PERMITTED ABOVE,
INCLUDING WAREHOUSE AND STORAGE AREAS, COMMON AREAS, FACILITIES MAINTENANCE
SHOPS, ADMINISTRATIVE AND SUPPORT AREAS, TRUCK DOCKS AND APRONS, SPECIAL
MATERIALS STORAGE AREAS, AIRCRAFT TAXIWAYS AND PARKING AREAS, FIRE PROTECTION
FACILITIES AND EMPLOYEE AND VISITOR PARKING SO LONG AS SUCH ACTIVITIES ARE OF A
SIZE COMMENSURATE WITH SUCH OPERATION.
ARTICLE V
TERM; EXTENSION PERIODS
SECTION 503.
RIGHTS AT EXPIRATION/TERMINATION.
(A)
IN NO EVENT SHALL TENANT OR ANY OF ITS SUBTENANTS CONTINUE TO
POSSESS, OCCUPY OR USE THE LEASED PREMISES BEYOND THE EXPIRATION OR SOONER
TERMINATION OF THE TERM WITHOUT THE AUTHORITY'S WRITTEN CONSENT, WHICH CONSENT
MAY BE WITHHELD IN THE AUTHORITY'S SOLE AND ABSOLUTE DISCRETION.
(B)
TENANT FURTHER AGREES THAT UPON THE EXPIRATION OR EARLIER
TERMINATION OF THE TERM, THE LEASED PREMISES SHALL BE DELIVERED TO THE AUTHORITY
IN AT LEAST AS GOOD CONDITION AS ORIGINALLY DELIVERED TO TENANT, (PROVIDED THAT
HANGAR 5B MAY BE RETURNED IN THE CONDITION AS MODIFIED BY TENANT FOR AIRCRAFT
PAINTING), REASONABLE WEAR AND TEAR AND MATTERS COVERED BY INSURANCE EXCEPTED,
AND SUBJECT TO PERFORMANCE BY THE AUTHORITY OF THE AUTHORITY'S MAINTENANCE,
REPAIR AND REPLACEMENT OBLIGATIONS UNDER THIS LEASE, INCLUDING BUT NOT LIMITED
TO ITS MAINTENANCE, REPAIR AND REPLACEMENT OBLIGATIONS PURSUANT TO SECTIONS 1001
AND 1002 BELOW, AND THE AUTHORITY'S OBLIGATIONS UNDER ARTICLE VII AND
SECTION 1702 OF THIS LEASE.
2
ARTICLE X
MAINTENANCE, REPAIRS AND REPLACEMENTS
SECTION 1001.
MAINTENANCE, REPAIRS AND REPLACEMENTS TO FACILITIES AND
LEASED PREMISES (OTHER THAN EQUIPMENT).
EXCEPT TO THE EXTENT TENANT IS
RESPONSIBLE THEREFOR UNDER THIS SECTION 1001, AND SUBJECT TO ARTICLE XVI OF THIS
LEASE AND SUBJECT TO THE AUTHORITY'S OBLIGATIONS UNDER ARTICLES VII AND XVII OF
THIS LEASE, THE AUTHORITY SHALL, AT ITS COST AND EXPENSE, BE RESPONSIBLE DURING
THE TERM FOR (A) PERFORMING ALL MAINTENANCE, REPAIRS AND REPLACEMENTS WITH
RESPECT TO THE FACILITIES AND THE LEASED PREMISES (OTHER THAN EQUIPMENT, WHICH
IS COVERED UNDER SECTION 1002 BELOW), INCLUDING WITHOUT LIMITATION FOUNDATIONS,
EXTERIOR FACILITY WALLS (INCLUDING DOOR FRAMES, WINDOW FRAMES, DOORS AND
WINDOWS), EXTERIORS OF THE FACILITIES, INTERIOR DEMISING WALLS (INCLUDING DOOR
FRAMES AND WINDOW FRAMES), ROOF, DRAINS, GUTTERS, AND ALL STRUCTURAL PARTS OF
THE FACILITIES, (B) PERIODICALLY PAINTING THE INTERIOR WALLS, AND SEALING THE
CONCRETE FLOORS, WITHIN THE LEASED PREMISES IN ORDER TO MAINTAIN THEM IN A
REASONABLY NEAT, SAFE CONDITION, AND (C) PERFORMING ALL MAINTENANCE, REPAIRS AND
REPLACEMENTS WITH RESPECT TO THE AIR CONDITIONING, ELECTRICAL, HEATING,
MECHANICAL AND PLUMBING SYSTEMS IN THE FACILITIES, ALL IN AT LEAST AS GOOD
CONDITION AS EXISTS ON THE EFFECTIVE DATE OF THIS LEASE AGREEMENT OR IN SUCH
CONDITION AS MAY BE REQUIRED BY APPLICABLE LAW.
HOWEVER, THE AUTHORITY SHALL
NOT BE REQUIRED TO PAY FOR, AND TENANT SHALL INDEMNIFY, DEFEND, SAVE AND HOLD
HARMLESS THE AUTHORITY FROM AND AGAINST (WITHOUT REIMBURSEMENT FROM GRANT
PROCEEDS OR LEASEHOLD IMPROVEMENT CREDITS), THE COST AND EXPENSE (INCLUDING
WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES) OF, ANY SUCH MAINTENANCE, REPAIRS
OR REPLACEMENTS THAT BECOME NECESSARY AS A RESULT OF OR BY REASON OF TENANT'S,
ITS SUBTENANTS' OR ITS OR THEIR RESPECTIVE AGENT'S, CONTRACTOR'S, EMPLOYEE'S, OR