Common use of Maintenance and Repair and Replacement Clause in Contracts

Maintenance and Repair and Replacement. Tenant shall maintain and -------------------------------------- make all necessary structural repairs, replacements and alterations to the Building, including but not limited to foundations, roofs, exterior walls, marquees, structural columns and structural beams, electrical or plumbing fixtures located within the Premises. Tenant shall proceed promptly to make such repairs or corrections. Notwithstanding the foregoing, prior to July 1, 1990, the Landlord shall maintain the roof of the Building; thereafter, maintenance of the roof shall be the Tenant's responsibility. Tenant shall, at its own cost and expense (i) subject to the provisions of Section 2.4, keep the Premises decorated, in good order and repair and in a tenantable condition during the Term, (ii) maintain in good condition and repair all electrical and plumbing fixtures located within the Premises, all systems, fixtures and structures installed in the premises and the ventilating, heating and air conditioning system serving the Premises, (iii) promptly and adequately repair all damage to the Premises including the replacement or repair of all damaged or broken glass, fixtures and appurtenances, which replacement or repair shall be under the direct supervision of Landlord and shall be in full compliance with all applicable laws and ordinances, and (iv) make all other repairs and replacements to the Premises. If Tenant fails to make or commence to make such repairs or replacements promptly after written notice thereof from Landlord, Landlord may, in its sole discretion, do so and Tenant shall pay to the Landlord the reasonable cost thereof within fifteen (15) days of being billed therefor. Landlord may enter the Premises at all reasonable times to make such repairs to the Premises or any property or equipment located therein as Landlord shall reasonably deem necessary or be required to do by any governmental authority or judicial order. In making such entry, Landlord shall use its best efforts not to unreasonably interfere with Tenant's occupancy of the Premises, and, except in the event of an emergency, shall enter only upon reasonable prior notice to Tenant explaining the reasons therefor.

Maintenance and Repair and Replacement. Tenant shall Except for damage caused by Tenant, Landlord shall, in full compliance with all applicable laws and ordinances, maintain and -------------------------------------- make all necessary structural repairs, replacements and alterations to the Building, including but not limited to foundations, roofs, exterior and load bearing walls, marquees, structural columns and structural beams, electrical or plumbing fixtures located within the Premises. Tenant Landlord shall proceed promptly to make with such maintenance, repairs or corrections. Notwithstanding the foregoing, prior to July 1, 1990, the Landlord shall maintain the roof of the Building; thereafter, maintenance of the roof shall be the Tenant's responsibilityand replacements. Tenant shall, at its own cost and expense (i) subject to the provisions of Section 2.42.3, (i) keep the interior of the Premises decorated, in good order and repair and in a clean and tenantable condition during the Term, Term and (ii) maintain in good operating condition and repair repair, ordinary wear and tear excepted, all electrical electrical, mechanical and plumbing fixtures located within the Premises, all systemssystem and fixtures serving the Premises, fixtures and structures installed in the premises and the ventilating, heating and air conditioning system conditioning, if any, systems serving the PremisesPremises the floors, (iii) promptly the parking lot and adequately the parking area during the Term; provided however, Tenant shall have no responsibility with respect to the maintenance of the tin outbuilding containing less than 1000 square feet and shall have the right to tear down such building at Tenant's option. Tenant shall also repair all any damage to the Premises including the replacement caused by Tenant, or repair of all damaged its agents or broken glassemployees, fixtures ordinary wear and appurtenances, which replacement or repair shall be under the direct supervision of Landlord and shall be in full compliance with all applicable laws and ordinances, and (iv) make all other repairs and replacements to the Premisestear excepted. If Tenant either party fails to make or commence to make such repairs or replacements promptly after written notice thereof from Landlordthe other party and applicable grace periods, Landlord the notifying party may, in its sole discretion, do so and Tenant the defaulting party shall pay to the Landlord notifying party the reasonable cost thereof within fifteen thirty (1530) days of being billed therefor. In the event the defaulting party does not reimburse the notifying party within the aforesaid thirty (30) day period, such failing shall be deemed to be a further default hereunder and such amount shall bear interest from the date of the statement at the rate set forth in Section 13.3(b). Landlord may enter the Premises at all reasonable times to inspect or show the Property to prospective tenants during the last six (6) months of the Term or the extended Term if applicable (so long as the option to extend set forth in Section 9.1 has not been exercised) or to make such repairs to the Premises or any property or equipment located therein as Landlord shall reasonably deem necessary necessary, or be as required in order to do comply with its obligations hereunder or as required by any governmental authority or judicial order. In making such entry, Landlord shall use its best efforts not to unreasonably interfere with Tenant's use and occupancy of the Premises, and, except in the event of an emergency, shall enter only upon reasonable prior notice to Tenant explaining the reasons therefor.

Maintenance and Repair and Replacement. Tenant Landlord shall maintain and -------------------------------------- make all necessary structural repairs, replacements and alterations to the BuildingCommon Areas, the Building and the Property of a capital nature, including but not limited to to: foundations, roofs, exterior walls, marquees, structural columns and structural beamsbeams (excluding all windows and window frames, electrical or plumbing fixtures located within the Premises. Tenant shall proceed promptly to make such repairs or corrections. Notwithstanding the foregoingplate glass and doors), prior to July 1and, 1990, the Landlord shall maintain the roof exterior of the Building; thereafterprovided, maintenance however, that the cost of repairing any damage to the roof Property caused in whole or in part by the act or neglect of Tenant, its agents, employees or invitees shall be paid by Tenant, and Landlord shall not be responsible for the Tenant's responsibilitymaintenance or repair of any other system, fixture or structure located within the Building (such as HVAC, by way of example). Except as otherwise provided herein in Article IV and Article VI, and except for ordinary and reasonable wear and tear excepted, Tenant shall, at its own cost and expense (i) subject to the provisions of Section 2.4, expense: keep the Premises Building decorated, in good order and repair and in a tenantable condition during the Term, (ii) condition; maintain in good condition and repair all electrical and plumbing fixtures located within the Premises, and all systems, fixtures and structures installed in the premises by Tenant, and the ventilatingheating, heating ventilating and air conditioning system serving the Premises, (iii) Building; and promptly and adequately repair all damage to the Premises Property caused by Tenant, its agents, employees and invitees, including the replacement or repair of all damaged or broken glass, fixtures and appurtenances, which replacement . Replacement or repair shall be under the direct supervision of Landlord and shall be in full compliance with all applicable laws and ordinances, and (iv) make all other repairs and replacements to the Premises. If Tenant fails to make or commence to make such repairs or replacements promptly after thirty (30) days' prior written notice thereof from Landlord, Landlord may, in its sole discretion, do so and Tenant shall pay to the Landlord the reasonable cost thereof as Rent within fifteen thirty (1530) days of being billed therefor. Landlord may enter the Premises Property at all reasonable times and without disruption to Tenant's Business, upon reasonable written prior notice to Tenant to make such repairs and alterations to the Premises or any property or equipment located therein Property as Landlord shall deem reasonably deem necessary or be required to do by any governmental authority or judicial order. In making such entryrequired, Landlord shall use its best efforts not to unreasonably interfere with Tenant's occupancy of the Premises, and, except in the event presence of an emergency, shall enter only upon reasonable prior notice to Tenant explaining the reasons thereforor its representative if Tenant so desires.

Maintenance and Repair and Replacement. Tenant shall Except for damage caused by Tenant, Landlord shall, in full compliance with all applicable laws and ordinances, maintain and -------------------------------------- make all necessary structural repairs, replacements and alterations to the Building, including but not limited to foundations, roofs, exterior and load bearing walls, marquees, structural columns and structural beams, electrical or plumbing fixtures located within the Premises. Tenant ordinary wear and tear excepted, Landlord shall proceed promptly to make with such maintenance, repairs or corrections. Notwithstanding the foregoing, prior to July 1, 1990, the Landlord shall maintain the roof of the Building; thereafter, maintenance of the roof shall be the Tenant's responsibilityand replacements. Tenant shall, at its own cost and expense (i) subject to the provisions of Section 2.42.3, (i) keep the interior of the Premises decorated, in good order and repair and in a clean and tenantable condition during the Term, Term and (ii) maintain in good operating condition and repair repair, ordinary wear and tear excepted, all electrical electrical, mechanical and plumbing fixtures located within the Premises, all systemssystem and fixtures serving the Premises, fixtures and structures installed in the premises and the ventilating, heating and air conditioning system conditioning, if any, systems serving the Premises, (iii) promptly the floors, the parking lot and adequately parking areas during the Term. Tenant shall also repair all any damage to the Premises including the replacement caused by Tenant, or repair of all damaged its agents or broken glassemployees, fixtures ordinary wear and appurtenances, which replacement or repair shall be under the direct supervision of Landlord and shall be in full compliance with all applicable laws and ordinances, and (iv) make all other repairs and replacements to the Premisestear excepted. If Tenant either party fails to make or commence to make such repairs or replacements promptly after written notice thereof from Landlordthe other party and applicable grace periods, Landlord the notifying party may, in its sole discretion, do so and Tenant the defaulting party shall pay to the Landlord notifying party the reasonable cost thereof within fifteen thirty (1530) days of being billed therefor. In the event the defaulting party does not reimburse the notifying party within the aforesaid thirty (30) day period, such failing shall be deemed to be a further default hereunder and such amount shall bear interest from the date of the statement at the rate set forth in Section 13.3(b). Landlord may enter the Premises at all reasonable times to inspect, to show the Property to prospective tenants during the last six (6) months of the Term or the extended Term, if applicable (so long as the option to extend set forth in Section 9.1 has not been exercised), or to make such repairs to the Premises or any property or equipment located therein as Landlord shall reasonably deem necessary necessary, or be as required in order to do comply with its obligations hereunder or as required by any governmental authority or judicial order. In making such entry, Landlord shall use its best efforts not to unreasonably interfere with Tenant's use and occupancy of the Premises, and, except in the event of an emergency, shall enter only upon reasonable prior notice to Tenant explaining the reasons therefor.