A REASONABLY PROMPT
MANNER FOLLOWING LANDLORD'S RECEIPT OF TENANT'S WRITTEN NOTICE DESCRIBING THE
NATURE OF THE REPLACEMENTS NEEDED IN REASONABLE DETAIL, OR OTHERWISE FOLLOWING
LANDLORD DETERMINING THE NEED FOR
13
ANY SUCH REPLACEMENT, AS APPLICABLE, (II) SHALL BE PERFORMED IN ACCORDANCE WITH
ALL APPLICABLE LEGAL REQUIREMENTS, IN A GOOD AND WORKMANLIKE MANNER AND IN A
MANNER SO AS NOT TO DAMAGE THE PREMISES OR THE COMPONENTS THEREOF, AND (III) BY
CONTRACTORS AND SUBCONTRACTORS SELECTED BY LANDLORD.
BEFORE UNDERTAKING ANY
WORK DESCRIBED IN THIS SECTION 7.1, LANDLORD'S CONTRACTORS AND SUBCONTRACTORS
SHALL BE REQUIRED TO DELIVER CERTIFICATES OF INSURANCE EVIDENCING COMMERCIALLY
REASONABLE AMOUNTS OF COMMERCIAL GENERAL LIABILITY INSURANCE COVERAGE (BASED ON
THE SCOPE OF WORK TO BE PERFORMED), AND NAMING TENANT AS AN ADDITIONAL INSURED
THEREUNDER.
(D)
NOTWITHSTANDING ANYTHING IN THIS LEASE TO THE CONTRARY, IN THE
EVENT AND TO THE EXTENT THE PREMISES IS RENDERED UNTENANTABLE (AS DEFINED IN
SECTION 5.3.4) AND TENANT IS UNABLE TO USE OR OCCUPY THE PREMISES FOR MORE THAN
THREE (3) CONSECUTIVE BUSINESS DAYS AS A RESULT OF ANY RESTORATION, REMEDIATION
OR REPLACEMENT OBLIGATIONS THAT ARE DESIGNATED UNDER THIS LEASE AS OBLIGATIONS
TO BE PERFORMED BY LANDLORD UNDER THIS LEASE, THEN RENT DUE UNDER THIS LEASE BY
TENANT WITH RESPECT TO AND TO THE EXTENT OF THE UNTENANTABLE PORTION OF THE
PREMISES SHALL ABATE THEREAFTER UNTIL SUCH TIME AS THE AFFECTED PORTION(S) OF
THE PREMISES ARE RETURNED TO A TENANTABLE CONDITION, AND (II) IN THE EVENT FIFTY
PERCENT (50%) OR MORE OF THE PREMISES IS RENDERED UNTENANTABLE FOR A PERIOD OF
ONE HUNDRED EIGHTY (180) CONSECUTIVE DAYS AS A RESULT OF ANY SUCH REPAIRS OR
MAINTENANCE, THEN TENANT SHALL HAVE THE RIGHT TO TERMINATE THIS LEASE BY
PROVIDING WRITTEN NOTICE TO LANDLORD AT ANY TIME AFTER THE EXPIRATION OF SAID
180-DAY PERIOD BUT PRIOR TO THE DATE THE PREMISES ARE RETURNED TO A TENANTABLE
CONDITION.
7.2
TENANT'S OBLIGATIONS.
7.2.1
EXCEPT AS OTHERWISE PROVIDED IN ARTICLES XI AND XIII HEREOF,
THROUGHOUT THE LEASE TERM AND DURING ANY OPTION TERM, TENANT SHALL KEEP THE
PREMISES IN GOOD ORDER AND CONDITION IN ACCORDANCE WITH THE TENANT'S MANAGEMENT
STANDARD (AS DEFINED IN SECTION 7.3) AND SHALL PROMPTLY AND ADEQUATELY MAINTAIN,
AND REPAIR ANY AND ALL DAMAGE TO, THE PREMISES (EXCEPT FOR THE OBLIGATIONS OF
LANDLORD DURING THE LEASE TERM AS SET FORTH IN SECTION 7.1 ABOVE), ALL IN A GOOD
AND WORKMANLIKE MANNER AND AT TENANT'S SOLE COST AND EXPENSE, INCLUDING WITHOUT
LIMITATION THE OBLIGATION TO MAINTAIN AND REPAIR (BUT NOT REPLACE (EXCEPT AS
PROVIDED IN SECTION 7.1(B)) LANDLORD CAPITAL IMPROVEMENTS.
WITHOUT LIMITING THE
GENERALITY OF THE IMMEDIATELY PRECEDING SENTENCE, DURING THE LEASE TERM AND ANY
OPTION TERM TENANT SHALL MAKE ALL REQUIRED MAINTENANCE, REPAIRS AND REPLACEMENTS
OF THE ROADWAYS AND PARKING FACILITIES SERVING THE PREMISES, AND THE ROOF
MEMBRANES, GUTTERS, DOWNSPOUTS, MECHANICAL, ELECTRICAL, PLUMBING AND LIFE SAFETY
SYSTEMS AND FIXTURES (INCLUDING, WITHOUT LIMITATION, ELEVATORS, HVAC EQUIPMENT,
BOILERS, PLUMBING FIXTURES AND ALL OTHER SYSTEMS AND EQUIPMENT SERVING THE
PREMISES), THAT MAY BECOME NECESSARY IN ORDER FOR THOSE SYSTEMS TO