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EXMBIT "Do' - special Provisions <br />To COMMERCIAL LEASE BETWEEN THE UNDERSIGNM PARTIES CONCERN11M THE LEASED <br />o Landlord shall use commercially reasonable efforts to deliver Premises to Tenant upon <br />substantial completion of work in Exhibit "C" on or before September 1.5, 2016. <br />o Landlord will perform the work described in Exhibit "C" at its sole cost and expense. Tenant is <br />responsible for paint and flooring in the Premises. <br />o Notwithstanding the terms in Section 15.C. pertaining to Repair and Maintenance Responsibility, <br />Tenant shall have a $500.00 cap on repairs per occurrence for the following items provided that <br />it receives prior Landlord approval on all items above $500.00: <br />• Section 15.C. (2)- Glass and windows <br />• Section 15.C. (4)- Plumbing systems, drainage systems and sump pumps <br />• Section 15.C. (10)- Electrical systems, mechanical systems <br />o Notwithstanding the terms in Section 15.C. pertaining to Repair and Maintenance Responsibility, <br />Tenant shall have a $500.00 cap on repairs per occurrence for the following items provided that <br />it receives prior Landlord approval on all items above $500.00. Tenant's responsibilities to <br />repair the HVAC shall be capped at $2,000.00 per Lease year.: <br />o Section 15.C. (12)- Heating, Ventilation and Air Conditioning (HVAC) systems <br />o Section 15.C. (13)- HVAC System Replacement <br />o If HVAC unit must be replaced, which shall be determined at Landlord's sole discretion, Landlord <br />shall replace HVAC unit, subject to Tenant's cap of $500.00 per occurrence. <br />o Tenant is responsible for obtaining its Certificate of Occupancy. <br />o Subiect to Funding. The obligations under this Lease are contingent upon the annual <br />appropriation of funds by the San Marcos City Council based on funding from the Texas <br />Department of State Health Services for the purposes of this Lease. If the San Marcos City <br />Council fails to appropriate funds for such purposes in any fiscal year during the term of this <br />Lease, the Lease term will be adjusted to terminate concurrently with the end of the period for <br />which funding has been appropriated. Notwithstanding any other provision in this Lease to the <br />contrary, termination of the Lease under this paragraph does not constitute a default by Lessee <br />under any provisions of this Lease and the penalties and remedies for default outlined in this <br />0 <br />