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<br /> (d) Damage to Premises. Subject to Sections 7.5, 7.6, and 7.7 (if applicable), <br /> Landlord shall reimburse Tenant for any further loss or damage to Tenant's FF&E, <br /> personal property and inventory arising from defects in or damages to the Center if such <br /> damage results from Landlord's failure to properly undertake and diligently prosecute <br /> any maintenance and/or repair obligations of Landlord hereunder within a reasonable <br /> time after the earlier of (i) Tenant's notifying Landlord of such defect or damage or the <br /> need for such repair or (ii) the time at which Landlord became aware of such defect or <br /> damage or that such repair was needed. <br /> (e) Self-Help and Emen!encv Repairs. In the event of an emergency, or in <br /> the event Landlord fails to undertake and diligently prosecute repairs in accordance with <br /> Section 9.1 (d), or in the event Landlord fails to perform its maintenance obligations <br /> under this Section 9.1 (including, without limitation Section 9.l(g)) within a reasonable <br /> "..' time after Tenant's notifying Landlord of the need for such maintenance and such failure, <br /> materially interferes with the conduct of Tenant's business in the Premises, then in any <br /> such event and without further notice to Landlord, Tenant may (but shall not be obligated <br /> to) undertake the applicable maintenance and/or repairs required of Landlord hereunder <br /> to the extent reasonably necessary to secure the Premises or prevent immediate injury to <br /> person or property or to eliminate (or mitigate) the material interference with Tenant's <br /> business. Landlord shall reimburse Tenant upon written demand for the cost of such <br /> repairs, which shall be reasonable under the circumstances; and if Landlord fails to <br /> reimburse Tenant as required hereunder within ten (10) business days after Tenant's <br /> demand therefor, then Tenant shall be entitled to offset the applicable amount (plus <br /> interest thereon of the Interest Rate from the date of demand) from Base Rent and other <br /> amounts payable to Landlord hereunder. Tenant's rights and remedies under this <br /> Section 9 .l( e) shall not exclude any other rights or remedies of Tenant as a consequence <br /> of Landlord's failure to properly repair and maintain. <br /> (f) Manner of Work. Landlord shall use all commercially reasonable efforts <br /> to make any repairs, additions or alterations that are required or otherwise undertaken by <br /> Landlord hereunder and which affect the Premises or the conduct of Tenant's business <br /> therein during non-business hours of Tenant and, in any event, in a manner which <br /> minimizes interference with Tenant's use of the Premises, and shall promptly restore the <br /> Premises following any such work or activity. In addition, Landlord will not use or <br /> permit to be used any other premises or equipment owned or controlled by Landlord or <br /> by any other occupant of the Center in such manner as would result in any noise or <br /> vibration interfering with the acoustics required by Tenant in its use of the Premises, or as <br /> would result in any offensive odors penetrating the Premises. Landlord shall have the <br /> right to erect or maintain any signs, equipment or structures on the roof or exterior walls <br /> of the Building provided said signs, equipment or structures do not materially interfere <br /> with the conduct of Tenant's business within the Premises or block visibility to Tenant's <br /> signage. Except in the case of an emergency, Landlord shall not schedule any Building <br /> or Common Area maintenance that would unreasonably disrupt parking or vehicular or <br /> pedestrian access or the conduct of Tenant's business, such as, without limitation, <br /> 0' <br /> 37 <br /> CHG02:3091375.v8 <br /> . -~.._...-._. <br />