OF THE BUILDING, INCLUDING, WITHOUT LIMITATION, COSTS OF REPAIR, LOSS OF
INCOME, CLAIMS FOR DAMAGES FROM OTHER TENANTS OF THE BUILDING AND DAMAGES WHICH
RESULT IF ANY WARRANTY ON THE ROOF HELD OR MAINTAINED BY LANDLORD IS VOIDED OR
IMPAIRED BY SUCH PENETRATION.
THE PROVISIONS HEREOF SHALL SURVIVE THE
TERMINATION OF THIS LEASE.
7.03.
UNDER NO CIRCUMSTANCES MAY TENANT PENETRATE THE ROOF, ROOF MEMBRANE OR
FLOOR SLAB OF THE BUILDING WITHOUT LANDLORD'S PRIOR WRITTEN CONSENT, WHICH
CONSENT MAY BE GIVEN OR WITHHELD BY LANDLORD IN ITS REASONABLE DISCRETION.
TENANT SHALL HOLD HARMLESS LANDLORD FROM ANY LOSS, LIABILITY, ANY EXPENSES
ARISING OUT OF SUCH DAMAGE OR REPAIR CAUSED BY TENANT'S NEGLIGENCE OR FAILURE TO
COMPLY WITH THIS PARAGRAPH.
8.
LIENS.
Tenant shall at all times keep the Premises and the Building free from any known
liens arising out of any work performed, materials furnished or obligations
incurred by Tenant.
Landlord shall have the right to post and keep posted on
the Premises any notices that may be provided by law or which Landlord may deem
to be proper for the protection of Landlord, the Premises and the Building from
such liens.
9.
REPAIRS.
Subject to the provisions of Section 2.03 hereof, by entry hereunder unless
Tenant provides Landlord with written notice to the contrary at the time of such
entry, Tenant accepts the Premises as being in the condition in which Landlord
is obligated to deliver the Premises.
Except as expressly set forth below, to
the fullest extent permitted by law, Tenant hereby waives all rights to make
repairs at the expense of Landlord-as may be provided by any law, statute or
ordinance now or hereafter in effect.
Landlord has no obligation and has made
no promise to alter, remodel, improve, repair, decorate or paint the Premises or
any part thereof, except as specifically and expressly herein set forth.
No
representations respecting the condition of the Premises or the Building have
been made by Landlord to Tenant, except as specifically and expressly herein set
forth.
(A)
LANDLORD SHALL USE REASONABLE EFFORTS TO SATISFY ITS REPAIR MAINTENANCE
OBLIGATIONS AS SET FORTH HEREIN IN A DILIGENT AND TIMELY MANNER AND, IN ANY
EVENT WITHIN THIRTY (30) DAYS FROM THE DATE LANDLORD RECEIVES WRITTEN NOTICE
THAT SUCH REPAIRS OR MAINTENANCE ARE NECESSARY OR SUCH SHORTER PERIOD AS MAY BE
NECESSARY UNDER THE CIRCUMSTANCES IN THE EVENT OF ANY EMERGENCY.
NOTWITHSTANDING ANY OTHER LANGUAGE CONTAINED HEREIN TO THE CONTRARY,.
LANDLORD
13
ACKNOWLEDGES AND AGREES THAT, IN THE EVENT EITHER (I) LANDLORD FAILS TO PERFORM
ITS MAINTENANCE OR REPAIR OBLIGATIONS UNDER THIS LEASE WITHIN THIRTY (30) DAYS
OF ITS RECEIPT OF NOTICE FROM TENANT, OR (II) LANDLORD, AFTER COMMENCING SUCH
PERFORMANCE. THEREAFTER FAILS TO DILIGENTLY AND CONTINUOUSLY PURSUE THE
COMPLETION OF SAME, THEN IN EITHER SUCH EVENT, TENANT SHALL HAVE THE RIGHT TO
CURE LANDLORD'S
NONPERFORMANCE AND CHARGE LANDLORD FOR TENANT'S REASONABLE
ACTUAL OUT OF POCKET COST THEREOF.
FURTHERMORE, IN ADDITION TO THE RIGHTS SET
FORTH ABOVE, IN THE EVENT OF AN EMERGENCY AND IMMEDIATE