CONSENT TO ANY ALTERATIONS, LANDLORD SHALL HAVE THE RIGHT TO
REQUIRE IN WRITING THAT SUCH ALTERATIONS BE REMOVED FROM THE PREMISES UPON THE
EXPIRATION OR SOONER TERMINATION OF THIS LEASE; PROVIDED, HOWEVER, THAT IN NO
EVENT SHALL TENANT BE REQUIRED TO REMOVE ANY ALTERATIONS
19
EXISTING AT THE PREMISES AS OF THE COMMENCEMENT DATE, AND TENANT MAY REMOVE
TENANT'S PROPERTY AS DESCRIBED UNDER PARAGRAPH 14.02.
ARTICLE XII
MAINTENANCE AND REPAIRS OF PREMISES
12.01
MAINTENANCE BY TENANT.
SUBJECT TO THE PROVISIONS OF PARAGRAPHS XXI
AND XXII, AND EXCEPT TO THE EXTENT OF THE MAINTENANCE OBLIGATIONS OF LANDLORD
EXPRESSLY PROVIDED IN PARAGRAPH 12.02, TENANT AGREES TO KEEP AND MAINTAIN IN A
FIRST CLASS CONDITION, AT ITS SOLE EXPENSE, ALL ASPECTS OF THE BUILDINGS AND THE
PROJECT, INCLUDING THE COMMON AREAS THEREOF, INCLUDING, WITHOUT LIMITATION, THE
FOLLOWING: (I) INTERIOR GLASS, INTERIOR DOORS (DOOR FRAMES AND DOOR CLOSERS),
INTERIOR LIGHTING (INCLUDING, WITHOUT LIMITATION, LIGHT BULBS AND BALLASTS), ALL
COMMUNICATIONS SYSTEMS SERVING THE PREMISES, TENANT'S SIGNAGE, ALL INTERIOR
LEASEHOLD IMPROVEMENTS, INTERIOR PAINTING AND INTERIOR WALLS AND FLOORS DATA
CENTER, EMPLOYEE CAFETERIA, AND EMPLOYEE GYM, (II) EXTERIOR WINDOWS, WINDOW
FRAMES, WINDOW CASEMENTS, SKYLIGHTS, EXTERIOR DOORS (DOOR FRAMES AND DOOR
CLOSERS), EXTERIOR LIGHTING, THE SYSTEMS, PAVEMENT, LANDSCAPING, INTERNAL
BUILDING AND LANDSCAPING SPRINKLER SYSTEMS, DOWN SPOUTS, GUTTERS, SIDEWALKS,
DRIVEWAYS, CURBS, AND LIGHTING SYSTEMS, (III) FURNISHING OF
ALL EXPENDABLES,
INCLUDING LIGHT BULBS, PAPER GOODS AND SOAPS, USED IN THE PREMISES AND THE
PROJECT, AND (IV) ALL OF TENANT'S SECURITY SYSTEMS IN OR ABOUT OR SERVING THE
PREMISES.
TENANT SHALL DURING THE ENTIRETY OF THE TERM BE RESPONSIBLE FOR THE
OPERATION AND MAINTENANCE OF THE EMPLOYEE CAFETERIA AND ANY EMPLOYEE GYM AND
OTHER SIMILAR FACILITIES, AT TENANT'S SOLE COST AND EXPENSE, NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN.
12.02
MAINTENANCE BY LANDLORD.
LANDLORD AGREES TO KEEP AND MAINTAIN IN A
FIRST CLASS CONDITION THE FOUNDATION, THE FOOTINGS, THE FLOOR SLAB, THE
STRUCTURE OF THE BUILDINGS, AND THE ROOF (STRUCTURE AND MEMBRANE) OF THE
BUILDINGS.
IN THE EVENT ANY OF LANDLORD'S OBLIGATIONS UNDER THIS
PARAGRAPH 12.02 INCLUDE THE MAKING OF REPAIRS, REPLACEMENTS OR IMPROVEMENTS
WHICH WOULD CUSTOMARILY BE CAPITALIZED UNDER INDUSTRY STANDARD COMMERCIAL REAL
ESTATE ACCOUNTING PRACTICES, THEN LANDLORD SHALL NOT MAKE THE SAME UNLESS TO DO
SO WOULD BE CONSISTENT WITH INSTITUTIONAL ASSET MANAGEMENT PRACTICES.
NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH 12.01, IN THE EVENT THAT, AT ANY
TIME DURING THE TERM, REPLACEMENT OF THE HVAC UNIT LOCATED ON THE ROOF OF ANY
BUILDING IS APPROPRIATE UNDER INSTITUTIONAL ASSET MANAGEMENT PRACTICES, LANDLORD
SHALL, AT TENANT'S WRITTEN REQUEST, PERFORM WORK RELATING TO THE REPLACEMENT
THEREOF, AND THE EXPENSES OF WHICH TENANT PAYS ITS PROPORTIONATE SHARE PURSUANT
TO PARAGRAPH IV SHALL INCLUDE THE COSTS AND EXPENSES INCURRED BY LANDLORD IN
CONNECTION THEREWITH, AMORTIZED OVER THE USEFUL LIFE OF THE REPLACEMENT UNIT
DETERMINED IN ACCORDANCE WITH INSTITUTIONAL ASSET MANAGEMENT PRACTICES, ON A
STRAIGHT-LINE BASIS WITH AN INTEREST FACTOR APPROPRIATE UNDER SUCH PRACTICES;
PROVIDED, HOWEVER, THAT IN THE CASE THAT ANY CAPITAL EXPENDITURE MADE PURSUANT
TO PARAGRAPH 4.03.1(II) IS AMORTIZED OVER A PERIOD SHORTER