reasonable wear and tear excepted. Tenant shall make
all repairs which become necessary due to Tenant’s acts
and/or negligence. If Tenant does not make such
repairs, Landlord may do so, the cost of which shall be
Additional Rent. In the event that Tenant defaults under
the terms of this Paragraph 8, Landlord may make
necessary repairs or replacement, the cost of which shall
be deducted from the Security Deposit.
Tenant shall not make any alterations, additions,
modifications and/or changes to the Unit during the
Lease Term.
Should a mechanic’s lien be filed against the Unit
and/or the building in which the Unit is situated (the
"“Building") due to Tenant’s failure to pay for alterations
and/or repairs and/or work performed in the Unit, Tenant
must immediately either pay or file a bond for the amount
stated in the mechanic’s lien. In the event Tenant fails to
so pay or bond the mechanic’s lien, Landlord may do so
upon giving twenty (20) days prior written notice to
Tenant, Landlord’s cost for which shall be Additional
Rent.
Provided the Condominium Association is obligated
to do so, Landlord will cause the Condominium
Association to repair any damage, except if such damage
is the result of the acts and/or negligence of Tenant
9. Maintenance of Unit
Tenant shall maintain the Unit in a neat, clean and
presentable condition.
10. Pets
Pets of any kind or nature (shall) (shall not) be
allowed in the Unit.
11. Damage, Fire or Other Catastrophe
In the case of fire damage or other damage to the
Unit not caused by Tenant, Tenant shall give Landlord
immediate notice of same. Upon receipt of such notice,
Landlord may either (a) repair the Unit or (b) terminate
the Lease. If Landlord makes repairs to the Unit,
Landlord shall have a reasonable time in which to do so.
If the damage to the Premises or the Unit renders the
Unit uninhabitable, Landlord shall give notice to Tenant,
after repairs are made, of the date on which the Unit may
be reoccupied. Monthly Rent for the period that Tenant
can not occupy the Unit because of the damage shall be
forgiven.
In the event that Landlord terminates this Lease
because of the damage, Landlord shall give Tenant three
(3) days notice of Landlord’s intent to so terminate, in
which event, Monthly Rent shall be due for the period up
to the date the Premises or the Unit incurred the damage.
Notwithstanding the provisions of Section 227 of the
New York Real Property Law, if the Unit is situated is
substantially damaged by fire or other catastrophe (the
“Occurrence”), Landlord has the absolute right to
demolish, renovate or rebuild the Unit. Landlord may
cancel this Lease, in such event, upon thirty (30) days
written notice to Tenant of Landlord’s intent, which notice
shall include the date on which the Lease terminates,
which shall, in no event, be less than thirty (30) days from
the date of said notice. By canceling this Lease in
accordance with the terms of this Paragraph, Landlord is
not obligated to repair, renovate or rebuild the Unit.
Monthly Rent and Additional Rent shall be paid by
Tenant up to the date of the Occurrence.
12. Liability
Landlord shall not be liable for any loss, damage or
expense to any person or property except if such loss is
caused by the willful acts of Landlord.
Tenant shall be liable for the acts of Tenant,
Tenant’s family, guests and/or invitees. Landlord’s cost
and expense in repairing any such damage or from any
claim resulting from such acts shall be billed as Additional
Rent and shall be paid by Tenant to Landlord.
Landlord is not liable to Tenant should anyone be
refused entry into the Building.
Landlord is not liable for damages or otherwise if
Tenant suffers them as a result of any acts of
commission or omission of the Condominium
Association, its Board of Managers or any other party
responsible to the Condominium Association or its Board
of Managers. Landlord is not liable to Tenant with regard
to any of the obligations of the Condominium Association,
its Board of Managers or other party responsible to them
under the Condominium Declaration. The obligation to
pay Rent and Additional Rent under this Lease continues
even if the Condominium Association, its Board of
Managers and other party responsible to them fails to
perform such obligations. Landlord will use its best
efforts to cause the Condominium Association, its Board
of Managers and other party responsible to them to fulfill
their obligations.
Tenant, by executing this Lease agrees to indemnify
and hold Landlord harmless from and against any claims
arising from the Condominium Declaration related to
Tenant’s acts and/or negligence.
13. Insurance
Tenant is obligated to carry whatever property
and/or liability insurance that Landlord requires and shall
have named on the policy of insurance Landlord, as an
insured. Tenant must deliver a copy of the declaration
page of the policy of insurance or the binder showing
Landlord as an insured prior to taking possession of the
Unit.
14. Entry
Except in an emergency, for the purposes of repair,
inspection, extermination, installation or repair of any
system, utility or appliance or to do any work deemed
necessary by Landlord, Landlord may enter the Unit on
reasonable notice and at reasonable times. Upon giving
such notice, Landlord may also enter the Unit to show the
Unit to prospective purchasers, lenders or other persons
deemed appropriate and necessary by Landlord. During
the last three (3) months of the Term of this Lease,
Landlord may enter the Unit to show the Unit to
prospective tenants.
Landlord is not responsible for disturbance to tenant
or damage to Tenant due to work being performed on
behalf of Landlord or the Condominium
Association and Tenant waives any claim of eviction in
such event.
Upon reasonable notice to Tenant, the
representatives of the Condominium Association, Board
of Manages or any other party authorized by them or by
the Condominium Declaration may enter the Unit and
Landlord assumes no responsibility nor shall Landlord be
liable for any damage or loss caused by them.
15. Assigning or Subletting
This Lease may not be assigned by Tenant nor shall
Tenant sublet the Unit.
16. Subordination
This Lease and Tenant’s rights hereunder are
subject and subordinate to all existing and future leases
for the Building in which the Unit is situated, to all
mortgages on said leases and/or the Unit and/or the
Building and all renewals, modifications and extensions
thereof. Upon request by Landlord, Tenant shall execute
any certificate to this effect.
17. Landlord’s Consent
If, under the terms of this Lease, the consent of
Landlord is required, such consent shall not be
unreasonably withheld.
18. Keys, Locks
Tenant shall give Landlord keys to all locks for the
Unit. Tenant shall not change any locks or add any locks
to the Unit without obtaining Landlord’s consent, and if
given, Tenant shall provide keys to Landlord for these
locks.
19. Signs
Tenant shall not place any signs on the Unit or upon
the Building or in the Unit so as to be seen from outside
the Unit.
Landlord shall have the right to place or cause to be
placed on the Unit and/or upon the Building, “For Rent”
and/or “For Sale” signs.
20. Compliance with Authorities
Tenant shall, at its own cost and expense, comply
promptly with all laws, rules, ordinances and directions of