Common use of Maintenance by Xxxxxx Clause in Contracts

Maintenance by Xxxxxx. 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 damage 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 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 or replacement of the equipment upon the percentage of time the Tenant had use of the equipment vs the age of the equipment at the time of failure.

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, 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 damage 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 which will be performed 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 completed at Tenant’s sole expensecost 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. FurthermoreIn addition, provided Tenant has contracted with a qualified heating Xxxxxx shall perform all routine maintenance and air conditioning contractor for preventative maintenanceupkeep of the Structural Elements of the Leased Premises (including, Landlord and without limitation, any painting). Without limiting the generality of the foregoing, Tenant shall prorate implement: (i) a janitorial program of cleaning sufficient to keep the cost Leased Premises in a safe, clean, and sanitary condition at all times; and (ii) a regularly scheduled program of any preventive maintenance and repair or replacement of the equipment upon Building Systems, which complies with the percentage of time the Tenant had use requirements of the equipment vs applicable manufacturers’, suppliers’, and contractors’ warranties, and which keeps and maintains the age 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 equipment Building Systems on at the time 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 failureLandlord or its employees, contractors, or agents, all of which repairs shall be made promptly by Landlord at its cost and expense.

Maintenance by Xxxxxx. TenantTenant shall, throughout the Term, take good care of and maintain the Premises and the fixtures and appurtenances therein in good condition and, at its own sole cost and expense, shall keep make all necessary repairs to the interior of the Premises Premises, except those required of Landlord under the terms of this Lease, as and when needed to preserve them in good repairworking order and condition, decorated reasonable wear and tear and damage from the elements, fire or other casualty not the fault of Tenant excepted. When used in tenantable condition during 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 Lease 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 adequately expense, to the reasonable satisfaction of Landlord. Tenant shall also repair all damage to the Premises using labor or Property caused by the moving of Tenant’s fixtures, furniture or equipment. All such repairs shall be done in a good and material approved 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 repair and maintain the heatingalso, 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 repair and refurbish the Premises and any part and portion thereof from time to time to assure that the same are kept in a qualified heating first class, tenantable and air conditioning contractor for preventative maintenance, Landlord and Tenant shall prorate attractive condition throughout the cost of any repair or replacement of the equipment upon the percentage of time the Tenant had use of the equipment vs the age of the equipment at the time of failureTerm.

Maintenance by Xxxxxx. Notwithstanding any insurance that may be carried by Landlord, Tenant nevertheless covenants and agrees that it shall at Tenant’s sole cost and expense, at its own expenseall times during the Term of this Lease, shall keep the interior of Premises, and 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 condition and repair at all times during the Term hereof and that it shall make promptly any and all repairs, renewals and replacements which may at any time be necessary or proper to put and keep the Premises in good condition and repair, decorated and to keep the Premises and all appurtenances thereto in tenantable a good, clean, safe, operational, and wholesome condition at all times during the entire term Term of the Lease and shall promptly and adequately repair all damage 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 datethis Lease. In the event that the Premises contain air conditioning and heating systems (HVAC), Tenant’s said obligation shall include the retaining by Tenant fails 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 labor done or refuses to maintain Premises material furnished for any work or make such repairs or repair, maintenance, improvements, replacements, Landlord may alterations or additions done by the Tenant in connection with such items. Tenant agrees that its acceptance of the Premises (but shall not be obligated to), following five (5) days prior written notice to Tenant and evidenced by Xxxxxx’s failure to cure within such periodentry into possession thereof) shall constitute unqualified proof that the Premises are, make such repairs or replacementsas of the Term Commencement Date, in a tenantable and good condition; that Tenant will take good care thereof, and Tenant hereby waives the cost thereof shall be considered additional rent, payable by Tenant upon demand. Landlord shall warrant and guarantee, right to make repairs at itLandlord’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 or also be responsible for all repairs and replacement of the equipment upon the percentage of time the Tenant had use of the equipment vs the age of the equipment at the time of failurestructural, equipment, wiring, roofing, cladding, doors, and operating systems due to tenant’s negligent acts or omissions.