Common use of Maintenance by Xxxxxx Clause in Contracts

Maintenance by Xxxxxx. Any and all repairs, replacements, maintenance and other care of the Leased Premises which are not expressly the responsibility and obligation of the Landlord under Section 0, above, will be the responsibility of the Tenant, all of which will be performed and completed at Tenant’s sole cost and expense all as reasonably necessary to keep and maintain the Improvements in good order, condition, and repair including, without limitation, all repairs, maintenance and replacement to the mechanical, electrical and plumbing systems and equipment, utility systems, fire suppression system, dock door equipment and the heating, ventilation, and air-conditioning systems serving the Leased Premises (collectively, the “Building Systems”); provided, however, that Tenant’s obligations in connection with the Building Systems installed pursuant to the Tenant Finish Work shall be subject to Landlord’s obligations under Section 9(d) below. In addition, Xxxxxx shall perform all routine maintenance and upkeep of the Structural Elements of the Leased Premises (including, without limitation, any painting). Without limiting the generality of the foregoing, Tenant shall implement: (i) a janitorial program of cleaning sufficient to keep the Leased Premises in a safe, clean, and sanitary condition at all times; and (ii) a regularly scheduled program of preventive maintenance and repair of the Building Systems, which complies with the requirements of the applicable manufacturers’, suppliers’, and contractors’ warranties, and which keeps and maintains the Building Systems in good order, condition, and repair at all times (such preventive maintenance contracts shall meet or exceed Landlord’s standard maintenance criteria, and shall provide for inspection and maintenance of the Building Systems on at least a semi-annual basis). Tenant shall not be responsible for making any repairs occasioned by any gross negligence, intentional act, or willful misconduct of Landlord or its employees, contractors, or agents, all of which repairs shall be made promptly by Landlord at its cost and expense.

Maintenance by Xxxxxx. Any Notwithstanding any insurance that may be carried by Landlord, Tenant nevertheless covenants and all repairs, replacements, maintenance and other care of the Leased Premises which are not expressly the responsibility and obligation of the Landlord under Section 0, above, will be the responsibility of the Tenant, all of which will be performed and completed agrees that it shall at Tenant’s sole cost and expense expense, at all as reasonably necessary to times during the Term of this Lease, keep and maintain the Improvements in good order, conditionPremises, and repair each and every part thereof including, without limitation, all repairs, maintenance plumbing and replacement to the mechanical, electrical and plumbing systems and equipmentconduits, utility systemsmeters, fire suppression systemwiring, dock door equipment fixtures and the heatingpipes and all sewers, ventilationfloors, flooring, walls, lighting, storefronts, windows, plate glass and air-glazing, air conditioning and heating systems serving the Leased Premises (collectivelyHVAC), the “Building Systems”); provided, however, that Tenant’s obligations in connection with the Building Systems installed pursuant to the Tenant Finish Work shall be subject to Landlord’s obligations under Section 9(d) below. In addition, Xxxxxx shall perform all routine maintenance and upkeep of the Structural Elements of the Leased Premises (including, without limitation, any painting). Without limiting the generality of the foregoing, Tenant shall implement: (i) a janitorial program of cleaning sufficient to keep the Leased Premises in a safe, clean, and sanitary condition at all times; and (ii) a regularly scheduled program of preventive maintenance and repair of the Building Systems, which complies with the requirements of the applicable manufacturers’, suppliers’, and contractors’ warranties, and which keeps and maintains the Building Systems in good order, condition, condition and repair at all times (such preventive maintenance contracts during the Term hereof and that it shall meet make promptly any and all repairs, renewals and replacements which may at any time be necessary or exceed Landlord’s standard maintenance criteriaproper to put and keep the Premises in good condition and repair, and to keep the Premises and all appurtenances thereto in a good, clean, safe, operational, and wholesome condition at all times during the Term of this Lease. In the event that the Premises contain air conditioning and heating systems (HVAC), Tenant’s said obligation shall provide include the retaining by Tenant of a HVAC service company approved by Landlord, to service and maintain the air conditioning and heating systems (HVAC) on a regular periodic inspection and service basis calling for inspection and maintenance servicing not less frequently than once each quarter. Tenant expressly agrees to pay promptly for any and all labor done or material furnished for any work or repair, maintenance, improvements, replacements, alterations or additions done by the Tenant in connection with such items. Tenant agrees that its acceptance of the Building Systems on Premises (evidenced by Xxxxxx’s entry into possession thereof) shall constitute unqualified proof that the Premises are, as of the Term Commencement Date, in a tenantable and good condition; that Tenant will take good care thereof, and Tenant hereby waives the right to make repairs at least a semi-annual basis)Landlord’s expense. Tenant shall not also be responsible for making any all repairs occasioned by any gross negligenceand replacement of structural, intentional actequipment, wiring, roofing, cladding, doors, and operating systems due to tenant’s negligent acts or willful misconduct of Landlord or its employees, contractors, or agents, all of which repairs shall be made promptly by Landlord at its cost and expenseomissions.

Maintenance by Xxxxxx. Any Tenant, at its own expense, shall keep the interior of the Premises in good repair, decorated and in tenantable condition during the entire term of the Lease and shall promptly and adequately repair all repairsdamage to the Premises using labor and material approved by Landlord. Tenant shall repair and maintain the heating, air conditioning, ventilating, electrical, plumbing equipment and services within the Premises; Landlord represents and warrants that all of the foregoing systems and equipment shall be in good working order on the commencement date. In the event Tenant fails or refuses to maintain Premises or make such repairs or replacements, Landlord may (but shall not be obligated to), following five (5) days prior written notice to Tenant and Xxxxxx’s failure to cure within such period, make such repairs or replacements, and the cost thereof shall be considered additional rent, payable by Tenant upon demand. Landlord shall warrant and guarantee, at it’s sole expense, the heating and air conditioning equipment within the demised premises during the first twelve (12) months of this Lease, provided that Tenant enters into a preventative maintenance contract with a qualified heating and other care of air conditioning contractor to perform preventative maintenance to the Leased Premises which are not expressly the responsibility and obligation of the Landlord under Section 0, above, will be the responsibility of the Tenant, all of which will be performed and completed equipment at Tenant’s sole expense. Furthermore, provided Tenant has contracted with a qualified heating and air conditioning contractor for preventative maintenance, Landlord and Tenant shall prorate the cost and expense all as reasonably necessary to keep and maintain of any repair or replacement of the Improvements in good order, condition, and repair including, without limitation, all repairs, maintenance and replacement to equipment upon the mechanical, electrical and plumbing systems and equipment, utility systems, fire suppression system, dock door equipment and the heating, ventilation, and air-conditioning systems serving the Leased Premises (collectively, the “Building Systems”); provided, however, that Tenant’s obligations in connection with the Building Systems installed pursuant to percentage of time the Tenant Finish Work shall be subject to Landlord’s obligations under Section 9(d) below. In addition, Xxxxxx shall perform all routine maintenance and upkeep had use of the Structural Elements equipment vs the age of the Leased Premises (including, without limitation, any painting). Without limiting equipment at the generality time of the foregoing, Tenant shall implement: (i) a janitorial program of cleaning sufficient to keep the Leased Premises in a safe, clean, and sanitary condition at all times; and (ii) a regularly scheduled program of preventive maintenance and repair of the Building Systems, which complies with the requirements of the applicable manufacturers’, suppliers’, and contractors’ warranties, and which keeps and maintains the Building Systems in good order, condition, and repair at all times (such preventive maintenance contracts shall meet or exceed Landlord’s standard maintenance criteria, and shall provide for inspection and maintenance of the Building Systems on at least a semi-annual basis). Tenant shall not be responsible for making any repairs occasioned by any gross negligence, intentional act, or willful misconduct of Landlord or its employees, contractors, or agents, all of which repairs shall be made promptly by Landlord at its cost and expensefailure.

Maintenance by Xxxxxx. Any Tenant shall, throughout the Term, take good care of and maintain the Premises and the fixtures and appurtenances therein in good condition and, at its sole cost and expense, make all necessary repairs to the interior of the Premises, except those required of Landlord under the terms of this Lease, as and when needed to preserve them in good working order and condition, reasonable wear and tear and damage from the elements, fire or other casualty not the fault of Tenant excepted. When used in this Article, the term “repairs” shall include all necessary replacement and renewals. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Property or to the fixtures, equipment and appurtenances, thereto, whether requiring structural or nonstructural repairs, replacementscaused by or resulting from negligence, maintenance carelessness, omission, neglect or improper conduct of Tenant, its servants, employees, invitees or licensees, shall be repaired promptly by Tenant at its sole cost and other care expense, to the reasonable satisfaction of Landlord. Tenant shall also repair all damage to the Premises or Property caused by the moving of Tenant’s fixtures, furniture or equipment. All such repairs shall be done in a good and workmanlike manner. There shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Tenant or others, excluding Landlord, making or failing to make any repairs, alterations, additions or improvements in or to any portion of the Leased Premises which are not expressly Property or in and to the responsibility and obligation of the Landlord under Section 0fixtures, aboveappurtenances or equipment thereof. Tenant shall also, will be the responsibility of the Tenant, all of which will be performed and completed at Tenant’s sole cost expense, repair and expense all as reasonably necessary refurbish the Premises and any part and portion thereof from time to keep and maintain time to assure that the Improvements in good order, condition, and repair including, without limitation, all repairs, maintenance and replacement to the mechanical, electrical and plumbing systems and equipment, utility systems, fire suppression system, dock door equipment and the heating, ventilation, and air-conditioning systems serving the Leased Premises (collectively, the “Building Systems”); provided, however, that Tenant’s obligations in connection with the Building Systems installed pursuant to the Tenant Finish Work shall be subject to Landlord’s obligations under Section 9(d) below. In addition, Xxxxxx shall perform all routine maintenance and upkeep of the Structural Elements of the Leased Premises (including, without limitation, any painting). Without limiting the generality of the foregoing, Tenant shall implement: (i) a janitorial program of cleaning sufficient to keep the Leased Premises same are kept in a safefirst class, clean, tenantable and sanitary attractive condition at all times; and (ii) a regularly scheduled program of preventive maintenance and repair of throughout the Building Systems, which complies with the requirements of the applicable manufacturers’, suppliers’, and contractors’ warranties, and which keeps and maintains the Building Systems in good order, condition, and repair at all times (such preventive maintenance contracts shall meet or exceed Landlord’s standard maintenance criteria, and shall provide for inspection and maintenance of the Building Systems on at least a semi-annual basis). Tenant shall not be responsible for making any repairs occasioned by any gross negligence, intentional act, or willful misconduct of Landlord or its employees, contractors, or agents, all of which repairs shall be made promptly by Landlord at its cost and expenseTerm.