Carbonite 2011 Annual Report Download - page 170

(4) Elevators for ingress to and egress from the Building as may in the judgment of Landlord be reasonably required. Landlord may
reasonably limit the number of elevators in operation after usual and customary business hours and on Saturday afternoons, Sundays and legal holidays.
(5) Replacement of fluorescent lamps in the building standard ceiling mounted fixtures installed by Landlord and incandescent bulb
replacement in all public areas.
4.4 Interruption of Services . Landlord shall not be liable or responsible to Tenant for any loss, damage or expense of any type which
Tenant may sustain or incur if the quantity or character of the utility provided electric service is changed, is no longer available, or is no longer suitable
for Tenant’s requirements. No interruption or malfunction of any electrical or other service (including, without limitation, HVAC) to the OS Tenant
Space (or to any other portion of the Building or Property) shall, in any event, (i) constitute an eviction or disturbance of Tenant’s use and possession of
the OS Tenant Space, (ii) constitute a breach by Landlord of any of Landlord’s obligations under the Lease or this Rider, (iii) render Landlord liable for
damages of any type or entitle Tenant to be relieved from any of Tenant’s obligations under the Lease or this Rider (including the obligation to pay
Additional Rent, or other charges), (iv) grant Tenant any right of setoff or recoupment, (v) provide Tenant with any right to terminate the Lease or this
Rider, or (vi) make Landlord liable for any injury to or interference with Tenant’s business or any punitive, incidental or consequential damages (of any
type), whether foreseeable or not, whether arising from or relating to the making of or failure to make any repairs, alterations or improvements, or
whether arising from or related to the provision of or failure to provide for or to restore any service in or to any portion of the OS Tenant Space, the
Property, or the Building. In the event of any interruption, however, Landlord shall employ commercially reasonable efforts to restore such service or
cause the same to be restored in any circumstances in which such restoration is within the reasonable control of Landlord.
5. MAINTENANCE; ALTERATIONS .
5.1 Landlord’s Maintenance . Aside from Landlord’s Repair Obligations, Landlord shall have no repair and maintenance obligations in
connection with the OS Tenant Space. Subject to Section 6 below, Landlord shall be responsible for Landlord’s Repair Obligations, all as necessary to
maintain such elements of the Building and the OS Tenant Space in a first class, clean, and safe condition. In the event that the OS Tenant Space
becomes in need of repairs which are within Landlord’s Repair Obligations, Tenant shall give immediate notice to Landlord of the nature of such repair
needs; and Landlord shall cause such repairs to be completed within thirty (30) days after such request, or such additional reasonable period of time as is
reasonably necessary to repair such condition(s).
5.2 Tenant’s Maintenance . Aside from Landlord’s Repair Obligations, during the OS Rider Term, Tenant shall, at Tenant’s sole cost and
expense, maintain the OS Tenant Space and Tenant’s property, fixtures and equipment therein in clean, safe and good condition, in as good condition as
when Tenant took possession, ordinary wear and tear excepted. If Tenant fails to perform its covenants of maintenance and repair hereunder within
thirty (30) days after written notice that Tenant has failed to perform such maintenance and repair (or such longer time as Tenant may reasonably require
to perform such maintenance and repair, provided that Tenant commences to perform such maintenance and repair within such thirty (30) day period
and thereafter diligently prosecutes such maintenance and repair to completion), or if Tenant or any of Tenant’
s technicians or representatives physically
damages the OS Tenant Space, the personal property of any other tenant or anything else in the Building or the Property, Landlord may, but shall not be
obligated to, perform all necessary or appropriate maintenance and repair, and any amounts expended by Landlord in connection therewith, plus an
administrative charge of ten percent (10%), shall be reimbursed by Tenant to Landlord as Additional Rent upon demand, provided, however, that, in an
emergency, Landlord shall not be required to give Tenant prior notice as a condition to exercising its rights under this sentence.
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