BUILDING RESTRICTING
ACCESS TO THE PREMISES (THE "ELEVATOR CARD READERS"), PROVIDED, HOWEVER, (I)
TENANT COMPLIES WITH ANY AND ALL TERMS, CONDITIONS AND REQUIREMENTS OF THIS
LEASE WITH RESPECT TO ALTERATIONS, INCLUDING, WITHOUT LIMITATION, THOSE
REQUIREMENTS SET FORTH IN ARTICLE 9 HEREIN, (II) TENANT SHALL INSTALL SUCH
ELEVATOR CARD READERS, OR CAUSE THE INSTALLATION ANY SUCH WORK TO BE PERFORMED
DURING TIMES OTHER THAN BUILDING HOURS, (III) AT THE TIME OF SUCH INSTALLATION
TENANT MUST OCCUPY THE ENTIRE PREMISES, AND (IV) IN THE EVENT AFTER SUCH
INSTALLATION IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THE LEASE THE
PREMISES SHALL NO LONGER CONSIST OF THE ENTIRE THIRD FLOOR OF THE BUILDING, THEN
TENANT SHALL REMOVE THE ELEVATOR CARD READER AT TENANT'S SOLE COST AND EXPENSE
AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS LEASE.
IN THE EVENT THE
LANDLORD SHALL DISCONTINUE BOTH THE EMPLOYMENT OF SECURITY GUARDS AND THE USE OF
AN ACCESS CARD SYSTEM AT THE BUILDING, THEN LANDLORD AND TENANT SHALL REASONABLY
COOPERATE TO ESTABLISH AN ALTERNATIVE MULTI-TENANT ACCESS SYSTEM AND OTHER
APPROPRIATE SECURITY PLANS AND PROCEDURES FOR THE BUILDING AS LANDLORD SHALL
DEEM REASONABLY ADVISABLE.
TENANT SHALL PAY, AS ADDITIONAL RENT TO LANDLORD IN
ACCORDANCE WITH ARTICLE 4 HEREIN, TENANT'S PROPORTIONATE SHARE OF ANY AND ALL
COSTS INCURRED BY LANDLORD IN CONNECTION WITH THE OPERATION, MAINTENANCE AND
REPAIR OF ANY MULTI-TENANT ACCESS SYSTEM INSTALLED AT THE BUILDING (INCLUDING,
WITHOUT LIMITATION, THE ACCESS CARD SYSTEM CURRENTLY BEING UTILIZED AT THE
BUILDING), PROVIDED, HOWEVER, THAT IN THE EVENT ANY SUCH MULTI-TENANT ACCESS
SYSTEM BECOMES NON-FUNCTIONAL AND IS UNABLE TO BE REPAIRED, (UNLESS SUCH
REPLACEMENT WAS NECESSITATED OR BROUGHT ABOUT BY ANY ACT OR OMISSION OF TENANT
OR TENANT'S AGENTS), LANDLORD SHALL BE RESPONSIBLE AT ITS SOLE COST AND EXPENSE
FOR THE REPLACEMENT OF ANY SUCH MULTI-TENANT ACCESS SYSTEM WITH EITHER A SIMILAR
OR ALTERNATIVE MULTI-TENANT ACCESS SYSTEM FOR THE BUILDING AS DETERMINED BY
LANDLORD IN ITS SOLE AND ABSOLUTE DISCRETION.
ARTICLE XV
LIABILITY OF LANDLORD
15.1
LANDLORD AND LANDLORD'S AGENTS SHALL NOT BE LIABLE TO TENANT,
TENANT'S AGENTS OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGE (INCLUDING ANY
CONSEQUENTIAL OR PUNITIVE DAMAGE), INJURY, LOSS OR CLAIM (INCLUDING CLAIMS FOR
THE INTERRUPTION OF OR LOSS TO BUSINESS) BASED ON OR IN ANY WAY ARISING OUT OF
ANY CAUSE WHATSOEVER INCLUDING, WITHOUT LIMITATION, THE FOLLOWING: REPAIR TO ANY
PORTION OF THE PREMISES OR THE PROPERTY; INTERRUPTION IN THE USE OF THE PREMISES
OR ANY EQUIPMENT THEREIN; ANY ACCIDENT OR DAMAGE RESULTING FROM ANY USE OR
OPERATION (BY LANDLORD, TENANT OR ANY OTHER PERSON OR ENTITY) OF ELEVATORS OR
HEATING, COOLING, ELECTRICAL, SEWERAGE OR PLUMBING EQUIPMENT OR APPARATUS;
TERMINATION OF THIS LEASE BY REASON OF DAMAGE TO THE PREMISES OR THE PROPERTY;
ANY FIRE, ROBBERY, THEFT, VANDALISM, MYSTERIOUS DISAPPEARANCE OR ANY OTHER
CASUALTY; ACTIONS OF ANY OTHER TENANT OF THE BUILDING OR OF ANY OTHER PERSON OR
ENTITY; FAILURE OR INABILITY TO FURNISH ANY SERVICE SPECIFIED IN THIS LEASE; AND
LEAKAGE IN ANY PART OF THE
F-39
PREMISES OR