Common use of MAINTENANCE/UTILITIES Clause in Contracts

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) Subtenant Tenant 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 Landlord will maintain and repair the Property and access theretothereto and all areas of the Premises where Tenant does not have exclusive control, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements. Landlord will be responsible for maintenance of landscaping on the Property, including any landscaping installed by Tenant as a condition of this Agreement or any required permit. (b) Subtenant Tenant will be responsible for paying when due on a monthly or quarterly basis all utilities charges for electricity, telephone service or any other utility used or consumed by Subtenant Tenant on the Premises. In the event Subtenant Tenant cannot secure its own metered electrical supply. Subtenant , Tenant will have the right right, at its own cost and expense, to submeter sub-meter from the SublandlordLandlord. When submetering sub-metering is necessary and availablerequired under this Agreement, Sublandlord Landlord will read the meter and provide Tenant with an invoice and usage data on a monthly or quarterly basis and provide Subtenant with basis. Landlord agrees that it will not include a markup on the necessary usage data in a timely manner to enable Subtenant to compute such utility charges. Failure Landlord further agrees to provide the usage data and invoice on forms provided by Sublandlord Tenant and to perform this function send such forms to such address and/or agent designated by Tenant. Tenant will limit remit payment within forty-five (45) days of receipt of the usage data and required forms. As noted in Section 4(c) above, any utility fee recovery by Sublandlord Landlord is limited to a twelve (12-) month period. Sublandlord will If Tenant sub-meters electricity from Landlord, Landlord agrees to give Tenant at least twenty-four (24) hours advance notice of any planned interruptions of said electricity. Landlord acknowledges that Tenant provides a communication service which requires electrical power to operate and must operate twenty-four (24) hours per day, seven (7) days per week. If the interruption is for an extended period of time, in Tenant’s reasonable cooperate with any utility company requesting an easement overdetermination, under and across Landlord agrees to allow Tenant the Property right to bring in order a temporary source of power for the utility company to provide service to duration of the Subtenantinterruption. Sublandlord Landlord will not be responsible for interference with, interruption of or failure, beyond the reasonable control of SublandlordLandlord, of such services to be furnished or supplied by SublandlordLandlord. (c) Landlord hereby grants to any company providing utility or similar services, including electric power and telecommunications, to Tenant an easement over the Property, from an open and improved public road to the Premises, and upon the Premises, for the purpose of constructing, operating and maintaining such lines, wires, circuits, and conduits, associated equipment cabinets and such appurtenances thereto, as such companies may from time to time require in order to provide such services to the Premises. Upon Tenant’s or the service company’s request, Landlord will execute a separate recordable easement evidencing this grant, at no cost to Tenant or the service company.

MAINTENANCE/UTILITIES. (a) Subtenant Tenant 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 Landlord will maintain and repair the Property and access thereto, the Structure, and all areas of the Premises where Tenant does not have exclusive control, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements. Landlord will be responsible for maintenance of landscaping on the Property, including any landscaping installed by Tenant as a condition of this Agreement or any required permit. (b) Subtenant Tenant will be responsible for paying when due on a monthly or quarterly basis all utilities charges for electricity, telephone service or any other utility used or consumed by Subtenant Tenant on the Premises. In the event Subtenant Tenant cannot secure its own metered electrical supply. Subtenant , Tenant will have the right right, at its own cost and expense, to submeter from the SublandlordLandlord. When submetering is necessary and availablerequired under this Agreement, Sublandlord Landlord will read the meter and provide Tenant with an invoice and usage data on a monthly or quarterly basis and provide Subtenant with basis. Landlord agrees that it will not include a markup on the necessary usage data in a timely manner to enable Subtenant to compute such utility charges. Failure Landlord further agrees to provide the usage data and invoice on forms provided by Sublandlord Tenant and to perform this function send such forms to such address and/or agent designated by Tenant. Tenant will limit remit payment within forty-five (45) days of receipt of the usage data and required forms. As noted in Section 4(c) above, any utility fee recovery by Sublandlord Landlord is limited to a twelve (12-) month period. Sublandlord will If Tenant submeters electricity from Landlord, Landlord agrees to give Tenant at least twenty-four (24) hours advance notice of any planned interruptions of said electricity. Landlord acknowledges that Tenant provides a communication service which requires electrical power to operate and must operate twenty-four (24) hours per day, seven (7) days per week. If the interruption is for an extended period of time, in Tenant’s reasonable cooperate with any utility company requesting an easement overdetermination, under and across Landlord agrees to allow Tenant the Property right to bring in order a temporary source of power for the utility company to provide service to duration of the Subtenantinterruption. Sublandlord Landlord will not be responsible for interference with, interruption of or failure, beyond the reasonable control of SublandlordLandlord, of such services to be furnished or supplied by SublandlordLandlord. (c) Landlord hereby grants to any company providing utility or similar services, including electric power and telecommunications, to Tenant an easement over the Property, from an open and improved public road to the Premises, and upon the Premises, for the purpose of constructing, operating and maintaining such lines, wires, circuits, and conduits, associated equipment cabinets and such appurtenances thereto, as such companies may from time to time require in order to provide such services to the Premises. Upon Tenant’s or the service company’s request, Landlord will execute a separate recordable easement evidencing this grant, at no cost to Tenant or the service company.

MAINTENANCE/UTILITIES. (a) Subtenant Tenant 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 Landlord will maintain and repair the Property and access theretothereto and all areas of the Premises where Tenant does not have exclusive control, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements. Landlord will be responsible for maintenance of landscaping on the Property, including any landscaping installed by Tenant as a condition of this Agreement or any required permit. (b) Subtenant Tenant will be responsible for paying when due on a monthly or quarterly basis all utilities charges for electricity, telephone service or any other utility used or consumed by Subtenant Tenant on the Premises. In the event Subtenant Tenant cannot secure its own metered electrical supply. Subtenant , Tenant will have the right right, at its own cost and expense, to submeter from the SublandlordLandlord. When submetering is necessary and availablerequired under this Agreement, Sublandlord Landlord will read the meter and provide Tenant with an invoice and usage data on a monthly or quarterly basis and provide Subtenant with basis. Xxxxxxxx agrees that it will not include a markup on the necessary usage data in a timely manner to enable Subtenant to compute such utility charges. Failure Landlord further agrees to provide the usage data and invoice on forms provided by Sublandlord Tenant and to perform this function send such forms to such address and/or agent designated by Tenant. Tenant will limit remit payment within forty- five (45) days of receipt of the usage data and required forms. As noted in Section 4(c) above, any utility fee recovery by Sublandlord Landlord is limited to a twelve (12-) month period. Sublandlord will If Tenant submeters electricity from Landlord, Xxxxxxxx agrees to give Tenant at least twenty-four (24) hours advance notice of any planned interruptions of said electricity. Landlord acknowledges that Tenant provides a communication service which requires electrical power to operate and must operate twenty-four (24) hours per day, seven (7) days per week. If the interruption is for an extended period of time, in Tenant’s reasonable cooperate with any utility company requesting an easement overdetermination, under and across Xxxxxxxx agrees to allow Xxxxxx the Property right to bring in order a temporary source of power for the utility company to provide service to duration of the Subtenantinterruption. Sublandlord Landlord will not be responsible for interference with, interruption of or failure, beyond the reasonable control of SublandlordLandlord, of such services to be furnished or supplied by SublandlordLandlord. (c) Landlord hereby grants to any company providing utility or similar services, including electric power and telecommunications, to Tenant an easement over the Property, from an open and improved public road to the Premises, and upon the Premises, for the purpose of constructing, operating and maintaining such lines, wires, circuits, and conduits, associated equipment cabinets and such appurtenances thereto, as such companies may from time to time require in order to provide such services to the Premises. Upon Tenant’s or the service company’s request, Xxxxxxxx will execute a separate recordable easement evidencing this grant, at no cost to Tenant or the service company.

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 Landlord will maintain and repair the portion of the Property outside the Premises and access thereto, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements. Tenant shall not cause or permit any waste to the Premises and/or the Pump Station built thereon. Tenant, at its sole cost and expense, shall be responsible for keeping all portions of the Premises, Pump Station and Tenant’s related piping, property and equipment (including but not limited to the structural and non-structural and all building and mechanical systems and/or components thereof), as well as the walkways, entrances, sidewalks, driveways, floors, roof, pavement, walls and fences upon the Premises and/or Pump Station), in a neat, sanitary, safe, clean and orderly condition and repair, in good working order, ordinary wear and tear excepted, free of accumulations of dirt, debris, leaves, rubbish, snow and ice, and shall perform and/or cause to be performed all necessary maintenance, landscaping, painting/staining, rehabilitation, improvements, alterations, repairs and replacements, including, without limitation, such as may be required to accomplish the foregoing and/or comply with Laws, whether structural or non- structural, routine or non-routine, interior or exterior, ordinary as well as extraordinary, foreseen as well as unforeseen. Tenant shall advise Landlord by telephone or e-mail prior to undertaking any maintenance or repair which would interfere with the use of the Property (except in the case of an emergency) and shall make a reasonable effort to minimize such interference. (b) Subtenant Tenant will be solely responsible for paying when and promptly pay all utility charges on or before the due all utilities charges date thereof for electricity, telephone service or any other utility or service used or consumed by Subtenant Tenant on the Premises. In the event Subtenant cannot secure its own metered electrical supply. Subtenant Subject to Section 27 hereof, Landlord will have the right at its own cost fully 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 reasonably cooperate with any utility company requesting an easement over, under and across the Property or in the public adjacent streets in order for the utility company to provide service to the SubtenantTenant. Sublandlord Landlord will not be responsible for interference with, interruption of or failure, beyond the reasonable control of SublandlordLandlord, of such services services. (c) Tenant and Landlord shall not block or interfere with, and each agree to be furnished or supplied by Sublandlordtake all reasonable actions required to keep the emergency alley way adjacent to the Premises and as more fully set forth on Schedule 15 hereof, clear and accessible in compliance with all Laws.