BALANCE OF ANY BUILDING SYSTEM, ANY ALTERATIONS,
ADDITIONS, IMPROVEMENTS OR OTHER MAINTENANCE WORK IN THE PREMISES OR IN THE
BUILDING, OR IN EXERCISING ANY RIGHT OF ACCESS INTO THE PREMISES, LANDLORD SHALL
(I) PERFORM SUCH ACTIVITY IN A MANNER AND AT A TIME OR TIMES THAT WILL MINIMIZE
INTERFERENCE WITH TENANT'S USE AND OCCUPANCY OF THE PREMISES AND THAT WILL NOT
UNREASONABLY DELAY OR INTERFERE WITH TENANT'S USE AND OCCUPANCY OF THE PREMISES
OR THE PERFORMANCE BY TENANT OF ALTERATIONS; (II) PROMPTLY REPAIR ANY DAMAGE
CAUSED BY LANDLORD; AND (III) UPON COMPLETION OF SUCH ACTIVITY, RESTORE ANY
PORTION OF THE PREMISES THAT MAY HAVE BEEN COLLATERALLY AFFECTED BY SUCH
ACTIVITY TO THE CONDITION EXISTING BEFORE SUCH ACTIVITY.
(A)
IN THE EVENT LANDLORD FAILS TO PERFORM ANY OF THE OBLIGATIONS ON
LANDLORD'S PART TO BE PERFORMED PURSUANT TO ARTICLE VIII OF THIS LEASE OR TO
REPAIR ANY LATENT DEFECTS AS REQUIRED UNDER THE WORK AGREEMENT (WHICH FAILURE
MATERIALLY AFFECTS TENANT'S ACCESS TO OR USE OF THE PREMISES) WITHIN THIRTY (30)
DAYS AFTER WRITTEN NOTICE FROM TENANT TO LANDLORD AND TO THE HOLDER OF ANY
MORTGAGE ON THE PREMISES OF WHICH LANDLORD HAS GIVEN TENANT NOTICE OR OF WHICH
TENANT HAS ACTUAL NOTICE, SPECIFYING THE NATURE OF SUCH OBLIGATION (OR IF SUCH
OBLIGATION IS OF THE TYPE WHICH CANNOT BE COMPLETED WITHIN THIRTY (30) DAYS,
THEN IF LANDLORD FAILS TO (I) COMMENCE TO PERFORM SUCH OBLIGATION WITHIN THIRTY
(30) DAYS AFTER SUCH WRITTEN NOTICE FROM TENANT AND (II) THEREAFTER PROSECUTE
THE SAME TO COMPLETION WITH DUE DILIGENCE GIVEN THE NATURE OF SUCH OBLIGATION)
(IT BEING UNDERSTOOD AND AGREED THAT, IN CONNECTION WITH THE FOREGOING, THE
MORTGAGEE MAY NEGOTIATE FOR ADDITIONAL CURE PERIODS IN ANY SUBORDINATION
AGREEMENT BETWEEN SUCH MORTGAGEE AND TENANT WITH RESPECT TO THIS LEASE), THEN
THEREAFTER AT ANY TIME PRIOR TO LANDLORD'S (OR THE HOLDER OF ANY MORTGAGE)
COMMENCING TO PERFORM SUCH OBLIGATION OR SUBSEQUENT TO LANDLORD (OR THE HOLDER
OF ANY MORTGAGE) COMMENCING TO PERFORM SUCH OBLIGATION IF LANDLORD (OR THE
HOLDER OF ANY MORTGAGE) HAS NOT PROSECUTED THE SAME TO COMPLETION WITH DUE
DILIGENCE GIVEN THE NATURE OF SUCH OBLIGATION, AND IF SUCH FAILURE TO PERFORM AN
OBLIGATION IS CONTINUING FOR TEN (10) DAYS FOLLOWING LANDLORD'S RECEIPT OF A
SECOND WRITTEN REQUEST THEREOF FOLLOWING THE EXPIRATION OF THE AFORESAID CURE
PERIODS, THEN TENANT MAY, BUT NEED NOT, PERFORM SUCH OBLIGATION AND CHARGE THE
REASONABLE OUT-OF-POCKET COST THEREOF TO LANDLORD.
IN THE EVENT OF AN EMERGENCY
INVOLVING A RISK TO LIFE OR MATERIAL DAMAGE TO PROPERTY (AS REASONABLY
DETERMINED BY LANDLORD OR TENANT), THEN THE PROVISIONS OF THIS SECTION SHALL
APPLY, EXCEPT THAT THE AFORESAID THIRTY (30)-DAY AND TEN (10)-DAY PERIODS SHALL
BE REDUCED TO SUCH SHORTER PERIODS AS MAY BE REASONABLE UNDER THE CIRCUMSTANCES,
AND IN TENANT'S NOTICE TO LANDLORD, TENANT SHALL SPECIFY WHETHER TENANT BELIEVES
THE FAILURE CONSTITUTES ANY SUCH EMERGENCY.
LANDLORD SHALL REIMBURSE TENANT FOR
THE REASONABLE OUT-OF-POCKET COSTS OF SUCH REPAIRS WITHIN THIRTY (30) DAYS
FOLLOWING LANDLORD'S RECEIPT OF COPIES OF ALL INVOICES, BILLS, RECEIPTS