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<br />Utilities and Taxes: <br />5. Heat and air conditioning service shall be provided during the appropriate heating and <br />cooling seasons and during normal business hours. Landlord agrees that reasonably adequate heat <br />and air conditioning equipment and facilities shall be furnished and installed in the demised premises <br />at its expense. Electricity, gas and water used in the building, in addition to real estate taxes levied <br />against the building, shall be paid by Tenant in addition to rental, at a monthly cost of Two <br />Hundred ThiM & 00/100, ( 230.00 . This amount is based on Tenants proportionate square <br />footage for this previous year's actual cost and will be increased or decreased in February of each <br />year based on percentage of change of Lanlord's actual cost per square foot of leasable space for the <br />previous year. <br />Landlord shall have the right, without notice to tenant, to discontinue electric current, heat, air <br />conditioning, water, and any other service to be provided to Tenant hereunder, during any period <br />for which payment is overdue from tenant on account of rent, electric current or other service for <br />which payment is due from tenant to Landlord or any public utility agency, or pursuant to anv <br />obligation of Tenant to Landlord hereunder, and rental shall not abate during any such period of <br />discontinued service. <br />Landlord shall not be liable for damages, abatement of rental or otherwise, for failure to furnish <br />water, heat, electric, gas, )anitor, or other service when failure or delay in doing so is occasioned b`- <br />needful repairs, renewals or improvements in whole or in part by any strike, lockout or other labor <br />controversy or by inability to secure heating gas after reasonable effort to do so, oY by interruption <br />caused by a governmental body or agency having jurisdiction, or bv an accident or casualn- <br />whatsoever or bv the act of default of "Tenant or other parties or by anv other causes be}-ond the <br />reasonable control of Landlord, and no such failure or delay shall be considered or construed as an <br />actual or constructive eviction of Tenant by LandloYd, nor shall it in any wav release "I'enant from <br />the prompt and punctual performance of each and all of the covenant and agreements of this lease. <br />Use of Premises: <br />6. Tenant agrees that said premises shall be used for office purposes only, and for no other <br />purpose, and shall be used and occupied in a careful, safe and proper manner; that no nuisance, <br />trade or occupation which is known in insuYance as extra or especially hazardous shall be permitted <br />therein, that no waste shall be committed or pexmitted upon or damage be done to said premises, <br />and that Tenant shall pay on demand for any unusual use of heat, air conditioning, electticity or <br />water because of anv special needs or pYactices of the Tenant or by Yeason of the business <br />conducted in said premises by- "I'enant and Tenant shall pay on demand for any damage to the <br />premises suffered or caused by `I'enant, its officers, agents or contractors. Reasonable wear and tear <br />excepted. <br />Unlawful Use and Limitation of Use: <br />7. Tenant shall not conduct oY permit to be conducted or continued on said premises any <br />business or permit any act which is contrary to or in violation of any applicable law, ordinance or <br />governmental code or regulation, nor will Tenant store or sell or permit to be sold or stored therein <br />any malt, spirituous or vinous liquors of any narcotic drugs. Tenant shall not do or permit to be <br />done any act or thing upon the demised premises which will invalidate or be in conflict with any fire <br />insurance policies or increase the rate for fire insurance covering the building of which the demised <br />premises form a part and shall not do or permit to be done any act or thing upon the demised <br />premises which shall or might subject Landlord to any liability or responsibility for injur5- to any <br />person or persons or to property by reason of any business or operation being carried on in the <br />demised premises or for any other reason. Tenant shall not conduct or permit to be conducted any <br />smoking in non-smoking designated areas of the building. <br />Alterations: <br />8. Tenant will make no alterations in or additional or unprovements to said premises without <br />first obtaining the written consent of the Landlord thereto, and then only between such hours and <br />b}, such contractors and mechanics as may be approved in writing by Landlord. r1ll alterations, <br />additions, unprovements and replacements made or provided by either party upon said premises, <br />except moveable office furniture and trade fixtures provided at Tenant's expense, shall be the <br />property of Landlord, and shall remain upon and be surrendered with the premises upon <br />termination, without molestation or injury. <br />Common Usage: <br />9. Tenant shall have the right to use in common with otheY authoYized persons and vehicles, all <br />driveways, parking areas not allocated, sidewalks, halls, lobbies, toilets and other common aYeas. <br />Tenant agrees that ingress and egress will not be blocked by any vehicles belonging to its employees, <br />licensees or invitees. Landlord shall maintain, control, manage and operate the common areas in a <br />reasonable manner and may from time to time promulgate such reasonable rules and regulations as <br />Landlord in its sole discretion may deem appropriate, and Tenant, its agents, employees, licensees <br />and contractors use and occupancy thereof shall be conditioned upon compliance with such rules <br />and regulations. <br />2