DESTRUCTION MENTIONED IN THIS ARTICLE 10, TENANT MAY TERMINATE THIS LEASE BY
NOTICE TO LANDLORD, IF LANDLORD HAS NOT COMPLETED THE MAKING OF THE REQUIRED
REPAIRS AND RESTORED AND REBUILT THE BUILDING AND THE DEMISED PREMISES WITHIN
EIGHT (8)
20
MONTHS FROM THE DATE OF SUCH DAMAGE OR DESTRUCTION (SUCH PERIOD MAY BE EXTENDED
AFTER SUCH DATE (NOT EXCEEDING THREE (3) MONTHS) BY A PERIOD EQUAL TO THE
AGGREGATE PERIOD LANDLORD MAY HAVE BEEN DELAYED IN DOING SO BY ADJUSTMENT OF
INSURANCE, LABOR TROUBLE, GOVERNMENTAL CONTROLS, ACT OF GOD, OR ANY OTHER CAUSE
BEYOND LANDLORD'S REASONABLE CONTROL).
10.04
NO DAMAGES, COMPENSATION OR CLAIM SHALL BE PAYABLE BY LANDLORD FOR
INCONVENIENCE, LOSS OF BUSINESS OR ANNOYANCE ARISING FROM ANY REPAIR OR
RESTORATION OF ANY PORTION OF THE DEMISED PREMISES OR OF THE BUILDING PURSUANT
TO THIS ARTICLE 10.
10.05
NOTWITHSTANDING ANY OF THE FOREGOING PROVISIONS OF THIS ARTICLE 10,
IF LANDLORD OR THE LESSOR OF ANY SUPERIOR LEASE OR THE HOLDER OF ANY SUPERIOR
MORTGAGE SHALL BE UNABLE TO COLLECT ALL OF THE INSURANCE PROCEEDS (INCLUDING
RENT INSURANCE PROCEEDS) APPLICABLE TO DAMAGE OR DESTRUCTION OF THE DEMISED
PREMISES OR THE BUILDING BY FIRE OR OTHER CAUSE, BY REASON OF SOME ACTION OR
INACTION ON THE PART OF TENANT OR ANY OF ITS EMPLOYEES, AGENTS OR CONTRACTORS,
THEN, WITHOUT PREJUDICE TO ANY OTHER REMEDIES WHICH MAY BE AVAILABLE AGAINST
TENANT, THERE SHALL BE NO ABATEMENT OF TENANT'S RENTS, BUT THE TOTAL AMOUNT OF
SUCH RENTS NOT ABATED (WHICH WOULD OTHERWISE HAVE BEEN ABATED) SHALL NOT EXCEED
THE AMOUNT OF UNCOLLECTED INSURANCE PROCEEDS.
10.06
LANDLORD WILL NOT CARRY SEPARATE INSURANCE OF ANY KIND ON TENANT'S
PROPERTY, AND, EXCEPT AS PROVIDED BY LAW OR BY REASON OF ITS BREACH OF ANY OF
ITS OBLIGATIONS HEREUNDER, SHALL NOT BE OBLIGATED TO REPAIR ANY DAMAGE THERETO
OR REPLACE THE SAME.
TENANT SHALL MAINTAIN INSURANCE ON TENANT'S PROPERTY, AND
LANDLORD SHALL NOT BE OBLIGATED TO REPAIR ANY DAMAGE THERETO OR REPLACE THE
SAME.
10.07
THE PROVISIONS OF THIS ARTICLE 10 SHALL BE CONSIDERED AN EXPRESS
AGREEMENT GOVERNING ANY CAUSE OF DAMAGE OR DESTRUCTION OF THE DEMISED PREMISES
BY FIRE OR OTHER CASUALTY, AND SECTION 227 OF THE REAL PROPERTY LAW OF THE STATE
OF NEW YORK, PROVIDING FOR SUCH A CONTINGENCY IN THE ABSENCE OF AN EXPRESS
AGREEMENT, AND ANY OTHER LAW OF LIKE IMPORT, NOW OR HEREAFTER IN FORCE, SHALL
HAVE NO APPLICATION IN SUCH CASE.
ARTICLE 11
ASSIGNMENT, MORTGAGING, SUBLETTING, ETC.
11.01
TENANT SHALL NOT (A) ASSIGN OR OTHERWISE TRANSFER THIS LEASE OR THE
TERM AND ESTATE HEREBY GRANTED, (B) SUBLET THE DEMISED PREMISES OR ANY PART
THEREOF OR ALLOW THE SAME TO BE USED OR OCCUPIED BY OTHERS OR IN VIOLATION OF
ARTICLE 5, (C) MORTGAGE, PLEDGE OR ENCUMBER THIS LEASE OR THE DEMISED PREMISES
OR ANY PART THEREOF IN ANY MANNER BY REASON OF ANY ACT OR OMISSION ON THE PART
OF TENANT, OR (D) ADVERTISE, OR AUTHORIZE A BROKER TO ADVERTISE, FOR A SUBTENANT
OR AN ASSIGNEE, WITHOUT, IN EACH INSTANCE,