Common use of Repairs and Replacements Clause in Contracts

Repairs and Replacements. Landlord, at Landlord's expense, shall maintain and keep in good condition the Premises, the Storage Area and Building, except for damage to the Premises, the Storage Area or the Building caused by acts or omissions of Tenant, Tenant's agents, employees, contractors, guests or invitees, in which event Tenant, subject to the provisions of Section 19.2 hereof, will bear the cost of such maintenance or repair. Tenant, at Tenant's expense, shall at all times keep the Premises and Storage Area in a clean, safe and tenantable condition and in good order, repair and appearance and Landlord shall have the right to approve the means and methods employed in performance of such work. If Tenant does not do so Landlord may (but need not) restore the Premises and Storage Area to a clean, safe and tenantable condition, and Tenant shall pay the cost thereof forthwith upon being billed by Landlord. This Section shall not apply to damage or destruction and condemnation proceedings otherwise provided for in this Lease. In the event emergency repairs are required within the Premises and Tenant is unable to contact Landlord after diligent and persistent efforts so to do and Landlord is otherwise unaware of such emergency, Tenant may perform Landlord's repair obligations within the Premises as set forth herein. Such repairs shall be performed in a good and workmanlike manner using materials of a quality comparable to the materials used in the construction of the Premises and the Building generally. During the performance of such repairs (and thereafter, until Tenant is able to contact Landlord), Tenant shall endeavor to notify Landlord that Tenant has undertaken to make such repairs on Landlord's behalf and Landlord shall have the right to assume the performance of such repairs at any time. Any such repairs undertaken by Tenant shall be performed in a manner so as not to interfere with any other tenant's access to or use and occupancy of its premises within the Building. Landlord shall reimburse Tenant for the reasonable costs of said repairs within thirty (30) days of Landlord's receipt of an invoice for same. For the purpose of this Article 12, an "emergency" necessitating such repairs shall not be deemed to exist unless Tenant reasonably determines that there is an imminent threat of harm to any person or an imminent threat of material damage to Tenant's property located in the Premises.

Repairs and Replacements. The Tenant shall keep the interior parts of the Demised Premises and the Addition in good repair and condition except, repairs required by the acts of Landlord, its agents, employees and contractors, all of which shall be repaired by Landlord, at Landlord's its expense. Tenant shall comply with all rules, shall maintain regulations and keep in good condition requirements of any Federal, State, County or Municipal authority, or the PremisesBoard of Fire Underwriters or like organization, the Storage Area and Building, except for damage applicable to the Premises, Demised Premises except Tenant shall not be obligated to make any structural alterations with respect to the Storage Area or Existing Premises (as distinguished from the Building Addition) unless caused by the acts or omissions of Tenant, Tenant's its agents, employeesemployees or contractors. Excepting landlord's obligation for structural repairs and damage by fire, the elements, other casualty, unsafe condition or condition caused by the acts of landlord, its agents, employees or contractors, guests Tenant shall make all other repairs, renovations and alterations of any kind or invitees, in which event Tenant, subject nature whatsoever throughout the term of this Lease and all option periods thereof. (A) Notwithstanding anything to the provisions of Section 19.2 hereofcontrary contained in this Lease, will bear the cost of such maintenance or repair. TenantLandlord shall, at Tenant's its expense, shall at all times during the Lease Term keep the Premises and Storage Area in a clean, safe and tenantable condition and in good order, condition and repair the foundation and appearance exterior walls of the Existing Premises (excluding the Additions) and Landlord shall have all water, sewer and utility lines outside the right to approve Demised Premises, with the means and methods employed in performance of such work. If Tenant does not do so Landlord may (but need not) restore the Premises and Storage Area to a cleanfollowing exceptions, safe and tenantable condition, and which Tenant shall pay be responsible for: (i) Repairs occasioned by a harmful act, negligence or omissions of Tenant or any of Tenant's employees, agents or invitees, and (ii) Repairs occasioned by any of Tenant's Work on or construction of the cost thereof forthwith upon being billed by Landlord. This Section shall not apply to damage or destruction and condemnation proceedings otherwise provided for in this Leasenew Addition. In the event emergency repairs are a structural repair is required within on the Premises Addition and Tenant is unable to contact Landlord after diligent and persistent efforts so to do and Landlord is otherwise unaware of such emergency, Tenant may perform Landlord's shall not repair obligations within the Premises as set forth herein. Such repairs shall be performed in a good and workmanlike manner using materials of a quality comparable to the materials used in the construction of the Premises and the Building generally. During the performance of such repairs (and thereafter, until Tenant is able to contact Landlord), Tenant shall endeavor to notify Landlord that Tenant has undertaken to make such repairs on Landlord's behalf and Landlord shall have the right to assume the performance of such repairs at any time. Any such repairs undertaken by Tenant shall be performed in a manner so as not to interfere with any other tenant's access to or use and occupancy of its premises within the Building. Landlord shall reimburse Tenant for the reasonable costs of said repairs same within thirty (30) days of Landlord's after receipt of an invoice notice from Landlord, then Landlord may proceed with the required repair on behalf of Tenant, in which event Tenant shall reimburse Landlord for same. For all sums paid to effect such repair as if it were additional rent. (B) Tenant shall, during the purpose term of this Article 12the Lease make all repairs, an "emergency" necessitating such structural and otherwise (except for repairs shall not required to be deemed performed by Landlord pursuant to exist unless Tenant reasonably determines that there is an imminent threat Section A hereinabove) to: (i) The Addition; (ii) The originally Demised Premises on those occasions as set forth in Section A(i) and (ii); and (iii) All roof areas of harm to any person or an imminent threat of material damage to Tenant's property located in the Demised Premises. (C) Landlord shall maintain and repair the common areas of the Shopping Center in a manner consistent with a first class Shopping Center.

Repairs and Replacements. Landlord, at Landlord's expense, shall maintain and keep in good condition the PremisesPremises and Building, including the foundation, exterior walls, roof, roof membrane and roof covering of the Building, sprinkler system in or serving the Premises and/or the Building, the Storage Area HVAC system, and plumbing, electric and other utility lines servicing the Building or connecting the Premises and the Building, except for damage to the Premises, Premises or Building (including the Storage Area or the Building parts thereof specified above) caused by acts or omissions of Tenant, Tenant's agents, employees, contractors, guests or invitees, in which event Tenant, subject to the provisions of Section 19.2 hereof, will bear the cost of such maintenance or repair. Tenant, at Tenant's expense, shall at all times keep the Premises and Storage Area in a clean, safe and tenantable condition and in good first class order, repair and appearance and Landlord shall have the right to approve the means and methods employed in performance of such work. If Tenant does not do so Landlord may (but need not) restore the Premises and Storage Area to a clean, safe and tenantable condition, and Tenant shall pay the cost thereof forthwith upon being billed by Landlord. This Section shall not apply to damage or destruction and condemnation proceedings otherwise provided for in this Lease. In the event emergency repairs are required within the Premises and Tenant is unable to contact Landlord after diligent and persistent efforts so to do and Landlord is otherwise unaware of such emergency, Tenant may perform Landlord's repair obligations within the Premises as set forth herein. Such repairs shall be performed in a good and workmanlike manner using materials of a quality comparable to the materials used in the construction of the Premises and the Building generally. During the performance of such repairs (and thereafter, until Tenant is able to contact Landlord), Tenant shall endeavor to notify Landlord that Tenant has undertaken to make such repairs on Landlord's behalf and Landlord shall have the right to assume the performance of such repairs at any time. Any such repairs undertaken by Tenant shall be performed in a manner so as not to interfere with any other tenant's access to or use and occupancy of its premises within the Building. Landlord shall reimburse Tenant for the reasonable costs of said repairs within thirty (30) days of Landlord's receipt of an invoice for same. For the purpose purposes of this Article 12, an "emergency" necessitating such repairs shall not be deemed to exist unless Tenant reasonably determines that there is an imminent threat of harm to any person or an imminent threat of material damage to Tenant's property located in the Premises.

Repairs and Replacements. LandlordThe Tenant shall at its own cost repair, at Landlord's expensereplace, shall maintain and keep the Leased Premises and every part thereof, including without limitation the Leasehold Improvements and the heating, ventilating and air conditioning equipment serving the Building, fixtures and furnishings (whether or not installed or furnished by the Tenant), in good and substantial repair and condition as a prudent owner would do, reasonable wear and tear and repairs and replacements to the PremisesStructure only excepted (provided that there shall be no exception for damage caused by the negligent act or omission of the Tenant or anyone for whom it is in law responsible). For clarity, it is acknowledged that the Storage Area and BuildingTenant shall be responsible for maintenance of the Structure, but not for repairs or replacements to the structure, except for damage to the Premises, extent necessary as a result of any act or omission of the Storage Area or the Building caused by acts or omissions of Tenant, Tenant's its employees, agents, employees, contractors, guests suppliers or invitees, in which event Tenantincluding, subject without limitation, failure to properly maintain the Structure. The Landlord shall be responsible for Structural repairs and replacements (except the extent previously set forth) and the Tenant shall pay to the provisions of Section 19.2 hereofLandlord, will bear upon demand, the cost of such maintenance repairs and replacements made by the Landlord, provided that for repairs and replacements to the Structure that are capital in nature, as determined by the Landlord, in accordance with generally acceptable accounting principles, the Landlord shall amortize such costs (plus interest on the unamortized portion of such costs at the rate of Prime plus 5% per annum), over the useful life of the relevant repair or repairreplacement on a straight-line basis and the Tenant shall only be required to pay the portion of such cost as is amortized over the remainder of the Term (and any extensions or renewals thereof), to be paid by annual instalments. TenantBy way of example, at Tenant's expensein the event of a capital repair costing $20,000 with a useful life of 10 years, shall at all times keep the Premises Tenant would be required to pay $2,000 (plus interest) each year as its contribution, until the expiration of the Lease as may be extended or renewed, or until the full amortization and Storage Area in a cleanpayment to the Landlord of such amount, safe whichever is earlier. The Tenant agrees that the Landlord may enter for the purpose of making Structural repairs and/or replacements as may be required, and tenantable may enter to view the state of repair and condition and in good order, repair and appearance and Landlord shall have that the right to approve the means and methods employed in performance of such work. If Tenant does not do so Landlord may (but need not) restore the Premises and Storage Area to a clean, safe and tenantable condition, and Tenant shall pay repair in accordance with notice in writing from the cost thereof forthwith upon being billed by Landlord. This Section shall not apply ; provided that if the Tenant neglects to damage so maintain or destruction and condemnation proceedings otherwise provided for in this Lease. In the event emergency repairs are required within the Premises and Tenant is unable to contact Landlord after diligent and persistent efforts so to do and Landlord is otherwise unaware of such emergency, Tenant may perform Landlord's repair obligations within the Premises as set forth herein. Such repairs shall be performed in a good and workmanlike manner using materials of a quality comparable to the materials used in the construction of the Premises and the Building generally. During the performance of such repairs (and thereafter, until Tenant is able to contact Landlord), Tenant shall endeavor to notify Landlord that Tenant has undertaken to make such repairs on Landlord's behalf or replacements promptly after notice, the Landlord may, at its option, do such maintenance or make such repairs or replacements at the expense of the Tenant, and in any and every such case the Tenant covenants with the Landlord shall to pay to the Landlord forthwith as Additional Rent all sums which the Landlord may have expended in doing such maintenance and making such repairs and/or replacements, together with an administration fee of 15% of the right to assume the performance cost of such repairs at and/or replacements; provided further that the doing of such maintenance or the making of any time. Any such repairs undertaken or replacements by the Landlord shall not relieve the Tenant from its obligation to maintain, repair and replace. The Tenant shall be performed in a manner so as not to interfere provide the Landlord with notice of all accidents, or any other tenant's access to or use and occupancy of its premises within the Building. Landlord shall reimburse Tenant for the reasonable costs of said repairs within thirty (30) days of Landlord's receipt of an invoice for same. For the purpose of this Article 12, an "emergency" necessitating such repairs shall not be deemed to exist unless Tenant reasonably determines that there is an imminent threat of harm to any person or an imminent threat of material damage or defect to Tenant's property located in the PremisesLeased Premises or on the Project of which the Tenant is aware.

Repairs and Replacements. Landlord, at Landlord's expense, shall maintain and keep in good condition the Premises, the Storage Area Area, and Building including the foundation, exterior walls, roof, roof membrane and roof covering of the Building, sprinkler systems in or serving the Premises and/or the Building, HVAC system, and plumbing, electric and other utility lines servicing the Building or connecting the Premises, the Storage Area, and the Building, except for damage to the Premises, the Storage Area or Area, and Building (including the Building parts thereof specified above) caused by acts or omissions of Tenant, Tenant's agents, employees, contractors, guests or invitees, in which event Tenant, subject to the provisions of Section 19.2 hereof, will bear the cost of such maintenance or repair. Tenant, at Tenant's expense, shall at all times keep the Premises and the Storage Area in a clean, safe and tenantable condition and in good first class order, repair and appearance and Landlord shall have the right to approve the means and methods employed in performance of such work. If Tenant does not do so Landlord may (but need not) ), after the notice and cure periods specified in Section 17.1, restore the Premises and the Storage Area to a clean, safe and tenantable condition, and Tenant shall pay the cost thereof forthwith upon being billed by Landlord. This Section shall not apply to damage or destruction and condemnation proceedings otherwise provided for in this Lease. In the event emergency repairs are required within the Premises and Tenant is unable to contact Landlord after diligent and persistent efforts so to do and Landlord is otherwise unaware of such emergency, Tenant may perform Landlord's repair obligations within the Premises as set forth herein. Such repairs shall be performed in a good and workmanlike manner using materials of a quality comparable to the materials used in the construction of the Premises and the Building generally. During the performance of such repairs (and thereafter, until Tenant is able to contact Landlord), Tenant shall endeavor to notify Landlord that Tenant has undertaken to make such repairs on Landlord's behalf and Landlord shall have the right to assume the performance of such repairs at any time. Any such repairs undertaken by Tenant shall be performed in a manner so as not to interfere with any other tenant's access to or use and occupancy of its premises within the Building. Landlord shall reimburse Tenant for the reasonable costs of said repairs within thirty (30) days of Landlord's receipt of an invoice for same. For the purpose of this Article 12, an "emergency" necessitating such repairs shall not be deemed to exist unless Tenant reasonably determines that there is an imminent threat of harm to any person or an imminent threat of material damage to Tenant's property located in the Premises.

Repairs and Replacements. LandlordA. Tenant represents and covenants, at Landlord's its own cost and expense, shall maintain to make any and all changes, alterations, repairs or replacements, ordinary or extraordinary, structural or otherwise, foreseen or unforeseen, necessary to keep in good reasonable physical condition the buildings and improvements on the Demised Premises now standing and hereafter erected, inside and outside, including, but not limited to, repairs to foundations, sidewalks, walls, floors, ceilings, elevators, vaults, window glass, gas pipes, wires or conduits for electricity, whether inside, in front of, or appurtenant to the Demised Premises, such repairs, replacements or renewals to be at least the Storage Area equal in quality of materials and Buildingworkmanship as those replaced. Tenant will maintain, except for damage repair and/or replace the elevator system (including all of its components), the boiler and/or the roof, if necessary. Tenant will also be responsible to maintain and/or repair the water and sewer connections to the Demised Premises, the Storage Area or the Building caused by acts or omissions of Tenant, Tenant's agents, employees, contractors, guests or invitees, in which event Tenant, subject to the provisions of Section 19.2 hereof, will bear the cost of such maintenance or repair. . B. The Tenant, at Tenant's expenseits sole cost, shall at all times keep the Premises and Storage Area in a clean, safe and tenantable condition and in good order, repair and appearance and Landlord shall have the right to approve renovate the means premises as it sees fit, providing, however, and methods employed on condition that all work is done in performance full conformity with the various state, federal and municipal departments having jurisdiction thereover. If any such renovations shall reduce the number of rentable units in the Demised Premises, or shall limit the amount of rent which may be otherwise charged for any unit(s), then, at the expiration of the term of this Lease as set forth in Article 2 hereof or at the expiration of any renewal of this Lease, or the termination of this Lease pursuant to Article 23 or any other provision of this Lease, Tenant agrees, at its sole cost, to restore the premises to its former condition, or, at Tenant's option, to remit to the Landlord the reasonable cost of such work. If Tenant does not do so Landlord may (but need not) restore the Premises and Storage Area to a clean, safe and tenantable condition, and Tenant shall pay the cost thereof forthwith upon being billed by Landlord. This Section shall not apply to damage or destruction and condemnation proceedings otherwise provided for in this Leaserestoration. In the event emergency repairs are required within that Tenant causes the Premises and Tenant is unable Certificate of Occupancy set forth in Article 13 to contact Landlord after diligent and persistent efforts so to do and Landlord is otherwise unaware of such emergencybe amended, Tenant may perform Landlord's repair obligations within agrees, at its sole cost, to cause such Certificate of Occupancy to be restored to its former provision (provided that such former provision shall then be permitted by law or by the Premises as set forth hereinzoning resolution then in effect) at the expiration of any renewal of this Lease, or the termination of this Lease pursuant to Article 23 or any other provision of this Lease. Such repairs If such restoration shall not be performed in a good and workmanlike manner using materials of a quality comparable to the materials used in the construction of the Premises and the Building generally. During the performance of permitted by law at such repairs (and thereafter, until Tenant is able to contact Landlord)time, Tenant shall endeavor reimburse Landlord for any losses occasioned to notify Landlord that Tenant has undertaken to make such repairs on Landlord's behalf and Landlord shall have the right to assume the performance as a result of such repairs at any time. alterations. C. Any such repairs undertaken by Tenant structural changes to the Demised Premises that shall be performed in required as a manner so as not result of generally applicable changes to interfere with governmental regulations of any other tenant's access to or use and occupancy of its premises within governmental body having jurisdiction thereover shall be the Building. Landlord shall reimburse Tenant for the reasonable costs of said repairs within thirty (30) days responsibility of Landlord's receipt of an invoice for same. For the purpose of this Article 12, an "emergency" necessitating such repairs shall not be deemed to exist unless Tenant If Landlord reasonably determines that there is an imminent threat the cost of harm such changes does not warrant making such changes, Landlord may terminate this Lease upon sixty (60) days prior written notice to any person or an imminent threat Tenant without penalty and the otherwise applicable provisions of material damage to Tenant's property located in this Lease regarding terminations shall be applied as if the PremisesLease had otherwise terminated on such date.

Repairs and Replacements. Landlord(a) Throughout the term of this Lease, Tenant shall, at Landlord's its sole cost and expense, maintain the Premises in a good state of repair, including all plumbing, electrical, air conditioning, fire alarm, fire sprinkler, burglar alarm, fire sprinkler, and irrigation systems, and all structural portions of the Improvements. Tenant shall repair or replace such items as shall be reasonably required from time to time during the term of this Lease to maintain and keep in good condition at all times the Premises, including all additions thereto constructed by or on behalf of Tenant, in working order. Except to the Storage Area extent caused by the gross negligence or willful misconduct of Landlord, its members, employees or agents, there shall be no abatement of Rent and Buildingno liability to Tenant by reason of any injury to or interference with Tenant's business arising from the making of any repairs, except for damage alteraxxxxx, replacements or improvements in or to any portion of the Premises, the Storage Area or the Building caused by acts in or omissions of Tenant, Tenant's agents, employees, contractors, guests or invitees, in which event Tenant, subject to the provisions fixtures, appurtenances and equipment thereof, regardless of Section 19.2 hereofthe cause for the need of any such repair, will bear alteration, replacement or improvement. (b) Throughout the cost of such maintenance or repair. TenantLease Term, at Tenant's expense, Tenant shall at all times keep the Premises and Storage Area in a cleanits sole costs, safe and tenantable condition and also maintain in good order, condition and repair all nonstructural portions of the Premises, including, without limitation, the exterior and appearance interior portions of all doors and door hardware, all windows and window hardware, all fixtures, electrical equipment, interior walls, floors, floor coverings and ceilings and all other property furnished by Landlord shall have to Tenant and comprising a portion of the right to approve Premises. Tenant shall, upon the means expiration or earlier termination of the Lease Term, quietly and methods employed in performance of such work. If Tenant does not do so Landlord may (but need not) restore peaceably surrender the Premises to Landlord in working condition. (c) By entering into this Lease, Tenant acknowledges it has accepted the Premises in "as is" coxxxxxxn and Storage Area to a clean, safe and tenantable as being in working condition, and Tenant shall pay the cost thereof forthwith upon being billed by Landlord. This Section shall not apply to damage without relying on any representations, covenants or destruction and condemnation proceedings otherwise provided for in this Lease. In the event emergency repairs are required within the Premises and Tenant is unable to contact Landlord after diligent and persistent efforts so to do and Landlord is otherwise unaware of such emergency, Tenant may perform Landlord's repair obligations within the Premises as set forth herein. Such repairs shall be performed in a good and workmanlike manner using materials of a quality comparable to the materials used in the construction of the Premises and the Building generally. During the performance of such repairs (and thereafter, until Tenant is able to contact Landlord), Tenant shall endeavor to notify Landlord that Tenant has undertaken to make such repairs on Landlord's behalf and Landlord shall have the right to assume the performance of such repairs at any time. Any such repairs undertaken by Tenant shall be performed in a manner so as not to interfere with any other tenant's access to or use and occupancy of its premises within the Building. Landlord shall reimburse Tenant for the reasonable costs of said repairs within thirty (30) days warranties of Landlord's receipt of an invoice for same. For the purpose of this Article 12, an "emergency" necessitating such repairs shall not be deemed to exist unless Tenant reasonably determines that there is an imminent threat of harm to any person or an imminent threat of material damage to Tenant's property located in the Premises.