ANY REPAIRS OR PERFORM ANY
ACTS HEREUNDER AT LANDLORD'S EXPENSE OR TO ANY SETOFF OF THE RENT OR OTHER
AMOUNTS OWING HEREUNDER AGAINST LANDLORD.
29.25
PROJECT OR BUILDING NAME AND SIGNAGE.
LANDLORD SHALL
HAVE THE RIGHT AT ANY TIME TO CHANGE THE NAME OF THE PROJECT.
TENANT SHALL NOT
USE THE NAME OF THE PROJECT OR USE PICTURES OR ILLUSTRATIONS OF THE PROJECT IN
ADVERTISING OR OTHER PUBLICITY OR FOR ANY PURPOSE OTHER THAN AS THE ADDRESS OF
THE BUSINESS TO BE CONDUCTED BY TENANT IN THE PREMISES, WITHOUT THE PRIOR
WRITTEN CONSENT OF LANDLORD, WHICH SHALL NOT BE UNREASONABLY WITHHELD.
29.26
COUNTERPARTS.
THIS LEASE MAY BE EXECUTED IN
COUNTERPARTS WITH THE SAME EFFECT AS IF BOTH PARTIES HERETO HAD EXECUTED THE
SAME DOCUMENT.
BOTH COUNTERPARTS SHALL BE CONSTRUED TOGETHER AND SHALL
CONSTITUTE A SINGLE LEASE.
29.27
PROJECT RENOVATIONS.
IT IS SPECIFICALLY UNDERSTOOD
AND AGREED THAT LANDLORD HAS NO OBLIGATION AND HAS MADE NO PROMISES TO ALTER,
REMODEL, IMPROVE, RENOVATE, REPAIR OR DECORATE THE PREMISES, BUILDING, OR ANY
PART THEREOF AND THAT NO REPRESENTATIONS RESPECTING THE CONDITION OF THE
PREMISES OR THE BUILDING HAVE BEEN MADE BY LANDLORD TO TENANT EXCEPT AS
SPECIFICALLY SET FORTH HEREIN OR IN THE TENANT WORK LETTER.
HOWEVER, TENANT
HEREBY ACKNOWLEDGES THAT LANDLORD IS CURRENTLY RENOVATING OR MAY DURING THE
LEASE TERM RENOVATE, IMPROVE, DEVELOP, ALTER, OR MODIFY (COLLECTIVELY, THE
"RENOVATIONS") THE PROJECT, THE BUILDING AND/OR THE PREMISES.
TENANT HEREBY
AGREES THAT SUCH RENOVATIONS SHALL IN NO WAY CONSTITUTE A CONSTRUCTIVE EVICTION
OF TENANT NOR ENTITLE TENANT TO ANY ABATEMENT OF RENT, EXCEPT AS SET FORTH IN
SECTION 19.5.2; PROVIDED, HOWEVER, THAT LANDLORD SHALL USE COMMERCIALLY
REASONABLE EFFORTS TO MINIMIZE INTERFERENCE WITH TENANT'S USE OF THE PREMISES
DURING ANY CONSTRUCTION PERIOD AND SHALL INSTALL A PLYWOOD BARRIER AROUND ANY
SITE WHICH LANDLORD DEVELOPS ON THE PROJECT.
29.28
HAZARDOUS SUBSTANCES.
29.28.1
DEFINITIONS.
FOR PURPOSES OF THIS LEASE, THE FOLLOWING
DEFINITIONS SHALL APPLY:
"HAZARDOUS MATERIAL(S)" SHALL MEAN ANY SUBSTANCE OR
MATERIAL THAT IS DESCRIBED AS A TOXIC OR HAZARDOUS SUBSTANCE, WASTE, MATERIAL,
POLLUTANT, CONTAMINANT OR INFECTIOUS WASTE, OR ANY MATTER THAT IN CERTAIN
SPECIFIED QUANTITIES WOULD BE INJURIOUS TO THE PUBLIC HEALTH OR WELFARE, OR
WORDS OF SIMILAR IMPORT, IN ANY OF THE "ENVIRONMENTAL LAWS," AS THAT TERM IS
DEFINED BELOW IN THIS SECTION 29.28.1, OR ANY OTHER WORDS WHICH ARE INTENDED TO
DEFINE, LIST OR CLASSIFY SUBSTANCES BY REASON OF DELETERIOUS PROPERTIES SUCH AS
IGNITABILITY, CORROSIVITY, REACTIVITY, CARCINOGENICITY, TOXICITY OR REPRODUCTIVE
TOXICITY AND INCLUDES, WITHOUT LIMITATION, ASBESTOS, PETROLEUM (INCLUDING CRUDE
OIL OR ANY FRACTION THEREOF, NATURAL GAS, NATURAL GAS LIQUIDS, LIQUEFIED NATURAL
GAS, OR SYNTHETIC GAS USABLE FOR FUEL, OR ANY MIXTURE THEREOF), PETROLEUM
PRODUCTS, POLYCHLORINATED BIPHENYLS, UREA FORMALDEHYDE, RADON GAS, RADIOACTIVE
MATTER, MEDICAL WASTE, AND CHEMICALS WHICH MAY CAUSE CANCER OR REPRODUCTIVE
TOXICITY.
"ENVIRONMENTAL LAWS" SHALL MEAN ALL
33
FEDERAL, STATE, LOCAL AND QUASI-GOVERNMENTAL LAWS (WHETHER UNDER COMMON LAW,
STATUTE OR OTHERWISE), ORDINANCES, DECREES, CODES, RULINGS, AWARDS, RULES,
REGULATIONS AND GUIDANCE DOCUMENTS NOW OR HEREAFTER BE ENACTED OR PROMULGATED AS
AMENDED FROM TIME TO