BY THIS ARTICLE VII, WHICH REQUEST
STATES IN BOLD CAPITAL LETTERS THAT THE REQUEST WILL BE DEEMED APPROVED IN
ACCORDANCE WITH ARTICLE VII OF THE LEASE IF LANDLORD FAILS TO RESPOND IN FIFTEEN
(15) BUSINESS DAYS.
IF LANDLORD FAILS TO RESPOND TO TENANT WITHIN SUCH FIFTEEN
(15)-BUSINESS DAY PERIOD, THEN LANDLORD SHALL BE DEEMED TO HAVE APPROVED SUCH
SUBLEASE OR ASSIGNMENT, SUBJECT TO THE TERMS AND CONDITIONS OF LANDLORD'S
STANDARD CONSENT FORM, WHICH IS ATTACHED HERETO AS EXHIBIT K.
THE PARTIES
HEREBY AGREE THAT LANDLORD'S THIRTY-(30) DAY RECAPTURE PERIOD SHALL RUN
CONCURRENTLY WITH THE FIFTEEN (15) BUSINESS DAY PERIOD SPECIFIED ABOVE PROVIDED
TENANT DELIVERS WITH ITS INITIAL NOTICE OF ITS INTENT TO ASSIGN OR SUBLEASE
SUFFICIENT INFORMATION ABOUT THE PROPOSED SUBTENANT TO ENABLE LANDLORD TO MAKE
THE DETERMINATION CALLED FOR IN THIS ARTICLE VII.
TENANT'S MAINTENANCE AND REPAIRS
SUBJECT TO THE PROVISIONS OF SECTION 8.3, TENANT WILL KEEP AND MAINTAIN
THE PREMISES AND ALL FIXTURES AND EQUIPMENT LOCATED THEREIN IN CLEAN, SAFE AND
SANITARY CONDITION, WILL TAKE GOOD CARE THEREOF AND MAKE ALL REQUIRED REPAIRS
THERETO, AND WILL SUFFER NO WASTE OR INJURY THERETO.
AT THE EXPIRATION OR OTHER
TERMINATION OF THE LEASE TERM, TENANT SHALL SURRENDER THE PREMISES, BROOM CLEAN,
IN THE SAME ORDER AND CONDITION IN WHICH THEY ARE IN ON THE LEASE COMMENCEMENT
DATE (OR, IF LATER, SUBSTANTIAL COMPLETION OF THE LEASEHOLD WORK), PERMITTED
ALTERATIONS, ORDINARY WEAR AND TEAR AND UNAVOIDABLE DAMAGE BY THE ELEMENTS
EXCEPTED AND EXCEPT AS OTHERWISE PROVIDED IN ARTICLE XVII (DAMAGE AND
DESTRUCTION) AND ARTICLE XVIII (CONDEMNATION).
LANDLORD, AT ITS COST, SHALL
PROVIDE AND INSTALL ALL REPLACEMENT FLUORESCENT TUBES FOR BUILDING STANDARD
LIGHT FIXTURES; ALL OTHER BULBS, TUBES AND LIGHTING FIXTURES FOR THE PREMISES
SHALL BE PROVIDED AND INSTALLED BY LANDLORD AT TENANT'S COST AND EXPENSE.
EXCEPT AS OTHERWISE PROVIDED IN ARTICLE XVII OR SECTION 13.4 HEREOF, ALL
INJURY, BREAKAGE AND DAMAGE TO THE PREMISES SHALL BE REPAIRED BY AND AT THE SOLE
EXPENSE OF TENANT, EXCEPT THAT LANDLORD SHALL HAVE THE RIGHT, AT ITS OPTION, TO
MAKE SUCH REPAIRS AND TO CHARGE TENANT FOR ALL COSTS AND EXPENSES REASONABLY
INCURRED IN CONNECTION THEREWITH AS ADDITIONAL RENT HEREUNDER; PROVIDED THAT,
WITH RESPECT TO ANY SUCH INJURY, BREAKAGE OR DAMAGE TO THE PREMISES ONLY,
LANDLORD SHALL NOT, EXCEPT IN CASE OF AN EMERGENCY, HAVE THE RIGHT TO MAKE SUCH
REPAIRS AND CHARGE TENANT THEREFOR UNLESS TENANT FAILS TO COMMENCE SUCH REPAIRS
WITHIN TEN (10) DAYS AFTER THE DATE THE DAMAGE OCCURS (OR SUCH SHORTER PERIOD AS
MAY BE REASONABLE GIVEN THE NATURE OF THE DAMAGE) OR TENANT FAILS THEREAFTER TO
PROMPTLY AND DILIGENTLY PROSECUTE SUCH REPAIRS TO COMPLETION IN ACCORDANCE WITH
THE REQUIREMENTS OF THIS LEASE).
THE LIABILITY OF TENANT FOR SUCH COSTS AND
EXPENSES SHALL BE REDUCED BY THE AMOUNT OF ANY INSURANCE PROCEEDS RECEIVED BY
LANDLORD FROM LANDLORD'S AND/OR TENANT'S INSURER ON ACCOUNT OF SUCH INJURY,
BREAKAGE OR DAMAGE
(OR SUCH PROCEEDS AS WOULD HAVE BEEN AVAILABLE IF LANDLORD
CARRIED ALL INSURANCE REQUIRED TO BE CARRIED BY LANDLORD HEREUNDER).
NOTWITHSTANDING ANYTHING CONTAINED