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in the Premises shall remain upon and be surrendered by Lessee with the Premises, subject to
<br />Lessee's right to remove the same, at Lessee's sole cost and expenses, as set forth below. The
<br />Premises shall otherwise be returned to Lessor in the same condition as of the date of this Lease,
<br />reasonable wear and tear excepted. Notwithstanding the foregoing, upon any termination or
<br />expiration of this Lease not resulting from the default or breach of this Lease by Lessee, Lessee,
<br />at Lessee's option, shall have the right to remove any such Utility Installations, Trade Fixtures
<br />and Alterations, including Lessee Owned Alterations and/or Utility Installations, at Lessee's sole
<br />cost and expense, provided that (a) all such Utility Installations, Trade Fixtures and Alterations,
<br />including Lessee Owned Alterations and/or Utility Installations shall be removed by Lessee
<br />within 15 days after such termination or expiration of this Lease and (b) Lessee shall, at its sole
<br />cost and expense, repair any damage to the Premises caused by such removal.
<br />55. Lessor's Obligations. Notwithstanding anything to the contrary set forth in the Lease, Lessor
<br />shall not be required to (a) remediate or rectify any future non-compliance with governmental
<br />regulations or (b) provide ADA upgrades to the Premises, resulting from the specific and unique
<br />use of the Premises (including without limitation, the Shelter) by Lessee or resulting from any
<br />Utility Installations, Trade Fixtures and Alterations, including Lessee Owned Alterations and/or
<br />Utility Installations, or other alternations or improvements to the Premises, made by Lessee,
<br />unless such remediation or upgrades would have been required of any general office or
<br />commercial tenant and are not required as part of Lessee's work, improvements or Alterations
<br />made or being made by Lessee to the Premises prior to occupancy of the Premises to the extent
<br />required to permit Lessee's occupation and use of the Premises. Except as otherwise specifically
<br />set forth in this Section 55 below, Lessor shall not be required to make or incur any capital
<br />expenditures or commence or complete any remediation of Hazardous Substances or any non-
<br />compliance with governmental regulations now in effect; provided, however, the foregoing is not
<br />intended to and shall not impose upon Lessee any obligation to remediate any Hazardous
<br />Substances located on the Premises as of the date hereof unless such remediation is required with
<br />any work, improvements or Alterations made or being made by Lessee to the Premises prior to
<br />occupancy of the Premises to the extent required to permit Lessee's occupation and use of the
<br />Premises. Furthermore, notwithstanding anything to the contrary set forth in the Lease, it is the
<br />intent of Lessor and Lessee that Lessor shall have no responsibility or obligation whatsoever,
<br />except as otherwise specifically set forth in this Section 55 below, for the maintenance, repair or
<br />replacement of all or any portion of the Premises, Building, or Project, including, without
<br />limitation, the roof and the HVAC system, such responsibility and obligations being that of
<br />Lessee. Lessee shall properly use, operate and safeguard the Premises, including, if applicable,
<br />any landscaping, furniture, furnishing and appliances, and all mechanical, electrical, boilers,
<br />refrigeration equipment, gas and plumbing fixtures, HVAC and other building systems, and
<br />smoke detectors and fire alarms, and keep them and the Premises clean, sanitary and well
<br />ventilated and all drains free from blockages or stoppages. Lessee shall be responsible to pay for
<br />all utilities, sewer charges and any roof repairs caused by Lessee's use or misuse of the roof.
<br />Lessee shall properly insure all of the Premises and all of Lessee's and its guests', patients' and
<br />invitees' personal property. Notwithstanding anything to the contrary set forth in this Lease,
<br />Lessee is solely responsible for any and all upgrades to the existing HVAC system (including,
<br />without limitation repair, replacement or additions) and any current repairs or replacements of the
<br />roof to accommodate and permit Lessee's use of the Premises as a Shelter and its required
<br />occupancy and usage of the Premises, all of which shall be completed prior to Lessee's opening
<br />of the Shelter at the Premises, at Lessee's sole cost and expense; provided, further, Lessee hereby
<br />affirms and agrees that (a) the current HVAC system in the Premises is acceptable to Lessee in its
<br />current condition, (b) the roof is acceptable to Lessee in its current condition, (c) the current
<br />structural portions of the Premises are acceptable to Lessee in their current condition and (d) that
<br />if the current HVAC system, any current structural portion of the Premises or the current roof
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