events referred to in this Section give rise to a claim in Tenants favor that such failure constitutes actual or constructive, total or partial, eviction from the Premises.
Landlord reserves the right to stop any service or utility system, when necessary by reason of accident or emergency, or until necessary repairs have been completed; provided, however, that in each instance of stoppage, Landlord shall exercise reasonable diligence to eliminate the cause thereof. Except in case of emergency repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof.
Tenant covenants and agrees to the following during the Term and such further time as Tenant occupies any part of the Premises:
To pay when due all fixed rent and Additional Rent and all charges for utility services rendered to the Premises (except as otherwise provided in Exhibit D) and, further, as Additional Rent, all charges for additional services rendered pursuant to Section 4.1.2.
5.2 Repair and Yield Up
Except as otherwise provided in Article VI and Section 4.1.3, to keep the Premises in good order, repair and condition, excepting reasonable wear and tear, damage by fire or other casualty and damage caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors, and all glass in windows (except glass in exterior walls unless the damage thereto is attributable to Tenants negligence or misuse) and doors of the Premises whole and in good condition with glass of the same type and quality as that injured or broken, damage by fire or taking under the power of eminent domain only excepted, and at the expiration or termination of this Lease peaceably to yield up the Premises all construction, work, improvements, and all alterations and additions thereto in good order, repair and condition, subject to the foregoing exceptions, first removing all goods and effects of Tenant and, to the extent specified by Landlord by notice to Tenant given at least ten (10) days before such expiration or termination (unless otherwise specified by Landlord as set forth in Section 5.12), the wiring installed by or for Tenants computer, telephone and other communication systems and equipment whether located in the Premises or in any other portion of the Building, including all risers and all alterations and additions made by Tenant and all partitions, and repairing any damage caused by such removal and restoring the Premises and leaving them clean and neat. Tenant shall not permit or commit any waste, and (subject to applicable waivers of claims and rights of subrogation under this Lease) Tenant shall be responsible for the cost of repairs which may be made necessary by reason of damage to common areas in the Building or to the Site caused by Tenant,