or snow, which may leak into, issue or form from any part of said building of which the premises hereby leased are part, or from the pipes or plumbing work of the same, or from any other place or quarter.14. ALTERATIONSTenant shall make no alterations, installations, additions or improvements in or to the Premises or the Building without the Landlord's prior writtenconsent. If any such alterations are made without the prior written consent of Landlord, Landlord may correct or remove same, and Tenant shall beliable for any and all reasonable expenses incurred by Landlord in the performance of this work.15. TENANT'S EQUIPMENTTenant will not install or operate in the Premises any electrically operated equipment or other machinery, other than normal and customaryelectrical equipment found in a modern office, that specifically requires a separate electrical circuit. Tenant may not install or operate in thePremises computers (personal computers excepted), any equipment or machinery that is heat producing or can be construed as a fire hazard if not properly monitored without the prior written consent of the Landlord. Landlord reserves the right to charge Tenant a fee if Tenant places its owncopier on the Premises. The Tenant may not have any cables run to its offices (other than faxes) and may only use the Landlord
s land linetelephones. (See fees in Exhibit B). Any fax lines must be installed by technicians approved by Landlord.16. ENTRY FOR REPAIRS AND INSPECTIONSTenant will permit Landlord, or its representative, to enter the Premises, at all reasonable times, with reasonable advance notice to examine,inspect and protect the same, and to make such alterations and/or repairs, as in the judgment of the Landlord, may be deemed necessary tomaintain or protect the Premises or the Building, or to exhibit the same to prospective Landlords during the last sixty (60) days of the term of thisLease.17. LANDLORD'S EMPLOYEESTenant agrees that during the term of this Lease and for twelve (12) months after its termination, Tenant will not offer employment to or hire any of the employees of the Landlord or any other Tenants. Upon breach of this agreement, Tenant shall pay as liquidated damages to Landlord, a sumequal to one hundred percent (100%) of each such employee's annual wages.18. INSURANCELandlord and Tenant shall maintain separate policies of commercial liability insurance with the premiums thereon fully paid in advance, issued byand binding upon an insurance company authorized to transact business in the state where the Premises are located and of good financial standing,such insurance to afford minimum protection of not less than $1,000,000.00 in respect of personal injury or death and/or property damage inrespect of any one occurrence; provided, however that Tenant shall carry such greater limits of coverage as Landlord may reasonably request fromtime to time.Landlord shall maintain fire and extended coverage insurance for the building, and it shall be the obligation of the Tenant to provide its owninsurance to cover equipment, liability, business interruption or other types of insurance which Tenant may desire to carry at its own expense.All property of the Tenant of every kind which may be on said demised Premises during the term hereof shall be at the sole risk of Tenant, or thoseclaiming under Tenant, and the Landlord shall not be liable to Tenant, or to any other person whatsoever, for any injury, loss or damage to any person or property in or upon said demised Premises, or upon the common areas, halls, stairways or sidewalks adjacent thereto if said injury, lossor damage is due to the negligence or misconduct of the Tenant, his agents, servants, or employees. Under no circumstances shall Landlord beliable to Tenant or Tenant
s employees, agents, guests or invitees for any action by any person (including trespassers and criminals) other thanLandlord or Landlord
s employees. Tenant hereby covenants and agrees to assume liability for or on account of any injury, loss or damage abovedescribed, and to save Landlord harmless therefrom.19. SERVICES AND UTILITIESLandlord, at its expense, shall provide Building services normally furnished by comparable office Buildings in the surrounding metropolitan area.It is understood that these services are generally provided by the Landlord and that failure by Landlord to perform to any extent these services beyond the control of the Landlord, shall not render Landlord liable for damages to person or property, nor be construed as an eviction of Tenant,nor work as an abatement of rent, unless such service are not provided to Tenant for a period of ten (1O) continuous business days after due noticeto Landlord; nor relieve Tenant from fulfillment of any covenant or agreement hereof. Should any of the Building equipment fail to function, or for any cause cease to function properly, Landlord shall use reasonable diligence to repair the same promptly, but Tenant shall have no claim for rebateof rent or damages on account of any interruptions in service occasioned thereby or resulting therefrom.Should Office Service be provided to Tenant by Landlord hereunder, Tenant will indemnify and hold harmless Landlord from and against any loss,damage or liability occasioned by or resulting from any act or omission of the persons rendering or failing to render said office services.20. SUBSTITUTIONIf deemed necessary by Landlord in its sole discretion to facilitate Landlord's use or rental of the Building or other offices therein, Tenant agrees torelocate to a comparable office(s) in the Building with Landlord absorbing all reasonable costs relative to said relocation.
/var/www/apps/scribd/scribd/tmp/scratch6/16381691.docApril 10, 2009