TENANT PROPERTY
LOCATED OUTSIDE OF THE LEASED PREMISES (ANY SUCH MAINTENANCE AND/OR REPAIRS FOR
WHICH TENANT IS RESPONSIBLE BEING HEREIN COLLECTIVELY CALLED "TENANT REPAIRS").
(B)
IF, AND TO THE EXTENT THAT, THE NEED FOR ANY TENANT REPAIR ARISES
OUT OF ANY NEGLIGENT OR WRONGFUL ACT OR OMISSION BY LANDLORD OR ANY LANDLORD
PARTY, THEN LANDLORD, WITHIN THIRTY (30) DAYS AFTER WRITTEN DEMAND, SHALL PAY OR
REIMBURSE TENANT FOR ALL THE REASONABLE OUT-OF-POCKET COSTS INCURRED BY TENANT
IN PERFORMING SUCH REPAIR (TOGETHER WITH INTEREST THEREON, AT THE APPLICABLE
RATE, FROM THE DATE INCURRED TO THE DATE SO PAID OR REIMBURSED).
(C)
TENANT SHALL PROMPTLY MAKE ALL TENANT REPAIRS (CONSIDERING THE
NATURE AND URGENCY OF THE REPAIR), AND PERFORM THE SAME IN A GOOD AND
WORKMANLIKE MANNER.
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(D)
IF TENANT SHOULD FAIL TO MAKE ANY TENANT REPAIR WITH REASONABLE
PROMPTNESS AFTER WRITTEN NOTICE FROM LANDLORD, THEN LANDLORD'S CURE RIGHTS UNDER
SECTION 7.1(F) HEREOF SHALL BE APPLICABLE TO THE EXTENT PROVIDED THEREIN, AND,
AS PROVIDED THEREIN, LANDLORD MAY (EXCEPT TO THE EXTENT THAT THE PROVISIONS OF
SECTION 5.6(B) HEREOF ARE APPLICABLE) RECOVER THE REASONABLE COST THEREOF FROM
TENANT.
(E)
NOTWITHSTANDING THE FOREGOING, IF, AND TO THE EXTENT THAT, TENANT
SHALL REQUEST THAT LANDLORD PERFORM ANY TENANT REPAIRS, THEN LANDLORD AGREES TO
PERFORM THE SAME, AS ABOVE STANDARD SERVICES. IN ANY SUCH EVENT, TENANT SHALL
NOTIFY LANDLORD OF THE NEED FOR ANY SUCH TENANT REPAIR AND ITS REQUEST THAT
LANDLORD PERFORM THE SAME, AND LANDLORD SHALL ENDEAVOR TO RESPOND TIMELY TO EACH
SUCH REQUEST.
5.7
Demising Work
(A)
FOR PURPOSES OF THIS AGREEMENT, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
(1)
"DEMISING WORK", WITH RESPECT TO ANY SURRENDER RELEASE SPACE (THAT
IS NOT THEN IN SEPARATELY LEASABLE CONDITION) OR VACATE SPACE (THAT IS NOT THEN
IN SEPARATELY LEASABLE CONDITION), SHALL MEAN ALL THE WORK IN AND TO THE
BUILDING (INCLUDING IN AND TO SUCH SPACE) THAT IS REQUIRED TO CAUSE SUCH SPACE
TO BE PUT IN A SEPARATELY LEASABLE CONDITION; PROVIDED, HOWEVER, THAT IN NO
EVENT SHALL THE TERM "DEMISING WORK" EVER BE DEEMED TO INCLUDE (I) ANY WORK
WHICH INTERNALLY SUB-DIVIDES SUCH SPACE, OR ANY OTHER WORK DESIGNED TO PERMIT
SUCH SPACE TO BE OCCUPIED BY MULTIPLE TENANTS OR OCCUPANTS (AS OPPOSED TO A
SINGLE TENANT OR OCCUPANT), OR (II) THE CONSTRUCTION OF ANY LEASEHOLD
IMPROVEMENTS WITHIN SUCH SPACE.
(2)
"PRIMARY DEMISING WORK", WITH RESPECT TO ANY SURRENDER RELEASE
SPACE (THAT IS NOT THEN IN SEPARATELY LEASABLE CONDITION) OR VACATE SPACE (THAT
IS NOT THEN IN SEPARATELY LEASABLE CONDITION), SHALL MEAN THE FOLLOWING PORTIONS
OF THE DEMISING WORK WITH RESPECT TO SUCH SPACE (IF, AND TO THE EXTENT, THE SAME
ARE PART OF SUCH DEMISING WORK): (I) THE CONSTRUCTION OF DEMISING WALLS, AND
INDEPENDENT ENTRANCES, FOR SUCH LEASABLE AREA; (II) THE CONSTRUCTION OF
CORRIDORS AND OTHER PASSAGEWAYS REQUIRED TO PROVIDE AN INDEPENDENT MEANS OF
ACCESS (I.E., INDEPENDENT OF ANY OTHER LEASABLE AREA) FOR SUCH SPACE TO, AND
FROM, THE OUTSIDE OF THE BUILDING AND THE COMMON AREAS, AND (III) IN