REPAIRS TO THE PREMISES FOR MORE THAN FIFTEEN (15) DAYS
AFTER NOTICE FROM LANDLORD, PLUS SUCH ADDITIONAL TIME UP TO NINETY (90) DAYS AS
IS NECESSARY AS LONG AS TENANT DILIGENTLY PURSUES ANY SUCH REPAIR (ALTHOUGH
NOTICE SHALL NOT BE REQUIRED IN AN EMERGENCY), LANDLORD MAY MAKE THE REPAIRS,
AND, WITHIN THIRTY (30) DAYS AFTER DEMAND, TENANT SHALL PAY THE REASONABLE COST
OF THE REPAIRS, TOGETHER WITH AN ADMINISTRATIVE CHARGE IN AN AMOUNT EQUAL TO 5%
OF THE COST OF THE REPAIRS.
10.02
LANDLORD SHALL KEEP AND MAINTAIN IN GOOD REPAIR AND
WORKING ORDER IN COMPLIANCE WITH ALL LAW AND PERFORM MAINTENANCE UPON THE:
(A) STRUCTURAL ELEMENTS OF THE BUILDING; (B) MECHANICAL (INCLUDING HVAC),
ELECTRICAL, PLUMBING AND FIRE/LIFE SAFETY SYSTEMS SERVING THE BUILDING IN
GENERAL (EXCLUDING ANY PORTION OF THE INITIAL ALTERATIONS OR ANY OTHER
ALTERATIONS); (C) COMMON AREAS; (D) ROOF OF THE BUILDING; (E) EXTERIOR WINDOWS
OF THE BUILDING; AND (F) ELEVATORS SERVING THE BUILDING.
LANDLORD SHALL
PROMPTLY MAKE REPAIRS FOR WHICH LANDLORD IS RESPONSIBLE.
IF LANDLORD SHALL
DEFAULT IN THE PERFORMANCE OF ANY COVENANT ON LANDLORD'S PART TO BE PERFORMED
UNDER THIS LEASE FOR ANY REASON OTHER THAN FORCE MAJEURE, AND FAILS TO COMMENCE
TO CURE THE SAME WITHIN THIRTY (30) DAYS AFTER WRITTEN NOTICE GIVEN BY TENANT OR
FAILS TO DILIGENTLY PURSUE SUCH CURE, THEN TENANT MAY PERFORM THE SAME FOR THE
ACCOUNT OF LANDLORD, AND IN THE CASE OF EMERGENCY SITUATIONS, TENANT SHALL NOT
BE REQUIRED TO PROVIDE NOTICE AND AN OPPORTUNITY TO CURE.
ANY SUCH PERFORMANCE
BY TENANT SHALL NOT IMPACT TENANT'S RIGHT TO AVAIL ITSELF OF ALL RIGHTS AND
REMEDIES AT LAW AND IN EQUITY WITH RESPECT TO LANDLORD'S DEFAULT AFORESAID.
10.03
TENANT SHALL NOT MAKE ALTERATIONS, REPAIRS,
ADDITIONS OR IMPROVEMENTS, INCLUDING WITHOUT LIMITATION, THE INITIAL
ALTERATIONS, OR INSTALL ANY CABLE (COLLECTIVELY REFERRED TO AS "ALTERATIONS")
WITHOUT FIRST OBTAINING THE WRITTEN CONSENT OF LANDLORD IN EACH INSTANCE, WHICH
CONSENT SHALL NOT BE UNREASONABLY WITHHELD, CONDITIONED OR DELAYED FOR MORE THAN
FIVE (5) BUSINESS DAYS, AND LANDLORD SHALL PROVIDE DETAILED REASONS FOR
WITHHOLDING APPROVAL WHERE APPLICABLE.
IN NO EVENT SHALL FURNITURE BE
CONSIDERED ALTERATIONS; HOWEVER, MOVABLE OR DEMOUNTABLE PARTITIONS THAT COULD
AFFECT FIRE SUPPRESSION DISTRIBUTION SHALL BE CONSIDERED ALTERATIONS.
HOWEVER,
LANDLORD'S CONSENT SHALL NOT BE REQUIRED FOR ANY ALTERATION THAT SATISFIES ALL
OF THE FOLLOWING CRITERIA (A "COSMETIC ALTERATION"):
(A) IS EITHER (I) OF A
COSMETIC NATURE SUCH
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AS PAINTING, WALLPAPERING, HANGING PICTURES AND INSTALLING CARPETING OR
(II) EXPECTED TO COST LESS THAN $200,000 IN ANY SINGLE INSTANCE OR
(III) CONSTITUTES THE INSTALLATION, REPAIR OR REMOVAL OF LOW VOLTAGE CABLING
THAT IS INTERNAL TO THE PREMISES; (B) IS NOT VISIBLE FROM EITHER THE EXTERIOR OF
THE PREMISES OR THE EXTERIOR OF THE BUILDING; (C) WILL NOT MATERIALLY AFFECT THE
BASE BUILDING (DEFINED IN SECTION 6); (D) DOES NOT REQUIRE WORK TO BE PERFORMED
INSIDE THE WALLS OR ABOVE THE CEILING OF THE PREMISES (EXCEPT WITH RESPECT TO
INTERNAL LOW VOLTAGE CABLING ONLY AS AFORESAID), AND (E) FOLLOWS ALL BUILDING
RULES AND REGULATIONS, INCLUDING