Common use of Improvements and Repair Clause in Contracts

Improvements and Repair. Overland Park shall be responsible for and shall maintain the entire Fire Station including any and all repairs and maintenance, ordinary and extraordinary, necessary for the intended use and occupancy of the Fire Station, including the Med-Act Space and the Shared Space. Any necessary repair and maintenance shall be completed by the City in a timely manner. The parties acknowledge and agree the BOCC is currently occupying the Med- Act Space and accepts it in its “as-is” condition without any warranty from Overland Park. However, Overland Park agrees to keep and maintain the Med-Act Space and the Shared Space in a neat, clean, and usable condition throughout the term of this Agreement including undertaking necessary and routine maintenance of the space such as painting, replacing floor coverings, cabinets, fixtures, window dressing, and similar items that would ordinarily be considered “tenant finish” items in a commercial landlord- tenant arrangement. Any necessary work shall be timely undertaken and completed in a workmanlike manner under written contracts with qualified contractors. Overland Park shall be responsible for obtaining all permits and governmental approvals to undertake such repairs and maintenance and Overland Park agrees to keep the BOCC informed as to its efforts. Overland Park shall be responsible for any loss or damage to the Fire Station, including the Med-Act Space and the Shared Space arising out of the maintenance and repair undertaken by Overland Park and shall indemnify and hold harmless the BOCC from any loss or damage caused by the negligence or willful misconduct of Overland Park, its agents, and contractors, subject to any limitations or protections afforded under the Kansas Tort Claims Act. During its occupancy of the Fire Station, if Overland Park should fail to undertake any necessary repairs or maintenance of the Med-Act Space or the Shared Space as required by this Agreement then the BOCC may perform such work at its expense and seek reimbursement from Overland Park. The parties expressly intend Overland Park shall have the obligation to maintain and repair the Med-Act Space to keep it in a condition suitable for its intended use by the BOCC, but the BOCC may, but is not obligated to, repair any damage to the Med-Act Space or the Shared Space, or maintain the same, as it deems necessary for its continued use under this Agreement. At the termination or expiration of this Agreement, the BOCC shall remove any of its equipment, rolling stock, and supplies from the Med-Act Space but shall leave any fixtures installed by the BOCC. The parties acknowledge and agree the BOCC is authorized to make the following modifications to the Fire Station: • Install technology and data hardware and cabling subject to and compliance with Overland Park’s requirements for the installation, maintenance, and security of such installation as set for on Exhibit C, • Relocate electric feed or make additions, • Equip the Med-Act Space with furniture, fixtures, and equipment necessary for operational purposes.

Improvements and Repair. Overland Park City shall be responsible for and shall maintain the entire Fire Station including any and all repairs and maintenance, ordinary and extraordinary, necessary for the intended use and occupancy of the Fire Station, including the MedMED-Act ACT Space and the Shared Space. Any necessary repair and maintenance shall be completed by the City in a timely manner. The parties acknowledge and agree the BOCC is currently occupying the Med- Act MED-ACT Space and accepts it in its “as-is” condition without any warranty from Overland ParkCity. However, Overland Park City agrees to keep and maintain the MedMED-Act ACT Space and the Shared Space in a neat, clean, and usable condition throughout the term of this Agreement including undertaking necessary and routine maintenance of the space such as painting, replacing floor coverings, cabinets, fixtures, window dressing, and similar items that would ordinarily be considered “tenant finish” items in a commercial landlord- landlord-tenant arrangement. Any necessary work shall be timely undertaken and completed in a workmanlike manner under written contracts with qualified contractors. Overland Park City shall be responsible for obtaining all permits and governmental approvals to undertake such repairs and maintenance and Overland Park City agrees to keep the BOCC informed as to its efforts. Overland Park City shall be responsible for any loss or damage to the Fire Station, including the MedMED-Act ACT Space and the Shared Space arising out of the maintenance and repair undertaken by Overland Park City and shall indemnify and hold harmless the BOCC from any loss or damage caused by the negligence or willful misconduct of Overland ParkCity, its agents, and contractors, subject to any limitations or protections afforded under the Kansas Tort Claims Act. During its occupancy of the Fire Station, if Overland Park City should fail to undertake any necessary repairs or maintenance of the MedMED-Act ACT Space or the Shared Space as required by this Agreement then the BOCC may perform such work at its expense and seek reimbursement from Overland ParkCity. The parties expressly intend Overland Park City shall have the obligation to maintain and repair the Med-Act MED- ACT Space to keep it in a condition suitable for its intended use by the BOCC, but the BOCC may, but is not obligated to, repair any damage to the MedMED-Act ACT Space or the Shared Space, or maintain the same, as it deems necessary for its continued use under this Agreement. The only exception to this obligation is that BOCC shall have the obligation to repair any damage to the MED-ACT Space and/or Shared Space, beyond normal wear and tear damage, caused by BOCC and/or MED-ACT staff, representatives, vendors, or invitees. At the termination or expiration of this Agreement, the BOCC shall remove any of its equipment, rolling stock, and supplies from the MedMED-Act ACT Space but shall leave any fixtures installed by the BOCC. The parties acknowledge and agree the BOCC is authorized to make the following modifications to the Fire Station: • Install technology and data hardware and cabling subject to and in compliance with Overland ParkCity’s requirements for the installation, maintenance, and security of such installation as set for on forth in Exhibit C, D; • Relocate electric feed or make additions, ; and/or • Equip the MedMED-Act ACT Space with furniture, fixtures, and equipment necessary for operational purposes.

Improvements and Repair. Overland Park shall be responsible for and shall maintain the entire Fire Station including any and all repairs and maintenance, ordinary and extraordinary, necessary for the intended use and occupancy of the Fire Station, including the MedMED-Act ACT Space and the Shared Space. Any necessary repair and maintenance shall be completed by the City in a timely manner. The parties acknowledge and agree the BOCC is currently occupying will occupy the Med- Act MED-ACT Space and accepts it in its “as-is” condition without any warranty from Overland Park. However, Overland Park agrees to keep and maintain the MedMED-Act ACT Space and the Shared Space in a neat, clean, and usable condition throughout the term of this Agreement including undertaking necessary and routine maintenance of the space such as painting, replacing floor coverings, cabinets, fixtures, window dressing, and similar items that would ordinarily be considered “tenant finish” items in a commercial landlord- landlord-tenant arrangement. Any necessary work shall be timely undertaken and completed in a workmanlike manner under written contracts with qualified contractors. Overland Park shall be responsible for obtaining all permits and governmental approvals to undertake such repairs and maintenance and Overland Park agrees to keep the BOCC informed as to its efforts. Overland Park shall be responsible for any loss or damage to the Fire Station, including the MedMED-Act ACT Space and the Shared Space Space, arising out of the maintenance and repair undertaken by Overland Park and shall indemnify and hold harmless the BOCC from any loss or damage caused by the negligence or willful misconduct of Overland Park, its agents, and contractors, subject to any limitations or protections afforded under the Kansas Tort Claims Act. During its occupancy of the Fire Station, if Overland Park should fail to undertake any necessary repairs or maintenance of the MedMED-Act ACT Space or the Shared Space as required by this Agreement Agreement, then the BOCC may perform such work at its expense and seek reimbursement from Overland Park. The parties expressly intend Overland Park shall have the obligation to maintain and repair the MedMED-Act ACT Space to keep it in a condition suitable for its intended use by the BOCC, but the . The BOCC may, but is not obligated to, repair any damage to the MedMED-Act ACT Space or the Shared Space, or maintain the same, as it deems necessary for its continued use under this Agreement. The only exception to this obligation is that BOCC shall have the obligation to repair any damage to the MED-ACT Space and/or Shared Space, beyond normal wear and tear damage, caused by BOCC and/or MED-ACT staff, representatives, vendors, or invitees. At the termination or expiration of this Agreement, the BOCC shall remove any of its equipment, rolling stock, and supplies from the MedMED-Act ACT Space but shall may leave any fixtures installed by the BOCC. The parties acknowledge and agree the BOCC is authorized to make the following modifications to the Fire Station: • Install technology and data hardware and cabling subject to and compliance compliant with Overland Park’s requirements for the installation, maintenance, and security of such installation as set for on Exhibit C, installation; • Relocate electric feed or make additions, ; and/or • Equip the MedMED-Act ACT Space with furniture, fixtures, and equipment necessary for operational purposes.