WITH A
REPUTABLE SERVICE PROVIDER FOR MAINTENANCE OF THE HVAC SYSTEMS OF THE PREMISES
(THE "HVAC
11
MAINTENANCE CONTRACT").
IN ADDITION TO TENANT'S OBLIGATIONS UNDER (I) AND (II)
ABOVE, 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 FROM
ANY ACT, OMISSION, MISUSE, OR NEGLECT OF ANY OR ALL OF TENANT, ANY OF ITS
SUBTENANTS OR TENANT'S PARTIES UTILIZING ALL OR ANY PORTION OF THE PREMISES FOR
ANY REASON OR PURPOSE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO (A) THE
PERFORMANCE OR EXISTENCE OF ANY ALTERATIONS, (B) THE INSTALLATION, USE OR
OPERATION OF TENANT'S PERSONAL PROPERTY IN THE PREMISES; AND (C) THE MOVING OF
TENANT'S PERSONAL PROPERTY IN OR OUT OF THE PROPERTY (COLLECTIVELY,
"TENANT-RELATED REPAIRS").
ALL SUCH REPAIRS OR REPLACEMENTS REQUIRED UNDER THIS
SECTION 13.1.1 SHALL BE SUBJECT TO THE REASONABLE SUPERVISION AND CONTROL OF
LANDLORD, AND ALL REPAIRS AND REPLACEMENTS SHALL BE MADE WITH MATERIALS OF EQUAL
OR BETTER QUALITY THAN THE ITEMS BEING REPAIRED OR REPLACED.
13.2.
LANDLORD REPAIRS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY STATED
HEREIN, LANDLORD SHALL REPAIR, REPLACE AND RESTORE THE FOUNDATION, EXTERIOR AND
INTERIOR LOAD-BEARING WALLS, ROOF STRUCTURE AND ROOF COVERING OF THE PROPERTY
AND ANY COMMON AREAS IN MULTI-TENANT PROPERTIES; PROVIDED, HOWEVER, THAT: (I)
ALL COSTS AND EXPENSES SO INCURRED BY LANDLORD TO REPAIR AND REPLACE THE ABOVE
ITEMS SHALL CONSTITUTE OPERATING EXPENSES; PROVIDED, HOWEVER, THAT WITH RESPECT
TO ANY COSTS INCURRED IN THE REPLACEMENT CONTEXT, THOSE COSTS SHALL NOT
CONSTITUTE AN OPERATING EXPENSE EXCEPT TO THE EXTENT THAT SUCH COSTS SO QUALIFY
UNDER SECTION 3.1.1(IV); AND (II) NOTWITHSTANDING (I) ABOVE, IN THE EVENT THAT
ANY SUCH REPAIR AND REPLACEMENT IS A TENANT-RELATED REPAIR, THEN TENANT SHALL BE
REQUIRED TO REIMBURSE LANDLORD FOR ALL COSTS AND EXPENSES THAT LANDLORD
REASONABLY INCURS IN ORDER TO PERFORM SUCH TENANT-RELATED REPAIR, AND SUCH
REIMBURSEMENT SHALL BE PAID, IN FULL, WITHIN TEN (10) DAYS AFTER LANDLORD'S
DELIVERY OF DEMAND THEREFOR.
14.
UTILITIES.
TENANT SHALL PURCHASE ALL UTILITY SERVICES AND SHALL
PROVIDE FOR SCAVENGER, CLEANING AND EXTERMINATION SERVICES.
AS PROVIDED IN
SECTION 3.1.1. ABOVE, UTILITY CHARGES MAY BE INCLUDED WITHIN OPERATING EXPENSES;
NEVERTHELESS, AT LANDLORD'S ELECTION OR WITH LANDLORD'S CONSENT, (A) TENANT MAY
PAY THE UTILITY CHARGES FOR ITS PREMISES DIRECTLY TO THE UTILITY OR MUNICIPALITY
PROVIDING SUCH SERVICE, AND IN THAT EVENT ALL CHARGES SHALL BE PAID BY TENANT
BEFORE THEY BECOME DELINQUENT; AND (B) LANDLORD MAY DIRECTLY BILL TENANT FOR ITS
UTILITY EXPENSES WHEN AND AS SUCH EXPENSES ARE INCURRED, AND IN SUCH EVENT, SUCH
UTILITIES SHALL NOT BE INCLUDED IN OPERATING EXPENSES.
TENANT SHALL BE SOLELY
RESPONSIBLE FOR THE REPAIR AND MAINTENANCE OF ANY METERS NECESSARY IN CONNECTION
WITH SUCH SERVICES.
TENANT'S USE OF ELECTRICAL ENERGY IN THE PREMISES SHALL
NOT, AT ANY TIME, EXCEED