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This excerpt taken from the C 10-K filed Feb 22, 2008. Fire Stairs 4.01. Tenant and its employees, contractors, invitees and other permitted occupants of the Premises shall have a non-exclusive right to use the fire stairwell(s) serving the Premises (the Fire Stairs) for the sole purpose of access between the floors of the Building on which the Premises are located, at no additional rental charge to Tenant, provided that (1) such use shall be permitted by, and at all times in accordance with, all Legal Requirements; (2) Tenant shall obtain all necessary governmental and regulatory approvals for the use of the Fire Stairs, if any are so required; (3) Tenant shall comply with all of Landlords reasonable rules and regulations adopted from time to time with respect thereto; (4) access doors to the Fire Stairs shall never be propped or blocked open; (5) Tenant shall not store or place anything in the Fire Stairs or otherwise impede ingress thereto or egress therefrom; (6) Tenant shall not permit or suffer any of its employees, agents or contractors to use any portion of the Fire Stairs other than for ingress and egress between the different floors of the Premises, except in case of emergency, and shall be responsible for assuring that Tenants employees do not use the Fire Stairs for loitering or any other purpose other than ingress and egress between the different floors of the Premises and use in the event of a fire or other Emergency; (7)
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subject to Legal Requirements, including applicable reentry rules and regulations from time to time in effect, if Tenant locks off any reentry doors in the Fire Stairs, Tenant shall, at its sole cost and expense, tie such locking devices into the base Building fire alarm and life safety system; (8) subject to Legal Requirements, including applicable reentry rules and regulations from time to time in effect, Tenant may elect, at its sole cost and expense, to install a card access system reasonably satisfactory to Landlord on all non-reentry doors between the Fire Stairs and the floors of the Premises; (9) install cosmetic enhancements to the Fire Stairs, subject to and accordance with all the provisions of Article 8 hereof; and (10) Tenant shall tie Tenants security system into the Building security system so that, among other things, the Building security system can distinguish between an authorized entry into the Fire Stairs by one of Tenants employees and an unauthorized entry by another party. Tenant shall provide Landlord with a master card key so that Landlord shall have access through each entry door. Tenant shall be solely responsible for the operation of the locking system on the doors from the Fire Stairs to the Premises and hereby waives any and all claims against Landlord arising out of or in connection with parties gaining access to and from the Premises through the Fire Stairs unless caused by the negligence or willful act of Landlord or any of Landlords employees, agents or contractors. All of the provisions of the Lease in respect of liability insurance and indemnification shall apply to the Fire Stairs, as if same were part of the Premises. Tenant may paint the Fire Stairs and install light fixtures therein and make such other Alterations as Landlord shall approve, which approval shall be granted or withheld in accordance with the terms of this Lease. Tenant shall be responsible for any additional cleaning costs with respect to the use of the Fire Stairs by Tenant but only to the extent such additional cleaning is solely required as a result of Tenants use. ARTICLE 5 |
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