Common use of Maintenance and Repair of Premises Clause in Contracts

Maintenance and Repair of Premises. 8.1 Landlord, at its sole cost and expense, shall keep in good order, condition and repair the entire exterior of the building on the demised premises including the roof, foundation and exterior walls but excluding entrances, window(s) and store front glass and window moldings. 8.2 Tenant shall not abuse the demised premises and shall suffer no waste. Tenant, at its sole cost and expense, shall keep in good order, condition and repair (including replacement) the remainder of the demised premises, including (a) exterior entrances; (b) window(s) and store front glass and window moldings; (c) all floor coverings, ceilings, interior walls and doors; and (d) fixtures, equipment and appurtenances thereto, including lighting, heating, plumbing fixtures, escalators, elevators and air conditioning systems; and shall keep the demised premises in a neat and clean condition and free from rubbish. 8.3 Tenant shall not make any alterations, additions or improvements to the demised premises without the prior consent of Landlord, except for the work described in Exhibit "B" and the installation of unattached movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the premises. Upon Landlords request and upon the termination of this lease agreement or any extension thereof, any alterations made by tenant, approved or not approved by Landlord, shall be removed by tenant at tenants expense and any resulting damage to the demised premises shall be repaired and placed in its original condition, reasonable wear and tear excepted. 8.4 If there be any conflict between the provisions of the above Sections of this Article VIII and the provisions of Articles XII, XIII, XVI, XX, the provisions of said Articles XII, XIII, XVI, XX shall control.

Maintenance and Repair of Premises. 8.1 A. Landlord shall, throughout the term hereof, except as otherwise expressly provided in this Lease and so long as Tenant is not in default of this Agreement beyond any applicable cure period, be responsible for those areas, items and matters identified in the “Landlord” column as set forth in Exhibit E, at its sole cost Maintenance and expenseRepair Responsibilities, to this Agreement, which Exhibit is attached hereto and incorporated herein by reference. Landlord shall keep not be responsible for Tenant’s or any third party’s equipment, fixtures, or personal property comprising a part of or located upon the Premises. B. Except as provided by subparagraph A. of this Paragraph 10, Tenant shall, to the Landlord’s satisfaction, maintain the Premises in good order, condition and repair throughout the entire exterior term of this Lease including, but not limited to, those areas, items and matters identified under the building on “Tenant” column set forth in the demised premises including the roof, foundation and exterior walls but excluding entrances, window(s) and store front glass and window moldings. 8.2 attached Exhibit E to this Agreement. Tenant shall not abuse the demised premises and shall suffer no waste. Tenant, at its sole cost and expense, shall keep in good order, condition and repair (including replacement) the remainder of the demised premises, including (a) exterior entrances; (b) window(s) and store front glass and window moldings; (c) all floor coverings, ceilings, interior walls and doors; and (d) fixtures, equipment and appurtenances thereto, including lighting, heating, plumbing fixtures, escalators, elevators and air conditioning systems; and shall keep the demised premises in a neat and clean condition and free from rubbish. 8.3 Tenant shall not make be responsible for any alterations, additions or improvements made by Tenant to the demised premises without Premises and/or any improvements thereon or therein. Tenant shall, throughout the prior consent term hereof, be responsible for all consumable supplies and repair of Landlordplumbing and water damage caused as a result of Tenant’s failure to reasonably protect water pipes from freezing temperatures or misuse by Tenant or by Xxxxxx’s owners, except employees, agents, contractors, guests or invitees. Tenant shall be responsible for keeping the work described in Exhibit "B" Premises free from waste and the installation of unattached movable trade fixtures which may be installed without drillingnuisance and shall, cutting or otherwise defacing the premises. Upon Landlords request and upon the expiration of the Lease Term, or any earlier termination of this lease agreement Lease or any extension thereof, any alterations made by tenant, approved or not approved repossession of the Premises by Landlord, shall be removed by tenant at tenants expense deliver the Premises clean and any resulting damage to free of trash and in good condition and repair, with all fixtures and equipment situated in or upon the demised premises shall be repaired and placed Premises in its original conditionthe same condition as same existed on the Commencement Date, with reasonable wear and tear excepted. Notwithstanding anything in this Lease to the contrary, Tenant shall bear the risk of complying with the Americans With Disabilities Act of 1990, any other federal or any state laws governing handicapped access or architectural barriers, and all rules, regulations, and guidelines promulgated under such Laws, as amended from time to time, in or pertaining to the Premises. 8.4 If there be C. In the event Tenant fails to so maintain or repair the Premises and/or the improvements, fixtures, equipment and personal property comprising a part of or located upon the Premises, and/or otherwise fails to comply with any conflict between of the provisions of the above Sections subparagraph B. or D. of this Article VIII Paragraph or any other provision of this Lease requiring Tenant to maintain or repair the Premises or keep them in a particular condition, Landlord shall have the right (but not the obligation) to cause all such repairs or other maintenance or work to be made, and the provisions reasonable costs therefor expended by Landlord plus interest thereon as provided in Paragraph 40 shall be paid by Tenant to Landlord on demand. D. If Tenant handles or stores flammable materials on the Premises, Xxxxxx agrees to maintain proper safeguards with respect thereto and to comply with all requirements of Articles XIILandlord’s and Tenant’s insurance companies and/or governmental authorities with respect to the storage, XIIIuse and disposal of such materials, XVI, XX, the provisions of said Articles XII, XIII, XVI, XX shall controland with all applicable Laws.

Maintenance and Repair of Premises. 8.1 Landlord, at its sole cost and expense, shall keep in good order, condition and repair the entire exterior of the building on the demised premises including the roof, foundation and exterior walls but excluding entrances, window(s) and store front glass and window moldings. 8.2 Tenant shall not abuse the demised premises and shall suffer no waste. Tenant, at its sole cost and expense, shall keep in good order, condition and repair (including replacement) the remainder of the demised premises, including (a) exterior entrances; (b) window(s) and store front glass and window moldings; (c) all floor coverings, ceilings, interior walls and doors; and (d) fixtures, equipment and appurtenances thereto, including lighting, heating, plumbing fixtures, escalators, elevators and air conditioning systems; and shall keep the demised premises in a neat and clean condition and free from rubbish. 8.3 Tenant shall not make any alterations, additions or improvements to the demised premises without the prior consent of Landlord, except for the work described in Exhibit "B" and the installation of unattached movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the premises. Upon Landlords request and upon the termination of this lease agreement or any extension thereof, any alterations made by tenant, approved or not approved by Landlord, shall be removed by tenant at tenants expense and any resulting damage to the demised premises shall be repaired and placed in its original condition, reasonable wear and tear excepted.shall 8.4 If there be any conflict between the provisions of the above Sections of this Article VIII and the provisions of Articles XII, XIII, XVI, XX, the provisions of said Articles XII, XIII, XVI, XX shall control.

Maintenance and Repair of Premises. 8.1 Landlord shall keep the foundation and the exterior walls (except plate glass windows, doors, door closure devices and other exterior openings, window and door frames, ceiling, molding, locks and hardware, special store fronts, lighting, heating, air conditioning, plumbing and other electrical, mechanical and electromotive installation, equipment and fixtures; signs, placards, decorations or advertising media of any type; and interior painting or other treatment of exterior walls) and roof of the demised Premises in good repair. Landlord, however, shall not be required to make any repairs occasioned by the act or negligence of Tenant, its agents, employees, subtenants, licensees and concessionaires, and the provisions of the previous sentence are expressly recognized to be subject to the provisions of Article XV and XVI of this lease. In the event that the Demised Premises should become in need of repairs required to be made by landlord hereunder, Tenant shall give immediate written notice thereof to Landlord; and Landlord shall not be responsible in any way for failure to make any such repairs until a reasonable time shall have elapsed after receipt by landlord of such written notice. 8.2 Tenant shall keep the Demised Premises in good, clean and habitable condition and shall at its sole cost and expenseexpense keep the Demised Premises free of insets, shall keep in good orderrodents, condition vermin and repair other pests and make all needed repairs and replacements, including replacement of cracked or broken glass, except for repairs and replacements required to be made by Landlord under the entire exterior provisions of Section [8.1], Article [XV] and Article [XVI]. Without limiting the coverage of the building on previous sentence, it is understood that Tenant's responsibilities therein include the demised premises including the roof, foundation repair and exterior walls but excluding entrances, window(s) and store front glass and window moldings. 8.2 Tenant shall not abuse the demised premises and shall suffer no waste. Tenant, at its sole cost and expense, shall keep in good order, condition and repair (including replacement) the remainder replacement of the demised premises, including (a) exterior entrances; (b) window(s) and store front glass and window moldings; (c) all floor coverings, ceilings, interior walls and doors; and (d) fixtures, equipment and appurtenances thereto, including lighting, heating, air conditioning, plumbing fixturesand other electrical , escalatorsmechanical and electromotive installation, elevators equipment and air conditioning systems; fixtures and shall keep also include all utility repairs in ducts, conduits, pipes and wiring, and any sewer stoppage located in, under and above the demised premises in a neat and clean condition and free from rubbish. 8.3 Tenant shall not make Demised Premises. If any alterations, additions or improvements repairs required to the demised premises without the prior consent of Landlord, except for the work described in Exhibit "B" and the installation of unattached movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the premises. Upon Landlords request and upon the termination of this lease agreement or any extension thereof, any alterations made by tenant, approved or Tenant hereunder are not approved made within ten (10) days after written notice delivered to Tenant by Landlord, shall be removed by tenant Landlord may at tenants expense and its option make such repairs without liability to Tenant for any resulting loss or damage to the demised premises shall be repaired and placed which may result in its original stock or business by reason of such repairs; and Tenant shall pay to Landlord upon demand, as additional rent hereunder, the cost of such repairs plus interest at the maximum contractual rate which could legally be charged in the event of a loan of such payment to Tenant in the state where the Demised Premises are located (but in no event to exceed 1 1/2% per month), such interest to accrue continuously from the date of payment by Landlord until repayment by Tenant. At the expiration of this lease, Tenant shall surrender the Demised Premises in good condition, excepting reasonable wear and tear excepted. 8.4 If there and losses required to be any conflict between the provisions of the above Sections restored by Landlord in Section [8.1], Article [XV] and Article [XVI] of this Article VIII and the provisions of Articles XII, XIII, XVI, XX, the provisions of said Articles XII, XIII, XVI, XX shall controllease.

Maintenance and Repair of Premises. 8.1 7.1 Landlord, at its sole cost and expense, shall keep in good order, condition and repair the entire exterior of the building on the demised premises including the roof, foundation foundation, heating and air conditioning system(s) and exterior walls but excluding entrances, window(s) and store front glass and window moldings. 8.2 7.2 Tenant shall not abuse the demised premises and shall suffer no waste. Tenant, at its sole cost and expense, shall keep in good order, condition and repair (including replacement) the remainder of the demised premises, including (a) exterior entrances; (b) window(s) and store front glass and window moldings; (c) all floor coverings, ceilings, interior walls and doors; and (d) fixtures, equipment and appurtenances thereto, including lighting, heating, plumbing fixtures, escalators, elevators fixtures but excluding heating and air conditioning systems; and shall keep the demised premises in a neat and clean condition and free from rubbish. 8.3 7.3 Tenant shall not make any alterations, additions or improvements to the demised premises without the prior consent of Landlord, except for the work described in Exhibit "B" Landlord and the installation of unattached movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the premises. Upon Landlords request and upon the termination of this lease agreement or any extension thereof, any alterations made by tenant, approved or not approved by Landlord, shall be removed by tenant at tenants expense and any resulting damage to the demised premises shall be repaired and placed in its original condition, reasonable wear and tear excepted. 8.4 7.4 If there be any conflict between the provisions of the above Sections of this Article VIII VII and the provisions of Articles XII, XIIIXI, XVI, XXXIX, the provisions of said Articles XII, XIIIXI, XVI, XX XIX shall control.

Maintenance and Repair of Premises. 8.1 Landlord, at its sole cost and expense, shall keep in good order, condition and repair the entire exterior of the building on the demised premises including the roof, foundation foundation, and exterior walls but excluding entrances, window(s) and store front glass and window moldings. 8.2 Tenant shall not abuse the demised premises and shall suffer no waste. Tenant, at its sole cost and expense, shall keep in good order, condition and repair (including replacement) the remainder of the demised premises, including (a) exterior entrances; (b) window(s) and store front glass and window moldings; (c) all floor coverings, ceilings, interior walls and doors; and (d) fixtures, equipment and appurtenances thereto, including lighting, heating, plumbing fixtures, escalators, elevators and air conditioning systems; and shall keep the demised premises in a neat and clean condition and free from rubbish. 8.3 Tenant shall not make any alterations, additions or improvements to the demised premises without the prior consent of Landlord, except for the work described in Exhibit "B" and the installation of unattached movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the premises. Upon Landlords request and upon the termination of this lease agreement or any extension thereof, any alterations made by tenant, approved or not approved by Landlord, shall be removed by tenant at tenants expense and any resulting damage to the demised premises shall be repaired and placed in its original condition, reasonable wear and tear excepted. 8.4 If there be any conflict between the provisions of the above Sections of this Article VIII and the provisions of Articles XII, XIII, XVI, XX, the provisions of said Articles XII, XIII, XVI, XX shall control.

Maintenance and Repair of Premises. ALTERATIONS: LANDLORD’S RIGHT OF ACCESS 8.1 LandlordLandlord shall keep the foundation, the exterior walls (except plate glass), and roof of the Demised Premises in good repair, except that Landlord shall not be required to make any repairs occasioned by the act or negligence of Tenant, its employees, customers, subtenants, licensees and concessionaires. 8.2 Tenant shall keep the Demised Premises in good, clean condition and shall, at its sole cost and expense, make all needed repairs and replacements, including replacement of cracked or broken glass, and repairs, replacements and alterations required by any authority, except for repairs and replacements required to be made by Landlord under the provisions of Paragraph 8. 1. At the expiration of this Lease, Tenant shall keep surrender the Demised Premises in good ordercondition, condition reasonable wear and repair the entire exterior of the building on the demised premises including the rooftear and loss by fire, foundation and exterior walls but excluding entrances, window(s) and store front glass and window moldings. 8.2 Tenant shall not abuse the demised premises and shall suffer no waste. Tenant, at its sole cost and expense, shall keep in good order, condition and repair (including replacement) the remainder of the demised premises, including (a) exterior entrances; (b) window(s) and store front glass and window moldings; (c) all floor coverings, ceilings, interior walls and doors; and (d) fixtures, equipment and appurtenances thereto, including lighting, heating, plumbing fixtures, escalators, elevators and air conditioning systems; and shall keep the demised premises in a neat and clean condition and free from rubbishor other casualty covered by Landlord’s insurance only excepted. 8.3 Tenant shall not make any alterations, additions additions, or improvements to the demised premises Demised Premises without the prior written consent of Landlord, except for the work described in Exhibit "B" and the installation of unattached movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the premisesDemised Premises. Upon Landlords request All fixtures installed by Tenant shall be new or completely reconditioned. All alterations, additions, improvements and fixtures (other than unattached, movable trade fixtures) which may be made or installed by either party hereto upon the Demised Premises shall remain upon and be surrendered with Demised Premises and become the property of Landlord at the termination of this lease agreement or any extension thereofLease, any alterations made by tenant, approved or not approved by Landlord, unless Landlord requests their removal in which even Tenant shall be removed by tenant at tenants expense remove the same and any resulting damage restore the Demised Premises to the demised premises shall be repaired and placed in its original condition, reasonable wear and tear exceptedcondition at Tenant’s expense. 8.4 If there be Landlord shall have the right to enter upon the Demised Premises at any conflict between time for the provisions purpose of inspecting same, or of making repairs or additions to the above Sections Demised Premises, or of this Article VIII and making repairs, alterations, or additions to adjacent premises, or of showing the provisions of Articles XIIDemised Premises to prospective purchasers, XIIIlessees, XVI, XX, the provisions of said Articles XII, XIII, XVI, XX shall controlor lenders.

Maintenance and Repair of Premises. 8.1 7.1 Landlord, at its sole cost and expense, shall keep in good order, condition and repair the entire exterior of the building on the demised premises including the roof, foundation and exterior walls but excluding entrances, window(s) and store front glass and window moldings. 8.2 7.2 Tenant shall not abuse the demised premises and shall suffer no waste. Tenant, at its sole cost and expense, shall keep in good order, condition and repair (including replacement) the remainder of the demised premises, including (a) exterior entrances; (b) window(s) and store front glass and window moldings; (c) all floor coverings, ceilings, interior walls and doors; and (d) fixtures, equipment and appurtenances thereto, including lighting, heating, plumbing fixtures, escalators, elevators and air conditioning systems; and shall keep the demised premises in a neat and clean condition and free from rubbish.window 8.3 7.3 Tenant shall not make any alterations, additions or improvements to the demised premises without the prior consent of Landlord, except for the work described in Exhibit "B" and the installation of unattached movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the premises. Upon Landlords request and upon the termination of this lease agreement or any extension thereof, any alterations made by tenant, approved or not approved by Landlord, shall be removed by tenant at tenants expense and any resulting damage to the demised premises shall be repaired and placed in its original condition, reasonable wear and tear excepted. 8.4 7.4 If there be any conflict between the provisions of the above Sections of this Article VIII VII and the provisions of Articles XI, XII, XIIIXV, XVI, XXXIX, the provisions of said Articles XI, XII, XIIIXV, XVI, XX XIX shall control.

Maintenance and Repair of Premises. 8.1 9.1 Landlord shall keep the foundation, the exterior walls (except plate glass, windows, doors, door closure devices and other exterior openings, window and door frames, molding, special store fronts, lighting, plumbing and other electrical, mechanical and electrical installations, equipment and fixtures, signs, placards, decorations or other advertising media of any type, and interior painting or other treatment of exterior walls) and roof of the Premises in good repair. Landlord, however, shall not be required to make any repairs occasioned by the acts or negligence of Tenant, its agents, employees, Subtenants, licensees, customers or concessionaires, and the provisions of the previous sentence are expressly recognized to be subject to the provisions of Article XV and Article XVI of this Lease. In the event that the Premises should become in need of repairs required to be made by Landlord hereunder, Tenant shall give immediate written notice thereof to Landlord, and Landlord shall not be responsible in any way for its failure to make any such repairs until a reasonable time shall have elapsed after receipt by Landlord of such written notice. In the event that a situation arises because of a need for repair to any part of the Premises for which Landlord would otherwise be responsible that poses a threat of death or injury to any person thereon, Tenant may make the necessary repairs, but only to the extent necessary to avoid said death or injury, and after said repairs are made, Xxxxxx shall immediately notify Landlord of the situation, at which time Landlord shall complete said repairs and reimburse Tenant as necessary. 9.2 Tenant shall keep, and cause all Subtenants to keep, the Premises in good, clean and habitable condition and shall, at its sole cost and expense, shall keep in good orderthe Premises free of insects, condition rodents, vermin and repair the entire exterior of the building on the demised premises including the roof, foundation and exterior walls but excluding entrances, window(s) and store front glass and window moldings. 8.2 Tenant shall not abuse the demised premises and shall suffer no wasteother pests. Tenant, at its sole cost and expense, shall keep in good ordermake all necessary or desirable repairs and replacements to the Premises, condition including replacement of cracked or broken glass, except for repairs and repair (including replacement) replacements required to be made by Landlord under the remainder provisions of Section 9.1, Article XV and Article XVI. Without limiting the coverage of the demised premisesprevious sentence, including (a) exterior entrances; (b) window(s) it is understood that Tenant's responsibilities include the repair and store front glass replacement of all lighting, plumbing and window moldings; (c) all floor coverings, ceilings, interior walls other electrical and doors; and (d) fixturesmechanical installations, equipment and appurtenances theretofixtures and also include all repairs to ducts, including lightingconduits, heatingpipes and wiring, plumbing fixturesand any sewer stoppage located in, escalatorsunder or above the Premises, elevators as well as in, under or above any area outside the Premises if caused by the act, omission or negligence of Tenant, its agents, Subtenants, contractors, licensees, customers or concessionaires (with any such repairs and air conditioning systems; and shall keep replacements outside the demised premises Premises to be made by Landlord at Tenant's cost). If any repairs required to be made by Tenant hereunder are not made within ten days (or within a shorter period designated by Landlord in a neat and clean condition and free from rubbish. 8.3 notice to Tenant shall not make any alterationsif Landlord determines, additions in its sole discretion, that such shorter period is necessary or improvements desirable for reasons of safety, compliance with applicable laws or the benefit or convenience of other tenants or users of the Premises) after written notice delivered to the demised premises without the prior consent of Landlord, except for the work described in Exhibit "B" and the installation of unattached movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the premises. Upon Landlords request and upon the termination of this lease agreement or any extension thereof, any alterations made by tenant, approved or not approved Tenant by Landlord, shall be removed by tenant Landlord may, at tenants expense and its option, make such repairs without liability to Tenant or any resulting Subtenant for any loss or damage to the demised premises property or business of Tenant or any Subtenant by reason of such repairs. Tenant shall pay to Landlord, upon demand, as additional Rent hereunder, the cost of such repairs, together with interest at the maximum contractual rate which could legally be repaired and placed charged in its original the event of a loan of such payment to Tenant (but in no event to exceed 1 1/2% per month), such interest to accrue continuously from the date of payment by Landlord until repayment by Xxxxxx. At the expiration of this Lease, Xxxxxx shall surrender the Premises in good condition, reasonable wear and tear and losses required to be restored by Landlord pursuant to Section 9.1, Article XV and Article XVI of this Lease excepted. 8.4 If there 9.3 Landlord, at the expense of Tenant, covenants and agrees to employ a suitable contractor to perform routine maintenance on the air- conditioning system serving the Premises, including, but not limited to, timely (at least monthly) changing of filters, adjustment and inspection of air handling mechanism and control equipment, and inspection, maintenance and performance of necessary lubrication, testing and other such normal maintenance procedures. Tenant shall reimburse Landlord, upon demand, as additional Rent hereunder, for all costs and expenses incurred by Landlord in connection with such maintenance. Nothing contained in this Article shall be deemed to be a guarantee by the Landlord of the performance or responsibility of any conflict between contractor engaged by Landlord as herein provided, and Tenant hereby waives all claims for damages to persons or property sustained by Xxxxxx, any Subtenant or any person claiming by through or under Tenant or any Subtenant resulting from or in any way concerned with Landlord's employment of a contractor pursuant to the provisions of this Section 9.3. So long as Landlord causes the above Sections required maintenance procedure on such air-conditioning system to be performed, Tenant shall be responsible for the cost of replacing all duct work, motors and condenser coils within such system. Landlord shall have no responsibility for any replacement of the aforesaid air-conditioning system or any components thereto beyond that set forth in this Article VIII Section 9.3. Tenant shall have the right to inspect the air-conditioning system serving the Premises and any records of maintenance performed on such air-conditioning system at any time during the Lease Term. Should Tenant, in its reasonable discretion after written notice to Landlord and the provisions lapse of Articles XIIa reasonable period of time for Landlord to correct the then existing situation, XIIIdetermine that such servicing has been inadequate to protect the integrity of such air-conditioning system or that the requisite maintenance contract is not in full force and effect, XVITenant shall have the right, XXbut not the obligation, to perform such maintenance, or contract on behalf of Landlord for the provisions performance of said Articles XIIsuch maintenance, XIIIas Tenant shall, XVIin its reasonable judgment, XX deem appropriate, and Xxxxxxxx agrees to permit Tenant to offset against Rent owing hereunder, any and all reasonable costs incurred by Tenant with respect thereto. Tenant will be reasonable in the exercise of its rights under this Section and shall controlfirst afford Landlord written notice and a reasonable period of time to address the situation itself before Tenant exercises any right under this Section.