TO USE, PERMIT OR SUFFER THE DEMISED PREMISES OR
THE COMMON ELEMENTS TO BE USED FOR ANY PURPOSES NOT EXPRESSLY PERMITTED UNDER
THIS SECTION 7.1(A) WITHOUT THE PRIOR WRITTEN CONSENT OF LANDLORD.
(B)
DISPLAY AND SIGNAGE.
ALL SIGNAGE TO BE INCORPORATED INTO THE DESIGN
OF THE DEMISED PREMISES AND THE COMMON ELEMENTS, AND ALL LIGHTING TO BE
INSTALLED IN CONNECTION THEREWITH SHALL COMPLY WITH THE SPECIFIC REQUIREMENTS OF
THE DUO; PROVIDED, HOWEVER, THAT TENANT SHALL NOT BE RESPONSIBLE FOR SIGNAGE AND
LIGHTING RELATING TO ANY RETAIL SPACE OTHER THAN ANY RETAIL SPACE ASSOCIATED
WITH THE PUBLIC AMENITY.
TENANT SHALL INSTALL AND OPERATE, OR CAUSE
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TO BE INSTALLED AND OPERATED, LIGHTS AND SIGNS AS REQUIRED BY THE DUO BY THE
DATE(S) PRESCRIBED IN THE DUO APPLICABLE TO EACH CATEGORY OF LIGHTING AND
SIGNAGE SET FORTH IN THE DUO.
(C)
COMMON ELEMENTS.
SUBJECT TO THE IMMEDIATELY FOLLOWING SENTENCE,
THE COMMON ELEMENTS SHALL NOT BE USED FOR ANY COMMERCIAL PURPOSES.
THE LOBBY
SUBLEASE SPACE MAY BE USED FOR COMMERCIAL PURPOSES, BUT ONLY IN ACCORDANCE WITH,
AND AS CONTEMPLATED BY, SECTION 34.1 HEREOF.
(D)
COMPLIANCE WITH THE DUO.
TENANT SHALL MAINTAIN AND OPERATE THE
DEMISED PREMISES AND THE COMMON ELEMENTS IN COMPLIANCE WITH THE DUO.
SECTION 7.2
RESTRICTIONS ON USE.
TENANT SHALL
NOT USE, OCCUPY, MAINTAIN OR OPERATE THE DEMISED PREMISES AND THE COMMON
ELEMENTS, NOR PERMIT THE SAME TO BE USED, OCCUPIED, MAINTAINED OR OPERATED, NOR
DO OR PERMIT ANYTHING TO BE DONE IN, ON OR TO THE DEMISED PREMISES AND THE
COMMON ELEMENTS, IN WHOLE OR IN PART, IN A MANNER WHICH WOULD IN ANY WAY:
(A)
VIOLATE ANY CONSTRUCTION PERMIT OR CERTIFICATE OF OCCUPANCY
AFFECTING THE PROPERTY;
(B)
CONSTITUTE A PUBLIC NUISANCE;
(C)
VIOLATE ANY LEGAL REQUIREMENTS OR INSURANCE REQUIREMENTS; OR
(D)
VIOLATE ANY REQUIREMENTS OF THE DUO.
SECTION 7.3
MAINTENANCE OBLIGATIONS.
(A)
[INTENTIONALLY OMITTED]
(B)
[INTENTIONALLY OMITTED]
(C)
MAINTENANCE OBLIGATIONS.
(I)
AT ALL TIMES DURING THE TERM OF THIS
LEASE.
TENANT SHALL (AND/OR SHALL CAUSE EACH SUBTENANT (BY INCORPORATING THE
FOLLOWING PROVISIONS IN EVERY SUBLEASE AND USING ALL REASONABLE EFFORTS TO
ENFORCE THE SAME) TO):
(A)
NOT CAUSE ANY WASTE TO OR UPON THE DEMISED PREMISES OR THE COMMON
ELEMENTS OR ANY PART THEREOF, NOR PERMIT OR SUFFER ANY WASTE TO OR UPON THE
DEMISED PREMISES OR THE COMMON ELEMENTS;
(B)
NOT CAUSE PHYSICAL DAMAGE (OTHER THAN AS PART OF ANY ALTERATION
PERMITTED HEREUNDER OR AS CAUSED BY A CASUALTY OR TAKING) TO THE DEMISED
PREMISES OR THE COMMON ELEMENTS OR ANY PART THEREOF;
(C)
TAKE GOOD CARE OF THE DEMISED PREMISES AND THE COMMON ELEMENTS, MAKE
ALL REPAIRS, RESTORATIONS AND REPLACEMENTS THERETO, INTERIOR AND EXTERIOR,
STRUCTURAL AND NON-STRUCTURAL, ORDINARY AND EXTRAORDINARY, FORESEEN AND
UNFORESEEN, NECESSARY TO (1) COMPLY WITH ALL LEGAL REQUIREMENTS, INSURANCE
REQUIREMENTS AND THE DUO AND (2) MAINTAIN AND OPERATE THE DEMISED PREMISES AND
THE COMMON ELEMENTS TO A STANDARD AT LEAST OF THAT OF {FIRST CLASS
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RETAIL SPACE IN} A CLASS "A" OFFICE BUILDING (AS UNDERSTOOD ON DECEMBER 12,
2001) IN MIDTOWN