Common use of Maintenance Repairs and Alterations Clause in Contracts

Maintenance Repairs and Alterations. Lessee, at Lessee's expense, shall provide the routine maintenance for the heating and air conditioning systems, plumbing and electrical. So long as no failure or needed repair is due to lack of maintenance, Lessor shall keep in good order, condition and repair the heating and ventilating systems, hot water heater, plumbing and electrical systems. Lessor shall maintain the exterior walls and surfaces including painting. Lessor shall also maintain the exterior roof and structural integrity of the premises. Lessor shall provide snow removal. Lessor shall keep in good repair the asphalt and concrete of the sidewalks and parking areas. Lessee, at Lessee's sole cost and expense, shall keep the interior premises in good order, condition and repair. If Lessee fails to perform Lessee's obligations under this paragraph, Lessor may at Lessor's option, enter upon the premises after 15 days' prior written notice to Lessee (except in the case of emergency, in which case no notice shall be required), perform such obligations on Lessee's behalf and put the premises in good order, condition and repair, and the cost thereof, together with interest thereon at the maximum rate then allowable by law, shall be due and payable as additional rent to Lessor with Lessee's next rental installment. On the last day of the term hereof, or on any sooner termination, Lessee shall surrender the premises to Lessor in the same condition as received, clean and free of debris, but obsolescence, ordinary wear and tear and damage by fire or the elements excepted. Lessee shall repair any damage to the premises occasioned by the installation or removal of its trade fixtures, furnishings and equipment.

Maintenance Repairs and Alterations. Lessee7.1 Any alterations, at Lessee's expenseadditions or improvements to the leased premises shall require the prior written approval of Lessor, which approval shall provide not be unreasonably withheld. Any such alterations to the routine maintenance for leased premises shall be subject to the heating following conditions: (i) any such alterations shall be fully disclosed and air conditioning systemsrequire the prior approval of Lessor; (ii) such alterations shall not adversely affect or alter the mechanical, electrical, plumbing or utility systems in the premises without prior approval of Lessor; and electrical(iii) any such alterations shall comply with all applicable governmental regulations and laws, as well as the design criteria or other requirements (if any) provided by Lessor. So long as no failure All alterations, additions and improvements provided for herein shall become, upon completion, the property of Lessor subject to the terms of this Lease; however, if Lessor so elects, upon expiration or needed repair is due to lack earlier termination of maintenancethis Lease, Lessee upon demand by Lessor shall keep promptly remove all alterations, additions and improvements and any other property placed in the premises by Lessee and Lessee shall be responsible for repair and/or payment of any damages caused by such removal. 7.2 Subject to the other terms of this lease, Lessee shall keep, maintain, and preserve the leased premises in a state of good orderrepair, condition including, but not limited to, replacement of any broken windows or other property damage to the leased premises, as well as trade fixtures and repair equipment used in the heating and ventilating systems, hot water heater, plumbing and electrical systemsordinary course of business. Lessor shall maintain all heating and cooling systems in a state of good repair, at Lessor’s expense, unless any breakdown, malfunction or problem with any system is caused by the exterior walls negligence or misuse of Lessee or its employees, licensees or invitees. 7.3 Lessee shall not create, permit to be created, or to remain uncontested, and surfaces including painting. Lessor shall also maintain the exterior roof and structural integrity of will discharge any lien, including, but not limited to, any mechanic’s or materialmen’s liens on the premises. If Xxxxxx contests any such lien(s), Lessee covenants that it will promptly take and diligently prosecute appropriate action to have the same discharged by payment, bonding or otherwise, and will indemnify and safe and hold Lessor shall provide snow removal. Lessor shall keep in good repair harmless from any and all liability whatsoever to any contractor, sub-contractor, materialmen, laborer or any other person relating to or arising because of any improvement or alteration on or to the asphalt leased premises and concrete will also defend on behalf of the sidewalks and parking areas. LesseeLessor, at Lessee's Xxxxxx’s sole cost and expense, shall keep the interior premises in good orderany action, condition and repair. If Lessee fails to perform Lessee's obligations under this paragraph, Lessor may at Lessor's option, enter upon the premises after 15 days' prior written notice to Lessee (except in the case of emergency, in which case no notice shall be required), perform such obligations on Lessee's behalf and put the premises in good order, condition and repair, and the cost thereof, together with interest thereon at the maximum rate then allowable by law, shall be due and payable as additional rent to Lessor with Lessee's next rental installment. On the last day of the term hereofsuit, or on proceeding which may be brought for the enforcement of any sooner termination, Lessee shall surrender the premises to Lessor in the same condition as received, clean and free of debris, but obsolescence, ordinary wear and tear and damage by fire or the elements excepted. Lessee shall repair any damage to the premises occasioned by the installation or removal of its trade fixtures, furnishings and equipmentsuch lien.

Maintenance Repairs and Alterations. LesseeSection 8.1 Micron's Obligations ----------- -------------------- (a) Except as provided in subsection (b) below, Micron shall not be obligated or required at any time to maintain or repair the Premises or any leasehold improvements thereon or bear any part of the expense of any improvement, alteration or change of any nature in or about the Premises or any part thereof. (b) Notwithstanding the provisions of subsection (a) above or anything else to the contrary contained in this Lease, for a period [****], Micron shall, at LesseeMicron's sole cost and expense, promptly repair or replace, or cause to be repaired or replaced, any portion of Micron's Work which shall provide be materially defective. Such repair or replacement shall be commenced within a reasonable period after Micron's receipt of written notice from Photronics of the routine maintenance need for such work, but only if such notice is given within such [****] and shall be completed regardless of any claim by Micron against any contractor whether under a warranty or otherwise. For the heating purposes of this subsection: (i) Micron may satisfy its obligation pursuant to this subsection by causing Micron's general contractor or any subcontractor who has provided a warranty or guaranty to perform such repair or replacement. Micron shall use commercially reasonable efforts to obtain commercially standard warranties under its construction contract at no additional cost therefor. (ii) The provisions of this subsection shall not apply to any damage to Micron's Work caused by Photronics, any employee, agent or contractor of Photronics, any business visitor or guest of Photronics, any vandal or any casualty (fire, wind, rain, lightning, etc.). Micron's obligations hereunder shall be limited to defects in the original construction, repair or replacement (without extending the original [****] warranty period) of Micron's Work. Upon the expiration of the [****] specified in this subsection, Micron shall, upon request of Photronics, assign to Photronics all warranties and air conditioning systemsguaranties received by Micron with respect to Micron's Work to the extent assignable by, plumbing and electrical. So long as no failure or needed repair is due without cost to, Micron. Section 8.2 Photronics' Obligations ----------- ----------------------- (a) Subject to lack the provisions of maintenanceSection 8.1 and Article X, Lessor Photronics shall (i) from and after the Lease Commencement Date keep in good order, condition and repair (excepting only reasonable wear and tear) all of the heating Premises and ventilating systemsall leasehold improvements thereon and every part thereof, hot water heaterincluding the Building, plumbing Mask Shop Equipment, furnishings and electrical systemsother personal property of Photronics, and all landscaped and parking areas (which shall be kept free of weeds and debris). Lessor Photronics shall promptly at Photronics' own cost and expense make all necessary repairs and replacements, interior and exterior, structural and nonstructural, ordinary and extraordinary, foreseen and unforeseen, as necessary to maintain the exterior walls Premises and surfaces including paintingall leasehold improvements thereon and every part thereof, in good condition and, prior to the [****], such that full Qualification can be and is maintained. Lessor Photronics shall also maintain provide whatever treatment may be necessary, as often as may be required, to keep the exterior Premises and all leasehold improvements thereon and every part thereof neat and attractive. Photronics' maintenance and repair obligations pursuant to this subsection shall specifically include the roof and structural integrity roof membrane of the premisesBuilding. Lessor shall provide snow removal. Lessor shall keep in good repair the asphalt and concrete In furtherance of the sidewalks foregoing, Photronics shall at all times during the term of this Lease maintain in effect a maintenance contract covering the heating, ventilating and parking areas. Lesseeair-conditioning equipment serving the Building with a maintenance firm and containing such service requirements as shall be reasonably acceptable to Micron. (b) If Photronics fails to perform its obligations under this Section 8.2, Micron may at Lessee's sole cost its option, after thirty (30) days written notice to Photronics and expensefailure of Photronics to perform such obligations within such thirty (30) day period, shall keep enter upon the interior premises Premises and put the same in good order, condition and repair. If Lessee fails to perform Lessee's obligations under this paragraph, Lessor may at Lessor's option, enter upon the premises after 15 days' prior written notice to Lessee (except in the case of emergency, in which case no notice shall be required), perform such obligations on Lessee's behalf and put the premises in good order, condition and repair, repair and the cost thereof, together with interest thereon at the maximum rate then allowable by law, thereof shall be become due and payable as additional rent by Photronics to Lessor with Lessee's next rental installmentMicron upon demand. On Micron need not, however, wait for the last expiration of such thirty (30) day of the term hereof, period to remedy any condition which poses a danger to persons or on any sooner termination, Lessee shall surrender the premises to Lessor property or which will or may result in the same condition as received, clean and free imposition of debris, but obsolescence, ordinary wear and tear and damage by fire a fine or the elements excepted. Lessee shall repair any damage penalty upon Micron if not cured prior to the premises occasioned by the installation or removal expiration of its trade fixtures, furnishings and equipmentsuch period.

Maintenance Repairs and Alterations. Lessee7.1 Throughout the term, Tenant shall, at Lessee's expense, shall provide the routine maintenance for the heating and air conditioning systems, plumbing and electrical. So long as no failure or needed repair is due to lack of maintenance, Lessor shall keep in good order, condition and repair the heating and ventilating systems, hot water heater, plumbing and electrical systems. Lessor shall maintain the exterior walls and surfaces including painting. Lessor shall also maintain the exterior roof and structural integrity of the premises. Lessor shall provide snow removal. Lessor shall keep in good repair the asphalt and concrete of the sidewalks and parking areas. Lessee, at LesseeTenant's sole cost and expense, shall keep maintain the interior premises Premises in good order, condition and repair. If Lessee fails to perform Lessee's obligations under this paragraph, Lessor may at Lessor's option, enter upon the premises after 15 days' prior written notice to Lessee (except in the case of emergency, in which case no notice shall be required), perform such obligations on Lessee's behalf and put the premises in good order, condition and repair, and the cost thereof, together with interest thereon at the maximum rate then allowable by law, shall be due and payable as additional rent to Lessor with Lessee's next rental installment. On the last day of the term hereof, or on any sooner termination, Lessee shall surrender the premises to Lessor in the same condition as received, clean and free of debris, but obsolescence, ordinary wear and tear and damage by fire excepted, in accordance with all Laws; provided, however, that subject to the provisions of any Project Lender's Loan Documents, Tenant shall not be required to repair, restore or the elements excepted. Lessee shall repair remedy any damage to or destruction of the premises occasioned Facilities, and may instead elect to raze the improvements so damaged or destroyed, and provided further, that following any such razing, Tenant shall be entitled to terminate this Lease and the obligation to pay rent contained herein, so long as Tenant complies with Section 7.4 hereof. 7.2 Tenant shall be free to make any alterations or additions to the Premises, and may from time to time construct any Increased Capacity Improvements and any other improvements permitted under Section 6.1 hereof, subject to the following: 7.2.1 Tenant shall pay when due, all claims for labor or materials furnished to or for Tenant at or for use on the Premises, which claims are or may be secured by any mechanic's or materialmen's lien against the Premises, and shall indemnify and defend Landlord against any such liens or claims of lien. 7.2.2 If Tenant shall, in good faith, contest the validity of any lien, claim or demand, then Tenant shall, at its sole expense, defend itself and Landlord against the same and shall pay and satisfy any adverse judgment that may be rendered thereon before the enforcement thereof against Landlord or the Premises, upon the condition that if Landlord shall require, Tenant shall furnish to Landlord a surety bond satisfactory to Landlord in an amount equal to such contested lien claim or demand, indemnifying Landlord against liability for the same and holding the Premises free from the effect of such lien or claim. 7.3 Notwithstanding any other provision of this Lease, the Facilities, any Increased Capacity Improvements and any of Tenant's other fixtures and personal property, whether or not affixed to the Premises, shall be deemed severed from and not a part of the underlying real property and shall not merge therewith, and shall remain the property of Tenant at all times during and after the term of this Lease, and may be removed by Tenant from the Premises; and all insurance proceeds received in connection with any damage to or destruction of the Facilities, any Increased Capacity Improvements and/or such other property shall belong exclusively to Tenant. 7.4 Within a reasonable period of time (not to exceed one hundred and eighty (180) days) after the expiration or earlier termination of the term of this Lease, Tenant shall, in accordance with good operating practice and in compliance with Law, (a) remove from the Premises the Facilities, any Increased Capacity Improvements and any and all other facilities, structures, pipelines, machinery, equipment, fixtures and personal property (except xxxxx and casings) located on the Premises, (b) level and fill all sump holes and mud pits and cap or plug any xxxxx constructed or drilled on the Premises, (c) to the extent reasonably practicable, demolish and remove all foundations, fix all excavations, return the Premises to grade, and leave the Premises safe and free from debris and (d) surrender the Premises to Landlord in good condition and repair, ordinary wear and tear excepted. Notwithstanding the foregoing, Tenant shall not be required to remove from the Premises any facilities, structures, pipelines, machinery, equipment and other fixtures or personal property installed or constructed by, or take any other actions required in this Section 7.4 with respect to the property or activities of, Magma Land or any Transferee (as that term is defined in the Geothermal Lease) other than Salton Sea Brine Processing L.P., in each case to the extent such installation, construction and operations were conducted pursuant to the rights reserved to Magma Land under the Geothermal Lease. 7.5 Tenant shall maintain and repair, in accordance with reasonable engineering standards, all those dikes and levees on the Premises, if any, which Tenant is from time to time expressly required to maintain and repair pursuant to any applicable permit issued by the installation County of Imperial in connection with Tenant's operations, and Landlord assumes no responsibility therefor; provided, however, that Landlord shall maintain and repair, in accordance with reasonable engineering standards, all dikes and levees on other property of Landlord in the vicinity of the Premises (except those dikes and levees which Magma Land is required to maintain and repair pursuant to the provisions of the Geothermal Lease), and Tenant assumes no responsibility therefor. 7.6 Tenant shall be entitled, without charge, to use in connection with its operations or removal for maintaining or repairing any dike or levee, any earth or rock located on the Premises; provided, however, that notwithstanding Section 7.4 hereof, Tenant shall not be responsible for fixing any excavations or returning the Premises to grade to the extent that (a) such use of earth or rock was for the purpose of maintaining or repairing any dike or levee or (b) soils were taken or utilized by Landlord under Section 7.7 hereof. 7.7 Landlord reserves the right to enter the Premises and to take and utilize the soils contained therein as fill for flood control purposes, at no charge to Landlord; provided, however, that (a) in exercising its trade fixturesrights under this Section 7.7, furnishings Landlord shall not interfere with or cause any material delay, or increase in the cost of, Tenant's operations on the Premises and equipment(b) Landlord shall indemnify, defend and hold harmless Tenant from and against any and all Damages, whether or not arising out of third-party claims, which may be imposed upon or incurred by Tenant or asserted against Tenant by any other Person, arising out of or attributable to such entry and use of such soils by Landlord. Without limiting the generality of the foregoing, Landlord shall not take or use any soil from any portion of the Premises which, at the time of such entry by Landlord, is being used as, or has been set aside for, the site of any facilities, well pads or other improvements, nor shall Landlord's use of such soils impair the lateral or subjacent support for any such site. In the event of any conflict between the rights of Landlord to take and utilize soils under this Section 7.7 and the rights of Tenant to use earth or rock under Section 7.6 hereof, the rights of Landlord under this Section 7.7 shall take priority. 7.8 Notwithstanding any other provision of this Lease, each party hereto hereby waives any claim against the other party hereto for Damages caused by any change or changes in the level of the Salton Sea; provided, however, that such waiver shall not apply to Damages which may be imposed upon or incurred by a party hereto or asserted against a party hereto by a third Person, arising out of or attributable to the gross negligence or intentional acts or omissions of the other party hereto or the failure of such other party to perform its obligations under Section 7.5 hereof. The parties hereto agree that such waiver shall include, without limitation, Damages caused by flooding, seepage or other circumstances attributable to any change or changes in the level of the Salton Sea, and that such waiver is part of the consideration under this Lease.

Maintenance Repairs and Alterations. Lessee, at Lessee's expense, shall provide Lessee acknowledges that Lessee has been given every reasonable opportunity to inspect the routine maintenance for the heating and air conditioning systems, plumbing and electrical. So long as no failure or needed repair is due to lack of maintenance, Lessor shall keep in good order, condition and repair the heating and ventilating systems, hot water heater, plumbing and electrical systems. Lessor shall maintain the exterior walls and surfaces including painting. Lessor shall also maintain the exterior roof and structural integrity of the premises. Lessor shall provide snow removal. Lessor shall keep in good repair the asphalt and concrete of the sidewalks and parking areas. Lessee, at Lessee's sole cost and expense, shall keep the interior premises in good order, condition and repair. If Lessee fails to perform Lessee's obligations under this paragraph, Lessor may at Lessor's option, enter upon the premises after 15 days' prior written notice to Lessee (except in the case of emergency, in which case no notice shall be required), perform such obligations on Lessee's behalf and put the premises in good order, condition and repairPremises, and the cost thereofPremises are in good order and repair and which Lessee accepts "as is. " Lessee shall, together with interest thereon at his own expense and at all times, maintain the maximum rate then allowable by lawPremises in a good and safe condition, shall be due and payable as additional rent to Lessor with Lessee's next rental installment. On including the last day interior of the term hereofPremises and all fixtures situated thereon and the ballasts for said fixtures. Lessee shall, or on any sooner upon termination, Lessee shall surrender the premises to Lessor Premises in the same as good condition as received, clean and free of debris, but obsolescence, ordinary normal wear and tear and damage by fire excepted. Except as specifically set forth herein, no improvement or alteration of the elements exceptedPremises shall be made without the prior written consent of the Lessor. Prior to the commencement of any substantial repair, improvement, or alteration, Lessee shall give Lessor at least ten (10) days written notice in order that Lessor may post appropriate notices to avoid any liability tor liens. Lessee shall repair not commit any damage waste upon the Premises, or any nuisance or act, which may disturb the peace and quiet of the community. Upon termination of the Lease, the Lessee, upon request by the Lessor, will be responsible for restoration of all renovations that alter the building from its condition on the day of occupancy. These restorations shall be at the sole expense of the Lessee, and should the Lessor be required to perform any of the duties of the Lessee hereunder, then such funds expended by the Lessor in fulfilling the obligations of the Lessee shall bear interest at the rate of eighteen percent (18\) per annum from the date of expenditure until reimbursed to the premises occasioned Lessor by the installation or removal of its trade fixtures, furnishings and equipmentLessee.

Maintenance Repairs and Alterations. (a) Lessee hereby accepts the premises in the condition it is in at the beginning of this lease and agrees to maintain said premises in the same condition, order and repair as it exists at the commencement of said term, excepting only reasonable wear and tear arising from the use thereof under this agreement, and to make good to said Lessor immediately upon demand, any damage to water apparatus, or electric lights or any fixture, appliances or appurtenances of said premises, or of the building, caused by any act or neglect of Lessee, at Lessee's expense, shall provide or of any person or persons in the routine maintenance for employ or under the heating and air conditioning systems, plumbing and electrical. So long as no failure or needed repair is due to lack of maintenance, Lessor shall keep in good order, condition and repair the heating and ventilating systems, hot water heater, plumbing and electrical systems. Lessor shall maintain the exterior walls and surfaces including painting. Lessor shall also maintain the exterior roof and structural integrity control of the premises. Lessor shall provide snow removal. Lessor shall keep in good repair the asphalt and concrete of the sidewalks and parking areas. Lessee, at Lessee's sole cost and expense, shall keep the interior premises in good order, condition and repair. lease. (b) If Lessee fails to perform Lessee's obligations under this paragraphParagraph or under any other paragraph of this Lease, Lessor may at Lessor's option, option enter upon the premises Premises after 15 days' three (3) days prior written notice to Lessee (except in the case of emergency, in which case no notice shall be required), perform such obligations on Lessee's behalf and put the premises Premises in good order, condition condition, and repair, and the cost thereof, thereof together with interest thereon at the maximum rate then allowable by law, law shall be due and payable as additional rent to Lessor together with Lessee's next rental installment. . (c) On the last day of the term hereof, or on any sooner termination, Lessee shall surrender the premises Premises to Lessor in the same condition as receivedacknowledged hereinabove, ordinary wear and tear excepted, clean and free of debris, but obsolescence, ordinary wear and tear and damage by fire or the elements excepted. Lessee shall repair any damage to the premises Premises occasioned by the installation or removal of its trade fixtures, furnishings furnishings, and equipment.

Maintenance Repairs and Alterations. 7.1 Lessor's obligations. -------------------- (a) Subject to the provisions of sections 5, 7.2 and 11 and except for damage caused by any negligent act of the Lessee, Lessee's agents, employees, or invitees, Lessor, at LesseeLessor's expense, shall provide the routine maintenance for the heating and air conditioning systems, plumbing and electrical. So long as no failure or needed repair is due to lack of maintenance, Lessor shall keep in good good, safe and sanitary order, condition and repair the heating foundation, the main plumbing leading into the Building and ventilating systemsinto the Premises, hot water heaterthe exterior walls, plumbing windows, doors and roof of the Building and the exterior walls of the Premises, the paving and outside walks and parking lot, and the structural parts of the Building; and Lessor shall not do anything to interfere with or otherwise interrupt the continued accessibility and operation of the utilities to and sewage and drainage of the Building and Premises, including all service facilities such as air-conditioning, heating, electrical systemsand lighting facilities. Lessor warrants that the HVAC systems are and shall continue to be in good operating condition and shall be repaired and maintained at Lessor's sole cost; and Lessor to maintain the shrubbery and lawns adjacent to the Building. Lessor shall maintain have the exterior walls and surfaces including paintingobligation to make repairs under this Section 7.1 within thirty (30) days after receipt of written notice of the actual need for such repairs. Lessor shall also maintain further, at its sole expense, provide for sufficient and timely trash removal from the exterior roof Building and structural integrity the parking areas and walk-ways leading to the Building, and to insure the Building and the Premises are free from pests and any infestations during the Term. (b) Lessee shall provide Lessor with written notice of the premises. any violation and Lessor shall provide snow removal. have thirty (30) days to cure, or if the cure cannot be completed within thirty (30) days then Lessor shall keep not be in good repair default if Lessor commences performance within such thirty (30) day period and thereafter diligently prosecutes the asphalt and concrete of the sidewalks and parking areas. Lessee, at Lessee's sole cost and expense, shall keep the interior premises in good order, condition and repairsame to completion. If Lessee Lessor fails to perform LesseeLessor's obligations under this paragraphSection 7.1, Lessor Lessee may at LessorLessee's option, enter upon the premises after 15 days' prior written notice to Lessee (except in the case of emergency, in which case no notice shall be required), option perform such obligations on LesseeLessor's behalf and put the premises Building and/or Premises in good order, condition and repair, and the cost thereof, thereof together with interest thereon at prime for monies expended by the Lessee for such cure from the date of disbursement to the date of xxxx- bursement or reduction of rental payments as provided herein, shall, at the maximum rate then allowable by lawoption of the Lessee, shall be due and payable as additional immediately reimbursed to Lessee or be a reduction of rent to Lessor commencing with the Lessee's next rental installment. On the last day of the term hereof, or on any sooner termination, Lessee shall surrender the premises to Lessor in the same condition installment and continuing as received, clean a rental reduction adjustment until such cost and free of debris, but obsolescence, ordinary wear and tear and damage by fire or the elements excepted. Lessee shall repair any damage to the premises occasioned by the installation or removal of its trade fixtures, furnishings and equipmentinterest is fully satisfied.

Maintenance Repairs and Alterations. Lessee7.1. Tenant shall maintain and make all repairs, at Lessee's expensealterations and replacements (internal and external, including structural) necessary to maintain the Premises in good condition and in compliance with all applicable laws, regulations, ordinances and codes (all as reasonably determined by Landlord from time to time) and shall provide surrender the routine maintenance Premises when required by this Lease in like condition as when taken, reasonable use and wear and fully insured casualties excepted. Tenant shall also be responsible for all repairs and replacements to the heating and air conditioning systems, plumbing and electrical. So long as no failure or needed repair is Premises required due to lack the neglect or willful act of Tenant, its employees, agents, contractors or invitees. Landlord may perform any of Tenant’s maintenance, Lessor repair or replacement responsibilities if, after reasonable written notice to Tenant, Tenant has not promptly completed such and Tenant shall keep reimburse Landlord in good orderthe amount of 115% of all costs incurred within ten (10) days after receipt of Landlord’s invoice. All such invoices shall constitute Payment Obligations. 7.2. Tenant shall not make any structural alterations, condition improvements and additions (including signage) of any kind to the Premises in excess of $25,000 per item without Landlord’s prior written consent, which shall not be unreasonably withheld. All alterations, improvements and additions which are not movable trade fixtures shall be the property of Landlord and shall remain upon and be surrendered with the Premises, unless Landlord requests removal, in which case Tenant shall remove the designated alterations, improvements and additions and repair any damages resulting from such removal. 7.3. Tenant shall not use, store, generate, treat, or dispose of any Hazardous Substance (as defined below) on the heating and ventilating systemsPremises or in, hot water heateron or about the Premises, plumbing and electrical systemsor cause, suffer, or permit the same to be done by any person, except in full compliance with all Environmental Laws (as defined below). Lessor This provision shall maintain the exterior walls and surfaces including painting. Lessor shall also maintain the exterior roof and structural integrity of not apply to migration from off site sources onto the premises. Lessor “Hazardous Substance” means any substance, the manufacture, use, treatment, storage, transportation, or disposal of which is considered hazardous or is regulated by any law or regulation having as its object the protection of public health, natural resources, or the environment, including, by way of illustration only and not as a limitation, the following: the Resource Conservation and Recovery Act; the Comprehensive Environmental Response, Compensation and Liability Act; the Toxic Substances Control Act; the Federal Water Pollution Control Act; the Michigan Water Resources Commission Act; and the Michigan Solid Waste Management Act; as each of such acts shall provide snow removalbe amended, from time to time (“Environmental Laws”). Lessor shall keep In the event that any Hazardous Substance is discovered to exist on or in good repair or have been generated, disposed or released from the asphalt Premises by Tenant, including any now existing, and concrete of whether such discovery is made during the sidewalks and parking areas. LesseeTerm or at any later time, Tenant shall, at Lessee's its sole cost and expense, take all steps necessary to remove and properly dispose of such Hazardous Substance and cleanup or repair any resulting contamination or damage in full compliance with all Environmental Laws (this provision shall keep not apply to migration from off site sources onto the interior premises site). Tenant shall defend, indemnify and hold Landlord harmless from and against any liabilities, including judgments, court costs, and actual attorney fees claimed or asserted against or sustained by Landlord, and any damages suffered by Landlord, including any decrease in good ordervalue of the Premises, condition and repairresulting from Tenant’s failure to fully comply with the provisions of this Section. If Lessee fails to perform Lessee's The obligations of Tenant under this paragraph, Lessor may at Lessor's option, enter upon Section shall survive the premises after 15 days' prior written notice to Lessee (except in the case expiration or other termination of emergency, in which case no notice shall be required), perform such obligations on Lessee's behalf and put the premises in good order, condition and repair, and the cost thereof, together with interest thereon at the maximum rate then allowable by law, shall be due and payable as additional rent to Lessor with Lessee's next rental installment. On the last day of the term hereof, or on any sooner termination, Lessee shall surrender the premises to Lessor in the same condition as received, clean and free of debris, but obsolescence, ordinary wear and tear and damage by fire or the elements excepted. Lessee shall repair any damage to the premises occasioned by the installation or removal of its trade fixtures, furnishings and equipmentthis Lease.