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55.
<br />Lessee's right to remove the same, at Lessee's sole cost and expenses, as set forth below. The Premises sha ll otherwise bo returned to Lessor in the same con dition as of the date of this Lease, reasonable wear and tear excepted, Notwithsta nding the foregoing, upon any term ination or expiration of this Lease not resu lting from the default or breach of this Lease by Lessee, Lessee, at Lessee's option, shall have the right to remove any such Uti lity Installations, Trade Fixtures and Alterati ons, including Lessee Owned Alterations and/or Utility Installations, at Less ee's sole cost and expense, provided that (a) all such Util ity Installations, Trade Fixtures and Alterations, including Lessee Owned Alterations and/or Utility Install ations shall be removed by Lessee within IS days after such termination or expiration of this Lease and (b) Lessee sha ll, at its sole cost and expense, repair any damage to the Premises caused by such remova l.
<br />Lessor 's Obl igation s. Notwithstand ing anything to the contrary set forth in the Lease, Lessor shall not be requ ired to (a) remed iate or re ctify any future non-compl iance with governmental regu lations or (b) provide ADA upgrades to the Premises or the Project resulting fr om the spec ific and unique use of the Prem ises (incl uding without lim itation, the Shelter) by Lessee or resu lting from any Utility lnstal lations, Trade Fixtures and Alterations, including Lessee Owned Alterations and/or Utility Instal lations, or other alternations or improvements to the Premises , made by Lessee or Lessor, unless such remed iation or upgrades are req uired as part of the "Work" ,w set forth in. Section 62 herein below prior to occupancy of the Premises and to the extent required to permit Lessee's occupation and use of the Premises and then, such costs shall be included as part of the "Cost of the Work" as set forth in said Section 62 below. Except as otherwise specifically set forth in this Sect ion 5 5 bel ow, Lessor shall not be required to make or incur any capitnl expenditures or commence or complete any remediat ion of Hazardous Subslllnces or any non-compliance with gov ernmental regulations now In effect; provided, however, the for egoin-g is not intended to and shall not impose upon Lessee or Lessor any obl igation to remediate any Hazardous Subsmnces located on the Premi ses as of the date hereof unless such remediation is required with any work, improvements or Alterations made or being made by or on behalf of Lessee or Lessor to the Premises prior to occupancy of the Promises to the extent requ ired to permit Lessee's occupation and use of the Premises and then, such costs sha ll be included as part of the "Cost of the Work" as set fo rth in said Section 62 below, Furthermore, notwithstanding anyth ing to the contrary set forth in the Leose, it is the inlent of Lessor and Lessee that Lessor shall have no responsi bility or obligation whatsoever, for the ma intenance, repair or replacement of all or any portion of the Prem ises, Building, or Project, includi ng, without lim itation, the roof and the HV AC syste m, such responsibility and obligations being that of Lessee. Lessee shall properly use, operate and safeguard tho Premises, including, if applicable, any la ndscaping, fu rniture, fu rnishing and appli ances, and all mechan ical, electrical, boi lers, refrigerat ion equipment, gas and plumbing fixtures, HY AC and other building systems, and smoke detectors and fire alarms, and keep them ard the Premises clean, sanitary and well venti lated and all drains fre e fr om blockages or stoppages. Lessee shall be responsible to pay for all utilities, sewer charges and any roof repairs caused by Lessee's use or misuse of the roof or otherwise. Lessee shall properly insure all of the Premises and all of Lessee's and its guests', patients' and invitees' personal property. Notwi lhstan ding anything to the contrary set forth in th is Lease, Lessee is solely responsible for any and all upgrades to the existing HVAC system (includi ng, withou t limitation repair, rep lacement or additions) and any current repairs or replacem ents of the roof to accommodate and perm it Lessee's use of the Premises as a Shelter and its requi red occupancy and usage of the Premises, all of which shall be completed prior to Lessee's opening of the Shelter at the Premises, at Lessee's sole cost and expense and then, such costs shall be included as part ofthe "Cost of the Work" as set forth in said Section 62 below; provided, further, Lessee hereby affirms and agrees that (a) the current HV AC system in the Premises is acceptable to Lessee in its current condition, (b) the roof is acceptable to Lessee in its current condition, and (c) the current structural portions of the Prem ises are acceptab le to Lessee
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<br />12926447,I
<br />EXHIBIT 1
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