EVENT, TENANT
SHALL NOT BE LIABLE FOR PAYMENT OF ANY DUPLICATIVE ATTORNEYS' FEES INCURRED BY
ANY INDEMNITEE.
Tenant shall, upon demand, pay (or cause to be paid) to Landlord, as an
Additional Charge, any cost, expense, loss or damage (including, without
limitation, reasonable attorneys' fees) reasonably incurred by Landlord and
arising from a failure of Tenant to observe and perform (or to cause to be
observed and performed) the requirements of this Section 4.4, which amounts
shall bear interest from the date ten (10) Business Days after written demand
therefor is given to Tenant until paid by Tenant to Landlord at the Overdue
Rate.
4.4.3
SURVIVAL.
THE PROVISIONS OF THIS SECTION 4.4 SHALL
SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT.
ARTICLE 5
MAINTENANCE AND REPAIRS
5.1
MAINTENANCE AND REPAIR.
5.1.1
TENANT'S GENERAL OBLIGATIONS.
TENANT SHALL KEEP (OR
CAUSE TO BE KEPT), AT TENANT'S SOLE COST AND EXPENSE, THE LEASED PROPERTY AND
ALL PRIVATE ROADWAYS, SIDEWALKS AND CURBS
37
APPURTENANT THERETO (AND TENANT'S PERSONAL PROPERTY) IN GOOD ORDER AND REPAIR,
REASONABLE WEAR AND TEAR EXCEPTED (WHETHER OR NOT THE NEED FOR SUCH REPAIRS
OCCURS AS A RESULT OF TENANT'S OR ANY MANAGER'S USE, ANY PRIOR USE, THE ELEMENTS
OR THE AGE OF THE LEASED PROPERTY OR TENANT'S PERSONAL PROPERTY OR ANY PORTION
THEREOF), AND SHALL PROMPTLY MAKE OR CAUSE TO BE MADE ALL NECESSARY AND
APPROPRIATE REPAIRS AND REPLACEMENTS THERETO OF EVERY KIND AND NATURE, WHETHER
INTERIOR OR EXTERIOR, STRUCTURAL OR NONSTRUCTURAL, ORDINARY OR EXTRAORDINARY,
FORESEEN OR UNFORESEEN OR ARISING BY REASON OF A CONDITION EXISTING PRIOR TO THE
COMMENCEMENT OF THE TERM (CONCEALED OR OTHERWISE).
ALL REPAIRS SHALL BE MADE IN
A GOOD, WORKMANLIKE MANNER, CONSISTENT WITH INDUSTRY STANDARDS FOR COMPARABLE
FACILITIES IN LIKE LOCALES, IN ACCORDANCE WITH ALL APPLICABLE FEDERAL, STATE AND
LOCAL STATUTES, ORDINANCES, CODES, RULES AND REGULATIONS RELATING TO ANY SUCH
WORK.
TENANT SHALL NOT TAKE OR OMIT TO TAKE (OR PERMIT ANY PERSON TO TAKE OR
OMIT TO TAKE) ANY ACTION, THE TAKING OR OMISSION OF WHICH WOULD MATERIALLY AND
ADVERSELY IMPAIR THE VALUE OR THE USEFULNESS OF THE LEASED PROPERTY OR ANY
MATERIAL PART THEREOF FOR ITS PERMITTED USE.
TENANT'S OBLIGATIONS UNDER THIS
SECTION 5.1.1 SHALL BE LIMITED IN THE EVENT OF ANY CASUALTY OR CONDEMNATION AS
SET FORTH IN ARTICLE 10 AND ARTICLE 11 AND TENANT'S OBLIGATIONS WITH RESPECT TO
HAZARDOUS SUBSTANCES ARE AS SET FORTH IN SECTION 4.4.
5.1.2
LANDLORD'S OBLIGATIONS.
(A)
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN
THIS AGREEMENT, LANDLORD SHALL NOT, UNDER ANY CIRCUMSTANCES, BE REQUIRED TO
BUILD OR REBUILD ANY IMPROVEMENT ON THE LEASED PROPERTY, OR TO MAKE ANY REPAIRS,
REPLACEMENTS, ALTERATIONS, RESTORATIONS OR RENEWALS OF ANY NATURE OR DESCRIPTION
TO THE LEASED PROPERTY, WHETHER ORDINARY OR EXTRAORDINARY, STRUCTURAL OR
NONSTRUCTURAL, FORESEEN OR UNFORESEEN, OR TO MAKE ANY EXPENDITURE WHATSOEVER
WITH RESPECT THERETO, OR TO MAINTAIN THE LEASED PROPERTY IN ANY WAY.
EXCEPT AS
OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, TENANT HEREBY WAIVES, TO THE
MAXIMUM EXTENT PERMITTED BY LAW, THE RIGHT TO MAKE REPAIRS AT THE