CHARGES
REQUIRED TO BE PAID BY TENANT PURSUANT HERETO SHALL BE CLAIMED BY OR ALLOWED TO
TENANT FOR ANY INCONVENIENCE OR INTERRUPTION, CESSATION, OR LOSS OF BUSINESS
CAUSED DIRECTLY OR INDIRECTLY, BY ANY PRESENT OR FUTURE LAWS, OR BY PRIORITIES,
RATIONING OR CURTAILMENT OF LABOR OR MATERIALS, OR BY WAR, CIVIL COMMOTION,
STRIKES OR RIOTS, OR ANY MANNER OR THING RESULTING THEREFROM, OR BY ANY OTHER
CAUSE OR CAUSES BEYOND THE CONTROL OF LANDLORD OR TENANT, NOR SHALL THIS LEASE
BE AFFECTED BY ANY SUCH CAUSES; AND NO DIMINUTION IN THE AMOUNT OF THE SPACE
USED BY TENANT CAUSED BY LEGALLY
6
REQUIRED CHANGES IN THE CONSTRUCTION, EQUIPMENT, FIXTURES, MOTORS, MACHINERY,
OPERATION OR USE OF THE PREMISES SHALL ENTITLE TENANT TO ANY ABATEMENT,
DIMINUTION OR REDUCTION OF THE RENT OR ANY OTHER CHARGES REQUIRED TO BE PAID BY
TENANT PURSUANT TO THE TERMS OF THIS LEASE.
TO THE EXTENT THAT ANY ALTERATIONS
ARE REQUIRED TO BE PERFORMED TO ANY PORTION OF THE PREMISES IN ORDER FOR TENANT
TO LEGALLY OCCUPY SUCH PORTION OF THE PREMISES, TENANT SHALL HAVE THE RIGHT, IN
LIEU OF PERFORMING SUCH ALTERATION, TO DISCONTINUE ITS USE AND OCCUPANCY OF SUCH
PORTION OF THE PREMISES (IT BEING UNDERSTOOD THAT TENANT SHALL REMAIN OBLIGATED
WITH RESPECT TO SUCH PORTION OF THE PREMISES IN ALL OTHER RESPECTS UNDER THE
PROVISIONS OF THIS LEASE).
(B)
TENANT SHALL NOT BE REQUIRED TO COMPLY WITH ANY LAW OR REQUIREMENT OF
ANY PUBLIC AUTHORITY, AND LANDLORD SHALL NOT EFFECT ANY SUCH COMPLIANCE FOR
WHICH TENANT IS RESPONSIBLE, SO LONG AS TENANT SHALL BE CONTESTING THE VALIDITY
THEREOF, OR THE APPLICABILITY THEREOF TO THE PREMISES, IN ACCORDANCE WITH
SECTION 9(C) HEREOF.
(C)
TENANT, AT ITS EXPENSE, AFTER NOTICE TO LANDLORD, MAY CONTEST, BY
APPROPRIATE PROCEEDINGS PROSECUTED DILIGENTLY AND IN GOOD FAITH, THE VALIDITY,
OR APPLICABILITY TO THE PREMISES, OF ANY LAW OR REQUIREMENT OF ANY PUBLIC
AUTHORITY AND MAY DEFER COMPLIANCE THEREWITH DURING THE PENDENCY OF SUCH
CONTEST, PROVIDED THAT LANDLORD SHALL NOT BE SUBJECT TO CRIMINAL PENALTY OR TO
PROSECUTION FOR A CRIME, OR ANY OTHER FINE OR CHARGE (CIVIL, CRIMINAL OR
OTHERWISE), NOR SHALL THE PREMISES OR ANY PART THEREOF OR THE LAND, OR ANY PART
THEREOF, BE SUBJECT TO BEING CONDEMNED OR VACATED OR HAVE ANY LIEN OR ATTACHMENT
ACTUALLY OCCUR, BY REASON OF NON-COMPLIANCE OR OTHERWISE BY REASON OF SUCH
CONTEST.
TENANT SHALL KEEP LANDLORD ADVISED AS TO THE STATUS OF SUCH
PROCEEDINGS.
LANDLORD SHALL BE DEEMED SUBJECT TO PROSECUTION FOR A CRIME IF
LANDLORD, OR ITS MANAGING AGENT, OR ANY OFFICER, DIRECTOR, PARTNER, SHAREHOLDER
OR EMPLOYEE OF LANDLORD OR ITS MANAGING AGENT, AS AN INDIVIDUAL, IS CHARGED WITH
A CRIME OF ANY KIND OR DEGREE WHATEVER, WHETHER BY SERVICE OF A SUMMONS OR
OTHERWISE, UNLESS SUCH CHARGE IS WITHDRAWN BEFORE LANDLORD OR ITS MANAGING
AGENT, OR SUCH OFFICER, DIRECTOR, PARTNER, SHAREHOLDER OR EMPLOYEE OF LANDLORD
OR ITS MANAGING AGENT (AS THE CASE MAY BE) IS REQUIRED TO PLEAD OR ANSWER
THERETO.
10.
Insurance.
(A)
TENANT, IN ITS NAME,