Other General Use Covenants. 4.2.1 Tenant shall not commit or allow to be committed any waste upon the Premises, nor any public or private nuisance nor any other act which disturbs the quiet enjoyment of any other tenant in the Building. If any of the Tenant's office machines or equipment or other activities within the Premises involve unusual volume or vibration and disturb any other tenant in the Building, then Tenant shall provide adequate insulation, or take such other action, as may be necessary to eliminate the noise or disturbance. 4.2.2 Tenant will, at its own cost, promptly comply with and carry out all Requirements (defined below) to the extent that same apply to (a) the manner of Tenant's occupation or use of the Premises, (b) the conduct of Tenant's business therein, or (c) the construction of any improvements or alterations therein by (or at the request of) Tenant, including without limitation Tenant's Work (as defined in EXHIBIT C hereto) but specifically excluding Landlord's Work (as defined in EXHIBIT C hereto). The term "Requirements" shall mean all orders, requirements or conditions now or hereafter imposed with respect to Tenant, the Premises, the Building and the Land by the ordinances, laws, rules, orders, and/or regulations (including without limitation all present and future laws, orders and regulations regarding recycling of trash and smoking in the workplace, and all building and life safety codes) of the state in which the Premises are located and the federal government and any other federal, state, or local governmental authority, or public or quasi-public authority, having jurisdiction over the Premises. The foregoing notwithstanding, to the extent that (i)(A) the Requirements relate to the compliance of the Premises (or any portion thereof) with applicable building codes, regulations, or laws which were in effect prior to the date hereof and (B) the design or installation of the item(s) which require such modification was Landlord's responsibility under EXHIBIT C of this Lease, or (ii)(A) the Requirements in effect from and after the date hereof pertain to the Building as a whole or the Land and (B) modifications to the Premises, the Building, or the Land are required in order to bring same into compliance with any of the Requirements in effect from and after the date hereof, Landlord shall be responsible for the compliance of such item(s) with the Requirements, including without limitation costs of compliance of Landlord's Work and Base Building Improvements, the Building as a whole, and/or the Land with the physical accessibility requirements of Title III of the Americans With Disabilities Act (such requirements, the "ADA") but, with regard to clause (ii) only, without prejudice to Landlord's rights, if any, to include such items within Operating Costs as defined in (and limited by) Sections 9.5 and 9.6 of this Lease; provided, however, if any such required modifications are the result of leasehold improvements made by (or at the request of) Tenant, including without limitation Alterations and Tenant's Work, or because of any particular use made of the Premises by Tenant which is not in the nature of customary general office use, all such costs shall be paid by Tenant. Tenant, at Tenant's cost, shall be responsible for ensuring that Tenant's policies and business operations with respect to the Premises comply with the ADA, and that Alterations (to the extent designed by Tenant's architect) complies with the ADA. Landlord will, at its own cost, promptly comply with and carry out all Requirements (x) to the extent that same apply to (1) the conduct of Landlord's business operations, or (2) the construction of any improvements or alterations therein by (or at the request of) Landlord, including without limitation, Landlord's Work and Base Building Improvements, and (y) except to the extent the same are Tenant's responsibility under this Section 4.2.2 (or may be recoverable as an Operating Cost as defined in, and limited by, Sections 9.5 and 9.6 of this Lease).
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Other General Use Covenants. 4.2.1 Tenant shall not commit or allow to be committed any waste upon the Premises, nor any public or private nuisance nor any other act which disturbs the quiet enjoyment of any other tenant in the Building. If any of the Tenant's office machines or equipment or other activities within the Premises involve unusual volume or vibration and disturb any other tenant in the Building, then Tenant shall provide adequate insulation, or take such other action, as may be necessary to eliminate the noise or disturbance.
4.2.2 Tenant will, at its own cost, promptly comply with and carry out all Requirements (defined below) orders, requirements or conditions now or hereafter imposed upon it by the ordinances, laws, rules, orders, and/or regulations of the State in which the Premises are located and the federal government and any other federal, state or local governmental authority, or public or quasi-public authority, having jurisdiction over the Premises to the extent that same apply relating to (a) the manner of Tenant's occupation or use of the PremisesPremises (including Tenant's Telecommunication Use), (b) the conduct of Tenant's business therein, or (c) the construction of any improvements or alterations therein by (or at the request of) Tenant, including without limitation Tenant's Work (as defined in EXHIBIT C hereto) but specifically excluding Landlord's Work (as defined in EXHIBIT C hereto). The term "Requirements" shall mean all orders, requirements or conditions now or hereafter imposed with respect to Tenant, the Premises, the Building and the Land by the ordinances, laws, rules, orders, and/or regulations (including without limitation all present and future laws, orders and regulations regarding recycling of trash and smoking in the workplace, and all building and life safety codes) of the state in which the Premises are located and the federal government and any other federal, state, or local governmental authority, or public or quasi-public authority, having jurisdiction over the Premisescodes applicable to Tenant's alterations. The foregoing notwithstanding, to the extent that (i)(A) the Requirements any such orders, requirements or conditions relate to the compliance of the Premises (or any portion thereof) with applicable building codes, regulations, or laws which were in effect prior to Tenant's occupancy of the date hereof Premises or which pertain to the Building as a whole, or the land upon which same is located, either of which require Landlord to make modifications thereto (the "Compliance Laws") and (B) the design or installation of the item(s) which require whose compliance with such modification Compliance Laws is at issue was Landlord's responsibility under EXHIBIT Exhibit C of this LeaseLease (but excluding any modifications arising out of or due to Tenant's Telecommunication Use), or (ii)(A) the Requirements in effect from and after the date hereof pertain to the Building as a whole or the Land and (B) modifications to the Premises, the Building, or the Land are required in order to bring same into compliance with any of the Requirements in effect from and after the date hereof, then Landlord shall be responsible for the compliance of such item(s) with the Requirementssuch Compliance Laws, including without limitation but not limited to, costs of compliance of Landlord's Work and Base Building Improvements, the Building as a whole, and/or the Land with the physical accessibility requirements of Title III of the Americans With Disabilities Act (such requirements, the "ADA") but, with regard to clause (ii) only, without prejudice to in existence on the date that Landlord's rights, if any, to include such items within Operating Costs as defined in (and limited by) Sections 9.5 and 9.6 of this LeaseWork is Substantially Complete; provided, however, if any such required the Compliance Laws require Landlord to make modifications are to the result Building, the Land, or the Premises, because of leasehold improvements made by the Tenant subsequent to the Substantial Completion of Landlord's Work (or at the request of) Tenant, including without limitation Alterations and Tenant's Work, ) or because of any particular use made of the Premises by Tenant which is not in the nature of customary general office useuse (such as Tenant's Telecommunication Use), or because Tenant's architect failed to provide for such compliance within the Approved Plans for the Premises (as defined in Exhibit C), all such costs shall be paid by Tenant. Tenant, at Tenant's cost, shall be responsible for ensuring that Tenant's policies and business operations with respect to the Premises comply with the ADA, and that Alterations Tenant's Work (and that Landlord's Work to the extent designed by Tenant's architect) complies with the ADA.
4.2.3 Tenant shall observe such reasonable rules and regulations as may be adopted and made available to Tenant by Landlord from time to time for the safety, care and cleanliness of the Premises or the Building and for the preservation of good order therein. The initial rules and regulations for the Building are attached as Exhibit D hereto and made a part hereof by this reference (as the same may be amended in accordance herewith, the "Rules and Regulations"). Landlord will, at its own cost, promptly comply with and carry out all Requirements (x) shall have the right from time to time to make reasonable modifications to the extent that same apply Rules and Regulations, provided (i) such modifications shall only be applicable to Tenant if communicated to Tenant in writing at least ten (110) days prior to the conduct effective date of Landlord's business operationssuch modification, or (2ii) the construction such modified Rules and Regulations shall not materially modify any economic obligations of any improvements or alterations therein by (or at the request of) Landlord, including without limitation, Landlord's Work and Base Building ImprovementsTenant hereunder, and (yiii) except to in the extent event of any irreconcilable conflict between the same are Tenant's responsibility under this Section 4.2.2 (or may be recoverable as an Operating Cost as defined in, and limited by, Sections 9.5 and 9.6 terms of this LeaseLease and the terms of the Rules and Regulations (as amended), the terms of this Lease shall be controlling. Landlord shall not be responsible to Tenant for the nonperformance of any of said rules and regulations by any other tenants or occupants of the Building.
4.2.4 No act shall be done or knowingly permitted by Tenant, or its agents, employees and/or contractors, in or about the Premises that is unlawful or that will increase the existing rate of insurance on the Building. To Landlord's knowledge, general office use and telecommunications use is neither unlawful, nor will it result in any increase in the existing rate of insurance in the Building. In the event the existing rate of insurance is increased because of any breach by Tenant of this covenant, upon notice to Tenant, Tenant shall pay to Landlord any and all fines, penalties, and/or increases in insurance premiums resulting from such breach, unless and until such time as Tenant remedies the condition and causes the rate of insurance to be restored to normal rates.
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Other General Use Covenants. 4.2.1 Tenant shall not commit or allow to be committed any waste upon the Premises, nor any public or private nuisance nor any other act which disturbs the quiet enjoyment of any other tenant in the Building. If any of the Tenant's office machines or equipment or other activities within the Premises involve unusual volume or vibration and disturb any other tenant in the Building, then Tenant shall provide adequate insulation, or take such other action, as may be necessary to eliminate the noise or disturbance.
4.2.2 Tenant will, at its own cost, promptly comply with and carry out all Requirements (defined below) orders, requirements or conditions now or hereafter imposed upon it by the ordinances, laws, rules, orders, and/or regulations of the State in which the Premises are located and the federal government and any other federal, state or local governmental authority, or public or quasi-public authority, having jurisdiction over the Premises to the extent that same apply relating to (a) the manner of Tenant's occupation or use of the Premises, (b) the conduct of Tenant's business therein, or (c) the construction of any improvements or alterations therein by (or at the request of) Tenant, including without limitation Tenant's Work (as defined in EXHIBIT C hereto) but specifically excluding Landlord's Work (as defined in EXHIBIT C hereto). The term "Requirements" shall mean all orders, requirements or conditions now or hereafter imposed with respect to Tenant, the Premises, the Building and the Land by the ordinances, laws, rules, orders, and/or regulations (including without limitation all present and future laws, orders and regulations regarding recycling of trash and smoking in the workplace, and all building and life safety codes) of the state in which the Premises are located and the federal government and any other federal, state, or local governmental authority, or public or quasi-public authority, having jurisdiction over the Premisescodes applicable to Tenant's alterations. The foregoing notwithstanding, to the extent that (i)(A) the Requirements any such orders, requirements or conditions relate to the compliance of the Premises (or any portion thereof) with applicable building codes, regulations, or laws which were in effect prior to the date hereof and (B) the design or installation Tenant's occupancy of the item(s) Premises or which require such modification was Landlord's responsibility under EXHIBIT C of this Lease, or (ii)(A) the Requirements in effect from and after the date hereof pertain to the Building as a whole or the Land and (B) modifications to the Premises, the Buildingwhole, or the Land are required in order land upon which same is located, either of which require Landlord to bring same into compliance with any of make modifications thereto (the Requirements in effect from and after the date hereof"Compliance Laws"), then Landlord shall be responsible for the compliance of such item(s) with the Requirementssuch Compliance Laws, including without limitation but not limited to, costs of compliance of Landlord's Work and Base Building Improvements, the Building as a whole, and/or the Land with the physical accessibility requirements of Title III of the Americans With Disabilities Act (such requirements, the "ADA") but, with regard to clause (ii) only, without prejudice to Landlord's rights, if any, to include such items within Operating Costs as defined in (and limited by) Sections 9.5 and 9.6 of this Leaseexistence on the Commencement Date; provided, however, if any such required the Compliance Laws require Landlord to make modifications are to the result Building, the Land, or the Premises, because of leasehold improvements made by (or at the request of) Tenant, including without limitation Alterations and Tenant's Work, Tenant subsequent to the Commencement Date or because of any particular use made of the Premises by Tenant which is not in the nature of customary general office use, all such costs shall be paid by Tenant. Tenant, at Tenant's cost, shall be responsible for ensuring that Tenant's policies and business operations with respect to the Premises comply with the ADA, and that Alterations Tenant's Work (and that Landlord's Work to the extent designed by Tenant's architect) complies with the ADA. As provided, above, Landlord will, at its own cost, promptly comply with will be responsible for assuring that the Building and carry out all Requirements (x) access to the extent that Premises are in compliance with the ADA.
4.2.3 Tenant shall observe such reasonable rules and regulations as may be adopted and made available to Tenant by Landlord from time to time for the safety, care and cleanliness of the Premises or the Building and for the preservation of good order therein. The initial rules and regulations for the Building are attached as Exhibit D hereto and made a part hereofby this reference (as the same apply may be amended in accordance herewith, the "Rules and Regulations"). Landlord shall have the right from time to time to make reasonable modifications to the Rules and Regulations, provided (1i) such modifications shall only be applicable to Tenant if communicated to Tenant in writing at least ten (10) days prior to the conduct effective date of Landlord's business operationssuch modification, or (2ii) the construction such modified Rules and Regulations shall not materially modify any economic obligations of any improvements or alterations therein by (or at the request of) Landlord, including without limitation, Landlord's Work and Base Building ImprovementsTenant hereunder, and (yiii) except in the event of any irreconcilable conflict between the terms of this Lease and the terms of the Rules and Regulations (as amended), the terms of this Lease shall be controlling. All rules and regulations will be applied equally to similar tenants throughout the extent Building and will be equally enforced. Landlord shall not be responsible to Tenant for the same are nonperformance of any of said rules and regulations by any other tenants or occupants of the Building.
4.2.4 No act shall be done or knowingly permitted by Tenant, or its agents, employees and/or contractors, in or about the Premises that is unlawful or that will increase the existing rate of insurance on the Building. To Landlord's knowledge, general office use is neither unlawful, nor will it result in any increase in the existing rate of insurance in the Building. Landlord will not knowingly take any action which would result in Tenant's responsibility under this Section 4.2.2 (use of the Premises becoming unlawful or may be recoverable as which would result in an Operating Cost as defined in, and limited by, Sections 9.5 and 9.6 increase in Tenant's existing rate of insurance. In the event the existing rate of insurance is increased because of any breach by Tenant of this Lease)covenant, Tenant shall pay to Landlord any and all fines, penalties, and/or increases in insurance premiums resulting from such breach.
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Samples: Lease (Arbor National Holdings Inc)
Other General Use Covenants. 4.2.1 Tenant shall not commit or allow to be committed any waste upon the Premises, nor any public or private nuisance nor any other act which disturbs the quiet enjoyment of any other tenant in the Building. If any of the Tenant's office machines or equipment or other activities within the Premises involve unusual volume or vibration and disturb any other tenant in the Building, then Tenant shall provide adequate insulation, or take such other action, as may be necessary to eliminate the noise or disturbance.
4.2.2 Except as provided below with respect to Landlord's responsibility to ensure that Landlord's Work (as defined in Exhibit C)complies with applicable building codes and the Americans With Disabilities Act ("ADA") in existence on the date that Landlord's Work is Substantially Complete, Tenant will, at its own cost, promptly comply with and carry out all Requirements (defined below) orders, requirements or conditions now or hereafter imposed upon it by the ordinances, laws, rules, orders, and/or regulations of the State in which the Premises are located and the federal government and any other federal, state or local governmental authority, or public or quasi-public authority, having jurisdiction over the Premises to the extent that same apply relating to (a) the manner of Tenant's occupation or use of the Premises, (b) the conduct of Tenant's business therein, or (c) the construction of any improvements or alterations therein by (or at the request of) Tenant, including without limitation Tenant's Work (as defined in EXHIBIT C hereto) but specifically excluding Landlord's Work (as defined in EXHIBIT C hereto). The term "Requirements" shall mean all orders, requirements or conditions now or hereafter imposed with respect to Tenant, the Premises, the Building and the Land by the ordinances, laws, rules, orders, and/or regulations (including without limitation all present and future laws, orders and regulations regarding recycling of trash and smoking in the workplace, and all building and life safety codes) of the state in which the Premises are located and the federal government and any other federal, state, or local governmental authority, or public or quasi-public authority, having jurisdiction over the Premisescodes applicable to Tenant's alterations. The foregoing notwithstanding, to the extent that (i)(A) the Requirements any such orders, requirements or conditions relate to the compliance of the Premises (or any portion thereof) with applicable building codes, regulations, or laws which were in effect prior to Tenant's occupancy of the date hereof Premises pursuant to the Original Lease or which pertain to the Building as a whole, or the land upon which same is located, either of which require Landlord to make modifications thereto (the "Compliance Laws") and (B) the design or installation of the item(s) which require whose compliance with such modification Compliance Laws is at issue was Landlord's responsibility under EXHIBIT C of this Lease, or (ii)(A) the Requirements in effect from and after the date hereof pertain to the Building as a whole or the Land and (B) modifications to the Premises, the Building, or the Land are required in order to bring same into compliance with any of the Requirements in effect from and after the date hereof, then Landlord shall be responsible for the compliance of such item(s) with the Requirementssuch Compliance Laws, including without limitation but not limited to, costs of compliance of Landlord's Work and Base Building Improvements, the Building as a whole, and/or the Land (if any) with the physical accessibility requirements of Title III of the Americans With Disabilities Act (such requirements, ADA in existence on the "ADA") but, with regard to clause (ii) only, without prejudice to date that Landlord's rights, if any, to include such items within Operating Costs as defined in (and limited by) Sections 9.5 and 9.6 of this LeaseWork is Substantially Complete; provided, however, if the Compliance Laws require Landlord to make modifications to the Building, the Land, or the Premises, because of any such required modifications are the result of leasehold improvements made by the Tenant (or at the request of) Tenant, including without limitation Alterations and Tenant's Work, ) or because of any particular use made of the Premises by Tenant which is not in the nature of customary general office use, all such costs shall be paid by Tenant. Tenant, at Tenant's cost, shall be responsible for ensuring that Tenant's policies and business operations with respect to the Premises comply with the ADA, and that Alterations Tenant's Work (and that Landlord's Work solely to the extent designed by Tenant's architect) complies with the ADA.
4.2.3 Tenant shall observe such reasonable rules and regulations as may be adopted and made available to Tenant by Landlord from time to time for the safety, care and cleanliness of the Premises or the Building and for the preservation of good order therein. The initial rules and regulations for the Building are attached as Exhibit D hereto and made a part hereof by this reference (as the same may be amended in accordance herewith, the "Rules and Regulations"). Landlord will, at its own cost, promptly comply with and carry out all Requirements (x) shall have the right from time to time to make reasonable modifications to the extent that same apply Rules and Regulations, provided (i) such modifications shall only be applicable to Tenant if communicated to Tenant in writing at least ten (110) days prior to the conduct effective date of Landlord's business operationssuch modification, or (2ii) the construction such modified Rules and Regulations shall not materially modify any economic obligations of any improvements or alterations therein by (or at the request of) Landlord, including without limitation, Landlord's Work and Base Building ImprovementsTenant hereunder, and (yiii) except to in the extent event of any irreconcilable conflict between the same are Tenant's responsibility under this Section 4.2.2 (or may be recoverable as an Operating Cost as defined in, and limited by, Sections 9.5 and 9.6 terms of this LeaseLease and the terms of the Rules and Regulations (as amended), the terms of this Lease shall be controlling. Landlord shall not be responsible to Tenant for the nonperformance of any of said rules and regulations by any other tenants or occupants of the Building.
4.2.4 No act shall be done or knowingly permitted by Tenant, or its agents, employees and/or contractors, in or about the Premises that is unlawful or that will increase the existing rate of insurance on the Building. To Landlord's knowledge, general office use is neither unlawful, nor will it result in any increase in the existing rate of insurance in the Building. In the event the existing rate of insurance is increased because of any breach by Tenant of this covenant, Tenant shall pay to Landlord any and all fines, penalties, and/or increases in insurance premiums resulting from such breach.
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Other General Use Covenants. 4.2.1 (A) Tenant shall not commit or allow to be committed any waste upon the Premises, nor or any public or private nuisance nor or any other act or thing which disturbs the quiet enjoyment of any other tenant in the Building. If Subject to section 4(E), below, if any of the Tenant's office machines or equipment or other activities within the Premises involve unusual volume or vibration and disturb any other tenant in the Building, then Tenant shall provide adequate insulation, or take such other action, or cease such objectionable activities, as may be necessary to eliminate the noise or disturbance.
4.2.2 (B) Tenant will, at its own cost, promptly comply with and carry out all Requirements (defined below) to the extent that same apply to (a) the manner of Tenant's occupation or use of the Premises, (b) the conduct of Tenant's business therein, or (c) the construction of any improvements or alterations therein by (or at the request of) Tenant, including without limitation Tenant's Work (as defined in EXHIBIT C hereto) but specifically excluding Landlord's Work (as defined in EXHIBIT C hereto). The term "Requirements" shall mean all orders, requirements or conditions now or hereafter imposed with respect to Tenant, the Premises, the Building and the Land upon it by the ordinances, laws, rules, orders, and/or regulations (including without limitation all present and future laws, orders and regulations regarding recycling of trash and smoking in the workplace, and all building and life safety codes) of the state in which the Premises are located and State of New Jersey or the federal government and other any other federal, state, or local governmental authority, or public or quasi-public authority, having jurisdiction over the Premises. The foregoing notwithstandingPremises relating to the manner of Tenant's occupation or use of the Premises or conduct of Tenant's business therein, including without limitation all present and future laws, orders and regulations regarding smoking in the workplace, except to the extent that (i)(A) the Requirements any such orders, requirements or conditions relate to the compliance of ensuring that the Premises (or any portion thereof) comply with applicable building codes, regulations, or laws which were in effect prior to the date hereof and (B) the design or installation Tenant's occupancy of the item(s) Premises or which require such modification was Landlord's responsibility under EXHIBIT C of this Lease, or (ii)(A) the Requirements in effect from and after the date hereof pertain to the Building as a whole or the Land and (B) modifications to the Premises, the Buildingwhole, or the Land are required in order to bring land upon which same into compliance with is located, any of which require Landlord to make structural or engineering modifications thereto (the Requirements in effect from and after the date hereof"Compliance Laws"). In such latter event(s), Landlord shall be responsible for complying with such Compliance Laws, and any costs or expenses related to such modifications shall be the compliance sole responsibility of such item(s) with the RequirementsLandlord, including without limitation but not limited to, costs of compliance of Landlord's Work and Base Building Improvements, the Building as a whole, and/or the Land with the physical accessibility requirements of Title III of the Americans With Disabilities Act (such requirements, the "ADA") butto the extent the same was in effect prior to Tenant's occupancy of the Premises, with regard to clause (ii) only, without prejudice to and Landlord's rights, if any, potential obligation to include such items within Operating Costs as defined remove Hazardous Substances (hereinafter defined) which were present in (and limited by) Sections 9.5 and 9.6 of the Land or Building prior to the Commencement Date pursuant to this Lease; provided, however, if any the Compliance Laws require Landlord to make such required structural or engineering modifications are to the result Building, the Land, or the Premises, because of leasehold improvements made by the Tenant subsequent to the Substantial Completion of Landlord's Work (or at the request of) Tenant, including without limitation Alterations and Tenant's Work, ) or because of any particular use made of the Premises by Tenant which is not in the nature of customary general office useand administrative use after Tenant takes possession thereof, all such costs shall be paid by Tenant. Article 9 below addresses the manner for implementing any such structural or engineering modifications in light of Tenant's initial assumption of responsibility for property management. Tenant, at Tenant's cost, shall be responsible for ensuring that Tenant's policies and business operations with respect to the Premises comply with the ADA, and that Alterations (to the extent designed by Tenant's architect) Work complies with the ADA. Landlord willIn addition, at its own cost, promptly comply with and carry out all Requirements (x) notwithstanding the foregoing provisions to the extent that same apply to contrary, (1) because Tenant's architect is responsible for the conduct design of Landlord's business operationsWork within the interior of the Building, or Tenant shall be responsible for the compliance thereof with ADA, and (2) Landlord shall be responsible for the construction compliance of any improvements or alterations therein by (or at the request of) Landlord, including without limitation, Landlord's Work and Base Building Improvements, the exterior portions of the Building and site improvements, the Building elevators and the Building entrances with ADA.
(C) Tenant shall observe such reasonable rules and regulations as may be adopted and made available to Tenant by Landlord from time to time for the safety, care and cleanliness of the Premises or the Building and for the preservation of good order therein. The initial rules and regulations for the Building are attached as Exhibit D hereto and made a part hereof by this reference (as the same may be amended in accordance herewith, the "Rules and Regulations"). Landlord shall not enforce the Rules and Regulations in a manner which is discriminatory to Tenant. Landlord shall have the right from time to time to modify the Rules and Regulations, provided (i) such modifications shall be reasonable, and shall only be applicable to Tenant if communicated to Tenant in writing at least ten (10) days prior to the effective date of such modification, (ii) such modified Rules and Regulations shall not materially modify any economic obligations of Tenant hereunder, and (yiii) except in the event of any irreconcilable conflict between the terms of this Lease and the terms of the Rules and Regulations (as amended), the terms of this Lease shall be controlling.
(D) No act shall be done by Tenant, or its agents, employees and/or contractors, in or about the Premises that is unlawful or that will increase the existing rate of insurance on the Building. In the event of any breach of this covenant which is not cured within the lesser of (i) thirty (30) days after Landlord's written notice, or (ii) such shorter period (including, if applicable, no cure period) as may be imposed by any applicable governmental authority or insurance underwriter within which such cure must be completed in order to avoid the imposition of fines, civil penalties, surcharges or premium increases as a result of the activity complained of, Tenant shall pay to Landlord any and all fines, penalties, and/or increases in insurance premiums resulting from such breach. Landlord represents that, to the extent best of Landlord's knowledge as of the same are Tenantdate hereof, the use of the Premises solely for general office and administrative purposes will not result in any increase in insurance premiums applicable to the Premises under Landlord's responsibility under current blanket policy of insurance.
(E) The parties acknowledge that this Section 4.2.2 (or may Lease is intended, initially, to be recoverable as an Operating Cost as defined ina full building lease, and limited by, Sections 9.5 and 9.6 that Tenant will initially be the only occupant in the Building. The parties further acknowledge that pursuant to Article 21 of this Lease, Landlord has a right of partial recapture which may, at some future time, result in there being multiple occupants of the Building. For so long as Tenant is the only occupant of the Building, any provisions of this Lease which would have the effect of restricting Tenant's activities or conduct within the Premises, or its use of certain Common Areas (including the parking facilities serving the Building), in order to protect or preserve the rights of other tenants and occupants of the Building shall be inapplicable to such extent, provided that if the Building at any time becomes multi- tenanted by virtue of Landlord's exercise of a recapture right under Article 21, or on the basis of any other agreement between Landlord and Tenant, then any such provisions shall be fully applicable.
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