Common use of Condition of Premises; Maintenance Clause in Contracts

Condition of Premises; Maintenance. Tenant has inspected, or had the opportunity to inspect, the Premises and hereby accepts the Premises “AS IS” and “WHERE IS” with no representation or warranty of Landlord as to the condition thereof except as expressly provided herein. The improvements now or hereafter located on the Premises shall be kept in good order, condition, repair and appearance, and in a safe condition, repair and appearance (collectively, the “Required Condition”); and Tenant shall at all times at its own expense maintain, repair and replace, as necessary, the Premises, including all portions of the Premises, whether or not the Premises were in such condition on the Effective Date. Without limiting the foregoing, Tenant shall promptly make all structural and nonstructural, foreseen and unforeseen, ordinary and extraordinary changes, replacements and repairs of every kind and nature, and correct any patent or latent defects in the Premises, which may be required to put, keep and maintain the Premises in the Required Condition. Tenant will keep the Premises orderly and free and clear of rubbish in accordance with reasonable business practices. Landlord shall not be required to maintain, repair or rebuild, or to make any alterations, replacements or renewals of any nature to the Premises, or any part thereof, whether ordinary or extraordinary, structural or nonstructural, foreseen or not foreseen, or to maintain the Premises or any part thereof in any way or to correct any patent or latent defect therein except to the extent such action is necessitated by Landlord’s gross negligence or willful misconduct. Tenant hereby expressly waives any right to make repairs at the expense of Landlord which may be provided for in any applicable law in effect at the Effective Date or that may thereafter be enacted.

Condition of Premises; Maintenance. (a) The taking of possession of the Premises by Tenant has inspectedconclusively establishes that Tenant accepts the Premises in their "as is, where is" condition and that the Premises are satisfactory to Tenant in all respects. Landlord agrees to deliver the space with HVAC, electrical, mechanical and plumbing in good working order. Landlord further agrees to have the restrooms in the back area operational and ADA compliant. (b) Tenant agrees at its expense to maintain and repair the Premises in good, clean, and operating condition as reasonably required by Landlord, including storefront, glass, plate glass, windows and doors, surrounding sidewalks, all interior walls, floors and ceilings, all interior and exterior signs of Tenant, and all other improvements, fixtures, furnishings and appurtenances, including lighting, wiring, plumbing, electrical fixtures, HVAC and other facilities and equipment serving the Premises, regardless of whether located within the Premises or had whether originally installed by Landlord or Tenant. Tenant shall contract with a service company for semi-annual maintenance of heating and air-conditioning equipment which exclusively serves the opportunity Premises, with a copy of the service contract to inspectbe furnished to Landlord within thirty (30) days after opening for business, and a copy of any subsequent contracts to be furnished from time to time during the Tenn. If any such items jointly serve the Premises and hereby accepts other space, or affect structural elements or systems of the Premises “AS IS” and “WHERE IS” with no representation or warranty of Landlord the building housing the Premises, or as to the condition thereof except as expressly provided herein. The improvements now or hereafter located on the Premises shall be kept in good orderHVAC and evaporative coolers, conditionLandlord may, repair and appearance, and in a safe condition, repair and appearance (collectively, the “Required Condition”); and Tenant shall at all times at its own expense option, maintain, repair and/or replace such items and replacecharge Tenant an equitable portion of the cost thereof, as necessaryreasonably determined by Landlord. (c) Tenant may not make any alterations, the Premisesadditions, including all portions replacements, decorations or improvements to any part of the Premises, whether or not perform any work or activity contemplated by subparagraph (b) above, without first obtaining Landlord's written consent and complying with such reasonable conditions as Landlord may impose. At Landlord's option, all or any alterations, additions, replacements, decorations or improvements to any part of the Premises were in such made by Tenant must be removed by Tenant at its expense at the expiration or sooner termination of this Lease and the Premises restored to their condition on as of the Effective Date. Without limiting date of this Lease. (d) Landlord agrees to cause the foregoing, Tenant shall promptly make all structural and nonstructural, foreseen and unforeseen, ordinary and extraordinary changes, replacements and repairs exterior of every kind and nature, and correct any patent or latent defects in the Premises, which may be required to putthe foundations, keep footings, and maintain structural portions of the Premises in (but not storefront, glass, windows, doors, etc. that are Tenant's obligation above), and the Required ConditionCommon Areas to be reasonably maintained and repaired, but Tenant is responsible for any damage directly caused by Tenant or persons for whom Tenant is legally responsible. Tenant will keep agrees to promptly notify Landlord of the Premises orderly need for any repairs for which Landlord is responsible, and free and clear of rubbish in accordance with reasonable business practices. Landlord shall not be required to maintain, repair or rebuild, or to make any alterations, replacements or renewals of any nature to the Premises, or any part thereof, whether ordinary or extraordinary, structural or nonstructural, foreseen or not foreseen, or to maintain the Premises or any part thereof in any way or to correct any patent or latent defect therein except to the extent such action is necessitated by Landlord’s gross negligence or willful misconduct. Tenant hereby expressly waives any right to make repairs repairs, maintenance or replacements at the expense of Landlord which Landlord. (e) Tenant agrees to keep the Premises and the Shopping Center free from mechanics', materialmen's, and other liens arising out of work performed, material furnished or obligations incurred by Tenant or persons for whom Tenant is legally responsible. Tenant must cause the release and discharge of any such lien or claim of lien by payment or by giving security or taking such other action as may be provided required by Landlord or applicable law, within thirty (30) days after the lien is filed or recorded. (f) Tenant agrees to pay before delinquency all deposits, fees and charges for utilities used by Tenant in any applicable law in effect at the Effective Date or that may thereafter be enactedPremises.

Condition of Premises; Maintenance. Tenant has inspected, or had the opportunity to inspect, the Premises and hereby accepts the Premises “AS IS” and “WHERE IS” with (a) Lessor makes no representation or warranty of Landlord whatsoever as to the condition thereof of the Premises and Lessee acknowledges that it is familiar with the Premises and, except as expressly otherwise provided herein. The improvements now or hereafter located on , accepts the Premises shall be kept same in good ordertheir present "as is" condition. (b) Throughout the Term, condition, repair Lessee will keep and appearance, and in a safe condition, repair and appearance (collectively, maintain the “Required Condition”); and Tenant shall at all times at its own expense maintain, repair and replace, as necessary, the entire Premises, including all portions without limitation, the roof, interior of the Premises, whether or not mechanical systems, landscaping, driveway and parking areas, sidewalks, fencing, heating, ventilation and air conditioning systems, plumbing, water, sewer and electrical systems and any plate glass in good condition and repair and shall make any necessary repairs and replacements thereto to maintain such condition. Lessee agrees to deliver up and surrender to Lessor possession of the Premises were upon the expiration or earlier termination of this Lease in such at least as good condition on and repair as existed upon the Effective Datecommencement of this Lease, excepting only ordinary wear and tear and damage by fire or other insured casualty. Without limiting If Lessee refuses or neglects to perform any of the foregoing, Tenant shall promptly make all structural and nonstructural, foreseen and unforeseen, ordinary and extraordinary changesrepairs, replacements and maintenance required of Lessee hereunder, Lessor may, upon prior notice to Lessee, at its option, perform such repairs, replacements and maintenance and charge Lessee for the cost thereof. Lessee shall make payment to Lessor of the cost therefore within 10 days of demand by Lessor upon Lessor providing reasonable evidence of such costs. All maintenance, repairs of every kind and natureimprovements to be accomplished by Lessee hereunder shall comply with all applicable laws and ordinances pertaining thereto, and correct any patent or latent defects shall be performed in the Premisesa good and workmanlike manner. Except as provided in Section 7 hereof, which may be required to put, keep and maintain the Premises in the Required Condition. Tenant will keep the Premises orderly and free and clear of rubbish in accordance with reasonable business practices. Landlord Lessee shall not be required to maintain, repair first obtain Lessor's consent or rebuild, approval before performing any maintenance or to make any alterations, replacements or renewals of any nature to the Premises, or any part thereof, whether ordinary or extraordinary, structural or nonstructural, foreseen or not foreseen, or to maintain the Premises or any part thereof in any way or to correct any patent or latent defect therein except to the extent such action is necessitated repairs required by Landlord’s gross negligence or willful misconduct. Tenant hereby expressly waives any right to make repairs at the expense of Landlord which may be provided for in any applicable law in effect at the Effective Date or that may thereafter be enactedthis section.

Condition of Premises; Maintenance. REPAIR; ALTERATIONS; AND HAZARDOUS SUBSTANCES AND CONDITION OF PREMISES AT END OF TERM: -------------------------------------------------------------- 5.1 Tenant has inspected, or had the opportunity to inspect, hereby agrees and acknowledges that the Premises have been examined by it and that Tenant hereby accepts same in the Premises “"AS IS” and “WHERE IS” with no " condition in which it now exists without any representation or warranty warranty, express or implied by law by Landlord or its agents. 5.2 Tenant shall not commit or suffer to be committed any waste in, on or about the Premises. Tenant shall not store any trash, merchandise, crates, pallets, vehicles, including, but not limited to inoperable vehicles, recreational vehicles or vehicles without valid inspection tags, boats, motors or other similar equipment or materials of Landlord as to any kind outside the condition thereof except as expressly provided hereinBuilding. The improvements now or hereafter located on the Premises All trash shall be kept in good ordermetal containers which are subject to Landlord's approval, conditionwhich approval shall not be unreasonably withheld. All trash shall be removed at reasonable intervals, repair at Tenant's sole cost and appearanceexpense. 5.3 Except as otherwise expressly permitted under Section 5.7 of this Lease, and in a safe condition, repair and appearance (collectively, the “Required Condition”); and Tenant shall at all times at its own expense maintainnot cut, repair and replacedrill into, as necessarydisfigure, the Premisesdeface, including all portions or injure any part of the Premises, whether nor obstruct or not permit any obstruction, alteration, addition, or installation in the Premises were without the prior written consent of Landlord. All alterations, additions or installations, including but not limited to partitions, air conditioning ducts or equipment (except movable furniture and fixtures put in such condition on at the Effective Dateexpense of Tenant and removable without defacing or injuring the Building or the Premises), shall become the property of Landlord at the expiration or any earlier termination of the Term. Without limiting All work performed shall be done in a good and workmanlike manner and with materials of the foregoingquality and appearance comparable to those in the Building. At the expiration of the Lease Term, at Landlord's election, Tenant shall promptly make remove, at Tenant's expense, Tenant's improvements installed by Tenant after the date hereof. 5.4 Tenant shall, at its sole cost and expense, repair and replace all structural damage or injury to the Premises caused by Tenant or its agents, employees, invitees or licensees. 5.5 Tenant shall, at its sole cost and nonstructural, foreseen and unforeseen, ordinary and extraordinary changes, replacements and repairs of every kind and nature, and correct any patent or latent defects in the Premises, which may be required to putexpense, keep and maintain all utilities, fixtures, mechanical, electrical and plumbing systems and equipment located within the Premises in only. Landlord shall, at its sole cost and expense, maintain the Required Conditionroof, foundation, exterior walls, landscaping, parking areas, utility connections to the Premises and other areas and systems of the Building. During the Term, Tenant shall maintain an HVAC service contract for Tenant's HVAC system, provided that any repairs to Tenant's HVAC system not covered by such maintenance contract shall be paid for by Landlord. Tenant will keep shall at its sole cost and expense provide the janitorial services for the interior of Tenant's Premises only. 5.6 Tenant shall neither cause nor permit: (i) the Premises orderly and free and clear of rubbish in accordance with reasonable business practices. Landlord shall not to be required used to maintainmanufacture, repair or rebuildprocess, transport, store, handle, or to make any alterationsdispose of, replacements or renewals Hazardous Materials, except in compliance with all applicable Governmental Requirements, nor (ii) a release of any nature to Hazardous Materials onto the Premises, or any other property as a result of any intentional or unintentional act or omission on the part thereofof Tenant. Tenant shall defend, whether ordinary indemnify and hold harmless Landlord, and Landlord's employees, agents, officers and directors, from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs or extraordinaryexpenses of any kind or nature, structural known or nonstructuralunknown contingent or otherwise (including, foreseen or not foreseenwithout limitation, attorneys' fees (including paralegals' and similar persons') at both the trial and appellate levels, consultant fees, investigation and laboratory fees, court costs and litigation expenses), arising out of, or in any way related to maintain Tenant's default under this Section. 5.7 Notwithstanding anything contained in this Lease, Tenant shall have the right to make, without Landlord's consent, non- structural alterations to the Premises or any part thereof changes to or improvements of the Premises which are not expected to cost in any way excess of Twenty Five Thousand Dollars ($25,000) in the aggregate or which do not constitute material design changes. Tenant's obligation to correct any patent or latent defect therein except deliver the Premises to the extent such action is necessitated by Landlord’s gross negligence or willful misconduct. Tenant hereby expressly waives any right to make repairs Landlord at the expense expiration of the term of this Lease as set forth in this Lease shall not include: (i) damage caused by Landlord which may be provided for in any applicable law in effect at or its servants or agents, (ii) damage that Landlord or its servants, Tenants or agents are required to repair, or (iii) obsolescence, damage from the Effective Date elements, fire or that may thereafter be enactedother casualty.