Common use of Compliance With Laws And Restrictions Clause in Contracts

Compliance With Laws And Restrictions. Tenant shall comply throughout the Term with all orders, ordinances, regulations and laws of the municipal corporation and other governmental authorities that are applicable to the Premises and/or Tenant's use of the Premises, whether requiring alterations or improvements of a capital nature or otherwise, and with all applicable deed and other restrictions; provided, however, that if a Uniform Mandatory Change (as hereinbelow defined) shall occur during the Term of this Lease, then (i) Tenant shall give Landlord prompt written notice of such Uniform Mandatory Change, (ii) Landlord will proceed with reasonable diligence after receipt of such notice to design, finance (at Landlord’s option), permit and construct or install the capital improvement required by the Uniform Mandatory Change, and (iii) from and after the date of Landlord’s substantial completion of the capital improvement work required by the Uniform Mandatory Change, the monthly Base Rental hereunder shall be automatically increased by an amount equal to the total cost of such capital improvement work incurred by Landlord divided by the number of months in the useful life of such improvement as reasonably determined by Landlord, but in any event not longer than the remaining useful life of the building for purposes of GAAP, or the actual practical remaining useful life if shorter. Landlord shall not be liable or responsible in any manner for reasonably necessary disruption to Tenant’s business operations at the Premises on account of the performance of the Uniform Mandatory Change, and under no circumstance shall any work by Landlord or its contractor(s) on any Uniform Mandatory Change ever give rise to an abatement of rent or a right on the part of Tenant to terminate this Lease. At Landlord’s option, Landlord may require that Tenant (after Landlord’s reasonable approval of plans therefor) make the alteration or improvement required by the Uniform Mandatory Change and reimburse Tenant for such work upon Tenant’s completion thereof in a good and workmanlike manner, in compliance with all laws, and lien free for the required mechanic’s or materialmen’s lien claim or filing period (but subject to the increase in Base Rental the same as provided above for the situation in which Landlord makes such alteration or improvement by its own contractors). For purposes hereof, a “Uniform Mandatory Change” means (A) a capital improvement that is required to be made to the Premises to comply with new legal requirement as to which compliance of the Premises is mandatory, if (B) the new legal requirement is of uniform applicability to all similar buildings in the same jurisdiction, and not a requirement that is peculiar to Tenant’s particular use, industry, products or operations. Notwithstanding the foregoing, however, upon receipt of a notice from Tenant that a Uniform Mandatory Change is required to the Premises, Landlord may contest the applicability of such law to the Premises by whatever means Landlord determines to be appropriate, and to whatever level of appeal, and only comply therewith upon final judgment adverse to Landlord’s position, so long as Tenant’s use and occupancy of the Premises for its operations consistent with the permitted use herein are not materially disrupted or interfered with during the pendancy of such protest or contest of such law by Landlord. Tenant shall further comply with any licensing or permitted requirements applicable to the operation of its specific business (“Business Licenses”), the cost and availability of which and requirements for which are not warranted or represented by Landlord in any respect. Tenant is responsible for having verified that the regulations and restrictions affecting the Premises permit its use and any other desired Permitted Use by Tenant. The Permitted Use shall be subject to any and all other specific restrictions on use stated elsewhere in this Lease, and all risk of obtaining Business Licenses and compliance with regulations and restrictions are Tenant’s sole risk.

Compliance With Laws And Restrictions. Tenant shall comply throughout the Term with all orders, ordinances, regulations and laws of the municipal corporation and other governmental authorities that are applicable to the Premises and/or Tenant's use of the Premises, whether requiring alterations or improvements of a capital nature or otherwise, and with all applicable deed Restrictions. Tenant, at its expense, shall comply with all orders and other restrictionsrequirements imposed by governmental authorities during the Term of this Lease; provided, however, that if a Uniform Mandatory Change (as hereinbelow defined) shall occur during the Term of this Lease, then (i) Tenant shall give Landlord prompt written notice of such Uniform Mandatory Change, (ii) Landlord will proceed with reasonable diligence after receipt of such notice to design, finance (at Landlord’s 's option), permit and construct or install the capital improvement required by the Uniform Mandatory Change, and (iii) from and after the date of Landlord’s 's substantial completion of the capital improvement work required by the Uniform Mandatory Change, the monthly Base Rental hereunder shall be automatically increased by an amount equal to the total cost of such capital improvement work incurred by Landlord divided by the number of months in the useful life of such improvement as reasonably determined by Landlord, but in any event not longer than the remaining useful life of the building Building for purposes of GAAP, or the actual practical remaining useful life if shorter. Landlord shall not be liable or responsible in any manner for reasonably necessary disruption to Tenant’s 's business operations at the Premises on account of the performance of the Uniform Mandatory Change, and under no circumstance shall any work by Landlord or its contractor(s) on any Uniform Mandatory Change ever give rise to an abatement of rent or a right on the part of Tenant to terminate this Lease; provided, however, that if Landlord's INITIALS OF INITIALS OF LANDLORD'S REPRESENTATIVE: TENANT'S REPRESENTATIVE: ------ ------ contractor performing such work is causing a material level of interference with Tenant's use of a material part of the Premises as a result of unnecessary disruptive activity in connection with such work ("UNNECESSARY MATERIAL DISRUPTION") and Tenant notifies Landlord in writing of the occurrence of such Unnecessary Material Disruption and the specific nature thereof, and Landlord fails to cause the complained of Unnecessary Material Disruption to be discontinued within two (2) business days of its receipt of Tenant's notice, then Tenant shall be entitled, as its sole remedy, to a damage claim against Landlord for the amount of rent that was paid for the portion of the Premises the reasonable use of which was denied to Tenant as a result thereof for the period that Unnecessary Material Disruption continued, provided that Tenant notifies Landlord in writing at least every 14 days during the continuance thereof that the Unnecessary Material Disruption is continuing. At Landlord’s 's option, Landlord may require that Tenant (after Landlord’s 's reasonable approval of plans therefor) make the alteration or improvement required by the Uniform Mandatory Change and reimburse Tenant for such work upon Tenant’s 's completion thereof in a good and workmanlike manner, in compliance with all laws, and lien free for the required mechanic’s 's or materialmen’s 's lien claim or filing period (but subject to the increase in Base Rental the same as provided above for the situation in which Landlord makes such alteration or improvement by its own contractors). For purposes hereof, a “Landlord agrees that if Landlord wrongfully fails to promptly reimburse Tenant for the reasonable cost incurred by Tenant in making any Uniform Mandatory Change” means (A) a capital improvement that , Tenant may withhold Base Rental and any Additional Rent until the amount of Base Rental and Additional Rent withheld is required to be made equal to the Premises to comply with new legal requirement as to which compliance of the Premises is mandatory, if (B) the new legal requirement is of uniform applicability to all similar buildings in the same jurisdiction, and not a requirement payment that is peculiar to Tenant’s particular use, industry, products or operationsshould have been made by Landlord. Notwithstanding the foregoing, however, upon receipt of a notice from Tenant that a Uniform Mandatory Change is required to the Premises, Landlord may contest the applicability of such law to the Premises by whatever means Landlord determines to be appropriate, and to whatever level of appeal, and only comply therewith upon final judgment adverse to Landlord’s 's position, so long as Tenant’s 's use and occupancy of the Premises for its operations consistent with the permitted use herein are not materially disrupted or interfered with during the pendancy of such protest or contest of such law by Landlord. Tenant shall further comply with any licensing or permitted requirements applicable to the operation of its specific business (“Business Licenses”), the cost and availability of which and requirements for which are not warranted or represented by Landlord in any respect. Tenant is responsible for having verified that the regulations and restrictions affecting the Premises permit its use and any other desired Permitted Use by Tenant. The Permitted Use shall be subject to any and all other specific restrictions on use stated elsewhere in this Lease, and all risk of obtaining Business Licenses and compliance with regulations and restrictions are Tenant’s sole risk.