Common use of Facility Repair Clause in Contracts

Facility Repair. Tenant, at its sole expense, shall keep each Leased Property (and Tenant’s Personal Property) in good and safe order and repair, except for ordinary wear and tear and damage by Casualty and Condemnation (whether or not the need for such repairs occurs as a result of Tenant’s use, any prior use, the elements or the age of such Leased Property, Tenant’s Personal Property, or any portion thereof). Without limitation of the foregoing, Tenant shall promptly make all necessary and appropriate repairs and replacements (capital and otherwise) to each Facility, of every kind and nature, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term (concealed or otherwise), including, but not limited to, any roof repairs or replacements or parking lot repairs or replacements, such that each Leased Property is maintained in a high quality operating and structural condition for use for its Primary Intended Use. Tenant shall maintain, repair and replace each Facility such that no deferred maintenance items exist at, in or on any Leased Property at any time and all systems, components, and elements (structural and otherwise) have a useful life determined in the exercise of Landlord’s reasonable judgment that exceeds the then applicable Expiration Date by not less than three (3) years (and not less than seven (7) years as to structural items). Tenant shall have in place service and maintenance contracts with duly licensed contractors or repair services providing for regular maintenance and repair of any and all major systems serving each Leased Property, including, but not limited to, the HVAC systems, life safety systems, plumbing systems and elevator and conveyor systems. Landlord may from time to time as to any one or more Leased Properties, and at Tenant’s sole expense (but no more than once every three (3) years at Tenant’s expense), cause an engineer designated by Landlord, in its sole discretion, to inspect one or more Leased Properties and issue a report (a “Leased Property Condition Report”) with respect to the condition of any such Leased Properties. Tenant shall, at its own expense, make any and all repairs or replacements recommended by such Leased Property Condition Report. All repairs shall be made in a good and workmanlike manner and in accordance with all Legal Requirements relating to such work. Landlord shall not under any circumstances be required to repair, replace, build or rebuild any improvements on any Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to any Leased Property, whether ordinary or extraordinary, structural or non-structural, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, or to maintain any Leased Property in any way. Tenant hereby waives, to the extent permitted by law, the right to make repairs at the expense of Landlord pursuant to any law currently in effect or hereafter enacted.

Facility Repair. Tenant, at its sole expense, shall keep each Leased Property (and Tenant’s Personal Property) in good and safe order and repair, except for ordinary wear and tear and damage by Casualty and Condemnation repair (whether or not the need for such repairs occurs as a result of Tenant’s use, any prior use, the elements or the age of such Leased Property, Tenant’s Personal Property, Property or any portion thereof)) except as provided in Sections 15 and 16 below with respect to Casualty and Condemnation. Without limitation of the foregoing, Tenant shall promptly make all necessary and appropriate repairs and replacements (capital and otherwise) to each Facility, of every kind and nature, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term (concealed or otherwise), including, but not limited to, any roof repairs or replacements or parking lot repairs or replacements, such that each Leased Property is maintained in a high quality good and safe working order and operating and structural condition for use for its Primary Intended Use. Tenant shall maintain, repair and replace each Facility such that no deferred maintenance items exist at, in or on any Leased Property at any time and all systems, components, and elements (structural and otherwise) have a useful life determined in the exercise of Landlord’s reasonable judgment that exceeds the then applicable Expiration Date by not less than three (3) years (and not less than seven (7) years as to structural items). Tenant shall have in place service and maintenance contracts with duly licensed contractors or repair services (which contractors or repair services shall be acceptable to Landlord in its reasonable discretion) providing for regular maintenance and repair of any and all major systems serving each Leased Property, including, but not limited to, the HVAC systems, life safety systems, plumbing systems and elevator and conveyor systems. Landlord may from time to time as to any one or more Leased Properties, and at Tenant’s sole expense (but as to routine inspections not resulting from an Event of Default or from a condition of which Landlord becomes aware, which if not cured by Tenant, would become an Event of Default, no more than once every three (3) years at Tenant’s expense, but not more than $2500 per report and not more than $5000 per Facility in aggregate for multiple reports in each instance), cause an engineer designated by Landlord, in its sole discretion, to inspect one or more Leased Properties and issue a report (a “Leased Property Condition Report”) with respect to the condition of any such Leased Properties. Tenant shall, at its own expense, make any and all repairs or replacements recommended by such Leased Property Condition ReportReport as needed to maintain the Leased Property in good and safe order and repair. All repairs shall be made in a good and workmanlike manner and in accordance with all Legal Requirements relating to such work. Subject to Sections 15 and 16 below, Landlord shall not under any circumstances be required to repair, replace, build or rebuild any improvements on any Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to any Leased Property, whether ordinary or extraordinary, structural or non-structural, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, or to maintain any Leased Property in any way. Tenant hereby waives, to the extent permitted by law, the right to make repairs at the expense of Landlord pursuant to any law currently in effect or hereafter enacted.

Facility Repair. Tenant, at its sole expense, shall keep each Leased Property (and Tenant’s Personal Property) in good and safe order and repair, except for ordinary wear and tear and damage by Casualty and Condemnation (whether or not the need for such repairs occurs as a result of Tenant’s use, any prior use, the elements or the age of such Leased Property, Tenant’s Personal Property, or any portion thereof). Without limitation of the foregoing, Tenant shall promptly make (at Tenant’s sole expense) all necessary and appropriate repairs and replacements (capital and otherwise) to each Facility, of every kind and nature, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term (concealed or otherwise), including, but not limited to, any roof repairs or replacements or parking lot repairs or replacements, such that each Leased Property is maintained in a high quality operating and structural condition the Required Condition for use for its Primary Intended Use. In addition, Tenant shall (at Tenant’s sole expense) (i) maintain, repair and replace each Facility such that no deferred maintenance items exist atat all times during the Term, the Required Condition is satisfied and (ii) periodically replace the furnishings, fixtures and equipment of each Facility such that each Facility is refurbished not less frequently than that which is required from time to time in or on any order to comply with general industry refurbishment standards for substantially similar facilities. Any and all such replacements shall constitute part of the Leased Property at any time and all systems, components, and elements (structural and otherwise) have a useful life determined in the exercise of Landlord’s reasonable judgment that exceeds the then applicable Expiration Date by not less than three (3) years (and not less than seven (7) years as to structural items). Tenant shall have in place service and maintenance contracts with duly licensed contractors or repair services providing for regular maintenance and repair of any and all major systems serving each Leased Property, including, but not limited to, the HVAC systems, life safety systems, plumbing systems and elevator and conveyor systemshereunder. Landlord may from time to time as to any one or more Leased Properties, and at Tenant’s sole expense (but no more than once every three two (32) years at Tenant’s expense, when more frequent inspections are required under the Xxxxxx Mae Financing), cause an engineer designated by Landlord, in its sole discretion, to inspect one or more Leased Properties and issue a report (a “Leased Property Condition Report”) with respect to the condition of any such Leased Properties. Tenant shall, at its own expense, make any and all repairs or replacements reasonably recommended by such Leased Property Condition ReportReport to meet the Required Condition. All repairs shall be made in a good and workmanlike manner and in accordance with all Legal Requirements relating to such work. Landlord shall not under any circumstances be required to repair, replace, build or rebuild any improvements on any Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to any Leased Property, whether ordinary or extraordinary, structural or non-structural, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, or to maintain any Leased Property in any way. Tenant hereby waives, to the extent permitted by law, the right to make repairs at the expense of Landlord pursuant to any law currently in effect or hereafter enacted. In addition, if any Leased Property Condition Report indicates that any Leased Property has not been properly serviced and maintained, then Landlord may require that Tenant procure and maintain, at Tenant’s sole expense, service and maintenance contracts with duly licensed contractors or repair services (which contractors or repair services shall be acceptable to Landlord in its sole discretion) providing for regular maintenance and repair of any and all major systems serving that Leased Property, including, but not limited to, the HVAC systems, life safety systems, plumbing systems and elevator systems.

Facility Repair. Tenant, at its sole expense, shall keep each Leased Property (and Tenant’s 's Personal Property) in good and safe order and repair, except for ordinary wear and tear and damage by Casualty and Condemnation (whether or not the need for such repairs occurs as a result of Tenant’s 's use, any prior use, the elements or the age of such Leased Property, Tenant’s 's Personal Property, or any portion thereof). Without limitation of the foregoing, Tenant shall promptly make all necessary and appropriate repairs and replacements (capital and otherwise) to each Facility, of every kind and nature, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term (concealed or otherwise), including, but not limited to, any roof repairs or replacements or parking lot repairs or replacements, such that each the Leased Property is Properties are maintained in a high quality first class operating and structural condition for use for its Primary Intended Usecondition. Tenant shall maintain, repair and replace each Facility such that no material deferred maintenance items exist at, in or on any Leased Property at any time and all systems, components, and elements (structural and otherwise) have a useful life determined in the exercise of Landlord’s 's reasonable judgment that exceeds the then applicable Expiration Date by not less than three (3) years (and not less than seven (7) years as to structural items). Tenant shall have in place service and maintenance contracts with duly licensed contractors or repair services (which contractors or repair services shall be acceptable to Landlord in its sole discretion) providing for regular maintenance and repair of any and all major systems serving each any Leased Property, including, but not limited to, the HVAC systems, life safety systems, plumbing systems and elevator and conveyor systems. Landlord may from time to time as to any one or more Leased Properties, and at Tenant’s 's sole expense (but no more than once every three two (32) years at Tenant’s 's expense), cause an engineer designated by Landlord, Landlord in its sole discretion, to inspect one or more Leased Properties and issue a report (a “"Leased Property Condition Report”") with respect to the condition of any such Leased Properties. Tenant shall, at its own cost and expense, make any and all repairs or replacements recommended by such Leased Property Condition ReportReport that are required to be performed by this Section 9. 1. All repairs shall be made in a good and workmanlike manner and in accordance with all Legal Requirements relating to such work. Tenant will not take or omit to take any action the taking or omission of which might materially impair the value or usefulness of the applicable Leased Property or any part thereof for its Primary Intended Use. Landlord shall not under any circumstances be required to repair, replace, build or rebuild any improvements on any Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to any Leased Property, whether ordinary or extraordinary, structural or non-structural, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, in connection with this Lease, or to maintain any Leased Property in any way. Tenant hereby waives, to the extent permitted by law, the right to make repairs at the expense of Landlord pursuant to any law currently in effect at the time of the execution of this Lease or hereafter thereafter enacted.

Facility Repair. Tenant, at its sole expense, shall keep each Leased Property (and Tenant’s 's Personal Property) in good and safe order and repair, except for ordinary wear and tear and damage by Casualty and Condemnation (whether or not the need for such repairs occurs as a result of Tenant’s 's use, any prior use, the elements or the age of such Leased Property, Tenant’s 's Personal Property, or any portion thereof). Without limitation of the foregoing, Tenant shall promptly make all necessary and appropriate repairs and replacements (capital and otherwise) to each Facility, of every kind and nature, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term (concealed or otherwise), including, but not limited to, any roof repairs or replacements or parking lot repairs or replacements, such that each Leased Property is maintained in a high quality operating good repair, appearance and structural condition condition, for use for its Primary Intended Use. Tenant shall maintain, repair except for ordinary wear and replace each Facility such that no deferred maintenance items exist at, in tear and damage by Casualty or on any Leased Property at any time and all systems, components, and elements (structural and otherwise) have a useful life determined in the exercise of Landlord’s reasonable judgment that exceeds the then applicable Expiration Date by not less than three (3) years (and not less than seven (7) years as to structural items)Condemnation. Tenant shall have in place service and maintenance contracts with duly licensed contractors or repair services providing for regular maintenance and repair of any and all major systems serving each Leased Property, including, but not limited to, the HVAC systems, life safety systems, plumbing systems and elevator and conveyor systems. Landlord may from time to time as to any one or more Leased Properties, and at Tenant’s 's sole expense (but but, provided no Event of Default exists, no more than once every three (3) years at Tenant’s 's expense), cause an engineer designated by Landlord, in its sole reasonable discretion, to inspect one or more Leased Properties and issue a report (a “Leased Property Condition Report”"LEASED PROPERTY CONDITION REPORT") with respect to the condition of any such Leased Properties. Tenant shall, at its own expense, make any and all repairs or replacements recommended by such Leased Property Condition Report, to the extent required to maintain the applicable Leased Property in as good repair and appearance as at the date of this Lease, except for ordinary wear and tear and damage by Casualty or Condemnation. All repairs shall be made in a good and workmanlike manner and in accordance with all Legal Requirements relating to such work. Landlord shall not under any circumstances be required to repair, replace, build or rebuild any improvements on any Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to any Leased Property, whether ordinary or extraordinary, structural or non-structural, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, or to maintain any Leased Property in any way. Tenant hereby waives, to the extent permitted by law, the right to make repairs at the expense of Landlord pursuant to any law currently in effect or hereafter enacted.

Facility Repair. Tenant, at its sole expense, shall keep each Leased Property (and Tenant’s 's Personal Property) in good and safe order and repair, except for ordinary wear and tear and damage by Casualty and Condemnation (whether or not the need for such repairs occurs as a result of Tenant’s 's use, any prior use, the elements or the age of such Leased Property, Tenant’s 's Personal Property, or any portion thereof). Without limitation of the foregoing, Tenant shall promptly make (at Tenant's sole expense) all necessary and appropriate repairs and replacements (capital and otherwise) to each Facility, of every kind and nature, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term (concealed or otherwise), including, but not limited to, any roof repairs or replacements or parking lot repairs or replacements, such that each Leased Property is maintained in a high quality operating and structural condition the Required Condition for use for its Primary Intended Use. In addition, Tenant shall (at Tenant's sole expense) (i) maintain, repair and replace each Facility such that no deferred maintenance items exist atat all times during the Term, the Required Condition is satisfied and (ii) periodically replace the furnishings, fixtures and equipment of each Facility such that each Facility is refurbished not less frequently than that which is required from time to time in or on any order to comply with general industry refurbishment standards for substantially similar facilities. Any and all such replacements shall constitute part of the Leased Property at any time and all systems, components, and elements (structural and otherwise) have a useful life determined in the exercise of Landlord’s reasonable judgment that exceeds the then applicable Expiration Date by not less than three (3) years (and not less than seven (7) years as to structural items). Tenant shall have in place service and maintenance contracts with duly licensed contractors or repair services providing for regular maintenance and repair of any and all major systems serving each Leased Property, including, but not limited to, the HVAC systems, life safety systems, plumbing systems and elevator and conveyor systemshereunder. Landlord may from time to time as to any one or more Leased Properties, and at Tenant’s 's sole expense (but no more than once every three two (32) years at Tenant’s 's expense, when more frequent inspections are required under the Xxxxxx Xxx Financing), cause an engineer designated by Landlord, in its sole discretion, to inspect one or more Leased Properties and issue a report (a “"Leased Property Condition Report”") with respect to the condition of any such Leased Properties. Tenant shall, at its own expense, make any and all repairs or replacements reasonably recommended by such Leased Property Condition ReportReport to meet the Required Condition. All repairs shall be made in a good and workmanlike manner and in accordance with all Legal Requirements relating to such work. Landlord shall not under any circumstances be required to repair, replace, build or rebuild any improvements on any Leased Property, or to make any repairs, replacements, alterations, restorations or renewals of any nature or description to any Leased Property, whether ordinary or extraordinary, structural or non-structural, foreseen or unforeseen, or to make any expenditure whatsoever with respect thereto, or to maintain any Leased Property in any way. Tenant hereby waives, to the extent permitted by law, the right to make repairs at the expense of Landlord pursuant to any law currently in effect or hereafter enacted. In addition, if any Leased Property Condition Report indicates that any Leased Property has not been properly serviced and maintained, then Landlord may require that Tenant procure and maintain, at Tenant's sole expense, service and maintenance contracts with duly licensed contractors or repair services (which contractors or repair services shall be acceptable to Landlord in its sole discretion) providing for regular maintenance and repair of any and all major systems serving that Leased Property, including, but not limited to, the HVAC systems, life safety systems, plumbing systems and elevator systems.