COOPERATE
WITH TENANT IN EFFECTING SUCH CONTEST OR PROCEEDING, INCLUDING, WITHOUT
LIMITATION, EXECUTING ANY AND ALL DOCUMENTS REASONABLY NECESSARY IN CONNECTION
WITH SUCH CONTEST OR PROCEEDING.
(E)
IF, BY REASON OF ANY CONTEST OR PROCEEDING CONDUCTED BY TENANT OR
OTHERWISE, ALL OR ANY PART OF THE AMOUNT OF ANY IMPOSITION PAID BY TENANT OR
LANDLORD SHALL BE REFUNDED OR RETURNED TO THE OTHER PARTY (WHO SHALL NOT BE
ENTITLED TO KEEP ALL OR ANY PORTION OF SUCH REFUND), SUCH PARTY SHALL PROMPTLY
PAY OVER SUCH REFUND, OR THE APPROPRIATE PRO RATA SHARE THEREOF, LESS THE
REASONABLE COST OF OBTAINING SUCH REFUND, TO THE OTHER PARTY.
4.
Use of Premises.
(A)
TENANT CURRENTLY OCCUPIES THE PREMISES AND ACCORDINGLY AGREES THAT (I)
TENANT AND ANY PERSON OR ENTITY CONTROLLING, CONTROLLED BY, OR UNDER COMMON
CONTROL WITH, TENANT, OR TO A PARENT OR SUBSIDIARY CORPORATION OF TENANT
(COLLECTIVELY, AN "AFFILIATE") AND (II) ANY ENTITY WITH WHOM TENANT HAS A
BUSINESS RELATIONSHIP (OTHER THAN SOLELY A LANDLORD AND TENANT RELATIONSHIP),
AND (III) TENANT'S PERMITTED SUBTENANTS, MAY USE AND OCCUPY THE PREMISES FOR THE
CONDUCT OF ITS OR THEIR RESPECTIVE BUSINESSES THEREIN AND FOR SUCH OTHER USES AS
ARE ANCILLARY THERETO.
(B)
TENANT SHALL NOT USE OR OCCUPY OR PERMIT THE PREMISES TO BE USED OR
OCCUPIED, NOR DO OR PERMIT ANYTHING TO BE DONE IN OR ON THE PREMISES OR ANY PART
THEREOF, IN A MANNER THAT WOULD IN ANY WAY VIOLATE ANY OF THE LAWS OR ANY
CERTIFICATE OF OCCUPANCY AFFECTING THE PREMISES, OR MAKE VOID OR VOIDABLE ANY
INSURANCE THEN IN FORCE WITH RESPECT THERETO, OR THAT WILL CAUSE STRUCTURAL
INJURY TO THE PREMISES OR ANY PART THEREOF, OR THAT WILL CONSTITUTE WASTE.
NOTHING CONTAINED IN THIS LEASE AND NO ACTION OR INACTION BY LANDLORD SHALL BE
DEEMED OR CONSTRUED TO MEAN THAT LANDLORD HAS GRANTED TO TENANT ANY RIGHT, POWER
OR PERMISSION TO DO ANY ACT OR TO MAKE ANY AGREEMENT THAT MAY CREATE, ANY RIGHT,
TITLE, INTEREST, LIEN, CHARGE OR OTHER ENCUMBRANCE UPON THE ESTATE OF LANDLORD
IN THE PREMISES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS
ARTICLE 4, TENANT SHALL BE PERMITTED TO USE AND OCCUPY THE PREMISES IN THE SAME
MANNER THAT IT HAS USED AND OCCUPIED THE PREMISES FOR THE CONDUCT OF ITS
BUSINESS IN THE ORDINARY COURSE OF ITS BUSINESS EXCEPT TO THE EXTENT PROVIDED IN
THIS SECTION 4(B).
5.
Condition of Premises and Delivery of
Possession.
Tenant currently occupies the Premises and accordingly agrees to accept the
Premises in their "as is" condition and understands and agrees that Landlord
shall not be required to perform any work, supply any materials or incur any
expense to prepare the Premises for Tenant's occupancy.
4
6.
Repairs and Maintenance.
(A)
TENANT SHALL PROMPTLY THROUGHOUT THE TERM OF THIS LEASE (SUBJECT TO THE
PROVISIONS OF SECTION 6(C) BELOW), AT TENANT'S COST AND EXPENSE, MAINTAIN THE
PREMISES IN THE CONDITION EXISTING ON THE DATE HEREOF, SUBJECT TO REASONABLE
WEAR AND TEAR, AND DELIVER POSSESSION OF THE PREMISES UPON