Common use of Alterations and Repairs Clause in Contracts

Alterations and Repairs. A. Tenant shall not make or permit any interior or exterior alterations, additions, improvements or changes, structural or otherwise, to the Premises or the Project, nor make any installations which may require any change to the heating, ventilating, air conditioning, electrical or plumbing systems of the Project (collectively, "Work") without obtaining the prior written consent of Landlord in each instance which will not be unreasonably withheld. As a condition to granting its consent, Landlord may impose reasonable requirements, including, without limitation, requirements as to the manner and time for the performance of any Work, the type and amount of insurance, bonds and security for payment Tenant must provide, the plans and specifications relating to the Work, the contractors performing the Work, the contracts and building permits relating to the Work, the activities being undertaken within the Project relating to the Work, and the removal of the Work at the expiration or termination of this Lease. Landlord shall be reimbursed by Tenant for all reasonable costs incurred in connection with its review and supervision of the Work. In no event will such supervision or right to supervise by Landlord, nor any approvals given by Landlord under this Lease, constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of any Work or materials for Tenant's intended use or otherwise, or impose any liability upon Landlord in connection with the performance of such Work. All Work shall be performed in a good and workmanlike manner and in full compliance with applicable laws, ordinances and regulations, and all insurance requirements. B. Tenant shall promptly pay all contractors and materialmen for the Work and furnish Landlord with sworn construction statements and lien waivers upon request of Landlord. Any mechanic's lien filed against the Premises or the Project for Work or materials furnished or claimed to have been furnished in connection with the Work or to Tenant shall be released and discharged by Tenant, by bond or otherwise, within ten (10) days after the filing of such lien at Tenant's sole expense. Tenant agrees to indemnify, hold harmless and defend Landlord, its agents and employees, the Premises, the Building and the Project from any loss, damage or expense, including reasonable attorney's fees, arising out of any lien claim or other claim relating to any Work. Nothing contained in this Lease shall be construed as a consent by Landlord so as to subject the Landlord's interest in the Premises to any lien or liability under applicable mechanic's lien laws. C. Landlord shall maintain and repair the foundations, exterior walls, structural portions, roof and common areas of the Project, and the heating, air conditioning, ventilating, electrical, elevator and plumbing systems serving the Project (except improvements or fixtures in or primarily serving the Premises) in good condition, ordinary wear except; provided that: (1) Landlord's obligations shall be subject to the provisions of this Lease concerning casualty loss and condemnation, and the cost of such repairs shall be included in Operating Costs subject to the terms and conditions of Section 2; (2) Tenant shall promptly at its expense repair all damage to the Premises or the Project caused by Tenant or any of its employees, agents or invitees, by Tenant's failure to comply with or perform any of Tenant's obligations under this Lease, or by the installation, operation or removal of Tenant's improvements or fixtures; and (3) Landlord shall use reasonable diligence in carrying out its obligations under this Section, but shall not be liable under any circumstances for any consequential damage to any person or property for any failure to do so, nor shall the same constitute an eviction of Tenant or relieve Tenant from performance of Tenant's obligations under this Lease except as expressly provided in Section 36 or otherwise in this Lease. D. Except for ordinary wear and as otherwise provided in this Lease, Tenant shall at its expense maintain and repair the Premises, all improvements and fixtures in or primarily serving the Premises, and all of Tenant's trade fixtures and personal property at the Premises in good condition. If due to Tenant's use of the Premises, alterations or improvements to the Premises or the Project are necessary to comply with any present or future governmental laws, ordinances or regulations or requirements of insurance carriers, Tenant shall at its expense promptly perform such alterations or improvements in compliance with this Section 5. If Tenant fails to perform any obligation under this Section 5, then on not less than ten (10) days notice to Tenant (or immediately if an emergency), Landlord may enter the Premises and perform such obligations, and Tenant shall pay Landlord, upon demand, the cost thereof as Additional Rent.

Alterations and Repairs. A. 9.1 Tenant shall not make or permit suffer to be made any interior or exterior alterations, additions, additions or improvements to or changes, structural or otherwise, to of the Demised Premises or the Projectany part thereof; or attach any fixtures or equipment thereto, nor make any installations without first obtaining Landlord’s written consent, which may require any change to the heating, ventilating, air conditioning, electrical or plumbing systems of the Project (collectively, "Work") without obtaining the prior written consent of Landlord in each instance which will shall not be unreasonably withheld. As a condition All such alterations, additions and improvements shall be performed by contractors and subject to granting its consentconditions specified by Landlord. If any such alterations, Landlord may impose reasonable requirements, including, without limitation, requirements as additions or improvements to the manner and time Demised Premises consented to by Landlord after the Commencement Date shall be made by Landlord for Tenant’s account; Tenant shall reimburse Landlord for the performance cost thereof (including a reasonable charge for Landlord’s overhead related thereto) as the work proceeds within five (5) days after receipt of any Workstatements therefor. All such alterations, additions and improvements shall become the type and amount property of insurance, bonds and security for payment Tenant must provide, the plans and specifications relating to the Work, the contractors performing the Work, the contracts and building permits relating to the Work, the activities being undertaken within the Project relating to the Work, and the removal of the Work at Landlord upon the expiration or termination of this Lease. Landlord Lease and shall be reimbursed by Tenant for all reasonable costs incurred in connection with its review and supervision remain on the Demised Premises upon the expiration or termination of the Work. In no event will such supervision or right to supervise by Landlord, nor any approvals given by Landlord under this Lease, constitute any warranty by Landlord Lease without compensation to Tenant of unless Landlord elects by notice to Tenant to have Tenant remove the adequacy of the designsame, workmanship or quality of any Work or materials for Tenant's intended use or otherwise, or impose any liability upon Landlord in connection with the performance of such Work. All Work shall be performed in a good and workmanlike manner and in full compliance with applicable laws, ordinances and regulations, and all insurance requirements. B. which event Tenant shall promptly pay restore the Demised Premises to their condition prior to the installation of such alterations, additions and improvements; provided, however, that Tenant shall have the right to remove its moveable trade fixtures and equipment provided that it promptly restores the Demised Premises to their condition prior to the installation thereof. 9.2 Tenant shall keep the Demised Premises and every part thereof in good condition and repair, Tenant hereby waiving all contractors and materialmen for rights to make repairs at the Work and furnish expense of Landlord with sworn construction statements and lien waivers upon request or in lieu thereof to vacate the Demised Premises as provided by any law, statute or otherwise now or hereafter in effect All repairs made by or on behalf of Landlord. Any mechanic's lien filed against the Premises or the Project for Work or materials furnished or claimed to have been furnished in connection with the Work or to Tenant shall be released made and discharged by Tenant, by bond or otherwise, within ten (10) days after performed in such manner as Landlord and in accordance with the filing rules relating thereto annexed to this Lease as Exhibit “E” and all applicable laws and regulations of such lien at Tenant's sole expensegovernmental authorities having jurisdiction. Tenant agrees to indemnifyshall, hold harmless and defend Landlord, its agents and employees, the Premises, the Building and the Project from any loss, damage or expense, including reasonable attorney's fees, arising out of any lien claim or other claim relating to any Work. Nothing contained in this Lease shall be construed as a consent by Landlord so as to subject the Landlord's interest in the Premises to any lien or liability under applicable mechanic's lien laws. C. Landlord shall maintain and repair the foundations, exterior walls, structural portions, roof and common areas of the Project, and the heating, air conditioning, ventilating, electrical, elevator and plumbing systems serving the Project (except improvements or fixtures in or primarily serving the Premises) in good condition, ordinary wear except; provided that: (1) Landlord's obligations shall be subject to the provisions of this Lease concerning casualty loss Section 9.1 hereof, at the end of the term hereof surrender to Landlord the Demised Premises in the same condition as when received, ordinary wear and condemnationtear and damage by fire, earthquake, act of God or the elements excepted. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the cost of such repairs shall be included in Operating Costs subject to the terms and conditions of Section 2; (2) Tenant shall promptly at its expense repair all damage to the Demised Premises or any part thereof and no representations respecting the Project caused condition of the Demised Premises, the Building or the Development have been made by Landlord to Tenant or any of its employees, agents or invitees, by Tenant's failure to comply with or perform any of Tenant's obligations under this Lease, or by the installation, operation or removal of Tenant's improvements or fixtures; and (3) Landlord shall use reasonable diligence in carrying out its obligations under this Section, but shall not be liable under any circumstances for any consequential damage to any person or property for any failure to do so, nor shall the same constitute an eviction of Tenant or relieve Tenant from performance of Tenant's obligations under this Lease except as expressly provided in Section 36 or otherwise set forth in this Lease. D. Except for ordinary wear and as otherwise provided in this Lease, Tenant shall at its expense maintain and repair the Premises, all improvements and fixtures in or primarily serving the Premises, and all of Tenant's trade fixtures and personal property at the Premises in good condition. If due to Tenant's use of the Premises, alterations or improvements to the Premises or the Project are necessary to comply with any present or future governmental laws, ordinances or regulations or requirements of insurance carriers, Tenant shall at its expense promptly perform such alterations or improvements in compliance with this Section 5. If Tenant fails to perform any obligation under this Section 5, then on not less than ten (10) days notice to Tenant (or immediately if an emergency), Landlord may enter the Premises and perform such obligations, and Tenant shall pay Landlord, upon demand, the cost thereof as Additional Rent.

Alterations and Repairs. A. Landlord shall (a) make all necessary repairs to the roof, exterior walls, exterior doors, windows and corridors of the Building, (b) keep the common areas of the Property in a clean, neat and attractive condition, and (c) keep the Building equipment such as plumbing, heating, air conditioning and similar Building equipment in good repair, but Landlord shall not be liable or responsible for breakdowns or interruptions in service when reasonable efforts are made to restore such service. If Tenant requires a repair pursuant to this Section 13.A. (except in the event of an emergency), Tenant shall submit its request in writing to Landlord or the Management Agent. Landlord shall have no obligation to make any repair not make or permit any interior or exterior alterationsrequested in writing (except in the event of an emergency). The cost of all such repairs, additions, improvements or changes, structural or otherwise, maintenance and services provided by Landlord shall be paid by Tenant as Operating Costs to the extent provided in Section 7 of this Lease. With the exception of Landlord’s obligations set forth above in this Section 13.A., Tenant shall, at its own expense, otherwise maintain the Premises or in a clean, neat and sanitary condition, and shall keep the Project, nor make any installations which may require any change to the heating, ventilating, air conditioning, electrical or plumbing systems of the Project Premises and every part thereof (collectively, "Work") without obtaining the prior written consent of Landlord in each instance which will not be unreasonably withheld. As a condition to granting its consent, Landlord may impose reasonable requirements, including, without limitation, requirements as to the manner and time for the performance of any Workall fixtures, the type and amount of insurancealterations, bonds and security for payment Tenant must provide, the plans and specifications relating to the Work, the contractors performing the Work, the contracts and building permits relating to the Work, the activities being undertaken within the Project relating to the Work, and the removal of the Work at the expiration or termination of this Lease. Landlord shall be reimbursed by Tenant for all reasonable costs incurred in connection with its review and supervision of the Work. In no event will such supervision or right to supervise by Landlord, nor any approvals given by Landlord under this Lease, constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of any Work or materials for Tenant's intended use or otherwise, or impose any liability upon Landlord in connection with the performance of such Work. All Work shall be performed in a good and workmanlike manner and in full compliance with applicable laws, ordinances and regulationsimprovements, and all insurance requirements. B. Tenant shall promptly pay all contractors specialty and materialmen for the Work supplemental systems and furnish Landlord with sworn construction statements and lien waivers upon request of Landlord. Any mechanic's lien filed against the Premises equipment [such as, but not limited to, any uninterrupted power supply system, back-up generator system or the Project for Work or materials furnished or claimed to have been furnished in connection with the Work or to Tenant shall be released and discharged by Tenant, by bond or otherwise, within ten (10) days after the filing of such lien at Tenant's sole expense. Tenant agrees to indemnify, hold harmless and defend Landlord, its agents and employees, the Premises, the Building and the Project from any loss, damage or expense, including reasonable attorney's fees, arising out of any lien claim or other claim relating to any Work. Nothing contained in this Lease shall be construed as a consent by Landlord so as to subject the Landlord's interest supplemental HVAC system] in the Premises to any lien whether installed by Landlord or liability under applicable mechanic's lien laws. C. Landlord shall maintain and repair the foundations, exterior walls, structural portions, roof and common areas of the Project, and the heating, air conditioning, ventilating, electrical, elevator and plumbing systems serving the Project (except improvements or fixtures in or primarily serving the PremisesTenant) in good repair and tenantable condition, ordinary wear except; provided that: (1) Landlord's obligations shall be subject to the provisions of this Lease concerning casualty loss and condemnation, and the cost of such repairs shall be included in Operating Costs subject to the terms and conditions of Section 2; (2) Tenant shall promptly at its expense and adequately repair all damage to the Premises under the supervision and with the approval of Landlord and within a reasonable period of time as specified by Landlord, loss by ordinary wear and tear, fire and other casualty excepted. If Tenant does not do so promptly and adequately, Landlord may, but need not, make such repairs and Tenant shall pay Landlord immediately upon request by Landlord. Tenant hereby waives all rights to make repairs at the expense of Landlord as provided by any law, statute or ordinance now or hereafter in effect. To the Project caused extent not paid by Tenant or any as part of its employeesOperating Costs, agents or invitees, by Tenant's failure to comply with or perform any of Tenant's obligations under this Lease, or by the installation, operation or removal of Tenant's improvements or fixtures; and (3) Landlord Tenant shall use reasonable diligence in carrying out its obligations under this Section, but shall not be liable under any circumstances pay for any consequential damage repairs to the Premises, the Building and/or the Property made necessary by any person negligence or property for any failure to do so, nor shall the same constitute an eviction carelessness of Tenant or relieve Tenant from performance of Tenant's obligations under this Lease except as expressly provided in Section 36 its employees or otherwise invitees (notwithstanding anything to the contrary contained in this Lease). D. Except for ordinary wear and as otherwise provided B. Tenant may not do any work (“Alterations”) in this Lease, Tenant shall at its expense maintain and repair the Premises, all improvements and fixtures in or primarily serving the Premises, and all of Tenant's trade fixtures and personal property at the Premises such as, but not limited to, painting, decorating, erecting partitions, making alterations or additions, nailing, boring or screwing into the ceilings, walls or floors without the consent of Landlord in good condition. If due to Tenant's use each and every instance, provided however, that (i) a cosmetic Alteration such as painting, decorating, wallpapering, carpeting or hanging pictures does not require the approval of Landlord unless it is visible from the exterior of the Premises, alterations (ii) Landlord hereby approves the installation of 80” high movable panels by Facilitec, Inc., and (iii) Landlord’s consent shall not be unreasonably withheld in cases of other Alterations not visible from the exterior of the Premises. Under the circumstances described in clause (iii) of the immediately preceding sentence however, compliance with this Section 13.B. is required. The decision of Landlord to refuse such consent shall be conclusive. It shall not be unreasonable for Landlord to withhold its approval of any Alteration which impacts structure or any Building system, penetrates the roof, or which would otherwise result in requiring additional improvements to the Premises and/or the Property. In the event Landlord grants the requested approval, Tenant shall be responsible for the cost of any such Alteration, as well as the cost of any improvements to the Premises and/or Property required as the result thereof, subject to the provisions of Article 34 below with respect to the Initial Alterations. In order to obtain such consent, Tenant shall furnish Landlord: (i) plans and specifications for the Alterations (which Tenant warrants are in conformance with all applicable Laws and consistent in all respects with the aesthetics and the following “Systems” of the Building: electrical, heating, ventilating, air-cooling, plumbing/fire protection and structural) prepared at the expense of Tenant, by the Building engineers, or at the Project discretion of Landlord, other engineers acceptable to Landlord, (ii) affidavits from such engineers stating that the Alterations will not in any way adversely affect any Systems in the Building, (iii) names and addresses of contractors (“Contractors”) and subcontractors (“Subcontractors”), (iv) copies of contracts with Contractors and Subcontractors which shall provide, among other things, that no changes, amendments, extras or additional work are necessary permitted without the consent of Landlord, and (v) evidence of insurance coverage acceptable to Landlord. In addition, Tenant shall comply with any present and all additional procedures and requirements set forth on Appendix “B” in connection with any such Alterations. Landlord reserves the right to deny any Contractor or future governmental laws, ordinances Subcontractor entry to the Building but the failure of Landlord to exercise this right shall not be deemed an approval of either the financial stability or regulations quality of workmanship of any such Contractor or requirements of insurance carriers, Tenant shall at its expense promptly perform such alterations or improvements in compliance with this Section 5. If Tenant fails to perform any obligation under this Section 5, then on not less than ten (10) days notice to Tenant (or immediately if an emergency), Landlord may enter the Premises and perform such obligations, and Tenant shall pay Landlord, upon demand, the cost thereof as Additional RentSubcontractor.

Alterations and Repairs. A. Tenant shall not make or permit any interior or exterior alterations, additions, improvements or changes, structural or otherwise, to the Premises or the Project, nor make any installations which may require any change to the heating, ventilating, air conditioning, electrical or plumbing systems of the Project (collectively, "collectively “Work"”) without obtaining the prior written consent of Landlord in each instance which will not be unreasonably withheldinstance. As a condition to granting its consent, . Landlord may impose reasonable requirements, including, requirements including without limitation, limitation requirements as to the manner and time for the performance of any Work, the type and amount of insurance, bonds and security for payment Tenant must provide, provide the plans and specifications relating to the Work, the contractors performing the Work, the contracts and building permits relating to the Work, the activities being undertaken within the Project relating to the Work, and the removal of the Work Work, at the expiration or termination of this Lease. Landlord shall be reimbursed by Tenant for all reasonable costs incurred in connection with its review and supervision of the Work. In , in no event will such supervision or right to supervise by Landlord, Landlord nor any approvals given by Landlord under this Lease, Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, design workmanship or quality of any Work or materials for Tenant's ’s intended use or otherwise, otherwise or impose any liability upon Landlord in connection with the performance of such Work. All Work shall be performed in a good and workmanlike manner and in full compliance with applicable laws, ordinances and regulations, and all insurance requirements. B. Tenant shall promptly pay all contractors and materialmen for the Work and furnish Landlord with sworn construction statements and lien waivers upon request of Landlord. Any mechanic's ’s lien filed against the Premises or the Project for Work or materials furnished or claimed to have been furnished in connection with the Work or to Tenant shall be released and discharged by Tenant, by bond or otherwise, otherwise within ten (10) days after the filing of such lien at Tenant's ’s sole expense. expense Tenant agrees to indemnify, indemnify hold harmless and defend Landlord, its agents and employees, employees the Premises, the Building and the Project from any loss, damage or expense, including reasonable attorney's ’s fees, arising out of any lien claim or other claim relating to any Work. Nothing contained in this Lease shall be construed as a 3 consent by Landlord so as to subject the Landlord's ’s interest in the Premises to any lien or liability under applicable mechanic's ’s lien laws. C. Landlord shall maintain and repair the foundations, foundations exterior walls, structural portions, roof and common areas of the Project, Project and the heating, heating air conditioning, conditioning ventilating, electrical, elevator and plumbing systems serving the Project (except improvements or fixtures in or primarily serving the Premises) Premise in good condition, condition ordinary wear except; excepted: provided that: : (1I) Landlord's ’s obligations shall be subject to the provisions of this Lease concerning casualty loss and condemnation, condemnation and the cost of such repairs shall be included in Operating Costs subject to the terms and conditions of Section 2; (2) Tenant shall promptly at its expense repair all damage to the Premises or the Project caused by Tenant or any of its employees, agents or invitees, by Tenant's ’s failure to comply with or perform any of Tenant's ’s obligations under this Lease, or by the installation, installation operation or removal of Tenant's ’s improvements or fixtures; and and (3) Landlord shall use reasonable diligence in carrying out its obligations under this Section, Section but shall not be liable under any circumstances for any consequential loss, expense or damage to any person or property for any failure to do so, by/*2 abatement of Rent or otherwise, nor shall the same constitute an eviction of Tenant or relieve Tenant from performance of Tenant's ’s obligations under this Lease except as expressly provided in Section 36 or otherwise in this Lease. D. Except for ordinary wear and as otherwise provided in this Lease, . Tenant shall at its expense maintain and repair the Premises, all improvements and fixtures in or primarily serving the Premises, and all of Tenant's ’s trade fixtures and personal property at the Premises in good condition. If due to Tenant's ’s use of the Premises, Premises alterations or improvements to the Premises or the Project are necessary to comply with any present or future governmental laws, ordinances or regulations or requirements of insurance carriers, . Tenant shall at its expense promptly perform such alterations or improvements in compliance with this Section 5. If Tenant fails to perform any obligation under this Section 5, 5 then on not less than ten (10) days notice to Tenant (or immediately if an emergency), . Landlord may enter the Premises and perform such obligations, obligations and Tenant shall pay Landlord, Landlord upon demand, demand the cost cost *1. consequential damages or *2. consequential damages or thereof as Additional Rent.

Alterations and Repairs. A. Tenant shall not make or permit suffer to be made any interior or exterior alterations, additions, additions or improvements to or changes, structural of said premises or otherwise, to any part thereof without the Premises or the Project, nor make any installations which may require any change to the heating, ventilating, air conditioning, electrical or plumbing systems of the Project (collectively, "Work") without obtaining the prior written consent of Landlord in each instance which will not be unreasonably withheldfirst had and obtained and any alterations, additions or improvements to or of said premises, except movable furniture and trade fixtures, shall at once become a part of the realty and belong to Landlord. As a condition to granting its consent, In the event Landlord may impose reasonable requirements, including, without limitation, requirements as consents to the manner and time for the performance making of any Workalteration, additions or improvements to said premises by Tenant, the type same shall be made by Tenant at Tenant's sole cost and amount expense and any contractor or person selected by Tenant to make the same must first be approved of insurance, bonds and security for payment Tenant must provide, the plans and specifications relating to the Work, the contractors performing the Work, the contracts and building permits relating to the Work, the activities being undertaken within the Project relating to the Work, and the removal of the Work at in writing by Landlord. Upon the expiration or sooner termination of this Lease. Landlord shall be reimbursed by the term, Tenant for all reasonable costs incurred in connection with its review and supervision of the Work. In no event will such supervision or right to supervise shall, upon demand by Landlord, nor at Tenant's sole cost and expense, forthwith and with all due diligence remove any approvals given alterations, additions or improvements made by Tenant, designated by Landlord under this Leaseto be removed, constitute and Tenant shall forthwith and with all due diligence at its sole cost and expense, repair any warranty damage caused by such removal. By entry hereunder, Tenant accepts the premises as being in good, sanitary order, condition and repair. Tenant shall at Tenant's sole cost and expense keep said premises and every part thereof including glass in good condition and repair, damage thereto by fire, earthquake, act of God or the elements excepted, Tenant hereby waiving all rights to make repairs at the expense of Landlord as provided by any law, statute or ordinance now or hereafter in effect. Tenant shall, upon the expiration or sooner termination of the term hereof, surrender said premises to Landlord in the same condition as when received, ordinary wear and tear and damage by fire, earthquake, act of God or the elements excepted. It is specifically understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, repair, decorate or paint said premises or any part thereof and that no representations respecting the conditions of said premises or the building of which said premises are a part have been made by Landlord to Tenant of the adequacy of the design, workmanship or quality of any Work or materials for Tenant's intended use or otherwise, or impose any liability upon Landlord in connection with the performance of such Work. All Work shall be performed in a good and workmanlike manner and in full compliance with applicable laws, ordinances and regulations, and all insurance requirements. B. Tenant shall promptly pay all contractors and materialmen for the Work and furnish Landlord with sworn construction statements and lien waivers upon request of Landlord. Any mechanic's lien filed against the Premises or the Project for Work or materials furnished or claimed to have been furnished in connection with the Work or to Tenant shall be released and discharged by Tenant, by bond or otherwise, within ten (10) days after the filing of such lien at Tenant's sole expense. Tenant agrees to indemnify, hold harmless and defend Landlord, its agents and employees, the Premises, the Building and the Project from any loss, damage or expense, including reasonable attorney's fees, arising out of any lien claim or other claim relating to any Work. Nothing contained in this Lease shall be construed as a consent by Landlord so as to subject the Landlord's interest in the Premises to any lien or liability under applicable mechanic's lien laws. C. Landlord shall maintain and repair the foundations, exterior walls, structural portions, roof and common areas of the Project, and the heating, air conditioning, ventilating, electrical, elevator and plumbing systems serving the Project (except improvements or fixtures in or primarily serving the Premises) in good condition, ordinary wear except; provided that: (1) Landlord's obligations shall be subject to the provisions of this Lease concerning casualty loss and condemnation, and the cost of such repairs shall be included in Operating Costs subject to the terms and conditions of Section 2; (2) Tenant shall promptly at its expense repair all damage to the Premises or the Project caused by Tenant or any of its employees, agents or invitees, by Tenant's failure to comply with or perform any of Tenant's obligations under this Lease, or by the installation, operation or removal of Tenant's improvements or fixtures; and (3) Landlord shall use reasonable diligence in carrying out its obligations under this Section, but shall not be liable under any circumstances for any consequential damage to any person or property for any failure to do so, nor shall the same constitute an eviction of Tenant or relieve Tenant from performance of Tenant's obligations under this Lease except as expressly provided in Section 36 or otherwise in this Lease. D. Except for ordinary wear and as otherwise provided in this Lease, Tenant shall at its expense maintain and repair the Premises, all improvements and fixtures in or primarily serving the Premises, and all of Tenant's trade fixtures and personal property at the Premises in good conditionspecifically herein set forth. If due to Tenant's use of the Premises, alterations or improvements to the Premises or the Project are necessary to comply with any present or future governmental laws, ordinances or regulations or requirements of insurance carriers, Tenant shall at its expense promptly perform such alterations or improvements in compliance with this Section 5. If Tenant fails to perform any obligation under this Section 5, then on not less than ten (10) days notice to Tenant (or immediately if an emergency), Landlord may enter the Premises and perform such obligations, and Tenant shall pay Landlord, upon demand, the cost thereof as Additional Rent.SEE EXHIBIT "A"