Common use of Maintenance, Repairs and Utilities Clause in Contracts

Maintenance, Repairs and Utilities. A. Tenant shall keep and maintain the Premises and any designated improvements, equipment, and fixtures comprising part of the Premises in a neat, clean, safe, and sanitary condition. Tenant shall not allow any trash, debris, refuse, or any other waste material to accumulate on the Premises. Tenant shall promptly remove from the Premises all trash, debris, refuse, or any other waste, except for those pre-existing conditions described in Exhibit B. Tenant shall, at Tenant's sole cost and expense, remove and dispose of all such trash, garbage, and debris. Tenant shall participate in and comply with any recycling program in effect in the municipality in which the Premises are located. Where public access to the Premises is a required condition of this Agreement, Tenant shall not be responsible for removal of trash, garbage, and debris deposited on the Premises by the public. B. Tenant shall keep and maintain the Premises and designated improvements in good repair and condition. Landlord and Tenant agree that the base condition of each designated improvement to be maintained by Tenant is as described in Exhibit B. Tenant shall, at all times, keep and maintain the Premises and all designated improvements, utility systems, structural components, equipment, and fixtures comprising part of the Premises in such condition as to minimize the effects of deterioration from age, use, and damage. Tenant shall deliver up peaceable possession of the Premises to Landlord upon the expiration or any termination of the Agreement in as good repair and condition as they were delivered at the commencement of this Agreement, ordinary, wear, loss by fire, or unavoidable destruction excepted. Except as provided in Xxxxxxxxx 00, Xxxxxxxx shall not be required to maintain or repair the Premises or maintain, repair, or replace structures, structural components, utility systems, equipment, or fixtures comprising part of the Premises. C. Tenant shall be responsible for the payment of all utility services including, but not limited to, heating, electricity, gas, telephone, water and sewage. Landlord is not liable for any inconvenience, harm or damage caused by any stoppage or reduction of services not resulting from Landlord's act, omission, or neglect. Such stoppage or reduction shall not justify or excuse Tenant from paying Rent to Landlord. D. If Tenant, after receipt of a written notice from Landlord describing Tenant's failure to comply with Tenant's obligations under this Paragraph, fails to substantially correct the conditions described in said notice within the period prescribed therein, Landlord may terminate this Agreement or, in its sole discretion, may enter upon the Premises and perform such work as Landlord determines is necessary to correct said condition. The written notice from Landlord, the time period for cure, and any termination for failure to cure shall be in accord with the provisions of Paragraph 26 hereof.

Maintenance, Repairs and Utilities. A. Tenant shall maintain eight (8) foot perimeters of the fields on the Premises (e.g., mowing, pruning of tree limbs, removal of debris) to enable Landlord to access the Premises pursuant to Paragraph 16 herein. B. Tenant shall keep and maintain the Premises and any designated improvements, equipment, and fixtures comprising part of the Premises in a neat, clean, safe, and sanitary condition. Tenant shall not allow any trash, debris, refuse, or any other waste material to accumulate on the Premises. Tenant shall promptly remove from the Premises all trash, debris, refuse, or any other waste, except for those pre-existing conditions described in Exhibit B. Tenant shall, at Tenant's sole cost and expense, remove and dispose of all such trash, garbage, and debris. Tenant shall participate in and comply with any recycling program in effect in the municipality in which the Premises are located. Where public access to the Premises is a required condition of this AgreementLease, Tenant shall not be responsible for removal of trash, garbage, and debris deposited on the Premises by the public. B. C. Tenant shall keep and maintain the Premises and designated improvements in good repair and condition. Landlord and Tenant agree that the base condition of each designated improvement to be maintained by Tenant is as described in Exhibit B. Tenant shall, at all times, keep and maintain the Premises and all designated improvements, utility systems, structural components, equipment, and fixtures comprising part of the Premises in such condition as to minimize the effects of deterioration from age, use, and damage. Tenant shall deliver up peaceable possession of the Premises to Landlord upon the expiration or any termination of the Agreement Lease in as good repair and condition as they were delivered at the commencement of this AgreementLease, ordinary, wear, loss by fire, or unavoidable destruction excepted. Except as provided in Xxxxxxxxx 00, Xxxxxxxx shall not be required to maintain or repair the Premises or maintain, repair, or replace structures, structural components, utility systems, equipment, or fixtures comprising part of the Premises. C. D. Tenant shall be responsible for the payment of all utility services including, but not limited to, heating, electricity, gas, telephone, water and sewage. Landlord is not liable for any inconvenience, harm or damage caused by any stoppage or reduction of services not resulting from Landlord's act, omission, or neglect. Such stoppage or reduction shall not justify or excuse Tenant from paying Rent to Landlord. D. E. If Tenant, after receipt of a written notice from Landlord describing Tenant's failure to comply with Tenant's obligations under this Paragraph, fails to substantially correct the conditions described in said notice within the period prescribed therein, Landlord may terminate this Agreement Lease or, in its sole discretion, may enter upon the Premises and perform such work as Landlord determines is necessary to correct said condition. The written notice from Landlord, the time period for cure, and any termination for failure to cure shall be in accord with the provisions of Paragraph 26 24 hereof.

Maintenance, Repairs and Utilities. A. Tenant shall keep and maintain the Premises and any designated improvementsImprovements, equipment, and fixtures comprising part of the Premises in a neat, clean, safe, and sanitary condition. Tenant shall not allow any trash, debris, refuse, or any other waste material to accumulate on the Premises. Tenant shall shall, at Tenant’s sole cost and expense, promptly remove from the Premises and dispose of all trash, debris, refuse, or any other waste, except for those pre-existing conditions described in Exhibit B. Tenant shall, at Tenant's sole cost and expense, remove and dispose of all such trash, garbage, and debris. Tenant shall participate in and comply with any recycling program in effect in the municipality in which the Premises are located. Where public access to the Premises is a required condition of this Agreement, Tenant shall not be responsible for removal of trash, garbage, and debris deposited on the Premises by the public. B. Tenant shall keep and maintain the Premises, Improvements, utility systems, structural components, equipment, and fixtures comprising part of the Premises and designated improvements in good repair and condition, so as to minimize the effects of deterioration from age, use, and damage, at Tenant’s sole cost. Landlord The Department shall not be required to maintain or repair the Premises or maintain, repair, or replace Improvements, structures, structural components, utility systems, equipment, or fixtures comprising part of the Premises. The Department and Tenant agree that the base condition of each designated improvement to be maintained by Tenant is as described in Exhibit B. Tenant shall, at all times, keep and maintain Upon the Premises and all designated improvements, utility systems, structural components, equipment, and fixtures comprising part expiration or any termination of the Premises in such condition as to minimize the effects of deterioration from ageLease, use, and damage. Tenant shall deliver up peaceable possession of the Premises to Landlord upon the expiration or any termination of the Agreement in as good repair and condition as they were delivered to Tenant at the commencement of this AgreementLease, ordinary, wear, loss by fire, or unavoidable destruction ordinary wear and tear excepted. Except as provided in Xxxxxxxxx 00, Xxxxxxxx shall not be required to maintain or repair the Premises or maintain, repair, or replace structures, structural components, utility systems, equipment, or fixtures comprising part of the Premises. C. Tenant shall be solely responsible for the payment of all utility services including, but not limited to, heating, electricity, gas, telephonewater, water and sewage. Landlord The Department is not liable for the installation of or interruption of any inconvenience, harm or damage caused by any stoppage or reduction of services not resulting from Landlord's act, omission, or neglectutility services. Such stoppage or reduction shall not justify or excuse Tenant from paying Rent to Landlordthe Department. D. If Tenant, after receipt of Tenant fails to comply with a written notice from Landlord the Department describing Tenant's failure to comply with Tenant's obligations under this Paragraph, fails to substantially correct the conditions described in said notice within the period prescribed therein, Landlord Department may terminate this Agreement Lease pursuant to Paragraph 24 (“TERMINATION”), hereof or, in its sole discretion, the Department may enter upon the Premises and perform such work as Landlord the Department determines is necessary to correct said condition. The written notice from Landlord, condition and charge Tenant for the time period for cure, and any termination for failure to cure shall be in accord with the provisions cost of Paragraph 26 hereofsuch work.

Maintenance, Repairs and Utilities. A. Tenant (a) Lessor shall keep not be required to furnish any services or facilities of any nature whatsoever or to make any repairs or alterations in and maintain to the Premises Leased Property. Lessee hereby assumes the full and any designated improvementssole responsibility for the condition, equipmentconstruction, operation, repair, replacement, maintenance and fixtures comprising part management of the Premises in a neatLeased Property. LESSEE HEREBY WAIVES ANY AND ALL RIGHTS, cleanWHETHER CONFERRED BY STATUTE OR OTHERWISE, safeTO MAKE ANY REPAIRS, and sanitary condition. Tenant shall not allow any trashREPLACEMENTS, debrisALTERATIONS OR IMPROVEMENTS AT THE EXPENSE OF LESSOR, refuseOR TO OBTAIN DAMAGES OR REDUCTIONS OR ABATEMENTS OF ANY RENT OR OTHER SUMS PAYABLE HEREUNDER. (b) Subject to the provisions of Section 7(e) hereof, or any other waste material to accumulate on the Premises. Tenant shall promptly remove from the Premises all trash, debris, refuse, or any other waste, except for those pre-existing conditions described in Exhibit B. Tenant shallLessee, at Tenant's its sole cost and expense, remove shall maintain the Leased Property in good condition and order capable for use in the business for which it was used immediately prior to this Lease, and Lessee shall make all repairs to the Leased Property, structural and nonstructural and foreseen and unforeseen. Lessee shall not do, permit or -4- 5 suffer any waste, damages, disfigurement, or injury to or upon the Leased Property or any part thereof. (c) During the Term of this Lease, Lessee, at its sole cost and expense, shall obtain and maintain, in all material respects, all governmental and private authorizations, consents and permits for it to lease, operate, and maintain the Leased Property. During the Term of this Lease, Lessee shall pay and perform each and every obligation of Lessor under any easement, right of way, surface lease, permit, contract or other instrument leased to Lessee hereunder or creating or encumbering any interest leased to Lessee hereunder. (d) Lessee shall be responsible for, and shall pay all charges and fees in connection with, all utility services necessary for Lessee's use of the Leased Property, including but not limited to all gas, electricity, power, water, telephone and other communication services, and any and all other utilities or similar services used in connection with Lessee's use and possession of the Leased Property. (e) Notwithstanding any provision in this Lease to the contrary, Lessee shall be permitted to abandon any part of the Leased Property or dispose of all any portion of the Leased Property that, in each case (i) has a fair market value of less than $100,000 with respect to such trashabandoned or disposed Leased Property and is not necessary to operate and maintain the Pipeline System, garbageor (ii) connects to a well that is no longer capable of producing in paying quantities. Lessee shall be entitled to retain the proceeds, and debris. Tenant shall participate in and comply if any, received with any recycling program in effect respect to property abandoned or otherwise disposed of pursuant to the authorization provided in the municipality in preceding sentence. Lessee shall also be permitted to abandon any portion of the Leased Property upon obtaining the prior written consent of Lessor (which the Premises are located. Where public access to the Premises is a required condition of this Agreement, Tenant consent shall not be unreasonably withheld). Lessee shall be responsible for removal of trash, garbagefor, and debris deposited on pay all costs and expenses of abandoning or otherwise disposing of any portion of the Leased Premises by the publicin accordance with this Section. B. Tenant shall keep and maintain the Premises and designated improvements in good repair and condition. Landlord and Tenant agree that the base condition of each designated improvement to be maintained by Tenant is as described in Exhibit B. Tenant shall, at all times, keep and maintain the Premises and all designated improvements, utility systems, structural components, equipment, and fixtures comprising part of the Premises in such condition as to minimize the effects of deterioration from age, use, and damage. Tenant shall deliver up peaceable possession of the Premises to Landlord upon the expiration or any termination of the Agreement in as good repair and condition as they were delivered at the commencement of this Agreement, ordinary, wear, loss by fire, or unavoidable destruction excepted. (f) Except as provided in Xxxxxxxxx 00Section 7(e) hereof, Xxxxxxxx Lessee shall not be required have no right to maintain or repair the Premises or maintain, repairremove, or replace structurespermit to be removed, structural components, utility systems, equipment, or fixtures comprising part any of the Premisesfixtures, improvements or Alterations from the Leased Property or any Additional Property except to the extent such fixtures, improvements or Alterations are replaced by Lessee with improvements or Alterations of like or better quality. C. Tenant shall be responsible for the payment of all utility services including, but not limited to, heating, electricity, gas, telephone, water and sewage. Landlord is not liable for any inconvenience, harm or damage caused by any stoppage or reduction of services not resulting from Landlord's act, omission, or neglect. Such stoppage or reduction shall not justify or excuse Tenant from paying Rent to Landlord. D. If Tenant, after receipt of a written notice from Landlord describing Tenant's failure to comply with Tenant's obligations under this Paragraph, fails to substantially correct the conditions described in said notice within the period prescribed therein, Landlord may terminate this Agreement or, in its sole discretion, may enter upon the Premises and perform such work as Landlord determines is necessary to correct said condition. The written notice from Landlord, the time period for cure, and any termination for failure to cure shall be in accord with the provisions of Paragraph 26 hereof.

Maintenance, Repairs and Utilities. A. Tenant shall maintain at all times eight (8) foot perimeters for all fields on the Premises (e.g., regular mowing, pruning of tree limbs, removal of debris) to enable Landlord to access the Premises pursuant to Paragraph 16 herein. B. Tenant shall keep and maintain the Premises and any designated improvementsImprovements, equipment, and fixtures comprising part of the Premises in a neat, clean, safe, and sanitary condition. Tenant shall not allow any trash, debris, refuse, or any other waste material to accumulate on the Premises. Tenant shall shall, at Tenant’s sole cost and expense promptly remove from the Premises and dispose of all trash, debris, refuse, or any other waste, except for those pre-existing conditions described in Exhibit B. Tenant shall, at Tenant's sole cost B which is attached hereto and expense, remove and dispose of all such trash, garbage, and debrisincorporated herein. Tenant shall participate in and comply with any recycling program in effect in the municipality in which the Premises are located. Where public access to the Premises is a required condition of this AgreementLease, Tenant shall not be responsible for removal of trash, garbage, and debris deposited on the Premises by the public. B. C. Tenant shall keep and maintain the Premises, Improvements, utility systems, structural components, equipment, and fixtures comprising part of the Premises and designated improvements in good repair and condition, so as to minimize the effects of deterioration from age, use, and damage. . Landlord and Tenant agree that the base condition of each designated improvement to be maintained by Tenant is as described in Exhibit B. Tenant shall, at all times, keep and maintain Upon the Premises and all designated improvements, utility systems, structural components, equipment, and fixtures comprising part expiration or any termination of the Premises in such condition as to minimize the effects of deterioration from ageLease, use, and damage. Tenant shall deliver up peaceable possession of the Premises to Landlord upon the expiration or any termination of the Agreement in as good repair and condition as they were delivered to Tenant at the commencement of this AgreementLease, ordinary, wear, loss by fire, or unavoidable destruction excepted. Except as provided in Xxxxxxxxx 00, Xxxxxxxx shall not be required to maintain or repair the Premises or maintain, repair, or replace Improvements, structures, structural components, utility systems, equipment, or fixtures comprising part of the Premises. C. D. Tenant shall be responsible for the payment of all utility services including, but not limited to, heating, electricity, gas, telephone, water and sewage. Landlord is not liable for any inconvenience, harm or damage caused by any stoppage or reduction of services not resulting from Landlord's act, omission, or neglect. Such stoppage or reduction shall not justify or excuse Tenant from paying Rent to Landlord. D. E. If Tenant, after receipt of a written notice from Landlord describing TenantXxxxxx's failure to comply with Tenant's obligations under this ParagraphParagraph (11), fails to substantially correct the conditions described in said notice within the period prescribed thereincomply, Landlord may terminate this Agreement Lease pursuant to Paragraph 24 hereof (“Termination”) or, in its sole discretion, may enter upon the Premises and perform such work as Landlord determines is necessary to correct said condition. The written notice from Landlord, condition and charge Tenant for the time period for cure, and any termination for failure to cure shall be in accord with the provisions cost of Paragraph 26 hereofsuch work.

Maintenance, Repairs and Utilities. A. Tenant shall keep and maintain the Premises and any designated improvementsImprovements, equipment, and fixtures comprising part of the Premises in a neat, clean, safe, and sanitary condition. Tenant shall not allow any trash, debris, refuse, or any other waste material to accumulate on the Premises. Tenant shall shall, at Tenant’s sole cost and expense, promptly remove from the Premises and dispose of all trash, debris, refuse, or any other waste, except for those pre-existing conditions described in Exhibit B. Tenant shall, at Tenant's sole cost and expense, remove and dispose of all such trash, garbage, and debris. C. Tenant shall participate in and comply with any recycling program in effect in the municipality in which the Premises are located. Where public access to the Premises is a required condition of this Agreement, Tenant shall not be responsible for removal of trash, garbage, and debris deposited on the Premises by the public. B. Tenant shall keep and maintain the Premises, Improvements, utility systems, structural components, equipment, and fixtures comprising part of the Premises and designated improvements in good repair and condition, so as to minimize the effects of deterioration from age, use, and damage, at Tenant’s sole cost. Landlord The Department shall not be required to maintain or repair the Premises or maintain, repair, or replace Improvements, structures, structural components, utility systems, equipment, or fixtures comprising part of the Premises. The Department and Tenant agree that the base condition of each designated improvement to be maintained by Tenant is as described in Exhibit B. Tenant shall, at all times, keep and maintain C. Upon the Premises and all designated improvements, utility systems, structural components, equipment, and fixtures comprising part expiration or any termination of the Premises in such condition as to minimize the effects of deterioration from ageLease, use, and damage. Tenant shall deliver up peaceable possession of the Premises to Landlord upon the expiration or any termination of the Agreement in as good repair and condition as they were delivered to Tenant at the commencement of this AgreementLease, ordinary, wear, loss by fire, or unavoidable destruction ordinary wear and tear excepted. Except as provided in Xxxxxxxxx 00, Xxxxxxxx shall not be required to maintain or repair the Premises or maintain, repair, or replace structures, structural components, utility systems, equipment, or fixtures comprising part of the Premises. C. Tenant shall be solely responsible for the payment of all utility services including, but not limited to, heating, electricity, gas, telephonewater, water and sewage. Landlord The Department is not liable for the installation of or interruption of any inconvenience, harm or damage caused by any stoppage or reduction of services not resulting from Landlord's act, omission, or neglectutility services. Such stoppage or reduction shall not justify or excuse Tenant from paying Rent to Landlordthe Department. D. If Tenant, after receipt of Tenant fails to comply with a written notice from Landlord the Department describing Tenant's failure to comply with Tenant's obligations under this Paragraph, fails to substantially correct the conditions described in said notice within the period prescribed therein, Landlord Department may terminate this Agreement Lease pursuant to Paragraph 25 (“TERMINATION”), hereof or, in its sole discretion, the Department may enter upon the Premises and perform such work as Landlord the Department determines is necessary to correct said condition. The written notice from Landlord, condition and charge Tenant for the time period for cure, and any termination for failure to cure shall be in accord with the provisions cost of Paragraph 26 hereofsuch work.