FOR THE PROVISION OF UTILITIES TO THE EXTERIOR AREAS OF THE PROJECT
AND TO THE POINT OF ENTRY IN THE BUILDING (I.E., TO THE MAIN UTILITY
DISTRIBUTION SYSTEMS LOCATED THEREIN), AND TENANT SHALL PROVIDE AND MAINTAIN THE
FACILITIES FOR THE DISTRIBUTION OF SUCH UTILITIES FROM SUCH ENTRY POINT TO THE
INTERIOR OF THE PREMISES.
LANDLORD SHALL NOT BE RESPONSIBLE FOR, AND TENANT
21
SHALL BE SOLELY RESPONSIBLE FOR, PAYING ALL THIRD PARTY UTILITY SERVICE CHARGES
FOR ALL UTILITIES CONSUMED WITHIN THE BUILDING ON AND AFTER THE LEASE
COMMENCEMENT DATE, AND WITHIN THE PROJECT FROM AND AFTER THE 10445 PREMISES
EFFECTIVE DATE, AS ARE NECESSARY FOR TENANT'S USE OF THE PREMISES, INCLUDING,
WITHOUT LIMITATION, IF APPLICABLE, ELECTRICITY, POTABLE WATER, NATURAL GAS,
SEWAGE DISPOSAL, AND SOLID WASTE DISPOSAL.
IN ADDITION TENANT SHALL BE SOLELY
RESPONSIBLE FOR PROVIDING ANY SECURITY AND JANITORIAL SERVICE REQUIRED BY
TENANT.
LANDLORD SHALL REASONABLY COOPERATE WITH TENANT, IN CONNECTION WITH
TENANT'S APPLICATION FOR AND RENEWAL OF ANY PERMITS OR AGREEMENTS WITH UTILITY
COMPANIES IN CONNECTION WITH THE PROVIDING OF UTILITY SERVICES TO THE BUILDING
ON AND AFTER THE LEASE COMMENCEMENT DATE, AND WITHIN THE PROJECT FROM AND AFTER
THE 10445 PREMISES EFFECTIVE DATE.
IN CONNECTION WITH THE FOREGOING, TENANT
SHALL DIRECTLY PAY ONE HUNDRED PERCENT (100%) OF THE THIRD-PARTY CHARGES OF ALL
SUCH UTILITIES AND SERVICES (E.G., ELECTRICITY, GAS, SEWER AND WATER UTILITIES)
ATTRIBUTABLE TO ITS USE OF THE BUILDING ON AND AFTER THE LEASE COMMENCEMENT
DATE, AND WITHIN THE PROJECT FROM AND AFTER THE 10445 PREMISES EFFECTIVE DATE,
WHICH PAYMENTS SHALL BE MADE ON OR PRIOR TO THE DATE ON WHICH THE SAME ARE DUE
TO THE APPLICABLE UTILITY AND SERVICE PROVIDERS.
6.2
TENANT MAINTAINED BUILDING SYSTEMS; HVAC.
EXCEPT WITH REGARD TO THE BUILDING STRUCTURE AND EXTERIOR PORTIONS OF THE
PROJECT WHICH SHALL BE MAINTAINED BY LANDLORD PURSUANT TO THE TCCS OF
SECTION 7.1, BELOW, TENANT SHALL MAINTAIN, REPAIR AND REPLACE ALL PREMISES
IMPROVEMENTS.
THE IMPROVEMENTS TO BE SO MAINTAINED, REPAIRED, IMPROVED AND/OR
REPLACED BY TENANT INCLUDE, WITHOUT LIMITATION, THE INTERIOR PORTION OF THE
PREMISES, (I) THE INTERIOR UTILITY SYSTEMS (SPECIFICALLY INCLUDING, WITHOUT
LIMITATION, ALL PLUMBING AND SEWER SYSTEMS AND ANY "ALTERATIONS" (AS THAT TERM
IS DEFINED IN SECTION 8.1, BELOW) THEREOF), (II) THE ROOF MEMBRANE AND
MECHANICAL, ELECTRICAL, LIFE SAFETY, PLUMBING, FIRE-SPRINKLER SYSTEMS SERVING
THE BUILDING, (III) ANY IMPROVEMENTS OR EQUIPMENT INSTALLED BY TENANT,
SPECIFICALLY INCLUDING ANY TENANT IMPROVEMENTS CONSTRUCTED PURSUANT TO THE
TENANT WORK LETTER OR ANY "ALTERATIONS" CONSTRUCTED PURSUANT TO THE TCCS OF
ARTICLE 8, (IV) THE MAIN HEATING, VENTILATING, AIR CONDITIONING ("HVAC"),AND THE
ELECTRICAL, PLUMBING AND LIFESAFETY INFRASTRUCTURE DISTRIBUTION SYSTEMS LOCATED
WITHIN THE BUILDING, (V) THE "CENTRAL PLANT AREA," AS THAT TERM IS SET FORTH IN
SECTION 29.35, AND (VI) ANY OTHER ELEMENT OF THE PROJECT NOT EXPRESSLY THE
RESPONSIBILITY OF LANDLORD PURSUANT TO THE TCCS OF SECTION 7.1 (INDIVIDUALLY, A
"BUILDING SYSTEM" AND COLLECTIVELY, THE "BUILDING SYSTEMS").
TENANT SHALL
PERFORM ITS MAINTENANCE AND REPAIR OBLIGATIONS SET FORTH IN THIS SECTION 6.2
("TENANT'S MAINTENANCE OBLIGATIONS"), AT TENANT'S SOLE, DIRECT COST.
6.3
TENANT