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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 or the Project resulting from the
<br />specific and unique use of the Premises (including without limitation, the Shelter) by Lessee or
<br />resulting from any Utility Installations, Trade Fixtures and Alterations, including Lessee Owned
<br />Alterations and/or Utility Installations, or other alternations or improvements to the Premises,
<br />made by Lessee or Lessor, unless such remediation or upgrades are required as part of the
<br />“Work” as set forth in Section 62 herein below prior to occupancy of the Premises and to the
<br />extent required to permit Lessee’s occupation and use of the Premises and then, such costs shall
<br />be included as part of the “Cost of the Work” as set forth in said Section 62 below. Except as
<br />otherwise specifically set forth in this Section 55 below, Lessor shall not be required to make or
<br />incur any capital expenditures or commence or complete any remediation of Hazardous
<br />Substances or any non-compliance with governmental regulations now in effect; provided,
<br />however, the foregoing is not intended to and shall not impose upon Lessee or Lessor any
<br />obligation to remediate any Hazardous Substances located on the Premises as of the date hereof
<br />unless such remediation is required with any work, improvements or Alterations made or being
<br />made by or on behalf of Lessee or Lessor to the Premises prior to occupancy of the Premises to
<br />the extent required to permit Lessee’s occupation and use of the Premises and then, such costs
<br />shall be included as part of the “Cost of the Work” as set forth in said Section 62 below.
<br />Furthermore, notwithstanding anything to the contrary set forth in the Lease, it is the intent of
<br />Lessor and Lessee that Lessor shall have no responsibility or obligation whatsoever, for the
<br />maintenance, repair or replacement of all or any portion of the Premises, Building, or Project,
<br />including, without limitation, the roof and the HVAC system, such responsibility and obligations
<br />being that of Lessee. Lessee shall properly use, operate and safeguard the Premises, including, if
<br />applicable, any landscaping, ftjmiture, furnishing and appliances, and all mechanical, electrical,
<br />boilers, refrigeration equipment, gas and plumbing fixtures, HVAC and other building systems,
<br />and 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 or
<br />otherwise. Lessee shall properly insure all of the Premises and all of Lessee’s and its guests’,
<br />patients’ and invitees’ personal property. Notwithstanding anything to the contrary set forth in
<br />this Lease, Lessee is solely responsible for any and all upgrades to the existing HVAC system
<br />(including, without limitation repair, replacement or additions) and any current repairs or
<br />replacements of the roof to accommodate and permit Lessee’s use of the Premises as a Shelter
<br />and its required occupancy and usage of the Premises, all of which shall be completed prior to
<br />Lessee’s opening of the Shelter at the Premises, at Lessee’s sole cost and expense and then, such
<br />costs shall be included as part of the “Cost of the Work” as set forth in said Section 62 below;
<br />provided, further, Lessee hereby affirms and agrees that (a) the current HVAC system in the
<br />Premises is acceptable to Lessee in its current condition, (b) the roof is acceptable to Lessee in its
<br />current condition, and (c) the current structural portions of the Premises are acceptable to Lessee
<br />12926447.1
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