WITH A REPUTABLE SERVICE
PROVIDER FOR MAINTENANCE OF THE HVAC SYSTEMS OF THE PREMISES (THE "HVAC
MAINTENANCE CONTRACT").
THE TERMS AND PROVISIONS OF ANY SUCH HVAC MAINTENANCE
CONTRACT SHALL REQUIRE THAT THE SERVICE PROVIDER MAINTAIN THE PREMISES' HVAC
SYSTEM IN ACCORDANCE WITH THE MANUFACTURER'S RECOMMENDATIONS AND OTHERWISE IN
ACCORDANCE WITH NORMAL, CUSTOMARY AND REASONABLE PRACTICES IN THE GEOGRAPHIC
AREA IN WHICH THE PREMISES IS LOCATED AND FOR HVAC SYSTEMS COMPARABLE TO THE
PREMISES' HVAC SYSTEM.
IN ADDITION TO TENANT'S OBLIGATIONS UNDER (I) AND (II) ABOVE, TENANT SHALL ALSO
BE RESPONSIBLE FOR ALL COSTS AND EXPENSES INCURRED TO PERFORM ANY AND ALL
REPAIRS AND REPLACEMENTS (WHETHER STRUCTURAL OR NON-STRUCTURAL; INTERIOR OR
EXTERIOR; AND ORDINARY OR EXTRAORDINARY), IN AND TO THE PREMISES AND THE
PROPERTY AND THE FACILITIES AND SYSTEMS THEREOF, IF AND TO THE EXTENT THAT THE
NEED FOR SUCH REPAIRS OR REPLACEMENTS ARISES DIRECTLY OR INDIRECTLY FROM ANY OR
ALL OF:
(A) THE PERFORMANCE OR EXISTENCE OF ANY ALTERATIONS, (B) THE
INSTALLATION, USE OR OPERATION OF TENANT'S PROPERTY IN THE PREMISES, (C) THE
MOVING OF TENANT'S PROPERTY IN OR OUT OF THE PROPERTY, AND (D) ANY ACT,
OMISSION, MISUSE, OR NEGLECT OF TENANT, ANY OF ITS SUBTENANTS, OR OTHERS
ENTERING INTO THE PREMISES BY ACT OR OMISSION OF TENANT OR ANY SUBTENANT.
ANY
REPAIRS OR REPLACEMENTS REQUIRED TO BE MADE BY TENANT TO ANY OR ALL OF THE
STRUCTURAL COMPONENTS OF THE PROPERTY AND 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