Common use of Maintenance and Repair by Txxxxx Clause in Contracts

Maintenance and Repair by Txxxxx. (a) Tenant shall, at its own cost and expense, keep, maintain and repair the Premises in good condition. Such repair and maintenance obligations apply to the entire Premises, including without limitation (i) all buildings and improvements of every kind which may be a part thereof (whether interior or exterior, structural or non-structural); (ii) all heating, electrical, air conditioning, ventilating and plumbing equipment therein; and (iii) all appurtenances thereto, including sidewalks and parking areas adjacent thereto. Tenant shall repair, restore and replace any such improvements which may become inoperable or be destroyed or damaged by fire, casualty, or any other cause. In the event the Premises are or become subject to the common area maintenance charges, or other third party bxxxxxxx, Tenant shall be responsible therefor. Tenant shall comply with all federal, state, county, municipal and other governmental statutes, ordinances, laws and regulations affecting the Premises and improvements thereon, or any activity or condition on or in the Premises. Tenant shall, at its own expense, keep the Premises in sanitary, clean and neat order and keep the sidewalks and parking area free of snow and trash. (b) If Tenant shall fail, refuse or neglect to make repairs in accordance with the terms and provisions of this Lease or if Landlord is required to make any repairs by reason of any act, omission to act, or negligence of Tenant, or its assignees, subtenants, concessionaires or licensees, or their respective employees, agents or contractors, Landlord shall have the right, at its option, after Landlord shall have given to Tenant a ten (10) day notice (except in case of an emergency), (i) to make such repairs on behalf of and for the account of Tenant, (ii) to enter upon the Premises for such purposes, (iii) to add the cost and expenses thereof, to and for the next installments of the Base Monthly Rent due. Txxxxx agrees to pay such amount. Nothing contained in this Section shall be deemed to impose any duty upon Landlord or affect in any manner the obligations assumed by Tenant hereunder. Any cost or expense incurred by Landlord and chargeable to Tenant as herein provided shall be reduced to the extent that Landlord is reimbursed, therefore, under any policy of insurance.

Maintenance and Repair by Txxxxx. Subject to the provisions hereof, Tenant shall keep the Premises free of refuse and rubbish, and shall keep in good order the interior of the Premises including, but not limited to, the maintenance, repair and replacement of the internal Utility systems from the point of entry into the Premises, and the heating, ventilating, and air conditioning (a“HVAC”) system servicing only the Premises. Subject to the other provisions of this Lease, Txxxxx shall return the Premises at the expiration or earlier termination of this Lease, in as good condition as was received as of the Commencement Date excepting only ordinary wear and tear and loss by insured casualty for the operable ones, broom-clean, except for damage caused by ordinary wear and tear or damage for which Tenant shallis not responsible under the other provisions of this Lease. If Tenant refuses or neglects to repair property as required hereunder to the reasonable satisfaction of Landlord within ten (10) days after written demand, Landlord may make such repairs in a good and workmanlike manner without liability to Tenant for any loss or damage that may occur to Tenant’s merchandise, fixtures, or other property or to Tenant’s business by reason thereof (except to the extent caused by Lxxxxxxx’s gross negligence or willful misconduct) and upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs together with an overhead fee in the amount of 10% of the costs to complete the maintenance. Subject to the Landlord’s obligations outlined in Section 4.g. Tenant is responsible, at its own sole cost and expense, keep, maintain for promptly performing all maintenance and repair the Premises in good condition. Such repair necessary repairs and maintenance obligations apply to replacements throughout the entire Premises. This includes, including without limitation (i) all buildings but is not limited to, various components such as the floor slab, interior and improvements demising walls, interior portions of every kind which may be a part thereof (whether interior or exteriorexterior walls, structural or non-structural); (ii) all windows, glass, window frames, entries, doors, overhead doors, truck doors, door frames, loading dock areas, dock bumpers, dock plates and levelers, signs, and systems such as plumbing, heating, electricalventilating, air conditioning, ventilating electrical, fire sprinkler, and plumbing equipment therein; and (iii) all appurtenances theretofire protection, including sidewalks and parking areas adjacent thereto. Tenant shall repair, restore and replace any such improvements which may become inoperable or be destroyed or damaged by fire, casualty, or any other cause. In the event the Premises are or become subject to the common area maintenance charges, or other third party bxxxxxxx, Tenant shall be responsible therefor. Tenant shall comply with all federal, state, county, municipal and other governmental statutes, ordinances, laws and regulations affecting the Premises and improvements thereon, or any activity or condition on or in as long as they exclusively serve the Premises. Tenant shallis required, at its own sole cost and expense, keep the Premises in sanitaryto procure and maintain service contracts with licensed firms satisfactory to Landlord for quarterly maintenance of heating, clean ventilating, and neat order and keep the sidewalks and parking area free of snow and trash. (b) If Tenant shall fail, refuse or neglect to make repairs in accordance with the terms and provisions of this Lease or if Landlord is required to make any repairs by reason of any act, omission to act, or negligence of Tenant, or its assignees, subtenants, concessionaires or licensees, or their respective employees, agents or contractors, Landlord shall have the right, at its option, after Landlord shall have given to Tenant a ten (10) day notice (except in case of an emergencyoperable air conditioning systems(HVAC), (i) dock doors and levelers. Tenant must provide copies of all service contracts to make such repairs on behalf of Landlord and, upon request, provide evidence, including reports, demonstrating that the work and for the account of Tenant, (ii) to enter upon the Premises for such purposes, (iii) to add the cost and expenses thereof, to and for the next installments of the Base Monthly Rent due. Txxxxx agrees to pay such amount. Nothing contained inspections outlined in this Section shall be deemed to impose any duty upon Landlord or affect in any manner the obligations assumed by Tenant hereunder. Any cost or expense incurred by Landlord and chargeable to Tenant as herein provided shall be reduced to the extent that Landlord is reimbursed, therefore, under any policy of insurancethese contracts have been performed.