Common use of Maintenance by Xxxxxx Clause in Contracts

Maintenance by Xxxxxx. 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, caused by or resulting from negligence, 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 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 Property or in and to the fixtures, appurtenances or equipment thereof. Tenant shall also, at Tenant’s expense, repair and refurbish the Premises and any part and portion thereof from time to time to assure that the same are kept in a first class, tenantable and attractive condition throughout the Term.

Maintenance by Xxxxxx. Notwithstanding any insurance that may be carried by Landlord, Tenant shall, throughout the Term, take good care of nevertheless covenants and maintain the Premises and the fixtures and appurtenances therein in good condition and, agrees that it shall at its Tenant’s sole cost and expense, make at all necessary repairs to times during the interior of the Premises, except those required of Landlord under the terms Term of this Lease, as keep the Premises, and when needed to preserve them each and every part thereof including, without limitation, all plumbing and electrical conduits, utility meters, wiring, fixtures and pipes and all sewers, floors, flooring, walls, lighting, storefronts, windows, plate glass and glazing, air conditioning and heating systems (HVAC), in good working order condition and conditionrepair at all times during the Term hereof and that it shall make promptly any and all repairs, reasonable wear renewals and tear replacements which may at any time be necessary or proper to put and damage from keep the elementsPremises in good condition and repair, fire or other casualty not and to keep the fault Premises and all appurtenances thereto in a good, clean, safe, operational, and wholesome condition at all times during the Term of Tenant exceptedthis Lease. When used in this ArticleIn the event that the Premises contain air conditioning and heating systems (HVAC), the term “repairs” Tenant’s said obligation shall 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 servicing not less frequently than once each quarter. Tenant expressly agrees to pay promptly for any and all necessary replacement and renewalslabor done or material furnished for any work or repair, maintenance, improvements, replacements, alterations or additions done by the Tenant in connection with such items. Notwithstanding the foregoing, all damage or injury to Tenant agrees that its acceptance of the Premises or to any other part (evidenced by Xxxxxx’s entry into possession thereof) shall constitute unqualified proof that the Premises are, as of the Property or Term Commencement Date, in a tenantable and good condition; that Tenant will take good care thereof, and Tenant hereby waives the right to the fixtures, equipment and appurtenances, thereto, whether requiring structural or nonstructural repairs, caused by or resulting from negligence, carelessness, omission, neglect or improper conduct of Tenant, its servants, employees, invitees or licensees, shall be repaired promptly by Tenant make repairs at its sole cost and Landlord’s expense, to the reasonable satisfaction of Landlord. Tenant shall also repair be responsible for all damage repairs and replacement of structural, equipment, wiring, roofing, cladding, doors, and operating systems due to the Premises tenant’s negligent acts 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 Property or in and to the fixtures, appurtenances or equipment thereof. Tenant shall also, at Tenant’s expense, repair and refurbish the Premises and any part and portion thereof from time to time to assure that the same are kept in a first class, tenantable and attractive condition throughout the Termomissions.

Maintenance by Xxxxxx. Tenant shallAny and all repairs, throughout the Termreplacements, take good 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 Premises 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 fixtures heating, ventilation, and appurtenances therein 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 condition andorder, 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 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, caused by or resulting from negligence, 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 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 Property or in and to the fixtures, appurtenances or equipment thereof. Tenant shall also, at Tenant’s expense, repair and refurbish the Premises and any part and portion thereof from time to time to assure that the same are kept in a first class, tenantable and attractive condition throughout the Term.

Maintenance by Xxxxxx. Tenant shall, throughout the Term, take good care of and maintain the Premises and the fixtures and appurtenances therein in good condition andTenant, at its sole cost and own expense, make all necessary repairs to shall keep the interior of the Premises, except those required of Landlord under the terms of this Lease, as and when needed to preserve them Premises in good working order repair, decorated and condition, reasonable wear and tear and damage from in tenantable condition during the elements, fire or other casualty not the fault of Tenant excepted. When used in this Article, the entire 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 Lease and appurtenances, thereto, whether requiring structural or nonstructural repairs, caused by or resulting from negligence, 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 expense, to the reasonable satisfaction of Landlord. Tenant shall also adequately repair all damage to the Premises or Property caused using labor and material approved 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 Property or in and to the fixtures, appurtenances or equipment thereof. Tenant shall alsorepair 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 air conditioning contractor to perform preventative maintenance to the 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 of any repair and refurbish or replacement of the Premises and any part and portion thereof from equipment upon the percentage of time to the Tenant had use of the equipment vs the age of the equipment at the time to assure that the same are kept in a first class, tenantable and attractive condition throughout the Termof failure.