BALANCING SYSTEM WHICH IS LOCATED
IN AN AREA OF THE BASEMENT OF THE BUILDING THAT IS OUTSIDE THE PREMISES (THE
"GENERAL PH SYSTEM"), IN CONNECTION WITH TENANT'S OCCUPANCY OF THE PREMISES.
TENANT'S COST AND EXPENSE IN CONNECTION WITH PROVIDING ITSELF WITH THE SERVICES
OF THE GENERAL PH SYSTEM SHALL BE STRICTLY LIMITED TO ONLY THOSE EXPENSES WHICH
WOULD BE PROPERLY CHARGED TO TENANT AS AN OPERATING EXPENSE IF LANDLORD WERE TO
PROVIDE SUCH SERVICES; ANY OTHER COSTS ASSOCIATED WITH THE PROVISION OF SUCH
SERVICES SHALL REMAIN LANDLORD'S SOLE RESPONSIBILITY.
UPON THE OCCUPANCY OF ANY
ADDITIONAL TENANTS IN THE BUILDING, LANDLORD SHALL, AS PART OF THE BUILDING
CONVERSION WORK, PROVIDE THE PREMISES WITH ITS OWN OPERATIONALLY DEDICATED PH
SYSTEM, INCLUDING WITHOUT LIMITATION ALL EQUIPMENT ASSOCIATED THEREWITH EQUAL IN
QUALITY AND SERVICEABILITY AS THE GENERAL PH SYSTEM ("PREMISES PH SYSTEM"), IN
AN AREA OF THE BASEMENT COMPRISING A PORTION OF THE PREMISES, WHICH LANDLORD
SHALL DETERMINE SUBJECT TO TENANT'S APPROVAL.
TENANT'S RIGHTS AS AFORESAID WITH
RESPECT TO THE GENERAL PH SYSTEM SHALL APPLY UNTIL THE PREMISES PH SYSTEM IS
TESTED AND FULLY OPERATIONAL AND TENANT IS CAPABLE OF USING THE PREMISES PH
SYSTEM IN CONNECTION WITH ITS OCCUPANCY OF THE PREMISES.
LANDLORD SPECIFICALLY
AGREES THAT AT NO POINT WHILE TENANT IS USING THE GENERAL PH SYSTEM SHALL ANY
OTHER TENANT OR
15
occupant of the Building be permitted to use the General pH System.
Nothing
hereinabove shall release Landlord from its obligation to provide any services
in connection with the General pH System in the event that Tenant chooses, at
any time prior to the delivery of a tested and operational Premises pH System,
to cease provision of such service to itself.
Section 3.7
Repair and Maintenance.
3.7.1
TENANT REPAIRS AND MAINTENANCE.
TENANT AGREES TO
KEEP THE PREMISES IN AS GOOD ORDER CONDITION AND REPAIR EXCEPTING ONLY THOSE
REPAIRS WHICH LANDLORD IS RESPONSIBLE UNDER THE TERMS OF THIS LEASE, REASONABLE
USE AND WEAR AND TEAR AND DAMAGE BY FIRE OR OTHER CASUALTY OR CONDEMNATION
EXCEPTED.
LANDLORD AGREES TO COOPERATE WITH TENANT TO PERMIT TENANT, TO THE
EXTENT POSSIBLE, TO OBTAIN THE BENEFIT OF ANY WARRANTIES AND GUARANTIES IN FAVOR
OF LANDLORD ON ANY PART OF THE PREMISES.
3.7.2
LANDLORD REPAIRS AND MAINTENANCE.
EXCEPT AS
OTHERWISE PROVIDED IN THIS LEASE, LANDLORD AGREES TO KEEP IN GOOD ORDER,
CONDITION AND REPAIR THE ROOF, PUBLIC AREAS, EXTERIOR WALLS (INCLUDING EXTERIOR
GLASS) AND STRUCTURE OF THE BUILDING (INCLUDING ALL PLUMBING, MECHANICAL AND
ELECTRICAL SYSTEMS INSTALLED BY LANDLORD, BUT SPECIFICALLY EXCLUDING ANY
SUPPLEMENTAL HEATING, VENTILATION OR AIR CONDITIONING EQUIPMENT OR SYSTEMS
EXCLUSIVELY SERVING THE PREMISES AND INSTALLED AT TENANT'S REQUEST OR AS A
RESULT OF TENANT'S REQUIREMENTS IN EXCESS OF BUILDING STANDARD DESIGN CRITERIA),
ALL INSOFAR AS THEY AFFECT THE PREMISES, EXCEPT THAT LANDLORD SHALL IN NO EVENT
BE RESPONSIBLE TO TENANT FOR THE REPAIR OF GLASS IN THE PREMISES, THE DOORS (OR
RELATED GLASS AND FINISH WORK) LEADING TO THE PREMISES, OR ANY CONDITION IN THE
PREMISES OR THE BUILDING CAUSED BY ANY ACT OR