THEREUPON THE PROVISIONS OF SECTION 16.04
SHALL APPLY.
7.03
SURVIVAL. ALL OBLIGATIONS OF TENANT UNDER THIS ARTICLE 7 SHALL
SURVIVE THE EXPIRATION OF THE TERM OR EARLIER TERMINATION OF THIS LEASE.
ARTICLE 8.
HOLDING OVER
If Tenant remains in possession of any Property Location after the expiration of
the Term, Tenant, at Landlord's option and within Landlord's sole discretion,
may be deemed a tenant on a month-to-month basis and shall continue to pay Rent,
except that Tenant shall pay Landlord one hundred twenty-five percent (125%) of
the Base Rent then applicable to the final Lease Year of the Term for the period
Tenant remains in possession of such Property Location. The foregoing provisions
shall not serve as permission for Tenant to holdover, nor serve to extend the
Term (although Tenant shall remain bound to comply with all provisions of this
Lease until Tenant vacates each Property Location, and shall be subject to the
provisions of Article 7).
ARTICLE 9.
CONDITION AND CARE OF PREMISES
9.01
AS-IS CONDITION. TENANT ACKNOWLEDGES AND AGREES THAT TENANT ACCEPTS
EACH PROPERTY LOCATION IN "AS-IS, WHERE-IS" CONDITION AND AGREES THAT LANDLORD
MAKES NO REPRESENTATION OR WARRANTY AS TO THE CONDITION THEREOF. TENANT FURTHER
ACKNOWLEDGES AND AGREES THAT, PRIOR TO THE COMMENCEMENT DATE, TENANT OR AN
AFFILIATE OF TENANT HAS BEEN IN SOLE AND EXCLUSIVE POSSESSION AND CONTROL OF
EACH PROPERTY LOCATION.
9.02
TENANT'S OBLIGATIONS. SUBJECT TO TENANT'S RIGHTS SET FORTH IN
ARTICLE 11 BELOW AND THIS SECTION 9.02, TENANT SHALL MAINTAIN, OR CAUSE TO BE
MAINTAINED, IN GOOD WORKING ORDER EACH PROPERTY LOCATION, INCLUDING THE BUILDING
AND ANY OTHER IMPROVEMENTS LOCATED THEREON, THE EQUIPMENT SERVING THE BUILDING,
AND THE OTHER IMPROVEMENTS LOCATED THEREON, INCLUDING, WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, ROOFS, FOUNDATIONS AND APPURTENANCES TO THE
BUILDING, ALL MECHANICAL, ELECTRICAL, PLUMBING, AND HEATING, AIR-CONDITIONING
AND VENTILATION SYSTEMS LOCATED IN OR OTHERWISE SERVING SUCH BUILDING, AND ALL
WATER, SEWER AND GAS CONNECTIONS, PIPES AND MAINS WHICH SERVICE SUCH BUILDING
WHICH NEITHER ANY PUBLIC UTILITY COMPANY NOR A PUBLIC AUTHORITY IS OBLIGATED TO
REPAIR AND MAINTAIN, AND SHALL PUT, KEEP AND MAINTAIN EACH BUILDING, AND THE
OTHER IMPROVEMENTS ON SUCH PARCEL IN GOOD WORKING ORDER AND MAKE ALL REPAIRS
THEREIN AND THEREON, INTERIOR AND EXTERIOR, STRUCTURAL AND NONSTRUCTURAL,
NECESSARY TO KEEP THE SAME IN GOOD WORKING ORDER AND TO COMPLY WITH ALL
APPLICABLE LAWS, HOWSOEVER THE NECESSITY OR DESIRABILITY THEREFOR MAY OCCUR.
WHEN USED IN THIS LEASE, THE TERM "REPAIRS" SHALL INCLUDE ALL ALTERATIONS,
INSTALLATIONS,
14
REPLACEMENTS, REMOVALS, RENEWALS AND RESTORATIONS, AND THE PHRASE "GOOD WORKING
ORDER" OR "GOOD WORKING CONDITION" MEANS GOOD WORKING ORDER OR GOOD WORKING
CONDITION, REASONABLE WEAR AND TEAR, CASUALTY AND CONDEMNATION EXCEPTED.
NOTWITHSTANDING THE FOREGOING, (A) TENANT ALSO SHALL PERFORM COMMON AREA
MAINTENANCE AND REPAIRS AND OTHER DUTIES WITH RESPECT TO ANY PROPERTY LOCATION
OR ANY ADJOINING PROPERTY TO THE EXTENT THAT LANDLORD IS REQUIRED TO DO SO UNDER
ANY REAS (WHEREUPON TENANT SHALL BE ENTITLED TO REIMBURSEMENT FROM ANY THIRD
PARTY PURSUANT TO ANY SUCH REAS), AND (B) SO LONG