LANDLORD AS
TENANT UNDER THE GROUND LEASE IS SHORTER THAN THE TIME GIVEN TO TENANT BY THIS
LEASE TO PERFORM OR DO THE SAME ACT OR THING, THEN TENANT SHALL PERFORM OR DO
SAID THING WITHIN THE TIME SPECIFIED IN THE GROUND LEASE.
18
(B)
SO LONG AS THIS LEASE IS IN EFFECT AS TO, AND TENANT IS CURRENTLY
OCCUPYING, MORE THAN 25% OF THE BUILDING AND NO EVENT OF DEFAULT HAS OCCURRED,
LANDLORD SHALL NOT, WITHOUT TENANT'S PRIOR CONSENT, EXERCISE ANY RIGHT TO
TERMINATE THE GROUND LEASE PURSUANT TO THE TERMS THEREOF.
TENANT SHALL RESPOND
TO ANY REQUEST FOR CONSENT TO SUCH TERMINATION WITHIN FIVE (5) BUSINESS DAYS
FOLLOWING RECEIPT THEREOF, AND, IF TENANT DOES NOT RESPOND WITHIN SUCH FIVE
(5) BUSINESS DAY PERIOD, TENANT SHALL BE DEEMED TO HAVE CONSENTED.
IF LANDLORD
TERMINATES THE GROUND LEASE IN ACCORDANCE WITH THE FOREGOING, THIS LEASE SHALL
TERMINATE.
6.3
LANDLORD GROUND RENT OBLIGATION.
LANDLORD COVENANTS AND AGREES
THAT (I) AS OF JANUARY 1, 2005, LANDLORD SHALL PAY TO GROUND LESSOR FIFTY
PERCENT (50%) OF MONTHLY RENT (INCLUDING ESCALATIONS), AND ANY LATE CHARGE AND
INTEREST DUE IN CONNECTION WITH THE PAYMENT THEREOF, UNDER ARTICLE 3 OF THE
GROUND LEASE IN RESPECT OF THE PREMISES AND (II) AS OF JANUARY 1, 2006, LANDLORD
SHALL PAY TO GROUND LESSOR ALL MONTHLY RENT (INCLUDING ESCALATIONS), AND ANY
LATE CHARGE AND INTEREST DUE IN CONNECTION WITH THE PAYMENT THEREOF, UNDER
ARTICLE 3 OF THE GROUND LEASE.
7.
USE OF PREMISES AND CONDUCT OF BUSINESS.
7.1
PERMITTED USE.
(A)
TENANT (AND ANY PERMITTED SUCCESSOR, ASSIGN OR
SUBTENANT OF TENANT, WHETHER BY LANDLORD'S CONSENT OR BY OPERATION OF LAW) MAY
USE AND OCCUPY THE PREMISES DURING THE TERM SOLELY FOR THE USES SPECIFIED AND
PERMITTED IN ARTICLE 1 AND FOR NO OTHER PURPOSE WITHOUT THE PRIOR WRITTEN
CONSENT OF LANDLORD, SUCH CONSENT TO BE GRANTED OR WITHHELD IN LANDLORD'S SOLE
DISCRETION.
THE FOREGOING STATEMENT SHALL NOT CONSTITUTE A REPRESENTATION OR
GUARANTY BY LANDLORD THAT SUCH BUSINESS MAY BE CONDUCTED IN THE PREMISES OR IS
LAWFUL OR PERMISSIBLE UNDER ANY CERTIFICATES OF OCCUPANCY ISSUED FOR THE
PREMISES OR THE BUILDING, OR IS OTHERWISE PERMITTED BY LAW.
TENANT'S USE OF THE
PREMISES SHALL IN ALL RESPECTS COMPLY WITH ALL LEGAL REQUIREMENTS.
(B)
IF ANY GOVERNMENTAL LICENSE OR PERMIT SHALL BE REQUIRED FOR THE
PROPER AND LAWFUL CONDUCT OF TENANT'S BUSINESS IN THE PREMISES OR ANY PART
THEREOF, THEN TENANT, AT ITS EXPENSE, SHALL DULY PROCURE AND THEREAFTER MAINTAIN
SUCH LICENSE OR PERMIT AND SHALL SUBMIT SAME TO LANDLORD FOR INSPECTION.
TENANT
SHALL AT ALL TIMES COMPLY WITH THE TERMS AND CONDITIONS OF SUCH LICENSE AND
PERMIT, BUT IN NO EVENT SHALL FAILURE TO PROCURE OR MAINTAIN SUCH LICENSE OR
PERMIT AFFECT TENANT'S OBLIGATIONS HEREUNDER.
7.2
PROHIBITED USES.
TENANT SHALL NOT USE THE PREMISES OR ALLOW THE
PREMISES TO BE USED FOR ANY ILLEGAL OR IMMORAL PURPOSE, OR SO AS TO CREATE
WASTE, CONSTITUTE A PRIVATE OR PUBLIC NUISANCE, OR DISTURB OTHER OCCUPANTS OF
THE PROPERTY.
TENANT SHALL NOT PLACE