Common use of Lessee’s Maintenance and Repair Obligations Clause in Contracts

Lessee’s Maintenance and Repair Obligations. A. Lessee, at its own cost and expense, shall maintain all parts of the Premises (except those for which Lessor is expressly responsible hereunder) in good condition, ordinary wear and tear excepted, and promptly make all necessary repairs and replacements to the Premises. B. In addition to Lessee's obligations under the preceding subparagraph A., if Lessee is the only tenant of the Building, Lessee shall be responsible for causing the parking areas, driveways, alleys and grounds surrounding the Premises to be maintained in a good, neat, clean and sanitary condition, consistent with the operation of a first class office/warehouse building. which includes, without limitation, prompt maintenance, repairs and replacements (1) of any drill or spur track servicing the Premises, (2) of the parking area associated with the Building, (3) of all grass, shrubbery and other landscape treatments surrounding the Building, (4) of the exterior of the Building (including painting), (5) of sprinkler systems and sewage lines, and (6) of any other maintenance, repair or replacement items normally associated with the foregoing. In addition, Lessee shall repair and pay for any damage caused by the negligence of Lessee, or Lessee's employees, agents or invitees, or caused by Lessee's default hereunder. C. In the event that the Lessee is not the sole tenant of the Building, then subject to payment by Lessee, Lessor shall perform the maintenance, repair, and replacement obligations set forth in the foregoing Subparagraph B. Lessee shall pay its Proportionate Share of the cost and expense of such repair, replacement, replacement reserve, maintenance and other such items as additional rent, pursuant to Paragraph 2.C. above. The amount of Lessee's rental obligation set forth in Paragraph 2.A. above does not include the cost of such items, and Lessor's performance of repair, replacement, maintenance and other items, is not a condition to payment of such rental obligations. D. Lessee agrees to pay as additional rent (pursuant to Paragraph 2.C. above) its Proportionate Share of the cost of (1) operation, maintenance and/or landscaping of any property or facility that is operated, maintained or landscaped by any property owner or community owner association that is named in any restrictive covenants or deed restrictions to which the Premises are subject and which are actually billed to the Building, and (2) operating and maintaining any property, facilities or services provided for the common use of Lessee and other lessees of the Building, which costs shall include, without limitation, management fees, maintenance and repair costs, sewer, landscaping, trash and security (if furnished by Lessor), wages and employee benefits payable to employees of Lessor whose duties are connected with the operation and maintenance of the Building, amounts paid to contractors or subcontractors for work or services performed in connection with the operation and maintenance of the Building, all service, supplies, repairs, replacements or other expenses for maintaining and operating the Building, and any other facilities or services provided for the common use of Lessee and other losses of the Building. E. If Lessor has entered into one or more regularly scheduled preventive maintenance/service contracts with a maintenance contractor for servicing hot water, heating, air conditioning, and/or other systems and equipment within the Premises, then upon execution of this Lease, Lessor shall assign such contract(s) to Lessee and Lessee shall be responsible for all costs and expenses required thereunder. If Lessor has not entered into such a contract for regularly scheduled preventative maintenance and service as to any one or more of such system and equipment, then upon execution of this Lease. Lessee shall enter into such a contract with a contractor responsible acceptable to Lessor, and Lessee shall be responsible for all costs and expenses required thereunder. F. Lessee agrees to sign a joint maintenance agreement with the railroad company, if any, servicing the Premises if requested by the railroad company. Lessor shall have the right to coordinate all repairs and maintenance of any rail tracks serving or intended to serve the Premises and, if Lessee uses such rail tracks. Lessee shall reimburse Lessor from time to time, upon demand, for its Proportionate Share of the costs of such repairs and maintenance and any other sums specified in any agreement respecting such tracks to which Lessor is a party.

Lessee’s Maintenance and Repair Obligations. A. Lessee, at its own cost and expense, shall maintain all parts of the Premises (except those for which Lessor is expressly responsible hereunder) in good condition, ordinary wear and tear excepted, and promptly make all necessary repairs and replacements to the Premises. B. In addition to Lessee's obligations under the preceding subparagraph A., if Lessee is the only tenant occupant of the Building, unless Lessor and Lessee shall be otherwise agree, Lessee is responsible for causing the parking areas, driveways, alleys and grounds surrounding the Premises (except those for which Lessor is expressly responsible hereunder) to be maintained in a good, neat, clean and sanitary condition, consistent with the operation of a first class office/warehouse building. , which includes, includes without limitation, prompt maintenance, repairs and replacements (1) of any drill or spur track servicing the Premises, (2) of the parking area associated with the Building, (3) of all grass, shrubbery and other landscape treatments surrounding the Building, (4) of the exterior of the Building (including painting), (5) of sprinkler systems and systems, sewage lines, and (6) of any other maintenance, repair or replacement items normally associated with the foregoing. In addition, Lessee shall repair and pay for any damage caused by the negligence of Lessee, or Lessee's employees, agents or invitees, or caused by Lessee's default hereunder. C. In the event that the Lessee is not the sole tenant occupant of the Building, then subject to payment by Lessee, Lessor shall perform the maintenance, repair, and replacement obligations set forth in the foregoing Subparagraph B. Lessee shall pay be liable for its Proportionate Share of the cost and expense of such repair, replacement, replacement reserve, maintenance and other such items as additional rent, pursuant to Paragraph 2.C. aboveitems. The amount of Lessee's rental obligation set forth in Paragraph 2.A. above does not include the cost of such items, and Lessor's performance of repair, replacement, maintenance and other items, is not a condition to payment of such rental obligations. D. Lessee agrees to pay as additional rent (pursuant to Paragraph 2.C. above) its Proportionate Share of the cost of (1) operation, maintenance and/or landscaping of any property or facility that is operated, maintained or landscaped by any property owner or community owner association that is named in any restrictive covenants or deed restrictions to which the Premises are subject and which are actually billed to the Building, and (2) operating and maintaining any property, facilities or services provided for the common use of Lessee and other lessees of the 2 ----------- Lessor [Initials] ----------- Lessee [Initials] ----------- 4 Building, which costs shall include, without limitation, management fees, maintenance and repair costs, sewer, landscaping, trash and security (if furnished by Lessor), wages and employee benefits payable to employees of Lessor whose duties are connected with the operation and maintenance of the Building, amounts paid to contractors or subcontractors for work or services performed in connection with the operation and maintenance of the Building, all service, supplies, repairs, replacements or other expenses for maintaining and operating the Building, and any other facilities or services provided for the common use of Lessee and other losses lessees of the Building. E. If Lessor has entered Lessee shall enter into one or more a regularly scheduled preventive maintenance/service contracts contract with a maintenance contractor for servicing all hot water, heating, heating and air conditioning, and/or other conditioning systems and equipment within the Premises, then upon execution of this Lease, Lessor shall assign such contract(s) to Lessee and Lessee shall be responsible for all costs and expenses required thereunder. If Lessor has not entered into such a contract for regularly scheduled preventative maintenance and service as to any one or more of such system and equipment, then upon execution of this Lease. Lessee shall enter into such a contract with a contractor responsible acceptable to Lessor, and Lessee shall be responsible for all costs and expenses required thereunder. F. Lessee agrees to sign a joint maintenance agreement with the railroad company, if any, servicing the Premises if requested by the railroad company. Lessor shall have the right to coordinate all repairs and maintenance of any rail tracks serving or intended to serve the Premises and, if Lessee uses such rail tracks. Lessee shall reimburse Lessor from time to time, upon demand, for its Proportionate Share of the costs of such repairs and maintenance and any other sums specified in any agreement respecting such tracks to which Lessor is a party.

Lessee’s Maintenance and Repair Obligations. A. Lessee shall maintain the Premises, including paved or unpaved ground surfaces and Improvements thereon (including the Promenade), in conformance with such reasonable rules and regulations regarding the use and occupancy of residential apartment projects in Marina del Rey (such as the Premises) as may be promulgated by County from time to time for general applicability on a non-discriminatory basis, as revised from time to time. Without limiting the foregoing, at Lessee’s sole cost and expense, but subject to the terms and conditions of this Lease, Lessee shall keep and maintain the Premises (including the Promenade) and all equipment, Improvements or physical structures of any kind which may exist or be erected, installed or made on the Premises in good and substantial repair and condition, including without limitation capital improvements and structural and roof repairs and replacement, and shall make all necessary repairs and alterations and replacements thereto, except as otherwise provided in this Article 10 (except that during periods of construction of the Renovation Work or Alterations or reconstruction of damaged or destroyed Improvements, Lessee’s obligations as to the areas of the Premises under construction shall be controlled by Article 5 of this Lease). Lessee shall undertake such repairs, alterations or replacements in compliance with Applicable Laws, or as reasonably required in writing by Director to Lessee incident to the provisions of this Article 10. Lessee shall maintain all Improvements on the Premises in a safe, clean and sanitary condition, to the reasonable satisfaction of Director and in compliance with all Applicable Laws. Lessee shall, at its own cost and expense, shall install, maintain all parts of and replace landscaping between the streets abutting the Premises (except those for which Lessor is expressly responsible hereunder) in good condition, ordinary wear and tear excepted, and promptly make all necessary repairs and replacements to the Premises. B. In addition to Lessee's obligations under the preceding subparagraph A., if Lessee is the only tenant of the Building, Lessee shall be responsible for causing the parking areas, driveways, alleys and grounds surrounding building footprints on the Premises as is reasonably satisfactory to be maintained Director. Lessee specifically agrees to provide proper containers for trash and garbage which are screened from public view, to keep the Premises free and clear of rubbish and litter. County in its proprietary capacity shall have the right with reasonable notice to enter upon and inspect the Premises at any reasonable time for cleanliness, safety and compliance with this Section 10.1, as long as such entrance is not done in a good, neat, clean and sanitary condition, consistent manner which would unreasonably interfere with the operation of a first class office/warehouse building. which includes, without limitation, prompt maintenance, repairs and replacements (1) of any drill or spur track servicing the Premises, (2) of the parking area associated with the Building, (3) of all grass, shrubbery . Lessee’s obligation to maintain and other landscape treatments surrounding the Building, (4) of the exterior of the Building (including painting), (5) of sprinkler systems and sewage linesrestore is absolute, and (6) of any other maintenance, repair or replacement items normally associated with the foregoing. In addition, Lessee shall repair and pay for any damage caused by the negligence of Lessee, or Lessee's employees, agents or invitees, or caused by Lessee's default hereunder. C. In the event that the Lessee is not the sole tenant of the Building, then subject to payment by Lessee, Lessor shall perform the maintenance, repair, and replacement obligations set forth in the foregoing Subparagraph B. Lessee shall pay its Proportionate Share of the cost and expense of such repair, replacement, replacement reserve, maintenance and other such items as additional rent, pursuant to Paragraph 2.C. above. The amount of Lessee's rental obligation set forth in Paragraph 2.A. above does not include the cost of such items, and Lessor's performance of repair, replacement, maintenance and other items, is not a condition to payment of such rental obligations. D. Lessee agrees to pay as additional rent (pursuant to Paragraph 2.C. above) its Proportionate Share of the cost of (1) operation, maintenance and/or landscaping of any property or facility that is operated, maintained or landscaped by any property owner or community owner association that is named in any restrictive covenants way dependent upon the existence or deed restrictions to which the Premises are subject and which are actually billed to the Buildingavailability of insurance proceeds, and (2) operating and maintaining any property, facilities or services except as otherwise provided for the common use of Lessee and other lessees of the Building, which costs shall include, without limitation, management fees, maintenance and repair costs, sewer, landscaping, trash and security (if furnished by Lessor), wages and employee benefits payable to employees of Lessor whose duties are connected with the operation and maintenance of the Building, amounts paid to contractors or subcontractors for work or services performed in connection with the operation and maintenance of the Building, all service, supplies, repairs, replacements or other expenses for maintaining and operating the Building, and any other facilities or services provided for the common use of Lessee and other losses of the Building. E. If Lessor has entered into one or more regularly scheduled preventive maintenance/service contracts with a maintenance contractor for servicing hot water, heating, air conditioning, and/or other systems and equipment within the Premises, then upon execution of this Lease, Lessor shall assign such contract(s) to Lessee and Lessee shall be responsible for all costs and expenses required thereunder. If Lessor has not entered into such a contract for regularly scheduled preventative maintenance and service as to any one or more of such system and equipment, then upon execution of this Lease. Lessee shall enter into such a contract with a contractor responsible acceptable to Lessor, and Lessee shall be responsible for all costs and expenses required thereunder. F. Lessee agrees to sign a joint maintenance agreement with the railroad company, if any, servicing the Premises if requested by the railroad company. Lessor shall have the right to coordinate all repairs and maintenance of any rail tracks serving or intended to serve the Premises and, if Lessee uses such rail tracks. Lessee shall reimburse Lessor from time to time, upon demand, for its Proportionate Share of the costs of such repairs and maintenance and any other sums specified in any agreement respecting such tracks to which Lessor is a party.