SHALL UNDERTAKE THE DEFENSE,
AT TENANT'S SOLE COST AND EXPENSE, OF ANY INDEMNIFICATION DUTIES SET FORTH
HEREIN, IN WHICH EVENT, TENANT SHALL NOT BE LIABLE FOR PAYMENT OF ANY
DUPLICATIVE ATTORNEYS' FEES INCURRED BY ANY INDEMNITEE.
Tenant shall, upon demand, pay (or cause to be paid) to Landlord, as an
Additional Charge, any cost, expense, loss or damage (including, without
limitation, reasonable attorneys'
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fees) reasonably incurred by Landlord and arising from a failure of Tenant to
observe and perform (or to cause to be observed and performed) the requirements
of this Section 4.4, which amounts shall bear interest from the date ten
(10) Business Days after written demand therefor is given to Tenant until paid
by Tenant to Landlord at the Overdue Rate.
4.4.3
SURVIVAL. THE PROVISIONS OF THIS
SECTION 4.4 SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS
AGREEMENT.
ARTICLE 5
MAINTENANCE AND REPAIRS
5.1
MAINTENANCE AND REPAIR.
5.1.1
TENANT'S GENERAL OBLIGATIONS. TENANT SHALL
KEEP (OR CAUSE TO BE KEPT), AT TENANT'S SOLE COST AND EXPENSE, THE LEASED
PROPERTY AND ALL PRIVATE ROADWAYS, SIDEWALKS AND CURBS APPURTENANT THERETO (AND
TENANT'S PERSONAL PROPERTY) IN GOOD ORDER AND REPAIR, REASONABLE WEAR AND TEAR
EXCEPTED (WHETHER OR NOT THE NEED FOR SUCH REPAIRS OCCURS AS A RESULT OF
TENANT'S OR ANY MANAGER'S USE, ANY PRIOR USE, THE ELEMENTS OR THE AGE OF THE
LEASED PROPERTY OR TENANT'S PERSONAL PROPERTY OR ANY PORTION THEREOF), AND SHALL
PROMPTLY MAKE OR CAUSE TO BE MADE ALL NECESSARY AND APPROPRIATE REPAIRS AND
REPLACEMENTS THERETO OF EVERY KIND AND NATURE, WHETHER INTERIOR OR EXTERIOR,
STRUCTURAL OR NONSTRUCTURAL, ORDINARY OR EXTRAORDINARY, FORESEEN OR UNFORESEEN
OR ARISING BY REASON OF A CONDITION EXISTING PRIOR TO THE COMMENCEMENT OF THE
TERM (CONCEALED OR OTHERWISE). ALL REPAIRS SHALL BE MADE IN A GOOD, WORKMANLIKE
MANNER, CONSISTENT WITH INDUSTRY STANDARDS FOR COMPARABLE FACILITIES IN LIKE
LOCALES, IN ACCORDANCE WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL STATUTES,
ORDINANCES, CODES, RULES AND REGULATIONS RELATING TO ANY SUCH WORK. TENANT SHALL
NOT TAKE OR OMIT TO TAKE (OR PERMIT ANY PERSON TO TAKE OR OMIT TO TAKE) ANY
ACTION, THE TAKING OR OMISSION OF WHICH WOULD MATERIALLY AND ADVERSELY IMPAIR
THE VALUE OR THE USEFULNESS OF THE LEASED PROPERTY OR ANY MATERIAL PART THEREOF
FOR ITS PERMITTED USE. TENANT'S OBLIGATIONS UNDER THIS SECTION 5.1.1 SHALL BE
LIMITED IN THE EVENT OF ANY CASUALTY OR CONDEMNATION AS SET FORTH IN ARTICLE 10
AND ARTICLE 11 AND TENANT'S OBLIGATIONS WITH RESPECT TO HAZARDOUS SUBSTANCES ARE
AS SET FORTH IN SECTION 4.4.
5.1.2
LANDLORD'S OBLIGATIONS.
(A)
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN
THIS AGREEMENT, LANDLORD SHALL NOT, UNDER ANY CIRCUMSTANCES, BE
29
REQUIRED TO BUILD OR REBUILD ANY IMPROVEMENT ON THE LEASED PROPERTY, OR TO MAKE
ANY REPAIRS, REPLACEMENTS, ALTERATIONS, RESTORATIONS OR RENEWALS OF ANY NATURE
OR DESCRIPTION TO THE LEASED PROPERTY, WHETHER ORDINARY OR EXTRAORDINARY,
STRUCTURAL OR NONSTRUCTURAL, FORESEEN OR UNFORESEEN, OR TO MAKE ANY EXPENDITURE
WHATSOEVER WITH RESPECT THERETO, OR TO MAINTAIN THE LEASED PROPERTY IN ANY WAY.
EXCEPT AS OTHERWISE EXPRESSLY