FINES, FEES
AND EXPENSES IN CONNECTION THEREWITH.
ANY SUCH PROCEEDING INSTITUTED BY TENANT
SHALL BE COMMENCED AS SOON AS IS REASONABLY POSSIBLE AFTER THE ISSUANCE OF ANY
NOTIFICATION BY THE APPLICABLE GOVERNMENTAL AUTHORITY WITH RESPECT TO REQUIRED
COMPLIANCE WITH SUCH LEGAL REQUIREMENT AND SHALL BE PROSECUTED TO FINAL
ADJUDICATION WITH REASONABLE DILIGENCE.
TENANT HEREBY AGREES TO INDEMNIFY
LANDLORD FROM AND AGAINST ANY AND ALL CLAIMS ARISING OUT OF SUCH PROCEEDING.
NOTWITHSTANDING THE FOREGOING, TENANT PROMPTLY SHALL COMPLY WITH ANY SUCH LEGAL
REQUIREMENT AND COMPLIANCE SHALL NOT BE DEFERRED IF AT ANY TIME THERE IS A
CONDITION IMMINENTLY HAZARDOUS TO HUMAN LIFE OR HEALTH, THE PROPERTY, OR ANY
PART THEREOF, SHALL BE IN DANGER OF BEING FORFEITED OR LOST, OR IF LANDLORD
SHALL BE IN DANGER OF BEING SUBJECT TO CRIMINAL AND/OR CIVIL LIABILITY OR
PENALTY (OTHER THAN A FINE WHICH TENANT AGREES TO PAY OR IN REGARD TO WHICH
TENANT PROVIDES TO LANDLORD AN INDEMNITY OF LANDLORD BY AN ACCEPTABLE GUARANTOR)
BY REASON OF NONCOMPLIANCE THEREWITH.
THE OBLIGATIONS OF TENANT TO INDEMNIFY
LANDLORD UNDER THIS SECTION 7.4 SHALL SURVIVE THE EXPIRATION OR EARLIER
TERMINATION OF THIS LEASE.
SECTION 7.5
NO WASTE.
TENANT WILL NOT DO,
PERMIT OR SUFFER ANY WASTE TO OR UPON THE DEMISED PREMISES OR THE COMMON
ELEMENTS OR ANY PART THEREOF.
TENANT SHALL HAVE THE RIGHT AT ANY TIME AND FROM
TIME TO TIME TO SELL OR DISPOSE OF ANY EQUIPMENT, SUBJECT TO THIS LEASE, WHICH
MAY HAVE BECOME OBSOLETE OR UNFIT FOR USE OR WHICH IS NO LONGER USEFUL,
NECESSARY OR ECONOMICAL IN THE OPERATION OF THE DEMISED PREMISES OR THE COMMON
ELEMENTS; PROVIDED, HOWEVER, THAT TENANT SHALL HAVE SUBSTITUTED OR SHALL
PROMPTLY SUBSTITUTE FOR THE PROPERTY SO REMOVED FROM THE DEMISED PREMISES OR THE
COMMON ELEMENTS OTHER EQUIPMENT NOT NECESSARILY OF THE SAME CHARACTER BUT AT
LEAST OF EQUAL QUALITY IN THE PERFORMANCE OF THE PARTICULAR FUNCTION IN QUESTION
AS THAT OF THE PROPERTY SO REMOVED UNLESS, IN TENANT'S REASONABLE OPINION AS SET
FORTH IN A WRITTEN NOTICE TO LANDLORD, THE PROPERTY SO REMOVED WAS PERFORMING AN
OBSOLETE FUNCTION OR A FUNCTION NO LONGER REQUIRED IN CONNECTION WITH THE THEN
CURRENT USE OF THE DEMISED PREMISES OR THE COMMON ELEMENTS AND REPLACEMENT
THEREOF IS NOT NECESSARY OR APPROPRIATE TO MAINTAIN, WITHOUT IMPAIRMENT, THE
OPERATION OR CHARACTER OF THE DEMISED PREMISES OR THE COMMON ELEMENTS, THEIR USE
AND OCCUPANCY BY SUBTENANTS OR THEIR OVERALL VALUE.
SECTION 7.6
RIGHT OF ENTRY.
LANDLORD (AND ITS
DESIGNEE(S)) SHALL HAVE THE RIGHT TO ENTER UPON THE DEMISED PREMISES AND THE
COMMON ELEMENTS, OR ANY PART THEREOF, AT ANY TIME DURING THE TERM HEREOF, FOR
THE PURPOSE OF ASCERTAINING THE CONDITION OF THE DEMISED PREMISES AND/OR THE
COMMON ELEMENTS OR WHETHER TENANT OR ANY SUBTENANT IS OBSERVING AND PERFORMING
THEIR RESPECTIVE OBLIGATIONS HEREUNDER, ALL WITHOUT HINDRANCE OR MOLESTATION
FROM TENANT OR ANY PERSON CLAIMING BY, THROUGH OR UNDER TENANT.
THE ABOVE
MENTIONED RIGHTS OF ENTRY SHALL BE EXERCISABLE (OTHER THAN IN THE CASE OF AN
EMERGENCY) AT REASONABLE TIMES, AT REASONABLE