Punchlist Promptly after the Project reaches Substantial Completion, the Design-Builder shall cause the Architect to develop a punchlist. Once the punchlist is prepared, the Design-Builder shall inspect the work along with representatives from the Department. The punchlist shall be revised to reflect additional work items that are discovered during such inspection. The Design-Builder shall correct all punchlist items no later than ninety (90) days after Substantial Completion is achieved.
Repairs a. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition, and repair. Tenant shall, at Tenant's sole cost and expense, keep and maintain the Premises and every part thereof in good condition and repair, ordinary wear and tear excepted. Tenant shall be responsible for replacing any damaged or broken windows in the Premises, unless such damage or breakage is caused by Landlord's employees or contractors. Tenant is responsible for the maintenance, during the Term, and any extended term, of the heat pump units, thermostats and other equipment which is associated with the heating, ventilation and air conditioning equipment ("HVAC equipment") which is located within the Premises. Tenant is responsible for the repair and replacement of the HVAC equipment within the Premises during any extended term if Tenant exercises its option to extend. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to Landlord in good condition, ordinary wear and tear excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate, or paint the Premises or any part thereof, and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth. b. Landlord shall repair and maintain the structural portions of the Building, and the heating, ventilation and air conditioning equipment (including the central cooling tower and control unit) which is located outside the Premises and other tenant's premises or which serves the common areas; provided, however, that if any such maintenance and repairs are necessitated in any part or in whole by the act, neglect, fault, or omission by Tenant, its agents, servants, employees, contractors, licensees or invitees, Tenant shall reimburse Landlord for the cost of such maintenance and repairs. Landlord shall also repair and replace the HVAC equipment within the Premises during the initial Term. Any failure by Landlord to make any such repairs or to perform any maintenance shall not constitute a breach hereof unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in paragraph 21 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations, or improvements in or to any portion of the Building or Premises or in or to fixtures, appurtenances, and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute, or ordinance now or hereafter in effect.
Repair Concessionaire shall, prior to the commencement of the Concession Operation under this Agreement, provide to Department a type-written concession equipment maintenance plan for the State-owned equipment located on the Concession Premises, together with a schedule for preventative maintenance and a report on maintenance completion and equipment condition. Failure to comply with this preventative maintenance schedule shall result in Concessionaire being responsible for all repairs and/or replacement of equipment. The review and Department inspection of the Concession Premises and its equipment will be conducted during routine inspection of the Concession Premises and as a part of the Mandatory Compliance and Performance Evaluation Meetings.
