EQUIPMENT AND OFFICE EQUIPMENT THAT ARE INSTALLED IN THE PREMISES BY, OR FOR THE
ACCOUNT OF, TENANT AND WITHOUT EXPENSE TO LANDLORD AND THAT CAN BE REMOVED
WITHOUT STRUCTURAL DAMAGE TO THE PROPERTY, AND ALL FURNITURE, FURNISHINGS AND
OTHER ARTICLES OF MOVABLE PERSONAL PROPERTY OWNED BY TENANT AND LOCATED IN THE
PREMISES (COLLECTIVELY, THE "TENANT'S PROPERTY") SHALL BE AND SHALL REMAIN THE
PROPERTY OF TENANT AND MAY BE REMOVED BY TENANT AT ANY TIME DURING THE TERM,
PROVIDED TENANT REPAIRS OR PAYS THE COST OF REPAIRING ANY DAMAGE TO THE PREMISES
OR TO THE PROPERTY RESULTING FROM THE INSTALLATION AND/OR REMOVAL THEREOF.
AT
OR BEFORE THE EXPIRATION DATE, OR THE DATE OF ANY EARLIER TERMINATION, TENANT,
AT ITS EXPENSE, SHALL REMOVE FROM THE PREMISES ALL OF TENANT'S PROPERTY AND ANY
ALTERATIONS (EXCEPT SUCH ITEMS THEREOF AS CONSTITUTE LANDLORD'S PROPERTY; OR AS
LANDLORD SHALL HAVE EXPRESSLY PERMITTED, IN WRITING, TO REMAIN, WHICH PROPERTY
SHALL BECOME THE PROPERTY OF LANDLORD), AND TENANT SHALL REPAIR ANY DAMAGE TO
THE PREMISES OR THE PROPERTY RESULTING FROM ANY INSTALLATION AND/OR REMOVAL OF
TENANT'S PROPERTY.
ANY OTHER ITEMS OF TENANT'S PROPERTY THAT SHALL REMAIN IN
THE PREMISES AFTER THE EXPIRATION DATE, OR FOLLOWING AN EARLIER TERMINATION
DATE, MAY, AT THE OPTION OF LANDLORD, BE DEEMED TO HAVE BEEN ABANDONED, AND IN
SUCH CASE, SUCH ITEMS MAY BE RETAINED BY LANDLORD AS ITS PROPERTY OR BE DISPOSED
OF BY LANDLORD, IN LANDLORD'S SOLE AND ABSOLUTE DISCRETION AND WITHOUT
ACCOUNTABILITY, AT TENANT'S EXPENSE.
18
13.
REPAIRS AND MAINTENANCE.
13.1.
TENANT REPAIRS AND MAINTENANCE.
TENANT SHALL, AT ITS
EXPENSE, THROUGHOUT THE TERM, MAINTAIN AND PRESERVE, IN THE CONDITION THE
PREMISES WAS DELIVERED TO TENANT ON THE COMMENCEMENT DATE (SUBJECT TO NORMAL AND
CUSTOMARY WEAR AND TEAR AND DAMAGES AND REPAIRS THAT ARE THE OBLIGATIONS OF
LANDLORD), THE PREMISES AND THE FIXTURES AND APPURTENANCES THEREIN (INCLUDING,
BUT NOT LIMITED TO, THE PREMISES' PLUMBING AND HVAC SYSTEMS, ALL DOORS, OVERHEAD
OR OTHERWISE, GLASS AND LEVELERS LOCATED IN THE PREMISES OR OTHERWISE AVAILABLE
IN THE PROPERTY FOR TENANT'S SOLE USE); AND EXCLUDING, HOWEVER, THOSE COMPONENTS
OF THE PREMISES FOR WHICH LANDLORD IS EXPRESSLY RESPONSIBLE UNDER SECTION 13.2.
TENANT SHALL MAINTAIN A CONTRACT FOR THE MAINTENANCE AND SERVICING (NOT LESS
THAN TWO TIMES PER CALENDAR YEAR) OF THE HVAC SYSTEMS SERVING THE PREMISES (THE
"HVAC CONTRACT").
TENANT SHALL ALSO BE RESPONSIBLE FOR ALL COSTS AND EXPENSES
INCURRED TO PERFORM ANY AND ALL REPAIRS AND REPLACEMENTS (WHETHER STRUCTURAL OR
NON-STRUCTURAL; INTERIOR OR EXTERIOR; AND ORDINARY OR EXTRAORDINARY), IN AND TO
THE PREMISES AND THE PROPERTY AND THE FACILITIES AND SYSTEMS THEREOF, IF AND TO
THE EXTENT THAT THE NEED FOR SUCH REPAIRS OR REPLACEMENTS ARISES DIRECTLY OR
INDIRECTLY FROM (A) THE PERFORMANCE OR EXISTENCE OF ANY ALTERATIONS, (B) THE
IMPROPER INSTALLATION, USE OR OPERATION OF TENANT'S PROPERTY IN THE PREMISES,
(C) THE MOVING OF TENANT'S PROPERTY IN OR OUT OF THE PROPERTY, OR (D) ANY
INTENTIONAL ACT, WILLFUL OMISSION, MISUSE, OR NEGLIGENCE OF TENANT, ANY OF ITS
SUBTENANTS, OR OTHERS ENTERING INTO THE