AN ELECTROMAGNETIC FIELD EXCEEDING
THE NORMAL INSULATION RATINGS OF ORDINARY TWISTED PAIR RISER CABLE OR CAUSE
RADIATION HIGHER THAN NORMAL BACKGROUND RADIATION, UNLESS THE LINES THEREFOR
(INCLUDING RISER LINES) ARE APPROPRIATELY INSULATED TO PREVENT SUCH EXCESSIVE
ELECTROMAGNETIC FIELDS OR RADIATION (AND SUCH INSULATION SHALL NOT BE PROVIDED
BY THE USE OF ADDITIONAL UNUSED TWISTED PAIR LINES).
AS A CONDITION TO
PERMITTING INSTALLATION OF NEW LINES, LANDLORD MAY REQUIRE THAT TENANT REMOVE
ANY EXISTING LINES LOCATED IN OR SERVING THE PREMISES.
C.
LIMITATION OF LIABILITY.
UNLESS DUE SOLELY TO LANDLORD'S
INTENTIONAL MISCONDUCT OR GROSSLY NEGLIGENT ACTS, LANDLORD SHALL HAVE NO
LIABILITY FOR DAMAGES ARISING, AND LANDLORD DOES NOT WARRANT THAT THE TENANT'S
USE OF THE LINES WILL BE FREE, FROM THE FOLLOWING (COLLECTIVELY CALLED "LINE
PROBLEMS"): (I) ANY EAVESDROPPING, WIRE-TAPPING OR THEFT OF LONG DISTANCE ACCESS
CODES BY UNAUTHORIZED PARTIES, (II) ANY FAILURE OF THE LINES TO SATISFY TENANT'S
REQUIREMENTS, OR (III) ANY CAPACITANCE, ATTENUATION, CROSS-TALK OR OTHER
PROBLEMS WITH THE LINES, ANY MISDESIGNATION OF THE LINES IN THE MDF ROOM OR WIRE
CLOSETS, OR ANY SHORTAGES, FAILURES,
29
VARIATIONS, INTERRUPTIONS, DISCONNECTIONS, LOSS OR DAMAGE CAUSED BY OR IN
CONNECTION WITH THE INSTALLATION, MAINTENANCE, REPLACEMENT, USE OR REMOVAL OF
ANY OTHER LINES OR EQUIPMENT AT THE PROPERTY BY OR FOR OTHER TENANTS AT THE
PROPERTY, BY ANY FAILURE OF THE ENVIRONMENTAL CONDITIONS AT OR THE POWER SUPPLY
FOR THE PROPERTY TO CONFORM TO ANY REQUIREMENTS OF THE LINES OR ANY OTHER
PROBLEMS ASSOCIATED WITH ANY LINES OR BY ANY OTHER CAUSE.
UNDER NO
CIRCUMSTANCES SHALL ANY LINE PROBLEMS BE DEEMED AN ACTUAL OR CONSTRUCTIVE
EVICTION OF TENANT, RENDER LANDLORD LIABLE TO TENANT FOR ABATEMENT OF ANY RENT
OR OTHER CHARGES UNDER THE LEASE, OR RELIEVE TENANT FROM PERFORMANCE OF TENANT'S
OBLIGATIONS UNDER THE LEASE AS AMENDED HEREIN, PROVIDED, HOWEVER, THAT THE
FOREGOING SHALL NOT BE DEEMED OR CONSTRUED AS A WAIVER OF DAMAGES CAUSED BY THE
INTENTIONAL MISCONDUCT OR GROSSLY NEGLIGENT ACTS OF LANDLORD.
ARTICLE 30:
HAZARDOUS MATERIALS
A.
HAZARDOUS MATERIALS GENERALLY PROHIBITED.
TENANT SHALL NOT
TRANSPORT, USE, STORE, MAINTAIN, GENERATE, MANUFACTURE, HANDLE, DISPOSE,
RELEASE, DISCHARGE, SPILL OR LEAK ANY "HAZARDOUS MATERIAL" (AS DEFINED BELOW),
OR PERMIT TENANT'S EMPLOYEES, AGENTS, CONTRACTORS, OR OTHER OCCUPANTS OF THE
PREMISES TO ENGAGE IN SUCH ACTIVITIES ON OR ABOUT THE PROPERTY.
HOWEVER, THE
FOREGOING PROVISIONS SHALL NOT PROHIBIT THE TRANSPORTATION TO AND FROM, AND USE,
STORAGE, MAINTENANCE AND HANDLING WITHIN, THE PREMISES OF SUBSTANCES CUSTOMARILY
AND LAWFULLY USED IN THE BUSINESS WHICH TENANT IS PERMITTED TO CONDUCT IN THE
PREMISES UNDER THIS LEASE, BUT ONLY AS AN INCIDENTAL AND MINOR PART OF SUCH
BUSINESS, PROVIDED: (I) SUCH SUBSTANCES SHALL BE PROPERLY LABELED, CONTAINED,
USED AND STORED ONLY IN SMALL QUANTITIES REASONABLY NECESSARY FOR SUCH PERMITTED
USE OF THE PREMISES AND THE ORDINARY COURSE OF TENANT'S BUSINESS THEREIN,
STRICTLY IN ACCORDANCE WITH APPLICABLE LAWS AND THE MANUFACTURERS' INSTRUCTIONS
THEREFOR, (II) TENANT SHALL PROVIDE LANDLORD WITH TEN (10) DAYS ADVANCE NOTICE
AND, TO THE EXTENT REQUIRED BY LAW OR LANDLORD'S INSURANCE CARRIER, CURRENT
MATERIAL SAFETY DATA