As a general rule, the tenant assumes the majority of obligations to repair and maintain the demised
Article 35 of the REBNY Lease, which refers to adjacent excavation, grants the party causing such excavation permission to enter the demised
premises "without any claim for damages or indemnity against Owner, or diminution or abatement of rent." So as to avoid potential claims arising out of the erection of scaffolding in front of a landlord's building, Article 35 should be modified and expanded to cover this issue.
In that case, Article 2 of the lease provided that "the tenant shall use and occupy the demised
premises for sale of comic books, toys, posters, books, solely." In addition, a rider to the lease stated that any use by the tenant for any other purpose "shall be deemed a default...