period as Landlord deems advisable or necessary in
order to make repairs, alternations or improvements or because of labor
disturbances, strikes, accidents or any other causes beyond Landlord's control.
(F)
LANDLORD SHALL BE RESPONSIBLE, AT
LANDLORD'S SOLE COST AND EXPENSE, FOR STRUCTURAL REPAIRS AND REPLACEMENT OF HVAC
UNITS INSTALLED IN THE BUILDING.
EXCEPT AS OTHERWISE PROVIDED IN
PARAGRAPH 7(C) HEREOF, THESE REPAIRS SHALL NOT BE INCLUDED AS PART OF THE
EXPENSES,
8.
UTILITIES.
Landlord shall install
meters for measuring Tenant's electric and gas usage and all other utility
services to the Premises, and Tenant shall pay the utility company directly for
such usage, which shall be in addition to the Expenses as defined herein.
9.
CONSTRUCTION OF BUILDING.
(A)
LANDLORD SHALL CONSTRUCT THE BUILDING ON
THE LAND IN ACCORDANCE WITH ITS PLANS AND SPECIFICATIONS FOR THE BUILDING.
(B)
IF THE LANDLORD IS DELAYED AT ANY TIME IN
THE PROGRESS OF CONSTRUCTING THE BUILDING BY CHANGES REQUESTED BY TENANT, BY
LABOR DISPUTES, UNAVAILABILITY OF MATERIALS OR SUPPLIES, FIRE, WAR OR CIVIL
DISOBEDIENCE, UNUSUAL DELAY IN TRANSPORTATION, UNAVOIDABLE CASUALTIES, ACTS OF
GOD, OR ANY OTHER CAUSE BEYOND THE LANDLORD'S CONTROL, THE COMMENCEMENT DATE
SHALL BE EXTENDED FOR A PERIOD OF TIME EQUAL TO THE PERIOD OF SUCH DELAY.
(C)
LANDLORD WARRANTS AND REPRESENTS TO TENANT
THAT NO PART OF THE PREMISES OR BUILDING (INCLUDING THE WALLS, CEILINGS,
STRUCTURAL STEEL, FLOORING AND PIPES) SHALL BE WRAPPED, INSULATED OR FIREPROOFED
WITH ANY ASBESTOS, ASBESTOS-CONTAINING MATERIAL OR OTHER HAZARDOUS MATERIAL.
(D)
LANDLORD AGREES TO DELIVER POSSESSION OF THE
PREMISES TO TENANT IN COMPLIANCE WITH ALL ZONING AND ALL OTHER MUNICIPAL,
COUNTY, STATE AND FEDERAL GOVERNMENTAL LAWS, CODES AND REQUIREMENTS, INCLUDING
THE AMERICANS WITH DISABILITIES ACT.
10.
BUILDING STANDARD WORK ALLOWANCE.
(A)
TENANT WILL BE ENTIRELY RESPONSIBLE FOR
INTERIOR IMPROVEMENTS TO BE MADE TO THE PREMISES.
ALL SUCH IMPROVEMENTS SHALL
BE MADE IN ACCORDANCE WITH TENANT'S PLANS AND SPECIFICATIONS, MARKED AS EXHIBITS
"A" AND "E" ATTACHED HERETO AND MADE A PART HEREOF, SUBJECT TO LANDLORD'S REVIEW
AND APPROVAL FROM AN ENGINEERING STANDPOINT.
ALL SUCH WORK SHALL BE PERFORMED
BY LANDLORD'S CONTRACTORS AND BILLED AT THE RATE OF THE SUBCONTRACTOR'S OR
SUPPLIER'S COST PLUS A TOTAL OF 15% FOR CONSTRUCTION MANAGEMENT FEE, OVERHEAD,
AND BUILDER'S PROFIT.
(B)
THE COST OF THE WORK PERFORMED IN THE
PREMISES "INTERIOR IMPROVEMENTS".
TENANT AGREES TO PAY FOR THIS ENTIRE AMOUNT
PROMPTLY UPON BILLING THEREFOR.
11.
SIGNS.
Landlord agrees to provide or allow
exterior signage as follows: Exterior signage consisting of a building
directional sign on the interior campus road frontage, and a building tenant
directory at the exterior of the building.
6
12.
AFFIRMATIVE COVENANTS OF TENANT.
Tenant
covenants and agrees that it will without demand:
(A)
COMPLY WITH ALL REQUIREMENTS OF ANY
GOVERNMENTAL AUTHORITIES WHICH APPLY TO TENANT'S USE OF THE PREMISES.
PROMPTLY
COMPLY, OR CAUSE COMPLIANCE, WITH ALL LAWS AND ORDINANCES AND THE ORDERS, RULES,
REGULATIONS AND REQUIREMENTS OF ALL FEDERAL, STATE, COUNTY AND MUNICIPAL
GOVERNMENTS AND APPROPRIATE DEPARTMENTS, COMMISSIONS, BOARDS AND OFFICERS
THEREOF, FORESEEN OR UNFORESEEN, ORDINARY