Common use of Obligation to Maintain Clause in Contracts

Obligation to Maintain. Except to the extent that (a) this Lease otherwise expressly provides or allows or (b) Tenant is performing Construction in compliance with this Lease, Tenant shall during the Term keep and maintain the Premises in good order, condition, and repair, subject to Loss (governed by other provisions of this Lease), reasonable wear and tear, and any other condition that this Lease does not require Tenant to repair. Tenant’s obligation to maintain the Premises includes an obligation to make all repairs that the Premises may require by Law from time to time during the Term, whether foreseen or unforeseen, capital or operating; provided, however, that (x) if the Premises require any capital improvements or capital expenditures to maintain the Premises in good order, condition and repair, as agreed to by both parties, or in compliance with applicable Law (other than as provided in the last sentence of this Section 7.1), Tenant shall effect such capital improvements and/or expenditures and, to the extent that Tenant or AH shall pay the cost of same, offset the cost of such capital improvements and/or expenditures against the Rent payable pursuant to this Lease, and (y) Landlord, and not Tenant, shall pay any and all construction costs for the matters described on Schedule 7.1. Notwithstanding anything to the contrary contained herein, Landlord, and not Tenant, shall be solely responsible for the compliance of the Premises with any Laws relating to seismic performance standards.

Obligation to Maintain. Except to the extent that (a) this Lease otherwise expressly provides or allows or (b) Tenant is performing Construction in compliance with this Lease, Tenant shall during the Term keep and maintain the Premises in good order, condition, and repair, subject to Loss (governed by other provisions of this Lease), reasonable wear and tear, and any other condition that this Lease does not require Tenant to repair. Tenant’s obligation to maintain the Premises includes an obligation to make all repairs that the Premises may require by Law from time to time during the Term, whether foreseen or unforeseen, capital or operating; provided, however, that (x) if the Premises require any capital improvements or capital expenditures to maintain the Premises in good order, condition and repair, as agreed to by both parties, or in compliance with applicable Law (other than as provided in the last sentence of 3 Under review by bond expert. this Section 7.1), Tenant shall effect such capital improvements and/or expenditures and, to the extent that Tenant or AH shall pay the cost of same, offset the cost of such capital improvements and/or expenditures against the Rent payable pursuant to this Lease, and (y) Landlord, and not Tenant, shall pay any and all construction costs for the matters described on Schedule 7.17.1 and payable from bond proceeds pursuant to the terms and conditions of the Bonds[, up to $[ ● ], which represents the aggregate available proceeds from the Bonds]. Notwithstanding anything to the contrary contained herein, Landlord, and not Tenant, shall be solely responsible for the compliance of the Premises with any Laws relating to seismic performance standards.