WITH AND SHALL MAKE
OR CAUSE TO BE MADE ALL SUCH IMPROVEMENTS AND ALTERATIONS TO THE PREMISES
(INCLUDING, WITHOUT LIMITATION, REMOVING BARRIERS AND PROVIDING ALTERNATIVE
SERVICES) AS SHALL BE REQUIRED TO COMPLY WITH ALL APPLICABLE BUILDING CODES,
LAWS AND ORDINANCES RELATING TO PUBLIC ACCOMMODATIONS, INCLUDING THE AMERICANS
WITH DISABILITIES ACT OF 1990, 42 U.S.C. §§ 12111 ET SEQ. (THE "ADA"), AND THE
ADA ACCESSIBILITY GUIDELINES PROMULGATED BY THE ARCHITECTURAL AND TRANSPORTATION
BARRIERS COMPLIANCE BOARD, THE PUBLIC ACCOMMODATIONS TITLE OF THE CIVIL RIGHTS
ACT OF 1964, 42 U.S.C. §§ 2000A ET SEQ., THE ARCHITECTURAL BARRIERS ACT OF 1968,
42 U.S.C. §§ 4151 ET SEQ., AS AMENDED, TITLE V OF THE REHABILITATION ACT OF
1973, 29 U.S.C. §§ 790 ET SEQ., THE MINIMUM GUIDELINES AND REQUIREMENTS FOR
ACCESSIBLE DESIGN, 36 C.F.R. PART 1190, THE UNIFORM FEDERAL ACCESSIBILITY
STANDARDS, AND APPLICABLE STATE LAW, AS THE SAME MAY BE AMENDED FROM TIME TO
TIME, OR ANY SIMILAR OR SUCCESSOR LAWS, ORDINANCES AND REGULATIONS, NOW OR
HEREAFTER ADOPTED.
TENANT'S LIABILITY SHALL BE PRIMARY AND TENANT SHALL
INDEMNIFY LANDLORD IN ACCORDANCE WITH SECTION 14.1 IN THE EVENT OF ANY FAILURE
OR ALLEGED FAILURE OF TENANT TO COMPLY WITH LEGAL REQUIREMENTS.
ANY WORK OR
INSTALLATIONS MADE OR PERFORMED BY OR ON BEHALF OF TENANT OR ANY PERSON OR
ENTITY CLAIMING THROUGH OR UNDER TENANT PURSUANT TO THE PROVISIONS OF THIS
SECTION SHALL BE MADE IN CONFORMITY WITH AND SUBJECT TO THE PROVISIONS OF
ARTICLE
10.
12.2
INSURANCE REQUIREMENTS.
(A)
TENANT SHALL NOT DO ANYTHING, OR
PERMIT ANYTHING TO BE DONE, IN OR ABOUT THE PREMISES THAT WOULD:
(I) INVALIDATE
OR BE IN CONFLICT WITH THE PROVISIONS OF OR CAUSE ANY INCREASE IN THE APPLICABLE
RATES FOR ANY FIRE OR OTHER PROPERTY INSURANCE POLICIES COVERING THE BUILDING OR
ANY PROPERTY LOCATED THEREIN (UNLESS TENANT PAYS FOR SUCH INCREASED COSTS AND
THE BASIS FOR SUCH INCREASED COSTS CAN BE ELIMINATED BY LANDLORD WITHOUT ANY
MATERIAL EXPENSE OR DELAY UPON LANDLORD'S REPOSSESSION OF THE PREMISES AT THE
EXPIRATION OR EARLIER TERMINATION OF THE TERM), OR (II) RESULT IN A REFUSAL BY
FIRE INSURANCE COMPANIES OF GOOD STANDING TO INSURE THE BUILDING OR ANY SUCH
PROPERTY IN AMOUNTS REASONABLY SATISFACTORY TO LANDLORD (WHICH AMOUNTS SHALL BE
COMPARABLE TO THE AMOUNTS REQUIRED BY COMPARABLE LANDLORDS OF COMPARABLE
BUILDINGS, OR (III) RESULT IN THE CANCELLATION OF ANY FIRE OR OTHER PROPERTY
INSURANCE POLICY MAINTAINED BY OR FOR THE BENEFIT OF LANDLORD (SUBJECT TO THE
SAME PARENTHETICAL CONTAINED IN CLAUSE (I) ABOVE).
TENANT, AT TENANT'S EXPENSE,
SHALL COMPLY WITH ALL RULES, ORDERS, REGULATIONS OR REQUIREMENTS OF THE AMERICAN
INSURANCE ASSOCIATION (FORMERLY THE NATIONAL BOARD OF FIRE UNDERWRITERS) AND
WITH ANY SIMILAR BODY THAT SHALL HEREAFTER PERFORM THE FUNCTION OF SUCH
ASSOCIATION.
(B)
IF, BY REASON OF ANY ACT OR OMISSION ON THE PART OF TENANT WHICH
IS INCONSISTENT WITH THE USE PERMITTED HEREUNDER, WHETHER OR NOT LANDLORD HAS
CONSENTED TO THE SAME, THE RATE OF "ALL RISK" OR OTHER TYPE OF INSURANCE
MAINTAINED BY LANDLORD ON THE PROPERTY OR THE BUILDING OR OTHER PROPERTY