Common use of Adjacent Excavation Clause in Contracts

Adjacent Excavation. 35. If an excavation shall be made upon land adjacent to the demised premises, or shall be authorized to be authorized to cause such excavation, license to enter upon the demised premises for the purpose of doing such work as said person shall deem necessary to preserve the wall or the building of which demised premises form a part from injury or damage and to support the same by proper foundations without any claim for damages or indemnity against Owner, or diminution or abatement of rent. Rules and 36. Tenant and Tenant's servants, employees, Regulations: agents, visitors, and licensees shall observe faithfully, and comply strictly with, the Rules and Regulations annexed hereto and such other and further reasonable Rules and Regulations as Owner or Owner's agents may from time to time adopt. Notice of any additional rules or regulations shall be given in such manner as Owner may elect. In case Tenant disputes the reasonableness of any additional Rule or Regulation hereafter made or adopted by Owner or Owner's agents, the parties hereto agree to submit the question of the reasonableness of such Rule or Regulation for decision in the New York office of the American Arbitration Association, whose determination shall be final and conclusive upon the parties hereto. The right to dispute the reasonableness of any additional Rule or Regulation upon Tenant's part shall be deemed waived unless the same shall be asserted by service of a notice, in writing upon Owner within ten (10) days after the giving of notice thereof. Nothing in this lease contained shall be construed to impose upon Owner any duty or obligation to enforce the Rules and Regulations or terms, covenants or conditions in any other lease, as against any other tenant and Owner shall not be liable to Tenant for violation of the same by any other tenant, its servants, employees, agents, visitors or licensees.

Adjacent Excavation. 35Shoring 34. If an excavation shall be made upon land adjacent to the demised premises, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter upon the demised premises for the purpose of doing such work as said person shall deem necessary to preserve the wall or the building of which demised premises form a part from injury or damage and to support the same by proper foundations without any claim for damages or indemnity against OwnerLandlord, or diminution or abatement of rent. Rules and 36Regulations 35. Tenant and Tenant's servants, employees, Regulations: agents, visitors, and licensees shall observe faithfully, and comply strictly with, the Rules and Regulations annexed hereto and such other and further reasonable Rules and Regulations as Owner Landlord or OwnerLandlord's agents may from time to time adopt. Notice of any additional rules or regulations shall be given in such manner as Owner Landlord may elect. In case Tenant disputes the reasonableness of any additional Rule or Regulation hereafter made or adopted by Owner Landlord or OwnerLandlord's agents, the parties hereto agree to submit the question of the reasonableness of such Rule or Regulation for decision in to the New York office of the American Arbitration Association, whose determination shall be final and conclusive upon the parties hereto. The right to dispute the reasonableness of any additional Rule or Regulation upon Tenant's part shall be deemed waived unless the same shall be asserted by service of a notice, in writing upon Owner Landlord within ten (10) days after the giving of notice thereof. Nothing in this lease contained shall be construed to impose upon Owner Landlord any duty or obligation to enforce the Rules and Regulations or terms, covenants or conditions in any other lease, as against any other tenant Tenant and Owner Landlord shall not be liable to Tenant for violation of the same by any other tenant, its servants, employees, agents, visitors or licensees.

Adjacent Excavation. 35Shoring:35. If an excavation shall be made upon land adjacent to the demised premises, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavationexcavations, a license to enter upon the demised premises for the purpose of doing such work as said person shall deem deemed necessary to preserve the wall or the building building, of which demised premises form from a part part, from injury or damage damaged, and to support and the same by proper foundations foundations, without any claim for damages or indemnity against Owner, or diminution or abatement of rent. Rules and Regulations: 36. Tenant and Tenant's ’s servants, employees, Regulations: agents, visitors, and licensees shall observe faithfully, and comply strictly with, with the Rules rules and Regulations regulations annexed hereto and such other and further reasonable Rules rules and Regulations regulations as Owner or of Owner's agents ’s agent may from time to time adopt. Notice of any additional rules Rules or regulations Regulations shall be given in such manner as Owner may electaccordance with notice provisions of this lease. In case Tenant disputes the reasonableness of any additional Rule or Regulation Regulations hereafter made or adopted by Owner or Owner's ’s agents, the parties hereto here to agree to submit the question of the reasonableness of such Rule Rules or Regulation Regulations for decision in to the New York office of the American Arbitration Association, whose determination shall be final and conclusive upon the parties hereto. The right to dispute the reasonableness of any additional Rule Rules or Regulation Regulations upon Tenant's ’s part shall be deemed waived unless the same shall be asserted by service of a notice, in writing writing, upon Owner within ten Owner, with in fifteen (1015) days after the giving of notice thereof. Nothing in this lease leave contained shall be construed to impose upon Owner any duty or obligation to enforce the Rules and Regulations or terms, covenants or conditions in any other lease, as against any other tenant and Owner shall not be liable to Tenant for violation of the same by any other tenant, its it’s servants, employees, agents, visitors or licensees. Notwithstanding the forgoing, Owner covenants and agrees that it will not enforce any rules and regulations in a manner designed to unfairly discriminate against Tenant. Glass:37. Owner shall replace, at the expense of Tenant, any and all plate and other glass damaged or broken from any cause whatsoever in and about the demised premises Owner may assure, and keep insured at Tenant’s expense, all plate and other glass in the demised premises for and in the name of Owner. Bills for the premiums therefore shall be rendered by Owner to Tenant at such times as Owner may elect, and shall be due from and payable by Tenant when rendered and the amount thereof shall be deemed to be, and be paid as, additional rent. Estopped Certificate:38. Tenant, at any time, and from time to time, shall execute, acknowledge and deliver to Owner, and or to any other person, firm or corporation specified by Owner, a statement Certifying that this lease is unmodified and in full force and effect( or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), stating the dates to which the rent and additional rent have been paid , stating whether or not there exists any default by Owner under this lease, and if so, specifying each such default and such other information as shall be required reasonably.

Adjacent Excavation. Shoring: 35. If an excavation shall be made upon land adjacent to the demised premises, or shall be authorized to be be made, Tenant shall afford to the person causing or authorized to cause such excavation, a license to enter upon the demised premises for the purpose of doing such work as said person shall deem necessary to preserve the wall or the building building, of which demised premises form a part part, from injury or damage damage, and to support the same by proper foundations foundations, without any claim for damages or indemnity against Owner, or diminution or abatement of rent. Rules and Regulations: 36. Tenant and Tenant's ’s servants, employees, Regulations: agents, visitors, and licensees shall observe faithfully, and comply strictly with, with the Rules and Regulations annexed hereto and such other and further reasonable Rules and Regulations as Owner or Owner's agents ’s agent may from time to time adopt. Notice of any additional rules Rules or regulations Regulations shall be given in accordance with the notice provisions of this lease. in such manner as Owner may elect. In case Tenant disputes the reasonableness of any additional Rule Rules or Regulation Regulations hereafter made or adopted by Owner or Owner's ’s agents, the parties hereto agree to submit the question of the reasonableness of such Rule Rules or Regulation Regulations for decision in to the New York office of the American Arbitration Association, whose determination shall be final and conclusive upon the parties hereto. The right to dispute the reasonableness of any additional Rule Rules or Regulation Regulations upon Tenant's ’s part shall be deemed waived unless the same shall be asserted by service of a notice, in writing writing, upon Owner Owner, within ten fifteen (1015) days after the giving of notice thereof. Nothing in this lease contained shall be construed constructed to impose upon Owner any duty or obligation to enforce the Rules and Regulations or terms, covenants or conditions in any other lease, as against any other tenant tenant, and Owner shall not be liable to Tenant for violation of the same by any other tenant, its servants, employees, agents, visitors or licensees. Notwithstanding the foregoing, Owner covenants and agrees that it will not enforce any rules and regulations in a manner designed to unfairly discriminate against Tenant.