CRIMINAL OR CIVIL
PENALTY OR FINE. IF TENANT SHALL FAIL TO CANCEL OR DISCHARGE ANY TENANT CREATED
LIEN WITHIN THE TENANT LIEN CURE PERIOD, LANDLORD MAY, AT ITS SOLE OPTION,
CANCEL OR DISCHARGE THE SAME, AND UPON LANDLORD'S DEMAND, TENANT SHALL PROMPTLY
REIMBURSE LANDLORD FOR ALL REASONABLE COSTS INCURRED IN CANCELING OR DISCHARGING
SUCH LIENS.
EXCEPT TO THE EXTENT THAT SUCH COSTS ARE CAUSED BY LANDLORD'S
ACTIONS.
(C)
TENANT SHALL INDEMNIFY AND HOLD LANDLORD HARMLESS FROM AND AGAINST
ALL COSTS (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS OF SUIT), LOSSES,
LIABILITIES, OR CAUSES OF ACTION IF, AND TO THE EXTENT, ARISING OUT OF THE
PERFORMANCE OF ANY ALTERATIONS, INCLUDING ANY TENANT CREATED LIEN ASSERTED IN
CONNECTION THEREWITH.
72
(D)
LANDLORD AND TENANT EXPRESSLY AGREE AND ACKNOWLEDGE THAT NO
INTEREST OF LANDLORD IN THE LEASED PREMISES OR THE PROPERTY SHALL BE SUBJECT TO
ANY LIEN FOR IMPROVEMENTS MADE BY TENANT IN OR FOR THE LEASED PREMISES, AND THAT
LANDLORD SHALL NOT BE LIABLE FOR ANY LIEN FOR ANY IMPROVEMENTS MADE BY TENANT,
SUCH LIABILITY BEING EXPRESSLY PROHIBITED BY THE TERMS OF THIS LEASE. LANDLORD
MAY FILE IN THE PUBLIC RECORDS OF THE COUNTY IN WHICH THE BUILDING IS LOCATED, A
PUBLIC NOTICE CONTAINING A TRUE AND CORRECT COPY OF THIS PARAGRAPH.
5.5
Repairs by Landlord
(A)
LANDLORD SHALL KEEP AND MAINTAIN, AND MAKE ALL NEEDED REPAIRS TO,
THE BASE BUILDING AND THE COMMON AREAS IN GOOD CONDITION AND REPAIR IN
ACCORDANCE WITH THE STANDARDS GENERALLY APPLICABLE WITH RESPECT TO COMPARABLE
BUILDINGS (ANY SUCH MAINTENANCE AND/OR REPAIRS FOR WHICH LANDLORD IS RESPONSIBLE
BEING HEREIN COLLECTIVELY CALLED "LANDLORD REPAIRS").
(B)
IF, AND TO THE EXTENT THAT, THE NEED FOR ANY LANDLORD REPAIR
ARISES OUT OF ANY NEGLIGENT OR WRONGFUL ACT OR OMISSION BY TENANT OR ANY TENANT
PARTY, THEN TENANT, WITHIN THIRTY (30) DAYS AFTER WRITTEN DEMAND, SHALL PAY OR
REIMBURSE LANDLORD FOR ALL THE REASONABLE OUT-OF-POCKET COSTS INCURRED BY
LANDLORD IN PERFORMING SUCH REPAIR (TOGETHER WITH INTEREST THEREON, AT THE
APPLICABLE RATE, FROM THE DATE INCURRED TO THE DATE SO PAID OR REIMBURSED).
(C)
LANDLORD SHALL PROMPTLY MAKE ALL LANDLORD REPAIRS (CONSIDERING THE
NATURE AND URGENCY OF THE REPAIR), AND PERFORM THE SAME IN A GOOD AND
WORKMANLIKE MANNER. ACCESS TO THE LEASED PREMISES IN CONNECTION WITH THE MAKING
OF ANY SUCH REPAIRS SHALL BE GOVERNED BY THE PROVISIONS OF SECTION 4.2 ABOVE.
(D)
IF LANDLORD SHOULD FAIL TO MAKE ANY LANDLORD REPAIR WITH
REASONABLE PROMPTNESS AFTER WRITTEN NOTICE FROM TENANT, THEN TENANT'S CURE
RIGHTS UNDER SECTION 13.1(B) HEREOF SHALL BE APPLICABLE TO THE EXTENT PROVIDED
THEREIN, AND, AS PROVIDED THEREIN, TENANT MAY (EXCEPT TO THE EXTENT THAT THE
PROVISIONS OF SECTION 5.5(B) HEREOF ARE APPLICABLE) RECOVER THE REASONABLE COST
THEREOF FROM LANDLORD.
5.6
Repairs by Tenant
(A)
TENANT, AT ITS EXPENSE, SHALL KEEP AND MAINTAIN, TAKE GOOD CARE
OF, AND MAKE ALL NEEDED REPAIRS TO, (I) THE LEASED PREMISES (INCLUSIVE OF THE
LEASEHOLD IMPROVEMENTS) , EXCLUDING, HOWEVER, THE COMPONENTS OF THE BASE
BUILDING LOCATED WITHIN THE LEASED PREMISES, AND (II) ANY