ARTICLE 7
<br />UTILITIES
<br />7.1 Payment. During the Term, Tenant will pay, when due, all charges of every
<br />nature, kind or description for utilities provided to the Premises, including all charges for water,
<br />sewage, heat, gas, light, garbage, electricity, telephone, steam, power, or other public or private
<br />utility services. Tenant's obligation under this Section 7.1 shall include charges which accrue
<br />during the Term but are payable after the Term, and shall survive expiration of the Term. Any
<br />invoice or billing attributable to utilities provided for a period beyond the Term shall be prorated
<br />such that Tenant has liability only for such utilities provided during the Term.
<br />7.2 Service Installation. Any charges for the underground installation of gas or other
<br />utilities or services, and other charges relating to the extension of or change in the facilities
<br />necessary to provide the Premises with adequate utility services shall be paid by Tenant.
<br />ARTICLE 8
<br />REPAIRS
<br />8.1 Repairs to Building and Premises. Subject to the limitations of Articles 12 and 13
<br />hereof, Tenant shall; at its sole cost and expense throughout the Term, (a) take good care of the
<br />Premises (including any improvements now existing and/or hereafter erected or installed on the
<br />Land); (b) keep the same in order and condition consistent with standards for buildings of
<br />comparable type, quality, age and size in the City; and (c) make and perform all maintenance
<br />thereof and all necessary or appropriate repairs thereto, interior and exterior, structural and
<br />nonstructural (including without limitation to the foundations, HVAC and other systems and the
<br />roof and other structural components of the Building), ordinary and extraordinary, foreseen and
<br />unforeseen, of every nature, kind and description. All of the items referred to in the preceding
<br />sentence are herein referred to as "Repairs", and when used in this Article, "Repairs" shall
<br />include all necessary and appropriate replacements, resurfacing, renewals, alterations, additions
<br />and betterments, whether capital improvements or otherwise, using new materials therefor, but
<br />Tenant shall not be required to make any Repair which would be in excess of those which a
<br />reasonable and prudent owner would make under the circumstances, given the age and condition
<br />of the Building and standards of care and maintenance of buildings of comparable type, quality,
<br />age and size in the City. All Repairs made by Tenant shall be, to the extent reasonably possible,
<br />at least equal in quality to the original work performed in constructing the Building, provided
<br />that Tenant shall have the right to repair, replace or restore the Building or portions thereof with
<br />different exterior components, utilities, roofing, elevator systems, structural components and
<br />mechanical, electrical and plumbing systems, so long as the general design and the structural and
<br />functional integrity and value of the Building is maintained. In the event of any Repairs to the
<br />items described in the preceding sentence, Tenant shall first (except in the case of an emergency
<br />and except for routine and ordinary repairs and maintenance the cost of which is $100,000 or less
<br />and for which plans are not customarily prepared) provide Landlord with notice and with
<br />drawings sufficient for Landlord to review and approve the proposed Repairs, which approval
<br />shall not be unreasonably withheld or delayed. All Repairs made by Tenant shall be made in
<br />accordance with all Applicable Laws.
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