Tenant to Perform. In the event that any action or proceeding shall be brought against Landlord by reason of any obligation on Tenant’s part to be performed under the terms of this Lease, or arising from any act or negligence of Tenant, its agents, or employees, then Tenant, upon notice from Landlord, shall defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord, and Tenant hereby agrees to hold Landlord harmless from and against all liability resulting therefrom.
Tenant to Perform. Until the sooner to occur of (a) the date another tenant occupies the Building and (b) the first day of the twenty fifth (25th) calendar month following the Commencement Date, Tenant, at its sole cost and expense, shall perform the obligations of the Landlord with regard to the operation, maintenance and repair of the Real Estate and Building as set forth in Section 5.1 B. (i) through (iv) above and Tenant, not Landlord, shall pay 100% of all CAM Costs incurred as a result thereof. Beginning on the sooner to occur of (a) and (b) above, the Landlord shall perform the obligations with regard to the operation, maintenance and repair of the Real Estate and Building, as set forth in Section 5.1 B. (i) through (iv) above, and the Tenant shall pay Landlord, on a monthly basis and in an amount reasonably estimated by Landlord (with a year end reconciliation) its share of said CAM Costs, which CAM Costs shall be reasonably apportioned in accordance with the total rentable floor area of the Premises as it relates to the total rentable floor area of the Building; provided that from and after the date Landlord takes over the obligation for the operation, maintenance and repair of the Real Estate and Building (as set forth in Section 5.1 B. (i) through (iv) above), Landlord shall have the right to include in said CAM Costs an administrative fee equal to four (4%) percent of the gross rent and charges received by Landlord from all tenants of the Real Estate. Notwithstanding anything to the contrary contained in this Lease, the Landlord shall be responsible for all replacement costs with regard to the Real Estate and the Building, except as set forth in Section 8.1 B hereof.
