Rent and additional rent (including without limitation all
payments set forth in Section 4.2 hereof) shall be made to Managing Agent, or to
such other person as Landlord may from time to time designate in writing.
If
any installment of rent, Fixed Rent or additional, or on account of leasehold
improvements is paid after the due date thereof, at Landlord's election, it
shall bear interest at the Prime Rate designated in the "Wall Street Journal"
plus four percent (4%) per annum, (or, if lower, the maximum rate permitted by
law) from such due date, which interest shall be immediately due and payable as
further additional rent; provided, however, Landlord hereby acknowledges and
agrees that Tenant shall have one (1) grace period of an additional five
(5) days per each calendar year of the Term before which such interest shall be
charged by Landlord.
ARTICLE V
LANDLORD'S COVENANTS
5.1
LANDLORD'S COVENANTS DURING THE TERM
Landlord covenants during the Term:
5.1.1
BUILDING SERVICES - TO FURNISH, THROUGH LANDLORD'S EMPLOYEES OR
INDEPENDENT CONTRACTORS, THE SERVICES LISTED IN EXHIBIT D;
5.1.2
ADDITIONAL BUILDING SERVICES - TO FURNISH, THROUGH LANDLORD'S
EMPLOYEES OR INDEPENDENT CONTRACTORS, REASONABLE ADDITIONAL SERVICES TO THE
BUILDING AND LOT UPON REASONABLE ADVANCE REQUEST OF TENANT, AT REASONABLE AND
COMPETITIVE RATES FROM TIME TO TIME ESTABLISHED BY LANDLORD TO BE PAID BY
TENANT;
5.1.3
REPAIRS - EXCEPT AS OTHERWISE PROVIDED IN ARTICLE VII, EXCEPT AS
RESULTING FROM TENANT'S NEGLIGENCE OR MISUSE (TO THE EXTENT INSURANCE PROCEEDS
ARE NOT AVAILABLE), EXCEPT AS RESULTING FROM SETTLING OR SAGGING WITHIN STANDARD
ENGINEERING TOLERANCE (PROVIDED THAT THE SETTLING OR SAGGING DOES NOT AFFECT THE
SURFACE OR STRUCTURAL INTEGRITY OF THE BUILDING OR IN ANY WAY MATERIALLY AFFECT
THE ORDINARY AND CUSTOMARY USE OF THE PREMISES, OR ANY PART THEREOF BY TENANT),
OR EXCEPT FOR DAMAGE OR DETERIORATION RESULTING FROM REASONABLE WEAR AND DAMAGE,
LANDLORD SHALL MAINTAIN THE STRUCTURAL INTEGRITY OF THE BUILDING, INCLUDING BUT
NOT LIMITED TO THE ROOF, EXTERIOR WALLS, AND WINDOWS AND SKYLIGHTS AND ALL
LANDLORD'S WORK PURSUANT TO THE LANDLORD'S WORK GUARANTY.
LANDLORD SHALL ALSO
BE
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RESPONSIBLE FOR (I) ALL EXTERIOR MAINTENANCE, REPAIRS AND REPLACEMENTS NECESSARY
TO KEEP IN GOOD CONDITION AND WORKING ORDER ALL COMMON AREAS OF THE BUILDING AND
THE PARK, AND THE TREES, SHRUBS, PLANTS, LANDSCAPING, PARKING AREAS (INCLUDING
THE BUILDING PARKING AREA), DRIVEWAYS AND WALKWAYS ON THE LOT OR ELSEWHERE IN
THE PARK, INCLUDING BUT NOT LIMITED TO, ALL LIGHTING AND OTHER FIXTURES AND
EQUIPMENT SERVING SUCH PARKING AREAS, DRIVEWAYS AND WALKWAYS, (II) PROVIDING THE
SERVICES AND PERFORMING THE MAINTENANCE WORK SET FORTH IN SECTION 4.2 AND
ARTICLE VII HEREOF, AND (III) PERFORMING NECESSARY REPAIRS AND REPLACEMENTS TO
MAINTAIN THE WATERTIGHT INTEGRITY OF THE BUILDING, INCLUDING BUT NOT LIMITED TO
THE ROOF, EXTERIOR WALL, WINDOWS AND SKYLIGHTS.
LANDLORD SHALL ALSO MAINTAIN,
REPAIR AND REPLACE ALL EQUIPMENT, APPLIANCES AND UTILITY SYSTEMS IN THE BUILDING
AS OF THE TERM COMMENCEMENT DATE AND AS THE SAME MAY BE REPLACED, INCLUDING,
WITHOUT LIMITATION, THE HVAC EQUIPMENT IN THE BUILDING, SUCH THAT IT