Common use of COVENANTS OF TENANT Clause in Contracts

COVENANTS OF TENANT. Throughout the Term of this Lease, Tenant: (a) Shall pay the Rent and all other charges herein reserved as rent on the days and times and at the place that the same are payable. (b) Shall without demand, keep and maintain the Demised Premises clean and free from all ashes, dirt and other refuse matter, including refuse removed from the Demised Premises; replace all broken glass, windows and doors; keep and maintain all waste and drain pipes; keep in good order and repair and maintain all non-structural portions of the Demised Premises; and generally keep and maintain the Demised Premises in as good order and repair as existed on the Commencement Date, ordinary wear and tear alone excepted and subject to damage by fire pursuant to the provisions of paragraph 12 hereof. Maintenance shall include replacements and betterments as and when needed. (c) Shall comply with all the terms of any federal or state statute, or local ordinance, or regulation applicable to Tenant or its use of the Demised Premises and save, indemnify, defend and hold harmless Landlord from and against penalties, fines, costs or damages resulting from Tenant's failure to do so. (d) Shall peaceably deliver and surrender possession of the Demised Premises at the expiration or sooner termination of the Term hereof, promptly delivering to Landlord, at Landlord's office, all keys to the Demised Premises and surrendering the Demised Premises in the same good order and repair as existed on the Commencement Date, ordinary wear and tear alone excepted and subject to damage by fire pursuant to the provisions of paragraph 12 hereof. (e) Shall comply with all rules, regulations and requirements of any Mortgagee and save, indemnify, defend and hold harmless Landlord from and against any penalties, costs or damages resulting from Tenant's failure to do so. (f) Shall not cause any mechanic's or materialmen's liens, or any other encumbrances, to encumber the Demised Premises, and shall promptly cause any such lien or encumbrance to be removed or bonded over.

COVENANTS OF TENANT. Throughout the Term of this Lease, TenantTENANT covenants and agrees as follows: (a) Shall That it will pay the Rent rent and additional rent for the Premises at the time and in the manner herein stated, together with all other sums owing by TENANT to LANDLORD pursuant to the term of this Lease and all other charges herein reserved as rent on costs and expenses caused by the days nonpayment thereof or by the default of TENANT in the performance of any of the terms of this Lease, including without limitation reasonable attorney's fees and times and at the place that the same are payablecosts of collection. (b) Shall without demandSubject to the provisions of Paragraph 5(b), TENANT will make, at its costs and expense, all replacement and repairs necessary for the proper preventive maintenance of the Premises, including, by way of illustration and not limitation, the changing or cleaning of filters, lubrication of mechanical systems, replacing all broken glass with glass of the same size and quality of that broken, etc., and upon the termination of this Lease by lapse of time or otherwise, TENANT will peaceably yield up possession of the Premises to LANDLORD in as good condition ad repair as the same were in on the date hereof, loss by fire, lightning, windstorm, and ordinary wear and tear excepted and will deliver keys to LANDLORD. TENANT will keep said Premises and maintain the Demised Premises appurtenances, as well as all catch basins, drains, stools, lavatories, sidewalks, adjoining alleys and all other facilities and equipment in a clean and free from all asheshealthy condition, dirt according to the applicable rules, regulations, laws and other refuse matterordinances, and the direction of the proper public officers, during the term of this Lease, at its own expense. TENANT shall also keep the interior of the Premises, including refuse removed from but no limited to, the Demised electrical system, heating and air conditioning systems, refrigeration systems, windows, doors, sprinkler and plumbing systems, and lock doors, seals and levers, and the exterior of the Premises in good repair at its own expense. TENANT will not commit or permit any nuisance to exist in or on the Premises; replace all broken glass, windows or commit or permit any offensive activity or condition, whether noise, odor, smoke, sewerage, chemical wastes or otherwise. TENANT has examined the Premises prior to the execution of this Agreement and doors; keep is satisfied with the physical condition of Premises "AS IS", and maintain all waste and drain pipes; keep TENANT's acceptance in taking possession hereof shall be conclusive evidence of receipt thereof in good order and repair repair. TENANT agrees and maintain all non-structural portions admits that no representations, statements, warranties, either express or implied, in fact or by law, has been made by or on behalf of the Demised Premises; and generally keep and maintain the Demised Premises in LANDLORD as good order and repair as existed on the Commencement Date, ordinary wear and tear alone excepted and subject to damage by fire pursuant to the provisions condition or repair of paragraph 12 hereofthe Premises, or the suitability of the Premises for the TENANT's intended use, and TENANT further agrees and admits that no agreement or promise to repair or improve the Premises not contained herein as been made by LANDLORD. Maintenance LANDLORD shall include replacements and betterments as and when needednot be responsible for any latent defect in the buildings or any part of the Premises. (c) Shall comply with all That LANDLORD shall not be liable for any injuries to the terms property of TENANT or any loss or damage sustained by TENANT caused by or resulting from the condition of the Premises or defective plumbing, wiring, or heating equipment or from gas, water, steam, sewage, or as a result of the breaking or bursting of any federal pipes or state statutethe bursting, leaking, or local ordinanceoverflowing of any tank, plumbing equipment, or regulation applicable to Tenant pipes located in on about the Premises or its use from any adjacent Premises or for any loss or damage resulting from or occasioned by water, snow, or ice coming upon said Premises or as a result of any act or neglect of the Demised Premises and save, indemnify, defend and hold harmless Landlord from and against penalties, fines, costs owners or damages resulting from Tenant's failure to do sooccupants of any adjacent property or part thereof. (d) Shall peaceably deliver That it shall not assign this Lease nor sublet the Premises nor assign or transfer any option or right granted to it by this Lease without obtaining the proper written consent of LANDLORD, which consent shall not be unreasonably withheld. Any such assignment or transfer, with or without the consent of LANDLORD, shall not relieve or release TENANT or any Guarantor from any obligations, covenants, undertakings, representations, warranties, and surrender possession indemnifications set forth herein. LANDLORD hereby consents to TENANT's assignment or subletting of all or a part of the Demised Premises at all times during the expiration term of this Lease to a parent corporation of TENANT, to one or sooner termination more subsidiaries of TENANT, to any other company that is affiliated with TENANT or to the surviving corporation of a merger with TENANT, provided, however, that TENANT shall give LANDLORD prior written notice of any such assignment or subletting and TENANT shall not be released or relieved of any of its duties, obligations or primary liability under the Lease, whether past, present or future, as a result of any such assignment or subletting unless LANDLORD, in LANDLORD's sole good faith discretion, agrees in writing to such release. For purposes of this Lease, an "affiliate" of an entity shall mean a parent or subsidiary corporation of TENANT or any other entity controlled by, or controlling, or under common control with, the first such entity ("control" for this purpose means ownership of fifty percent (50%) or more of the Term hereof, promptly delivering to Landlord, at Landlord's office, all keys to the Demised Premises legal and surrendering the Demised Premises equitable interest in the same good order and repair as existed on the Commencement Date, ordinary wear and tear alone excepted and subject to damage by fire pursuant to the provisions of paragraph 12 hereofentity controlled). (e) Shall comply That it will so conduct and carry on its business in the Premises in a manner that the reputation of the Premises shall not be injured, that the rate of insurance thereon will not be increased, and in accordance with all rulesordinances of the County of Elkhart, all laws of the State of INDIANA, and all other lawful rules and regulations which are now or may hereafter be in effect including, without limitation, those governing zoning, health, safety and requirements of any Mortgagee occupational hazards, and save, indemnify, defend pollution and hold harmless Landlord from and against any penalties, costs or damages resulting from Tenant's failure to do soenvironmental control. (f) Shall That it will not cause make any changes, alterations, or additions to the Premises without first having obtained the written consent of LANDLORD thereto, which consent shall not be unreasonably withheld, and that if any of said alterations, changes, or additions thereto are permitted by LANDLORD to be made, then the same shall forthwith be and become a part of the Premises and belong absolutely to LANDLORD and not subject to removal, change, or destruction by TENANT. If the change will not reduce the appraised value of the leased premises, such consent shall be granted. If said alterations, repairs, or additions are made, then the cost thereof shall be paid by TENANT whenever the same shall become due and payable, and it shall not permit any mechanic's lien to be filed against, or materialmen's liensattached to, the afore described real estate, or any part thereof, for any purposes whatsoever. (g) That it shall pay as and when the same become due and payable the entire cost of all electricity, gas, water, and other encumbrances, to encumber utilities used in or about the Demised Premises, and it will not permit the charges therefor to become delinquent. The TENANT shall promptly cause indemnify the LANDLORD against any such lien and all liabilities or encumbrance damages arising on account of the failure of the TENANT to pay charges for said utilities. (h) That at all times during the term of this Agreement, at TENANT's sole cost and expense, it shall maintain comprehensive general liability insurance insuring against any and all damages and liability in amounts not less than One Million Dollars ($1,000,000.00) per person. Two Million Dollars ($2,000,000.00) per occurrence, and Five Million Dollars ($5,000,000.00) general total limit. The insurance coverage herein provided shall be with an insurance carrier acceptable to LANDLORD and shall further name LANDLORD as a named insured. The coverage shall be evidenced by a certificate certifying the existence of the above referenced coverage and agreeing that the policy may not be modified or canceled without at least thirty (30) days prior written notice to LANDLORD. The parties agree that the insurance coverage herein obtained and provided by TENANT shall be considered the primary insurance coverage for any risk or loss arising from the use or occupancy of the real estate and that any other coverage available to LANDLORD or maintained by LANDLORD shall be considered excess over and above the coverage provided by TENANT. All insurance shall be carried in the name of the TENANT, and shall name LANDLORD as an additional insured. TENANT shall further deliver to LANDLORD certificates of insurance issued by each insurer and shall provide LANDLORD with evidence of payment of all premiums within fourteen (14) days from the date of this Agreement. (i) That it will indemnify and save LANDLORD harmless from any and all claims, demands, judgments, penalties, fines, losses, costs, expenses, suits for damages, or damages, including exemplary or punitive damages, and attorney's fees claimed to be removed directly or bonded overindirectly, in whole or in part, due to the condition of the Premises or due to TENANT's use of said property. (j) That LANDLORD and its designated representatives shall have the right to enter upon the premise at all times for the purpose of examining, exhibiting, repairing, altering, or making additions to the Premises, provided that such actions by LANDLORD shall not unduly interfere with the use of the Premises by TENANT. (k) Except for claims resulting solely from the negligence of LANDLORD, TENANT shall indemnify, defend, and hold harmless the LANDLORD and the Premises, at the expense of TENANT, against any and all claims, expenses, liabilities, demands, judgments, fines, penalties, costs, damages and attorney's fees arising from the management and possession of the Premises or any occurrence on or about the Premises or any default by the TENANT hereunder or any act or omission, whether intentional, reckless or negligent, of the TENANT or its agents, directors, officers, shareholders, employees, licenses, invitees or any one under its control.