Common use of MAINTENANCE BY TENANT AND LANDLORD Clause in Contracts

MAINTENANCE BY TENANT AND LANDLORD. 8.1. Tenant shall take good care of the Premises throughout the Term, maintain and preserve same in as good a condition as delivered to Tenant on the Commencement Date, except for normal wear and tear and damage by fire or other casualty not caused by Tenant, and be responsible for all necessary repairs and replacements thereto, other than those which it is Landlord’s obligation to make under Section 8.2. Tenant shall not injure, deface or commit waste of the Premises. Tenant shall be responsible for all damage of any kind or character to the Property caused by the negligence or willful misconduct of Tenant or Tenant’s Visitors or Alterations performed by Tenant. Landlord shall make, at Tenant’s expense, all repairs to the Premises or to the Property for which Tenant is responsible under Section 8.1, and Tenant shall pay the costs incurred therefor to Landlord immediately upon demand as Additional Rent. 8.2. Landlord shall be responsible for all Structural Repairs at its own expense; provided, however, that Tenant shall pay as Additional Rent, the cost of all such repairs resulting from damage caused by the negligence, or willful misconduct of Tenant or Tenant’s Visitors, or Alterations performed by Tenant. Landlord shall maintain, repair and replace all plumbing, heating, air conditioning, electrical and mechanical fixtures (exclusive of electrical and mechanical fixtures installed by Tenant) when required, and maintain and make repairs to the Common Areas, the non-structural elements of the roof of the Building and the exterior of the Building, the cost of all of which shall be included in Operating Expenses; provided, however, that Tenant shall pay as Additional Rent the cost of all such repairs or replacements arising from the negligence or willful misconduct of Tenant or Tenant’s Visitors or Alterations performed by Tenant.

MAINTENANCE BY TENANT AND LANDLORD. 8.1. (a) Except as provided in Section 5.2, Tenant shall take good care of the Premises throughout the Term, Term and maintain and preserve same in as good a condition as delivered to Tenant on the Commencement Date, except for normal wear and tear and damage by fire or other casualty not caused by Tenant, and be responsible for all necessary repairs and replacements thereto, other than those which it is Landlord’s obligation to make under Section 8.2repair. Tenant shall not injure, deface deface, or commit waste of the Premises, including any Tenant Improvements or Alterations made thereon. All repairs, replacements, and improvements to be done by Tenant under this Article shall be performed expeditiously, in a good and workmanlike manner, and in compliance with all statutes, rules, ordinances, and regulations of any Governmental Authority; shall be at least equal in quality, utility, and usefulness to the original work; shall be of first class, modern character; shall be completed free and clear of all Liens; and shall not diminish the overall value of the Real Property. (b) Tenant shall be responsible for all injury or damage of any kind or character to the Property Real Property, including, the windows; floors; walls; ceilings; lights; and Building systems, including, without limitation, the, plumbing, fire safety, electrical and heating, ventilating, and air-conditioning equipment; in each case, caused by Tenant’s negligence, carelessness, omission, improper conduct, willful act, or Alterations, or the negligence negligence, carelessness, omission, improper conduct, or willful misconduct act of Tenant or Tenant’s Visitors or Alterations performed by TenantVisitors. Landlord shall make, at Tenant’s expense, all repairs to repair the Premises or to the Property for which Tenant is responsible under Section 8.1same, and Tenant shall pay the costs incurred therefor to Landlord immediately upon demand as Additional Rent. 8.25.2. Landlord shall be responsible for all Structural Repairs at its own expense; provided, however, that Tenant shall pay as Additional Rent, the cost of all such repairs resulting from damage caused by the negligence, or willful misconduct of Tenant or Tenant’s Visitors, or Alterations performed by Tenant. Landlord shall maintain, repair and replace all plumbing, heating, air conditioning, electrical and mechanical fixtures (exclusive of electrical and mechanical fixtures installed by Tenant) when required, and maintain and make repairs to repair the Common Areas, the non-structural elements of Structure and the roof common working systems of the Building (including, without limitation, the central or other shared mechanical, electrical, plumbing, communications, life-safety and the exterior of other systems), at Landlord’s sole cost and expense (subject to Section 5.1(b) hereof). Such maintenance and repair shall specifically include (i) maintenance and repairs to the Building’s HVAC, fire safety (including without limitation, sprinklers), electrical (exclusive of starters, ballasts, and fluorescent lamps), plumbing, or other systems to the cost of all of which extent that such systems service the Premises in common with other tenanted areas; and (ii) any Structural Repairs to the Building. Notwithstanding anything to the contrary contained herein, Landlord shall be included responsible to repair or replace, at Landlord’s sole cost and expense, any latent defects in Operating Expenses; providedthe Premises or Building. As used herein, however, that Tenant “latent defects” shall pay as Additional Rent the cost of all such repairs mean any defects which would not be discoverable upon reasonable physical inspection or replacements arising from the negligence or willful misconduct of Tenant or Tenant’s Visitors or Alterations performed by Tenanttesting.

MAINTENANCE BY TENANT AND LANDLORD. 8.1Tenant agrees that it will take possession of the Leased Premises in an “as is” and “where is” condition. Tenant shall take will keep the Leased Premises in good care condition and repair at its expense, reasonable wear and tear excepted, and it will indemnify and save harmless Landlord from and against all liens, claims or damages by reason of the Premises throughout the Term, maintain and preserve same in as good a condition as delivered to any repairs or improvements which may be made by or on behalf of Tenant on the Commencement DateLeased Premises. Landlord makes no warranties to Tenant as to the condition of the Leased Premises or the suitability of the Leased Premises for Tenant’s intended use, except that the Leased Premises is properly zoned for normal wear Tenant’s intended use. Tenant shall: (a) provide for prompt trash and litter removal, and (b) keep the Leased Premises in their current or better (at Tenant’s option) condition and repair, subject to natural wear, tear and/or deterioration of same. If Tenant fails to perform its obligations hereunder, Landlord may, after first providing Tenant fifteen (15) days prior written notice, but shall not be obligated to, perform Tenant’s obligations or perform work resulting from Tenant’s acts, actions or omissions; and damage by fire all reasonable amounts so paid or other casualty not caused by incurred shall, following written notice to Tenant, be considered additional rent payable by Tenant with the next installment of monthly rent thereafter becoming due and be responsible for all necessary repairs payable. Landlord hereby agrees to keep the structural components (including, without limitation, walls, foundations, roof) of any improvements on the Leased Premises in good condition and replacements theretorepair, other than those which it is Landlord’s obligation to make under Section 8.2. Tenant shall not injure, deface or commit waste maintain and repair any building systems located outside of any buildings and to maintain any parking lots on the Leased Premises. Tenant shall be responsible for all damage of any kind or character to the Property caused by the negligence or willful misconduct of Tenant or Tenant’s Visitors or Alterations performed by Tenant. Landlord shall make, at Tenant’s expense, all repairs to the Premises or to the Property for which Tenant is responsible under Section 8.1, and Tenant shall pay the costs incurred therefor to Landlord immediately upon demand as Additional Rent. 8.2. Landlord shall be responsible for all Structural Repairs at its own expense; provided, however, that Tenant shall pay as Additional Rent, the cost of all such repairs resulting from damage caused by the negligence, or willful misconduct of Tenant or Tenant’s Visitors, or Alterations performed by Tenant. Landlord shall maintain, repair and replace all plumbing, heating, air conditioning, electrical and mechanical fixtures (exclusive of electrical and mechanical fixtures installed by Tenant) when required, and maintain and make repairs to the Common Areas, the non-structural elements maintaining compliance of the roof of Leased Premises with the Building and the exterior of the BuildingAmericans with Disabilities Act, the cost of all of which shall be included in Operating Expenses; provided, however, that Tenant shall pay as Additional Rent the cost of all such repairs or replacements arising from the negligence or willful misconduct of Tenant or Tenant’s Visitors or Alterations performed by Tenantamended.

MAINTENANCE BY TENANT AND LANDLORD. 8.17.1. Tenant shall take good care of the Premises throughout the Term, maintain and preserve same in as good a condition as delivered to Tenant on the Commencement Date, except for normal wear and tear and damage by fire or other casualty not caused by Tenant, and be responsible for all necessary repairs and replacements thereto, other than those which it is Landlord’s 's obligation to make under Section 8.27.2. Tenant shall not injure, deface or commit waste of the Premises. Tenant shall be responsible for all damage of any kind or character to the Property and/or Building caused by the negligence or willful misconduct of Tenant or Tenant’s 's Visitors or Alterations performed by Tenant. Landlord Tenant shall make, at Tenant’s 's expense, all repairs to the Premises or to the Property Building for which Tenant is responsible under this Section 8.1, and Tenant shall pay the costs incurred therefor to Landlord immediately upon demand as Additional Rent7.1. 8.27.2. Landlord shall be responsible for all Structural Repairs Work at its own expense; provided, however, that Tenant shall pay as Additional Rent, Rent the cost of all such repairs resulting from damage solely caused by the negligence, negligence or willful misconduct of Tenant or Tenant’s 's Visitors, or Alterations performed by Tenant. Landlord shall maintain, repair and replace all plumbing, heating, air conditioning, electrical and mechanical fixtures and systems (exclusive of electrical and mechanical fixtures installed by Tenant) when required, and maintain and make repairs to the Common Areas, the non-structural elements of the roof of the Building and the exterior of the BuildingBuilding (other than to the permanent exterior walls), the cost of all of which shall be included in Operating Expenses; provided, however, that Tenant shall pay as Additional Rent the cost of all such repairs or replacements arising solely from the negligence or willful misconduct of Tenant or Tenant’s 's Visitors or Alterations performed by Tenant. 7.3. The failure of Landlord to any extent to furnish, or the interruption or termination of, the services provided for in this Article in whole or in part resulting from the events described in the definition of Excusable Delay shall not render Landlord liable in any respect, nor be construed as an eviction of Tenant, nor work an abatement of rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Should any of the equipment or machinery used in the provision of such services cease to function properly for any cause, Tenant shall have no claim for offset or abatement of rent or damages on account of reasonable interruption in service occasioned thereby or resulting there from. Landlord shall proceed with due diligence to restore any interruption in services. Landlord shall have the right temporarily to interrupt services in order to make any necessary repairs or replacements to, or to otherwise service, the Building's systems. Any obligation or service not specifically designated as Landlord's responsibility herein shall be the strict responsibility of the Tenant. The Landlord and Tenant are bound by Section 31.10 Mediation whereby the Tenant can apply for damages for any interruption beyond what is considered reasonable interruption of service. 7.4. In the event that Tenant shall fail or neglect to comply with the aforesaid statutes, ordinances, rules, orders, regulations and requirements or any of them, or in the case the Tenant shall fail or neglect to make any necessary repairs, then the Landlord or Landlord's agents may enter said premises and make said repairs and comply with any and all of the said statutes, ordinances, rules, orders, regulations or requirements, at the cost and expense of the Tenant and in case of the Tenant's failure to pay therefore, the said cost and expense shall be added to the next month's rent and be due and payable as such, or the Landlord may deduct the same from the balance of any remaining security deposit in the Landlord's hands. This provision is in addition to the right of the Landlord to terminate this lease by reason of any default on the part of the Tenant. Landlord will make every reasonable effort to make any necessary repairs to Tenant's space at the lowest possible cost.