this Lease is interrupted, and such interruption renders the
Premises untenantable, or any portion thereof is reasonably inaccessible by
Tenant or makes it impracticable for Tenant to conduct its business in the
Premises, then if such interruption or cessation shall continue for a period of
thirty (30) consecutive days after notice thereof from Tenant to Landlord that
the Premises are untenantable, or reasonably inaccessible, or Tenant cannot
conduct its business as a result thereof, then the Fixed Rent and additional
rent shall be proportionately abated for each successive day such interruption
or cessation continues based upon that certain portion of the Premises that are
affected by such interruption (other than for reasons of casualty or eminent
domain where the provisions of Article VII shall govern).
Except as set forth in this Section 5.2 or in Article VII, the foregoing rights
shall be Tenant's sole remedy at law or in equity for any interruptions
described in this Section 5.2.
ARTICLE VI
TENANT'S COVENANTS
6.1
TENANTS COVENANTS DURING THE TERM
Tenant covenants during the Term:
6.1.1
TENANT'S PAYMENTS - TO PAY WHEN DUE (A) ALL FIXED RENT AND
ADDITIONAL RENT, (B) ALL TAXES WHICH MAY BE IMPOSED ON TENANT'S PERSONAL
PROPERTY IN THE PREMISES (INCLUDING, WITHOUT LIMITATION, TENANT'S FIXTURES AND
EQUIPMENT) SUBJECT, HOWEVER, TO TENANT'S RIGHT TO CONTEST AND SEEK ABATEMENT
THEREOF, (C) DIRECTLY TO THE UTILITY PROVIDER (IF NOT PAYABLE TO LANDLORD), ALL
CHARGES BY PUBLIC UTILITY FOR TELEPHONE AND OTHER UTILITY SERVICES (INCLUDING
SERVICE INSPECTIONS THEREFOR AND THE CHARGES AS MAY BE IMPOSED PURSUANT TO
EXHIBIT D HEREOF) RENDERED TO THE PREMISES NOT OTHERWISE REQUIRED HEREUNDER TO
BE FURNISHED BY LANDLORD WITHOUT CHARGE AND NOT CONSUMED IN CONNECTION WITH ANY
SERVICES REQUIRED TO BE FURNISHED BY LANDLORD WITHOUT CHARGE, AND (D) AS
ADDITIONAL RENT, ALL REASONABLE CHARGES OF LANDLORD FOR SERVICES RENDERED
PURSUANT TO SECTION 5.1.1, 5.1.2, 5.1.3, 5.1.5, 5.1.6 AND 5.1.10 HEREOF;
6.1.2
REPAIRS AND YIELDING UP - EXCEPT AS OTHERWISE PROVIDED IN
ARTICLE VII AND SECTION 5.1.3, AND REASONABLE WEAR AND DAMAGE OR DESTRUCTION BY
CASUALTY OR EMINENT DOMAIN EXCEPTED, TO KEEP THE INTERIOR, NON-STRUCTURAL AND
NON-BUILDING SYSTEM ELEMENTS OF THE PREMISES AND ALL FIXTURES THEREON AND
THEREIN IN GOOD REPAIR, OPERATING CONDITION AND WORKING ORDER, AT TENANT'S COST
AND EXPENSE; TO MAKE AND PERFORM OR CAUSE TO BE MADE OR PERFORMED ALL INTERIOR
MAINTENANCE, REPAIRS AND REPLACEMENTS NECESSARY TO KEEP THE PREMISES IN SUCH
CONDITION, INCLUDING, WITHOUT LIMITATION, BY THEIR INCLUSION, INTERIOR
REPAINTING AND
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REPLACEMENT OF INTERIOR GLASS DAMAGED OR BROKEN (EXCEPT THAT IF EXTERIOR GLASS
IS DAMAGED OR BROKEN DUE TO ANY ACT OR OMISSION ON THE PART OF TENANT, ITS
SUBTENANTS, CONTRACTORS, LICENSEES OR OTHER PARTY ACTING ON BEHALF OF TENANT,
THEN LANDLORD SHALL BE RESPONSIBLE TO REPAIR AND/OR REPLACE SUCH DAMAGED OR
BROKEN GLASS, AT TENANT'S SOLE COST AND EXPENSE) AND OF FLOOR AND WALL COVERINGS
TORN OR DAMAGED.
SUCH TENANT REPAIR, MAINTENANCE AND REPLACEMENT OBLIGATIONS
SHALL BE PERFORMED AT TENANT'S COST AND EXPENSE, AND SHALL INCLUDE, BUT NOT BE
LIMITED TO,