OF THE GENERAL MAINTENANCE SERVICES THAT LANDLORD HAS
ELECTED TO PROVIDE OR (Y) REVOKE ITS ELECTION TO PROVIDE ANY OR ALL OF THE
GENERAL MAINTENANCE SERVICES, IN EITHER EVENT, UPON DELIVERY OF NOT LESS THAN
THIRTY (30) DAYS' PRIOR WRITTEN NOTICE TO TENANT.
13.1.3.
HVAC MAINTENANCE CONTRACT.
IF LANDLORD DOES NOT ELECT TO REPAIR
AND MAINTAIN THE HVAC SYSTEMS AS PART OF GENERAL MAINTENANCE SERVICES, OR
REVOKES SUCH ELECTION AT ANY TIME AFTER HAVING MADE SUCH ELECTION, THEN, WITHIN
30 DAYS FOLLOWING EITHER (A) THE COMMENCEMENT DATE OR (B) THE DATE ON WHICH
LANDLORD ADVISES TENANT THAT LANDLORD WILL NO LONGER PROVIDE GENERAL MAINTENANCE
SERVICES FOR THE HVAC SYSTEM, WHICHEVER DATE IS APPLICABLE, TENANT SHALL PROCURE
AND DELIVER TO LANDLORD THE HVAC MAINTENANCE CONTRACT.
THEREAFTER, TENANT SHALL
PROVIDE TO LANDLORD A COPY OF RENEWALS OR REPLACEMENTS OF SUCH HVAC MAINTENANCE
CONTRACT NO LATER THAN 30 DAYS PRIOR TO THE THEN-APPLICABLE EXPIRY DATE OF THE
EXISTING HVAC MAINTENANCE CONTRACT.
IF TENANT FAILS TO TIMELY DELIVER TO
LANDLORD THE HVAC MAINTENANCE CONTRACT (OR ANY APPLICABLE RENEWAL OR REPLACEMENT
THEREOF), THEN LANDLORD SHALL HAVE THE RIGHT TO CONTRACT DIRECTLY FOR THE
PERIODIC MAINTENANCE OF THE HVAC SYSTEMS IN THE PREMISES AND TO CHARGE THE COST
THEREOF BACK TO TENANT AS ADDITIONAL RENT.
13.2.
LANDLORD REPAIRS.
NOTWITHSTANDING ANYTHING CONTRARY HEREIN,
LANDLORD SHALL REPAIR, REPLACE AND RESTORE THE FOUNDATION, EXTERIOR AND INTERIOR
LOAD-BEARING WALLS, ROOF STRUCTURE AND ROOF COVERING AND TUCKPOINTING OF THE
PROPERTY; PROVIDED, HOWEVER, THAT (I) ALL COSTS AND EXPENSES SO INCURRED BY
LANDLORD TO REPAIR, REPLACE AND RESTORE THE ABOVE ITEMS SHALL CONSTITUTE
OPERATING EXPENSES; PROVIDED, HOWEVER, THAT WITH RESPECT TO ANY COSTS INCURRED
IN THE REPLACEMENT CONTEXT, THOSE COSTS SHALL NOT CONSTITUTE AN OPERATING
EXPENSE EXCEPT TO THE EXTENT THAT SUCH COSTS SO QUALIFY UNDER SECTION
3.1.1(VII); AND (II) NOTWITHSTANDING (I) ABOVE, IN THE EVENT THAT ANY SUCH
REPAIR, REPLACEMENT OR RESTORATION IS NECESSITATED BY ANY OR ALL OF THE MATTERS
SET FORTH IN SECTIONS 13.1(A) THROUGH (D) ABOVE (COLLECTIVELY, "TENANT
NECESSITATED REPAIRS"), THEN TENANT SHALL BE REQUIRED TO REIMBURSE LANDLORD FOR
ALL COSTS AND EXPENSES THAT LANDLORD INCURS IN ORDER TO PERFORM SUCH TENANT
NECESSITATED REPAIRS, AND SUCH REIMBURSEMENT SHALL BE PAID, IN FULL, WITHIN 10
DAYS AFTER LANDLORD'S DELIVERY OF DEMAND THEREFOR.
LANDLORD AGREES
9
TO COMMENCE THE REPAIRS, REPLACEMENTS OR RESTORATION DESCRIBED IN THIS SECTION
13.2 WITHIN A REASONABLE PERIOD OF TIME AFTER RECEIVING FROM TENANT WRITTEN
NOTICE OF THE NEED FOR SUCH REPAIRS.
14.
UTILITIES.
TENANT SHALL PURCHASE ALL UTILITY SERVICES AND SHALL
PROVIDE FOR SCAVENGER, CLEANING AND EXTERMINATION SERVICES.
AS PROVIDED IN
SECTION 3.1.1. ABOVE, UTILITY CHARGES ARE INCLUDED WITHIN OPERATING EXPENSES;
THEREFORE, WHEN AND AS TENANT PAYS ESTIMATED OPERATING EXPENSES, THOSE ESTIMATED
MONTHLY PAYMENTS SHALL INCLUDE MONTHLY ESTIMATED INSTALLMENTS OF UTILITY
CHARGES; NEVERTHELESS, AT LANDLORD'S ELECTION OR WITH LANDLORD'S CONSENT, TENANT
MAY PAY THE UTILITY CHARGES FOR ITS PREMISES DIRECTLY TO THE UTILITY OR
MUNICIPALITY PROVIDING SUCH SERVICE, AND IN THAT EVENT:
(A) ALL CHARGES SHALL
BE PAID BY TENANT BEFORE THEY BECOME DELINQUENT;