ARE THEN AVAILABLE) OR
LEASEHOLD IMPROVEMENT CREDITS, SUBJECT TO THE TERMS AND CONDITIONS OF
SECTION 605(A) AND (C) ABOVE.
TENANT'S OBLIGATIONS UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER
TERMINATION OF THE TERM OF THIS LEASE.
SECTION 1002.
MAINTENANCE REPAIRS AND REPLACEMENTS OF
AND TO EQUIPMENT.
(A)
REPAIRS, REPLACEMENTS AND MAINTENANCE BY THE
AUTHORITY.
EXCEPT TO THE EXTENT TENANT IS RESPONSIBLE THEREFOR AS PROVIDED
UNDER THIS SECTION 1002, THE AUTHORITY SHALL, AT ITS COST AND EXPENSE, BE
RESPONSIBLE DURING THE TERM OF THIS LEASE AGREEMENT FOR PERFORMING ALL
MAINTENANCE, REPAIRS, AND REPLACEMENTS WITH RESPECT TO THE EQUIPMENT FURNISHED
BY THE AUTHORITY TO TENANT (WHETHER THAT EQUIPMENT IS FURNISHED PURSUANT TO AN
ACTIVATION OR AS REPLACEMENT EQUIPMENT) INCLUDING WITHOUT LIMITATION PREVENTIVE
MAINTENANCE UPON A PERIODIC SCHEDULE IN ACCORDANCE WITH MANUFACTURERS'
RECOMMENDATIONS. THE AUTHORITY'S MAINTENANCE, REPAIR
AND REPLACEMENTS
OBLIGATIONS SHALL ALSO EXTEND TO ANY EQUIPMENT FOR WHICH TENANT RECEIVES
REIMBURSEMENT FROM THE AUTHORITY THROUGH GRANTS OR LEASEHOLD IMPROVEMENT
CREDITS.
TO THE EXTENT THAT IT BECOMES NECESSARY TO REPLACE ANY ITEM OF
EQUIPMENT, THE AUTHORITY SHALL ONLY BE
61
OBLIGATED TO REPLACE IT FROM THEN AVAILABLE EQUIPMENT ON THE MASTER LIST OF
EQUIPMENT; THE AUTHORITY SHALL IN NO CIRCUMSTANCE BE OBLIGATED TO PURCHASE A NEW
ITEM OF REPLACEMENT EQUIPMENT, TOOLING OR OTHER PERSONAL PROPERTY. AS PART OF
THE AUTHORITY'S OBLIGATIONS HEREUNDER, THE AUTHORITY WILL PROVIDE TENANT WITH A
WORKING FACILITY WITH RE-CERTIFIED TOOLING.
FOR PURPOSES OF THE PRECEDING
SENTENCE, A "WORKING FACILITY" MEANS THAT ALL FACILITIES SYSTEMS (OTHER THAN
EXCLUDED SYSTEMS) AND EQUIPMENT, WHICH ARE LOCATED IN THE LEASED PREMISES AS OF
THE EFFECTIVE DATE OF THIS LEASE, SHALL BE IN GOOD WORKING ORDER AND CONDITION
IF AND WHEN THAT PORTION OF THE LEASED PREMISES TO WHICH THEY PERTAIN IS
DELIVERED TO TENANT; PROVIDED, HOWEVER, THAT DURING THE ACTIVATION OF ANY BAY OR
OTHER PORTION OF THE LEASED PREMISES, TENANT WILL PROVIDE THE AUTHORITY, IN
ACCORDANCE WITH SECTION 205 ABOVE, WITH A LIST OF THOSE PARTICULAR FACILITIES
SYSTEMS (OTHER THAN EXCLUDED SYSTEMS) AND AVAILABLE EQUIPMENT THAT TENANT WILL
NEED FOR THAT PARTICULAR BAY OR OTHER AREA OF THE LEASED PREMISES, AND TENANT
ACKNOWLEDGES THAT THE AUTHORITY'S OBLIGATION SHALL ONLY BE TO DELIVER THOSE
PARTICULAR FACILITIES SYSTEMS (OTHER THAN EXCLUDED SYSTEMS) AND AVAILABLE
EQUIPMENT TO TENANT IN GOOD WORKING ORDER AND CONDITION IN CONNECTION WITH THAT
ACTIVATION.
NOTWITHSTANDING ANY OF THE FOREGOING TO THE CONTRARY, THE AUTHORITY
SHALL HAVE NO OBLIGATION TO PROVIDE, MAINTAIN, REPAIR OR REPLACE ANY COMPUTER
HARDWARE OR SOFTWARE OR RELATED TOOLS, SYSTEMS OR EQUIPMENT; AND TENANT HEREBY
ACKNOWLEDGES AND AGREES THAT TENANT SHALL NOT BE ENTITLED TO ANY GRANT PROCEEDS
OR LEASEHOLD IMPROVEMENT CREDITS WITH RESPECT TO TENANT'S PURCHASE, MAINTENANCE,
REPAIR OR REPLACEMENT OF ANY COMPUTER SOFTWARE. IN ADDITION, NOTWITHSTANDING THE
FOREGOING, TENANT SHALL, AT ITS COST AND EXPENSE, BE RESPONSIBLE FOR
MAINTAINING, REPLACING, REMOVING, AND DISPOSING OF, IN COMPLIANCE WITH ALL
APPLICABLE LAWS, ANY AND ALL FILTERS AND BLAST MEDIA RELATING TO ANY DRAW DOWN
CABINETS, DRAW DOWN TABLES, AND/OR BLAST CABINETS, AND THE AUTHORITY SHALL HAVE