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the Office and is accepting the Office in its “as is”
condition subject to any work to be performed by either
party to this Lease on the Rider annexed hereto and
designated Rider _______. Tenant has performed “due
diligence” with respect to the Premises and accepts the
Office subject to any and all violations, whether same are
of record or not. Landlord makes no representations as
to the condition of the Office except as specifically set
forth herein and on the Rider to this Paragraph, if any.
14. Landlord’s Alterations and Management
Landlord has the right to change the arrangement
and/or location of entrances, hallways, passageways,
doorways, doors, elevators, stairs or any other part of the
Premises used by the general public, including toilets,
and to change the name and/or number of the Premises.
In the event that Landlord so changes as aforesaid, the
same shall not constitute an eviction nor imposes any
liability on Landlord for such election. Rent and
Additional Rent shall not be diminished or abated in such
event as a result of any inconvenience, annoyance or
injury to Tenant’s business and Landlord shall have o
liability therefore. Landlord may impose rules for the
access to the Premises by Tenant’s social or business
guests as Landlord deems proper and necessary for the
security of the Premises and Tenant shall not have any
claim against Landlord for any damages resulting
therefrom.
15. Condemnation
If the whole or any part of the Premises and/or
Office is taken by condemnation or otherwise by any
governmental authority for public or quasi-public use, this
Lease shall be terminated as of the date that title is
vested pursuant to said proceeding and Tenant shall not
have nay claim for the value of the remaining portion of
this Lease and Tenant assigns to Landlord Tenant’s
interest in any award. Nothing contained herein shall
prevent Tenant from making an independent claim to the
authority for allowable expenses.
17. Legal Requirements, Insurance, Floor Capacity
Tenant shall, at its sole cost and expense, at all
times under this Lease or prior to the Commencement
Date if Tenant is in possession of the Office as provided
herein, comply promptly with all laws, regulations and
orders of all municipalities and their agencies having
jurisdiction over the Premises and Office including, but
not limited to fire and or insurance offices which shall
impose any violation or notice of violation or affirmative
obligation upon Landlord and or the Premises, whether or
not concerning Tenant’s use of the Office or the
Premises. Tenant shall not be required to make any
structural alterations and/or repairs unless Tenant, as a
result of Tenant’s unauthorized uses and/or operations of
business, violated such laws, regulations and/or rules.
Tenant may appeal or object to such violations, fines etc.
provided Tenant has, in Landlord’s sole judgment,
secured Landlord with respect to same by either deposit
of sufficient monies or by a surety bond in an amount and
by a company satisfactory to Landlord, for all damages,
penalties, expenses and interest, including reasonable
attorneys’ fees provided same does not subject Landlord
to criminal liability or create a default under any lease
and/or mortgage of Landlord’s and does not result in a
condemnation or eviction, in whole or in part. Such
appeal or objection by Tenant must be undertaken in an
expeditious manner and at no cost to Landlord. Tenant
shall do or cause to be done any act contrary to all laws,
rules and regulations or which would violate any provision
of Landlord’s policies of insurance or which would subject
Landlord to liability to any person or entity for personal
and/or property damages. Tenant shall not keep any
substance in the Office which is in violation of any law,
rule and/or regulation which would result in a cancellation
of Landlord’s policies of insurance. Tenant shall not use
the Office in such a manner that the premiums for
Landlord’s policies of insurance would be increased over
that rate in effect at the time the Tenant obtains
possession of the Office. Any cost, expense, fine,
damages and/or penalties incurred by Landlord as a
result of Tenant’s violation of any provision in this
Paragraph shall be borne by Tenant and shall be paid by
Tenant as Additional Rent. In any action or proceeding,
the schedule of premiums issued by Landlord’s insurance
carrier shall be conclusive evidence of the rate therefore.
Tenant shall place a load on the floor of the Office
contrary to the maximum floor area load permitted by law
and the certificate of occupancy. The placement of
heavy machines, mechanical equipment and/or office
equipment shall be approved by Landlord and shall be
placed in such manner, in Landlord’s sole judgment, by
Tenant to avoid and prevent vibrations, noise and
annoyance to other tenants.
17. No Mortgage or Assignment
Tenant shall not assign, mortgage and/or encumber
this Lease or sublet the Office or allow the Office to be
used by anyone other than Tenant without the prior
written consent of Landlord. The transfer of the majority
interest in Tenant shall be deemed an assignment for
purposes of this Paragraph. Should this Lease be
assigned or the Office sublet or used by anyone other
than Tenant without Landlord’s written consent, Landlord
may collect rent from the persons or entity so occupying
and using the Office should Tenant default in the
payment of Rent and Additional Rent but such collection
by Landlord shall not be deemed a waiver of the
provisions of this Paragraph or a consent to such
assignment, sublet or use or a release of Tenant’s
obligations under this Lease. Any consent given by
Landlord to Tenant under this Paragraph in one instance
shall not act to be a consent or waiver of Landlord’s rights
in another.
18. No Other Space
Tenant is afforded no other rights to use any space
in the Premises other than the Office.
19. Tenant’s Defaults
A. If there is a default by Tenant under the terms of
this Lease, other than the obligation to pay Rent and
Additional Rent, or Tenant vacates the Office prior to the
Termination Date, or if an execution has been issued
against the property of Tenant or Tenant whereby the
Office is used and/or occupied by someone other than
Tenant, or if this Lease be rejected in a Bankruptcy
proceeding, or should Tenant not take possession of the
Office with thirty (30) days from the Possession Date, the
Landlord, upon fifteen (15) days prior written notice to
Tenant which sets forth Tenant’s default(s) and should
Tenant fail to completely cure said specified default(s)
within said fifteen (15) days, or if the default(s), by its
nature cannot be cured within said fifteen (15) days or
should Tenant fail to undertake with diligent effort to cure
the default(s) within said fifteen (15) days, then , in such
event, Landlord may serve upon Tenant, a written five (5)
day notice canceling this Lease and Tenant, at the end of
said five (5) days shall vacate and surrender the Office
and Tenant shall continue to remain liable as set forth
under this Lease.
B. If Tenant shall be in default in the payment of
Rent and/or Additional Rent, or if the notice given
pursuant to “A” hereinabove has expired or if Tenant is in
default in payment of any other matter for which Tenant is
liable to pay, then Landlord, without notice, (the giving of
notice is hereby expressly waived by Tenant), may re-
enter the Office, by force or otherwise, and dispossess
Tenant or other occupant, by any lawful manner, and
remove their possessions and retake the Office. Tenant
expressly waives the right to receive notice of such re-
entry by Landlord and agrees that Landlord shall not be
responsible for any damage sustained to the property of
Tenant or other occupant. If their be an extension or
renewal of this Lease and Tenant shall default under any
term, condition and/or provision of this Lease, Landlord
may cancel such renewal or extension upon three(3)
days prior written notice to Tenant.
20. Bankruptcy
A. This Lease may be cancelled upon Landlord’s
prior ten (10) day written notice to Tenant if there be
commenced a case, whether voluntary or involuntary, by
or against Tenant or any other person or entity occupying
the Office, in a bankruptcy court in any State, or if Tenant
or any other person or entity occupying the Office, should
make an assignment for the benefit of creditors under
any law. Upon such event, Tenant or any other occupant
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