SHALL BE DEEMED TO
HAVE AUTOMATICALLY ATTORNED TO LANDLORD IN THE EVENT OF ANY TERMINATION OF THIS
LEASE.
IF THIS LEASE IS ASSIGNED, OR IF THE PREMISES (OR ANY PART THEREOF) ARE
SUBLET OR USED OR OCCUPIED BY ANYONE OTHER THAN TENANT, WHETHER OR NOT IN
VIOLATION OF THIS LEASE, LANDLORD OR AGENT MAY (WITHOUT PREJUDICE TO, OR WAIVER
OF ITS RIGHTS), COLLECT RENT FROM THE ASSIGNEE, SUBTENANT OR OCCUPANT.
WITH
RESPECT TO THE ALLOCABLE PORTION OF THE PREMISES SUBLET, IN THE EVENT THAT THE
TOTAL
7
RENT AND ANY OTHER CONSIDERATIONS RECEIVED UNDER ANY SUBLEASE BY TENANT IS
GREATER THAN (ON A PRO RATA AND PROPORTIONATE BASIS) THE TOTAL RENT REQUIRED TO
BE PAID, FROM TIME TO TIME, UNDER THIS LEASE, TENANT SHALL PAY TO LANDLORD FIFTY
PERCENT (50%) OF SUCH EXCESS AS RECEIVED FROM ANY SUBTENANT AND SUCH AMOUNT
SHALL BE DEEMED A COMPONENT OF THE ADDITIONAL RENT.
9.
COMPLIANCE WITH LAWS.
9.1.
COMPLIANCE WITH LAWS.
TENANT SHALL, AT ITS SOLE EXPENSE
(REGARDLESS OF THE COST THEREOF), COMPLY WITH ALL LOCAL, STATE AND FEDERAL LAWS,
RULES, REGULATIONS AND REQUIREMENTS NOW OR HEREAFTER IN FORCE AND ALL JUDICIAL
AND ADMINISTRATIVE DECISIONS IN CONNECTION WITH THE ENFORCEMENT THEREOF
(COLLECTIVELY, "LAWS"), PERTAINING TO EITHER OR BOTH OF THE PREMISES AND
TENANT'S USE AND OCCUPANCY THEREOF, AND INCLUDING, BUT NOT LIMITED TO, ALL LAWS
CONCERNING OR ADDRESSING MATTERS OF AN ENVIRONMENTAL NATURE.
IF ANY LICENSE OR
PERMIT IS REQUIRED FOR THE CONDUCT OF TENANT'S BUSINESS IN THE PREMISES, TENANT,
AT ITS EXPENSE, SHALL PROCURE SUCH LICENSE PRIOR TO THE COMMENCEMENT DATE, AND
SHALL MAINTAIN SUCH LICENSE OR PERMIT IN GOOD STANDING THROUGHOUT THE TERM.
TENANT SHALL GIVE PROMPT NOTICE TO LANDLORD OF ANY WRITTEN NOTICE IT RECEIVES OF
THE ALLEGED VIOLATION OF ANY LAW OR REQUIREMENT OF ANY GOVERNMENTAL OR
ADMINISTRATIVE AUTHORITY WITH RESPECT TO EITHER OR BOTH OF THE PREMISES AND THE
USE OR OCCUPATION THEREOF, EXCEPT FOR ANY ALLEGED VIOLATION RELATED SOLELY TO
TENANT'S BUSINESS.
9.2.
HAZARDOUS MATERIALS.
IF, AT ANY TIME OR FROM TIME TO TIME DURING
THE TERM (OR ANY EXTENSION THEREOF), ANY HAZARDOUS MATERIAL (DEFINED BELOW) IS
STORED, USED, TREATED OR DISPOSED OF ON OR IN EITHER OR BOTH OF THE PREMISES AND
THE PROPERTY BY, OR AS A RESULT OF ANY ACT OR OMISSION OF, ANY OR ALL OF TENANT
AND ANY OR ALL OF TENANT'S PARTIES (DEFINED BELOW): (I) TENANT SHALL, AT ITS OWN
COST, AT ALL TIMES COMPLY (AND CAUSE ALL OTHERS TO COMPLY) WITH ALL LAWS
RELATING TO HAZARDOUS MATERIALS, AND TENANT SHALL FURTHER, AT ITS OWN COST,
OBTAIN AND MAINTAIN IN FULL FORCE AND EFFECT AT ALL TIMES ALL PERMITS AND OTHER
APPROVALS REQUIRED IN CONNECTION THEREWITH; (II) TENANT SHALL PROMPTLY PROVIDE
LANDLORD OR AGENT WITH COMPLETE COPIES OF ALL MATERIAL COMMUNICATIONS, PERMITS
OR AGREEMENTS WITH, FROM OR ISSUED BY ANY GOVERNMENTAL AUTHORITY OR AGENCY
(FEDERAL, STATE OR LOCAL) OR ANY PRIVATE ENTITY RELATING IN ANY WAY TO THE
PRESENCE, RELEASE, THREAT OF RELEASE, OR PLACEMENT OF HAZARDOUS MATERIALS ON OR