SUCH TIMES AND IN SUCH AMOUNTS AND PURSUANT TO
SUCH STANDARDS AS PROVIDED IN THE MANUFACTURING SERVICES AGREEMENT, INCLUDING
BUT NOT LIMITED TO THE FOLLOWING SERVICES:
(I) HEATING, VENTILATING AND AIR
CONDITIONING; (II) ALL UTILITIES, INCLUDING, WITHOUT LIMITATION, ELECTRICITY,
NATURAL GAS, TELEPHONE AND WATER BOTH FOR PRODUCTION AND FOR SANITARY USES;
(III) OIL FREE (OR CLEAN DRY) AIR, VACUUM, SPECIALTY GASES, ULTRA PURE WATER,
ACID WASTE NEUTRALIZATION SYSTEM AND ANY OTHER WASTE WATER TREATMENT SYSTEM
WITHIN THE BUILDING, (IV) JANITOR SERVICE; (V) SECURITY (VI) EXHAUST AND
ABATEMENT SYSTEMS; AND (VII) MAINTENANCE OF (A) THE STRUCTURAL ELEMENTS OF THE
BUILDING, (B) THE COMMUNICATIONS AND NETWORK WIRING SERVING THE BUILDING, (C)
THE MECHANICAL, ELECTRICAL, PLUMBING AND FIRE/LIFE SAFETY SYSTEMS SERVING THE
BUILDING IN GENERAL, (D) THE COMMON AREAS, AND (E) THE BUILDING IN GENERAL,
INCLUDING WITHOUT LIMITATION THE ROOF THEREOF.
5.2
INTERRUPTION OF SERVICES.
LANDLORD SHALL BE LIABLE TO
TENANT AS A RESULT OF THE INTERRUPTION OF ANY SERVICES PROVIDED PURSUANT TO
SECTION 5.1 ONLY (I) TO THE EXTENT THAT SUCH INTERRUPTION IS CAUSED BY LANDLORD,
ANY OF ITS AGENTS, PARTNERS, EMPLOYEES, INVITEES OR CONTRACTORS, AND (II) BY A
CLAIM BROUGHT UNDER THE MANUFACTURING SERVICES AGREEMENT, WHICH CLAIM SHALL BE
SUBJECT TO LIMITATIONS SET FORTH IN ARTICLE 12 THEREOF.
ARTICLE 6
USE; COMPLIANCE WITH LAWS
6.1
USE.
TENANT AGREES THAT IT SHALL OCCUPY AND USE THE
PREMISES ONLY FOR THE PURPOSES AS CONTEMPLATED BY THE MANUFACTURING SERVICES
AGREEMENT AND ANCILLARY USES AND FOR NO OTHER PURPOSES (THE "PERMITTED USE").
LANDLORD SHALL PROVIDE AND MAINTAIN ALL OCCUPANCY RELATED LICENSES AND PERMITS
LEGALLY NECESSARY FOR THE OPERATION OF THE BUSINESS WITHIN THE BUILDING, WHICH
EXCLUDES, WITHOUT LIMITATION, ANY INTELLECTUAL PROPERTY LICENSES RELATING TO
TENANT'S BUSINESS.
TENANT ACKNOWLEDGES THAT LANDLORD SHALL HAVE ACCESS TO AND
SHALL USE THE PREMISES AS PROVIDED IN THE MANUFACTURING SERVICES AGREEMENT.
6.2
COMPLIANCE WITH LAW. TENANT SHALL COMPLY WITH ALL
APPLICABLE LAWS AS DEFINED IN THE MASTER AGREEMENT IN ITS USE OF THE PREMISES.
4
6.3
COMPLIANCE WITH INSURANCE REQUIREMENTS.
TENANT
FURTHER AGREES TO OBEY AND FULLY COMPLY WITH ALL REQUIREMENTS AND PROVISIONS OF
ANY AND ALL INSURANCE POLICIES WHICH LANDLORD MAINTAINS, AND SHALL NOT MAKE OR
PERMIT ANY USE OF THE PREMISES, OR PERMIT TO BE DONE ANYTHING IN OR UPON THE
PREMISES OR THE BUILDING, OR BRING OR KEEP ANYTHING IN THE PREMISES OR THE
BUILDING, WHICH MAY INVALIDATE OR INCREASE THE RATE OF INSURANCE ON THE
BUILDING, ITS APPURTENANCES, CONTENTS OR OPERATIONS.
6.4
NO TENANT DUTIES.
LANDLORD ACKNOWLEDGES AND AGREES
THAT TENANT SHALL HAVE NO DUTIES OR OBLIGATIONS WITH RESPECT TO THE REPAIR
AND/OR MAINTENANCE OF THE PREMISES AND THAT, EXCEPT AS MAY BE OTHERWISE PROVIDED
IN THE MANUFACTURING SERVICES AGREEMENT, LANDLORD IS SOLELY RESPONSIBLE FOR THE
OPERATIONS WITHIN THE PREMISES.
NOTWITHSTANDING THE FOREGOING, LANDLORD
ACKNOWLEDGES AND AGREES THAT ANY OFFICER OR EMPLOYEE OF TENANT MAY, AT ANY TIME,
HAVE ACCESS TO THE PREMISES.
ARTICLE 7
TENANT'S INSURANCE AND INDEMNITY
7.1
PROPERTY INSURANCE.
EXCEPT AS SET FORTH IN SECTION
7.3, AT ITS EXPENSE, TENANT SHALL MAINTAIN