Common use of Maintenance and Repair of Premises Clause in Contracts

Maintenance and Repair of Premises. 5.1 Landlord shall be responsible for repairs to the Premises as provided in Section 3.3 of this Lease. 5.2 Except for Landlord’s obligations set forth in Section 3.3 of the Lease, Tenant shall keep the Premises in good, clean, habitable condition, subject to reasonable wear and tear and damage by casualty and condemnation. Without limiting the coverage of the previous sentence, it is understood that Tenant’s responsibilities include any damage to the extent caused by Tenant or Tenant’s Affiliates (hereinafter defined), partners, licensees, sublicensees, sublessees, invitees or agents, or any of their respective officers, directors, employees, contractors, agents or assigns (the “Tenant Parties”), wherever located, necessitating any repair and replacement of, in, or to the Premises. If any maintenance, repairs or replacements required to be made by Tenant hereunder or otherwise in this Lease are not initiated within thirty (30) days after written notice delivered to Tenant by Landlord, Landlord may at its option make such repairs without liability to Tenant for any loss or damage which may result by reason of such repairs, and Tenant shall pay to Landlord all costs incurred by Landlord in connection therewith within thirty (30) days of demand as Additional Rent hereunder. Tenant, at its sole cost and expense, shall keep the Premises free of insects, rodents, vermin and other pests and shall pay any reasonable cost incurred by Landlord as a result of a pest infestation in the Premises, which amount shall be Additional Rent. At the expiration of the Lease, Tenant shall surrender the Premises in good condition, excepting reasonable wear and tear, the maintenance obligations of Landlord under Section 3.3, and loss to be restored by Landlord in accordance with Article 11.

Maintenance and Repair of Premises. 5.1 7.1 Landlord shall keep the foundation, the exterior walls (except store fronts, plate glass windows, doors, door closure devices, window and door frames, molding, locks and hardware and painting or other treatment of interior and exterior walls) and roof of the Premises in good repair, except that Landlord shall not be required to make any repairs occasioned by the act or negligence of Tenant, its agents, employees, subtenants, licensees or concessionaires, which repairs shall be made by Tenant at Tenant's sole cost and expense. 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 failure to make any such repairs until a reasonable time shall have elapsed after delivery of such written notice. Landlord shall have no obligation to repair or maintain the Premises except as provided specified in this Section 3.3 7.1, and Landlord shall have no liability for any damages or injury arising out of this Leaseany condition or occurrence causing a need for such repairs. 5.2 Except for Landlord’s obligations set forth in Section 3.3 of the Lease7.2 Tenant shall furnish, maintain and replace all electric light bulbs, tubes and tube casings. 7.3 Tenant shall keep the Premises in good, cleanclean condition and shall, habitable conditionat its sole cost and expense, subject make all repairs and replacements (including replacement of cracked or broken glass) necessary to reasonable wear maintain the Premises in a condition commensurate with a first class retail shopping center in Bexar County, Texas, except for repairs and tear replacements required to be made by Landlord under the provisions of Section 7.1 and damage by casualty Article 14. Tenant shall take all precautions necessary to keep all plumbing units, pipes and condemnation. Without limiting the coverage of the previous sentence, it is understood that Tenant’s responsibilities include any damage to the extent caused by Tenant or Tenant’s Affiliates (hereinafter defined), partners, licensees, sublicensees, sublessees, invitees or agents, or any of their respective officers, directors, employees, contractors, agents or assigns (the “Tenant Parties”), wherever located, necessitating any repair connections free from obstruction and replacement of, in, or to the Premisesprotected against ice and freezing. If any maintenance, repairs or replacements required to be made by Tenant hereunder or otherwise in this Lease are not initiated made within thirty ten (3010) days after written notice delivered to Tenant by Landlord, Landlord may may, at its option option, make such repairs without liability to Tenant for any loss or damage which may result to its stock or business by reason of such repairs, and Tenant shall pay to Landlord all costs incurred by Landlord in connection therewith within thirty five (305) days of after demand as Additional Rent hereunder. Tenant, at its sole additional rental hereunder the cost and expense, shall keep of such repairs plus ten percent (10%) of the Premises free of insects, rodents, vermin and other pests and shall pay any reasonable cost incurred by Landlord as a result of a pest infestation in the Premises, which amount shall be Additional Rentthereof. At the expiration or other termination of the Leasethis lease, Tenant shall surrender the Premises in good condition, excepting reasonable wear and teartear and loss by fire or other casualty excepted and shall surrender all keys for the Premises to Landlord and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the maintenance obligations Premises. 7.4 Maintenance of the air conditioning and heating equipment provided Tenant shall be Tenant's sole responsibility throughout the entire term of this lease. Landlord under Section 3.3will ensure air conditioning and heating equipment are operational upon occupancy, and loss to be restored by Landlord in accordance with Article 11warranty air conditioning and heating equipment for ninety (90) days, thereafter.

Maintenance and Repair of Premises. 5.1 6.1 Except as expressly provided herein, the Tenant agrees that it is taking the Leased Premises in an "as is" condition and that the Landlord shall be responsible for repairs to has made no representations or warranties concerning the Premises as provided in Section 3.3 Leased Premises. 6.2 Throughout the term of this Lease. 5.2 Except for Landlord’s obligations set forth in Section 3.3 of , the Lease, Tenant shall keep the Premises in good, clean, habitable condition, subject to reasonable wear and tear and damage by casualty and condemnation. Without limiting the coverage of the previous sentence, it is understood that Tenant’s responsibilities include any damage to the extent caused by Tenant or Tenant’s Affiliates (hereinafter defined), partners, licensees, sublicensees, sublessees, invitees or agents, or any of their respective officers, directors, employees, contractors, agents or assigns (the “Tenant Parties”), wherever located, necessitating any repair and replacement of, in, or to the Premises. If any maintenance, repairs or replacements required to be made by Tenant hereunder or otherwise in this Lease are not initiated within thirty (30) days after written notice delivered to Tenant by Landlord, Landlord may at its option make such repairs without liability to Tenant for any loss or damage which may result by reason of such repairs, and Tenant shall pay to Landlord all costs incurred by Landlord in connection therewith within thirty (30) days of demand as Additional Rent hereunder. Tenantshall, at its sole cost and expense, take good care of and make all necessary repairs and replacements to the Leased Premises and appurtenances thereto, except those repairs and replacements which are specifically set forth in Subsection 6.3 hereof as being obligations of Landlord, and at the expiration of the term of this Lease, return the Leased Premises to the Landlord in the same condition as the Leased Premises were in as of the date hereof, except for (i) those repairs and replacements which are Landlord's obligations as set forth in Subsection 6.3 hereof, (ii) normal wear and tear and (iii) damage to the Leased Premises attributable to any fire or other casualty covered under Section 12, below. Notwithstanding part (iii) above, however, subject to Section 8.4, below, the Tenant shall be required to make any repairs to the Leased Premises to the extent that (a) the fire or other casualty is attributable to the willful misconduct of the Tenant or (b) insurance proceeds to make such repairs would have been available but for the Tenant's failure to maintain the types) of insurance which the Tenant is required to maintain pursuant to Section 8.2, below. The Tenant shall, at its own cost and expense, keep the Premises Leased Premises, abutting sidewalks and parking areas, if any, free and clear from all rubbish, dirt, ice, snow, goods or other obstacles; further, the Tenant shall be responsible for all costs associated with landscaping, both indoor and outdoor, including the replacement and replanting of insectsflowers, rodentsgrass and bushes, vermin and the maintenance (other pests than any repairs and/or replacements which Landlord is required to make under Section 6.3, below) thereof, janitorial, painting, window cleaning, removal of rubbish and shall pay general cleaning services, security services and all other services related to the operation and maintenance (other than any reasonable cost incurred by repairs and/or replacements which Landlord is required to make under Section 6.3, below) of the buildings on the Leased Premises, both interior and exterior, including materials, supplies and the rental costs of equipment and tools related to any of the foregoing, or contracts with independent third parties to provide such services or supplies. 6.3 Except for repairs and replacements necessitated as a result of a pest infestation the negligence of Tenant or the failure of Tenant to perform its obligations under Section 6.2, above of Tenant, its employees, agents, licensees or invitees, the Landlord shall, throughout the term of this Lease, at the Landlord's sole cost and expense, keep in good condition and repair the foundations, exterior walls, structural condition of all load bearing walls and the roof of the building (the "Building") in which the Leased Premises are located. In addition, Landlord shall, at Landlord's sole cost and expense, make any major repairs to all of the Building's systems (including, without limitation, the plumbing, electrical, lighting, heating, ventilation and air conditioning and fire detection (including sprinkler) systems) which may be required during the term of this Lease and/or replace such systems; provided that Landlord shall not be required to make any repairs to any of the Building's which are necessitated by the Tenant's failure to make repairs under Section 6.2, above. In the event that the Landlord fails to so take good care of and make all necessary repairs and replacements to said components of the building(s) on the Leased Premises, then the Tenant, at its option, may do so upon ten (10) days written notice to the Landlord; provided, however, that in the Premisesevent that the Leased Premises are rendered unusable as a result of such a failure by Landlord, which amount Tenant may make such repairs upon twenty-four (24) hours' prior written notice delivered to the Landlord by facsimile. The Landlord shall be Additional Rent. At either pay or reimburse the expiration Tenant for the cost and expense of so taking good care of and repairing or replacing said components of the Lease, Tenant shall surrender building(s) on the Leased Premises in good condition, excepting reasonable wear within five (5) days of receipt by the Landlord of the bill xxx such cost and tear, the maintenance obligations of Landlord under Section 3.3, and loss to be restored by Landlord in accordance with Article 11expense.

Maintenance and Repair of Premises. 5.1 6.1 Landlord shall maintain only the foundation, the exterior walls (except store front, windows, plate glass, doors, door closure devices, window and door frames, moldings, locks, hardware and painting and other treatment of interior and exterior walls) and roof (subject to Section 4.2) of the Premises in good repair; provided, however, that any repairs occasioned by the act, omission or negligence of Tenant or its Permitees and to the extent not otherwise covered by Landlord’s insurance hereunder shall be performed at Tenant’s cost and expense, it being expressly agreed that roof repairs or maintenance work on Tenant’s heating, ventilating and air conditioning equipment necessitated by any damage or injury arising out of, or as a result of Xxxxxx’s acts or omissions, shall be the sole obligation of Tenant. In the event that the Premises should become in need of repairs required to be made by Landlord hereunder, Tenant shall give 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 (not to exceed 30 days) shall have elapsed after delivery of such written notice. 6.2 Tenant shall maintain the Premises, and all portions thereof, neat, clean, and in good order and condition and shall make all needed repairs thereto, including, without limitation, maintenance of all doors and doorways, all direct utility connections and replacement of cracked or broken glass, except only for repairs required to be made by Landlord under the provisions of Section 6.1. Tenant shall comply at its sole cost and expense with all governmental laws, ordinances and regulations applicable to the Premises, except that Tenant shall not be obligated to make any structural changes or alterations to the Premises as provided in Section 3.3 order to comply therewith unless made necessary by the acts or omissions of this Lease. 5.2 Except for Landlord’s obligations set forth Tenant, in Section 3.3 of the Lease, which event Tenant shall keep the Premises comply at its expense in good, clean, habitable condition, subject to reasonable wear accordance with plans and tear and damage specifications approved by casualty and condemnation. Without limiting the coverage of the previous sentence, it is understood that Tenant’s responsibilities include any damage to the extent caused by Tenant or Tenant’s Affiliates (hereinafter defined), partners, licensees, sublicensees, sublessees, invitees or agents, or any of their respective officers, directors, employees, contractors, agents or assigns (the “Tenant Parties”), wherever located, necessitating any repair and replacement of, in, or to the PremisesLandlord. If any maintenance, repairs or replacements required to be made by Tenant hereunder or otherwise in this Lease are not initiated made within thirty (30) 30 days after written notice has been delivered to Tenant by LandlordLandlord (or, if such repairs are not reasonably capable of being completed within 30 days, such additional time as may be reasonably necessary for Tenant to complete such repairs, so long as Tenant commences such repairs within 30 days and thereafter diligently prosecutes such repairs), Landlord may at its option option, in addition to its other remedies hereunder, make such repairs without liability to Tenant for any loss or damage which may result to Tenant’s stock or business by reason of such repairs, and . Tenant shall pay to Landlord upon demand the cost of such repairs plus 10% of such cost (to cover Landlord’s overhead and administrative costs with respect thereto). 6.3 Without limitation of Section 6.2, Tenant shall have sole responsibility for maintenance and upkeep of the heating, ventilating and air conditioning system which exclusively serves the Premises, the sprinkler system (if any) which exclusively serves the Premises, that portion of the sewer system which exclusively serves the Premises (unless damage to the Center’s sewer system is caused by Tenant’s use or misuse, in which event Tenant shall be responsible for the repair of all costs incurred by Landlord in connection therewith within thirty (30damage caused thereby) days and that portion of demand as Additional Rent hereunder. the water and electrical facilities downstream of Tenant’s meters but including Tenant’s water and electrical meters and Tenant shall, at its Tenant’s sole cost and expense, shall repair and replace all or any part thereof as may be necessary from time to time to keep such items in good working condition at all times. 6.4 Any work at the Premises free causing venting, opening, sealing, or waterproofing of insectsthe roof of the building in which the Premises are located (“Roof Modifications”) shall be performed at Tenant’s expense either, rodentsat Landlord’s election, vermin and other pests and by (a) Landlord, or (b) Tenant, who shall pay any reasonable cost incurred contract directly with the roofing contractor designated by Landlord as (“Roof Contractor”). In the event any such Roof Modifications are made during the Term hereof pursuant to (b) above, Tenant shall provide Landlord with a result of a pest infestation certificate from the Roof Contractor certifying that the Roof Modifications (i) were made by the Roof Contractor in accordance with the original plans and specifications for the Center and (ii) have not in any way diminished or impaired the Roof Contractor’s warranty to Landlord, if any. Tenant shall indemnify and hold harmless Landlord from any personal injury or damage to the Premises, which amount shall be Additional Rent. At the expiration of the LeaseCenter or personal property resulting, Tenant shall surrender the Premises in good conditiondirectly or indirectly, excepting reasonable wear and tear, the maintenance obligations of Landlord under Section 3.3, and loss from any Roof Modifications made pursuant to be restored by Landlord in accordance with Article 11(b) above.

Maintenance and Repair of Premises. 5.1 7.1 Landlord shall have no responsibility to maintain or repair any area of the Demised Premises. All maintenance and repairs are the Tenant's sole responsibility. In addition Landlord shall not be responsible for required to make any repairs to occasioned by the Premises as provided in Section 3.3 act or negligence of this LeaseTenant, its agents, employees, subtenants, licensees and concessionaires. 5.2 Except for Landlord’s obligations set forth in Section 3.3 of the Lease7.2 Tenant shall furnish, maintain and replace all electric light bulbs, tubes and tube casings that are connected to its electrical service. 7.3 Tenant shall keep the Demised Premises in good, cleanclean condition and shall, habitable conditionat its sole cost and expense, subject make all needed repairs and replacements, including replacement of cracked or broken glass, except for repairs and replacements required to reasonable wear be made by Landlord under the provisions of Article XIV and tear shall keep all plumbing units, pipes and damage by casualty connections free from obstruction and condemnation. Without limiting the coverage of the previous sentence, it is understood that Tenant’s responsibilities include any damage to the extent caused by Tenant or Tenant’s Affiliates (hereinafter defined), partners, licensees, sublicensees, sublessees, invitees or agents, or any of their respective officers, directors, employees, contractors, agents or assigns (the “Tenant Parties”), wherever located, necessitating any repair protected against ice and replacement of, in, or to the Premisesfreezing. If any maintenance, repairs or replacements required to be made by Tenant hereunder or otherwise in this Lease are not initiated made within thirty ten (3010) days after written notice delivered to Tenant by Landlord, Landlord may at its option make such repairs without liability to Tenant for any loss or damage which may result to its stock or business by reason of such repairs, and Tenant shall pay to Landlord all costs incurred by Landlord in connection therewith within thirty (30) days of immediately upon demand as Additional Rent additional rental hereunder the cost of such repairs plus fifteen percent (15%) of the amount thereof and failure to do so shall constitute an event of default hereunder. Tenant, at its sole cost and expense, shall keep the Premises free of insects, rodents, vermin and other pests and shall pay any reasonable cost incurred by Landlord as a result of a pest infestation in the Premises, which amount shall be Additional Rent. At the expiration of the this Lease, Tenant shall surrender the Demised Premises in good condition, excepting reasonable wear and teartear and loss by fire or other casualty excepted and shall surrender all keys for the Demised Premises to Landlord and shall inform Landlord of all combination on locks, safes and vaults, if any, in the Demised Premises. 7.4 Maintenance, repair and replacement, for any cause, of the air conditioning and heating equipment shall be Tenant's sole responsibility throughout the entire term of this Lease. Tenant shall contract with an air conditioning service company acceptable to Landlord to perform such maintenance on the air conditioning and heating equipment as reasonably advisable. At Landlord's option, to protect heating and air conditioning ("HVAC") equipment, Landlord may enter into a service contract covering Tenant's HVAC equipment, along with equipment of other Tenants in the Shopping Center, and periodic replacement of filters or other replaceable parts. If Landlord enters such a service contract, the maintenance obligations cost of Landlord under Section 3.3, such service will be included in Common Area Maintenance expense and loss to will be restored payable by Landlord Tenants in accordance with Article 11the Shopping Center.

Maintenance and Repair of Premises. 5.1 Tenant’s execution of this Lease is Tenant’s representation to Landlord that Tenant has examined and inspected the Premises, finds the Premises to be as represented by Landlord and satisfactory to Tenant’s Intended Use and constitutes Tenant’s acceptance “AS IS.” Landlord makes no representation or warranty as to the condition of the Premises. Tenant, at Tenant’s sole expense shall (i) maintain and keep the Premises in a clean and safe condition; (ii) maintain and repair any improvements or alterations to the Premises; (iii) provide landscaping and grounds maintenance; (iv) be responsible for all repairs whatsoever for damages to the Premises as provided in Section 3.3 of this Lease. 5.2 Except for Landlordcaused by, or arising from Tenant’s obligations set forth in Section 3.3 use of the LeasePremises or Tenant’s (or their employees’, agents’, contractors’ or invitees’) misconduct or negligence. Repairs or maintenance required under this Section shall be made within a reasonable time (depending on the nature of the repair or maintenance needed) after having received notice or having actual knowledge of the need for repair or maintenance. After a reasonable time, if Tenant fails to perform any Tenant maintenance and repair obligation hereunder, Landlord, may (but shall not be required) after five (5) days’ written notice to Tenant, perform Tenant’s maintenance and repair obligation hereunder. In such event, Tenant promptly shall pay Landlord all costs in connection therewith upon receipt of an itemized xxxx or similar statement of costs from Landlord. Tenant shall keep the Premises in gooda clean and safe condition and shall not cause, cleanpermit or allow any unsanitary or unsafe condition thereon. Tenant shall dispose of all garbage, habitable conditionrefuse or other waste in a clean and safe manner and shall comply with all applicable laws, subject to reasonable wear rules and tear ordinances concerning disposal and damage by casualty and condemnation. Without limiting the coverage of the previous sentence, it is understood that Tenant’s responsibilities include any damage to the extent caused by Tenant or Tenant’s Affiliates (hereinafter defined), partners, licensees, sublicensees, sublessees, invitees or agents, or any of their respective officers, directors, employees, contractors, agents or assigns (the “Tenant Parties”), wherever located, necessitating any repair and replacement of, in, or to the Premises. If any maintenance, repairs or replacements required to be made by Tenant hereunder or otherwise in this Lease are not initiated within thirty (30) days after written notice delivered to Tenant by Landlord, Landlord may at its option make such repairs without liability to Tenant for any loss or damage which may result by reason collection of such repairs, and Tenant shall pay to Landlord all costs incurred by Landlord in connection therewith within thirty (30) days of demand as Additional Rent hereunder. Tenant, at its sole cost and expense, shall keep the Premises free of insects, rodents, vermin and other pests and shall pay any reasonable cost incurred by Landlord as a result of a pest infestation in the Premises, which amount shall be Additional Rent. At the expiration of the Lease, Tenant shall surrender the Premises in good condition, excepting reasonable wear and tear, the maintenance obligations of Landlord under Section 3.3, and loss to be restored by Landlord in accordance with Article 11waste.

Maintenance and Repair of Premises. 5.1 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, Maintenance and Repair Responsibilities, to this Agreement, which Exhibit is attached hereto and incorporated herein by reference. Landlord shall 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 term of this Lease including, but not limited to, those areas, items and matters identified under the “Tenant” column set forth in the attached Exhibit E to this Agreement. Tenant shall be responsible for repairs any alterations, additions or improvements made by Tenant to the Premises and/or any improvements thereon or therein. Tenant shall, throughout the term hereof, be responsible for all consumable supplies and repair of plumbing and water damage caused as provided in Section 3.3 a result of Tenant’s failure to reasonably protect water pipes from freezing temperatures or misuse by Tenant or by Tenant’s owners, employees, agents, contractors, guests or invitees. Tenant shall be responsible for keeping the Premises free from waste and nuisance and shall, upon the expiration of the Lease Term, or any earlier termination of this Lease. 5.2 Except for Landlord’s obligations set forth in Section 3.3 Lease or any repossession of the LeasePremises by Landlord, Tenant shall keep deliver the Premises clean and free of trash and in good condition and repair, with all fixtures and equipment situated in or upon the Premises in goodthe same condition as same existed on the Commencement Date, clean, habitable condition, subject to with reasonable wear and tear and damage by casualty and condemnationexcepted. Without limiting the coverage of the previous sentence, it is understood that Tenant’s responsibilities include any damage Notwithstanding anything in this Lease to the extent caused by contrary, Tenant or Tenant’s Affiliates (hereinafter defined)shall bear the risk of complying with the Americans With Disabilities Act of 1990, partners, licensees, sublicensees, sublessees, invitees or agents, any other federal or any of their respective officersstate laws governing handicapped access or architectural barriers, directorsand all rules, employeesregulations, contractorsand guidelines promulgated under such Laws, agents as amended from time to time, in or assigns (the “Tenant Parties”), wherever located, necessitating any repair and replacement of, in, or pertaining to the Premises. If any maintenance, repairs . C. In the event Tenant fails to so maintain or replacements required to be made by Tenant hereunder or otherwise in this Lease are not initiated within thirty (30) days after written notice delivered to Tenant by Landlord, Landlord may at its option make such repairs without liability to Tenant for any loss or damage which may result by reason of such repairs, and Tenant shall pay to Landlord all costs incurred by Landlord in connection therewith within thirty (30) days of demand as Additional Rent hereunder. Tenant, at its sole cost and expense, shall keep repair the Premises free and/or the improvements, fixtures, equipment and personal property comprising a part of insects, rodents, vermin and other pests and shall pay any reasonable cost incurred by Landlord as a result of a pest infestation in or located upon the Premises, which amount and/or otherwise fails to comply with any of the provisions of subparagraph B. or D. of this 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 reasonable costs therefor expended by Landlord plus interest thereon as provided in Paragraph 40 shall be Additional Rent. At paid by Tenant to Landlord on demand. D. If Tenant handles or stores flammable materials on the expiration of the LeasePremises, Tenant shall surrender agrees to maintain proper safeguards with respect thereto and to comply with all requirements of Landlord’s and Tenant’s insurance companies and/or governmental authorities with respect to the Premises in good conditionstorage, excepting reasonable wear use and tear, the maintenance obligations disposal of Landlord under Section 3.3such materials, and loss to be restored by Landlord in accordance with Article 11all applicable Laws.

Maintenance and Repair of Premises. 5.1 9.1 Landlord shall keep the foundation, the exterior walls, and the roof of the Premises in good repair, ordinary wear and tear excepted; Landlord shall not be responsible for repairs to the Premises as provided in Section 3.3 of this Lease. 5.2 Except for Landlord’s obligations set forth in Section 3.3 of the Lease, Tenant shall keep the Premises in good, clean, habitable condition, subject to reasonable wear and tear and damage by casualty and condemnation. Without limiting the coverage of the previous sentence, it is understood that Tenant’s responsibilities include any damage to the extent caused by Tenant maintaining or Tenant’s Affiliates (hereinafter defined), partners, licensees, sublicensees, sublessees, invitees or agents, or any of their respective officers, directors, employees, contractors, agents or assigns (the “Tenant Parties”), wherever located, necessitating any repair and replacement of, in, or to repairing the Premises, store fronts, plate glass windows, doors, door closure devices, window and door frames, moldings, locks and hardware, and painting or other treatment of interior and exterior walls. If any maintenance, Any repairs or replacements required to be made by Landlord that are occasioned by the act or negligence of Tenant, its agents, employees, invitees, subtenants, licensees and concessionaires shall be paid for by Tenant hereunder or otherwise in this Lease upon demand to the extent not covered by net insurance proceeds paid to Landlord therefor. If the premises need repairs that are Landlord's responsibility, Tenant shall notify Landlord; Landlord shall not initiated within thirty (30) days after written notice delivered be obligated to Tenant by Landlord, Landlord may at its option make any such repairs without liability to Tenant for any loss or damage which may result by reason until a reasonable time after delivery of such repairsnotice. 9.2 Tenant shall furnish, maintain and replace all electric light bulbs, tubes and tube casings in the Premises. 9.3 Tenant shall maintain the Premises in good condition and make all needed repairs and replacements, except for repairs and replacements expressly required to be made by Landlord under this Lease, and Tenant shall pay to Landlord all costs incurred by Landlord in connection therewith within thirty (30) days of demand as Additional Rent hereunder. Tenant, at its sole cost and expense, shall keep all plumbing pipes and connections located in or exclusively serving the Premises free of insects, rodents, vermin from obstruction and other pests protected against ice and shall pay any reasonable cost incurred by Landlord as a result of a pest infestation in the Premises, which amount shall be Additional Rentfreezing. At the expiration end of the LeaseTerm, Tenant shall surrender the Premises in good condition, excepting reasonable wear and teartear and loss by fire or other casualty excepted; surrender all keys for the Premises to Landlord; and inform Landlord of all combinations on locks, safes and vaults in the maintenance obligations of Landlord under Section 3.3Premises. 9.4 Tenant shall repair and maintain in good condition and replace as necessary all air conditioning, heating and ventilating equipment solely serving the Premises, shall pay for all utility usage which is separately metered directly to the utility company providing such utility service, and loss to be restored shall enter into a preventive maintenance/service contract with a maintenance contractor reasonably approved by Landlord in accordance with Article 11for servicing such equipment. Within the thirty (30) day period preceding move out, Tenant shall have the systems and equipment checked and serviced to insure proper functioning and shall furnish Landlord satisfactory proof thereof upon request.