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requires, naming Landlord as insured and Tenant shall
deliver evidence of such insurance to Landlord prior to
Tenant’s commencing the Alterations. Should a
mechanic’s lien be filed against the Office and/or
Premises, for work done or claimed to have been done or
materials supplied for Tenant or to the Office, Tenant
shall pay or cause to be paid or file a bond in the amount
stated in the mechanic’s lien within thirty (30) days of said
filing at Tenant’s sole cost and expense. Any installation
of materials, fixtures and the like shall become the
property of Landlord upon such installation and shall
remain in the Office upon Tenant’s surrender of same.
However, Landlord may relinquish such right of
ownership to the installations by giving Tenant thirty (30)
days written notice prior to the Termination Date of such
relinquishment of ownership, in which event, they shall
become Tenant’s and must be removed upon the
Termination Date. Nothing herein is meant to give
Landlord any ownership rights in and to Tenant’s trade
fixtures, office furniture and equipment which can be
easily moved. Upon the Termination Date and surrender
of possession of the Office, Tenant shall remove all
personal property and installations to which Landlord’s
ownership interest has been relinquished and Tenant
shall immediately restore and repair the Office to that
condition existing on the Commencement Date. Any and
all property of Tenant remaining in the Office after the
Termination Date shall be deemed abandoned by Tenant
and Landlord may either retain such abandoned property
or may remove such abandoned property at Tenant’s
8. Maintenance and Repairs
Tenant shall maintain the Office in good condition.
Tenant shall be responsible for any and all damage to the
Office or any other part of the Premises resulting from
Tenant’s willful acts or negligence or the willful acts or
negligence of Tenant’s agents, employees, invitees or
licensees or which may arise from any work done by of
for Tenant or by Tenant’s business operations. Tenant
shall also be responsible for any damage to the Premises
caused by Tenant’s moving or removal of furniture,
fixtures and/or equipment. Tenant shall only use
contractor and/or sub-contractors for these repairs which
have been approved by Landlord in every instance. In
the event that Tenant fails or refuses to make said repairs
, Landlord may do so at Tenant’s expense which shall be
Additional Rent. Landlord shall maintain in proper order
and repair the exterior of the Premises as well as the
common areas and the utilities servicing the Premises.
Tenant shall give immediate notice to Landlord of any
defect or interruption of service or condition. The
responsibility of Tenant to pay Rent and Additional Rent
shall not be reduced or abated by reason of injury to
business or annoyance to employees of Tenant caused
by repairs, alterations or improvements to the Premises
or the Office. Likewise there shall be no liability on the
part of the Landlord for such injury or annoyance as
aforesaid. Should Landlord be in default under this
Paragraph or any other Paragraph of this lease, Tenant’s
only remedy is to sue Landlord for breach of this Lease.
9. Window Cleaning
Tenant will not clean or caused to be cleaned any
window in the Office from outside of the Office in violation
of any of the provisions of the Labor Law or any law,
provision or rule of any authority having jurisdiction
10. Damage, Fire or Other Casualty
In the case of fire damage or other damage to the
Office not caused by Tenant, its agents, servants,
employees, invitees and/or licensees, Tenant shall give
Landlord immediate notice of same. (a) If the Office is
partially damaged by fire or other casualty, Landlord shall
repair the damage and the Rent and Additional Rent shall
be apportioned from the day of the damage in relation to
the portion of the Office that has been rendered unusable
to the day that the Office has been repaired and is fully
usable. (b) If the Office is totally damaged and rendered
wholly unusable by fire or other casualty, Landlord has
the right to either repair the damages or terminate the
lease. (I) In the event that Landlord elects to repair the
damages, Rent and Additional Rent shall be abated for
the period of time from the date of occurrence of the
damage to the date that Landlord notifies Tenant that the
Office can be re-occupied; (ii) In the event that Landlord
elects to terminate this Lease, Landlord may do so upon
giving Tenant notice of his intent to do so within the
sooner of ninety (90) days of the occurrence of the
damages or thirty (30) days from the date that the
insurance claim is adjusted which notice shall set forth a
date on which the Lease shall expire, which date shall not
be more than sixty (60) days from the date of such notice
and upon which date this Lease shall terminate and all
obligations owed by Landlord and Tenant to each other
shall cease and all obligations due shall be paid from one
to the other. Should this Lease not be terminated,
Landlord shall make all repairs in an expeditious manner
subject to delays beyond the control of Landlord. Tenant
shall cooperate fully with Landlord after such damage is
incurred in all of Landlord’s reasonable requests to
remove undamaged items in the Office. Before making
claim against the other for damages as a result of fire or
other casualty, each party shall look first to their
respective insurance carrier. To the extent permitted by
law and by the respective insurance policies, Landlord
and Tenant hereby release and waive rights of discovery
with respect to the above against the other or any one
claiming through them. If this condition can only be
obtained by paying an additional premium, then the one
benefiting from such waiver shall pay the additional
premium upon ten (10) days written notice and the one
obtaining such insurance coverage is free from any other
obligation with respect to waiver of subrogation. Tenant
acknowledges that Landlord shall not be obligated to
carry any insurance for the benefit of Tenant with respect
to Tenant’s personal property, equipment, inventory or
the like and agrees that Landlord is not obligated to repair
any damage to them. The provisions of New York Real
Property Law Section 227 are waived by both parties and
the provisions of this Paragraph shall be controlling.
11. Loss, Damage, Indemnity
Landlord shall not be liable for any loss, damage or
expense to any person or property of Tenant or to
property of others given to employees of the Premises.
Landlord shall also not be liable for any theft of or by
other tenants or otherwise, nor for injury or damage to
persons or property resulting from any cause whatsoever,
unless due to the willful acts of Landlord, it agents,
servants and/or employees. Landlord shall not be liable
for damages caused by construction in or about the
Premises. Landlord shall not be liable for any damages
if the windows are permanently or temporarily closed,
darkened, covered and Tenant shall not be entitled to any
abatement or reduction in rent and Additional Rent as a
result thereby nor shall same be grounds for Tenant’s
claim of eviction nor shall Tenant be released from any of
the terms, conditions and provisions of this Lease.
Tenant shall indemnify and hold Landlord harmless from
all claims, liabilities, costs and expenses, including
attorneys’ fees, paid or incurred by Landlord as a result of
any default by Tenant of the terms, conditions and
provisions of this Lease for which Landlord is not covered
or paid by insurance. In the event that an action or
proceeding is brought against Landlord, Tenant, upon
written notice from Landlord, will, at Tenant’s sole cost
and expense, retain counsel approved by Landlord to
defend such action or proceeding.
12. Electricity
Tenant warrants that its use of electrical current will,
at all times, not exceed the current capacity of the
electrical service into the Premises, or the risers or wiring
installation. Tenant will not use or cause to be used
equipment which will overload the existing service and
installations or interfere with other tenants’ electrical
service. Any change in the character or nature of
electrical service to the Premise s and/or to the Office
shall not impose liability on the Landlord for any loss or
damage sustained by Tenant as a result thereof.
13. Occupancy
Tenant shall not, at any time, use or occupy the
Office in violation of or contrary to the permitted uses
contained in the Certificate of Occupancy for the
Premises and/or the Office. Tenant has fully inspected
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