Common use of MAINTENANCE/UTILITIES Clause in Contracts

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) Landlord shall not be required to perform any rehabilitation or maintenance Tenant has exclusive control of any existing improvements located within and will keep and maintain the Premises. Subject to the prior written approval of Landlord Premises in good condition, reasonable wear and Landlord’s legal counsel, Tenant may remove rail ties, rail track tear and signal equipment damage 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 Premiseselements excepted. Tenant shall be solely responsible for the reasonable out of pocket cost of repairs to the Premises including, but not limited to, ensuring adequate fire suppression equipment, climate control, security, and all other access and operational issues, except for any such damage caused by the negligence or willful misconduct of Landlord or its employees, contractors or agents. Landlord will maintain and operate repair the Premises any Property and all Tenant Improvements or other improvements thereon at Tenant’s sole cost Access thereto, in good and expense. The Tenant shall immediately notify Landlord in writing of any violations of tenantable condition, subject to reasonable wear and tear and damage from 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 yearelements. (b) Tenant shallwill be responsible for paying on a monthly or quarterly basis all utilities charges for electricity, during telephone service or any other utility used or consumed by Tenant on the Term 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 Landlord. 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 Communication Facility experiences an interruption in electrical service for an extended period of this Lease (including any Renewal Term)time, (i) maintain in Tenant’s reasonable determination, Landlord agrees to allow Tenant the Premises and all Tenant Improvements, buildings and improvements thereon (interior and exterior, structural and otherwise) right to bring in good order and repair, ordinary wear and tear excepted consistent with a temporary source of power for the Landlord approved Phase Plans for each Phase duration 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 exceptedinterruption. (c) Landlord hereby grants to any company providing utility or similar services, including electric power and telecommunications, to Tenant shall pay all charges for heatan access license over the Property, water, gas, sewage, electricity from an open 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 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 utility companies may from time to time require in order to provide such services to the Premises. Upon Tenant’s or 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) Landlord shall not be required to perform any rehabilitation or maintenance Tenant has exclusive control of any existing improvements located within and will keep and maintain the Premises. Subject to the prior written approval of Landlord Premises in good condition, reasonable wear and Landlord’s legal counsel, Tenant may remove rail ties, rail track tear and signal equipment damage 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 Premiseselements excepted. Tenant shall be solely responsible for the reasonable out of pocket cost of repairs to the Premises including, but not limited to, ensuring adequate fire suppression equipment, climate control, security, and all other access and operational issues, except for any such damage caused by the negligence or willful misconduct of Landlord or its employees, contractors or agents. Landlord will maintain and operate repair the Premises any Property and all Tenant Improvements or other improvements thereon at Tenant’s sole cost Access thereto, in good and expense. The Tenant shall immediately notify Landlord in writing of any violations of tenantable condition, subject to reasonable wear and tear and damage from 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 yearelements. (b) Tenant shallwill be responsible for paying on a monthly or quarterly basis all utilities charges for electricity, during telephone service or any other utility used or consumed by Tenant on the Term 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 Landlord. 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 Communication Facility experiences an interruption in electrical service for an extended period of this Lease (including any Renewal Term)time, (i) maintain in Tenant’s reasonable determination, Landlord agrees to allow Tenant the Premises and all Tenant Improvements, buildings and improvements thereon (interior and exterior, structural and otherwise) right to bring in good order and repair, ordinary wear and tear excepted consistent with a temporary source of power for the Landlord approved Phase Plans for each Phase duration 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. interruption. (c) Landlord hereby grants to any company providing utility or similar services, including electric power and telecommunications, to Tenant shall pay all charges for heatan access license over the Property, water, gas, sewage, electricity from an open 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 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 utility companies may from time to time require in order to provide such services to the Premises. Upon Tenant’s or 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) Landlord shall not be required to perform any rehabilitation or maintenance Tenant has exclusive control of any existing improvements located within and will keep and maintain the Premises. Subject to the prior written approval of Landlord Premises in good condition, reasonable wear and Landlord’s legal counsel, Tenant may remove rail ties, rail track tear and signal equipment damage 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 Premiseselements excepted. Tenant shall be solely responsible for the reasonable out of pocket cost of repairs to the Premises including, but not limited to, ensuring adequate fire suppression equipment, climate control, security, and all other access and operational issues, except for any such damage caused by the negligence or willful misconduct of Landlord or its employees, contractors or agents. Landlord will maintain and operate repair the Premises any Property and all Tenant Improvements or other improvements thereon at Tenant’s sole cost Access thereto, in good and expense. The Tenant shall immediately notify Landlord in writing of any violations of tenantable condition, subject to reasonable wear and tear and damage from 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 yearelements. (b) Tenant shallwill be responsible for paying on a monthly or quarterly basis all utilities charges for electricity, during telephone service or any other utility used or consumed by Tenant on the Term 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 Landlord. 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 Communication Facility experiences an interruption in electrical service for an extended period of this Lease (including any Renewal Term)time, (i) maintain in Tenant’s reasonable determination, Landlord agrees to allow Tenant the Premises and all Tenant Improvements, buildings and improvements thereon (interior and exterior, structural and otherwise) right to bring in good order and repair, ordinary wear and tear excepted consistent with a temporary source of power for the Landlord approved Phase Plans for each Phase duration 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 exceptedinterruption. (c) Landlord hereby grants to any company providing utility or similar services, including electric power and telecommunications, to Tenant shall pay all charges for heatan access license over the Property, water, gas, sewage, electricity from an open 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 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 utility companies may from time to time require in order to provide such services to the Premises. Upon Xxxxxx’s or 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) Landlord shall not be required to perform any rehabilitation or maintenance Tenant has exclusive control of any existing improvements located within and will keep and maintain the Premises. Subject to the prior written approval of Landlord Premises in good condition, reasonable wear and Landlord’s legal counsel, Tenant may remove rail ties, rail track tear and signal equipment damage 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 Premiseselements excepted. Tenant shall be solely responsible for the reasonable out of pocket cost of repairs to the Premises including, but not limited to, ensuring adequate fire suppression equipment, climate control, security, and all other access and operational issues, except for any such damage caused by the negligence or willful misconduct of Landlord or its employees, contractors or agents. Landlord will maintain and operate repair the Premises any Property and all Tenant Improvements or other improvements thereon at Tenant’s sole cost Access thereto, in good and expense. The Tenant shall immediately notify Landlord in writing of any violations of tenantable condition, subject to reasonable wear and tear and damage from 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 yearelements. (b) Tenant shallwill be responsible for paying on a monthly or quarterly basis all utilities charges for electricity, during telephone service or any other utility used or consumed by Tenant on the Term 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 Landlord. 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 Communication Facility experiences an interruption in electrical service for an extended period of this Lease (including any Renewal Term)time, (i) maintain in Tenant’s reasonable determination, Landlord agrees to allow Tenant the Premises and all Tenant Improvements, buildings and improvements thereon (interior and exterior, structural and otherwise) right to bring in good order and repair, ordinary wear and tear excepted consistent with a temporary source of power for the Landlord approved Phase Plans for each Phase duration 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 exceptedinterruption. (c) Landlord hereby grants to any company providing utility or similar services, including electric power and telecommunications, to Tenant shall pay all charges for heatan access license over the Property, water, gas, sewage, electricity from an open 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 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 utility companies may from time to time require in order to provide such services to the Premises. Upon Tenant’s or 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) Landlord shall not be required to perform any rehabilitation or maintenance of any existing improvements located within Licensee will keep and maintain the Premises. Subject to the prior written approval of Landlord Premises in good condition, reasonable wear and Landlord’s legal counsel, Tenant may remove rail ties, rail track tear and signal equipment damage 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 yearelements excepted. (b) Tenant shallLicensor will maintain and repair the Property and access thereto, the Tower, and all areas of the Premises where Licensee does not have exclusive control, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements. Licensor will be responsible for maintenance of landscaping on the Property, including any landscaping installed by Licensee as a condition of this Agreement or any required permit. Licensor shall maintain the Tower’s structural integrity at all times (which shall mean that at no time will Licensor allow the Tower’s condition to become, or remain, overstressed under the applicable structural standards set forth in the then-current version of the ANSI TIA-222). Licensor shall at all times during the Term of this Lease Agreement reserve and have ready for Licensee’s immediate use sufficient structural loading capacity on the Tower to support Licensee’s installation of up to thirty-five thousand square inches (35,000 sq. in.) of Wind Load Surface Area, in the aggregate, of Communication Facilities anywhere on the Tower (the “Allowed Wind Load Surface Area”). “Wind Load Surface Area” means the Flat Plate Equivalent Area, as defined in ANSI TIA standards, of any appurtenance (excluding all mounts, platforms, cables and other non-operating equipment) at ninety degrees (90º) perpendicular to wind direction, possessing the characteristics of flat material, with associated drag factors. Licensor/Licensee shall be responsible for the costs of all structural modifications to the Tower, including any Renewal Term)the costs of related Government Approvals or other approvals, to support the Allowed Wind Load Surface Area. In the event that Licensee has used the Allowed Wind Load Surface Area and an installation of Communication Facilities within the Primary RAD Space will require structural modifications to comply with the Structural Standards, Licensee will pay Licensor for the portion of the structural modifications that is necessary to support Licensee’s loading in excess of the Allowed Wind Load Surface Area. In the event that Licensee has used the Allowed Wind Load Surface Area and an installation of Communication Facilities within the Additional RAD Space will require structural modifications to comply with the Structural Standards, Licensee may, in its sole discretion, pay Licensor either (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 portion of the Premisesstructural modifications that is necessary to support Licensee’s loading in excess of the Allowed Wind Load Surface Area; or (ii) not commit waste or permit impairment or deterioration of the Premises (normal wear and tear excepted); (iiian incremental increase in Rent in accordance with Section 4(d) 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 Agreement. In no event shall Licensee 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 responsible for heat, water, gas, sewage, electricity and Tower modification costs to support the installations of other utilities used licensees 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 Tower to comply with applicable law so long as Licensee’s installation is within the supply of any such utility service to the PremisesAllowed Wind Load Surface Area.