Common use of MAINTENANCE/UTILITIES Clause in Contracts

MAINTENANCE/UTILITIES. (a) Tenant has exclusive control of and will keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements 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 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 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 time, in Tenant’s reasonable determination, Landlord agrees to allow Tenant the right to bring in a temporary source of power for the duration of the interruption. (c) Landlord hereby grants to any company providing utility or similar services, including electric power and telecommunications, to Tenant an access license 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 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) Tenant has exclusive control of and will keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements 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 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 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 time, in Tenant’s reasonable determination, Landlord agrees to allow Tenant the right to bring in a temporary source of power for the duration of the interruption. (c) Landlord hereby grants to any company providing utility or similar services, including electric power and telecommunications, to Tenant an access license 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 utility companies may from time to time require in order to provide such services to the Premises. Upon XxxxxxTenant’s or Service Companyservice company’s request, Xxxxxxxx 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 the Premises. Subject to the prior written approval of Landlord and Landlord’s legal counsel, Tenant has exclusive control of may remove rail ties, rail track and will keep and maintain signal equipment from the Premises and retain any value received from salvage of such rail ties, rail track and signal equipment; provided, however, in good conditionno event may Tenant remove any bridges, reasonable wear and tear and damage tunnels, or culverts from or existing on the elements exceptedPremises. Tenant shall be solely responsible for maintain and operate the reasonable out 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 pocket cost any violations of repairs 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 Premises includingLandlord details and supporting information regarding the maintenance activities, but not limited to, ensuring adequate fire suppression equipment, climate control, securityresults of inspections and actions taken, and all other access activities encompassed in this provision in the prior year 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 repair the Property and Access thereto, in good and tenantable condition, subject to reasonable wear and tear and damage from the elementsensuing year. (b) Tenant will be responsible 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 paying on a monthly or quarterly basis all utilities charges for electricity, telephone service or any other utility used or consumed by Tenant on each Phase of the Premises. In the event Tenant can; (ii) not 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 time, in Tenant’s reasonable determination, Landlord agrees to allow Tenant the right to bring in a temporary source of power for the duration commit waste or permit impairment or deterioration of the interruptionPremises (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 hereby grants to shall not be liable for any company providing interruption or failure in the supply of any such utility or similar services, including electric power and telecommunications, to Tenant an access license over the Property, from an open and improved public road service 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) Tenant has exclusive control of and will keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements 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 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 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 time, in Tenant’s reasonable determination, Landlord agrees to allow Tenant the right to bring in a temporary source of power for the duration of the interruption. . (c) Landlord hereby grants to any company providing utility or similar services, including electric power and telecommunications, to Tenant an access license 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 utility companies may from time to time require in order to provide such services to the Premises. Upon XxxxxxTenant’s or Service Companyservice company’s request, Xxxxxxxx Landlord will execute a separate recordable easement evidencing this grant, at no cost to Tenant or the service company.

MAINTENANCE/UTILITIES. (a) Tenant has exclusive control of and will keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements 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 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 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 time, in Tenant’s reasonable determination, Landlord agrees to allow Tenant the right to bring in a temporary source of power for the duration of the interruption. (c) Landlord hereby grants to any company providing utility or similar services, including electric power and telecommunications, to Tenant an access license 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 utility companies may from time to time require in order to provide such services to the Premises. Upon XxxxxxTenant’s or Service Companyservice 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) Tenant has exclusive control of and Licensee will keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements 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 . (b) Licensor will maintain and repair the Property and Access 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. (b) Tenant . Licensor will be responsible for paying maintenance of landscaping on the Property, including any landscaping installed by Licensee as a monthly or quarterly basis all utilities charges for electricity, telephone service condition of this Agreement or any other utility used 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 consumed by Tenant 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 Agreement reserve and have ready for Licensee’s immediate use sufficient structural loading capacity on the PremisesTower 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 the costs of related Government Approvals or other approvals, to support the Allowed Wind Load Surface Area. In the event Tenant cannot secure its own metered electrical supplythat 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, Tenant Licensee will have pay Licensor for the rightportion 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, 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 timeLicensee may, in Tenantits sole discretion, pay Licensor either (i) the portion of the structural modifications that is necessary to support Licensee’s reasonable determination, Landlord agrees loading in excess of the Allowed Wind Load Surface Area; or (ii) an incremental increase in Rent in accordance with Section 4(d) of this Agreement. In no event shall Licensee be responsible for Tower modification costs to allow Tenant support the right to bring in a temporary source installations of power other licensees or for the duration of Tower to comply with applicable law so long as Licensee’s installation is within the interruptionAllowed Wind Load Surface Area. (c) Landlord hereby grants to any company providing utility or similar services, including electric power and telecommunications, to Tenant an access license 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 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.