SOME VIBRATION, NOISE, HEAT OR COLD WHICH MAY BE
TRANSMITTED TO OTHER PARTS OF THE BUILDING AND DEMISED PREMISES. LANDLORD SHALL
BE UNDER NO OBLIGATION TO ENDEAVOR TO REDUCE SUCH VIBRATION, NOISE, HEAT OR
COLD.
7.04
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS
LEASE, THERE SHALL BE NO ALLOWANCE TO TENANT FOR A DIMINUTION OF RENTAL VALUE
AND NO LIABILITY ON THE PART OF LANDLORD BY REASON OF INCONVENIENCE, ANNOYANCE
OR INJURY TO BUSINESS ARISING FROM THE MAKING OF ANY REPAIRS, ALTERATIONS,
ADDITIONS OR IMPROVEMENTS IN OR TO ANY PORTION OF THE BUILDING OR THE DEMISED
PREMISES OR IN OR TO FIXTURES, APPURTENANCES OR EQUIPMENT THEREOF.
ARTICLE 8
REQUIREMENTS OF LAW
8.01
LANDLORD REPRESENTS AND WARRANTS THAT THE
PREMISES AND THE BUILDING COMPLY WITH ALL LAWS, ORDERS AND REGULATIONS OF
FEDERAL, STATE, COUNTY AND MUNICIPAL AUTHORITIES ("LAWS"), AND WITH ANY
DIRECTION OF ANY PUBLIC OFFICER OR OFFICERS, PURSUANT TO LAW, WHICH SHALL IMPOSE
ANY VIOLATION, ORDER OR DUTY UPON LANDLORD OR TENANT WITH RESPECT TO THE DEMISED
PREMISES, OR THE USE OR OCCUPATION THEREOF, AND THAT LANDLORD, AT LANDLORD'S
EXPENSE, SHALL COMPLY WITH ALL SUCH LAWS THROUGHOUT THE TERMS OF THIS LEASE,
EXCEPT THAT TENANT, AT TENANT'S EXPENSE, SHALL COMPLY WITH ALL LAWS APPLICABLE
TO THE PREMISES TO THE EXTENT THE SAME ARE APPLICABLE THERETO DUE TO THE
SPECIFIC USE MADE THEREOF BY TENANT.
8.02
NOTWITHSTANDING THE PROVISIONS OF SECTION 8.01
HEREOF, TENANT, AT ITS OWN COST AND EXPENSE, MAY CONTEST, IN ANY MANNER
PERMITTED BY LAW (INCLUDING APPEALS TO A COURT, OR GOVERNMENTAL DEPARTMENT OR
AUTHORITY HAVING JURISDICTION IN THE MATTER), THE VALIDITY OR THE ENFORCEMENT OF
ANY GOVERNMENTAL ACT, REGULATION OR DIRECTIVE WITH WHICH TENANT IS REQUIRED TO
COMPLY PURSUANT TO THIS LEASE, AND MAY DEFER COMPLIANCE THEREWITH PROVIDED THAT:
(A)
SUCH NONCOMPLIANCE SHALL NOT SUBJECT LANDLORD TO CRIMINAL
PROSECUTION OR SUBJECT THE LAND AND/OR BUILDING TO LIEN OR SALE;
(B)
SUCH NONCOMPLIANCE SHALL NOT BE IN VIOLATION OF ANY FEE MORTGAGE,
OR OF ANY GROUND OR UNDERLYING LEASE OR ANY MORTGAGE THEREON;
16
(C)
TENANT SHALL FIRST DELIVER TO LANDLORD A SURETY BOND ISSUED BY A
SURETY COMPANY OF RECOGNIZED RESPONSIBILITY, OR OTHER SECURITY SATISFACTORY TO
LANDLORD, INDEMNIFYING AND PROTECTING LANDLORD AGAINST ANY LOSS OR INJURY BY
REASON OF SUCH NONCOMPLIANCE; AND
(D)
TENANT SHALL PROMPTLY AND DILIGENTLY PROSECUTE SUCH CONTEST.
Landlord, without expense or liability to it, shall cooperate with Tenant and
execute any documents or pleadings required for such purpose, provided that
Landlord shall reasonably be satisfied that the facts set forth in any such
documents or pleadings are accurate.
ARTICLE 9
INSURANCE, LOSS, REIMBURSEMENT, LIABILITY
9.01
TENANT SHALL NOT DO OR PERMIT TO BE DONE ANY ACT OR THING UPON THE
DEMISED PREMISES, WHICH WILL INVALIDATE OR BE IN CONFLICT WITH NEW YORK STANDARD
FIRE INSURANCE POLICIES COVERING THE BUILDING, AND FIXTURES AND PROPERTY
THEREIN, OR WHICH WOULD INCREASE THE RATE OF FIRE INSURANCE APPLICABLE TO THE
BUILDING TO AN AMOUNT HIGHER THAN IT OTHERWISE WOULD BE; AND TENANT SHALL
NEITHER DO NOR