REPAIRS ARE NEEDED TO
ELEMENTS FOR WHICH LANDLORD IS RESPONSIBLE UNDER THIS LEASE IN ORDER TO PREVENT
IMMINENT DAMAGE OR INJURY TO TENANT'S EMPLOYEES, PROPERTY OR BUSINESS
OPERATIONS, THEN, UNDER SUCH CIRCUMSTANCES, IF LANDLORD HAS FAILED TO COMMENCE
AND THEREAFTER DILIGENTLY PURSUE SUCH REPAIRS WITHIN A REASONABLE PERIOD
FOLLOWING ITS RECEIPT OF TENANT'S NOTICE OF THE NEED THEREOF (WHICH NOTICE OF AN
EMERGENCY MAY BE BY TELEPHONE, AND THE REASONABLENESS OF SAID PERIOD TO BE
DETERMINED BASED UPON THE ATTENDANT FACTS AND CIRCUMSTANCES), TENANT SHALL HAVE
THE RIGHT TO CURE LANDLORD'S NONPERFORMANCE AND CHARGE LANDLORD TENANT'S
REASONABLE ACTUAL OUT OF POCKET COST THEREOF.
IN RELATION TO THE FOREGOING,
TENANT ACKNOWLEDGES AND AGREES THAT EVEN AS TO EMERGENCY REPAIRS, TENANT'S
NOTICE TO LANDLORD SHALL BE IN WRITING, IF POSSIBLE AND, IF NOT POSSIBLE, MAY BE
ORAL, PROVIDED WRITTEN CONFIRMATION OF SAME IS PROVIDED TO LANDLORD WITHIN A
REASONABLE PERIOD THEREAFTER.
IN RELATION TO THE ABOVE, LANDLORD ACKNOWLEDGES
AND AGREES THAT IN THE EVENT TENANT INCURS COSTS OR EXPENSES AS A RESULT OF ITS
ELECTION TO UTILIZE ITS SELF HELP REMEDY SET FORTH ABOVE, AND SUCH AMOUNTS ARE
NOT REIMBURSED BY LANDLORD TO TENANT WITHIN THIRTY (30) DAYS OF DEMAND THEREFOR,
TENANT SHALL HAVE THE RIGHT TO DEDUCT SAME FROM ANY INSTALLMENTS OF MONTHLY BASE
RENTAL PAYABLE BY TENANT UNDER THIS LEASE.
SUCH DEDUCTION BY TENANT SHALL NOT
BE DEEMED A BREACH OF TENANT'S COVENANT TO PAY RENT.
9.02.
(A)
FROM AND AFTER THE COMMENCEMENT DATE AND THROUGHOUT THE TERM, TENANT
SHALL, AT ITS OWN COST AND EXPENSE, MAINTAIN THE INTERIOR OF THE PREMISES, IN
GOOD CONDITION AND REPAIR, INCLUDING BUT NOT LIMITED TO THE ELECTRICAL SYSTEMS,
HEATING, AIR CONDITIONING AND VENTILATION SYSTEMS SERVING THE PREMISES, PLATE
GLASS, WINDOWS AND DOORS, SPRINKLER AND PLUMBING SYSTEMS, FIXTURES, INTERIOR
WALLS, FLOORS, CEILINGS, ALL ELECTRICAL FACILITIES AND EQUIPMENT INCLUDING,
WITHOUT LIMITATION, LIGHTING FIXTURES, LAMPS, FANS, AND ANY EXHAUST EQUIPMENT
AND SYSTEMS, ELECTRICAL MOTORS, AND ALL OTHER APPLIANCES AND EQUIPMENT OF ANY
KIND LOCATED IN, UPON OR ABOUT THE PREMISES.
NOTWITHSTANDING THE FOREGOING, IF
LANDLORD OR ITS AGENTS OR CONTRACTORS ARE RESPONSIBLE FOR DAMAGE TO ANY ITEMS
FOR WHICH TENANT HAS MAINTENANCE AND REPAIR OBLIGATIONS HEREUNDER, THEN,
LANDLORD SHALL BE RESPONSIBLE FOR SUCH REPAIRS AT ITS OWN COSTS AND EXPENSE.
LANDLORD AGREES TO USE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE TENANT THE
BENEFIT OF ANY WARRANTIES APPLICABLE TO ANY UTILITY SYSTEMS SERVING THE
PREMISES.
EXCEPT AS DESCRIBED BELOW, ALL GLASS. EXTERIOR AND INTERIOR, IS AT
THE SOLE RISK OF TENANT: AND ANY BROKEN GLASS SHALL BE PROMPTLY REPLACED AT
TENANT'S EXPENSE BY GLASS OF LIKE KIND, SIZE AND QUALITY.
IF SUCH GLASS IS
DAMAGED OR BROKEN BECAUSE OF MANUFACTURING OR INSTALLATION DEFECTS OR BECAUSE OF
LANDLORD'S NEGLIGENCE OR INTENTIONAL ACTS (OR LANDLORD'S EMPLOYEES, AGENTS OR
CONTRACTORS) OR BUILDING SETTLING, THEN THE REPAIR OF SUCH DAMAGE SHALL BE THE
RESPONSIBILITY OF LANDLORD.
(B)
TENANT AGREES TO ENTER INTO A SERVICE CONTRACT WITH A RELIABLE CERTIFIED
HEATING AND AIR CONDITIONING COMPANY ACCEPTABLE TO LANDLORD, IN ITS REASONABLE
DISCRETION, TO