Common use of Maintenance and Alterations Clause in Contracts

Maintenance and Alterations. 8.1 Tenant shall keep and maintain the exterior and interior of the Premises in good condition and repair. As used herein, each and every obligation of Tenant to keep, maintain and repair shall include, without limitation, all ordinary nonstructural repairs and replacements. To the extent possible, Tenant shall keep the Premises from falling temporarily out of repair or deteriorating. Further, Tenant shall keep and maintain the improvements at any time situated upon the Premises, the parking area and all sidewalks and areas adjacent thereto, safe, secure, clean and sanitary (including, without limitation, snow and ice clearance, planting and replacing flowers and landscaping, and necessary interior painting and carpet cleaning), and in substantial compliance with all zoning, municipal, county and state laws, ordinances and regulations applicable to the Premises. Landlord represents and warrants that the Premises are as of the date of this Lease, in compliance with all applicable zoning, municipal, county and state laws, ordinances and regulations. 8.2 Tenant shall make all repairs, alterations, additions and improvements (hereinafter, "Alterations") on the Premises, and on and to the Improvements, parking areas, sidewalks, and equipment thereon, which may be made necessary by the act or neglect of Tenant, its employees, agents or contractors, or any persons, firm or corporation, claiming by, through or under Tenant or which are necessary or desirable in Tenant's sole opinion for the safer or more efficient operation of Tenant's business. All Alterations performed by Tenant shall be performed with new materials in a good and workmanlike manner. 8.3 Notwithstanding anything to the contrary contained in the foregoing, Landlord shall maintain and repair the Premises' structure, foundation and roof, and plumbing, electrical, heating, ventilating, air conditioning and other mechanical systems (the "Systems") in accordance with all Federal, state and local requirements and shall make all necessary maintenance and structural repairs to the Premises and Systems, which under generally accepted accounting principles are properly classified as capital expenses. Tenant shall be responsible, at its sole cost and expense, for routine maintenance of the Systems.

Maintenance and Alterations. 8.1 Tenant shall keep and maintain the exterior and interior of the Premises in good condition and repair. As used herein, each and every obligation of Tenant to keep, maintain and repair shall include, including without limitation, all ordinary nonstructural repairs structural and replacementsnon-structural repairs, maintenance and replacement of the plumbing, electrical, heating, ventilating, air conditioning and other mechanical systems (the "Systems"), and maintenance of the Premises' structure, foundation and roof. As to any repairs, alterations, additions and improvements (hereinafter "Alterations") costing in excess of $50,000.00, and as to any replacements or structural Alterations whatsoever, Tenant shall, in connection therewith, comply with the requirements of Section 8.2(b) hereof. To the extent possible, Tenant shall keep the Premises from falling temporarily out of repair or deteriorating. Further, Tenant shall keep and maintain the improvements at any time situated upon the Premises, the parking area and all sidewalks and areas adjacent thereto, safe, secure, clean and sanitary (including, without limitation, snow and ice clearance, planting and replacing flowers and landscaping, and necessary interior painting and carpet cleaning), and in substantial compliance with all zoning, municipal, county and state laws, ordinances and regulations applicable to the Premises. Landlord represents and warrants that the Premises are are, as of the date of this Lease, in compliance with all applicable zoning, municipal, county and state laws, ordinances and regulations. 8.2 (a) Subject to Section 8.2(b) hereof, Tenant shall make all repairs, alterations, additions and improvements (hereinafter, "Alterations") Alterations on the Premises, and on and to the Improvements, parking areas, sidewalks, and equipment thereon, which may be made necessary by the act or neglect of Tenant, its employees, agents or contractors, or any persons, firm or corporation, claiming by, through or under Tenant or which are necessary or desirable in Tenant's sole opinion for the safer or more efficient operation of Tenant's business. All Alterations Alternations performed by Tenant shall be performed with new materials materials, in a good and workmanlike manner. Except as provided in the first sentence of this paragraph, Tenant shall not create any openings in the roof or exterior walls, or make any other Alterations to the Premises, other than any non-structural Alterations not exceeding $50,000.00 in cost, without Landlord's prior written consent, which consent shall not be unreasonably withheld. 8.3 Notwithstanding anything (b) As to the contrary contained any non-structural Alterations costing in the foregoing, Landlord shall maintain and repair the Premises' structure, foundation and roofexcess of $50,000.00, and plumbingas to any replacements or structural Alterations whatsoever, electricalsuch work shall be performed with new materials, heatingin a good and workmanlike manner, ventilating, air conditioning strictly in accordance with plans and other mechanical systems (the "Systems") specifications therefor first reasonably approved in writing by Landlord and in accordance with all Federalapplicable laws and ordinances. Upon completion of any such work by or on behalf of Tenant, state Tenant shall provide Landlord with such documents as Landlord reasonably may require (including, without limitation, sworn contractors' statements and local requirements supporting lien waivers) evidencing payment in full for such work, and "as-built" working drawings. In the event Tenant performs any work not in compliance with the provisions of this Section 8.2(b), Tenant, following written notice from Landlord, immediately shall make remove such work and restore the Premises to its condition immediately prior to the performance thereof. If Tenant fails to remove such work and restore the Premises as aforesaid, Landlord, at its option, and in addition to all necessary maintenance and structural repairs to other rights or remedies of Landlord under this Lease, at law or in equity, may enter the Premises and Systems, which under generally accepted accounting principles are properly classified as capital expenses. perform said obligation(s) of Tenant and Tenant shall reimburse Landlord for the cost to the Landlord thereof, immediately upon being billed therefor by Landlord. Such entry by Landlord shall not be responsible, at its sole cost and expense, for routine maintenance deemed an eviction or disturbance of Tenant's use or possession of the SystemsPremises nor render Landlord liable in any manner to Tenant.

Maintenance and Alterations. 8.1 7.1 Landlord agrees to keep the following in good repair as a prudent owner: (i) the entrances, sidewalks, corridors, parking areas and other Common Areas solely servicing the Building. The costs of any and all repairs and 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 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 keep reimburse Landlord for the reasonable cost of making the repairs. Tenant shall otherwise, at its sole cost, repair and maintain the exterior Premises including, but not limited to, base building mechanical and interior electrical systems, all to a standard consistent with a first class commercial/industrial building, with the exception only of those repairs which are the obligation of Landlord pursuant to this Lease. Without limiting the generality of the Premises in good condition and repair. As used hereinforegoing, each and every obligation of Tenant is specifically required to keep, maintain and repair make repairs to (ii) windows, plate glass, doors, and 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, all ordinary nonstructural repairs a preventive maintenance HVAC service contract, which service contract shall be entered into between Tenant and replacementsone of Landlord's approved HVAC contractors). To the extent possible, Tenant Such service contract shall keep the Premises from falling temporarily out of repair or deteriorating. Further, Tenant shall keep and maintain the improvements at any time situated upon the Premises, the parking area and all sidewalks and areas adjacent thereto, safe, secure, clean and sanitary (includinginclude, without limitation, snow preventive HVAC maintenance no less than quarterly); (v) the Premises or the Building when repairs to the same are necessitated by any act or omission of Tenant, or the failure of Tenant to perform its obligations under this Lease. All repair and ice clearancemaintenance performed by Tenant in the Premises shall be performed by contractors or workmen designated or approved by Landlord. At the expiration or earlier termination of the Term, planting Tenant shall surrender the Premises to Landlord in as good condition and replacing flowers and landscapingrepair as Tenant is required to maintain the Premises throughout the Term. Tenant shall also furnish, maintain, and necessary interior painting and carpet cleaning)replace all electric light bulbs, tubes, and in substantial compliance with tube casings located within or serving the Premises and Tenant's signage, all zoningat Tenant's sole cost and expense. 7.2 Tenant will not make any alterations, municipaladditions, county and state laws, ordinances and regulations applicable or improvements to the Premises without the prior written consent of Landlord and, if required by the terms of any mortgage on the Premises, without the prior written consent of the Mortgagee; provided, however, that Tenant may make non-structural alterations not exceeding $10,000 in the aggregate, without the prior written consent of Landlord. Tenant shall obtain all required building permits and other necessary governmental approvals. Landlord represents reserves the right to withhold its consent in its sole and warrants that absolute discretion with respect to any alterations, additions or improvements which are structural in nature. In any event, both the contractors used and the plans and specifications for the alterations, additions, or improvements shall be subject to Landlord's prior approval, which approval shall not be unreasonably withheld or delayed or conditioned upon payment or consideration (except such payment or consideration as is required to be paid or made to Landlord under this Lease. All alterations, additions, or improvements made by either of the parties hereto on the Premises are as will be property of Landlord and will remain on and be surrendered with the date Premises at the termination of this Lease, in compliance with all applicable zoning, municipal, county except that Landlord may require alterations or improvements made by either party be removed and state laws, ordinances the Premises restored by Tenant at Tenant's sole cost and regulationsexpense to the condition thereof as the commencement of this Lease. 8.2 Tenant shall make all repairs, alterations, additions and improvements (hereinafter, "Alterations") on the Premises, and on and to the Improvements, parking areas, sidewalks, 7.2.1 All fixtures and equipment thereon, paid for by Landlord and all fixtures and equipment which may be made necessary paid for and placed on the Premises by the act or neglect of Tenant, its employees, agents or contractors, or any persons, firm or corporation, claiming by, through or under Tenant or from time to time but which are necessary or desirable in Tenant's sole opinion for the safer or more efficient operation of Tenant's business. All Alterations performed by Tenant shall be performed with new materials in a good so incorporated and workmanlike manner. 8.3 Notwithstanding anything to the contrary contained in the foregoing, Landlord shall maintain and repair the Premises' structure, foundation and roof, and plumbing, electrical, heating, ventilating, air conditioning and other mechanical systems (the "Systems") in accordance with all Federal, state and local requirements and shall make all necessary maintenance and structural repairs affixed to the Premises that their removal would involve damage or structural change to the Premises or which fixtures have become essential to the operation of the Premises and Systemsits systems, which under generally accepted accounting principles are properly classified as capital expenseswill be and remain the property of Landlord. Landlord reserves the right at any time, however, to require Tenant shall be responsible, to remove such fixtures and equipment at its Tenant's sole cost and expense, and to restore the Premises as required by Articles 7 and 19 hereof. 7.2.2 All furnishings, equipment, and fixtures other than those specified in this Article, which are paid for routine maintenance and placed on the Premises by Tenant from time to time (other than those which are replacements for fixtures originally paid for by Landlord) will remain the property of the SystemsTenant, but their removal will be at Tenant's expense and such removal will be in compliance with Articles 7 and 17 hereof.

Maintenance and Alterations. 8.1 9.1 Maintenance Tenant shall keep and maintain the entire exterior and interior of the Premises Leased Premises, specifically including, without limitation, the heating, ventilating and air conditioning equipment, the driveways, parking area and the roof, exterior and interior walls, ceilings, floors and substructure in good condition and repair. As used herein, each and every obligation of Tenant to keep, maintain and repair shall include, without limitation, all ordinary and extraordinary structural and nonstructural repairs and replacements. To As to any repair's costing in excess of $5,000.00, and as to any replacements whatsoever, Tenant shall, in connection therewith, comply with the requirements of Section 9.2(b) hereof Tenant shall, to the extent possible, Tenant shall keep the Leased Premises from falling temporarily out of repair or deteriorating. Further, Tenant shall further keep and maintain the improvements at any time situated upon the Leased Premises, the parking area and all sidewalks and areas adjacent thereto, safe, secure, clean and sanitary (including, including without limitation, snow and ice clearance, planting and replacing flowers and landscaping, and necessary interior painting and carpet cleaningcleaning at least once each year), and in substantial full compliance with all zoning, municipal, county and state laws, statutes, rules, regulations, ordinances or orders of any kind whatsoever having jurisdiction over the Leased Premises (including but not limited to, zoning and building laws and ordinances, environmental protection laws and regulations, the rules, regulations applicable and orders of any governmental agency and any building or environmental permit) and any condition, easement, right-of-way, covenant or restriction of record, health, safety and police regulations in force. Nothing in Section 1.4(a) shall be deemed to limit Tenant's obligations under this Section 9.1(a). In the event the Leased Premises are served or traversed by railroad switch or spur track, then Tenant, notwithstanding the provision of any rail track agreements to the Premises. Landlord represents contrary, shall repair and warrants that maintain, and remove snow from, or reimburse the Premises are railroad carrier for repairing, maintaining and/or snow removal, as the case may be, the portion of the date of this Lease, in compliance with all applicable zoning, municipal, county track and state laws, ordinances and regulationsrelated facilities on or serving the Leased Premises. 8.2 Tenant shall make all repairs, alterations, additions and improvements (hereinafter, "Alterations") on the Premises, and on and to the Improvements, parking areas, sidewalks, and equipment thereon, which may be made necessary by the act or neglect of Tenant, its employees, agents or contractors, or any persons, firm or corporation, claiming by, through or under Tenant or which are necessary or desirable in Tenant's sole opinion for the safer or more efficient operation of Tenant's business. All Alterations performed by Tenant shall be performed with new materials in a good and workmanlike manner. 8.3 Notwithstanding anything to the contrary contained in the foregoing, Landlord shall maintain and repair the Premises' structure, foundation and roof, and plumbing, electrical, heating, ventilating, air conditioning and other mechanical systems (the "Systems") in accordance with all Federal, state and local requirements and shall make all necessary maintenance and structural repairs to the Premises and Systems, which under generally accepted accounting principles are properly classified as capital expenses. Tenant shall be responsible, at its sole cost and expense, for routine maintenance of the Systems.