NEGLECT OF TENANT, ITS INVITEES OR
CONTRACTORS.
LANDLORD SHALL ALSO KEEP AND MAINTAIN ALL COMMON FACILITIES IN A
GOOD AND CLEAN ORDER, CONDITION AND REPAIR, FREE OF SNOW AND ICE AND
ACCUMULATION OF DIRT AND RUBBISH, SHALL PROVIDE FOR REGULAR REMOVAL OF TRASH AND
RUBBISH FROM THE PROPERTY, AND SHALL KEEP AND MAINTAIN ALL LANDSCAPED AREAS ON
THE PROPERTY IN A NEAT AND ORDERLY CONDITION.
LANDLORD SHALL NOT BE RESPONSIBLE
TO MAKE ANY IMPROVEMENTS OR REPAIRS TO THE BUILDING OTHER THAN AS EXPRESSLY IN
THIS SECTION 3.7.2 PROVIDED, UNLESS EXPRESSLY PROVIDED OTHERWISE IN THIS LEASE.
3.7.3
TENANT'S RIGHT TO SELF HELP.
IF TENANT SHALL HAVE
GIVEN WRITTEN NOTICE TO LANDLORD, AND ANY GROUND LESSOR OR MORTGAGEE OF WHOSE
IDENTITY TENANT SHALL HAVE BEEN GIVEN NOTICE, OF LANDLORD'S OBLIGATION TO
PERFORM REPAIRS FOR WHICH LANDLORD IS RESPONSIBLE UNDER THIS LEASE, AND LANDLORD
SHALL HAVE FAILED TO COMMENCE PERFORMANCE OF THE SAME WITHIN A REASONABLE TIME
PERIOD FOLLOWING TENANT'S NOTICE AS AFORESAID, TENANT MAY (BUT SHALL NOT BE
OBLIGATED TO) MAKE SUCH REPAIRS, AND LANDLORD SHALL REIMBURSE THE TENANT FOR THE
REASONABLE COST THEREOF NO LATER THAN THIRTY (30) DAYS AFTER RECEIPT OF TENANT'S
INVOICE THEREFOR (IF NOT PAID BY LANDLORD WITHIN SAID THIRTY DAYS, TOGETHER WITH
INTEREST AT THE DEFAULT RATE, FROM THE EXPIRATION OF SUCH THIRTY (30) DAY PERIOD
UNTIL PAID); PROVIDED, HOWEVER, THAT LANDLORD MAY OFFSET AGAINST ANY AMOUNTS
PAYABLE BY LANDLORD UNDER THIS SECTION ANY AMOUNTS THEN DUE AND OWING BY TENANT
UNDER THIS LEASE, BUT, IN SUCH EVENT, LANDLORD SHALL NOTIFY TENANT OF THE
OFFSET.
IF LANDLORD HAS TIMELY COMMENCED THE PERFORMANCE OF SUCH REPAIRS, BUT
FAILS TO CONTINUE DILIGENTLY TO COMPLETE THE SAME, EXCEPT TO THE EXTENT CAUSED
BY EXTERNAL CAUSES (AS DEFINED HEREIN), TENANT SHALL HAVE THE AFORESAID RIGHT TO
SELF HELP IF LANDLORD DOES NOT CURE ITS FAILURE WITHIN A REASONABLE TIME.
NOTHING IN THIS SECTION 3.7 SHALL ENTITLE TENANT TO AN ABATEMENT OR SET OFF ANY
SUCH COSTS INCURRED AGAINST THE PAYMENT OF RENT OR ANY OTHER SUMS PAYABLE TO
LANDLORD UNDER THIS LEASE.
AS USED IN
16
THIS LEASE, "EXTERNAL CAUSES" MEANS ANY OF THE FOLLOWING:
ACTS OF GOD, WAR,
CIVIL COMMOTION, FIRE, FLOOD OR OTHER CASUALTY, STRIKES OR OTHER EXTRAORDINARY
LABOR DIFFICULTIES, SHORTAGES OF LABOR OR MATERIALS OR EQUIPMENT IN THE ORDINARY
COURSE OF TRADE, GOVERNMENT ORDER OR REGULATIONS OR OTHER CAUSE NOT REASONABLY
WITHIN THE CONTROL OF THE PARTY IN QUESTION, AND NOT DUE TO THE FAULT OR NEGLECT
OF SUCH PARTY, EXCLUDING, HOWEVER, INABILITY TO PAY OBLIGATIONS AS THEY BECOME
DUE.
ARTICLE IV
TENANT'S ADDITIONAL COVENANTS
Section 4.1
Permitted Use.
Tenant agrees:
(a)
to use the Building only for general business and professional offices,
research laboratories, animal research facility/vivarium, light manufacturing,
accessory manufacturing and customary uses accessory to the foregoing (the
"Permitted Uses").
Tenant shall not use or occupy the Premises for any other
purpose without the prior written consent of the Landlord, which shall not be
unreasonably withheld or delayed as to any manufacturing or assembly use