<br />and/or any amendments or successor statutes thereof. applicable to the Premises. Tenant agrees to
<br />indemnify, defend, and hold landlord harmless from any and all expense, liabilities. costs or damages
<br />suffered by Landlord as a result of additional obligations which may be im posed on the Prem ises under either
<br />of such acts by virtue of Tenant's operations. Tenant acknowledges that it will be wholly responsible for any
<br />accommodations or alterations which need to be made to the Prem ises to accommodate disabled employees
<br />and customers of Tenant. No provision in this Lease should be construed in any manner as permitting,
<br />consenting to, or authorizing Tenant to violate requirements under either such act, and any provisions of the
<br />lease which could arguably be construed as authorizing a violation of either act shall be interpreted in a
<br />manner which permits compliance with such act and is hereby amended to permit such compliance.
<br />Section 7.6 TENANT EXPRESSLY UNDERSTANDS AND AGREES THAT TENANT SHALL BEAR
<br />SOLE RESPONSIBILITY FOR THE SECURITY OF THE PREMISES AND DESIGNATED PARKING AREA,
<br />AND FOR THE SECURITY OF TENANT'S AGENTS, INVITEES, CUSTOMERS, VISITORS, AND ALL
<br />OTHER PERSONS WHOSOEVER WHO COME ON ORABOUT THE PREMISES. LANDLORD WILL NOT
<br />BE OBLIGATED TO PROVIDE SECURITY PERSONNEL, SECURITY LIGHTING, OR ANY OTHER FORM
<br />OF SECURITY FOR THE PREMISES, If Landlord. in its sole discretion, elects to provide security services,
<br />such action shall not constitute a waiver of this Section and the cost of such security services shall be included
<br />within Maintenance Costs.
<br />
<br />ARTICLE 8. UTILITIES
<br />Section 8.1 Tenant shall promptly pay all charges for electricity, water, gas, telephone service, sewage
<br />service and other utilities furnished to the Premises, including any charges for utilities on landlord's meters,
<br />which shall be apportioned in a manner deemed fair and reasonable by Landlord (Other Periodic Charges).
<br />In the event Tenant fails to reimburse Landlord for any Other Periodic Charges within thirty (30) days of billing,
<br />Landlord may, in addition to any other remedies herein, interrupt utility service to Tenant. landlord shall not
<br />be liable for any interruption whatsoever in utility services.
<br />
<br />ARTICLE 9. ALTERATIONS
<br />Section 9.1 Tenant shall not make any alterations, additions or improvements to the Premises without
<br />the prior written consent of Landlord. except for the installallon of unattached movable trade fixtures which
<br />may be installed without drilling, cutting or otherwise defacing the Premises. All alterations, additions.
<br />improvements and fixtures (other than Tenant's unattached movable trade fixtures) which may be made or
<br />installed by either party upon the Premises shall remain upon and be surrendered with the Premises and
<br />become the property of Landlord at the termination of this lease, unless Landlord requests their removal in
<br />which event Tenant shall remove the same and restore the Premises to their original condition at Tenant's
<br />expense.
<br />Section 9.2 All construction and removal work byTenantwithin the Premises shall be performed in a good
<br />and workmanlike manner, in compliance with all governmental requirements, laws, ordinances, orders or
<br />regulations affecting the Premises or the removal of any substances therefrom, and in full compliance with
<br />Article 28 hereof. Tenant agrees to indemnify and hold Landlord harmless from and against any and all claims,
<br />demands, losses, liabilities. damages, costs, fines or penalties resulting from or arising in connection with the
<br />performance of such work.
<br />
<br />ARTICLE 10. TENANTS FIXTURES
<br />Section 10.1 Tenant may place or install in the Premises Tenant's business fixtures and related furnishings
<br />and equipment that are not in the nature of a leasehold improvement, including but not limited to counters,
<br />shelving, floor fixtures, display cases, office furniture and safes. and shall remove same upon the expiration
<br />or termination of this Lease; provided, however, that Tenant, at Tenant's own cost and expense, shall repair
<br />any and all damage to the Premises resulting from or caused by such installation or removal.
<br />
<br />ARTICLE 11. TENANTS STORE FRONT AND SIGNS
<br />Section 11.1 Except as hereinafter expressly provided, Tenant shall not, without Landlord's prior written
<br />c:onse~t (a) ma~e any changes to the stofe front or (b) install any decorations or advertising media of any type
<br />(l~cl~~lOg ~nythlOg within the Premises t~at can be viewed from the exterior of the Premises), excepting only
<br />dIgnified dIsplays of customary type for Its display windows, which have been approved by Landlord.
<br />Section 11.2 All signs, lettering, placards, decorations and advertising media shall conform in all respects
<br />to sign criteria (Sign Criteria) established by Landlord from time to time in the exercise of its sole discretion,
<br />and shall be subject to the prior written approval of landlord as to construction, method of attachment size
<br />shape, height. lighting, color and general appearance. Tenant shall not place or allow to be used any portabl~
<br />and/?r trailer signs anywhere within the Premises or adjacent streets or alleys.
<br />Section 11.3 All signs shall be kept in first-class condition and in proper operating order at all times, and
<br />shall be removed by Tenant upon the expiration or termination of this Lease.
<br />Se.cti~n 11.4 Tenant agree~ to install, prior to the Commencement Date, a sign conforming to the Sign
<br />~nt~na on the frontofthe Premises. Landlord may amend the Sign Criteria. and Tenantwill modify or replace
<br />Its signs as necessary to comply with any amended Sign Criteria.
<br />
<br />ARTICLE 12. LANDLORDS RIGHT OF ACCESS: USE OF ROOF
<br />
<br />Page -5-
<br />
<br />/J#
<br />
|