OTHER THIRD PARTIES OR ANY
DAMAGE TO SUCH SYSTEMS CAUSED BY TENANTS OR OTHER THIRD PARTIES) AND THE COMMON
AREA IN GOOD ORDER AND REPAIR, EXCLUDING, HOWEVER, ALL REPAIRS WHICH TENANT IS
OBLIGATED TO MAKE OR PAY FOR PURSUANT TO THIS SECTION 8.1 AND ALL REPAIRS WHICH
ANY OTHER TENANT OF THE BUILDING IS REQUIRED TO MAKE PURSUANT TO THE TERMS OF
SUCH TENANT'S LEASE. TENANT SHALL GIVE LANDLORD PROMPT NOTICE OF ANY DEFECTIVE
CONDITION IN ANY VENTILATING, AIR-CONDITIONING,
18
PLUMBING, HEATING SYSTEM, ELECTRICAL LINES OR WINDOWS LOCATED IN, SERVICING OR
PASSING THROUGH THE DEMISED PREMISES AND FOLLOWING SUCH NOTICE, LANDLORD SHALL
USE COMMERCIALLY REASONABLE EFFORTS WHERE PRACTICABLE TO INITIATE ALL REPAIRS
PROMPTLY AND TO REMEDY THE CONDITION WITH DUE DILIGENCE, SUBJECT TO UNAVOIDABLE
DELAY, BUT AT THE EXPENSE OF TENANT IF REPAIRS ARE NECESSITATED BY ANY ACT
ATTRIBUTABLE TO TENANT, TENANT'S SERVANTS, AGENTS, EMPLOYEES, INVITEES OR
LICENSEES; PROVIDED, HOWEVER, THAT NO LIABILITY OF LANDLORD TO TENANT SHALL
ACCRUE HEREUNDER UNLESS AND UNTIL TENANT HAS GIVEN NOTICE TO LANDLORD OF THE
SPECIFIC REPAIR TO BE MADE.
TENANT SHALL HAVE THE RIGHT FROM TIME TO TIME AT
ITS ELECTION TO TEST THE AIR QUALITY IN THE DEMISED PREMISES.
SUCH TESTS SHALL
BE AT TENANT'S SOLE COST AND EXPENSE EXCEPT THAT LANDLORD SHALL REIMBURSE TENANT
THE ACTUAL AND REASONABLE COST OF SUCH TEST IN THE EVENT THE TEST RESULTS SHOW
AN UNACCEPTABLE AIR QUALITY CONDITION ACCORDING TO INDUSTRY STANDARDS REASONABLY
DETERMINED.
(B)
TENANT, AT ITS SOLE COST AND EXPENSE, SHALL
TAKE GOOD CARE OF THE DEMISED PREMISES, INCLUDING ALL FLOOR COVERINGS AND DOORS
IN THE DEMISED PREMISES, AND TENANT'S PROPERTY AND FIXTURES.
ALL REPAIRS MADE
BY OR ON BEHALF OF TENANT SHALL BE MADE AND PERFORMED IN ACCORDANCE WITH THE
PROVISIONS OF SECTION 8.2 AND SHALL BE AT LEAST EQUAL IN QUALITY AND DESIGN TO
THE ORIGINAL CONSTRUCTION OF THE DEMISED PREMISES AND THE BUILDING.
IF TENANT
FAILS TO PROCEED WITH DUE DILIGENCE TO MAKE REPAIRS REQUIRED TO BE MADE BY
TENANT, AND SUCH FAILURE SHALL CONTINUE FOR 10 DAYS AFTER NOTICE FROM LANDLORD,
THE SAME MAY BE MADE BY LANDLORD AT THE EXPENSE OF TENANT AND THE AMOUNT SO
INCURRED BY LANDLORD SHALL BE PAID TO LANDLORD BY TENANT IMMEDIATELY UPON
SUBMISSION OF A BILL OR STATEMENT THEREFOR BY LANDLORD.
TENANT SHALL HAVE NO
RESPONSIBILITY FOR THE MAINTENANCE OR UPKEEP OF PLATE GLASS OR WINDOWS IN THE
DEMISED PREMISES, EXCEPT TO THE EXTENT TENANT IS RESPONSIBLE FOR THE BREAKAGE OF
SUCH PLATE GLASS OR WINDOWS IN WHICH CASE THE ABOVE PROVISIONS OF ARTICLE 8.1
WOULD OTHERWISE APPLY.
8.2
ALTERATIONS.
Tenant shall not make any alterations, additions or improvements (collectively,
"Alterations") in or to the Demised Premises without Landlord's prior written
consent, which consent shall not be unreasonably withheld or delayed.
The Work
(as defined in the Work Letter attached as Exhibit D) is not considered
Alterations and, accordingly is not subject to the terms of this Section 8.2.
Tenant shall only utilize contractors approved by Landlord, which approval shall
not