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<br />Section 12.1 Landlord shall have the right to enter upon the Premises at any time for the purpose of <br />inspecting the same, or of making repairs to the Premises, or of making repairs, alterations or additions to the <br />adjacent premises, or of showing the Premises to prospective purchasers, lessees or lenders. <br />Section 12.2 Tenant will permit landlord to place and maintain "For Rent" or "For lease" signs in and <br />about the Premises during the last ninety (90) days of the Term. <br />Section 12.3 Use of the roof and air space above the Premises is reserved exclusively to landlord. <br />Section 12.4 Neither Tenant nor any employee or invitee of any Tenant shall go upon the roof of the <br />Premises except forthe sole purpose of servicing its air conditioning units or rooftop equipment; provided that <br />this paragraph does not authorize Tenant to install any roof top equipment without the prior written consent <br />of Landlord. In the event the installation or servicing of any roof top equipment (including air conditioning) <br />requires a roof penetration, Tenant will pay the cost of a post-installation or post-servicing inspection by <br />landlord'S roofing contractor and will pay the cost of any repairs which landlord's roofing contractor <br />determines are required by reason of such installation or servicing. <br /> <br />ARTICLE 13. DAMAGES BY CASUALTY <br />Section 13.1 Tenantshall give immediate written notice to Landlord of any damage caused to the Premises <br />by fire or other casualty. <br />Section 13.2 In the event the Premises shall be damaged or destroyed by fire or other casualty insurable <br />under standard fire and extended coverage insurance and Landlord does not elect to term inate this Lease as <br />hereinafter provided, Landlord shall proceed with reasonable diligence and at its sole cost and expense to <br />rebuild and repair the Premises. In the event (a) the Premises are destroyed or substantially damaged by a <br />casualty not covered by landlord's insurance, or (b) the holder of a mortgage, deed of trust or other lien on <br />the Premises at the time of the casualty elects, pursuant to such mortgage, deed of trust or other lien, to <br />require the use of all or part of Landlord's insurance proceeds in satisfaction of all or part of the indebtedness <br />secured by the mortgage, deed of trust or other lien, then Landlord may elect either to terminate this Lease <br />or to proceed to rebuild and repair the Premises. landlord shall give written notice to Tenant of such election <br />within sixty (60) days after the occurrence of such casualty and, if it elects to rebuild and repair, shall proceed <br />to do so with reasonable diligence. <br />Section 13.3 landlord's obligation to rebuild and repair under this Article shall in any event be limited to <br />restoring the Premises to substantially the condition in which the same existed prior to such casualty. <br />exclusive of any alterations, additions, improvements, fixtures and equipment installed by Tenant. Tenant <br />agrees, promptly after completion of such work by Landlord, to proceed with reasonable diligence and at <br />Tenant's sole cost and expense to restore, repair and replace all alterations, additions, improvements, fixtures, <br />signs and equipment installed by Tenant and to reopen for business in the Premises. <br />Section 13.4 Tenant agrees that during any period of reconstruction or repair of the Premises it will <br />continue the operations of its business within the Premises to the extent practicable. During the period from <br />the occurrence of the casualty until Landlord's repairs are completed, the Base Rent shall be reduced to such <br />extent as may be fair and reasonable under the circumstances; however, there shall be no abatement of the <br />Additional Rent provided for herein. <br /> <br />ARTICLE 14. NON-LIABILITY FOR CERTAIN DAMAGES <br />Section 14.1 landlord and Landlord's agents and employees shall not be liable to Tenant for any injury to <br />person or damage to property caused by the Premises becoming out of repair or by defect or failure of any <br />structural element of the Premises or of any equipment, pipes or wiring, or broken glass, or by the backing <br />up of drains, or by gas, water, steam, electricity or oil leaking, escaping or flowing into the Prem ises (except <br />where due to Landlord's willful failure to make repairs required to be made hereunder, after the expiration of <br />a reasonable time after written notice to landlord of the need for such repairs, and then only to the extent <br />landlord Is insured for such loss), nor shall landlord be Hable to Tenant for any loss or damage that may be <br />occasioned by or through the acts or omissions of any other persons whomsoever, excepting only duly <br />authorized employees and agents of Landlord. <br />Section 14.2 Landlord shall not be liable to Tenant for losses due to theft, vandalism or burglary. or for <br />damages or injuries done by unauthorized persons to the Premises or to any person or property located in, <br />upon, or adjacent to the Premises. <br /> <br />ARTICLE 15. ASSIGNMENT AND SUBLETTING <br />Section 15.1 Tenant may sublet the Premises or any part thereof with written notice to Landlord, provided <br />that such sublease is made expressly subject to the terms of this Lease. Tenant shall not otherwise assign <br />or in any manner transfer this Lease or any estate or interest therein, or sublet the Premises or any part <br />thereof, collaterally or otherwise, or grant any license, concession or other right of occupancy of any portion <br />of the Premises without the prior written consent of Landlord. Consent by Landlord to one or more <br />assi~nments shall not ope.rate as a waiver of landlord's rights as to any subsequent assignments. <br />Section 15.2 If Tenant IS a ?orporation, partnership or other business entity. and if at any time during the <br />Term or any rene~al or extension thereof the owners of a majority of the ownership interests in Tenant at the <br />time of the execu~lon of thiS Lease cease to own a majority of such ownership interests (except as the result <br />of tr':ln~fer by deVise or descent): ho~soever same may be brought about (including, by way of example but <br />not Ilmltatlon, a merger or consolldatton), the cessation of ownership of a majority of such ownership interests <br /> <br />Page -6- <br /> <br />J# <br />