAN AN AS REQUIRED
FOR THE NORMAL OPERATION OF THE DEMISED PREMISES AND IN ACCORDANCE WITH ALL
HAZARDOUS MATERIALS LAWS.
LANDLORD SHALL INDEMNIFY, DEFEND (WITH COUNSEL
REASONABLY ACCEPTABLE TO TENANT), PROTECT AND HOLD TENANT AND EACH OF TENANT'S
OFFICERS, DIRECTORS, PARTNERS, SHAREHOLDERS, AFFILIATES, EMPLOYEES, AGENTS,
ATTORNEYS, SUCCESSORS AND ASSIGNS FREE AND HARMLESS FROM AND AGAINST ANY AND ALL
CLAIMS, LIABILITIES, DAMAGES, COSTS, PENALTIES, FORFEITURES, LOSSES OR EXPENSES
(INCLUDING ATTORNEYS' FEES) FOR DEATH OR INJURY TO ANY PERSON OR DAMAGE TO ANY
PROPERTY WHATSOEVER (INCLUDING WATER TABLES AND ATMOSPHERE) ARISING OR RESULTING
IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE PRESENCE OF HAZARDOUS
MATERIALS IN, ON, UNDER, UPON OR FROM THE DEMISED PREMISES OR THE PROJECT UNLESS
SUCH HAZARDOUS MATERIALS ARE PRESENT AS THE RESULT OF THE ACTS OF TENANT, ITS
OFFICERS, EMPLOYEES OR AGENTS.
For purposes of the indemnity provided herein, any act or omission of Landlord
or its agents, employees, contractors or subcontractors (whether or not they are
negligent, intentional, willful or unlawful) shall be strictly attributable to
Landlord.
Landlord's obligations hereunder shall include, without limitation,
and whether foreseeable or unforeseeable, all costs of any required or necessary
repairs, clean-up or detoxification or decontamination of the Demised Premises
or the Project, and the presence and implementation of any closure, remedial
action or other required plans in connection therewith, and shall survive the
expiration of or early termination of the term of this Lease.
(F)
THE OBLIGATIONS OF LANDLORD AND TENANT
UNDER THIS SECTION 4.3 SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF
THIS LEASE.
ARTICLE V
UTILITIES AND SERVICES
5.1
STANDARD TENANT SERVICES.
EXCEPT AS
PROVIDED BELOW, LANDLORD SHALL PROVIDE, TO THE DEMISED PREMISES (OR PORTIONS
THEREOF, AS NOTED BELOW), THE FOLLOWING SERVICES ON ALL DAYS (UNLESS OTHERWISE
STATED BELOW) DURING THE LEASE TERM:
5.1.1
SUBJECT TO ALL GOVERNMENTAL RULES, REGULATIONS AND
GUIDELINES APPLICABLE THERETO, LANDLORD SHALL PROVIDE HEATING, VENTILATION AND
AIR CONDITIONING ("HVAC") WHEN NECESSARY FOR NORMAL COMFORT FOR NORMAL OFFICE
USE IN THE DEMISED PREMISES FROM MONDAY THROUGH FRIDAY, DURING THE PERIOD FROM
7:00 A.M. TO 7:00 P.M. AND ON SATURDAY DURING THE PERIOD FROM 9:00 A.M. TO
1:00 P.M. (THE "BUILDING HOURS"), EXCEPT FOR THE DATE OF OBSERVATION OF NEW
YEAR'S DAY, PRESIDENTS DAY, INDEPENDENCE DAY, LABOR DAY, MEMORIAL DAY,
THANKSGIVING DAY, CHRISTMAS DAY AND, AT LANDLORD'S DISCRETION, OTHER LOCALLY OR
NATIONALLY RECOGNIZED HOLIDAYS (COLLECTIVELY, THE "HOLIDAYS").
5.1.2
NOTWITHSTANDING ANYTHING TO THE