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7.1 Lessee's Obligations
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<br /> (a) In General. Subject to the provisions of Paragraph 2.2 (Condition), 2.3 (Compliance). 6.3 (Lessee's Compliance with
<br /> Applicable Requirements), 7.2 (Lessor's Obligations), 9 (Damage or Destruction), and 14 (Condemnation), Lessee shall, at Lessee's sole expense.
<br /> keep the Premises, Utility Installations (intended for Lessee's exclusive use, no matter where located), and Alterations in good order, condition and
<br /> repair{whether or not the portion of the Premises requiring repairs,or the means of repairing the same,are reasonably or readily accessible to Lessee
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<br /> and whether or not the need for such repairs occurs as a result of Lessee's use,any prior use,the elements or the age of such portion of the Premises).
<br /> including, but not limited to, all equipment or facilities,Sch as plumbing. HVAC equipment, electrical, lighting facilities, boilers, pressure vessels.
<br /> fixtures, interior walls. interior surfaces of exterior walls,"ceilings, floors, windows. doors, plate glass. and skylights but excluding any items which are
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<br /> the responsibility of Lessor pursuant to Paragraph 7.2, Les:see,in keeping the Premises in good order, condition and repair,shall exercise and perform
<br /> good maintenance practices, specifically including [tie procurement and maintenance of the service contracts required by Paragraph 7.1(b) below.
<br /> Lessee's obligations shall include restorations, replacements or renewals when necessary to keep the Premises and all improvements thereon ora part
<br /> thereof in good order,condition and state of repair.
<br /> (b) Service Contracts. Lessee shall, at Lessee's sole expense, procure and maintain contracts with copies to Lessor, in
<br /> customary form and substance for, and with contractors specializing and experienced in the maintenance of the following equipment and
<br /> improvements, if any,if and when installed on the Premises: (I)HVAC equipment,(ii)boiler and pressure vessels. and(iii)clarifiers. However, Lessor
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<br /> reserves the right. upon notice to Lessee, to procure and maintain any or all of such service contracts, and Le=see shall reimburse Lessor, upon
<br /> demand,for the cost thereof.
<br /> (c) Failure to Perform. if Lessee fails to perform Lessee's obligations under this Paragraph 7.1,Lessor may enter upon the
<br /> Premises after 10 days' prior written notice to Lessee (except in the case of an emergency, in which case no notice shall be required), perform such
<br /> obligations on Lessee's behalf,and put the Premises in good order,condition and repair,and Lessee shall promptly pay to Lessor a sum equal to 115%
<br /> of the cost thereof. 11
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<br /> (d) Replacement. Subject to Lessee's indemnification of Lessor as set forth in Paragraph 6.7 below• and without relieving
<br /> Lessee of liability resulting from Lessee's failure to exercise and perform good maintenance practices, if an item described in Paragraph 7.1(b)cannot
<br /> he repaired other than at a cost which is in excess of 50%rof the cost of replacing such item, then such item shall he replaced by Lessor, and She cost
<br /> thereof shall be prorated between the Parties and Lessee'shall only be obligated to pay. each month during the remainder of the term of this Lease, on
<br /> the date on which Base Rent is due,an amount equal to the product of multiplying the cost of such replacement by a fraction, the numerator of which is
<br /> one,and the denominator of which is 144 1 11144th cf•the cost per month). Lessee shall pay Interest on the unamortized balance but may prepay its
<br /> obligation at any time.
<br /> 7.2 Lessor's Obligations. Subject to the provisions of Paragraphs 2.2 (Condition), 2.3 (Compliance). 4.2 (Common Area Operating
<br /> Expenses), 6 (Use), 7.1 (Lessee's Obligations), 9 (Damage or Destructions and 14 (Condemnation), Lessor. sublect to reimbursement pursuant to
<br /> Paragraph 4.2.shall keep in good order, condition and reY,pair the foundations. exterior walls, structural condition of interior bearing walls, exterior roof.
<br /> fire sprinkler system, Common Area fire alarm andlor,tsmoke detection systems, fire hydrants, parking lots. walkways, parkways, driveways,
<br /> landscaping, fences, signs and utility systems serving the Common Areas and all parts thereof, as well as providing the service$ for which there is a
<br /> Common Area Operating Expense pursuant to Paragraph 4.2. Lessor shall not be obligated to paint the exterior or interior surfaces of exterior walls nor
<br /> shall Lessor be obligated to maintain, repair or replace windows, doors or plate glass of the Premises. Lessee expressly waives the benefit of any
<br /> statute now or hereafter in effect to the extent it is inconsislent with the terms of this Lease.
<br /> 7,3 Utility Installations; Trade Fixtures; Alterations.
<br /> (a) Definitions. The term "Uiihity Installations" refers to all Floor and window coverings air andlor vacuum lines, power
<br /> panels, electrical distribution, security and fire protection systems, communication cabling, lighting fixtures, HVAC equipment, plumbing,and fencing in
<br /> or on the Premises. The term "Trade Fixtures"shall mean Lessee's machinery an
<br /> d equipment that can be removed without doing materia}damage to
<br /> the Premises. The term "Alterations" shall mean any modification of the improvements, other than Utility Installations or Trade Fixtures: whether by
<br /> addition or deletion. "Lessee Owned Alterations and/or'Utility Installations" are defined as Alterations and/or Utility Installations made by Lessee
<br /> that are not yet owned by Lessor pursuant to Paragraph 7:4(a).
<br /> (b) Consent. Lessee shall nol'make any Alterations or Utility Installations to the Premises without Lessor's prior written
<br /> consent. Lessee may, however, make non-structural Alterations or Utility Installations to the interior of the Premises(excluding the roof)without such
<br /> consent but upon notice to Lessor, as long as they are not visible from the outside, do not involve puncturing, relocating or removing the roof or any
<br /> existing walls,will not affect the electrical, plumbing. HVAC, and/or life safety systems,and the cumulative cost thereof during this Lease as extended
<br /> does not exceed a sum equal to 3 month's Base Rent in the aggregate or a sum equal to one month's Base Rent in any one year. Notwithstanding the
<br /> foregoing.Lessee shall not make or permit arty roof penetrations and/or install anything on the roof without the prior written approval of Lessor. Lessor
<br /> may. as a precondition to granting such approval, require{'Lessee to utilize a contractor chosen andlor approved by Lessor. Any Alterations or Utility
<br /> Installations that Lessee shalt desire to make and which require the consent of the Lessor shall be presented to Lessor in written form with detailed
<br /> plans. Consent shall be deemed conditioned upon Lessee's: (i)acquiring all applicable governmental permits, (if)furnishing Lessor with copies of both
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<br /> he .permits and the plans and specifications prior to commencement of the work, and (iii) Compliance with all conditions of said permils and other
<br /> Applicable Requirements in a prompt and expeditious manner. Any Alterations or Utility Installations shall be performed in a workmanlike manner:^rilh
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<br /> INIffALS
<br /> INITIALS
<br /> 01999-AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM MTN-14.2113E
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