paid to Landlord as and
when paid by the subtenant or assignee to Tenant.
11.07
LANDLORD'S CONSENT TO ANY SUBLEASE OR ASSIGNMENT SHALL NOT BE DEEMED
OR CONSTRUED TO MODIFY, AMEND OR AFFECT THE TERMS AND PROVISIONS OF THIS LEASE,
OR TENANT'S OBLIGATIONS HEREUNDER, WHICH SHALL CONTINUE TO APPLY, AS IF THE
SUBLEASE OR ASSIGNMENT HAD NOT BEEN MADE.
NOTWITHSTANDING ANY ASSIGNMENT OR
SUBLEASE, TENANT SHALL REMAIN FULLY LIABLE FOR THE PAYMENT OF FIXED ANNUAL RENT
AND ADDITIONAL RENTS AND FOR THE OTHER OBLIGATIONS OF THIS LEASE ON THE PART OF
TENANT TO BE PERFORMED OR OBSERVED.
IN THE EVENT THAT TENANT DEFAULTS IN THE
PAYMENT OF ANY RENT, LANDLORD IS AUTHORIZED TO COLLECT ANY RENTS DUE OR ACCRUING
FROM ANY ASSIGNEE, SUBTENANT OR OTHER OCCUPANT OF THE DEMISED PREMISES AND TO
APPLY THE NET AMOUNTS COLLECTED TO THE FIXED ANNUAL RENT AND ADDITIONAL RENT
RESERVED HEREIN, AND THE RECEIPT OF ANY SUCH AMOUNTS BY LANDLORD FROM AN
ASSIGNEE OR SUBTENANT, OR OTHER OCCUPANT OF ANY PART OF THE DEMISED PREMISES,
SHALL NOT BE DEEMED OR CONSTRUED AS RELEASING TENANT FROM TENANT'S OBLIGATIONS
HEREUNDER OR THE ACCEPTANCE OF THAT PARTY AS A DIRECT TENANT.
ARTICLE 12
CERTIFICATE OF OCCUPANCY
12.01
TENANT WILL NOT AT ANY TIME USE OR OCCUPY THE DEMISED PREMISES IN
VIOLATION OF THE CERTIFICATE OF OCCUPANCY ISSUED FOR THE BUILDING.
LANDLORD
REPRESENTS AND WARRANTS THAT THE EXISTING CERTIFICATE OF OCCUPANCY FOR THE
DEMISED PREMISES PERMITS THE USE OF THE DEMISED PREMISES FOR EXECUTIVE AND
GENERAL OFFICES.
ARTICLE 13
ADJACENT EXCAVATION; SHORING
13.01
IF AN EXCAVATION OR OTHER SUBSTRUCTURE WORK SHALL BE MADE UPON LAND
ADJACENT TO THE DEMISED PREMISES, OR SHALL BE AUTHORIZED TO BE MADE, TENANT
SHALL AFFORD TO THE PERSON CAUSING OR AUTHORIZED TO CAUSE SUCH EXCAVATION,
LICENSE TO ENTER UPON THE DEMISED PREMISES FOR THE PURPOSES OF DOING SUCH WORK
AS SHALL BE NECESSARY TO PRESERVE THE WALL OF OR THE BUILDING OF
26
WHICH THE DEMISED PREMISES FORM A PART FROM INJURY OR DAMAGE AND TO SUPPORT THE
SAME BY PROPER FOUNDATIONS WITHOUT ANY CLAIM FOR DAMAGES OR INDEMNITY AGAINST
LANDLORD, OR DIMINUTION OR ABATEMENT OF RENT.
ARTICLE 14
CONDEMNATION
14.01
IN THE EVENT THAT THE WHOLE OF THE DEMISED PREMISES SHALL BE
LAWFULLY CONDEMNED OR TAKEN IN ANY MANNER FOR ANY PUBLIC OR QUASI-PUBLIC USE,
THIS LEASE AND THE TERM AND ESTATE HEREBY GRANTED SHALL FORTHWITH CEASE AND
TERMINATE AS OF THE DATE OF VESTING OF TITLE.
IN THE EVENT THAT ONLY A PART OF
THE DEMISED PREMISES SHALL BE SO CONDEMNED OR TAKEN, THEN, EFFECTIVE AS OF THE
DATE OF VESTING OF TITLE, THE FIXED ANNUAL RENT UNDER ARTICLE 1 HEREUNDER AND
ADDITIONAL RENTS UNDER ARTICLE 3 HEREUNDER SHALL BE ABATED IN AN AMOUNT THEREOF
APPORTIONED ACCORDING TO THE AREA OF THE DEMISED PREMISES SO CONDEMNED OR
TAKEN.
IN THE EVENT THAT ONLY A PART OF THE BUILDING SHALL BE SO CONDEMNED OR
TAKEN, THEN (A) LANDLORD (WHETHER OR NOT THE DEMISED PREMISES BE AFFECTED) MAY,
AT LANDLORD'S OPTION, TERMINATE