PREMISES ARE A PART, FIRE
ALARMS, EMERGENCY LIGHTING, AND OTHER RELATED LIFE SAFETY EQUIPMENT, AND EXITS
FROM THE DEMISED PREMISES TO COMPLY WITH ALL PRESENT AND FUTURE REQUIREMENTS OF
FEDERAL, STATE, COUNTY AND CITY GOVERNMENTS AND ALL OTHER GOVERNMENTAL
AUTHORITIES HAVING OR CLAIMING JURISDICTION WITH RESPECT TO THE OCCUPANCY OF THE
DEMISED PREMISES INITIALLY AND THROUGHOUT THE TERM AND THE COST THEREOF
(EXCLUDING THE COST FOR SUCH ITEMS PURSUANT TO THE INITIAL TENANT FIT-OUT WORK
PERFORMED PURSUANT TO THE SPECIFICATIONS
10
REFERENCED ON EXHIBIT "C" ATTACHED HERETO), SHALL BE EITHER EXPENSED ON AN
ANNUAL BASIS BY LANDLORD OR AMORTIZED OVER THE ITEMS USEFUL LIFE OF SUCH ITEM
(BUT NOT MORE THAT TEN (10) YEARS) AND SHALL BE INCLUDED WITHIN THE COMMON AREA
OPERATING EXPENSE TO BE PAID BY TENANT.
6.
DAMAGE AND CONDEMNATION.
6.1.
FIRE OR CASUALTY DAMAGE.
IN THE EVENT OF DAMAGE OR DESTRUCTION OF
THE DEMISED PREMISES BY FIRE OR OTHER CASUALTY, THE LEASE SHALL NOT BE
TERMINATED, BUT THE DEMISED PREMISES SHALL BE PROMPTLY AND FULLY REPAIRED AND
RESTORED BY LANDLORD AT ITS OWN COST AND EXPENSES TO THE CONDITION PRIOR TO THE
COMMENCEMENT OF THE LEASE, NORMAL WEAR AND TEAR EXCEPTED.
IF THE DEMISED
PREMISES ARE DAMAGED BUT NOT WHOLLY DESTROYED BY ANY SUCH CASUALTY, RENTAL SHALL
ABATE IN PROPORTION OF THE DEMISED PREMISES WHICH HAS BEEN RENDERED UNTENANTABLE
UNTIL SUBSTANTIAL COMPLETION OF ITS REPAIR, AT WHICH TIME FULL RENTAL SHALL
AGAIN COMMENCE UNDER THE LEASE.
IN THE EVENT EITHER (I) THE DAMAGE TO THE
DEMISED PREMISES IS OF SUCH A NATURE THAT IT CANNOT BE REPAIRED BY LANDLORD
WITHIN NINETY (90) DAYS FROM THE DATE OF THE CASUALTY; OR (II) THE CASUALTY
OCCURS DURING THE LAST TWO (2) YEARS OF THE TERM OF THE LEASE; OR (III) THE
INSURANCE PROCEEDS AVAILABLE AND PAID TO LANDLORD ARE NOT SUFFICIENT TO RESTORE
THE DEMISED PREMISES, THEN LANDLORD SHALL, AT ITS OPTION, HAVE THE RIGHT TO
TERMINATE THE LEASE AND ALL FURTHER RIGHTS AND OBLIGATIONS HEREUNDER.
IN THE
EVENT THE DAMAGE TO THE DEMISED PREMISES IS OF SUCH A NATURE THAT IT CANNOT BE
REPAIRED BY THE LANDLORD WITHIN ONE HUNDRED AND EIGHTY (180) DAYS FROM THE DATE
OF THE CASUALTY, AS DETERMINED BY THE LANDLORD'S ARCHITECT, THEN THE TENANT MAY
AT ITS OPTION TERMINATE THIS LEASE.
6.2.
CONDEMNATION.
TENANT AGREES THAT IF THE DEMISED PREMISES, OR ANY
PART THEREOF WHICH AFFECTS TENANT'S ABILITY TO OCCUPY THE SPACE, SHALL BE TAKEN
OR CONDEMNED FOR PUBLIC USE OR PURPOSE BY ANY AUTHORITY, TENANT SHALL HAVE NO
CLAIM AGAINST LANDLORD AND SHALL NOT HAVE ANY CLAIM OR RIGHT TO ANY PORTION OF
THE AMOUNT THAT MAY BE AWARDED AS DAMAGES OR PAID AS A RESULT OF ANY SUCH
CONDEMNATION.
ALL RIGHTS OF TENANT TO DAMAGES THEREFOR, IF ANY, ARE HEREBY
ASSIGNED BY TENANT TO LANDLORD.
UPON SUCH CONDEMNATION OR TAKING, THE TERM OF
THE LEASE SHALL CEASE AND TERMINATE FROM THE DATE OF SUCH GOVERNMENTAL TAKING OR
CONDEMNATION, AND TENANT SHALL HAVE NO CLAIM AGAINST LANDLORD FOR THE VALUE