2005 - 08-23-05 Recessed Meeting

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0 0 6~0;1\ 20 FacF 574 Page 4 property of Landlord. Tenant hereby expressly recognizes and agrees that the Building has been renovated to comply with the Standards for Rehabilitation established by the Secretary of the Interior set forth at 36 C.F.R. 67.7 (the "Secretary Standards"), and will qualify for historic rehabilitation tax credits available in connection with such rehabilitation work, which shall provide an important economic benefit to Landlord. Therefore, any alterations to the Premises must be performed with great care to comply with the Secretary's Standards, and only after consultation with, and approval by, Landlord's historic consultant, all at Tenant's expense. d. Casual : If the need for any repair to the Building, Premises, or any of their systems or fixtures is occasioned by a casualty resulting from the negligence or willful act of Tenant, or any of its agents, employees, or contractors, then such repairs shall be made by Landlord but shall be charged to and paid for by Tenant. e. U tt: At its own expense, Tenant shall be responsible for all installation and servicing of all telephones, computers and related wiring serving the Premises. All telephone switching gear installed by Tenant and its service providers shall be clearly labeled as providing service for Tenant's telephones. f Cleaning: Landlord shall provide cleaning services as is customary in the Building. Tenant agrees to keep all accumulated garbage and rubbish in containers in the interior of the Premises to facilitate removal. g. Rehrrn Condition: Tenant shall return the Premises to Landlord in its original condition, except for ordinary wear and tear. 8. DAMAGE OR DESTRUCTION: a. Landlord's Obligation to Remedy: If the Premises are damaged, destroyed, or rendered partially untenantable for their accustomed use by fire or other casualty insured by Landlord's insurance policies, then upon receipt of insurance proceeds resulting from such casualty, Landlord shall promptly repair the Premises and restore them to substantially the same condition as existed immediately prior to such casualty. However, Landlord shall have no obligation to repair or restore improvements made by Tenant or Tenant's trade fixtures, decorations, signs, contents or other personal property. b. Rent Abatement: From the date of any such casualty described above and until the Premises are repaired and restored, payment of Base Rent shall abate in such proportion as the part of the Premises thus destroyed or rendered untenable bears to the total Premises. c. Lease Termination: In the event that the Building is destroyed or damaged to an extent of 50% or more of its fair market value due to such casualty, either party may terminate this Lease by providing notice to the other party within sixty days after the occurrence of the casualty, and will be effective as of the date of the casualty. PEOPLE AND PROPERTY ON THE PREMISES: a. Persona! Property: All personal property not owned by Landlord that is placed in the Premises shall be at the risk of Tenant. Tenant shall keep its personal property and trade fixtures in the Premises insured with "all risks" insurance in an amount to cover the full replacement cost of the property and fixtures. b. Injury to People and/or Property: In no event shall Landlord be liable to Tenant or to any third party for indirect or consequential damages of any kind, including but not limited to loss of goodwill, business or profits. In no event shall Landlord be liable for injury to persons or property arising from any cause whatsoever, unless such damage is caused by Landlord's negligence. Such causes include, without limitation, each and any combination of the following within the Premises or the Building: