Common use of Maintenance Obligations Clause in Contracts

Maintenance Obligations. Tenant shall keep in good condition, and maintain, repair and replace as necessary, the entire exterior and interior of the Premises, specifically including, without limitation, all doors and windows, the heating, ventilating and air conditioning equipment (“HVAC”), any triple catch basins, mechanical, electrical, plumbing, sprinkler, fire and life safety, and all other Building systems, sewer, water and other utility systems, the parking area, and the foundation, roof and structure. As used herein, each and every obligation of Tenant to keep, maintain, repair and replace shall include, without limitation, all ordinary and extraordinary structural and nonstructural repairs and replacements. As to any repairs costing in excess of $100,000, and as to any replacements whatsoever, Tenant shall, in connection therewith, comply with the requirements of Article 13 hereof. Tenant shall, to the extent possible, keep the Premises from falling temporarily out of repair or deteriorating. Tenant shall further keep, repair and maintain the improvements at any time situated upon the Premises, the parking area and all sidewalks and areas adjacent thereto, and all landscaped areas adjacent thereto, safe secure, clean and sanitary (including, without limitation, planting and replacing flowers and landscaping, and necessary interior painting and carpet cleaning), and in full compliance with all Legal Requirements. Landlord reserves the right to inspect the roof from time to time, and if Landlord determines that repairs to the roof are reasonably necessary, Landlord may, but shall have no obligation to, make any repairs on Tenant’s behalf at Tenant’s sole cost and Tenant shall pay Landlord, on written demand, the cost thereof and an amount equal to five percent (5%) of such cost as an overhead and supervision fee provided that such fee shall be capped at $3,000. If Xxxxxx fails to perform any required work hereunder, Landlord may, but shall have no obligation to, elect to make any or all repairs on Tenant’s behalf at Tenant’s sole cost and Tenant shall pay Landlord, on written demand, the cost thereof and an amount equal to five percent (5%) of such cost, which shall be capped at $3,000, as an overhead and supervision fee. If Tenant requests that Landlord perform any work required herein or otherwise desired by Tenant, Tenant shall pay the cost thereof, and, in addition, Tenant shall pay to Landlord an amount equal to five percent (5%) of such cost as an overhead and supervision fee.

Maintenance Obligations. Tenant Landlord shall keep in good conditionmaintain and repair the structural portions of the Building, including the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, stairwells, and maintainelevator cabs (collectively, repair "Building Structure") and replace as necessary, the entire exterior and interior of the Premises, specifically including, without limitation, all doors and windows, the heating, ventilating and air conditioning equipment (“HVAC”), any triple catch basins, mechanical, electrical, plumbing, sprinkler, fire and life safety, plumbing, sprinkler systems and HVAC systems which are not part of the "Tenant Improvements", as that term is defined in Section 2.1 of the Tenant Work Letter (the "Building Systems"). Tenant shall, at Tenant's own expense, keep the Premises, including all other Building systemsimprovements, sewerfixtures and furnishings therein, water and other utility systems, the parking area, and the foundation, roof and structure. As used herein, each and every obligation of Tenant to keep, maintainin good order, repair and replace shall include, without limitation, condition at all ordinary and extraordinary structural and nonstructural repairs and replacementstimes during the Lease Term. As to any repairs costing in excess of $100,000, and as to any replacements whatsoeverIn addition, Tenant shall, in connection therewithat Tenant's own expense, comply with but under the requirements of Article 13 hereof. Tenant shall, supervision and subject to the extent possibleprior approval of Landlord, keep and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises from falling temporarily out and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of repair Tenant; provided however, that, at Landlord's option, or deteriorating. if Tenant shall further keep, repair and maintain the improvements at any time situated upon the Premises, the parking area and all sidewalks and areas adjacent thereto, and all landscaped areas adjacent thereto, safe secure, clean and sanitary (including, without limitation, planting and replacing flowers and landscaping, and necessary interior painting and carpet cleaning), and in full compliance with all Legal Requirements. Landlord reserves the right fails to inspect the roof from time to time, and if Landlord determines that repairs to the roof are reasonably necessarymake such repairs, Landlord may, but shall have no obligation toneed not, make any such repairs on Tenant’s behalf at Tenant’s sole cost and replacements, and Tenant shall pay LandlordLandlord the cost thereof, on written demand, including a percentage of the cost thereof (to be uniformly established for the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and an amount equal to five percent (5%) of other costs or expenses arising from Landlord's involvement with such cost as an overhead repairs and supervision fee provided that such fee shall be capped at $3,000replacements forthwith upon being billed for same. If Xxxxxx fails to perform any required work hereunder, Landlord may, but shall have no obligation not be required to, elect enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may XXXXXX XXXX XXXXXXXXX XXXX [MicroSim Corporation] be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and all repairs on Tenant’s behalf at Tenant’s sole cost rights under and Tenant shall pay Landlordbenefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, on written demandstatute, the cost thereof and an amount equal to five percent (5%) of such cost, which shall be capped at $3,000, as an overhead and supervision fee. If Tenant requests that Landlord perform any work required herein or otherwise desired by Tenant, Tenant shall pay the cost thereof, and, ordinance now or hereafter in addition, Tenant shall pay to Landlord an amount equal to five percent (5%) of such cost as an overhead and supervision feeeffect.

Maintenance Obligations. Tenant (a) Landlord shall keep in good conditionmake repairs or replacements of those items disclosed by the inspection report attached hereto as Exhibit C to the extent such repairs or replacements are necessary. Landlord otherwise shall be under no obligation to rebuild, and maintainreplace, repair and replace as necessarymaintain or make repairs of any nature, structural or otherwise, to the entire exterior and interior Premises during the term of the Premises, specifically including, without limitation, all doors and windows, the heating, ventilating and air conditioning equipment (“HVAC”), this Lease or any triple catch basins, mechanical, electrical, plumbing, sprinkler, fire and life safety, and all other Building systems, sewer, water and other utility systems, the parking area, and the foundation, roof and structure. As used herein, each and every obligation of Tenant to keep, maintain, repair and replace shall include, without limitation, all ordinary and extraordinary structural and nonstructural repairs and replacements. As to any repairs costing in excess of $100,000, and as to any replacements whatsoever, Tenant shall, in connection therewith, comply with the requirements of Article 13 hereofextension or renewal thereof. Tenant shall, during the term of this Lease, and any extension thereof, maintain the Premises, and, at its own expanse, make all repairs and replacements, or ordinary or extraordinary, structural or otherwise, required to the extent possible, keep the Premises from falling temporarily out of repair or deterioratingand all heating, air conditioning, plumbing and electrical system and all fixtures and equipment, in good order and repair. All repairs and replacements made by Tenant shall further keepbe equal in quality to the original work. Notwithstanding anything herein to the contrary, Landlord shall be responsible, at its sole cost and expense, for compliance with all laws, ordinances, orders, codes and regulations of federal, state, county, and municipal: authorities and with any direction of any public officer or officers, pursuant to law, and with any restrictions of record, which require structural, changes to the Premises. Landlord hereby represents that as of the date hereof ,the roof and all structural components related thereto are not in need of any repairs or replacement and are in good condition. (b) Tenant shall, at its sole cost and expense, maintain all parking areas, driveways and access roadways situated the Premises in good condition and repair and reasonably clear of snow and debris, and shall at its expense adequately illuminate the parking areas and driveways situated on the Premises during business hours. (c) Tenant shall, at its sole east and expense, maintain and keep open, free from obstruction and in good repair, all electric, water, sewer and other utility lines and connections, conduits, pipes, catch basins, manholes, poles, lighting fixtures and other related facilities situated in, under or on the improvements at any time situated upon Premises. (d) In the event Tenant should neglect to maintain the Premises, the parking area and all sidewalks and areas adjacent thereto, and all landscaped areas adjacent thereto, safe secure, clean and sanitary (including, without limitation, planting and replacing flowers and landscaping, and necessary interior painting and carpet cleaning), and in full compliance with all Legal Requirements. Landlord reserves shall have the right (but not the obligation) to inspect cause repairs or corrections to be made. Any amounts paid by the roof from time Landlord for such repairs or corrections shall become immediately due and payable as rent by Tenant to time, and if Landlord determines that repairs to the roof are reasonably necessary, Landlord may, but shall have no obligation to, make any repairs on Tenant’s behalf at Tenant’s sole cost and Tenant shall pay Landlord, on written demand, together with interest thereon at the cost thereof and an amount equal Default Rate. Any such payments by Landlord shall not be deemed to five percent (5%) be a waiver of such cost any other rights which the Landlord may have under the provisions of this Lease or as an overhead and supervision fee provided that such fee shall be capped at $3,000. If Xxxxxx fails to perform any required work hereunder, Landlord may, but shall have no obligation to, elect to make any or all repairs on Tenant’s behalf at Tenant’s sole cost and Tenant shall pay Landlord, on written demand, the cost thereof and an amount equal to five percent (5%) of such cost, which shall be capped at $3,000, as an overhead and supervision fee. If Tenant requests that Landlord perform any work required herein or otherwise desired by Tenant, Tenant shall pay the cost thereof, and, in addition, Tenant shall pay to Landlord an amount equal to five percent (5%) of such cost as an overhead and supervision feelaw.

Maintenance Obligations. Tenant Subtenant shall keep assume the responsibility for and pay for all maintenance, repairs and replacements during the Term to the extent Sublandlord is obligated to perform the same to the Premises in good conditionthe Prime Lease. Further, Subtenant shall maintain the furniture in the same condition as it is in as of the Commencement Date, reasonable wear and maintaintear excepted. Notwithstanding anything contained in this Sublease to the contrary, Sublandlord shall have no obligation during the Term to provide any services of any nature whatsoever to Subtenant or to, in or for the benefit of the Premises or to expend any money for the preservation, maintenance or repair and replace as necessary, the entire exterior and interior of the Premises, specifically includingor to observe or perform any obligations of Sublandlord under this Sublease in any case where such services, without limitationexpenditures or obligations are required under the Prime Lease to be provided, all doors and windows, performed or observed by Prime Landlord for the heating, ventilating and air conditioning equipment (“HVAC”), any triple catch basins, mechanical, electrical, plumbing, sprinkler, fire and life safety, and all other Building systems, sewer, water and other utility systems, the parking area, and the foundation, roof and structure. As used herein, each and every obligation benefit of Tenant Sublandlord with respect to keep, maintain, repair and replace shall include, without limitation, all ordinary and extraordinary structural and nonstructural repairs and replacements. As to any repairs costing in excess of $100,000, and as to any replacements whatsoever, Tenant shall, in connection therewith, comply with the requirements of Article 13 hereof. Tenant shall, to the extent possible, keep the Premises from falling temporarily out of repair or deteriorating. Tenant shall further keep, repair and maintain the improvements at any time situated upon the Premises, and Subtenant agrees to look solely to Prime Landlord for the parking area furnishing of any such services, expenditure of any such sums, or observance or performance of any such obligations to which, or the benefit of which, Subtenant may be entitled under this Sublease. Notwithstanding the forgoing, Sublandlord shall use reasonable efforts, upon written notice from Subtenant, to request that Prime Landlord provide the services and all sidewalks and areas adjacent thereto, and all landscaped areas adjacent thereto, safe secure, clean and sanitary (including, without limitation, planting and replacing flowers and landscaping, and necessary interior painting and carpet cleaning), and in full compliance with all Legal Requirementsperform its obligations under the Prime Lease. Landlord reserves Sublandlord shall upon the right to inspect the roof request of Subtenant from time to time, use reasonable efforts to cause Prime Landlord to furnish such services, expend such sums, and if Landlord determines observe and perform such obligations; provided, however, that repairs Subtenant is not in default of this Sublease and has made and continues to the roof are reasonably necessary, Landlord may, but make timely payment to Sublandlord of all rent and other charges payable under this Sublease. Subtenant shall have no obligation toclaim against Sublandlord for any default by Prime Landlord under the Prime Lease. No default by Prime Landlord under the Prime Lease shall excuse Subtenant from the performance of any of its obligations to be performed under this Sublease or to any reduction in or abatement of any of the rent provided for in this Sublease, make any repairs on Tenant’s behalf at Tenant’s sole cost unless and Tenant shall pay Landlord, on written demand, only to the cost thereof and an amount equal to five percent (5%) of such cost as an overhead and supervision fee provided extent that such fee Sublandlord shall be capped at $3,000excused from the performance of a corresponding obligations as the “tenant” under the Prime Lease. If Xxxxxx fails to perform any required work hereunder, Landlord may, but Sublandlord shall have no obligation to, elect to make any or all repairs on Tenant’s behalf at Tenant’s sole cost and Tenant shall pay Landlord, on written demand, the cost thereof and an amount equal to five percent use reasonable efforts (5%) of such cost, which shall be capped at $3,000, as an overhead and supervision fee. If specifically exclude any litigation) to obtain any rent abatement or reduction in rent that Tenant requests that Landlord perform any work required herein or otherwise desired by Tenant, Tenant shall pay is entitled to under the cost thereof, and, in addition, Tenant shall pay to Landlord an amount equal to five percent (5%) of such cost as an overhead and supervision feeLease.

Maintenance Obligations. Tenant A. Lessee shall, at its own expense, keep the premises neat, clean, safe, and orderly at all times, free of waste, rubbish, and debris, and shall provide a complete and proper arrangement for the sanitary handling and disposal of all trash, garbage, and other refuse resulting from Xxxxxx’s activities at the Airport. No outside storage of parts, materials, equipment, inventory, or other materials shall be permitted. B. Lessee will at all times, at its sole cost and expense, keep and maintain in good condition, repair the interior of all buildings and maintain, repair and replace as necessary, grounds designated for the entire exterior and Lessee’s exclusive use. The maintenance of the interior of the PremisesLeased Premises shall include, specifically includingbut not be limited to, without limitationthe hangar door and the operation thereof, other entry/exit doors, ventilation filters, sprinkler systems, all doors interior walls, interior ceilings, floors/floor coverings, wiring, plumbing fixtures, and windowsother interior utility fixtures. However, the heatingLessee’s obligation for the maintenance of the exterior of the Leased Premises shall not include any repairs or replacement of the roof, ventilating foundation, or exterior walls. Lessee shall perform routine service and maintenance on all heating and air conditioning equipment (“HVAC”)and appurtenances thereto, any triple catch basins, mechanical, electrical, plumbing, sprinkler, fire and life safety, and all other Building systems, sewer, water and other utility systems, the parking area, and the foundation, roof and structure. As used herein, each and every obligation of Tenant to keep, maintain, repair and replace shall include, without limitation, all ordinary and extraordinary structural and nonstructural repairs and replacements. As to any repairs costing in excess of $100,000, and as to any replacements whatsoever, Tenant shall, in connection therewith, comply with the requirements of Article 13 hereof. Tenant shall, except to the extent possiblesuch repairs are occasioned by the negligence or fault of the Lessor. At the termination of the Lease, keep or any extension thereof, Lessee shall return the Leased Premises from falling temporarily out of repair or deteriorating. Tenant shall further keep, repair and maintain the improvements at any time situated upon the Premises, the parking area and all sidewalks and areas adjacent thereto, and all landscaped areas adjacent thereto, safe secure, clean and sanitary (including, without limitation, planting and replacing flowers and landscaping, and necessary interior painting and carpet cleaning), and in full compliance with all Legal Requirements. Landlord reserves the right to inspect the roof from time to time, and if Landlord determines that repairs to the roof are reasonably necessaryLessor in good order and condition, Landlord mayordinary wear and tear excepted. C. Lessee, but shall have no obligation to, make any repairs on Tenant’s behalf at Tenant’s its sole cost and Tenant discretion, shall pay Landlordmaintain all walkways, sidewalks, and apron access on written demandthe Leased Premises and Fuel Tanks, including to the cost thereof public taxiway or ramp area. This includes pavement maintenance, pest control, and an amount equal other such activities necessary to five percent access said areas. At no time shall snow, dirt, or other debris be piled or stored on these areas. It is the Lessee’s responsibility to keep these areas free and clear of all snow, dirt, and other debris. Lessee understands that snow removal within six (5%6) feet of such cost as an overhead the Leased Premises, Ramp, and supervision fee provided that such fee shall be capped Fuel Tanks is always the responsibility of Lessee. However, Lessor, at $3,000. If Xxxxxx fails to perform any required work hereunder, Landlord may, but shall have no obligation to, elect to make any or all repairs on Tenant’s behalf at Tenant’s its sole cost and Tenant shall pay Landlorddiscretion, on written demand, the cost thereof and an amount equal to five percent (5%) of such cost, which shall be capped at $3,000, as an overhead and supervision fee. If Tenant requests that Landlord perform any work required herein or otherwise desired by Tenant, Tenant shall pay responsible for all major repairs of the cost thereof, and, in addition, Tenant shall pay to Landlord an amount equal to five percent (5%) of such cost as an overhead and supervision feepublic areas.

Maintenance Obligations. Tenant After the Commencement Date and continuing for a twelve month period, Landlord shall, within 10 days of receiving written notice from Tenant, make or cause to be made all repairs, structural and non-structural, routine and non-routine, needed to maintain the Demised Premises, which shall keep in good conditioninclude keeping the roof and Demised Premises free of leaks, repairs to the plumbing and drainage systems (except stoppages caused by Tenant), major electrical systems, and maintain, repair and replace as necessary, the entire exterior and interior structural elements of the Premises, specifically including, without limitation, all doors and windows, the heating, ventilating and air conditioning equipment (“HVAC”), any triple catch basins, mechanical, electrical, plumbing, sprinkler, fire and life safety, and all other Building systems, sewer, water and other utility systems, the parking area, and the foundation, roof and structure. As used herein, each and every obligation of Tenant to keep, maintain, repair and replace shall include, without limitation, all ordinary and extraordinary structural and nonstructural repairs and replacements. As to any repairs costing in excess of $100,000, and as to any replacements whatsoever, Tenant shall, in connection therewith, comply with the requirements of Article 13 hereof. Tenant shall, to the extent possible, keep the Premises from falling temporarily out of repair or deteriorating. Tenant shall further keep, repair and maintain the improvements at any time situated upon the Premises, the parking area and all sidewalks and areas adjacent thereto, and all landscaped areas adjacent thereto, safe secure, clean and sanitary building (including, without limitation, planting the roof, exterior and replacing flowers bearing walls of the building, support beams, foundations, columns and landscapinglateral supports) (collectively “Landlord Repairs”). Landlord hereby covenants and agrees that in conducting the Landlord Repairs, Landlord shall (i) obtain Tenant’s prior written approval (which approval shall not be unreasonably withheld, delayed or conditioned) of the timing, methods, scope, and necessary interior painting phasing of such Landlord Repairs, (ii) reimburse Tenant for all costs and carpet cleaning)expenses incurred by Tenant for using a third party contractor to conduct the Landlord Repairs, if Landlord has not commenced the Landlord Repairs within 10 days of receiving written notice of such Landlord Repairs and (ii) use reasonable efforts not to interfere with the use and operation of the Demised Premises by Tenant in full compliance with all Legal Requirementsconducting the Landlord Repairs. Upon the expiration of the abovementioned twelve month period, Tenant will be responsible for Landlord Repairs excepting the roof and structural elements. Landlord reserves will obtain at its sole expense a five year warranty on the right to inspect the roof from time to timeheating, ventilation and if Landlord determines that repairs to the roof are reasonably necessary, Landlord may, but shall have no obligation to, make any repairs on Tenant’s behalf at Tenant’s sole cost and air conditioning system. Tenant shall pay obtain a service contract from a licensed HVAC contractor covering the 13th month following the Commencement Date until the expiration or earlier termination of the Lease including any Option to Renew. For example: If the Commencement Date is 1-1-00, then Tenant must secure a service contract to cover February of 2001 until the expiration. If the HVAC malfunctions in the first twelve months, all responsibility for repairs are with the Landlord, on written demand. If the unit(s) malfunctions in the thirteenth month through the sixtieth month of installation of the above said manufactures warranty, the cost thereof and an amount equal manufactures warranty will be in place to five percent (5%) of such cost as an overhead and supervision fee provided that such fee shall be capped at $3,000cover major repairs if Tenant has secured a maintenance contract. If Xxxxxx fails to perform any required work hereunder, Landlord may, but shall have no obligation to, elect to make any or all repairs on Tenant’s behalf at Tenant’s sole cost and Tenant shall pay Landlord, on written demand, After the cost thereof and an amount equal to five percent (5%) of such cost, which shall be capped at $3,000, as an overhead and supervision fee. If Tenant requests that Landlord perform any work required herein or otherwise desired by Tenantsixtieth month, Tenant shall pay the cost thereof, and, in addition, Tenant shall pay to Landlord an amount equal to five percent (5%) of such cost as an overhead will rely exclusively upon his HVAC maintenance provider for service and supervision feerepairs.