MANHATTAN;
(D)
MAINTAIN, REPAIR, KEEP, USE AND OCCUPY THE DEMISED PREMISES AND THE
COMMON ELEMENTS IN COMPLIANCE WITH THE DUO;
(E)
MAINTAIN AND KEEP THE DEMISED PREMISES AND THE COMMON ELEMENTS, AND
SIDEWALKS AND CURBS ADJACENT THERETO, FREE AND CLEAR FROM RUBBISH, DIRT, ICE AND
SNOW AND SHALL NOT IMPEDE THE USE OF OR OBSTRUCT THE SAME OR ALLOW THE SAME TO
BE SO IMPEDED OR OBSTRUCTED IN ANY MANNER;
(F)
MAINTAIN AND KEEP THE SIDEWALKS AND VAULTS ADJACENT TO THE
IMPROVEMENTS IN GOOD ORDER, REPAIR AND CONDITION (INCLUDING THE PROMPT REPAIR OF
CRACKS THEREIN AND THE MAINTENANCE OF AN EVEN LEVEL THEREOF) AND AT ALL TIMES
KEEP THE SAME IN COMPLIANCE WITH THE DUO AND LEGAL REQUIREMENTS;
(G)
[INTENTIONALLY OMITTED];
(H)
[INTENTIONALLY OMITTED];
(I)
PROHIBIT SALES THROUGH WINDOW OPENINGS ON THE STREETWALL, EXCEPT
IN THE CASE OF (1) A SUBTENANT WHOSE BUSINESS IS PRIMARILY THE OPERATION OF A
NEWSSTAND OR TICKET SALES OR (2) THE SALE OF TICKETS FOR MOVIES AND OTHER
ATTRACTIONS, I.E., DISPLAY WINDOWS SHALL BE USED FOR DISPLAY ONLY AND NOT AS A
POINT OF SALE; AND
(J)
KEEP THE DEMISED PREMISES AND THE COMMON ELEMENTS FREE OF GRAFFITI
AND POSTERS.
(II)
IF TENANT FAILS TO MAINTAIN THE CLEANLINESS OF THE SIDEWALKS ADJACENT TO
THE IMPROVEMENTS AT LEAST TO THE LEVEL OF CLEANLINESS MAINTAINED FOR THE OVERALL
AREA OF THE TIMES SQUARE BID, AS DETERMINED BY THE MAYOR'S OFFICE OF OPERATIONS
SANITATION SCORECARD FOR AS LONG AS THE SAME EXISTS, OR FAILS TO PROMPTLY REMOVE
FROM THE DEMISED PREMISES OR THE COMMON ELEMENTS EVIDENCE OF GRAFFITI AND SUCH
FAILURE CONTINUES FOR FIVE (5) BUSINESS DAYS AFTER NOTICE TO TENANT SPECIFYING
IN REASONABLE DETAIL SUCH FAILURE AND SETTING FORTH LANDLORD'S RIGHT TO REMOVE
SAME ON TENANT'S BEHALF, LANDLORD SHALL, AT THE END OF SUCH FIVE (5) BUSINESS
DAY PERIOD, BE ENTITLED TO CLEAN SUCH SIDEWALKS OR REMOVE SUCH GRAFFITI OR CAUSE
THE SAME TO BE CLEANED OR REMOVED, AS THE CASE MAY BE, AT THE EXPENSE OF
TENANT.
ANY AND ALL COSTS INCURRED BY LANDLORD IN CONNECTION THEREWITH SHALL BE
PAID TO LANDLORD'S CONTRACTORS OR REIMBURSED TO LANDLORD, AS LANDLORD SHALL
REQUEST, AND SHALL ACCRUE INTEREST AT THE INTEREST RATE, IN ACCORDANCE WITH
SECTION 15.1 HEREOF.
SECTION 7.4
COMPLIANCE WITH LEGAL
REQUIREMENTS.
TENANT SHALL PROMPTLY COMPLY WITH ALL LEGAL REQUIREMENTS AND
INSURANCE REQUIREMENTS, FORESEEN OR UNFORESEEN, ORDINARY AS WELL AS
EXTRAORDINARY, STRUCTURAL OR NON-STRUCTURAL, WITH RESPECT TO THE DEMISED
PREMISES AND THE COMMON ELEMENTS.
TENANT SHALL HAVE THE RIGHT TO CONTEST THE
VALIDITY OF ANY LEGAL REQUIREMENT OR THE APPLICATION THEREOF IN ACCORDANCE WITH
THIS SECTION 7.4.
DURING SUCH CONTEST, COMPLIANCE WITH ANY SUCH CONTESTED LEGAL
REQUIREMENT MAY BE DEFERRED BY TENANT UPON
71
CONDITION THAT BEFORE INSTITUTING ANY SUCH PROCEEDINGS, TENANT SHALL FURNISH TO
LANDLORD SECURITY REASONABLY SATISFACTORY TO LANDLORD (IT BEING AGREED THAT AN
ACCEPTABLE GUARANTY OF AN ACCEPTABLE GUARANTOR SHALL BE SECURITY REASONABLY
SATISFACTORY TO LANDLORD UNDER THIS SECTION 7.4), SECURING COMPLIANCE WITH THE
CONTESTED LEGAL REQUIREMENT AND PAYMENT OF ALL INTEREST, PENALTIES,