Common use of Maintenance and Alterations Clause in Contracts

Maintenance and Alterations. The Tenant: Will maintain the interior of the Leased Premises, including all fixtures, fittings, appliances, light bulbs, floors, ceiling, plumbing, switchboards, locks, keys, door handles, glass windows, window frames, doors, and door access equipment, fair wear and tear excepted; Is liable for any damage caused to the Leased Premises by himself or for which he is vicariously liable; may not effect any alterations, additions or improvements to the Leased Premises without the prior written consent of the Landlord, which shall not be unreasonably withheld; The Tenant shall have the right to place all such furniture, fixtures and fittings in the Leased Premises as are necessary for the purpose of carrying on its business in the Leased Premises. The Landlord: Undertakes to maintain the structure, roof and exterior of the Leased Premises, including passages, stairs, lifts and other common service areas in good order and repair at all times during the period of the Lease; Shall be entitled to effect any repairs, alterations, improvements and/or additions to the Leased Premises or any part thereof and shall be entitled access to any portion of the Leased Premises for the aforesaid purpose; Shall effect any repairs which it may be obliged to effect in terms of this Lease within a reasonable time after written notification to do so.

Maintenance and Alterations. 7.1 Landlord agrees to maintain and keep the following in good repair as a prudent owner: (i) at Landlord’s sole cost and expense, the structure of the building, including, without limitation exterior walls, slab and roof of the building and base building, mechanical electrical systems and HVAC systems (to the extent Tenant maintains an HVAC maintenance agreement as provided below); and (ii) 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 set forth in (ii) above shall be Common Area Maintenance Charges. 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: Will , 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 upon prior notice to Tenant re-enter the Premises and proceed forthwith to have the repairs or replacements made and pay the costs thereof. In connection with the foregoing, Landlord shall use reasonable efforts to minimize interference with Tenant’s use and operation of the Premises. 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 interior Premises, 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 Leased Premisesforegoing, including all fixtures, fittings, appliances, light bulbs, floors, ceiling, plumbing, switchboards, locks, keys, door handles, glass Tenant is specifically required to maintain and make repairs to (i) windows, window framesplate glass, doors, and door access equipmentany fixtures or appurtenances composed of glass; (ii) Tenant’s sign; and Tenant shall obtain at its expense a preventive maintenance HVAC service contract, fair which service contract shall be entered into between Tenant and one of Landlord’s approved HVAC contractors, provided the cost and fees of such contractor do not exceed competitive rates for such services. Such service contract shall include, without limitation, preventive HVAC maintenance no less than quarterly; and (iii) 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. At the expiration or earlier termination of the 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 subject to ordinary wear and tear excepted; Is liable for and any damage caused to on account of any casualty. Tenant shall also furnish, maintain, and replace all electric light bulbs, tubes, and tube casings located within or serving the Leased Premises by himself or for which he is vicariously liable; may and Tenant’s signage, all at Tenant’s sole cost and expense. 7.2 Tenant will not effect make any alterations, additions additions, or improvements to the Leased 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 $25,000 in the aggregate in any Lease Year, without the prior written consent of Landlord. Tenant shall obtain all required building permits and other necessary governmental approvals. Landlord reserves the right to withhold its consent in its reasonable 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; The 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 will be property of Landlord and will remain on and be surrendered with the Premises at the termination of this Lease, except that Landlord may require alterations or improvements made by either party be removed and the Premises restored by Tenant shall at Tenant’s sole cost and expense to the condition thereof as the commencement of this Lease. 7.2.1 All fixtures and equipment paid for by Landlord and all fixtures and equipment which may be paid for and placed on the Premises by Tenant from time to time but which are so incorporated and affixed to the Premises that their removal would involve material damage or structural change to the Premises or which fixtures have become essential to the operation of the Premises and its systems, will be and remain the property of Landlord. Landlord reserves the right at any time, however, to place all require Tenant to remove such furniture, fixtures and fittings equipment except any property or improvement installed in connection with Landlord’s Work, at Tenant’s sole cost and expense, and to restore the Leased 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 necessary paid for and placed on the purpose 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 carrying on its business Tenant, but their removal will be at Tenant’s expense and such removal will be in the Leased Premises. The Landlord: Undertakes to maintain the structure, roof compliance with Articles 7 and exterior of the Leased Premises, including passages, stairs, lifts and other common service areas in good order and repair at all times during the period of the Lease; Shall be entitled to effect any repairs, alterations, improvements and/or additions to the Leased Premises or any part thereof and shall be entitled access to any portion of the Leased Premises for the aforesaid purpose; Shall effect any repairs which it may be obliged to effect in terms of this Lease within a reasonable time after written notification to do so17 hereof.

Maintenance and Alterations. The Tenant: Will maintain Tenant shall keep the interior Premises in good repair and at the expiration of the Leased Premisesterms shall yield and deliver up the same in like condition as when taken, including all fixtures, fittings, appliances, light bulbs, floors, ceiling, plumbing, switchboards, locks, keys, door handles, glass windows, window frames, doors, reasonable use and door access equipment, fair wear and tear thereof excepted; Is liable for . Tenant shall not make any damage caused alterations to the Leased Premises by himself or for which he is vicariously liable; may not effect (including fastening any alterations, additions or improvements to the Leased Premises floor covering) without the Landlord's prior written consent of the and then only by such contractors as approved by Landlord, which whose consent and approval shall not be unreasonably withheld; The . All alterations and additions made by either Landlord or Tenant, including any floor covering fastened to the floor by nails or adhesive, shall be the property of Landlord and shall remain upon the Premises at the termination of this Lease, except that Tenant may remove all movable office furniture and equipment installed by Tenant, and Tenant shall have remove such other alterations and additions installed by Tenant as Landlord may direct. Tenant shall, at Tenant's expense, repair any damage to the right to place all Premises caused by the installation or removal of such furniture, fixtures fixtures, alterations or additions so removed and fittings shall restore the Premises. If Tenant fails to remove all of Tenant's property and the property of others in the Leased possession of Tenant from the Premises as are necessary for at the purpose of carrying on its business in the Leased Premises. The Landlord: Undertakes to maintain the structure, roof and exterior of the Leased Premises, including passages, stairs, lifts and other common service areas in good order and repair at all times during the period of the Lease; Shall be entitled to effect any repairs, alterations, improvements and/or additions to the Leased Premises or any part thereof and shall be entitled access to any portion of the Leased Premises for the aforesaid purpose; Shall effect any repairs which it may be obliged to effect in terms termination of this Lease within a reasonable time after written notification Lease, Landlord may remove and dispose of such property in any manner without liability therefor, and Tenant shall pay all charges for such removal and disposal upon demand by Landlord. Tenant shall indemnify and hold harmless Landlord for any claim by other persons with respect to do sosuch property.

Maintenance and Alterations. The Tenant: Will (a) Subject to Section 9.1(e) herein, Tenant shall keep, repair, replace, resurface and maintain the foundations, heating, ventilating, air conditioning, plumbing, lighting, and electrical, utility and sanitary and storm sewer systems' roof, floors, weightbearing walls and columns, seawalls, exterior and interior walls, windows, loading docks, fixtures and other structural and non-structural components of the Building and other Improvements and the landscaping, driveways, sidewalks, utility lines, parking areas, curbs and traffic areas on the Premises in good, safe, working order, condition and repair. Tenant shall perform all exterior painting (at such intervals as Tenant deems appropriate) and shall remove snow accumulations, if and when deemed necessary by Tenant, from the roof and from the parking lot. Notwithstanding anything contained herein to the contrary, Tenant acknowledges that Landlord has disclosed that the seawall is in need of capital improvements and that Tenant's responsibilities under this Article IX include the maintenance, repair and replacement of the seawall. (b) If Tenant shall fail to comply with any provision of this Article IX beyond all applicable notice and cure periods, Landlord shall, upon reasonable prior notice to Tenant, except in the case of an emergency (in which event no notice shall be required), at its option and without prejudice to its rights and remedies under Article XVII hereof, cure such default of Tenant (the nature of which is the subject of Landlord's default notice to Tenant), Tenant shall pay Landlord the reasonable out of pocket cost of such repair and expenses incurred by Landlord in connection with such repair within thirty (30) days after Landlord bills Tenant therefor. Tenant shall not be obligated to make repairs caused by Landlord's gross negligence or Landlord's breach of this Lease. (c) In addition to its obligations under subsection 9.1(a), Tenant shall keep, repair, replace and maintain the entire interior of the Leased Premises (including without limitation, columns and interior walls), roof-mounted mechanical equipment, if any, used in connection with the Premises, including all heating, ventilating and air conditioning systems, plumbing fixtures, fittingslight fixtures, appliancesbulbs and tubes, light bulbspipes and conduits below the floor of the freezer-space, floorsif any, ceilingand windows on the interior and exterior of the Premises in good, plumbingsafe, switchboardsworking order, lockscondition and repair, keysincluding, door handleswithout limitation, any necessary replacements, necessary interior painting, keeping all glass (in windows, window frames, doorsdoors and skylights) clean and in at least as good as condition and repair as of the date hereof, and door access equipmentmaintaining and repairing of exterior doors in conformity with general prudent standards. (d) Subject to all of the terms and provisions of this Lease, fair Tenant shall maintain the Premises in such condition as is required to fully comply with all governmental orders, decrees, regulations, laws, rules and regulations without regard to whether such maintenance requires additional improvements, ordinary or extraordinary expense. Tenant shall promptly remove any debris left by Tenant, its employees, agents, contractors, customers or invitees in the Premises. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible to repair, maintain and/or replace any portion of the Premises or the Building which is damaged by the acts or gross negligence of Landlord or its agents, contractors, employees, officers or directors. (e) Notwithstanding Tenant's efforts to maintain the exterior walls, floor slabs, foundation and weightbearing walls and columns, if such elements are in need of replacement, as INITIAL HERE: Landlord: Tenant: DK RP --------- -------- a result of ordinary wear and tear excepted; Is liable and not as a result of a casualty covered by insurance required to be carried by Tenant hereunder, Landlord shall be responsible for any damage caused to the Leased Premises by himself or for which he is vicariously liable; may not effect any alterations, additions or improvements to the Leased Premises without the prior written consent replacing such elements in a good and workmanlike manner at Landlord's sole cost and expense (exclusive of the Landlordseawall). Landlord shall also be responsible for causing the exterior walls, floor slabs, foundation and weightbearing walls and columns (exclusive of the seawall) to be in compliance with all governmental orders, decrees, regulations, laws, rules and regulations. If Landlord fails to fulfill its obligations contained in this Section 9.1(e) and such failure shall continue for a period of thirty (30) days after two (2) written notices (sent at least thirty (30) days apart from one another) from Tenant of such failure, Tenant shall have the option to perform the work required of Landlord which shall not be unreasonably withheld; The is the subject of Tenant's notice in a lien-free and good and workmanlike manner. Tenant shall have the right to place all make demand against Landlord for Tenant's reasonable costs of performing Landlord's obligations under this Section 9.1(e) and if Landlord shall fail to reimburse Tenant for such furniture, fixtures and fittings in the Leased Premises as are necessary for the purpose of carrying on its business in the Leased Premises. The Landlord: Undertakes to maintain the structure, roof and exterior of the Leased Premises, including passages, stairs, lifts and other common service areas in good order and repair at all times during the period of the Lease; Shall be entitled to effect any repairs, alterations, improvements and/or additions to the Leased Premises or any part thereof and shall be entitled access to any portion of the Leased Premises for the aforesaid purpose; Shall effect any repairs which it may be obliged to effect in terms of this Lease costs within a reasonable time thirty (30) days after written notification to do sodemand by Tenant, then Tenant may offset the amount of such costs remaining unpaid, with interest at the Interest Rate against Base Rent.

Maintenance and Alterations. The Tenant: Will maintain Tenant shall keep the interior Premises in good repair and at the expiration of the Leased Premisesterms shall yield and deliver up the same in like condition as when taken, including all fixtures, fittings, appliances, light bulbs, floors, ceiling, plumbing, switchboards, locks, keys, door handles, glass windows, window frames, doors, reasonable use and door access equipment, fair wear and tear thereof excepted; Is liable for . Tenant shall not make any damage caused alterations to the Leased Premises by himself or for which he is vicariously liable; may not effect (including fastening any alterations, additions or improvements to the Leased Premises floor covering) without the Landlord's prior written consent and then only by such contractors as may then be employed by Landlord. All alterations and additions may by either Landlord or Tenant, including any floor covering fastened to the floor by nails or adhesive, shall be the property of Landlord and shall remain upon the LandlordPremises at the termination of this Lease, which shall not be unreasonably withheld; The except that Tenant may remove all movable office furniture and equipment installed by Tenant, and Tenant shall have remove such other alterations and additions installed by Tenant as Landlord may direct. Tenant shall, at Tenant's expense, repair any damage to the right to place all Premises caused by the installation or removal of such furniture, fixtures fixtures, alterations or additions so removed and fittings shall restore the Premises. If Tenant fails to remove all of Tenant's property and the property of others in the Leased possession of Tenant from the Premises as are necessary for at the purpose of carrying on its business in the Leased Premises. The Landlord: Undertakes to maintain the structure, roof and exterior of the Leased Premises, including passages, stairs, lifts and other common service areas in good order and repair at all times during the period of the Lease; Shall be entitled to effect any repairs, alterations, improvements and/or additions to the Leased Premises or any part thereof and shall be entitled access to any portion of the Leased Premises for the aforesaid purpose; Shall effect any repairs which it may be obliged to effect in terms termination of this Lease within a reasonable time after written notification Lease, Landlord may remove and dispose of such property in any manner without liability therefor, and Tenant shall pay all charges for such removal and disposal upon demand by Landlord. Tenant shall indemnify and hold harmless Landlord for any claim by other persons with respect to do sosuch property.