PROPERTY. ALL
OBLIGATIONS OF LANDLORD AND TENANT HEREUNDER NOT FULLY PERFORMED AS OF THE
TERMINATION OF THE TERM, INCLUDING THE OBLIGATIONS OF TENANT UNDER SECTION 30
HEREOF, SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THE TERM,
INCLUDING, WITHOUT LIMITATION, INDEMNITY OBLIGATIONS, PAYMENT OBLIGATIONS WITH
RESPECT TO RENT AND OBLIGATIONS CONCERNING THE CONDITION AND REPAIR OF THE
PREMISES.
31
(D)
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, (I) TENANT SHALL
BE REQUIRED TO REMOVE ANY CABLING IT INSTALLS IN THE BUILDING UPON THE
EXPIRATION OR EARLIER TERMINATION OF THIS LEASE TO THE EXTENT REQUIRED BY
APPLICABLE BUILDING CODE OR OTHER GOVERNMENTAL REQUIREMENT OR ANY GOVERNMENTAL
OFFICIAL AND (II) TENANT SHALL NOT BE OBLIGATED TO REMOVE ANY OF THE TENANT
IMPROVEMENTS (EXCEPT FOR TENANT'S BUILDING-TOP SIGNAGE) OR OTHER
TELECOMMUNICATION OR SECURITY SYSTEMS (OTHER THAN TENANT'S ROOFTOP ANTENNAE, IF
ANY, OR AS PROVIDED IN CLAUSE (I) OF THIS SENTENCE) UPON THE EXPIRATION OR
EARLIER TERMINATION OF THIS LEASE UNLESS IN LANDLORD'S REASONABLE JUDGMENT ANY
TENANT IMPROVEMENTS ARE EITHER (1) NOT CONSISTENT WITH STANDARD
OFFICE/LABORATORY CONSTRUCTION OR (2) HAVE CUSTOMIZED OR UNIQUE FEATURES (OTHER
THAN FEATURES CONSISTENT WITH STANDARD LAB AND RESEARCH AND DEVELOPMENT
FACILITIES WITH RELATED OFFICE USE) WHICH WOULD DETRACT FROM THE VALUE OR
UTILITY OF THE BUILDING AND ARE REQUIRED TO BE REMOVED BY LANDLORD AS A
CONDITION TO LANDLORD'S APPROVAL OF THE TI CONSTRUCTION DRAWINGS (AS DEFINED IN
THE WORK LETTER).
29.
WAIVER OF JURY TRIAL. TENANT AND LANDLORD WAIVE ANY RIGHT TO TRIAL
BY JURY OR TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING
IN CONTRACT, TORT, OR OTHERWISE, BETWEEN LANDLORD AND TENANT ARISING OUT OF THIS
LEASE OR ANY OTHER INSTRUMENT, DOCUMENT, OR AGREEMENT EXECUTED OR DELIVERED IN
CONNECTION HEREWITH OR THE TRANSACTIONS RELATED HERETO.
30.
ENVIRONMENTAL REQUIREMENTS.
(A)
PROHIBITION/COMPLIANCE/INDEMNITY. TENANT SHALL NOT CAUSE OR, AS TO
ANY TENANT PARTY, PERMIT ANY HAZARDOUS MATERIALS (AS HEREINAFTER DEFINED) TO BE
BROUGHT UPON, KEPT, USED, STORED, HANDLED, TREATED, GENERATED IN OR ABOUT, OR
RELEASED OR DISPOSED OF FROM, THE PREMISES OR THE PROJECT IN VIOLATION OF
APPLICABLE ENVIRONMENTAL REQUIREMENTS (AS HEREINAFTER DEFINED) BY TENANT OR ANY
TENANT PARTY. IF TENANT BREACHES THE OBLIGATION STATED IN THE PRECEDING
SENTENCE, OR IF THE PRESENCE OF HAZARDOUS MATERIALS IN THE PREMISES DURING THE
TERM RESULTS IN CONTAMINATION OF THE PREMISES, THE PROJECT OR ANY ADJACENT
PROPERTY, OR IF CONTAMINATION OF THE PREMISES, THE PROJECT OR ANY ADJACENT
PROPERTY BY HAZARDOUS MATERIALS BROUGHT INTO, KEPT, USED, STORED, HANDLED,
TREATED, GENERATED IN OR ABOUT, OR RELEASED OR DISPOSED OF FROM, THE PREMISES BY
ANYONE OTHER THAN LANDLORD AND LANDLORD'S EMPLOYEES, AGENTS AND CONTRACTORS,
OTHERWISE OCCURS DURING THE TERM OR ANY HOLDING OVER, TENANT SHALL INDEMNIFY,
DEFEND AND HOLD LANDLORD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND
CONTRACTORS HARMLESS FROM ANY AND ALL ACTIONS (INCLUDING, WITHOUT LIMITATION,
REMEDIAL OR ENFORCEMENT ACTIONS OF ANY KIND, ADMINISTRATIVE OR JUDICIAL
PROCEEDINGS, AND ORDERS OR JUDGMENTS ARISING OUT OF OR RESULTING THEREFROM),
COSTS, CLAIMS, DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES BASED UPON
DIMINUTION IN VALUE OF THE PREMISES