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
BEYOND WHAT IS CUSTOMARY IN CURRENT GOOD BUILDING PRACTICE FOR BUILDINGS OF THE
SAME TYPE AS THE BUILDING.
LANDLORD SHALL NOT DISCRIMINATE AGAINST TENANT IN
THE ENFORCEMENT OF THE PROVISIONS OF THE FIRST SENTENCE OF THIS SECTION 7.04.
7.05
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.
LANDLORD
SHALL EXERCISE REASONABLE DILIGENCE SO AS TO MINIMIZE ANY INTERFERENCE WITH
TENANT'S BUSINESS OPERATIONS, BUT SHALL NOT BE REQUIRED TO PERFORM THE SAME ON
AN OVERTIME OR PREMIUM PAY BASIS.
7.06
IF TENANT SHALL INSTALL A SUPPLEMENTAL AIR-CONDITIONING SYSTEM
SUBJECT TO AND IN ACCORDANCE WITH THE REQUIREMENTS OF THIS LEASE, TENANT SHALL
MAINTAIN SAME IN GOOD ORDER AND CONDITION, SHALL ENTER INTO A CONTRACT FOR THE
MAINTENANCE THEREOF WITH A HEATING, VENTILATING AND AIR-CONDITIONING CONTRACTOR
REASONABLY ACCEPTABLE TO LANDLORD AND SHALL DELIVER TO LANDLORD A COPY OF SUCH
CONTRACTS AND ALL AMENDMENTS THERETO PROMPTLY AFTER EXECUTION THEREOF.
ARTICLE 8
REQUIREMENTS OF LAW, HAZARDOUS MATERIALS
8.01
TENANT SHALL, AT TENANT'S EXPENSE, COMPLY WITH ALL LEGAL
REQUIREMENTS WHICH SHALL IMPOSE ANY VIOLATION, ORDER OR DUTY UPON LANDLORD OR
TENANT WITH RESPECT TO THE DEMISED PREMISES, OR THE USE OR OCCUPATION THEREOF,
EXCEPT THE FOREGOING SHALL NOT OBLIGATE TENANT TO MAKE ANY STRUCTURAL REPAIRS OR
CHANGES UNLESS REQUIRED BY TENANT'S PARTICULAR MANNER OF USE OF THE DEMISED
PREMISES OR BY REASON OF THE ALTERATIONS OR LEASEHOLD IMPROVEMENTS INSTALLED IN
THE DEMISED PREMISES BY OR ON BEHALF OF TENANT.
ON THE COMMENCEMENT DATE, THE
DEMISED PREMISES SHALL COMPLY WITH ALL LEGAL REQUIREMENTS WHICH, IF NOT COMPLIED
WITH, WOULD ADVERSELY AFFECT TENANT'S ABILITY TO USE OR PERFORM ALTERATIONS IN
THE PREMISES IN ACCORDANCE WITH THE PROVISIONS OF THIS LEASE, EXCEPT THAT
LANDLORD SHALL NOT BE OBLIGATED TO CURE ANY VIOLATION OF A LEGAL REQUIREMENT TO
THE EXTENT SUCH CURE IS OR WOULD BE UNNECESSARY OR WOULD HAVE OTHERWISE BEEN
CURED DUE TO THE PERFORMANCE BY TENANT OF TENANT'S INITIAL WORK IN THE DEMISED
PREMISES.
33
8.02
NOTWITHSTANDING THE PROVISIONS OF SECTION 8.01 HEREOF, TENANT, AT
ITS OWN COST AND EXPENSE, IN ITS NAME AND/OR (WHENEVER NECESSARY) LANDLORD'S
NAME, 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 LEGAL REQUIREMENTS WITH WHICH TENANT IS
REQUIRED TO COMPLY PURSUANT TO THIS LEASE, AND MAY DEFER COMPLIANCE THEREWITH
PROVIDED THAT:
(A)
SUCH NON-COMPLIANCE SHALL NOT SUBJECT LANDLORD TO CRIMINAL
PROSECUTION OR