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installations thereon, provided that any changes made described in accordance with subsection (4) and (5)
<br /> above shall not materially and adversely affect the number of parking spaces on the Subject Parcel an the or
<br /> • obstruct or block access to the Premises from the"Driveway Access" as shown on Exhibit C attached hereto:
<br /> and Landlord shall not be subject to liability therefor, nor shall Tenant be entitled to any compensation or
<br /> rent adjustment therefor, nor shall any such action be deemed an actual or constructive eviction of Tenant.
<br /> Any such changes requiring approval of the City of St. Anthony or other governmental authority having
<br /> jurisdiction shall not be made unless such approval is first obtained.
<br /> ARTICLE 11: UTILITIES
<br /> A Electricity, Natural Gas, Water and Sewer. Landlord agrees to cause mains, conduits and other
<br /> facilities to be provided which are capable of supplying electricity,natural gas,water and sewer service to the
<br /> Premises for its intended use. Tenant shall pay for all utilities,including without limitation,electricity,natural
<br /> gas, telephone,water and sewer service used in the Premises. If Landlord shall elect to supply the service or
<br /> services used, or if said services are invoiced to Tenant through Landlord, Tenant shall accept and use the
<br /> same as tendered by Landlord and pay therefor, at the applicable rates filed with the proper regulating
<br /> authority, and in effect, or if not required to be so filed, or if not in effect, then at rates prevailing in the
<br /> vicinity for similar service.
<br /> B. Heating, Air Conditioning and Ventilating. Tenant agrees at its own cost to repair, operate and
<br /> maintain the system designed to heat, air condition and ventilate the Premises.
<br /> C. Interruption of Service. Landlord shall not be liable in damages or otherwise if the furnishing by any
<br /> supplier of any utility service or other service to the Premises shall be interrupted or impaired by fire,accident,
<br /> riot,strike, act of God, the making of necessary repairs or improvements or by any causes beyond Landlord's
<br /> control,provided,however,that in the event any such utilities are interrupted for more than
<br /> rive (5) days and the cause of such interruption is an
<br /> • event covered by Landord's insurance, then Rent shall abate hereunder for the period of such interruption
<br /> following said five_(_ period. Landlord shall cause all necessary repairs to such
<br /> services to be made as soon as reasonably possible, and in the event of a repair which necessitates the
<br /> interruption of any such service, Landlord shall give Tenant reasonable advance notice of such interruption.
<br /> D. Energy Shortage. Should it become necessary or desirable because of recommendations or directives
<br /> of public authorities to reduce energy consumption within the Subject Parcel,Tenant will cooperate in energy
<br /> conservation programs in accordance with reasonable, uniform and non-discriminatory standards established
<br /> by Landlord.
<br /> ARTICLE 12: MAINTENANCE, REPAIRS AND ALTERATIONS
<br /> A. Landlord's Obligations. Landlord shall keep or cause to be kept,and shall comply with all Applicable
<br /> Laws with respect to, (1) the foundations, the exterior and interior load-bearing walls, the roof, downspouts
<br /> and gutters of the building of which the Premises are a part,and(2)to the extent Tenant or other tenants are
<br /> not obligated to maintain the same, all utility systems, lines, conduits and appurtenances thereto located
<br /> outside the Premises and within the Landlord's control,and (3) to the extent any utilities are metered within
<br /> the Premises, all utility systems, lines,conduits and appurtenances thereto located within the Premises up to
<br /> the meter, in good repair, ordinary wear and tear excepted; provided however, if the need for such repair is
<br /> directly or indirectly attributable to or results from action or inaction of Tenant or from the business activity
<br /> being conducted within the Premises, then, in such case, Tenant agrees, subject to the limitations of Article
<br /> 1.3, Section E hereof, to reimburse Landlord for all costs and expenses incurred by Landlord with respect to
<br /> such repair. In the event repair or changes are required by changes in local, state or federal laws, rules or
<br /> ordinances which occur after the date of this Lease, Tenant agrees to reimburse Landlord for all costs and
<br /> expenses incurred by Landlord with respect thereto,Brovided if such changes or repair are of a capital nature,
<br /> all such costs as are necessary because of Tenant's particular tvpe of business or activity on the Premises
<br /> shall be paid by Tenant,and if otherwise,the cost thereof shall be amortized and Tenant shall nav the amount
<br /> to be amortized over the remainder of Term.inclusive of the Option Term. Landlord shall commence repairs
<br /> it is required to do hereunder as soon as reasonably practicable after receiving written notice from Tenant of
<br /> the necessity of such repairs, but in no event shall Landlord be required to make any other repairs, subject
<br /> to the provisions of Article 17 and Article 18 Section A herein. Notwithstanding any provisions to the
<br /> contrary in this Lease,if any default shall occur in the performance of any of Landlord's obligations under this
<br /> Article 12, Section A, or Article 10, Section B relating to Landlord's obligation to operate and maintain the
<br /> Common Areas on the Subject Parcel, then Tenant,without being obligated to and without thereby waiving
<br /> such default, after thirty (30) days'written notice to Landlord (plus such additional time as may be required
<br /> to cure a default which,despite Landlord's diligent efforts,cannot by its nature be cured within said thirty(30)
<br /> days), Tenant may perform such obligation. The full amount of the cost and expense so incurred by Tenant
<br /> shall be paid by Landlord to Tenant within thirty(30) days after receipt of a statement therefor from Tenant.
<br /> If Landlord shall fail to pay such costs and expenses within thirty (30) days after receipt of said statement,
<br /> 326559.8 Redlined V8 to V7 9-27-96 13
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