6.1. Landlord Repairs. Landlord shall, at its expense: (a) keep the foundations and roof of the
<br />Premises in good order, repair and condition; and (b) maintain the exterior walls of the Premises in a structurally
<br />sound condition, except to the extent that there is damage caused by any act or omission of Tenant or its employees,
<br />agents, contractors, invitees or licensees. Landlord shall be responsible for the installation and replacement of all
<br />heating, ventilating, and cooling equipment and systems serving the Premises (the "HVAC Systems ") provided
<br />however that the Landlord may bill the Tenant as Additional Rent if the Landlord's consultant determines with
<br />reasonable certainty that the need to replace the HVAC Systems was as a result of the Tenant's misuse of it or the
<br />Tenant's failure to notify the Landlord of its malfunctioning. The Landlord may enter into a maintenance contract
<br />with a reputable company (the "Maintenance Contract "), pursuant to which Maintenance Contract such company
<br />shall institute a regularly scheduled program of preventive maintenance and repair of the HVAC Systems to keep
<br />and maintain such items in good order, condition, and repair at all times, and any such expenses incurred by the
<br />Landlord as a result of such Maintenance Contract or any routine or otherwise insubstantial repairs shall be
<br />considered a Common Expense allocable to this Premises only, unless the HVAC Systems service more than on
<br />Tenant. Except as provided in this Section 6.1, Landlord shall not be obligated to make repairs, replacements or
<br />improvements of any kind to or for the Premises, or any trade fixtures or equipment contained therein, all of which
<br />such repairs, replacements or improvements shall be the responsibility of Tenant.
<br />6.2. Tenant Repairs. Except for repairs to be performed by Landlord pursuant to Section 6. 1, Tenant
<br />shall: (a) keep the Premises clean, neat, and safe, and in good order, repair and condition, including, without
<br />limitation, that Tenant shall make all maintenance, repairs, alterations, additions, or replacements to the Premises as
<br />may be required by any Law, or by fire underwriters or underwriters' fire prevention engineers; (b) keep all glass in
<br />windows, doors, fixtures, skylights, and other locations clean and in good order, repair, and condition, and replace
<br />glass that may be damaged or broken with glass of the same quality; and (c) paint and decorate the Premises as
<br />necessary or appropriate to comply with the terms and conditions of this Section 6.2. The Tenant shall be
<br />responsible for notifying the Landlord of any damage to, malfunctioning of, or apparent repairs necessary to be made
<br />to the HVAC Systems or to the plumbing, electrical or other systems used by or for the Premises.
<br />6.3. Tenant Alterations.
<br />(a) Alterations. Tenant, at its sole cost and expense, may install in the Premises such improvements
<br />and equipment as Tenant reasonably determines to be necessary or appropriate to conduct its business. Tenant, at its
<br />cost and expense, also may make non- structural alterations or improvements to the interior of the Premises if: (i) the
<br />cumulative cost of making such alterations or improvements is less than Three Thousand Dollars ($3,000.00); (ii)
<br />Tenant delivers to Landlord written notice describing the proposed alteration or improvement with particularity, and
<br />provides to Landlord copies of any plans and specifications for the alteration or improvement; and (iii) on the
<br />Termination Date, Tenant surrenders the part of the Premises altered or improved in as good a condition as on the
<br />date that Tenant accepts the Premises. Tenant shall not, without the prior written consent of Landlord, make any:
<br />(1) alterations, improvements, or additions of or to the exterior of the Premises; or (2) except as described above,
<br />structural or other alterations, improvements, or additions of or to any part of the Premises. All alterations,
<br />improvements, or additions to the Premises, exclusive of moveable equipment, shall become the sole property of
<br />Landlord on the Termination Date.
<br />(b) Permits. Before making any alterations, improvements, or additions, Tenant shall: (i) obtain all
<br />permits, licenses, and approvals necessary for the completion of the improvements, alterations, or additions; and (ii)
<br />deliver to Landlord: (A) copies of such permits, licenses, and approvals; and (B) evidence reasonably satisfactory to
<br />Landlord that Tenant has procured workers' compensation, builder's risk, general liability, and personal and
<br />property damage insurance as Landlord reasonably may require. Tenant shall at Tenant's cost and expense: (1)
<br />complete the construction of any alterations, improvements or additions in a good and workmanlike manner, and in
<br />compliance with all Laws and all permits, licenses and approvals; and (2) assure that all contractors, subcontractors,
<br />laborers, and suppliers performing work or supplying materials are paid in full.
<br />(c) Liens. Tenant shall not suffer or cause the filing of any mechanic's or other lien against the
<br />Premises or the Building. Tenant shall further not enter into any contract or agreement that provides explicitly or
<br />implicitly that a lien may be attached against the Premises, the Building or any improvements If any mechanic's or
<br />other lien is filed against the Premises, the Building, or any part thereof for work claimed to have been done for, or
<br />
|