SHALL, AT TENANT'S OWN EXPENSE, KEEP THE
PREMISES AND ALL PORTIONS THEREOF WHICH WERE NOT CONSTRUCTED OR INSTALLED BY OR
ON BEHALF OF LANDLORD AS PART OF THE BASE, SHELL AND CORE, INCLUDING ALL
IMPROVEMENTS, FIXTURES, EQUIPMENT AND FURNISHINGS IN THE PREMISES (INCLUDING,
WITHOUT LIMITATION, ALL NON-BASE, SHELL AND CORE SYSTEMS AND EQUIPMENT WITHIN
THE PREMISES, INCLUDING ALL COMPONENTS AND EQUIPMENT AND SYSTEMS PROVIDING
DISTRIBUTION FROM THE BASE, SHELL AND CORE SYSTEMS AND EQUIPMENT), IN
FIRST-CLASS ORDER, CONDITION AND REPAIR AT ALL TIMES DURING THE LEASE TERM,
EXCEPT FOR ORDINARY WEAR AND TEAR AND CASUALTY
31
DAMAGE WHICH IS NOT SPECIFICALLY MADE THE RESPONSIBILITY OF TENANT UNDER THIS
LEASE.
IN CONNECTION WITH SUCH REPAIR OBLIGATIONS, TENANT SHALL, AT TENANT'S
OWN EXPENSE BUT SUBJECT TO THE PRIOR APPROVAL OF LANDLORD TO THE EXTENT REQUIRED
UNDER ARTICLE 8 (WHICH APPROVAL SHALL NOT BE UNREASONABLY WITHHELD, CONDITIONED
OR DELAYED), AND WITHIN ANY REASONABLE PERIOD OF TIME SPECIFIED BY LANDLORD,
PROMPTLY AND ADEQUATELY REPAIR ALL DAMAGE TO THE PREMISES AND REPLACE OR REPAIR
ALL DAMAGED OR BROKEN FIXTURES AND APPURTENANCES; PROVIDED HOWEVER, IF TENANT
FAILS TO MAKE SUCH REPAIRS WITHIN THIRTY (30) DAYS AFTER NOTICE FROM LANDLORD
AND AFTER LANDLORD HAS NOTIFIED TENANT OF ITS INTENTION TO DO SO (OR IMMEDIATELY
IN CASE OF EMERGENCY AND WITHOUT NOTICE REQUIRED FROM LANDLORD TO TENANT),
LANDLORD MAY, BUT NEED NOT, MAKE SUCH REPAIRS AND REPLACEMENTS, AND TENANT SHALL
PAY TO LANDLORD, WITHIN THIRTY (30) DAYS AFTER INVOICE, THE ACTUAL, REASONABLE
AND DOCUMENTED COSTS THEREOF, PLUS AN ADMINISTRATION FEE EQUAL TO FIVE PERCENT
(5%) OF SUCH COSTS.
LANDLORD MAY, BUT SHALL NOT BE REQUIRED TO, ENTER THE
PREMISES (BUT EXCEPT DURING EMERGENCIES, LANDLORD MAY NOT ENTER SECURED AREAS,
AS DEFINED IN 23.2 OF THIS LEASE) AT ALL REASONABLE TIMES, AND UPON AT LEAST ONE
(1) BUSINESS DAY'S PRIOR NOTICE TO TENANT (OR WITHOUT NOTICE IN CASE OF
EMERGENCY), TO MAKE SUCH REPAIRS, ALTERATIONS, IMPROVEMENTS AND ADDITIONS TO THE
PREMISES OR TO THE BUILDING OR TO ANY EQUIPMENT LOCATED IN THE BUILDING AS SHALL
BE NECESSARY OR DESIRABLE IN CONNECTION WITH THE FIRST-CLASS MANAGEMENT AND
OPERATION STANDARDS FOR THE BUILDING SET FORTH HEREIN, AND/OR AS MAY BE REQUIRED
FOR LANDLORD TO COMPLY WITH THE PROVISIONS OF THIS LEASE AND/OR AS MAY BE
REQUIRED BY APPLICABLE LAWS AND/OR GOVERNMENTAL OR QUASI-GOVERNMENTAL AUTHORITY
OR COURT ORDER OR DECREE.
LANDLORD SHALL USE COMMERCIALLY REASONABLE EFFORTS TO
MINIMIZE INTERFERENCE WITH TENANT'S USE OF AND ACCESS TO THE PREMISES DURING
LANDLORD'S ENTRY INTO THE PREMISES TO PERFORM SUCH WORK PURSUANT TO THE
FOREGOING PROVISIONS OF THIS SECTION 7.1.
7.2
LANDLORD'S REPAIRS.
ANYTHING CONTAINED IN SECTION 7.1 ABOVE TO
THE CONTRARY NOTWITHSTANDING, AND SUBJECT TO ARTICLES 11 AND 13 BELOW, AT ALL
TIMES DURING THE LEASE TERM LANDLORD SHALL REPAIR AND MAINTAIN IN FIRST CLASS
ORDER, CONDITION AND REPAIR AND IN A MANNER GENERALLY CONSISTENT WITH THE
MAINTENANCE AND REPAIR STANDARDS OF COMPARABLE BUILDINGS, THE STRUCTURAL
PORTIONS OF THE BUILDING (INCLUDING, WITHOUT LIMITATION, FOUNDATIONS, EXTERIOR
WALLS, BEARING WALLS, SUPPORT BEAMS, COLUMNS, SHAFTS, ELEVATOR