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by Tenant, then Landlord shall refund the excess to Tenant within thirty (30) days. If the total of the
<br />Center Expenses paid by Tenant for such whole or partial calendar year is less than the actual amount
<br />of the Center Expenses payable by Tenant with respect to such whole or partial calendar year, then
<br />Tenant shall pay the amount of such deficiency with the next regular installment of Modified Gross
<br />Rent unless the Termination Date has occurred, in which case Tenant shall pay any deficiency within
<br />thirty (30) days after Landlord delivers Landlord's written statement.
<br />5.9 Utilities. Tenant shall: (a) promptly pay all charges for sewer, water, gas, electricity, telephone,
<br />and other utility services used in, on, at, or from, the Premises (all of which utilities shall be separately metered to
<br />the Premises) (the "Utility Charges'); and (b) deliver to Landlord, upon demand, receipts or other satisfactory
<br />evidence of payment of the Utility Charges.
<br />ARTICLE VI.
<br />ALTERATIONS AND MAINTENANCE OF AND REPAIRS TO THE PREMISES
<br />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 Ten Thousand Dollars ($10,000.00); (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 opened the Premises for business. Tenant shall not, without the prior written consent of Landlord,
<br />which shall not be withheld unreasonably, make any: (1) alterations, improvements, or additions of or to the exterior
<br />of the Premises; or (2) except as described above, structural or other alterations, improvements, or additions of or to
<br />any part of the Premises. All alterations, improvements, or additions to the Premises, exclusive of moveable
<br />equipment, shall become the sole property of Landlord on the Termination Date.
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