SOUTH OF MARKET STREET AREA OR PROVIDING
FOR OCCUPANCY IN EXCESS OF ONE (1) PERSON PER 138 SQUARE FEET OF RENTABLE AREA
OF THE PREMISES ON ANY FLOOR, OR (III) TENANT'S PARTICULAR EMPLOYEES OR
EMPLOYMENT PRACTICES, (B) TENANT SHALL NOT BE REQUIRED TO PERFORM ANY
ALTERATIONS OR IMPROVEMENTS TO OR IMPROVEMENTS TO PORTIONS OF THE PROJECT
SYSTEMS LOCATED OUTSIDE OF THE PREMISES, OR TO OTHER COMPONENTS OF THE BASE
BUILDING LOCATED OUTSIDE OF THE PREMISES, BY REASON OF THE TENANT IMPROVEMENTS
UNLESS SUCH CHANGES ARE CAUSED OR TRIGGERED BY (I) THE FAILURE OF TENANT'S
ARCHITECT TO DESIGN THE TENANT IMPROVEMENTS IN COMPLIANCE WITH APPLICABLE
BUILDING CODES AND OTHER LEGAL REQUIREMENTS, OR (II) INCLUSION IN THE TENANT
IMPROVEMENTS OF IMPROVEMENTS WHICH ARE NOT NORMAL AND CUSTOMARY GENERAL OFFICE
IMPROVEMENTS (SUCH AS, WITHOUT LIMITATION, INTERNAL STAIRWELLS, LIBRARY, FILE,
COMPUTER OR MEETING ROOMS, CLASSROOM FACILITIES (OTHER THAN NORMAL AND CUSTOMARY
CONFERENCE ROOMS) OR AREAS REQUIRING FLOOR REINFORCEMENT OR ENHANCED SYSTEMS
REQUIREMENTS), AND (C) PROVIDED THAT TENANT'S ARCHITECT SHALL HAVE PREPARED THE
FINAL PLANS IN COMPLIANCE WITH APPLICABLE BUILDING CODES AND OTHER LEGAL
REQUIREMENTS, TENANT SHALL NOT BE REQUIRED TO PERFORM ANY WORK TO THE PREMISES
CAUSED OR TRIGGERED SOLELY BY REASON OF LANDLORD'S FAILURE TO CONSTRUCT THE
TENANT IMPROVEMENTS IN ACCORDANCE WITH THE FINAL PLANS (AS DEFINED IN THE WORK
LETTER).
AS USED IN THIS SECTION 6.6, "BASE BUILDING" SHALL MEAN STRUCTURAL
PORTIONS OF THE PROJECT (INCLUDING EXTERIOR WALLS, ROOF, FOUNDATION, FLOOR SLABS
AND CORE OF THE PROJECT, WHETHER OR NOT COMPRISING A PART OF THE PREMISES), OR
TO BUILDING SYSTEMS (INCLUDING, WITHOUT LIMITATION, ELEVATOR, PLUMBING, HEATING,
ELECTRICAL, SECURITY, AND LIFE SAFETY), AND THE ALTERATIONS, IMPROVEMENTS AND
OTHER WORK WHICH TENANT IS SPECIFICALLY EXCUSED FROM PERFORMING PURSUANT TO THE
PROVISIONS OF THIS SECTION 6.6 ARE REFERRED TO AS "EXCUSED WORK."
6.7
RULES AND REGULATIONS.
TENANT SHALL COMPLY WITH THE RULES AND
REGULATIONS FOR THE PROJECT ATTACHED AS EXHIBIT D AND SUCH REASONABLE AND
NONDISCRIMINATORY AMENDMENTS THERETO AS LANDLORD MAY ADOPT FROM TIME TO TIME
WITH PRIOR NOTICE TO TENANT.
LANDLORD SHALL APPLY SUCH RULES AND REGULATIONS IN
A NONDISCRIMINATORY MANNER.
6.8
NO NUISANCE; NO OVERLOADING.
TENANT SHALL USE AND OCCUPY THE
PREMISES, AND CONTROL ITS AGENTS, EMPLOYEES, CONTRACTORS, INVITEES AND VISITORS,
IN SUCH MANNER SO AS NOT TO CREATE ANY NUISANCE, OR INTERFERE WITH, ANNOY OR
DISTURB (WHETHER BY NOISE, ODOR, VIBRATION OR OTHERWISE) ANY OTHER TENANT OR
OCCUPANT OF THE PROJECT OR LANDLORD IN ITS OPERATION OF THE PROJECT.
TENANT
SHALL NOT PLACE OR PERMIT TO BE PLACED ANY LOADS UPON THE FLOORS,
20
WALLS OR CEILINGS IN EXCESS OF THE MAXIMUM DESIGNED LOAD SPECIFIED BY LANDLORD
OR WHICH MIGHT DAMAGE THE PREMISES, THE BUILDING, OR ANY PORTION THEREOF.
6.9
FURNISHING OF FINANCIAL STATEMENTS; TENANT'S REPRESENTATIONS.
IN
ORDER TO INDUCE LANDLORD TO ENTER INTO THIS LEASE, TENANT AGREES THAT IT SHALL
PROMPTLY FURNISH LANDLORD, FROM TIME TO TIME, WITHIN TEN (10) BUSINESS DAYS OF
RECEIPT OF LANDLORD'S WRITTEN REQUEST THEREFOR, WITH FINANCIAL STATEMENTS IN
FORM AND SUBSTANCE REASONABLY SATISFACTORY TO LANDLORD