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<br />in good condition and repair, damage thereto from causes beyond the reasonable control of
<br />Tenant and ordinary wear and tear excepted. Tenant shall upon the expiration or sooner
<br />termination of this Lease, surrender the Premises to the Landlord in good condition, ordinary
<br />wear and tear and damage from causes beyond the reasonable control of Ten ant excepted.
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<br />Not withstanding the provisions contained herein, Landlord shall repair and maintain the
<br />structural portions of the Property, including the basic plumbing, air conditioning, heating and
<br />electrical systems, installed or furnished by Landlord, unless such maintenance and repairs are
<br />caused in whole or in part by the act, neglect, fault or omission of any duty by the Tenant, its
<br />agents, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of
<br />such maintenance and repairs.
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<br />Landlord shall not be in breach of its obligations under this article unless Landlord fails to
<br />make repairs or perform maintenance which Landlord is obligated to perform hereunder, and
<br />such failure persists for an unreasonable time after written notice of the need for such repairs or
<br />maintenance is given to Landlord by Tenant.
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<br />10. ASSIGNMENT AND SUBLETTING
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<br />Tenant shall not, either voluntarily or by operation of law, assign, transfer, mortgage,
<br />pledge, or encumber this lease or any interest therein, and shall not sublet said Premises or any
<br />part thereof, or any right or privilege appurtenant thereto, or allow any other person (the
<br />employees, agents, servants, and invitees of Tenant excepted) to occupy or use said Premises, or
<br />any portion thereof, without the prior written consent of the Landlord.
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<br />11. UTILITIES
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<br />Landlord shall be responsible for and pay, prior to the delinquency date, all charges for
<br />utilities (including, if applicable, electricity, gas, water, sewer, refuse collection and cable
<br />services) supplied to the Premises, except telephone, which shall be the obligation of Tenant.
<br />Should Landlord fail to provide utility service to the Premises, Tenant may provide such service
<br />and deduct the cost thereof, including overhead, from any rent payable.
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<br />Landlord shall pay the cost of providing the above utilities, and shall determine the
<br />amount expended in the first twelve months of the Lease. Commencing in the second (2nd) Lease
<br />Year, the Tenant shall pay the Tenant's pro-rata cost (one-third) of all such utilities to the extent
<br />such exceed the base included utilities amount of $1,380.00 per month. Landlord shall bill
<br />Tenant for such additional utility cost as additional rent, on a quarterly or other convenient basis,
<br />which shall be due and payable by Tenant within thirty (30) days after receipt. To the extent, if
<br />any, the base utility amount decreases after the first twelve months, Tenant shall be entitled to an
<br />adjustment of the base utility amount included in the rental sum. Tenant shall be entitled to
<br />accounting records to confirm the cost of utilities over or under the Base Year cost.
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