personal property to be assessed and billed separately from
the property of Landlord.
In the event any or all of Tenant's fixtures,
furnishings, equipment and other personal property, or taxes upon Tenant's
occupancy of the Premises, shall be assessed and taxed with the property of
Landlord, Tenant shall pay to Landlord its share of such taxes within ten (10)
business days after delivery to Tenant by Landlord of a statement in writing
setting forth the amount of such taxes applicable to Tenant's fixtures,
furnishings, equipment or personal property.
7.
USE.
The Premises shall be used and occupied by Tenant for
general office purposes and for no other purpose.
(A)
TENANT SHALL NOT AT ANY TIME USE OR OCCUPY THE PREMISES OR THE
BUILDING, OR SUFFER OR PERMIT ANYONE TO USE OR OCCUPY THE PREMISES, OR DO
ANYTHING IN THE PREMISES OR THE BUILDING, OR SUFFER OR PERMIT ANYTHING TO BE
DONE IN, BROUGHT INTO OR KEPT ON THE PREMISES, WHICH IN ANY MANNER IN THE SOLE
DISCRETION OF LANDLORD (A) VIOLATES THE CERTIFICATE OF OCCUPANCY FOR THE
PREMISES OR FOR THE BUILDING; (B) CAUSES OR IS LIABLE TO CAUSE INJURY TO THE
PREMISES OR THE BUILDING OR ANY EQUIPMENT, FACILITIES OR SYSTEMS THEREIN;
(C) CONSTITUTES A VIOLATION OF THE LAWS AND REQUIREMENTS OF ANY PUBLIC
AUTHORITIES OR THE REQUIREMENTS OF INSURANCE BODIES; (D) IMPAIRS OR TENDS TO
IMPAIR THE CHARACTER, REPUTATION OR APPEARANCE OF THE BUILDING AS A FIRST-CLASS
OFFICE BUILDING; (E) IMPAIRS OR TENDS TO IMPAIR THE PROPER AND ECONOMIC
MAINTENANCE, OPERATION AND
6
REPAIR OF THE BUILDING AND/OR ITS EQUIPMENT, FACILITIES OR SYSTEMS; OR
(F) CONSTITUTES A NUISANCE, PUBLIC OR PRIVATE.
(B)
NOTWITHSTANDING ANY OTHER PROVISION OF THIS LEASE TO THE CONTRARY
(INCLUDING WITHOUT LIMITATION, PARAGRAPH 9 REGARDING HEATING, VENTILATION AND
AIR CONDITIONING AND PARAGRAPH 19 REGARDING RULES AND REGULATIONS), TENANT
HEREBY AGREES THAT THE AGGREGATE NUMBER OF PEOPLE (INCLUDING, WITHOUT
LIMITATION, FULL-TIME EMPLOYEES, PART-TIME EMPLOYEES, INDEPENDENT CONTRACTORS
AND AGENTS OF TENANT) WHICH MAY USE OR PERFORM SERVICES OR ACTIVITIES IN THE
LEASE PREMISES SHALL NOT EXCEED A RATIO OF ONE (1) PERSON FOR EACH TWO HUNDRED
(200) RENTABLE SQUARE FEET OF SPACE IN THE LEASED PREMISES, REGARDLESS OF
WHETHER SUCH PEOPLE "OFFICE SHARE", "JOB SHARE" OR WORK IN SHIFTS.
LANDLORD
HEREBY ACKNOWLEDGES THAT TENANT MAY, FROM TIME TO TIME, ALLOW INVITEES, GUESTS
AND REPAIR WORKERS TO ENTER THE PREMISES FOR THE PURPOSES OF MEETING WITH
EMPLOYEES AND MAKING REPAIRS, AND THAT THE PRESENCE OF SUCH PEOPLE SHALL NOT BE
INCLUDED IN THE AFOREMENTIONED CALCULATION.
ANY VIOLATION BY TENANT OF THE
TERMS AND CONDITIONS OF THE PARAGRAPH 7 SHALL BE DEEMED TO BE AN EVENT OF
DEFAULT AS DEFINED IN PARAGRAPH 23 OF THE LEASE FOR WHICH THERE IS NO CURE
PERIOD.
8.
PREPARATION FOR OCCUPANCY.
Prior to the Commencement Date,
Landlord shall, at Landlord's sole cost and expense, alter and fit-up the
Premises to the extent set forth in the Workletter Agreement of even date
herewith, marked Exhibit "B" and attached hereto (herein referred to as