This excerpt taken from the ENTN 10-K filed Mar 14, 2008.
7.1 Lessees Obligations.
(a) In General. Subject to the provisions of Paragraph 2.2 (Condition), 2.3 (Compliance), 6.3 (Lessees Compliance with Applicable Requirements), 7.2 (Lessors Obligations), 9 (Damage or Destruction), and 14 (Condemnation), Lessee shall, at Lessees sole expense, keep the Utility Installations in good order, condition and repair (whether or not the portion of the Premises requiring repairs, or the means of repairing the same, are reasonably or readily accessible to Lessee, and whether or not the need for such repairs occurs as a result of Lessees use, any prior use, the elements or the age of such portion of the Premises), including all equipment or facilities, such as plumbing, heating, ventilating, air-conditioning, electrical, lighting facilities, boilers, pressure vessels, and fire protection system located in the Premises. Lessee, in keeping the Premises in good order, condition and repair (reasonable wear and tear and damage by casualty excepted), shall exercise and perform good maintenance practices, specifically including the procurement and maintenance of the service contracts required by Paragraph 7.1(b) below. Further, Lessee shall undertake and perform, at Lessees expense, normal, routine maintenance and repair of the items described in this Paragraph 7.1(a) but shall have no liability for any extraordinary maintenance or repair work or any replacement work at the Premises unless caused by the gross negligence or willful misconduct of Lessee.
(b) Service Contracts. Lessee shall, at Lessees sole expense, procure and maintain contracts, with copies to Lessor, in customary form and substance for, and with contractors specializing and experienced in the maintenance of the following equipment and improvements, if any, if and when installed on the Premises: (i) HVAC equipment and Lessor will assign to Lessee all warranties received or obtained by Lessor on the HVAC equipment and components.
(c) Replacement. Subject to Lessees indemnification of Lessor as set forth in Paragraph 8.7 below, and without relieving Lessee of liability resulting from Lessees failure to exercise and perform good maintenance practices, if the Basic Elements described in Paragraph 7.1(b) cannot be repaired other than at a cost which is in excess of 50% of the cost of replacing such Basic Elements, then such Basic Elements shall be replaced by Lessor at Lessors cost.
7.2 Lessors Obligations. Subject to the provisions of Paragraphs 2.2 (Condition), 2.3 (Compliance), 7.1 (Lessees Obligations), 9 (Damage or Destruction) and 14 (Condemnation), Lessor shall, at Lessors sole expense, keep the Premises and Alterations (other than Less-owned Alterations) in good order, condition and repair (whether or not the need for such repairs occurs as a result of Lessees use, any prior use, the elements or the age of such portion of the Premises), including, but not limited to, all fixtures, walls, ceilings, windows, doors, plate glass, and skylights located in the Premises. It is the intention of the Parties that the terms of this Lease govern the respective obligations of the Parties as to maintenance and repair of the Premises, and they expressly waive the benefit of any statute now or hereafter in effect to the extent it is inconsistent with the terms of this Lease. Lessor shall, during the term of this Lease, keep the exterior appearance of the Building in a condition consistent with the Buildings condition as of the Commencement Date, reasonable wear and tear and damage by casualty excepted. Notwithstanding any provision herein to the contrary, Lessor shall also maintain and repair in good condition, and as necessary, replace, at Lessors cost, all structural, roof items, walls and components, and all floors and foundations, and maintain the external appearance and condition of the Premises.