Common use of Maintenance and Alterations Clause in Contracts

Maintenance and Alterations. Upon prior written agreement with the District’s Director of Planning, CMP shall be allowed to conduct such upgrades/alterations, and/or renovation of the facility as is agreed upon. Any such changes shall be done by the District at CMP’s expense. Such written agreement must include the following information: (1) who will perform the work; (2) the timeline for completion; and (3) the cost, if any, that will be charged by the District to pay for the changes. All alterations, additions, and/or improvements to the facility must be made in compliance with District standards and procedures and/or standards applicable to public school districts. In the event District consents to the making of any alterations, additions or improvements to the Premises by CMP the same shall be made by CMP at CMP’s sole cost and expense unless otherwise agreed in writing. Upon the expiration or sooner termination of the Agreement, CMP shall, upon written demand by District, at CMP’s sole cost and expense, forthwith and with all due diligence, remove any alterations, additions, or improvements made by CMP, designated by District to be removed, and CMP shall, forthwith and with all due diligence, at its sole cost and expense, repair any damage to the Premises caused by such removal. Any alteration, additions or improvements to the Premises or any part thereof requested by the Charter School shall be made with full compliance with the Americans with Disabilities Act and all applicable building standards and requirements. On and after the Commencement Date of this Agreement, Charter School, at Charter School's sole cost and expense, shall promptly arrange with District to make any and all alterations, improvements, additions and/or repairs (whether structural or nonstructural) to the Premises necessary to bring the Premises and the use thereof by Charter School in compliance with the ADA, FEHA, applicable building code standard, or other applicable state or federal statutes (and shall be in compliance with the statute or code that provides the greatest accessibility and use of the facility by those with disabilities) provided these requirements are a direct result of Charter School’s modification of the Premises beyond that necessary for the District to provide a reasonably equivalent facility after commencement, subject to District's approval and other rights of District provided in this Agreement. The District shall remain responsible for compliance with the ADA, FEHA, and other applicable building code standards regarding access for any existing compliance issue prior to the date of execution of this Agreement.

Maintenance and Alterations. Upon a. Subject to Article 5, the Tenant will keep the Leased Premises and all improvements, fixtures and equipment in the Leased Premises, including windows, which are not part of the Common Elements in a good condition and state of repair, subject to reasonable wear and tear. The Landlord shall have the right at all reasonable times to examine the condition of the Leased Premises and the Tenant shall not be entitled to compensation for any inconvenience, nuisance or discomfort caused thereby. Landlord will notify the Tenant of deficiencies and the Tenant shall make good any deficiencies for which it is responsible within fifteen (15) days from the date of such notice. b. The Landlord shall keep the HVAC System in and for the exclusive use of the Leased Premises, in good repair and operating order (the cost of same shall be included in the Tenant’s Additional Rent). The Tenant acknowledges that any special HVAC equipment installed in the Leased Premises required specifically for the Tenant’s operations shall be maintained and repaired by the Tenant at their sole cost and expense. The Tenant will maintain the temperature in the Leased Premises at a reasonable standard of comfort for normal occupancy at all times. At the option of the Landlord, either the Landlord or the Tenant shall maintain, repair and, if necessary, replace the HVAC System in or which exclusively serves the Premises, including any variable air volume, valve or thermostat in the-Premises and items (including, but not limited to, booster units and make-up air units) installed by or on behalf of the Tenant that are located outside the Premises, (collectively, the “Premises HVAC System”), in each case at the sole cost and expense of the Tenant. In the event that the Landlord elects to require the Tenant to maintain, repair and replace the Premises HVAC System, the Tenant shall enter into a maintenance contract for such purpose with a contractor and on terms and conditions satisfactory to the Landlord, acting reasonably. In the event that the Landlord elects to maintain, repair and replace the Premises HVAC System, then the Tenant shall pay as Additional Rent, monthly in advance, the Landlord’s estimated costs and expenses of all such maintenance, repairs and replacement. Such costs and expenses shall include, without limitation, depreciation or amortization on such Premises HVAC System including interest on the undepreciated or unamortized portion of the costs of such Premises HVAC System and an administration fee of fifteen percent (15%) of all ​ of the foregoing costs and expenses. If the Premises are served by an HVAC System which serves more than one premises in the Building, then the Tenant shall be obligated to pay a share only of the foregoing costs and expenses as equitably determined by the Landlord upon the advice of a qualified engineer and such costs or expenses shall be allocated amongst the tenants served by such HVAC System. The foregoing costs and expenses shall exclude the cost of fuel and electricity consumed in the use of such HVAC System to the extent only that such costs and expenses are charged separately to and paid by the Tenant pursuant to other provisions of this Lease. Such costs and expenses shall be subject to annual estimate and year-end adjustment in the same manner as Operating Costs. c. If required by the Landlord or any governmental agency the Tenant will remove from the Leased Premises any Hazardous Substances which are located, stored or incorporated in or on any part of the Leased Premises which the Tenant or those for whom the Tenant is in law responsible brings onto or generates from the Leased Premises or which the Tenant or those for whom the Tenant is in law responsible suffers or permits to be brought onto or generated from the Leased Premises at any time and for whatever reason (but this shall not imply any authority to bring onto or generate from the Leased Premises (or suffer or permit the same) any Hazardous Substances which are otherwise prohibited by this Lease). The foregoing obligation to remove Hazardous Substances will survive the expiration of the Term or earlier termination of this Lease. d. The Tenant will not make any Alterations to the Leased Premises without the Landlord’s prior written agreement approval, which will not be unreasonably withheld if: (i) the Alterations meet the then current standard for the Building; (ii) adequate plans and specifications are produced; and (iii) the Tenant has obtained all requisite governmental approvals. The Tenant will pay to the Landlord, on demand, all costs incurred by the Landlord in connection with the District’s Director approval and supervision of Planningany Alterations, CMP shall be allowed including architectural and engineering consultants’ fees, plus a fee equal to conduct such upgrades/alterations, and/or renovation five percent (5%) of the facility as is agreed uponcost of the Alterations on account of the Landlord’s overhead and administration costs. e. All Alterations will be performed: (i) by competent workers whose labour union affiliations are compatible with others employed by the Landlord and its contractors; (ii) in a good and skillful manner; and (iii) in accordance with the approved plans and specifications and the Landlord’s reasonable requirements. f. The Landlord may require that any maintenance of or Alterations to the Leased Premises be performed by the Landlord at the Tenant’s cost if they affect: (i) the Common Elements; or (ii) any part of the Building outside the Leased Premises. Any such changes shall The Tenant will pay to the Landlord, on demand, the Landlord’s costs of the maintenance or Alterations, including architectural and engineering consultants’ fees, plus an Administration Fee. g. If any part of the Building requires repair, replacement or alteration because of anything done or omitted to be done by the District at CMPTenant or its officers, directors, agents, employees, contractors, invitees or licensees then the Tenant will pay to the Landlord, on demand, the Landlord’s expense. Such written agreement must include cost of the following information: (1) who will perform repairs, replacements or alterations, plus an Administration Fee. h. The Tenant shall not be entitled to install upon the work; (2) roof of the timeline for completion; and (3) the cost, if any, that will be charged Building any equipment except as consented to in writing by the District to pay for the changes. All alterationsLandlord, additionswhich consent may be arbitrarily withheld, and/or improvements to the facility must be made in compliance with District standards and procedures and/or standards applicable to public school districts. In the event District consents to the making of any alterations, additions or improvements to the Premises by CMP the same but if given shall be made by CMP at CMP’s sole cost and expense unless otherwise agreed subject to whatever conditions the Landlord, in writing. Upon the expiration or sooner termination of the Agreement, CMP shall, upon written demand by District, at CMP’s sole cost and expense, forthwith and with all due diligence, remove any alterations, additions, or improvements made by CMP, designated by District to be removed, and CMP shall, forthwith and with all due diligence, at its sole cost and expensediscretion, repair any damage to deems necessary in the Premises caused by such removal. Any alteration, additions or improvements to the Premises or any part thereof requested by the Charter School shall be made with full compliance with the Americans with Disabilities Act and all applicable building standards and requirements. On and after the Commencement Date of this Agreement, Charter School, at Charter School's sole cost and expense, shall promptly arrange with District to make any and all alterations, improvements, additions and/or repairs (whether structural or nonstructural) to the Premises necessary to bring the Premises and the use thereof by Charter School in compliance with the ADA, FEHA, applicable building code standard, or other applicable state or federal statutes (and shall be in compliance with the statute or code that provides the greatest accessibility and use of the facility by those with disabilities) provided these requirements are a direct result of Charter School’s modification of the Premises beyond that necessary for the District to provide a reasonably equivalent facility after commencement, subject to District's approval and other rights of District provided in this Agreement. The District shall remain responsible for compliance with the ADA, FEHA, and other applicable building code standards regarding access for any existing compliance issue prior to the date of execution of this Agreementcircumstances.

Maintenance and Alterations. Upon prior written agreement with Landlord shall keep the District’s Director foundation, outer walls, roof and buried conduits of Planning, CMP the demised premises in good repair and Landlord shall pay for all repairs to such portions of the premises except such repairs that may be occasioned by the negligence of Tenant or Tenant's agent or employees. If any repairs to the structural portion of the premises (or to the building in which the premises shall be allowed to conduct such upgrades/alterations, and/or renovation located) should be required as a result of the facility negligence of Tenant or Tenant's agent or employees, then Tenant shall pay all expenses incurred by Landlord as is agreed upona result of such repairs. Any Tenant shall keep the inside of the demised premises, including all plumbing, wiring, piping, fixtures, bulbs, flooring, carpeting, equipment, mechanical and electrical, and appurtenances, all plate glass, and the exterior doors, windows, and window frames of the demised premises in a clean and good order, condition and repair, and shall also keep the premises in a clean, sanitary and safe condition in accordance with law and in accordance with all rules and regulations of governmental and quasi-governmental agencies (including insurance boards) having jurisdiction over the Center. Tenant shall not make any permanent alterations or improvements to the demised premises without first obtaining Landlord's Consent to the design, materials, size and location thereof, and Landlord's consent, at Landlord's sole option, may also be conditioned upon the posting of a payment and performance bond. If Tenant desires to make any permanent improvement(s) or alteration(s), Landlord, upon approval of the plans and specifications therefor, may elect to make such changes improvements for Tenant at Tenant's expense in order to ensure the structural and architectural integrity and quality of construction work in the Center. In any such event, Tenant shall deposit with Landlord such sum of money as may be done by the District at CMP’s expense. Such written agreement must include the following information: (1) who will perform the necessary to make, construct, or install such work; (2) the timeline for completion; and (3) the cost, if any, that will be charged by the District to pay for the changes. All alterations, additions, and/or improvements and such fixtures other than trade fixtures which as a matter of law have become a part of the realty which may be made or installed by either of the parties hereto upon the premises and which in any manner are attached to the facility must be made in compliance with District standards and procedures and/or standards applicable to public school districts. In the event District consents to the making of any alterationsfloors, additions walls or improvements to the Premises by CMP the same ceilings shall be made by CMP at CMP’s sole cost and expense unless otherwise agreed in writing. Upon upon the expiration or sooner termination of this Lease become the Agreementproperty of Landlord without any payment by Landlord therefor, CMP shallprovided that Landlord may at its option require Tenant to remove from the premises at Tenant's expense all or any portion or item heretofore specified at the expiration of this Lease. Any personal and/or real property tax which may be imposed by the proper taxing authorities upon any improvements made or requested by Tenant shall be paid by Tenant. Tenant shall not install any lighting fixtures (inside or outside of the demised premises), upon shades, awnings, sliding doors in or on, alter the structure of or obstruct any portion of the demised premises in any manner without first having obtained Landlord's prior written demand consent therefor. Tenant agrees to remove all signs and personal insignia which may be displayed in or about the demised premises and pay Landlord for the repair of any damage caused to the demised premises by DistrictTenant's removal of such items. Anything in this Lease to the contrary notwithstanding, at CMP’s sole cost and expense, forthwith and with all due diligence, Tenant shall not remove any alterationsfurniture, additionsequipment, or improvements made by CMPfixtures, designated by District to be removed, and CMP shall, forthwith and with all due diligence, at its sole cost and expense, repair any damage to the Premises caused by such removal. Any alteration, additions or improvements to the Premises or any part thereof requested by the Charter School shall be made with full compliance with the Americans with Disabilities Act and all applicable building standards and requirements. On and after the Commencement Date of this Agreement, Charter School, at Charter School's sole cost and expense, shall promptly arrange with District to make any and all alterations, improvements, additions and/or repairs (whether structural or nonstructural) to the Premises necessary to bring the Premises and the use thereof by Charter School in compliance with the ADA, FEHA, applicable building code standardpersonal property, or other applicable state improvements from the demised premises without Landlord's prior written consent if Tenant is in default under any of Tenant's covenants or federal statutes (and shall be in compliance with the statute or code that provides the greatest accessibility and use of the facility by those with disabilities) provided these requirements are a direct result of Charter School’s modification of the Premises beyond that necessary for the District to provide a reasonably equivalent facility after commencement, subject to District's approval and other rights of District provided in obligations under this Agreement. The District shall remain responsible for compliance with the ADA, FEHA, and other applicable building code standards regarding access for any existing compliance issue prior to the date of execution of this AgreementLease.

Maintenance and Alterations. Upon prior written agreement (a) Tenant shall at all times keep the interior of the Leased Premises (which term shall include all doors and windows, including those located in exterior walls) in a state of thorough good order and repair. Tenant shall, at Tenant's expense, perform routine maintenance and service at least annually all heating and air-conditioning equipment located in the Leased Premises. Tenant shall be responsible for making "readily achievable" changes in the Leased Premises to comply with the District’s Director Title III Provisions of Planning, CMP shall be allowed to conduct such upgrades/alterations, and/or renovation of the facility as is agreed upon. Any such changes shall be done by the District at CMP’s expense. Such written agreement must include the following information: (1) who will perform the work; (2) the timeline for completion; and (3) the cost, if any, that will be charged by the District to pay for the changes. All alterations, additions, and/or improvements to the facility must be made in compliance with District standards and procedures and/or standards applicable to public school districts. In the event District consents to the making of any alterations, additions or improvements to the Premises by CMP the same shall be made by CMP at CMP’s sole cost and expense unless otherwise agreed in writing. Upon the expiration or sooner termination of the Agreement, CMP shall, upon written demand by District, at CMP’s sole cost and expense, forthwith and with all due diligence, remove any alterations, additions, or improvements made by CMP, designated by District to be removed, and CMP shall, forthwith and with all due diligence, at its sole cost and expense, repair any damage to the Premises caused by such removal. Any alteration, additions or improvements to the Premises or any part thereof requested by the Charter School shall be made with full compliance with the Americans with Disabilities Act and all applicable building standards and requirements. On and after the Commencement Date of this Agreement, Charter School, at Charter School's sole cost and expense, shall promptly arrange with District to make any and all alterations, improvements, additions and/or repairs (whether structural or nonstructural) to the Premises necessary to bring the Premises and the use thereof by Charter School in compliance with the ADA, FEHA, applicable building code standard, or other applicable state laws or federal statutes regulations, at Tenant's expense. (b) Landlord shall have the right at any time to enter the Leased Premises to examine and inspect the same, or to make such repairs or additions or alterations as it may deem necessary or proper for the safety, improvement of preservation thereof and shall at all times have the right, at its election, to make such alterations or changes in other portions of said building as it may from time to time deem necessary and desirable. (c) Tenant shall make no alterations and/or additions to the Leased Premises without first obtaining the written consent of Landlord, and all additions or improvements made by Tenant (except only movable office furniture) shall be in compliance with the statute or code that provides the greatest accessibility and use deemed a part of the facility by those with disabilities) provided these requirements are a direct result of Charter School’s modification of the Premises beyond that necessary for the District to provide a reasonably equivalent facility after commencement, subject to District's approval real estate and other rights of District provided in this Agreement. The District permanent structure thereon and shall remain responsible for compliance upon and be surrendered with said premises as a part thereof at the ADAend of said term, FEHAby lapse of time or otherwise. Should Tenant fail to remove any furniture or fixtures or personal property of any kind, then the same shall be considered as abandoned and become the property of Landlord. In the event Landlord may desire Tenant to remove additions or alterations, Tenant, at its expense, shall, upon the expiration or termination of this lease, restore the Leased Premises to the same and as good order and condition as when the same were entered upon by Tenant, ordinary wear and tear excepted, and other applicable building code standards regarding access for any existing compliance issue prior to in default thereof, Landlord may effect such removals and repairs and Tenant shall pay Landlord the date of execution of this Agreement.cost thereof