Common use of MAINTENANCE BY LESSEE Clause in Contracts

MAINTENANCE BY LESSEE. Subject to the foregoing obligation of Lessor and further subject to the provisions of Paragraph 23 of this Lease, Lessee agrees to take good care of the premises and appur- tenances thereto, and to keep them in good repair and sanitary condition, free from filth, and hazardous substances, overloading, danger of fire, or any pest or nuisance, and to keep all mechanical systems in good working order. Lessee shall conduct a continuing program of preventive maintenance covering such mechanical equipment, including regular service and maintenance to heating and air conditioning equipment by competent tradesmen and shall furnish Lessor evidence of such maintenance upon request. Lessee shall not permit any waste of the premises. At the expiration or other termination of this Lease, Lessee shall return the premises to Lessor pursuant to the terms of this Lease, broom clean, and in good and sanitary order, condition and repair, except for such wear and tear as would be normal for the period of Lessee's occupancy and except for damage by fire, explosion or other insured casualty. If Lessee fails to do anything required of Lessee in this paragraph or elsewhere in this Lease within a reasonable time, Lessor may, at Lessor's option, perform the same at Lessee's expense. (SEE ADDITIONAL PARAGRAPH 11A.) No spill, deposit, emission, leakage or other release of hazardous substances on the premises shall be deemed to be "wear and tear as would be normal for the period of Lessee's occupancy". Lessee shall be responsible to promptly and completely clean up any such release caused by Lessee, its employees, agents, contractors and invitees as shall occur on the premises during the term of this Lease and shall surrender the premises free of any contamination or other damage caused by such occurrences during the term of this Lease.

MAINTENANCE BY LESSEE. Subject Lessee agrees to accept possession of the foregoing obligation Leased Premises in their present condition and to allow for such changes in condition as may normally be expected to occur through reasonable deterioration between the date of Lessor this Agreement and further subject the date Lessee actually takes possession of the Leased Presses. Lessee shall, at Lessee's sole expense, maintain the Leased Premises throughout the Lease Term and Lessee shall, at Lessee's sole expense, make all repairs and replacements which may be necessary to maintain in good condition the provisions of Paragraph 23 of Leased Premises and the improvements located on the Leased Premises. If Lessee fails to make the repairs or replacements required by this Lease, Lessee agrees Lessor is authorized to take good care complete such repairs and replacements on behalf of the premises and appur- tenances theretoLessee, and in such event Lessor may under no circumstances be held liable to keep them in good repair and sanitary condition, free from filth, and hazardous substances, overloading, danger of fire, or Lessee for any pest or nuisance, and to keep all mechanical systems in good working order. damages that Lessee shall conduct might suffer as a continuing program of preventive maintenance covering such mechanical equipment, including regular service and maintenance to heating and air conditioning equipment by competent tradesmen and shall furnish Lessor evidence result of such maintenance upon requestaction on the part of Lessor. Lessee shall not permit any waste of Upon the premises. At the expiration or other termination of this Lease, Lessee shall return surrender the premises Leased Premises to Lessor pursuant to the terms of this Lease, broom clean, and in good and sanitary order, condition order and repair, except for such reasonable wear and tear as would be normal for between the period of last necessary repair and/or replacement by Lessee pursuant to Lessee's occupancy obligations hereunder. However, Lessee will be liable at the time of termination of this Lease for all repairs and except for damage by fire, explosion replacements which have become necessary or other insured casualty. If Lessee fails to do anything required desirable as a result of any act of negligence of Lessee in this paragraph (or elsewhere in this Lease within a reasonable time, Lessor may, at Lessor's option, perform the same at Lessee's expense. (SEE ADDITIONAL PARAGRAPH 11A.) No spill, deposit, emission, leakage or other release of hazardous substances on the premises shall be deemed to be "wear and tear as would be normal for the period of Lessee's occupancy". Lessee shall be responsible to promptly and completely clean up any such release caused by Lessee, its employees, agents, contractors and invitees as shall occur on the premises during the term of this Lease and shall surrender the premises free of any contamination or other damage caused by such occurrences during the term of this Leaseinvitees).

MAINTENANCE BY LESSEE. Subject to the foregoing obligation of Lessor (a) Except as otherwise expressly provided in Article V, this Article VI and further subject to the provisions of Paragraph 23 of this Lease, Lessee agrees to take good care of the premises and appur- tenances thereto, and to keep them in good repair and sanitary condition, free from filth, and hazardous substances, overloading, danger of fire, or any pest or nuisance, and to keep all mechanical systems in good working order. Lessee shall conduct a continuing program of preventive maintenance covering such mechanical equipment, including regular service and maintenance to heating and air conditioning equipment by competent tradesmen and shall furnish Lessor evidence of such maintenance upon request. Lessee shall not permit any waste of the premises. At the expiration or other termination of this LeaseArticle VIII, Lessee shall return at its own cost, risk and expense at all times maintain the premises to RDU Assets, the Premises and any Additional Improvements in compliance with the Master Lease and all Applicable Laws and in good order and repair and make all necessary repairs thereto, structural and nonstructural, ordinary and extraordinary, and unforeseen and foreseen. When used in this Section 6.1, the term “repairs” shall include all necessary replacements, renewal, alterations and additions. Notwithstanding the foregoing, Lessor shall remain responsible for all Capital Maintenance Costs in respect of the RDU Assets and the Premises, and any such Capital Maintenance Costs incurred by Lessee pursuant to this Asset Lease shall be reimbursed by Lessor. All repairs made by Lessee shall be made in accordance with normal and customary practices in the terms of this Leaseindustry, broom cleanin a good and workmanlike manner, and in good and sanitary order, condition and repair, except for such wear and tear as would be normal for the period of Lessee's occupancy and except for damage by fire, explosion or other insured casualty. If Lessee fails to do anything required of Lessee in this paragraph or elsewhere in this Lease within a reasonable time, Lessor may, at Lessor's option, perform the same at Lessee's expense. (SEE ADDITIONAL PARAGRAPH 11A.) No spill, deposit, emission, leakage or other release of hazardous substances on the premises shall be deemed to be "wear and tear as would be normal for the period of Lessee's occupancy"accordance with all Applicable Laws. Lessee shall be responsible at its sole cost and expense for the proper handling, removal and disposal of all materials, debris, waste and Hazardous Substances generated or resulting from such repair and maintenance activities, all in accordance with Applicable Laws. (b) At least annually, Lessee shall prepare a tank inspection and maintenance plan (which shall include an inspection plan, a cleaning plan, a waste disposal plan, details regarding scheduling and a budget) for the tankage included in the RDU Assets, and, if so requested by Lessor, provide a copy of such plan to promptly Lessor. Lessee shall conduct tank maintenance in conformity with such tank maintenance plan at Lessee’s cost and completely clean up expense, and shall report any findings from such release caused by Lessee, inspections to Lessor. Lessee will use its employees, agents, contractors commercially reasonable efforts to schedule the activities under such maintenance plan to minimize disruptions to the operations of HFC Cheyenne and invitees as shall occur Lessor on the premises during the term of this Lease and shall surrender the premises free of any contamination or other damage caused by such occurrences during the term of this LeasePremises.

MAINTENANCE BY LESSEE. Subject Unless this Lease is being entered into prior to completion of the foregoing obligation of Lessor and further subject to the provisions of Paragraph 23 of this LeaseOffice Building, Lessee agrees to take good care accept possession of the premises Leased Premises in their present condition and appur- tenances theretoto allow for such changes in condition as may normally be expected to occur through reasonable deterioration between the date of this Agreement and the date Lessee actually takes possession of the Leased Premises. Lessee shall, at Lessee's sole expense, make all repairs and replacements which may be necessary to maintain in good condition the improvements located on the Leased Premises other than those repairs and replacements which are required by the Lease to be made by Lessor. However, this shall not require Lessee to maintain the Leased Premises in perfect condition but shall only mean that Lessee's repairs and replacements shall minimize to the extent reasonably possible the effects of use, decay, injury, and destruction of the Leased Premises (Lessor recognizing that certain depreciation by reason of increasing age and use is unavoidable). If Lessee fails to keep them in good repair make the repairs or replacements required by this Lease, Lessor is authorized by this Lease to complete such repairs and sanitary condition, free from filthreplacements on behalf of Lessee, and hazardous substances, overloading, danger of fire, or in such event Lessor may under no circumstances be held liable to Lessee for any pest or nuisance, and to keep all mechanical systems in good working order. damages that Lessee shall conduct might suffer as a continuing program of preventive maintenance covering such mechanical equipment, including regular service and maintenance to heating and air conditioning equipment by competent tradesmen and shall furnish Lessor evidence result of such maintenance upon requestaction on the part of Lessor. Lessee shall not permit any waste of Upon the premises. At the expiration or other termination of this Lease, Lessee shall return surrender the premises Leased Premises to Lessor pursuant to the terms of this Lease, broom clean, and in good and sanitary order, condition order and repair, except for such reasonable wear and tear as would be normal for between the period of last necessary repair and/or replacement by Lessee pursuant to Lessee's occupancy and except for damage by fireobligations hereunder. However, explosion or other insured casualty. If Lessee fails to do anything required of Lessee in this paragraph or elsewhere in this Lease within a reasonable time, Lessor may, at Lessor's option, perform the same at Lessee's expense. (SEE ADDITIONAL PARAGRAPH 11A.) No spill, deposit, emission, leakage or other release of hazardous substances on the premises shall be deemed to be "wear and tear as would be normal for the period of Lessee's occupancy". Lessee shall be responsible to promptly liable at the time of termination of this Lease for all repairs and completely clean up replacement which have become necessary or desirable as a result of any such release caused by act of negligence of Lessee (or Lessee, its 's employees, agents, contractors or invitees) except (and invitees as shall occur on only to the premises during extent) the term of this Lease and shall surrender the premises free of any contamination repairs made necessary or other damage caused desirable by such occurrences during the term act of this Leasenegligence which is covered by Lessor's insurance.