Common use of Maintenance Repairs and Alterations Clause in Contracts

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, or of any person or persons in the employ or under the control of the lease. (b) If Lessee fails to perform Lessee's obligations under this Paragraph or under any other paragraph of this Lease, Lessor may at Lessor's option enter upon the Premises after 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 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 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 to Lessor in the same condition as acknowledged hereinabove, ordinary wear and tear excepted, clean and free of debris. 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. 7.1. Tenant shall maintain and make all repairs, alterations and replacements (ainternal and external, including structural) Lessee hereby accepts the premises in the condition it is in at the beginning of this lease and agrees necessary to maintain said premises 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 surrender the same conditionPremises when required by this Lease in like condition as when taken, order reasonable use 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, fully insured casualties excepted. Tenant shall also be responsible for all repairs and replacements 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, or of any person or persons in the employ or under the control of the lease. (b) If Lessee fails to perform Lessee's obligations under this Paragraph or under any other paragraph of this Lease, Lessor may at Lessor's option enter upon the Premises required due to the neglect or willful act of Tenant, its employees, agents, contractors or invitees. Landlord may perform any of Tenant’s maintenance, repair or replacement responsibilities if, after three (3) days prior reasonable written notice to Lessee (except Tenant, Tenant has not promptly completed such and Tenant shall reimburse Landlord in the case amount of emergency115% 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, 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 no notice 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 Premises or in, on or about the Premises, or cause, suffer, or permit the same to be done by any person, except in full compliance with all Environmental Laws (as defined below). This provision shall not apply to migration from off site sources onto the premises. “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 be requiredamended, from time to time (“Environmental Laws”). In the event that any Hazardous Substance is discovered to exist on or in or have been generated, perform such obligations on Lessee's behalf and put disposed or released from the Premises in good orderby Tenant, conditionincluding any now existing, and repairwhether such discovery is made during the Term or at any later time, Tenant shall, at 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 not apply to migration from off site sources onto the site). Tenant shall defend, indemnify and hold Landlord harmless from and against any liabilities, including judgments, court costs, and the cost thereof together with interest thereon at the maximum rate then allowable actual attorney fees claimed or asserted against or sustained by law shall be due Landlord, and payable as additional rent to Lessor together with Lessee's next rental installment. (c) On the last day any damages suffered by Landlord, including any decrease in value of the term hereofPremises, resulting from Tenant’s failure to fully comply with the provisions of this Section. The obligations of Tenant under this Section shall survive the expiration or on any sooner termination, Lessee shall surrender the Premises to Lessor in the same condition as acknowledged hereinabove, ordinary wear and tear excepted, clean and free other termination of debris. Lessee shall repair any damage to the Premises occasioned by the installation or removal of its trade fixtures, furnishings, and equipmentthis Lease.

Maintenance Repairs and Alterations. (a) Lessee hereby accepts 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 the good order, 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, or of any person or persons in the employ or under the control of the lease. (b) repair. If Lessee fails to perform Lessee's obligations under this Paragraph or under any other paragraph of this Leaseparagraph, Lessor may at Lessor's option option, enter upon the Premises premises after three (3) days 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 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 acknowledged hereinabove, ordinary wear and tear exceptedreceived, 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. Section 8.1 Micron's Obligations ----------- -------------------- (a) Lessee hereby accepts Except as provided in subsection (b) below, Micron shall not be obligated or required at any time to maintain or repair the premises 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 Micron's sole cost and expense, promptly repair or replace, or cause to be repaired or replaced, any portion of Micron's Work which shall 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 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 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 guaranties received by Micron with respect to Micron's Work to the extent assignable by, and without cost to, Micron. Section 8.2 Photronics' Obligations ----------- ----------------------- (a) Subject to the provisions of Section 8.1 and Article X, Photronics shall (i) from and after the Lease Commencement Date keep in good order, 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 tear) all of the use thereof under this agreementPremises and all leasehold improvements thereon and every part thereof, including the Building, Mask Shop Equipment, furnishings and other personal property of Photronics, and all landscaped and parking areas (which shall be kept free of weeds and debris). 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 make maintain the Premises and all leasehold improvements thereon and every part thereof, in good condition and, prior to said Lessor immediately upon demandthe [****], any damage such that full Qualification can be and is maintained. Photronics shall provide whatever treatment may be necessary, as often as may be required, to water apparatus, or electric lights or any fixture, appliances or appurtenances of said premises, or keep the 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 roof membrane of the building, caused by any act or neglect of Lessee, or of any person or persons in the employ or under the control Building. In furtherance of the leaseforegoing, Photronics shall at all times during the term of this Lease maintain in effect a maintenance contract covering the heating, ventilating and air-conditioning equipment serving the Building with a maintenance firm and containing such service requirements as shall be reasonably acceptable to Micron. (b) If Lessee Photronics fails to perform Lessee's its obligations under this Paragraph or under any other paragraph of this LeaseSection 8.2, Lessor Micron may at Lessor's option its option, after thirty (30) days written notice to Photronics and failure of Photronics to perform such obligations within such thirty (30) day period, enter upon the Premises after 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 same in good order, condition, condition and repair, repair and the cost thereof together with interest thereon at the maximum rate then allowable by law shall be become due and payable as additional rent by Photronics to Lessor together with Lessee's next rental installment. Micron upon demand. Micron need not, however, wait for the expiration of such thirty (c30) On the last 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 acknowledged hereinabove, ordinary wear and tear excepted, clean and free imposition of debris. Lessee shall repair any damage a fine or 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. (a) Lessee hereby accepts acknowledges that Lessee has been given every reasonable opportunity to inspect the premises Premises, and the Premises are in the condition it is in at the beginning of this lease and agrees to maintain said premises in the same condition, good order and repair and which Lessee accepts "as it exists is. " Lessee shall, at the commencement of said termhis own expense and at all times, 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, or of any person or persons in the employ or under the control of the lease. (b) If Lessee fails to perform Lessee's obligations under this Paragraph or under any other paragraph of this Lease, Lessor may at Lessor's option enter upon the Premises after 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 maintain the Premises in a good order, and safe condition, including the interior of the Premises and repair, all fixtures situated thereon 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 together with Lessee's next rental installment. (c) On the last day of the term hereofballasts for said fixtures. Lessee shall, or on any sooner upon termination, Lessee shall surrender the Premises to Lessor in the same as good condition as acknowledged hereinabovereceived, ordinary normal wear and tear excepted. Except as specifically set forth herein, clean and free no improvement or alteration of debristhe Premises 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 7.1 Throughout 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 Tenant shall, at Tenant's sole cost and tear arising from the use thereof under this agreementexpense, 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, or of any person or persons in the employ or under the control of the lease. (b) If Lessee fails to perform Lessee's obligations under this Paragraph or under any other paragraph of this Lease, Lessor may at Lessor's option enter upon the Premises after 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 maintain the Premises in good order, condition, 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 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 to Lessor in the same condition as acknowledged hereinabove, ordinary wear and tear excepted, clean and free in accordance with all Laws; provided, however, that subject to the provisions of debris. Lessee any Project Lender's Loan Documents, Tenant shall repair not be required to repair, restore or remedy any damage to or destruction of the 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 occasioned 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 or removal County of its trade fixtures, furnishingsImperial in connection with Tenant's operations, and equipmentLandlord 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 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 rights under this Section 7.7, Landlord shall not interfere with or cause any material delay, or increase in the cost of, Tenant's operations on the Premises and (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. 7.1 Lessor's obligations. -------------------- (a) Lessee hereby accepts Subject to the premises 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 Lessor's expense, shall keep in good, safe and sanitary order, condition and repair the foundation, the main plumbing leading into the Building and into the Premises, the exterior walls, 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 and lighting facilities. Lessor warrants that the HVAC systems are and shall continue to be in good operating condition it is in and shall be repaired and maintained at the beginning of this lease Lessor's sole cost; and agrees Lessor to maintain said premises in the same conditionshrubbery and lawns adjacent to the Building. Lessor shall have the obligation 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 further, order at its sole expense, provide for sufficient and repair as it exists at the commencement of said term, excepting only reasonable wear and tear arising timely trash removal from the use thereof under this agreementBuilding and the parking areas and walk-ways leading to the Building, and to make good to said Lessor immediately upon demand, insure the Building and the Premises are free from pests and any damage to water apparatus, or electric lights or any fixture, appliances or appurtenances of said premises, or of infestations during the building, caused by any act or neglect of Lessee, or of any person or persons in the employ or under the control of the leaseTerm. (b) Lessee shall provide Lessor with written notice of any violation and Lessor shall have thirty (30) days to cure, or if the cure cannot be completed within thirty (30) days then Lessor shall not be in default if Lessor commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. If Lessee Lessor fails to perform LesseeLessor's obligations under this Paragraph or under any other paragraph of this LeaseSection 7.1, Lessor Lessee may at LessorLessee's option enter upon the Premises after 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 LesseeLessor's behalf and put the Building and/or Premises in good order, condition, condition and repair, and the cost 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 law shall option of the Lessee, be due and payable as additional immediately reimbursed to Lessee or be a reduction of rent to Lessor together commencing with the Lessee's next rental installmentinstallment and continuing as a rental reduction adjustment until such cost and interest is fully satisfied. (c) 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 acknowledged hereinabove, ordinary wear and tear excepted, clean and free of debris. 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. 7.1 Any alterations, additions or improvements to the leased premises shall require the prior written approval of Lessor, which approval shall not be unreasonably withheld. Any such alterations to the leased premises shall be subject to the following conditions: (ai) Lessee hereby accepts any such alterations shall be fully disclosed and require the prior approval of Lessor; (ii) such alterations shall not adversely affect or alter the mechanical, electrical, plumbing or utility systems in the premises in without prior approval of Lessor; and (iii) any such alterations shall comply with all applicable governmental regulations and laws, as well as the condition it is in at design criteria or other requirements (if any) provided by Lessor. All alterations, additions and improvements provided for herein shall become, upon completion, the beginning property of Lessor subject to the terms of this lease and agrees to maintain said premises in the same conditionLease; however, order and repair as it exists at the commencement of said termif Lessor so elects, 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, expiration or electric lights or any fixture, appliances or appurtenances of said premises, or of the building, caused by any act or neglect of Lessee, or of any person or persons in the employ or under the control of the lease. (b) If Lessee fails to perform Lessee's obligations under this Paragraph or under any other paragraph earlier termination of this Lease, Lessee upon demand by Lessor may at Lessor's option enter upon the Premises after three (3) days prior written notice to Lessee (except shall promptly remove all alterations, additions and improvements and any other property placed in the case of emergency, in which case no notice premises by Lessee and Lessee shall be required), perform responsible for repair and/or payment of any damages caused by 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 together with Lessee's next rental installmentremoval. (c) On 7.2 Subject to the last day other terms of the term hereof, or on any sooner terminationthis lease, Lessee shall surrender keep, maintain, and preserve the Premises to Lessor leased premises in the same condition as acknowledged hereinabovea state of good repair, ordinary wear and tear exceptedincluding, clean and free but not limited to, replacement of debris. Lessee shall repair any broken windows or other property damage to the Premises occasioned leased premises, as well as trade fixtures and equipment used in the ordinary 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 installation negligence or removal misuse of Lessee or its trade fixturesemployees, furnishingslicensees or invitees. 7.3 Lessee shall not create, permit to be created, or to remain uncontested, and equipmentwill 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 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 leased premises and will also defend on behalf of the Lessor, at Xxxxxx’s sole cost and expense, any action, suit, or proceeding which may be brought for the enforcement of any such lien.