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ARTICLE 9 MAINTENANCE AND REPAIRS Scction 9.1 Landlord's Maintcnance and Repairs. (a) Buildine:. During the Term, Landlord, at its sole cost and expense (but subject to Landlord's right to collect Common Area Expenses), shall keep or cause to be kept all building improvements within the Center, including (without limitation) (i) the Building and the roof, exterior walls, foundations, gutter and water spouts and structural components thereof and (ii) all elements of Landlord's Work within or affecting the Premises including (without limitation) the ceiling, floor and demising walls of the Premises that are included in Landlord's Work, (iii) all wiring, pipes, conduits, water, " sewer and utility lines serving the Premises to the point of connection at the Premises" (other than the electrical and plumbing fixtures installed by Tenant as part of Tenant's Work), and (iv) the Entranceway and the Required Vertical Transportation, in first-class order and repair and shall make all necessary replacements thereto. Subject to Section 7.5, Landlord shall be responsible for and promptly make all repairs necessitated by the willful acts or negligence of Landlord, its agents, employees or contractors, or by the breach of this Lease by Landlord. Notwithstanding anything to the contrary in this Lease, Landlord also shall be responsible for and promptly make all repairs that are necessitated by the settling of the Premises as a result of Landlord's failure to perform Landlord's Work in accordance with this Lease. Without limiting Landlord's maintenance and repair obligations with respect to the Required Vertical Transportation, at all times during the Term Landlord shall maintain at its sole cost and expense (but subject to Landlord's right to collect Common Area Expenses) one or more maintenance service contracts covering all such vertical transportation facilities. The service contract( s) for the Required Vertical Transportation facilities shall be maintained with reputable, licensed contractor(s) that regularly provide similar services to other first-class facilities in the Metropolitan Area and shall expressly provide that, at the telephonic request of Landlord or Tenant the Contractor(s) shall respond on-site and provide necessary replacement parts within specified time limits which are approved by Tenant. Landlord shall deliver copies of such service contract(s) to Tenant prior to the Commencement Date and thereafter not less than annually throughout the Term. If Landlord fails to maintain the service contract(s) as required hereunder, then Tenant may do so in its own name or in Landlord's name but in any event at Landlord's cost and expense. (b) Common Area. The Common Area shall be under the exclusive control and management of Landlord, subject to the terms of this Lease. Landlord shall operate and maintain the Common Area in first-class, clean, safe and secure (in accordance with Section 5.8) condition and repair and commensurate with the then current maintenance standards for first-class retail shopping centers (but not enclosed malls) in the 35 CHG02:3091375.v8 _..... .,-- .