SUBROGATION
ENDORSEMENT FROM ITS INSURANCE CARRIER WITH RESPECT TO SUCH ALL-RISK PROPERTY
COVERAGE.
SUBJECT TO THE FOREGOING SENTENCE, AND INSOFAR AS MAY BE PERMITTED BY
THE TERMS OF THE INSURANCE POLICIES CARRIED BY IT, AND NOTWITHSTANDING ANY
PROVISION OF THIS LEASE TO THE CONTRARY, LANDLORD HEREBY RELEASES TENANT AND
TENANT'S AGENTS WITH RESPECT TO ANY CLAIM TENANT MAY HAVE AGAINST LANDLORD OR
LANDLORD'S AGENTS WHICH IS INSURED AGAINST UNDER LANDLORD'S PROPERTY ALL-RISK
INSURANCE POLICY, OR WOULD BE INSURED AGAINST BY SUCH POLICY IF LANDLORD CARRIED
SUCH ALL-RISK PROPERTY INSURANCE (WHETHER OR NOT LANDLORD IS, IN FACT THEN
CARRYING SUCH REQUIRED INSURANCE), REGARDLESS OF WHETHER THE ACT OR OMISSION OF
TENANT OR TENANT'S AGENTS CAUSED OR CONTRIBUTED TO SUCH LOSS.
IN THE EVENT
LANDLORD IS A SELF-INSURER OR MAINTAINS A DEDUCTIBLE, THEN LANDLORD HEREBY
RELEASES TENANT AND TENANT 'S AGENTS FROM ANY LIABILITY ARISING FROM ANY EVENT
WHICH WOULD HAVE BEEN COVERED HAD THE REQUIRED INSURANCE BEEN OBTAINED.
LANDLORD ALSO AGREES TO CARRY AND MAINTAIN (OR CAUSE TO BE CARRIED AND
MAINTAINED) COMMERCIAL GENERAL LIABILITY INSURANCE WITH RESPECT TO THE COMMON
AREAS IN LIMITS LANDLORD OR ITS MORTGAGEE REASONABLY DEEMS APPROPRIATE, BUT IN
NO EVENT WITH LIMITS LESS THAN REQUIRED FOR TENANT PURSUANT TO SECTION
13.1(A)(1) HEREIN.
ARTICLE XIV
SERVICES AND UTILITIES
14.1
LANDLORD AGREES TO FURNISH:
(A)
HEATING, VENTILATING AND AIR CONDITIONING TO THE PREMISES AND
INTERIOR COMMON AREAS DURING BUILDING HOURS (EXCEPT ON BUILDING HOLIDAYS) IN THE
SEASONS WHEN, AS THE CASE MAY BE, AIR CONDITIONING OR HEATING IS REQUIRED, IN
ACCORDANCE WITH EXHIBIT G ATTACHED HERETO;
(B)
JANITORIAL SERVICE TO THE PREMISES MONDAYS THROUGH FRIDAYS,
EXCLUDING BUILDING HOLIDAYS, IN ACCORDANCE WITH THE SPECIFICATIONS CONTAINED IN
EXHIBIT E ATTACHED HERETO AND MADE A PART HEREOF;
(C)
HOT AND COLD WATER IN PUBLIC RESTROOMS, WATER FOUNTAINS AND
CONVENIENCE KITCHENS FOR EMPLOYEE USE ONLY FOR ORDINARY DRINKING AND LAVATORY
PURPOSES;
(D)
ELECTRICITY TO THE PREMISES AS AND TO THE EXTENT PROVIDED IN
SECTION 14.5 BELOW;
(E)
MAINTENANCE OF THE BUILDING SPRINKLER SYSTEM;
(F)
GENERAL BUILDING ADMINISTRATION; AND
F-31
(G)
ELEVATOR SERVICE TO THE FLOOR(S) OF THE BUILDING ON WHICH THE
PREMISES IS LOCATED (WITH AT LEAST ONE [1] ELEVATOR IN OPERATION AT ALL TIMES).
In addition, Landlord will otherwise operate, maintain, repair and clean (or
cause to be operated, maintained, repaired and cleaned) the Common Areas in
reasonably good order and condition consistent with first class office buildings
in the Geographic Area, including, but not limited to, (i) parking lot cleaning,
repair and snow removal from parking areas and sidewalks; and (ii) maintenance
of exterior landscaping.
All costs incurred by Landlord in furnishing the
foregoing services shall be included in Operating Charges (except for the cost
of providing electric service to the Premises, which is addressed in Section
14.5 below).
14.2
IF TENANT REQUIRES AIR-CONDITIONING OR HEATING BEYOND BUILDING
HOURS, LANDLORD WILL FURNISH SAME, PROVIDED TENANT GIVES LANDLORD SUFFICIENT
ADVANCE NOTICE OF THE NEED THEREFOR AND TENANT AGREES TO PAY, IN EACH INSTANCE
OF AFTER-HOURS SERVICE, AN "AFTER-HOURS HVAC CHARGE"