OR WARRANTY TO TENANT AND
HAS NO OBLIGATION AND HAS MADE NO PROMISES TO ALTER, REMODEL, IMPROVE, RENOVATE,
REPAIR OR DECORATE THE PREMISES, BUILDING, OR ANY PART THEREOF AND THAT NO
REPRESENTATIONS RESPECTING THE CONDITION OF THE PREMISES OR THE BUILDING HAVE
BEEN MADE BY LANDLORD TO TENANT EXCEPT AS SPECIFICALLY SET FORTH HEREIN OR IN
THE TENANT WORK LETTER.
HOWEVER, TENANT HEREBY ACKNOWLEDGES THAT LANDLORD IS
CURRENTLY RENOVATING OR MAY DURING THE LEASE TERM RENOVATE, IMPROVE, ALTER, OR
MODIFY (COLLECTIVELY, THE "RENOVATIONS") THE PROJECT, THE BUILDING AND/OR THE
PREMISES INCLUDING WITHOUT LIMITATION THE PARKING STRUCTURE, COMMON AREAS,
SYSTEMS AND EQUIPMENT, ROOF, AND STRUCTURAL PORTIONS OF THE SAME, WHICH
RENOVATIONS MAY INCLUDE, WITHOUT LIMITATION, (I) INSTALLING SPRINKLERS IN THE
BUILDING COMMON AREAS AND TENANT SPACES, (II) MODIFYING THE COMMON AREAS AND
TENANT SPACES TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS, INCLUDING
REGULATIONS RELATING TO THE PHYSICALLY DISABLED, SEISMIC CONDITIONS, AND
BUILDING SAFETY AND SECURITY, AND (III) INSTALLING NEW FLOOR COVERING, LIGHTING,
AND WALL COVERINGS IN THE BUILDING COMMON AREAS, AND IN CONNECTION WITH ANY
RENOVATIONS, LANDLORD MAY, AMONG OTHER THINGS, ERECT SCAFFOLDING OR OTHER
NECESSARY STRUCTURES IN THE BUILDING, LIMIT OR ELIMINATE ACCESS TO PORTIONS OF
THE PROJECT, INCLUDING PORTIONS OF THE COMMON AREAS, OR PERFORM WORK IN THE
BUILDING, WHICH WORK MAY CREATE NOISE, DUST OR LEAVE DEBRIS IN THE BUILDING.
TO
THE EXTENT THAT SUCH RENOVATIONS AND LANDLORD'S ACTIONS DO NOT VIOLATE THE TCCS
OF ARTICLE 28 AND/OR THE LAST SENTENCE OF SECTION 1.1.3 OF THIS LEASE, TENANT
HEREBY AGREES THAT SUCH RENOVATIONS AND LANDLORD'S ACTIONS IN CONNECTION WITH
SUCH RENOVATIONS SHALL IN NO WAY CONSTITUTE A CONSTRUCTIVE EVICTION OF TENANT
NOR ENTITLE TENANT TO ANY ABATEMENT OF RENT.
LANDLORD SHALL HAVE NO
RESPONSIBILITY OR FOR ANY REASON BE LIABLE TO TENANT FOR ANY DIRECT OR INDIRECT
INJURY TO OR INTERFERENCE WITH TENANT'S BUSINESS ARISING FROM THE RENOVATIONS,
NOR SHALL TENANT BE ENTITLED TO ANY COMPENSATION OR DAMAGES FROM LANDLORD FOR
LOSS OF THE USE OF THE WHOLE OR ANY PART OF THE PREMISES OR OF TENANT'S PERSONAL
PROPERTY OR IMPROVEMENTS RESULTING FROM THE RENOVATIONS OR LANDLORD'S ACTIONS IN
CONNECTION WITH SUCH RENOVATIONS, OR FOR ANY INCONVENIENCE OR ANNOYANCE
OCCASIONED BY SUCH RENOVATIONS OR LANDLORD'S ACTIONS.
NOTWITHSTANDING ANYTHING
SET FORTH IN THIS SECTION 29.30 TO THE CONTRARY, LANDLORD SHALL PROVIDE TENANT
WITH FIVE (5) BUSINESS DAYS PRIOR NOTICE OF ANY RENOVATIONS AND SHALL USE
COMMERCIALLY REASONABLE EFFORTS TO MINIMIZE ANY INTERFERENCE WITH TENANT'S
BUSINESS CAUSED BY LANDLORD'S ACTIONS IN CONNECTION WITH SUCH RENOVATIONS.
29.31
NO VIOLATION.
TENANT AND LANDLORD EACH HEREBY WARRANT
AND REPRESENT THAT NEITHER ITS EXECUTION OF NOR PERFORMANCE UNDER THIS LEASE
SHALL CAUSE SUCH PARTY TO BE IN VIOLATION OF ANY AGREEMENT, INSTRUMENT,
CONTRACT, LAW, RULE OR REGULATION BY WHICH IT IS BOUND, AND EACH PARTY SHALL
PROTECT, DEFEND, INDEMNIFY AND HOLD THE OTHER HARMLESS AGAINST ANY CLAIMS,
DEMANDS,
64
LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES, INCLUDING, WITHOUT LIMITATION,
REASONABLE ATTORNEYS' FEES AND COSTS, ARISING FROM SUCH PARTY'S BREACH OF THIS
WARRANTY AND REPRESENTATION.