Common use of Maintenance and Alterations Clause in Contracts

Maintenance and Alterations. (a) Lessee at its expense at all times shall maintain, service and repair any damage to the Equipment so as to: (i) keep the Equipment in good and efficient working order, condition and repair, ordinary wear and tear resulting from proper use excepted, and make all inspections and repairs, including replacement of worn parts (which replacement parts shall be free and clear of all liens and encumbrances and shall, upon incorporation into the Item, become the property of Lessor free and clear of any and all liens and encumbrances and subject to the related Lease), to effect the foregoing and to comply with requirements of laws, regulations, rules and provisions and conditions of insurance policies; and (ii) pay all costs, expenses, fees and charges incurred in connection with the use or operation of the Equipment and of each Item, including but not limited to repairs, maintenance, storage and servicing. Lessee will maintain in effect a warranty by or maintenance contract with the manufacturer or other recognized maintenance provider of the Equipment, and will send Lessor a copy of such warranty or contract on request. If Lessee has the Equipment maintained by someone other than the manufacturer, Lessee will pay any costs necessary to have the manufacturer re-certify the Equipment for continued maintenance at the expiration of its Lease Term or any Renewal Term (as defined herein). Lessee shall not make any alterations, substitutions, improvements or additions to the Equipment or Items, except (i) those required in order to comply with laws, regulations, rules and Insurance policies and (ii) those which shall be financed by the Lessor or for which Lessor first shall have consented thereto in writing, which consent shall not be unreasonably withheld. Notwithstanding any consent by Lessor, Lessee shall pay all costs and expenses of the foregoing. All replacements, repairs, improvements, alterations, substitutions and additions shall constitute accessions to the Equipment and title thereto shall vest in Lessor, and shall be free of any and all liens. In performing its obligations under this Section, Lessee will not treat the Equipment less favorably than similar equipment that it owns or leases, or reduce its performance in contemplation of expiration of the Term or any Renewal Term.

Maintenance and Alterations. (a) Lessee at its expense at all times shall maintain, service and 7.1 Landlord agrees to keep the following in good repair any damage to the Equipment so as toa prudent owner: (i) keep the Equipment in good entrances, sidewalks, corridors, parking areas and efficient working order, condition and repair, ordinary wear and tear resulting from proper use excepted, and make all inspections and repairs, including replacement of worn parts (which replacement parts shall be free and clear of all liens and encumbrances and shall, upon incorporation into other Common Areas solely servicing the Item, become the property of Lessor free and clear Building. The costs of any and all liens repairs and encumbrances and subject to the related Lease), to effect maintenance of such items shall be Operating Expenses. Notwithstanding the foregoing provisions of this Section 7.1 or Article 5, if any part of the Building is destroyed, damaged, suffers a casualty, or requires repair as the result of any act or omission of Tenant, its agents, invitees, licensees, contractors, or employees, Landlord shall be entitled to repair or replace same and the reasonable cost of any such repairs or replacements shall be paid to comply Landlord by Tenant upon demand by Landlord. If, in any emergency, it shall become necessary to make promptly any repairs or replacements required to be made by Tenant, Landlord may re-enter the Premises and proceed forthwith to have the repairs or replacements made and pay the costs thereof. Upon demand, Tenant shall reimburse Landlord for the reasonable cost of making the repairs. Tenant shall otherwise, at its sole cost, repair and maintain the Premises including, but not limited to, base building mechanical and electrical systems, all to a standard consistent with requirements a first class commercial/industrial building, with the exception only of lawsthose repairs which are the obligation of Landlord pursuant to this Lease. Without limiting the generality of the foregoing, regulations, rules Tenant is specifically required to maintain and provisions and conditions of insurance policies; and make repairs to (ii) pay all costswindows, expensesplate glass, fees and charges incurred in connection with the use or operation of the Equipment and of each Item, including but not limited to repairs, maintenance, storage and servicing. Lessee will maintain in effect a warranty by or maintenance contract with the manufacturer or other recognized maintenance provider of the Equipmentdoors, and will send Lessor any fixtures or appurtenances composed of glass serving the Premises; (iii) Tenant's sign; (iv) any heating or air conditioning equipment serving the Premises ("HVAC") (which shall include, without limitation, a copy preventive maintenance HVAC service contract, which service contract shall be entered into between Tenant and one of such warranty or contract on request. If Lessee has the Equipment maintained by someone other than the manufacturer, Lessee will pay any costs necessary to have the manufacturer re-certify the Equipment for continued maintenance at the expiration of its Lease Term or any Renewal Term (as defined hereinLandlord's approved HVAC contractors). Lessee Such service contract shall not make any alterationsinclude, substitutionswithout limitation, improvements preventive HVAC maintenance no less than quarterly); (v) the Premises or additions the Building when repairs to the Equipment same are necessitated by any act or Itemsomission of Tenant, except (i) those required in order or the failure of Tenant to comply with laws, regulations, rules and Insurance policies and (ii) those which shall be financed by the Lessor or for which Lessor first shall have consented thereto in writing, which consent shall not be unreasonably withheld. Notwithstanding any consent by Lessor, Lessee shall pay all costs and expenses of the foregoing. All replacements, repairs, improvements, alterations, substitutions and additions shall constitute accessions to the Equipment and title thereto shall vest in Lessor, and shall be free of any and all liens. In performing perform its obligations under this Section, Lessee will not treat Lease. All repair and maintenance performed by Tenant in the Equipment less favorably than similar equipment that it owns Premises shall be performed by contractors or leases, workmen designated or reduce its performance in contemplation of approved by Landlord. At the expiration or earlier termination of the Term Term, Tenant shall surrender the Premises to Landlord in as good condition and repair as Tenant is required to maintain the Premises throughout the Term. Tenant shall also furnish, maintain, and replace all electric light bulbs, tubes, and tube casings located within or any Renewal Termserving the Premises and Tenant's signage, all at Tenant's sole cost and expense.

Maintenance and Alterations. (a) Lessee at its expense at all times shall maintain, service and repair any damage to the Equipment so as to: (i) keep the Equipment in good and efficient working order, condition and repair, ordinary wear and tear resulting from proper use excepted, and make all inspections and repairs, including replacement of worn parts (which replacement parts shall be free and clear of all liens and encumbrances and shall, upon incorporation into the Item, become the property of Lessor free and clear of any and all liens and encumbrances and subject to the related Lease), to effect the foregoing and to comply with requirements of laws, regulations, rules and provisions and conditions of insurance policies; and (ii) pay all costs, expenses, fees and charges incurred in connection with the use or operation of the Equipment and of each Item, including but not limited to repairs, maintenance, storage and servicing. Lessee will maintain in effect a warranty by or maintenance contract with the manufacturer or other recognized maintenance provider of the Equipment, and will send Lessor a copy of such warranty or contract on request. If Lessee has the Equipment maintained by someone other than the manufacturer, Lessee will pay any costs necessary to have the manufacturer re-certify the Equipment for continued maintenance at the expiration of its Lease Term or any Renewal Term (as defined herein)Term. Lessee shall not make any alterations, substitutions, improvements or additions to the Equipment or Items, except (i) those required in order to comply with laws, regulations, rules and Insurance policies and (ii) those which shall be financed by the Lessor or for which insurance policies, unless Lessor first shall have consented thereto in writing, which consent shall not be unreasonably withheld. Notwithstanding any consent by Lessor, Lessee shall pay all costs and expenses of the foregoing. All replacements, repairs, improvements, alterations, substitutions and additions shall constitute accessions to the Equipment and title thereto shall vest in Lessor, and shall be free of any and all liens. In performing its obligations under this Section, Lessee will not treat the Equipment less favorably than similar equipment that it owns or leases, or reduce its performance in contemplation of expiration of the Term or any Renewal Term.

Maintenance and Alterations. (a) Lessee shall, at its expense at all times shall maintainexpense, service repair and repair any damage maintain the Plunger Mold so that it will remain in the same condition as when delivered to Lessee, or as modified to improve the Equipment so as to: (i) keep quantity or quality of Plungers produced by the Equipment in good and efficient working order, condition and repairPlunger Mold, ordinary wear and tear resulting from proper use excepted, including, without limitation, repairing and make restoring the Plunger Mold to good operating condition if it becomes damaged. Lessee shall maintain the Plunger Mold in accordance with all inspections good manufacturing practices and repairs, including replacement shall maintain an adequate supply of worn parts (which replacement parts spare parts. Such repair and maintenance shall be free performed in compliance with all requirements necessary to enforce all warranty rights and clear of in accordance with all liens applicable legal and encumbrances regulatory requirements. If Lessee fails to maintain the Plunger Mold in accordance with the terms hereof, Lessee shall enter into and keep in effect during the Lease Term any maintenance agreements with respect to the Plunger Mold as reasonably may be requested by Lessor. Lessee's obligation to repair, maintain and preserve the Plunger Mold shall not constitute authority to incur mechanic's or supplier's liens. Lessee shall, upon incorporation into at its expense, make such alterations (collectively, "Required Alterations") to the ItemPlunger Mold during the Lease Term as may be required by applicable legal and regulatory requirements. In addition, Lessee may at its expense, without Lessor's consent, so long as no Event of Default, or event which with the passage of time or giving of notice, or both, would constitute an Event of Default (each, an "Incipient Default"), has occurred and is continuing, make alterations (collectively, "Permitted Alterations") to the Plunger Mold which do not impair the commercial value or function or use of the Plunger Mold for the manufacture and production of Plungers and which are readily removable without causing material damage to the Plunger Mold. Any Permitted Alterations not removed by Lessee prior to the return of the Plunger Mold to Lessor, and all Required Alterations, shall immediately without further action become the property of Lessor free and clear of any and all liens and encumbrances and subject to the related Lease), to effect the foregoing and to comply with requirements of laws, regulations, rules and provisions and conditions of insurance policies; and (ii) pay all costs, expenses, fees and charges incurred in connection with the use or operation part of the Equipment and Plunger Mold for all purposes of each Item, including but not limited to repairs, maintenance, storage and servicing. Lessee will maintain in effect a warranty by or maintenance contract with the manufacturer or other recognized maintenance provider of the Equipment, and will send Lessor a copy of such warranty or contract on request. If Lessee has the Equipment maintained by someone other than the manufacturer, Lessee will pay any costs necessary to have the manufacturer re-certify the Equipment for continued maintenance at the expiration of its Lease Term or any Renewal Term (as defined herein). Lessee shall not make any alterations, substitutions, improvements or additions to the Equipment or Items, except (i) those required in order to comply with laws, regulations, rules and Insurance policies and (ii) those which shall be financed by the Lessor or for which Lessor first shall have consented thereto in writing, which consent shall not be unreasonably withheld. Notwithstanding any consent by Lessor, Lessee shall pay all costs and expenses of the foregoing. All replacements, repairs, improvements, alterations, substitutions and additions shall constitute accessions to the Equipment and title thereto shall vest in Lessor, and shall be free of any and all liens. In performing its obligations under this Section, Lessee will not treat the Equipment less favorably than similar equipment that it owns or leases, or reduce its performance in contemplation of expiration of the Term or any Renewal TermLease.