OF ACTION OR FURNISHING OF SECURITY BY LANDLORD, SUCH
ACTION SHALL BE TAKEN AND SUCH SECURITY SHALL BE FURNISHED AT THE EXPENSE OF
TENANT; (D) SUCH NONCOMPLIANCE OR CONTEST SHALL NOT PREVENT LANDLORD FROM
OBTAINING ANY AND ALL PERMITS AND LICENSES IN CONNECTION WITH THE OPERATION OF
THE BUILDING; AND (E) TENANT SHALL KEEP LANDLORD ADVISED AS TO THE STATUS OF
SUCH PROCEEDINGS.
WITHOUT LIMITING THE APPLICATION OF THE ABOVE, LANDLORD SHALL
BE DEEMED SUBJECT TO PROSECUTION FOR A CRIME IF LANDLORD, OR ITS MANAGING AGENT,
OR ANY OFFICER, DIRECTOR, MEMBER, PARTNER, SHAREHOLDER OR EMPLOYEE OF LANDLORD
OR ITS MANAGING AGENT, AS AN INDIVIDUAL, IS CHARGED WITH A CRIME OF ANY KIND OR
DEGREE WHATEVER, WHETHER BY SERVICE OF A SUMMONS OR OTHERWISE, UNLESS SUCH
CHARGE IS WITHDRAWN BEFORE LANDLORD OR ITS MANAGING AGENT, OR SUCH OFFICER,
DIRECTOR, MEMBER, PARTNER, SHAREHOLDER OR EMPLOYEE OF LANDLORD OR ITS MANAGING
AGENT (AS THE CASE MAY BE) IS REQUIRED TO PLEAD OR ANSWER THERETO.
8.03
TENANT SHALL NOT PLACE A LOAD UPON ANY FLOOR OF THE PREMISES WHICH
VIOLATES APPLICABLE LAW OR THE CERTIFICATE OF OCCUPANCY OF THE BUILDING OR WHICH
EXCEEDS THE FLOOR LOAD PER SQUARE FOOT WHICH SUCH FLOOR WAS DESIGNED TO CARRY.
ALL HEAVY MATERIAL AND/OR EQUIPMENT MUST BE PLACED BY TENANT, AT TENANT'S
EXPENSE, SO AS TO DISTRIBUTE THE WEIGHT.
BUSINESS MACHINES AND MECHANICAL
EQUIPMENT SHALL BE PLACED AND MAINTAINED BY TENANT, AT TENANT'S EXPENSE, IN
SETTINGS SUFFICIENT IN LANDLORD'S REASONABLE JUDGMENT TO ABSORB AND PREVENT
VIBRATION, NOISE AND ANNOYANCE.
8.04
TENANT SHALL NOT CAUSE OR PERMIT ITS AGENTS, LICENSEES, SUBLESSEES,
OCCUPANTS, EMPLOYEES, CONTRACTORS OR INVITEES TO CAUSE HAZARDOUS MATERIALS TO BE
USED, TRANSPORTED, STORED, RELEASED, HANDLED, PRODUCED OR INSTALLED IN, ON OR
FROM, THE PREMISES OR THE BUILDING EXCEPT FOR HAZARDOUS MATERIALS CONTAINED IN
TYPICAL OFFICE AND CLEANING PRODUCTS IN AMOUNTS WHICH DO NOT EXCEED THOSE
PERMITTED PURSUANT TO LEGAL REQUIREMENTS.
THE TERM "HAZARDOUS MATERIALS" SHALL,
FOR THE PURPOSES HEREOF, MEAN ANY FLAMMABLE EXPLOSIVES, RADIOACTIVE MATERIALS,
HAZARDOUS WASTES, HAZARDOUS AND TOXIC SUBSTANCES, OR RELATED MATERIALS,
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ASBESTOS OR ANY MATERIAL CONTAINING ASBESTOS, OR ANY OTHER SUBSTANCE OR
MATERIAL, AS DEFINED BY ANY FEDERAL, STATE OR LOCAL ENVIRONMENTAL LAW,
ORDINANCE, RULE OR REGULATION INCLUDING, WITHOUT LIMITATION, THE COMPREHENSIVE
ENVIRONMENTAL RESPONSE COMPENSATION AND LIABILITY ACT OF 1980, AS AMENDED, THE
HAZARDOUS MATERIALS TRANSPORTATION ACT, AS AMENDED, THE RESOURCE CONSERVATION
AND RECOVERY ACT, AS AMENDED, AND IN THE REGULATIONS ADOPTED AND PUBLICATIONS
PROMULGATED PURSUANT TO EACH OF THE FOREGOING.
IN THE EVENT OF A BREACH OF THE
PROVISIONS OF THIS SECTION 8.04, LANDLORD SHALL, IN ADDITION TO ALL OF ITS
RIGHTS AND REMEDIES UNDER THIS LEASE AND PURSUANT TO LAW, REQUIRE TENANT TO
REMOVE ANY SUCH HAZARDOUS MATERIALS FROM THE PREMISES IN THE MANNER PRESCRIBED
FOR SUCH REMOVAL BY LEGAL REQUIREMENTS.
THE PROVISIONS OF THIS SECTION 8.04
SHALL SURVIVE THE TERMINATION OF THIS LEASE.
EXCEPT AS PROVIDED IN THIS
SECTION 8.04, TENANT SHALL NOT BE LIABLE FOR ANY HAZARDOUS MATERIAL PRESENT ON
OR ABOUT THE PREMISES OR THE BUILDING, OR