HEREBY FURTHER ACKNOWLEDGES AND AGREES THE PROPOSED MODIFICATIONS TO BAY 5B
SHALL ALSO BE DEEMED TO BELONG TO THE AUTHORITY.
TO THE EXTENT THAT, DURING THE TERM OF THIS LEASE, IT BECOMES NECESSARY TO
INSTALL AND/OR OPERATE ANY AIR POLLUTION CONTROL EQUIPMENT AT, WITHIN OR UPON
THE FACILITIES AS A RESULT OF TENANT'S OR ITS SUBTENANTS' OPERATIONS AT THE
FACILITIES, AND IF SUCH AIR POLLUTION CONTROL EQUIPMENT IS NOT A PART OF THE
FACILITIES ON THE EFFECTIVE DATE OF THIS LEASE, TENANT SHALL BE RESPONSIBLE, AT
TENANT'S COST AND EXPENSE, FOR PURCHASING, INSTALLING AND OPERATING SUCH
EQUIPMENT AND THE AUTHORITY SHALL HAVE NO RESPONSIBILITY OR LIABILITY THEREFOR.
TENANT SHALL OBTAIN THE AUTHORITY'S PRIOR WRITTEN CONSENT TO TENANT'S
INSTALLATION OF ANY SUCH EQUIPMENT AT THE FACILITIES, WHICH CONSENT SHALL NOT BE
UNREASONABLY WITHHELD. ANY SUCH EQUIPMENT THAT IS INSTALLED AT, WITHIN OR UPON
THE FACILITIES AND WHICH IS A FIXTURE SHALL BE DEEMED A PART OF THE FACILITIES
AND SHALL BELONG TO THE AUTHORITY UNLESS THE AUTHORITY OTHERWISE AGREES IN
WRITING THAT IT BELONGS TO TENANT. TENANT MAY SEEK REIMBURSEMENT FOR THE COST
AND EXPENSE IT INCURS IN PURCHASING AND INSTALLING SUCH EQUIPMENT AT THE
FACILITIES THROUGH GRANT PROCEEDS (IF ANY GRANT PROCEEDS ARE THEN AVAILABLE) OR
LEASEHOLD IMPROVEMENT CREDITS, SUBJECT TO THE TERMS AND CONDITIONS OF
SECTION 605(A) AND (C) ABOVE.
TENANT'S OBLIGATIONS UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER
TERMINATION OF THE TERM OF THIS LEASE.
SECTION 1002.
MAINTENANCE REPAIRS AND REPLACEMENTS OF AND TO
EQUIPMENT.
(A)
REPAIRS, REPLACEMENTS AND MAINTENANCE BY THE AUTHORITY.
EXCEPT TO
THE EXTENT TENANT IS RESPONSIBLE THEREFOR AS PROVIDED UNDER THIS SECTION 1002,
THE AUTHORITY SHALL, AT ITS COST AND EXPENSE, BE RESPONSIBLE DURING THE TERM OF
THIS LEASE AGREEMENT FOR PERFORMING ALL MAINTENANCE, REPAIRS, AND REPLACEMENTS
WITH RESPECT TO THE EQUIPMENT FURNISHED BY THE AUTHORITY TO TENANT (WHETHER THAT
EQUIPMENT IS FURNISHED PURSUANT TO AN ACTIVATION OR AS REPLACEMENT EQUIPMENT)
INCLUDING WITHOUT LIMITATION PREVENTIVE MAINTENANCE UPON A PERIODIC SCHEDULE IN
ACCORDANCE WITH MANUFACTURERS' RECOMMENDATIONS. THE AUTHORITY'S MAINTENANCE,
REPAIR AND REPLACEMENTS OBLIGATIONS SHALL ALSO EXTEND TO ANY EQUIPMENT FOR WHICH
TENANT RECEIVES REIMBURSEMENT FROM THE AUTHORITY THROUGH GRANTS OR LEASEHOLD
IMPROVEMENT CREDITS.
TO THE EXTENT THAT IT BECOMES NECESSARY TO REPLACE ANY
ITEM OF EQUIPMENT, THE AUTHORITY SHALL ONLY BE OBLIGATED TO REPLACE IT FROM THEN
AVAILABLE EQUIPMENT ON THE MASTER LIST OF EQUIPMENT; THE AUTHORITY SHALL IN NO
CIRCUMSTANCE BE OBLIGATED TO PURCHASE A NEW ITEM OF REPLACEMENT EQUIPMENT,
TOOLING OR OTHER PERSONAL PROPERTY. AS PART OF THE AUTHORITY'S OBLIGATIONS
HEREUNDER, THE AUTHORITY WILL PROVIDE TENANT WITH A WORKING FACILITY WITH
RE-CERTIFIED TOOLING.
FOR PURPOSES OF THE PRECEDING SENTENCE, A "WORKING
FACILITY" MEANS THAT ALL FACILITIES SYSTEMS (OTHER THAN
4
EXCLUDED SYSTEMS) AND EQUIPMENT, WHICH ARE LOCATED IN THE LEASED PREMISES AS OF
THE EFFECTIVE DATE OF THIS LEASE, SHALL BE IN GOOD WORKING ORDER AND CONDITION
IF AND WHEN THAT PORTION OF THE LEASED PREMISES TO WHICH THEY PERTAIN IS
DELIVERED TO TENANT; PROVIDED, HOWEVER, THAT DURING THE ACTIVATION