Common use of Maintenance and Repair Expenses Clause in Contracts

Maintenance and Repair Expenses. Tenant covenants and agrees to maintain, repair, replace and keep the Premises and all improvements, fixtures and personal property thereon in good, safe and sanitary condition, order and repair and in accordance with all applicable laws, ordinances, orders, rules and regulations (including, without limitation, the Americans with Disabilities Act “ADA”) of governmental authorities having jurisdiction, now existing or hereafter enacted; to pay all costs and expenses in connection therewith; and to contract for the same in Tenant’s own name; and to pay to Landlord, pursuant to the provisions hereinabove for Monthly Deposits, Tenant’s Proportionate Share of any such costs and expenses incurred by Landlord relating to Common Facilities or which are not separately allocated to premises in the Building leased or held for lease to tenants. Such costs and expenses as to Common Facilities may include the costs and expenses of maintenance and upkeep of grass, trees, shrubs and landscaping, including replanting where necessary, landscaped areas, and parking areas secure (with guards or watchmen where Landlord deems necessary) and free from litter, dirt, debris, snow, and obstructions; and ordinary maintenance and repair of the Property and Improvements. All maintenance and repairs by Tenant shall be done promptly, in a good and workmanlike fashion, and without diminishing the original quality of the Premises or the Property. Landlord shall be responsible for and shall bear the costs and expenses of replacement of, or extraordinary maintenance and repairs to, roofs, exterior walls, sidewalks, parking lot and structural elements of the Building and Improvements, unless the need for such replacement or repair is caused by the act or neglect of Tenant.

Maintenance and Repair Expenses. Tenant covenants and agrees to maintain, repair, replace and keep the Premises and all improvements, fixtures and personal property thereon in good, safe and sanitary condition, order and repair and in accordance with all applicable laws, ordinances, orders, rules and regulations (including, without limitation, the Americans with Disabilities Act “"ADA”") of governmental authorities having jurisdiction, now existing or hereafter enacted; to pay all costs and expenses in connection therewith; and to contract for the same in Tenant’s 's own name; and to pay to Landlord, pursuant to the provisions hereinabove for Monthly Deposits, Tenant’s 's Proportionate Share of any such costs and expenses incurred by Landlord relating to Common Facilities or which are not separately allocated to premises in the Building leased or held for lease to tenants. Such costs and expenses as to Common Facilities may include the costs and expenses of maintenance and upkeep of grass, trees, shrubs and landscaping, including replanting where necessary; keeping parking areas, landscaped areas, sidewalks and parking areas driveways safe and secure (with guards or watchmen where Landlord deems necessary) and free from litter, dirt, debris, snow, and obstructions; and ordinary maintenance and repair of the Property and ImprovementsImprovements INCLUDING REPLACEMENT OF EXTERIOR GLASS (WHICH SHALL BE THE RESPONSIBILITY OF LANDLORD). All maintenance and repairs by Tenant shall be done promptly, in a good and workmanlike fashion, and without diminishing the original quality of the Premises or the Property. Landlord shall be responsible for and shall bear the costs and expenses of replacement of, or extraordinary maintenance and repairs to, roofs, exterior walls, sidewalks, parking lot and structural elements of the Building and Improvements, unless the need for such replacement or repair is caused by the act or neglect of Tenant. LANDLORD SHALL ALSO BE RESPONSIBLE FOR ADA COMPLIANCE OF THE BUILDING AND COMMON AREAS, UNLESS THE NEED FOR SUCH COMPLIANCE IS CAUSED BY ANY RENOVATIONS OR CHANGES DONE BY TENANT.

Maintenance and Repair Expenses. Tenant covenants and agrees to maintain, repair, replace and keep the Demised Premises and all improvements, improvements fixtures and personal property thereon in good, safe and sanitary condition, order and repair and in accordance with all applicable laws, ordinances, orders, rules and regulations (including, without limitation, the Americans with Disabilities Act “ADA”) of or governmental authorities having jurisdiction, now existing or hereafter enacted; to pay all costs and expenses in connection therewith; , and to contract for the same in Tenant’s 's own name; and to pay to Landlord, as Additional Rent payable pursuant to the provisions hereinabove for Monthly Deposits, Tenant’s Proportionate 's Pro Rata Share of any such costs and expenses incurred by Landlord relating to Common Facilities or which are not separately allocated to premises Premises in the Building Building(s) leased or held for lease to tenants. Such costs and expenses as to Common Facilities may include the costs and expenses of maintenance and upkeep of grass, trees, shrubs and landscaping, including replanting where necessary; keeping parking areas, landscaped areas, sidewalks and parking areas secure (with guards or watchmen where Landlord deems necessary) and driveways free from litter, dirt, debris, snow, debris and obstructions, maintenance, repair and replacement of roofs and Parking Area; and ordinary and necessary maintenance and repair of the Property and Improvements. All maintenance and repairs by Tenant shall be done promptly, in a good and workmanlike fashion, and without diminishing the original quality of the Demised Premises or the Property. Landlord shall be responsible for and shall bear the costs and expenses of replacement of, or extraordinary maintenance and repairs to, roofs, exterior walls, sidewalks, parking lot walls and structural elements of the Building Building(s) and other Improvements, unless the need for such replacement or repair is caused by the act or neglect of Tenant, in which case Tenant shall be responsible for and shall bear the costs and expenses of same. TENANT IS RESPONSIBLE FOR ALL REPAIR AND REPLACEMENT IF NECESSARY OF THE HVAC SYSTEM. IN THE EVENT THE CUMULATIVE COST OF SUCH REPAIR OR REPLACEMENT COST EXCEEDS $2,000.00 DURING THE INITIAL LEASE TERM, LANDLORD WILL PAY THE COST IN EXCESS OF $2,000.00. TENANT SHALL GET APPROVAL FROM LANDLORD PRIOR TO INCURRING ANY SUCH EXPENSE.

Maintenance and Repair Expenses. Tenant covenants and agrees to maintain, repair, replace and keep the Premises and all improvements, fixtures and personal property thereon in good, safe and sanitary condition, order and repair and in accordance with all applicable laws, ordinances, orders, rules and regulations (including, without limitation, the Americans with Disabilities Act “"ADA”") of governmental authorities having jurisdiction, now existing or hereafter enacted; to pay all costs and expenses in connection therewith; and to contract for the same in Tenant’s 's own name; and to pay to Landlord, pursuant to the provisions hereinabove for Monthly Deposits, Tenant’s 's Proportionate Share of any such costs and expenses incurred by Landlord relating to Common Facilities or which are not separately allocated to premises in the Building leased or held for lease to tenants. Such costs and expenses as to Common Facilities may include the costs and expenses of maintenance and upkeep of grass, trees, shrubs and landscaping, including replanting where necessary; keeping parking areas, landscaped areas, sidewalks and parking areas driveways safe and secure (with guards or watchmen where Landlord deems necessary) and free from litter, dirt, debris, snow, and obstructions; and ordinary maintenance and repair of the Property and Improvements. All maintenance and repairs by Tenant shall be done promptly, in a good and workmanlike fashion, and without diminishing the original quality of the Premises or the Property. Landlord shall be responsible for and shall bear the costs and expenses of replacement of, or extraordinary maintenance and repairs to, roofs, exterior walls, sidewalksincluding the exterior component parts thereof, parking lot the Parking Areas (except that Tenant shall be responsible for any damage to the Parking Areas caused by Tenant or Tenant's guests', invitees', or contractors' overloading or misuse of such Parking Areas), and structural elements of the Building and Improvements. Landlord shall further be responsible for and shall bear costs and expenses for the repair or replacement of all HVAC systems serving the Premises in the amounts in excess of $5,000.00 per occurrence per year, or $10,000.00 per Lease Year in the aggregate, during the term of this Lease, unless the need for such replacement or repair is caused by the act or neglect of Tenant.

Maintenance and Repair Expenses. Upon substantial completion of the Tenant Improvements described on Exhibit D, Landlord shall deliver the Premises to Tenant in a condition that is in compliance with the Americans with Disabilities Act and all other applicable governmental regulation. Tenant covenants and agrees to thereafter maintain, repair, replace and keep the Premises and all improvements, fixtures and personal property thereon in good, safe and sanitary condition, order and repair and in accordance with all applicable laws, ordinances, orders, rules and regulations (including, without limitation, the Americans with Disabilities Act “"ADA”") of governmental authorities having jurisdiction, now existing or hereafter enacted; to pay all costs and expenses in connection therewith; and to contract for the same in Tenant’s 's own name; and to pay to Landlord, pursuant to the provisions hereinabove for Monthly Deposits, Tenant’s 's Proportionate Share of any such costs and expenses incurred by Landlord relating to Common Facilities the Property and Park or which are not separately allocated to premises in the Building leased or held for lease to tenants. Such costs and expenses as to Common Facilities the Property and Park may include include, without limitation, the costs and expenses of maintenance and upkeep of grass, trees, shrubs and landscaping, including replanting where necessary; keeping parking areas, landscaped areas, sidewalks and parking areas driveways safe and secure (with guards or watchmen where Landlord deems necessary) and free from litter, dirt, debris, snow, and obstructions; and ordinary maintenance and repair of the Property and ImprovementsPark. All maintenance and repairs by Tenant shall be done promptly, in a good and workmanlike fashion, and without diminishing the original quality of the Premises or the Property. Tenant’s obligations hereunder include the responsibility to repair and maintain at its own expense the HVAC equipment and system serving the Premises. Tenant, at its sole cost and expense, shall obtain its own service contract for the HVAC equipment and systems servicing the Premises with a vendor approved by Landlord with such service contract specifically including regular maintenance in accordance with the HVAC manufacturer’s specifications on at least a quarterly basis, with a copy of each maintenance report to be provided to Landlord. Notwithstanding anything contained herein to the contrary, if and to the extent that HVAC equipment and systems servicing the Premises require major repairs or replacement due to ordinary wear and tear and the cost of such major repair or replacement exceeds Five Hundred and No/100 Dollars ($500.00) per unit in any calendar year during the Term of this Lease (the “Tenant’s Repair Limit”) then Landlord, at Landlord’s option, shall either pay for or reimburse Tenant the reasonable and actual cost in excess of Tenant’s Repair Limit for such repair or replacement, provided that (i) the cost of the aforementioned HVAC maintenance contract shall not be included in Tenant’s Repair Limit, (ii) Landlord shall in no way be responsible for any costs associated with any supplemental HVAC units installed by Tenant pursuant to this Section 7.3, (iii) prior to any repair or replacement, Tenant first submits to Landlord a written quotation from a Landlord approved vendor for the repair or replacement, (iv) Tenant shall be solely responsible for the cost of any repair or replacement up to the amount of Tenant’s Repair Limit, (v) the repair or replacement was in no part necessary due to the act or negligence of Tenant, its employees, officers, agents, contractors or invitees, (vi) Tenant’s service contract for the HVAC equipment and systems as required by this Section 7.3 is in full force and effect, and (vii) Landlord, at its sole discretion, makes the determination whether to repair or replace. Landlord shall be responsible for and shall bear the costs and expenses of replacement of, or extraordinary maintenance and repairs to, roofs, exterior walls, sidewalks, parking lot and structural elements of the Building and Improvements, capital improvements, and costs incurred to bring the Building into compliance with building code and applicable governmental regulations (collectively, the “Landlord Building Costs”) unless the need for such replacement or repair is caused by the act or neglect of Tenant, it’s agents, servants, employees, invitees or an damage caused by breaking and entering, in which case said Tenant shall pay to Landlord the actual cost of such maintenance and repair. The Landlord Building Costs shall be paid by Landlord and shall not be included in the Additional Rent, except to the extent that the work resulting in the Landlord Building Costs results in reductions in operating expenses. Tenant shall have the right to install supplemental air conditioning units in the Premises with the cost of purchase, engineering, installation, operation and maintenance (including but not limited to cost of electricity to operate such unit) of the units to be paid solely by Tenant, provided that (i) Landlord shall determine the location of such supplemental unit(s), and (ii) any such units, without payment of consideration to Tenant, shall become the property of Landlord upon the expiration or earlier termination of this Lease, provided further, that Landlord may require Tenant to remove such supplemental air conditioning units upon the expiration or earlier termination of this Lease, in which event Tenant shall, at its sole cost and expense, remove such units and repair any damage resulting from such removal.

Maintenance and Repair Expenses. Tenant covenants and agrees to maintain, repair, replace and keep the Premises and all improvements, fixtures and personal property thereon in good, safe and sanitary condition, order and repair and in accordance with all applicable laws, ordinances, orders, rules and regulations (including, without limitation, the Americans with Disabilities Act “"ADA”") of governmental authorities having jurisdiction, now existing or hereafter enacted; to pay all costs and expenses in connection therewith; and to contract for the same in Tenant’s 's own name; and to pay to Landlord, pursuant to the provisions hereinabove for Monthly Deposits, Tenant’s 's Proportionate Share of any such costs and expenses incurred by Landlord relating to Common Facilities the Property and Park or which are not separately allocated to premises in the Building leased or held for lease to tenants. Such costs and expenses as to Common Facilities the Property and Park may include include, without limitation, the costs and expenses of maintenance and upkeep of grass, trees, shrubs and landscaping, including replanting where necessary; keeping parking areas, landscaped areas, sidewalks and parking areas driveways safe and secure (with guards or watchmen where Landlord deems necessary) and free from litter, dirt, debris, snow, and obstructions; and ordinary maintenance and repair of the Property and ImprovementsPark. All maintenance and repairs by Tenant or Landlord shall be done promptly, in a good and workmanlike fashion, and without diminishing the original quality of the Premises or the Property. Landlord Tenant shall be responsible for obligated to repair, maintain and replace at its own expense the heating, air conditioning and ventilation equipment and systems (the “HVAC Systems”) serving the Premises. In furtherance of Tenant’s maintenance and repair obligations hereunder, Tenant shall bear obtain upon occupancy and keep current and in force during the costs and expenses of replacement ofTerm, or extraordinary any extension, or renewal thereof, a contract, in a form and with a dealer-authorized contractor reasonably acceptable to Landlord, providing for the service and maintenance and repairs to, roofs, exterior walls, sidewalks, parking lot and structural elements of the Building HVAC Systems serving the Premises. The contract shall at a minimum provide for an inspection, necessary repairs, filter, and Improvementslubrication services each calendar quarter and tune-up service each spring and fall season. Said contract shall provide that it shall not be canceled by either Tenant or contractor except upon thirty (30) days' prior-written notice to Landlord. A copy of the contract shall be delivered to Landlord upon the commencement of the Term, unless the need for such as shall any modification, extension, renewal, cancellation, or replacement or repair is caused by the act or neglect of Tenantwithin ten (10) days thereof.