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falling plaster, steam, gas, electricity, water, or rain which may leak from any part of the <br />building or from the pipes, appliances, or plumbing works therein or from the roof of any <br />structure on the Property, or from any other place resulting from dampness or any other <br />cause whatsoever, unless caused by or due to negligence of Landlord, its agents, servants <br />or employees for failing to repair such condition(s) within a reasonable time after written <br />notice of the need for such repair is given to Landlord by Tenant. <br />Tenant shall give prompt notice to Landlord with respect to any defects, fire or <br />accidents observed by Tenant on the Premises, or on the Property, or of defects therein, <br />or in the fixtures or equipment. <br />10. SUBROGATION <br />As long as their respective insurers so permit, Landlord and Tenant hereby <br />mutually waive their respective rights of recovery against each other for any loss insured <br />by fire, extended coverage and other property insurance policies existing for the benefit <br />of the respective parties. Each party shall obtain any special endorsements, if required by <br />their insurer to evidence compliance with the aforementioned waiver. <br />11. SERVICES AND UTILITIES <br />Landlord agrees to furnish to the Premises, on all days that the Property is open to <br />the public, subject to the rules and regulations of the Property, water and electricity <br />suitable for the intended use of the Premises, heat, ventilation and air conditioning <br />required for the comfortable use and occupation of the Premises. Landlord agrees to <br />provide janitorial services pursuant to Exhibit B, "Janitorial Specifications", a copy of <br />which is attached hereto and incorporated herein. The Landlord shall also maintain the <br />plumbing, gas, air conditioning and electrical systems on the Property, as well as the <br />common areas of the Property. <br />Landlord shall pay the cost of providing the above utilities, and shall determine <br />the amount expended in the first twelve months of the Lease as a "Base Year". <br />Assuming that the options to renew are exercised, the Tenant shall pay the cost of all <br />such utilities to the extent such exceed the cost in the Base Year. Landlord shall bill <br />Tenant for such additional utility costs as additional rent, on a quarterly or other <br />convenient basis, which shall be due and payable by Tenant within thirty (30) days after <br />receipt. Tenant shall be entitled to, and Landlord shall provide, accounting records to <br />confirm the cost of utilities over the Base Year cost. <br />12. RULES AND REGULATIONS <br />Tenant shall faithfully observe and comply with the rules and regulations that <br />Landlord shall from time to time promulgate. Landlord reserves the right from time to <br />time to make all reasonable modifications to said rules. The additions and modifications <br />to those rules shall be binding upon Tenant upon delivery of a copy of them to Tenant. <br />25H-6 <br />