Common use of Music Hall Clause in Contracts

Music Hall. Except as provided in Section 7.2, Landlord shall maintain and keep in good repair the Music Hall’s roof and exterior walls and windows (exclusive of the exterior window glass portion thereof which shall be maintained and replaced by Tenant as provided in Section 39.3). It is acknowledged that the Music Hall’s roof contains skylights which have been covered with roofing materials and Landlord shall maintain such portions of the roof. If, at any time, Tenant shall seek to restore all or any of such skylights to function as clear skylights. such restoration shall constitute a Music Hall Alteration and Tenant shall conduct such Music Hall Alteration (and all subsequent maintenance and repair of such skylights) at its expense. Landlord shall also, when necessary, maintain, keep in good repair and clean, consistent with the standards used with respect to the remainder of the Center, the sidewalks surrounding the Music Hall (including the brass maintenance (but not repair) of any decorative sidewalks) and remove snow or ice covering such sidewalks; provided, any repair, maintenance or cleaning which is Landlord’s responsibility under this Section 7.1(b) but is required by reason of any act, omission, neglect or improper conduct of any Tenant Party (other than any Tenant’s invitee) shall, subject to provisions of Section 13.3, be performed at Tenant’s expense. Except as provided in the immediately preceding sentence, Landlord shall have no obligation to maintain or make any repairs to the Music Hall, including (i) the marquees and the exterior metal surfaces of the Music Hall or (ii) the fixtures, equipment and appurtenances in the Music Hall and (iii) the signage for the Music Hall.

Music Hall. Except as provided in Section 7.2, Landlord shall maintain and keep in good repair the Music Hall’s roof and exterior walls and windows (exclusive of the exterior window glass portion thereof which shall be maintained and replaced by Tenant as provided in Section 39.37.1(b). It is acknowledged that the Music Hall’s roof contains skylights which have been covered with roofing materials and Landlord shall maintain such portions of the roof. If, at any time, Tenant shall seek to restore operate, maintain and make all or any of such skylights to function as clear skylights. such restoration shall constitute a Music Hall Alteration and Tenant shall conduct such Music Hall Alteration (and all subsequent maintenance and repair of such skylights) necessary repairs, promptly, at its expense. Landlord shall alsoexpense and in compliance with Article 5 of this Lease, when necessary, maintain, keep in good repair and clean, consistent with the standards used with respect to the remainder of the Center, the sidewalks surrounding the Music Hall (including the brass maintenance (but not repair) of any decorative sidewalks) and remove snow or ice covering such sidewalks; provided, any repair, maintenance or cleaning which is Landlord’s responsibility under this Section 7.1(b) but is required by reason of any act, omission, neglect or improper conduct of any Tenant Party (other than any Tenant’s invitee) shall, subject to provisions of Section 13.3, be performed at Tenant’s expense. Except as provided in the immediately preceding sentence, Landlord shall have no obligation to maintain or make any repairs to the Music Hall, including (i) the marquees and the exterior metal surfaces of the Music Hall or surfaces, (ii) the fixtures, equipment and appurtenances in including the refrigeration plant which provides chilled water to the Music Hall (the “Refrigeration Plant”) and the Independent Systems servicing the Music Hall, as and when needed to preserve the Music Hall in good working order and condition, (iii) the signage for the Music Hall and (iv) repair or replace scratched or damaged doors, signs and glass (including exterior window glass in accordance with Section 39.3) in and about the Music Hall. Such repairs shall be made by (x) Tenant, at Tenant’s expense if the required repairs do not affect the exterior of the Music Hall (other than the marquees, the exterior metal surfaces and the signage for the Music Hall, which shall be repaired by Tenant at its expense) or (y) at Landlord’s election, Landlord, if the required repairs affect the exterior of the Music Hall (other than the marquees, the exterior metal surfaces and the signage for the Music Hall which shall be performed by Tenant at its expense) and Tenant shall pay all reasonable, third party, out of pocket costs actually incurred by Landlord in connection with such repairs. Tenant shall use reasonable efforts to give Landlord prompt notice of any defective condition of which Tenant is aware in the Refrigeration Plant or any Independent System located in, servicing or passing through the Music Hall. All Tenant repairs shall be of a quality at least equal to the original work or construction using new construction materials, and shall be made in accordance with this Lease. With respect to the maintenance of the Refrigeration Plant, Tenant, at its expense, shall enter into annual maintenance contracts with contractors approved by Landlord, which approval shall not be unreasonably withheld or delayed, and Tenant shall, upon the execution of any such maintenance contract, provide Landlord with a copy of such contract. If Tenant fails to enter into any such contract within 10 days after receipt of a notice from Landlord regarding same, Landlord may do so at Tenant’s expense and Tenant shall pay to Landlord, within 30 days after Tenant’s receipt of a written demand therefor, any amount due and owing under such contract. Landlord may, from time to time, after notice to Tenant, inspect the Refrigeration Plant and the Independent Systems servicing the Music Hall to assure that Tenant shall be maintaining the Refrigeration Plant and such Independent Systems in a first-class manner consistent with similar first-class buildings in New York. If Tenant fails to proceed with due diligence to make any repairs required to be made by Tenant pursuant to this subsection, Landlord may, subject to any requirement of notice contained in Article 21, make such repairs, and all reasonable, third-party, out-of-pocket costs and expenses actually incurred by Landlord in so doing shall be paid by Tenant as provided in Article 21.

Music Hall. Except as provided in Section 7.2, Landlord shall maintain and keep in good repair the Music Hall’s roof and exterior walls and windows (exclusive of the exterior window glass portion thereof which shall be maintained and replaced by Tenant as provided in Section 39.37.1(b). It is acknowledged that the Music Hall’s roof contains skylights which have been covered with roofing materials and Landlord shall maintain such portions of the roof. If, at any time, Tenant shall seek to restore operate, maintain and make all or any of such skylights to function as clear skylights. such restoration shall constitute a Music Hall Alteration and Tenant shall conduct such Music Hall Alteration (and all subsequent maintenance and repair of such skylights) necessary repairs, promptly, at its expense. Landlord shall alsoexpense and in compliance with Article 5 of this Lease, when necessary, maintain, keep in good repair and clean, consistent with the standards used with respect to the remainder of the Center, the sidewalks surrounding the Music Hall (including the brass maintenance (but not repair) of any decorative sidewalks) and remove snow or ice covering such sidewalks; provided, any repair, maintenance or cleaning which is Landlord’s responsibility under this Section 7.1(b) but is required by reason of any act, omission, neglect or improper conduct of any Tenant Party (other than any Tenant’s invitee) shall, subject to provisions of Section 13.3, be performed at Tenant’s expense. Except as provided in the immediately preceding sentence, Landlord shall have no obligation to maintain or make any repairs to the Music Hall, including (i) the marquees and the exterior metal surfaces of the Music Hall or surfaces, (ii) the fixtures, equipment and appurtenances in including the refrigeration plant which provides chilled water to the Music Hall (the “Refrigeration Plant”) and the Independent Systems servicing the Music Hall, as and when needed to preserve the Music Hall in good working order and condition, (iii) the signage for the Music Hall and (iv) repair or replace scratched or damaged doors, signs and glass (including exterior window glass in accordance with Section 39.3) in and about the Music Hall. Such repairs shall be made by (x) Tenant, at Tenant’s expense if the required repairs do not affect the exterior of the Music Hall (other than the marquees, the exterior metal surfaces and the signage for the Music Hall, which shall be repaired by Tenant at its expense) or (y) at Landlord’s election, Landlord, if the required repairs affect the exterior of the Music Hall (other than the marquees, the exterior metal surfaces and the signage for the Music Hall which shall be performed by Tenant at its expense) and Tenant shall pay all reasonable, third party, out of pocket costs actually incurred by Landlord in connection with such repairs. Tenant shall use reasonable efforts to give Landlord prompt notice of any defective condition of which Tenant is aware in the Refrigeration Plant or any Independent System located in, servicing or passing through the Music Hall. All Tenant repairs shall be of a quality at least equal to the original work or construction using new construction materials, and shall be made in accordance with this Lease. With respect to the maintenance of the Refrigeration Plant, Tenant, at its expense, shall enter into annual maintenance contracts with contractors approved by Landlord, which approval shall not be unreasonably withheld or delayed, and Tenant shall, upon the execution of any such maintenance contract, provide Landlord with a copy of such contract. If Xxxxxx fails to enter into any such contract within 10 days after receipt of a notice from Landlord regarding same, Landlord may do so at Tenant’s expense and Tenant shall pay to Landlord, within 30 days after Xxxxxx’s receipt of a written demand therefor, any amount due and owing under such contract. Landlord may, from time to time, after notice to Tenant, inspect the Refrigeration Plant and the Independent Systems servicing the Music Hall to assure that Tenant shall be maintaining the Refrigeration Plant and such Independent Systems in a first-class manner consistent with similar first-class buildings in New York. If Tenant fails to proceed with due diligence to make any repairs required to be made by Tenant pursuant to this subsection, Landlord may, subject to any requirement of notice contained in Article 21, make such repairs, and all reasonable, third-party, out-of-pocket costs and expenses actually incurred by Landlord in so doing shall be paid by Xxxxxx as provided in Article 21.