MAINTENANCE/UTILITIES. (a) Landlord shall not be required to perform any rehabilitation or maintenance of any existing improvements located within the Premises. Subject to the prior written approval of Landlord and Landlord’s legal counsel, Tenant may remove rail ties, rail track and signal equipment from the Premises and retain any value received from salvage of such rail ties, rail track and signal equipment; provided, however, in no event may Tenant remove any bridges, tunnels, or culverts from or existing on the Premises. Tenant shall maintain and operate the Premises any and all Tenant Improvements or other improvements thereon at Tenant’s sole cost and expense. The Tenant shall immediately notify Landlord in writing of any violations of the terms of this Lease or other concerns revealed by Xxxxxx’s inspections of the Premises or Tenant’s Improvements therein. The Tenant shall provide in the Annual Status Reports to the Landlord details and supporting information regarding the maintenance activities, results of inspections and actions taken, and other activities encompassed in this provision in the prior year and the ensuing year.
(b) Tenant shall, during the Term of this Lease (including any Renewal Term), (i) maintain the Premises and all Tenant Improvements, buildings and improvements thereon (interior and exterior, structural and otherwise) in good order and repair, ordinary wear and tear excepted consistent with the Landlord approved Phase Plans for each Phase of the Premises; (ii) not commit waste or permit impairment or deterioration of the Premises (normal wear and tear excepted); (iii) comply in all material respects with all laws, ordinances, regulations and requirements of any governmental body applicable to the Premises (including, without limitation, the Sign Regulations); (iv) provide prompt notification to Landlord of any material adverse changes to the Premises of which Tenant is aware; and (v) return the Premises and all Tenant Improvement, buildings and improvements thereon at the expiration of the Term of this Lease (as may be extended by any Renewal Term) in as reasonably as good condition as when received, ordinary wear and tear excepted.
(c) Tenant shall pay all charges for heat, water, gas, sewage, electricity and other utilities used or consumed on the Premises and shall contract for the same in its own name. Landlord shall not be liable for any interruption or failure in the supply of any such utility service to the Premises.
MAINTENANCE/UTILITIES. (a) Subtenant will keep and maintain the Premises and Communication Facility in good condition, reasonable wear and tear and damage from the elements excepted. If Subtenant fails to maintain, repair or replace the Premises as required by this section, Sublandlord may, upon ten (10) days’ prior notice to Subtenant (except that no notice shall be required in the case of an emergency), enter the Premises and perform such maintenance or repair (including replacement, as needed) on behalf of Subtenant. In such case, Subtenant shall reimburse Sublandlord for all costs reasonably incurred in performing such maintenance or repair, plus ten percent (10%), immediately upon demand. Sublandlord will maintain and repair the Property and access thereto, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements.
(b) Subtenant will be responsible for paying when due all utilities charges for electricity, telephone service or any other utility used or consumed by Subtenant on the Premises. In the event Subtenant cannot secure its own metered electrical supply. Subtenant will have the right at its own cost and expense, to submeter from the Sublandlord. When submetering is necessary and available, Sublandlord will read the meter on a monthly or quarterly basis and provide Subtenant with the necessary usage data in a timely manner to enable Subtenant to compute such utility charges. Failure by Sublandlord to perform this function will limit utility fee recovery by Sublandlord to a 12-month period. Sublandlord will reasonable cooperate with any utility company requesting an easement over, under and across the Property in order for the utility company to provide service to the Subtenant. Sublandlord will not be responsible for interference with, interruption of or failure, beyond the reasonable control of Sublandlord, of such services to be furnished or supplied by Sublandlord.
MAINTENANCE/UTILITIES. (a) TENANT shall keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements excepted. LANE COUNTY shall maintain the Property and access thereto in good and usable condition, subject to reasonable wear and tear and damage from the elements.
(b) TENANT shall be responsible for paying all equipment power fees as outlined in ATTACHMENT A, TOWER SITE RATE SCHEDULE, as well as be responsible for all wireline circuits or any other utility fees used or consumed by TENANT on the Premises. LANE COUNTY shall not be held responsible for utility service problems that are not willfully caused by LANE COUNTY.
MAINTENANCE/UTILITIES. (a) Tenant will keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements excepted. Landlord will maintain and repair the Property and access thereto, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements.
(b) Tenant will be responsible for paying on a monthly or quarterly basis all utilities charges for electricity, telephone service or any other utility used or consumed by Tenant on the Premises. In the event Tenant cannot secure its own metered electrical supply, Tenant will have the right, at its own cost and expense, to submeter from the Landlord. When submetering is necessary and available, Landlord will read the meter on a monthly or quarterly basis and provide Tenant with the necessary usage data in a timely manner to enable Tenant to compute such utility charges. Failure by Landlord to perform this function will limit utility fee recovery by Landlord to a 12-month period. Landlord will fully cooperate with any utility company requesting an easement over, under and across the Property in order for the utility company to provide service to the Tenant. Landlord will not be responsible for interference with, interruption of or failure, beyond the reasonable control of Landlord, of such services to be furnished or supplied by Landlord.
MAINTENANCE/UTILITIES. Southern Sno will keep and maintain the Property in good condition. Southern Sno will be solely responsible for and promptly pay all utilities charged for electricity, telephone service or any other utility used or consumed by Southern Sno on the Property.
MAINTENANCE/UTILITIES. (a) Tenant will keep and maintain the Premises in good, neat and orderly condition, reasonable wear and tear and damage from the elements excepted. Landlord will maintain and repair the Property and access thereto, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements.
(b) Tenant will be responsible for paying on a monthly or quarterly basis all utilities charges for electricity, telephone service or any other utility used or consumed by Tenant on the Premises. In the event Tenant cannot secure its own metered electrical supply, Tenant will have the right, at its own cost and expense, to submeter from the Landlord. When submetering is required under this Agreement, Landlord will read the meter and provide Tenant with an invoice and usage data on a monthly basis. Landlord agrees that it will not include a markup on the utility charges. Landlord further agrees to provide the usage data and invoice on forms provided by Tenant and to send such forms to such address and/or agent designated by Tenant. Tenant will remit payment within thirty days of receipt of the usage data and required forms. Failure by Landlord to perform this function will limit utility fee recovery by Landlord to a 12-month period. If Tenant submeters electricity from Landlord, Landlord agrees to give Tenant at least 24 hours advanced notice of any planned interruptions of said electricity. Landlord 8/2/2013 7 2037831.2 acknowledges that Tenant provides a communication service which requires electrical power to operate and must operate twenty-four (24) hour per day, seven (7) day per week. If the interruption is for an extended period of time, in Tenant’s reasonable determination, the Landlord agrees to allow Tenant the right to bring in a temporary source of power for the duration of the interruption. Landlord will fully cooperate with any utility company requesting an easement over, under and across the Property in order for the utility company to provide service to the Tenant. Landlord will not be responsible for interference with, interruption of or failure, beyond the reasonable control of Landlord, of such services to be furnished or supplied by Landlord.
(c) The Landlord reserves the right to perform maintenance on the Tower, both structural and cosmetic (paint), at whatever intervals may be required to assure the integrity and longevity of the facility. Landlord shall provide Tenant with one hundred twenty (120) days advance written notice...
MAINTENANCE/UTILITIES. (a) Lessor will keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements excepted. Lessor will maintain and repair the Property and access thereto, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements. Lessor shall have the right to charge Lessee for Xxxxxx’s pro-rata share of facility maintenance.
(b) Lessee will be solely responsible for and promptly pay all utilities charges for electricity, telephone service or any other utility used or consumed by Lessee on the Premises. Lessor will fully cooperate with any utility company requesting an easement over, under and across the Property in order for the utility company to provide service to the Lessee. In the event Lessee cannot secure its own metered electrical supply, Lessee will have the right, at its own cost and expense, to submeter from the Lessor should the Lessor approve of, and have capacity for, such an arrangement. Lessee will pay on a monthly basis the current local utility company rate for submetered electric, after the meter is read by the Lessor and billed to Lessee. Lessor will not be responsible for interference with, interruption of or failure, beyond the reasonable control of Lessor, of such services to be furnished or supplied by Lessor.
MAINTENANCE/UTILITIES. (a) Licensee will keep and maintain the Licensed Space in good condition, reasonable wear and tear and damage from the elements excepted. Licensor will maintain and repair the Property and access thereto, in good and Licenseeable condition, subject to reasonable wear and tear and damage from the elements.
(b) Licensee will be responsible for paying on a monthly or quarterly basis all utilities charges for electricity, telephone service or any other utility used or consumed by Licensee on the Licensed Space. In the event Licensee cannot secure its own metered electrical supply, Licensee will be required, at its own cost and expense, to submeter from the Licensor. When submetering is necessary and available, Licensor will read the meter on a monthly or quarterly basis and provide Licensee with the necessary usage data in a timely manner to enable Licensee to compute such utility charges. Failure by Licensor to perform this function will limit utility fee recovery by Licensor to a 12-month period. Licensor will fully cooperate with any utility company requesting an easement over, under and across the Property in order for the utility company to provide service to the Licensee. Licensor will not be responsible for interference with, interruption of or failure, beyond the reasonable control of Licensor, of such services to be furnished or supplied by Licensor.
(c) If Licensee is the proximate cause of an outage affecting the transport of Licensor’s telecommunications signals, then Licensee, in addition to any other rights that Licensor has under the Agreement, shall compensate Licensor for the cost of restoring transmission of the telecommunications signals. Such compensation shall include the cost of parts, if applicable, as well as an hourly wage, defined as the Prevailing Wage for a Telecommunication Technician, as established by the Commonwealth of Massachusetts' Division of Occupational Safety, as periodically revised.
MAINTENANCE/UTILITIES. (a) Mortgagor shall maintain or cause to be maintained all the Improvements in good working order and condition and shall not commit or suffer any material waste of the Improvements.
(b) Mortgagor shall pay or cause to be paid when due all utility charges which are incurred for gas, electricity, water or sewer services furnished to the Premises and all other assessments or charges of a similar nature, whether public or private, affecting the Premises or any portion thereof, whether or not such assessments or charges are liens thereon.
MAINTENANCE/UTILITIES. (a) Tenant shall keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements excepted. Landlord shall maintain and repair the Property, excluding the Premises, and access thereto, in good and useable condition, subject to reasonable wear and tear and damage from the elements.
(b) Tenant shall pay all utility charges for electricity or any other utility used by Tenant on the Premises. In the event Tenant cannot secure its own metered electrical supply, Tenant may: (A) pay an agreed-upon flat fee to Landlord for Landlord-provided electricity; or (B) submeter from the Landlord at Tenant’s cost and expense. The agreed-upon flat rate fee to Landlord is $30.00 monthly, payable in an annual payment of $360.00.
(c) The Parties may renegotiate the agreed-upon flat rate prior to each Renewal Term.
