Tenants Obligations. Tenants obligations under this Section 30 shall survive the expiration or earlier termination of the Lease. During any period of time after the expiration or earlier termination of this Lease required by Tenant or Landlord to complete the removal from the Premises of any Hazardous Materials (including, without limitation, the release and termination of any licenses or permits restricting the use of the Premises and the completion of the approved Surrender Plan), Tenant shall continue to pay the full Rent in accordance with this Lease for any portion of the Premises not relet by Landlord in Landlords sole discretion, which Rent shall be prorated daily.
Tenant shall contract for and pay directly when due for all gas, light, power, telephone and data, sprinkler charges, cleaning, waste disposal in excess of that provided by Landlord, and other utilities and services (the Services) used on or from the Premises, penalties, surcharges or the like pertaining thereto. If any such Services are not separately billed or metered to Tenant, Tenant shall pay an equitable share, as determined in good faith by Landlord, of all charges jointly billed or metered with other premises in the Project. Tenant shall also be responsible and pay for any personal property, sales, use or income taxes associated with Tenants use or occupancy of the Premises, insurance required to be carried by Tenant under the Lease, and Tenants repair and maintenance duties under the Lease.
Tenant shall # repair any damage to the roof of the Building to the extent caused by the installation or operation of the Tenants Roof Equipment, # operate and maintain the Tenants Roof Equipment so that it does not cause interference with any telecommunications, mechanical or other systems located at or servicing the Building as of the date of Tenants installation of Tenants Roof Equipment, # Tenant shall always comply with the roof warranty governing the protection of the roof and modifications to the roof provided Tenant has first been provided with a copy of any such roof warranty, and # install, maintain and operate the Tenants Roof Equipment in accordance with all applicable Laws. Tenant agrees that the installation, operation and removal of the Tenants Roof Equipment shall be at its sole risk, except to the extent any injury or damage is due to the gross negligence or intentional misconduct of Landlord and/or Landlords Representatives. Tenant shall indemnify and defend Landlord and other Landlord Parties against any Claims incurred in connection with the loss of life, personal injury, damage to property or business or any other loss or injury arising out of the installation, use, operation, or removal of Tenants Roof Equipment by Tenant or its employees, agents, contractors, or invitees, including any liability arising out of Tenants violation of this Article XXX.
Tenants Restoration Obligations. Unless this Lease is terminated as provided in Paragraph 25.3 or Paragraph 25.4, in the event of a Casualty, Tenant shall, to the extent that insurance proceeds are available to Tenant therefor (or would have been available to Tenant had Tenant carried the insurance required to be carried pursuant to this Lease and complied with the terms of such insurance policies), restore the Tenant Improvements to substantially the same condition existing prior to the Casualty except for modifications required by zoning and building codes and other Applicable Laws. Tenant shall otherwise have no duty or obligation to restore any of the Alterations or Tenants equipment, furniture, furnishings, trade fixtures or personal property therein, it being agreed that, subject to the preceding sentence, Tenant shall be permitted to restore the Premises to a condition different from that existing prior to the Casualty. Tenant shall proceed with reasonable diligence, given the nature of the work, to effect such restoration in a good and workmanlike manner and in accordance with applicable Laws, subject to Force Majeure Events. If this Lease is terminated as provided in Paragraph 25.3 or Paragraph 25.4, Tenant, no later than the expiration or sooner termination of this Lease, shall remove the damaged Tenant Improvements, Alterations and Tenants equipment, furniture, furnishings, trade fixtures or personal property unless the Building is to be razed and/or demolished, in which case Tenant shall have no obligation to remove any such improvements or personal property.
Tenants Repairs. Subject to Section 13 hereof, Tenant, at its expense, shall repair, replace and maintain in good condition all portions of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlords notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises.
The Tenant covenants with the Landlord as follows:
Tenants Agents. Tenants Contractor, together with all subcontractors, laborers, materialmen and suppliers used by Tenant, are collectively referred to herein as Tenants Agents. All Major Subcontractors must be approved in writing by Landlord, which approval shall not be unreasonably withheld or delayed. Major Subcontractors shall mean any contractor (other than Tenants Contractor) or subcontractor performing Tenant Improvement Work costing in excess of Two Hundred Fifty Thousand Dollars ($250,000) in the aggregate or performing work affecting the Base Building Systems.
Tenants Representative. Tenant has designated Steve Kemnitzer (Tenants Representative) as its sole representative with respect to the matters set forth in this Agreement, who, until further notice to Landlord, shall have full authority and responsibility to act on behalf of the Tenant as required in this Agreement. Tenant may change Tenants Representative at any time upon not less than five (5) Business Days advance written notice to Landlord.
Tenants Security Equipment. Tenant shall have the right to # institute such security measures entirely within the Premises as it may determine in its sole discretion, at Tenants sole cost and expense and at no cost to Landlord , # install key-card systems to the Premises from the internal stairwells of the Common Areas adjacent to the Premises, and # install, at Tenants sole cost and expense, security fencing and/or other measures to secure the Buildings Subterranean Parking Facility, subject to Landlords reasonable approval of such fencing and other measures (collectively, Tenants Security Equipment), subject to all Applicable Laws, fire rating requirements and any so-called fail safe open requirements. The use of the internal stairwells pursuant to this Paragraph 16.3 shall not impair any existing approvals concerning the existing use and construction of the stairwells. At Tenants sole cost, Tenant shall be permitted to tie Tenants Security Equipment into the Base Building Systems if requested by Tenant provided that # Tenants Security Equipment is compatible with the Base Building Systems and # Tenants Security System does not materially and adversely interfere with the Base Building Systems. Landlord must have the ability, at all times, to access the stairwells and to activate any such Tenant Security Equipment; provided, however, that, except in the event of an emergency, Landlord shall not deactivate Tenants Security System, whether in connection with inspection, maintenance or repair of the Buildings fire/life safety system or otherwise, without providing reasonable prior notice to Tenant. Tenant shall keep and maintain any Tenants Security Equipment in good working order, condition and repair throughout the Term. In no event shall Tenant be entitled to any credit against Rent (including Tenants Proportionate Share of Operating Expenses) or to any exclusions from Operating Expenses in the determination of Tenants Proportionate Share of Operating Expenses. as a result of Tenants election to provide security measures or equipment to its Premises. Prior to the expiration or earlier termination of this Lease, Tenant shall, upon written request by Landlord, remove the Tenants Security Equipment and associated wiring and repair any damage to the Premises or the Building caused by such removal. Tenant acknowledges and agrees that Tenants use of the stairwell and the installation, operation and maintenance of the Tenants Security Equipment shall be at Tenants sole risk and Landlord shall have no liability whatsoever in connection therewith. For the sake of clarity, the waiver of liability with respect to the stairwell in the preceding sentence is limited to Tenants use of the stairwell and does not extend to Landlords obligation to construct the stairwell in accordance with the Building Plans and all Applicable Laws.
Tenants Termination Rights. In the event of any Casualty and if Landlord does not elect to terminate this Lease or is not entitled to terminate this Lease as provided above, Tenant may elect to terminate this Lease upon the occurrence of any of the following circumstances, in which event Tenant must make such election to terminate this Lease by giving Landlord written notice of such election not later than thirty (30) days after Tenants receipt of Landlords Casualty Notice:
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