USE AND OCCUPANCY OF THE DEMISED PREMISES.
SUBJECT TO AND IN
ACCORDANCE WITH ALL RULES, REGULATIONS, LAWS, AND ORDINANCES, STATUTES AND
REQUIREMENTS OF ALL GOVERNMENTAL AUTHORITIES, THE BOARD OF FIRE INSURANCE
UNDERWRITERS, AND LANDLORD'S INSURANCE CARRIER, TENANT SHALL USE THE DEMISED
PREMISES SOLELY AS PROVIDED FOR IN ARTICLE 1.4 AND FOR NO OTHER PURPOSE.
TENANT
WILL NOT USE THE DEMISED PREMISES IN ANY WAY THAT WOULD DISTURB OTHER TENANTS OF
THE CENTER.
A VACATION OF PREMISES OR CESSATION OF OPERATIONS BY TENANT IN THE
CENTER SHALL NOT IN ANY WAY RELEASE TENANT FROM ITS OBLIGATIONS UNDER THE
LEASE.
TENANT'S USE OF THE DEMISED PREMISES SHALL BE SUBJECT AT ALL TIMES AND
FROM TIME TO TIME TO THE RULES AND REGULATIONS ESTABLISHED BY LANDLORD, A
CURRENT COPY OF WHICH IS ATTACHED AS EXHIBIT "D" HERETO AND MADE A PART HEREOF.
3.3.
ENVIRONMENTAL REPRESENTATION.
TENANT WILL NOT STORE, TREAT,
DISPOSE OF, DISCHARGE, TRANSPORT OR PRODUCE "WASTE" (AS HEREINAFTER DEFINED) AT
THE DEMISED PREMISES OR AT THE CENTER.
AS USED HEREIN, THE TERM "WASTE" SHALL
MEAN ANY SUBSTANCE OR MATERIAL WHICH HAS BEEN DETERMINED BY ANY STATE, FEDERAL
OR LOCAL GOVERNMENTAL AUTHORITY TO BE CAPABLE OF POSING A RISK OF INJURY TO
HEALTH, SAFETY OR PROPERTY, INCLUDING ALL OF THOSE MATERIALS AND SUBSTANCES
DESIGNATED AS HAZARDOUS OR TOXIC BY THE CITY OR COUNTY IN WHICH THE DEMISED
PREMISES ARE LOCATED, THE U.S.
ENVIRONMENTAL PROTECTION AGENCY, THE CONSUMER
PRODUCT SAFETY COMMISSION, THE FOOD AND DRUG ADMINISTRATION, OR ANY OTHER
GOVERNMENTAL AGENCY NOW OR HEREAFTER AUTHORIZED TO REGULATE MATERIALS AND
SUBSTANCES IN THE ENVIRONMENT.
TENANT COVENANTS AND AGREES THAT TENANT WILL BE
AND WILL REMAIN IN FULL COMPLIANCE WITH ALL APPLICABLE LAWS GOVERNING USE AND
OCCUPANCY OF THE DEMISED PREMISES INCLUDING, WITHOUT LIMITATION, THE
MANUFACTURING, TREATMENT, STORAGE, DISPOSAL, DISCHARGE, USE, AND TRANSPORTATION
OF WASTE, AND ANY WASTE REGULATED UNDER ANY LOCAL, STATE OR FEDERAL LAW.
7
3.4.
LIABILITY.
THE PARTIES HERETO AGREE THAT THE TENANT, ITS
AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL NOT BE
LIABLE FOR ANY COST OR EXPENSE OF ANY KIND OR NATURE IN CONNECTION WITH OR
ARISING OUT OF THE DISCHARGE OR RELEASE OF ANY WASTE AT THE DEMISED PREMISES OR
THE CENTER WHICH HAS OCCURRED (IF ANY) PRIOR TO THE DATE OF THIS LEASE, UNLESS
SUCH DISCHARGE OR RELEASE WAS CAUSED BY THE TENANT.
3.5.
USE, CONDITION AND OPERATION OF THE COMMON AREA.
TENANT
ACKNOWLEDGES THAT IT HAS INSPECTED THE COMMON AREA OF THE CENTER.
TENANT
FURTHER ACKNOWLEDGES THAT LANDLORD HAS NOT MADE AND DOES NOT HEREBY MAKE ANY
REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE COMMON AREA OF THE CENTER.
ALL COMMON AREA MADE AVAILABLE BY LANDLORD, IN OR ABOUT THE CENTER, SHALL BE
SUBJECT TO THE EXCLUSIVE CONTROL AND MANAGEMENT OF LANDLORD, WITHOUT LIMITATION,
THE RIGHT TO ERECT AND INSTALL WITHIN THE COMMON AREA ANY OBJECT OR BUILDING OR
ANY OTHER INSTALLATION.
TENANT IS HEREBY GIVEN A LICENSE (IN COMMON WITH ALL
OTHERS TO WHOM LANDLORD HAS OR MAY HEREAFTER GRANT RIGHTS) TO USE, DURING THE