owned and installed by Tenant; provided that Tenant
shall repair damage caused by the removal of such items.
9.
REPAIRS AND ALTERATIONS.
9.1
TENANT SHALL PERIODICALLY INSPECT THE
PREMISES TO IDENTIFY ANY CONDITIONS THAT ARE DANGEROUS OR IN NEED OF MAINTENANCE
OR REPAIR.
TENANT SHALL PROMPTLY PROVIDE LANDLORD WITH NOTICE OF ANY SUCH
CONDITIONS. TENANT SHALL, AT ITS SOLE COST AND EXPENSE, PERFORM ALL MAINTENANCE
AND REPAIRS TO THE PREMISES THAT ARE NOT LANDLORD'S EXPRESS RESPONSIBILITY UNDER
THIS LEASE, AND KEEP THE PREMISES IN GOOD CONDITION AND REPAIR, REASONABLE WEAR
AND TEAR AND DAMAGE BY FIRE OR OTHER CASUALTY AND AS A CONSEQUENCE OF THE
EXERCISE OF THE POWER OF EMINENT DOMAIN EXCEPTED. TENANT'S REPAIR AND
MAINTENANCE OBLIGATIONS INCLUDE, WITHOUT LIMITATION, REPAIRS TO: (A) FLOOR
COVERING; (B) INTERIOR PARTITIONS; (C) DOORS; (D) THE INTERIOR SIDE OF DEMISING
WALLS; (E) ELECTRONIC, PHONE AND DATA CABLING AND RELATED EQUIPMENT THAT IS
INSTALLED BY OR FOR THE EXCLUSIVE BENEFIT OF TENANT (COLLECTIVELY, "CABLE");
(F) SUPPLEMENTAL AIR CONDITIONING UNITS, KITCHENS, HOT WATER HEATERS, PLUMBING,
AND SIMILAR FACILITIES EXCLUSIVELY SERVING TENANT; AND (G) ALTERATIONS. TO THE
EXTENT LANDLORD IS NOT REIMBURSED BY INSURANCE PROCEEDS, TENANT SHALL REIMBURSE
LANDLORD FOR THE COST OF REPAIRING DAMAGE TO THE BUILDING CAUSED BY THE ACTS OF
TENANT, TENANT RELATED PARTIES AND THEIR RESPECTIVE CONTRACTORS AND VENDORS. IF
TENANT FAILS TO MAKE ANY REPAIRS TO THE PREMISES FOR MORE THAN FIFTEEN (15) DAYS
AFTER NOTICE FROM LANDLORD (ALTHOUGH NOTICE
8
SHALL NOT BE REQUIRED IN AN EMERGENCY), LANDLORD MAY MAKE THE REPAIRS, AND
TENANT SHALL PAY THE REASONABLE COST OF THE REPAIRS, TOGETHER WITH AN
ADMINISTRATIVE CHARGE IN AN AMOUNT EQUAL TO 5% OF THE COST OF SUCH REPAIRS.
"TENANT RELATED PARTIES" SHALL MEAN TENANT'S OFFICERS, DIRECTORS, SHAREHOLDERS,
EMPLOYEES AND AGENTS.
9.2
LANDLORD SHALL KEEP AND MAINTAIN IN GOOD
REPAIR AND WORKING ORDER, IN A MANNER GENERALLY COMMENSURATE WITH FIRST CLASS
OFFICE BUILDINGS LOCATED IN THE SUBURBAN METROPOLITAN BOSTON AREA AND PERFORM
MAINTENANCE UPON (A) STRUCTURAL ELEMENTS OF THE BUILDING; (B) MECHANICAL
(INCLUDING HVAC), ELECTRICAL, PLUMBING AND FIRE/LIFE SAFETY SYSTEMS SERVING THE
BUILDING IN GENERAL; (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.
9.3
TENANT SHALL NOT MAKE ALTERATIONS, REPAIRS,
ADDITIONS OR IMPROVEMENTS OR INSTALL ANY CABLE (COLLECTIVELY REFERRED TO AS
"ALTERATIONS") WITHOUT FIRST OBTAINING THE WRITTEN CONSENT OF LANDLORD IN EACH
INSTANCE. HOWEVER, LANDLORD'S CONSENT SHALL NOT BE REQUIRED FOR ANY ALTERATION
THAT SATISFIES ALL OF THE FOLLOWING CRITERIA (A "COSMETIC ALTERATION"):
(A) IS
OF A COSMETIC NATURE SUCH AS PAINTING, WALLPAPERING, HANGING PICTURES AND
INSTALLING CARPETING; (B) IS NOT VISIBLE FROM THE EXTERIOR OF THE PREMISES OR
BUILDING; (C) WILL NOT AFFECT THE BASE BUILDING; AND (D) DOES NOT REQUIRE WORK
TO BE PERFORMED INSIDE THE WALLS, BELOW THE FLOOR, OR ABOVE THE CEILING OF THE
PREMISES AND (E) THE COST OF SUCH WORK DOES NOT EXCEED $25,000.
COSMETIC
ALTERATIONS SHALL BE SUBJECT TO ALL