OTHER MYCOTOXINS.
TENANT SHALL PROMPTLY
ADDRESS ANY WATER OR OTHER MOISTURE LEAKS OF WHICH TENANT BECOMES AWARE, AND
SHALL PROMPTLY TAKE ACTION IF IT DETECTS ANY SIGNS OF CONDENSATION, MOISTURE,
MOLD OR MYCOTOXINS.
LANDLORD AND TENANT SHALL NOT INSTALL WITHIN THE PREMISES
NON-BREATHABLE WALL-COVERINGS OR LOW-PERMEANCE PAINTS.
ADDITIONALLY, ANY AND
ALL BUILT-IN CASEWORK, FURNITURE, AND/OR SHELVING SHALL BE INSTALLED OVER FLOOR
COVERINGS TO ALLOW AIR SPACE AND AIR MOVEMENT AND SHALL NOT BE INSTALLED WITH
BACKBOARDS FLUSH AGAINST ANY GYPSUM BOARD, MASONRY BLOCK OR CONCRETE WALL.
LANDLORD DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE EXISTENCE
OR DEVELOPMENT OF MOLDS OR OTHER MYCOTOXINS, AND TENANT SHALL BE DEEMED TO WAIVE
AND EXPRESSLY RELEASE ANY SUCH WARRANTY AND CLAIM FOR LOSS OR DAMAGES RESULTING
FROM THE EXISTENCE AND/OR DEVELOPMENT OF MOLDS OR OTHER MYCOTOXINS.
TENANT
SHALL BE SOLELY RESPONSIBLE FOR, AND SHALL INDEMNIFY, PROTECT, DEFEND AND HOLD
EACH OF THE LANDLORD INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST, ALL CLAIMS,
JUDGMENTS, SUITS, CAUSES OF ACTION, DAMAGES, PENALTIES, FINES, LIABILITY, LOSSES
AND REASONABLE EXPENSES (INCLUDING, WITHOUT LIMITATION, INVESTIGATION AND
CLEAN-UP COSTS, ATTORNEYS' FEES, CONSULTANT FEES AND COURT COSTS) THAT MAY BE
ASSERTED AGAINST, OR SUSTAINED BY, ANY OF THE LANDLORD INDEMNIFIED PARTIES BY
REASON OF TENANT'S BREACH OF ANY OF THE OBLIGATIONS AND COVENANTS SET FORTH IN
SECTION 5.3.5.
5.3.6
THE RESPECTIVE INDEMNITY OBLIGATIONS OF LANDLORD AND TENANT UNDER
THIS SECTION 5.3 SHALL SURVIVE THE LEASE TERMINATION DATE.
ARTICLE VI.
SERVICES AND UTILITIES
6.1
SERVICES AND UTILITIES.
TENANT SHALL BE SOLELY RESPONSIBLE FOR
PAYING FOR ALL UTILITIES (INCLUDING, WITHOUT LIMITATION, ELECTRICAL POWER,
NATURAL GAS, WATER, WASTE WATER DRAINAGE, STORM SEWER DRAINAGE AND TELEPHONE AND
FIBER OPTIC SERVICE) CONSUMED BY, OR PROVIDED TO THE PREMISES ON BEHALF OF, THE
TENANT OR ITS SUBLESSEES OR LICENSEES, AND, EXCEPT FOR THE OBLIGATIONS OF
LANDLORD UNDER SECTION 7.1 OF THIS LEASE, ALL OTHER SERVICES OR AMENITIES THAT
TENANT REQUIRES OR DESIRES TO BE FURNISHED TO THE PREMISES FROM AND AFTER THE
COMMENCEMENT DATE FOR ITS OCCUPANCY, USE AND ENJOYMENT THEREOF.
TENANT WILL
CONTRACT WITH THE SUPPLIERS OR VENDORS OF ALL SUCH UTILITIES, SERVICES AND
AMENITIES TO PROVIDE SUCH SERVICES TO THE BUILDING FROM AND AFTER THE
COMMENCEMENT DATE (I.E., CHANGE THE NAME ON THE VARIOUS UTILITY ACCOUNTS TO THAT
OF TENANT), AND WILL MAKE ALL PAYMENTS THEREFOR DIRECTLY TO THE SUPPLIER OR
VENDOR, AND LANDLORD AGREES TO COOPERATE WITH TENANT IN PROCURING ANY SUCH
UTILITIES, SERVICES AND AMENITIES UPON TENANT'S WRITTEN REQUEST.
6.2
INTERRUPTION OF ESSENTIAL REQUIRED SERVICES.
IF (I) ANY
INTERRUPTION OR CESSATION OF AN ESSENTIAL REQUIRED SERVICE (AS DEFINED BELOW)
RENDERS ALL OR ANY PORTION OF THE PREMISES UNTENANTABLE (AS DEFINED IN
SECTION 5.3.4), (II) SUCH INTERRUPTION OR CESSATION ARISES SOLELY FROM AS A
RESULT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR OTHER INTENTIONAL ACT OF
LANDLORD, ITS AGENTS, EMPLOYEES OR CONTRACTORS, (III) SUCH INTERRUPTION OR
CESSATION IS NOT CAUSED BY DAMAGE TO THE BUILDING RESULTING FROM A FIRE OR
CASUALTY (IN WHICH CASE SECTION 11.1 SHALL CONTROL), (IV)
12
Tenant notifies