THE BUILDING, INCLUDING EXTERIOR GLASS AND GLAZING
(INCLUDING THE SEALING THEREOF); (III) THE ROOF (INCLUDING THE SEALING THEREOF);
(IV) BASE BUILDING MECHANICAL, ELECTRICAL, PLUMBING AND LIFE SAFETY SYSTEMS;
(V) THE BUILDING'S COOLING TOWER, BOILER, AND CLOSED CIRCUIT COOLING TOWER AND
HOT WATER SYSTEM; (VI) THE WATER-SOURCE HEAT PUMP UNIT(S) IN THE PREMISES
CONNECTED TO THE BUILDING'S CLOSED CIRCUIT COOLING TOWER AND HOT WATER SYSTEM;
(VII) THE COMMON AREAS; (VIII) THE PROJECT PARKING GARAGE; (IX) LANDSCAPED
AREAS; AND (X) THE ELEVATORS.
LANDLORD SHALL NOT BE LIABLE FOR ANY FAILURE TO
MAKE ANY SUCH REPAIRS OR TO PERFORM ANY MAINTENANCE UNLESS SUCH FAILURE SHALL
PERSIST FOR AN UNREASONABLE TIME AFTER WRITTEN NOTICE OF THE NEED OF SUCH
REPAIRS OR MAINTENANCE IS GIVEN TO LANDLORD BY TENANT.
HOWEVER, LANDLORD SHALL
NOT HAVE ANY OBLIGATION TO REPAIR DAMAGE CAUSED BY TENANT, ITS AGENTS,
EMPLOYEES, CONTRACTORS, INVITEES OR LICENSEES, AND TENANT SHALL PAY THE COSTS OF
SUCH REPAIRS SUBJECT TO SECTION 11.5.
FURTHER, LANDLORD SHALL HAVE THE RIGHT,
BUT NOT THE OBLIGATION, TO UNDERTAKE WORK OF REPAIR WHICH TENANT IS REQUIRED TO
PERFORM UNDER THIS LEASE AND WHICH TENANT FAILS OR REFUSES TO PERFORM IN A
TIMELY AND EFFICIENT MANNER.
TENANT SHALL REIMBURSE LANDLORD UPON DEMAND, AS
ADDITIONAL RENT, FOR ALL COSTS INCURRED BY LANDLORD IN PERFORMING ANY SUCH
REPAIR FOR THE ACCOUNT OF TENANT, TOGETHER WITH AN AMOUNT EQUAL TO TEN PERCENT
(10%) OF SUCH COSTS TO REIMBURSE LANDLORD FOR ITS ADMINISTRATION AND MANAGERIAL
EFFORT.
EXCEPT AS SPECIFICALLY SET FORTH IN THIS LEASE, LANDLORD SHALL HAVE NO
OBLIGATION WHATSOEVER TO MAINTAIN OR REPAIR THE PREMISES OR THE PROJECT.
THE
PARTIES INTEND THAT THE TERMS OF THIS LEASE GOVERN THEIR RESPECTIVE MAINTENANCE
AND REPAIR OBLIGATIONS.
LANDLORD RESERVES THE RIGHT FROM TIME TO TIME, SO LONG
AS REASONABLE ACCESS AND BASIC SERVICES TO THE PREMISES REMAIN AVAILABLE, TO
INSTALL, USE, MAINTAIN, REPAIR, RELOCATE AND/OR REPLACE PIPES, CONDUITS, WIRES
AND EQUIPMENT WITHIN AND AROUND THE BUILDING AND TO DO AND PERFORM SUCH OTHER
ACTS AND MAKE SUCH OTHER CHANGES IN, TO OR WITH RESPECT TO THE BUILDING OR THE
PROJECT (INCLUDING WITHOUT LIMITATION WITH RESPECT TO THE DRIVEWAYS, GARAGE,
WALKWAYS AND ENTRANCES TO THE PROJECT) AS LANDLORD MAY, IN THE EXERCISE OF SOUND
BUSINESS JUDGMENT, DEEM TO BE APPROPRIATE.
IN CONNECTION THEREWITH, LANDLORD
SHALL HAVE THE RIGHT TO CLOSE TEMPORARILY ANY OF THE COMMON AREAS SO LONG AS
REASONABLE ACCESS TO THE PREMISES REMAINS AVAILABLE.
IN EXERCISING THESE
RIGHTS, LANDLORD SHALL MAKE COMMERCIALLY REASONABLE EFFORTS TO MINIMIZE THE
IMPACT ON TENANT'S USE AND OCCUPANCY OF THE PREMISES.
LANDLORD SHALL NOT BE
LIABLE TO TENANT FOR ANY INTERRUPTION OF TENANT'S BUSINESS OR INCONVENIENCE
CAUSED DUE TO ANY WORK PERFORMED IN THE PREMISES OR IN THE BUILDING PURSUANT TO
LANDLORD'S RIGHTS AND OBLIGATIONS UNDER THIS LEASE.
TENANT EXPRESSLY WAIVES THE
BENEFIT OF ANY STATUTE NOW OR HEREAFTER IN EFFECT TO THE EXTENT IT IS
INCONSISTENT WITH THE TERMS OF THIS LEASE WITH RESPECT TO SUCH OBLIGATIONS OR
WHICH AFFORDS TENANT THE RIGHT TO MAKE REPAIRS AT THE EXPENSE OF