CURE THEREAFTER.
TENANT SHALL SEND A COPY OF ANY
NOTICES GIVEN TO LANDLORD UNDER THE LEASE ALLEGING NONPERFORMANCE BY LANDLORD OF
ANY TERM OR COVENANT UNDER THE LEASE TO SUCH LESSOR, MORTGAGEE, PURCHASER,
ASSIGNEE OR LESSEE, AS THE CASE MAY BE, AT THE SAME TIME AND IN THE SAME MANNER
AS SUCH NOTICE IS SENT TO LANDLORD PROVIDED THE IDENTITY AND MAILING ADDRESS FOR
SUCH PARTY OR PARTIES HAVE BEEN PREVIOUSLY DELIVERED TO TENANT.
ARTICLE 27
LEGAL PROCEEDINGS; WAIVER OF JURY TRIAL; WAIVER OF DAMAGES
27.01
LANDLORD AND TENANT DO HEREBY WAIVE TRIAL BY JURY IN ANY
ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER OF THE PARTIES HERETO
AGAINST THE OTHER ON ANY MATTERS WHATSOEVER ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THIS LEASE, THE RELATIONSHIP OF LANDLORD AND TENANT, TENANT'S USE
OR OCCUPANCY OF THE DEMISED PREMISES, AND/OR ANY OTHER CLAIMS (EXCEPT CLAIMS FOR
BODILY INJURY OR DAMAGE TO PHYSICAL PROPERTY), AND ANY EMERGENCY STATUTORY OR
ANY OTHER STATUTORY REMEDY.
IT IS FURTHER MUTUALLY AGREED THAT IN THE EVENT
LANDLORD COMMENCES ANY SUMMARY PROCEEDING, TENANT WILL NOT INTERPOSE AND DOES
HEREBY WAIVE THE RIGHT TO INTERPOSE ANY COUNTERCLAIM OF WHATEVER NATURE OR
DESCRIPTION IN ANY SUCH PROCEEDING.
27.02
LANDLORD AND TENANT EACH HEREBY WAIVE ALL CLAIMS FOR
CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES AGAINST THE OTHER IN CONNECTION WITH
THIS LEASE AND ANY MATTERS ARISING THEREFROM EXCEPT AS SECTION 42.12 BELOW.
ARTICLE 28
SURRENDER OF PREMISES
28.01
UPON THE EXPIRATION OR OTHER TERMINATION OF THE TERM OF THIS
LEASE, TENANT SHALL QUIT AND SURRENDER TO LANDLORD THE DEMISED PREMISES, BROOM
CLEAN, IN SUBSTANTIALLY THE SAME ORDER AND CONDITION AS EXISTED ON THE
COMMENCEMENT DATE, ORDINARY WEAR AND TEAR AND DAMAGE BY FIRE, THE ELEMENTS OR
OTHER CASUALTY EXCEPTED, AND TENANT SHALL REMOVE ALL OF ITS PROPERTY AS HEREIN
PROVIDED.
TENANT'S OBLIGATION TO OBSERVE OR PERFORM THIS COVENANT SHALL SURVIVE
THE EXPIRATION OR OTHER TERMINATION OF THE TERM OF THIS LEASE.
ARTICLE 29
RULES AND REGULATIONS
29.01
TENANT AND TENANT'S SERVANTS, EMPLOYEES AND AGENTS SHALL
OBSERVE FAITHFULLY AND COMPLY STRICTLY WITH THE RULES AND REGULATIONS SET FORTH
IN SCHEDULE B ATTACHED HERETO AND MADE PART HEREOF ENTITLED "RULES AND
REGULATIONS" AND SUCH OTHER AND FURTHER REASONABLE RULES AND REGULATIONS AS
LANDLORD OR LANDLORD'S AGENTS MAY FROM TIME TO TIME ADOPT; PROVIDED, HOWEVER,
THAT IN CASE OF ANY CONFLICT OR INCONSISTENCY BETWEEN THE PROVISIONS OF THIS
LEASE AND OF ANY OF THE RULES AND REGULATIONS AS ORIGINALLY OR AS HEREAFTER
ADOPTED, THE PROVISIONS OF THIS
40
LEASE SHALL CONTROL.
REASONABLE WRITTEN NOTICE OF ANY ADDITIONAL RULES AND
REGULATIONS SHALL BE GIVEN TO TENANT.
Nothing in this Lease contained shall be construed to impose upon Landlord any
duty or obligation to enforce the Rules and Regulations or the terms, covenants
or conditions in any other lease, against any other tenant of the Building, and
Landlord shall not be liable to Tenant for violation of the same by any other
tenant, its servants, employees, agents, visitors or licensees.
ARTICLE 30
CONSENTS