THE MECHANICAL, ELECTRICAL, SANITARY,
HVAC, OR OTHER SYSTEMS OF THE PROPERTY OR PREMISES SHALL BE PERFORMED BY
APPROPRIATELY LICENSED CONTRACTORS APPROVED BY LANDLORD, WHICH APPROVAL SHALL
NOT BE UNREASONABLY WITHHELD.
ALL SUCH REPAIRS OR REPLACEMENTS SHALL BE SUBJECT
TO THE SUPERVISION AND CONTROL OF LANDLORD, AND ALL REPAIRS AND REPLACEMENTS
SHALL BE MADE WITH MATERIALS OF EQUAL OR BETTER QUALITY THAN THE ITEMS BEING
REPAIRED OR REPLACED.
13.1.2.
GENERAL MAINTENANCE SERVICES.
NOTWITHSTANDING ANY OF THE FOREGOING,
HOWEVER, FROM TIME TO TIME DURING THE TERM, LANDLORD MAY ELECT, IN ITS SOLE
DISCRETION AND BY DELIVERY OF WRITTEN NOTICE TO TENANT, TO PERFORM ON BEHALF OF
TENANT, ALL OR SOME PORTION OF THE REPAIRS, MAINTENANCE, RESTORATION AND
REPLACEMENT IN AND TO THE PREMISES REQUIRED TO BE PERFORMED BY TENANT UNDER THIS
LEASE (ANY SUCH REPAIRS, MAINTENANCE, RESTORATION AND/OR REPLACEMENT ACTIVITIES
THAT LANDLORD ELECTS TO PERFORM ON BEHALF OF TENANT ARE HEREIN COLLECTIVELY
REFERRED TO AS "GENERAL MAINTENANCE SERVICES").
TENANT SHALL REIMBURSE LANDLORD
FOR THE COST OR VALUE OF ALL GENERAL MAINTENANCE SERVICES PROVIDED BY LANDLORD
AS ADDITIONAL RENT, SIMULTANEOUSLY WITH THE PAYMENT OF OPERATING EXPENSES AS
PART OF ESTIMATED ADDITIONAL RENT (ON A MONTHLY ESTIMATED BASIS SUBJECT TO
ANNUAL RECONCILIATION, AS DESCRIBED IN SECTION 3.3 ABOVE).
UNLESS AND UNTIL
LANDLORD AFFIRMATIVELY ELECTS TO PROVIDE GENERAL MAINTENANCE SERVICES, NOTHING
CONTAINED HEREIN SHALL BE CONSTRUED TO OBLIGATE LANDLORD TO PERFORM ANY GENERAL
MAINTENANCE SERVICES OR, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN SECTION 13.2,
TO REPAIR, MAINTAIN, RESTORE OR REPLACE ANY PORTION OF THE PREMISES.
LANDLORD
MAY FROM TIME TO TIME, IN ITS SOLE DISCRETION, (X) REDUCE OR EXPAND THE SCOPE OF
THE GENERAL MAINTENANCE SERVICES THAT LANDLORD HAS ELECTED TO PROVIDE OR (Y)
REVOKE ITS ELECTION TO PROVIDE ANY OR ALL OF THE GENERAL MAINTENANCE SERVICES,
IN EITHER EVENT, UPON DELIVERY OF NOT LESS THAN THIRTY (30) DAYS' PRIOR WRITTEN
NOTICE TO TENANT [THE LANGUAGE IN THIS SENTENCE IS NOT TO BE REMOVED OR
REVISED].
13.1.3.
HVAC MAINTENANCE CONTRACT.
IF LANDLORD DOES NOT ELECT TO REPAIR AND
MAINTAIN THE HVAC SYSTEMS AS PART OF GENERAL MAINTENANCE SERVICES, OR REVOKES
SUCH ELECTION AT ANY TIME AFTER HAVING MADE SUCH ELECTION, THEN, WITHIN 30 DAYS
FOLLOWING EITHER (A) THE COMMENCEMENT DATE OR (B) THE DATE ON WHICH LANDLORD
ADVISES TENANT THAT LANDLORD WILL NO LONGER PROVIDE GENERAL MAINTENANCE SERVICES
FOR THE HVAC SYSTEM, WHICHEVER DATE IS APPLICABLE, TENANT SHALL PROCURE AND
DELIVER TO LANDLORD THE HVAC MAINTENANCE CONTRACT.
THEREAFTER, TENANT SHALL
PROVIDE TO LANDLORD A COPY OF RENEWALS OR REPLACEMENTS OF SUCH HVAC MAINTENANCE
CONTRACT NO LATER THAN 30 DAYS PRIOR TO THE THEN-APPLICABLE EXPIRY DATE OF THE
EXISTING HVAC MAINTENANCE CONTRACT.
IF TENANT FAILS TO TIMELY DELIVER TO
LANDLORD THE HVAC MAINTENANCE CONTRACT (OR ANY APPLICABLE RENEWAL OR REPLACEMENT
THEREOF), THEN LANDLORD SHALL HAVE THE RIGHT TO CONTRACT DIRECTLY FOR THE
PERIODIC MAINTENANCE OF THE HVAC SYSTEMS IN THE PREMISES AND TO CHARGE THE COST
THEREOF BACK TO TENANT AS ADDITIONAL RENT.
13.2.
LANDLORD REPAIRS.
NOTWITHSTANDING ANYTHING CONTRARY HEREIN,
LANDLORD SHALL REPAIR, REPLACE AND RESTORE