Common use of Maintenance and Repairs by the Tenant Clause in Contracts

Maintenance and Repairs by the Tenant. (a) Subject to section 9.2(b), the Tenant will at all times, at its expense, maintain the whole of the Premises including without limitation, all interior partitions, doors, electrical, lighting, wiring, plumbing fixtures and equipment and the heating, ventilating and air-conditioning systems and equipment within and exclusively serving the Premises in good order, first-class condition and repair, reasonable wear and tear only excepted. The Tenant will make all such repairs and replacements with due diligence and dispatch. (b) The Tenant's obligation to repair the Premises shall not include the following, all of which shall be made by the Landlord: (i) repairs to the Structure of the Building or repairs resulting from structural weaknesses or defects, improper materials or workmanship or faulty construction; (ii) repairs or maintenance which the Landlord is obligated to make pursuant to this Lease; (iii) repairs or replacements the cost of which would constitute a capital expenditure in accordance with generally accepted accounting principles; and (iv) repairs or replacements which are covered by warranties in favour of the Landlord from third parties. (c) If required by the Landlord or any governmental authority, the Tenant will, at its expense, remove from the Premises any Hazardous Substances for which it is responsible under this Lease. The foregoing obligation to remove such Hazardous Substances shall survive the expiration or earlier termination of the Term of this Lease. (d) Notwithstanding anything contained in this Lease, if any such repairs or replacements to the Premises or to any Leasehold Improvements installed by or on behalf of the Tenant in the Premises, affect the Structure of the Building, or any part of the electrical, mechanical, plumbing, heating, ventilating, air-conditioning, lighting or other base building systems of the Building, such work shall be performed only by the Landlord at the Tenant's sole cost and expense. Upon completion thereof, the Tenant shall pay to the Landlord, as Additional Rent within fifteen (15) days after demand, both the Landlord's reasonable costs relating to such repairs or replacements including the fees of any architectural and engineering consultants plus a sum equal to ten percent (10%) of the total cost thereof representing the Landlord's overhead and administrative costs. (e) The Tenant will leave the Premises in a reasonably neat and tidy condition at the end of each day in order that the Landlord's cleaning services can be performed. (f) The Tenant will advise the Landlord of any damage to or breakage of the glass in or forming part of the Premises (including outside windows and doors on or at the perimeter of the Premises) and the Landlord will complete all needed repairs and replacements to such glass with due diligence. The cost of completing such repairs and replacement shall payable by the Tenant as part of Operating Costs except in the event that the repairs or replacements to the glass are required as a result of the negligence or wilful acts or omissions of the Tenant or those for whom it is at law responsible, in which event the cost thereof shall be payable by the Tenant to the Landlord, as Additional Rent, within fifteen (15) days of invoice. (g) At the expiration or earlier termination of the Term, the Tenant will surrender the Premises to the Landlord in as good a condition as the Tenant is required to repair and maintain them throughout the Term. (h) Notwithstanding any other provisions of this Lease, other than section 8.7 to which this section 9.2(h) is subject, if the Building or any part thereof, or any equipment, machinery, facilities or Leasehold Improvements contained therein or made thereto, or the Structure thereof requires repair or replacement or becomes damaged or destroyed through the negligence, carelessness or misuse of the Tenant or those for whom it is in law responsible or by any Person having business with the Tenant or by the Tenant or those for whom it is in law responsible in any way stopping up or damaging the climate control, heating and air-conditioning apparatus, water pipes, drainage pipes or other equipment or facilities or parts of the Building, the cost of the resulting repairs, replacements or alterations plus a sum equal to ten percent (10%) of the cost thereof representing the Landlord's overhead and administrative costs will be paid by the Tenant to the Landlord as Additional Rent within fifteen (15) days after demand therefor by the Landlord. (i) The Tenant shall, when it becomes aware of it, notify the Landlord of damage to, or deficiency or defect in any part of the Building, including the Premises, any equipment or utility systems, or any installations located in the Building or the Premises, provided the Landlord shall not have any obligation in respect thereof, subject to the terms of this Lease.

Maintenance and Repairs by the Tenant. (a) Subject to section 9.2(b), the The Tenant will at all times, at its expense, maintain the whole of the Leased Premises including without limitation, all interior partitions, doors, electrical, lighting, wiring, plumbing plumbing, fixtures and equipment and the heating, ventilating and air-conditioning systems and equipment within and exclusively serving the Leased Premises in good order, first-class condition and repair, reasonable wear and tear only exceptedso determined by the Landlord. The Tenant will make all such needed repairs and replacements with due diligence and dispatch. (b) The Tenant's obligation to repair the Premises shall not include the following, all of which shall be made by the Landlord: (i) repairs to the Structure of the Building or repairs resulting from structural weaknesses or defects, improper materials or workmanship or faulty construction; (ii) repairs or maintenance which the Landlord is obligated to make pursuant to this Lease; (iii) repairs or replacements the cost of which would constitute a capital expenditure in accordance with generally accepted accounting principles; and (iv) repairs or replacements which are covered by warranties in favour of the Landlord from third parties. (c) . If required by the Landlord or any governmental authority, the Tenant will, at its expense, remove from the Leased Premises any Hazardous Substances for which it is responsible under this Leaseare or have been located, stored or incorporated in any part of the Leased Premises. The foregoing obligation to remove such Hazardous Substances shall survive the expiration or earlier termination of the Term of this Lease. (d) . Notwithstanding anything contained in this Lease, if any such repairs or replacements to the Leased Premises or to any Leasehold Improvements installed by or on behalf of the Tenant in the Leased Premises, affect the Structure of the Building, or any part of the electrical, mechanical, plumbing, heating, ventilating, air-conditioning, lighting or other base building systems of the Building, such work shall be performed only by the Landlord at the Tenant's sole cost and expense. Upon completion thereof, the Tenant shall pay to the Landlord, as Additional Rent within fifteen five (155) days after demand, both the Landlord's reasonable costs relating to such repairs or replacements including the fees of any architectural and engineering consultants plus a sum equal to ten fifteen percent (1015%) of the total cost thereof representing the Landlord's overhead and administrative costs. (eb) The Tenant will leave the Leased Premises in a reasonably neat and tidy condition at the end of each day in order that the Landlord's cleaning services can be performed. (fc) The Tenant will advise the Landlord of any damage to or breakage of the glass in or forming part of the Leased Premises (including outside windows and doors on or at the perimeter of the Leased Premises) and the Landlord will complete all needed repairs and replacements to such glass with due diligence. The cost of completing such repairs and replacement shall be payable by the Tenant as part of Operating Costs except in the event that the repairs or replacements to the glass are required as a result of the negligence or wilful acts or omissions of the Tenant or those for whom it is at law responsible, in which event the cost thereof shall be payable by the Tenant to the Landlord, upon demand as Additional Rent, within fifteen (15) days of invoice. (gd) At the expiration or earlier termination of the Term, the Tenant will surrender the Leased Premises to the Landlord in as good a condition as the Tenant is required to repair and maintain them throughout the Term. (he) Notwithstanding any other provisions of this Lease, other than section 8.7 to which this section 9.2(h) is subject, if the Building or any part thereof, or any equipment, machinery, facilities or Leasehold Improvements contained therein or made thereto, or the Structure thereof requires repair or replacement or becomes damaged or destroyed through the negligence, carelessness or misuse of the Tenant or those for whom it is in law responsible or by any Person having business with the Tenant or by the Tenant or those for whom it is in law responsible in any way stopping up or damaging the climate control, heating and air-conditioning apparatus, water pipes, drainage pipes or other equipment or facilities or parts of the Building, the cost of the resulting repairs, replacements or alterations plus a sum equal to ten fifteen percent (1015%) of the cost thereof representing the Landlord's overhead and administrative costs will be paid by the Tenant to the Landlord as Additional Rent within fifteen five (155) days after demand therefor presentation of an account of such expenses incurred by the Landlord. (if) The Tenant shall, when it becomes aware of it, notify the Landlord of damage to, or deficiency or defect in any part of the Building, including the Leased Premises, any equipment or utility systems, or any installations located in the Building or the Premises, provided the Landlord shall not have any obligation in respect thereof, subject to the terms of this Lease.

Maintenance and Repairs by the Tenant. (a) Subject to section 9.2(b), the The Tenant will at all times, at its expense, maintain the whole of the Leased Premises including without limitation, all interior partitions, doors, electrical, lighting, wiring, plumbing fixtures and equipment and the heating, ventilating and air-conditioning systems and equipment within and or exclusively serving the Leased Premises in good order, first-class condition and repair, reasonable wear and tear only exceptedas determined by the Landlord. The Tenant will make all such needed repairs and replacements with due diligence and dispatch. (b) The Tenant's obligation to repair the Premises shall not include the following, all of which shall be made by the Landlord: (i) repairs to the Structure of the Building or repairs resulting from structural weaknesses or defects, improper materials or workmanship or faulty construction; (ii) repairs or maintenance which the Landlord is obligated to make pursuant to this Lease; (iii) repairs or replacements the cost of which would constitute a capital expenditure in accordance with generally accepted accounting principles; and (iv) repairs or replacements which are covered by warranties in favour of the Landlord from third parties. (c) . If required by the Landlord or any governmental authority, the Tenant will, at its expense, remove from the Leased Premises any Hazardous Substances for toxic or hazardous substances or materials (including without limitation, any products of waste, asbestos, urea formaldehyde foam insulation, radon gas, PCBs or any other contaminant as defined in the Environmental Protection Act, R.S.O. 1980, c. 141, as amended) which it is responsible under this Leaseare or have been located, stored or incorporated in or on any part of the Leased Premises. The foregoing obligation to remove such Hazardous Substances toxic or hazardous substances or materials shall survive the expiration or earlier termination of the Term of this Lease. (d) . Notwithstanding anything contained in this Lease, if any such repairs or replacements to the Leased Premises or to any Leasehold Improvements installed by or on behalf of the Tenant in the Leased Premises, affect the Structure of the Building, or any part of the electrical, mechanical, plumbing, heating, ventilating, air-conditioning, lighting or other base building systems of the Building, such work shall be performed only by the Landlord at the Tenant's sole cost and expense. Upon completion thereof, the Tenant shall pay to the Landlord, as Additional Rent within fifteen five (155) days after demand, both the Landlord's reasonable costs relating to such repairs or replacements including the fees of any architectural and engineering consultants plus a sum equal to ten fifteen percent (1015%) of the total cost thereof representing the Landlord's overhead and administrative costs. (e) The Tenant will leave the Premises in a reasonably neat and tidy condition at the end of each day in order that the Landlord's cleaning services can be performed. (fb) The Tenant will advise the Landlord of any damage to or breakage of the glass in or forming part of the Leased Premises (including outside windows and doors on or at the perimeter of the Leased Premises) and the Landlord will complete all needed repairs and replacements to such glass with due diligence. The cost of completing such repairs and replacement shall be payable by the Tenant as part of the Operating Costs except in the event that the repairs or replacements to the glass are required as a result of the negligence or wilful acts or omissions of the Tenant or those for whom it is at law responsible, in which event the cost thereof shall be payable by the Tenant to the Landlord, upon demand as Additional Rent, within fifteen (15) days of invoice. (gc) At the expiration or earlier termination of the Term, the Tenant will surrender the Leased Premises to the Landlord in as good a condition as the Tenant is required to repair and maintain them throughout the Term, subject to reasonable wear and tear. (hd) Notwithstanding any other provisions provision of this Lease, other than section 8.7 to which this section 9.2(h) is subject, if the Building or any part thereof, or any equipment, machinery, facilities or Leasehold Improvements contained therein or made thereto, or the Structure thereof requires repair or replacement or becomes damaged or destroyed through the negligence, carelessness or misuse of the Tenant or those for whom it is in law responsible or by any Person having business with the Tenant or by the Tenant or those for whom it is in law responsible in any way stopping up or damaging the climate control, heating and air-conditioning apparatus, water pipes, drainage pipes or other equipment or facilities or parts of the Building, the cost of the resulting repairs, replacements or alterations plus a sum equal to ten fifteen percent (1015%) of the cost thereof representing the Landlord's overhead and administrative costs will be paid by the Tenant to the Landlord as Additional Rent within fifteen five (155) days after demand therefor presentation of an account of such expenses incurred by the Landlord. (ie) The Tenant shall, when it becomes aware of it, notify the Landlord of damage to, or deficiency or defect in any part of the Building, including the Leased Premises, any equipment or utility systems, or any installations located in the Building or the Leased Premises, provided the Landlord shall not have any obligation in respect thereof, subject to the terms of this Lease. See Rider 1.

Maintenance and Repairs by the Tenant. (a) Subject to section 9.2(b), the The Tenant will at all times, at its expense, maintain the whole of the Leased Premises including without limitation, all interior partitions, doors, electrical, lighting, wiring, plumbing fixtures and equipment and the heating, ventilating and air-conditioning systems and equipment within and or exclusively serving the Leased Premises in good orderas would a prudent owner of similar Leased Premises having regard to size, first-class condition age and repairlocation of the building, reasonable wear and tear only excepted. The the Tenant will make all such needed repairs and replacements with due diligence and dispatch. (b) . The Tenant's obligation to repair Tenant will provide its own janitorial services within the Premises shall not include the following, all of which shall be made by the Landlord: (i) repairs to the Structure of the Building or repairs resulting from structural weaknesses or defects, improper materials or workmanship or faulty construction; (ii) repairs or maintenance which the Landlord is obligated to make pursuant to this Lease; (iii) repairs or replacements the cost of which would constitute a capital expenditure in accordance with generally accepted accounting principles; and (iv) repairs or replacements which are covered by warranties in favour of the Landlord from third parties. (c) If required by the Landlord or any governmental authority, the Tenant willLeased Premises, at its sole cost and expense, remove from the Premises any Hazardous Substances for which it is responsible under this Lease. The foregoing obligation to remove such Hazardous Substances shall survive the expiration or earlier termination of the Term of this Lease. (d) Notwithstanding anything contained in this Lease, if any such repairs or replacements to the Leased Premises or to any Leasehold Improvements installed by or on behalf of the Tenant in the Leased Premises, affect the Structure of the Building, or any part of the electrical, mechanical, plumbing, heating, ventilating, air-conditioning, lighting or other base building systems of the Building, such work shall be performed only by the Landlord at the Tenant's sole cost and expense. Upon completion thereof, the Tenant shall pay to the Landlord, as Additional Rent within fifteen five (155) days after demand, both the Landlord's reasonable costs relating to such repairs or replacements including the fees of any architectural and engineering consultants plus a sum equal to ten fifteen percent (1015%) of the total cost thereof hereof representing the Landlord's overhead and administrative costs. (eb) The Tenant will leave pay for the cost of replacement of glass broken on the Leased Premises in a reasonably neat and tidy condition at the end of each day in order that the Landlord's cleaning services can be performed. (f) The Tenant will advise the Landlord of any damage to or breakage of the glass in or forming part of the Premises (including outside windows and doors on or at of the perimeter of the Leased Premises) and the Landlord will complete all needed repairs and replacements to such glass with due diligence. The cost of completing such repairs and replacement shall payable by the Tenant as part of Operating Costs except in the event that the repairs or replacements to the glass are required as a result of the negligence or wilful acts or omissions of the Tenant or those for whom it is at law responsible, in which event the cost thereof shall be payable by the Tenant to the Landlord, as Additional Rent, within fifteen (15) days of invoice. (gc) At the expiration or earlier termination end of the Term, the Tenant will surrender the Leased Premises to the Landlord in as good a condition as the Tenant is required to repair and maintain them throughout the Term. (h) Notwithstanding any other provisions of this Lease, other than section 8.7 to which this section 9.2(h) is subject, if the Building or any part thereof, or any equipment, machinery, facilities or Leasehold Improvements contained therein or made thereto, or the Structure thereof requires repair or replacement or becomes damaged or destroyed through the negligence, carelessness or misuse of the Tenant or those for whom it is in law responsible or by any Person having business with the Tenant or by the Tenant or those for whom it is in law responsible in any way stopping up or damaging the climate control, heating and air-conditioning apparatus, water pipes, drainage pipes or other equipment or facilities or parts of the Building, the cost of the resulting repairs, replacements or alterations plus a sum equal to ten percent (10%) of the cost thereof representing the Landlord's overhead and administrative costs will be paid by the Tenant to the Landlord as Additional Rent within fifteen (15) days after demand therefor by the Landlord. (i) The Tenant shall, when it becomes aware of it, notify the Landlord of damage to, or deficiency or defect in any part of the Building, including the Premises, any equipment or utility systems, or any installations located in the Building or the Premises, provided the Landlord shall not have any obligation in respect thereof, subject to the terms of this Lease.