Common use of OPERATION, MAINTENANCE AND REPAIR Clause in Contracts

OPERATION, MAINTENANCE AND REPAIR. 13.1 Tenant shall be solely responsible for the operation, maintenance and repair of the Demised Premises. Tenant shall, at its sole expense and responsibility, maintain the Demised Premises, and all fixtures and appurtenances therein, and shall make all repairs thereto, as and when needed, to preserve them in good working order and condition. Tenant shall be responsible for all interior walls and the interior and exterior of all windows and doors, as well as immediate replacement of any and all plate glass or other glass in the Demised Premises which may become broken, using glass of the same or better quality. The City shall be responsible for the maintenance of the roof, the exterior of the Building, all heating/ventilation/air conditioning (HVAC) equipment servicing the Demised Premises, the structural electrical and plumbing (other than plumbing surrounding any sink(s) and/or toilet(s), including such sink(s) and toilet(s) fixture(s), within the Demised Premises), the common areas and the chilled water supply system. The City shall maintain and/or repair those items that it is responsible for, so as to keep same in proper working condition. 13.2 All damage or injury of any kind to the Demised Premises, and including without limitation its fixtures, glass, appurtenances, and equipment (if any), or to the building fixtures, glass, appurtenances, and equipment, if any, except damage caused by the gross negligence and/or willful misconduct of the City, shall be the sole obligation of Tenant, and shall be repaired, restored, or replaced promptly by Tenant, at its sole expense and to the satisfaction of the City. 13.3 All of the aforesaid repairs, restorations, and replacements shall be in quality and class equal to or better than the original work or installations and shall be done in good workmanlike manner. 13.4 If Tenant fails to make such repairs, restorations, or replacements, the same may be made by the City, at the expense of Tenant, and all sums and expenses incurred by the City shall be collectable by the City and shall be paid by Tenant within three (3) days following submittal of a bill or statement therefore. 13.5 It shall be Tenant’s sole obligation and responsibility to ensure that any renovations, repairs, and/or improvements made by Tenant to the Demised Premises comply with all applicable building codes and life safety codes of governmental authorities having jurisdiction.

Appears in 1 contract

Samples: Lease Agreement

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OPERATION, MAINTENANCE AND REPAIR. 13.1 Tenant (a) City or its designated operator shall be solely responsible operate the Garage with all services and facilities normally associated with comparable enclosed public parking garages in the City of Norfolk. (b) Except as otherwise set forth herein, City shall allow unimpeded and open access to and from the Garage at all times, twenty-four (24) hours per day, seven (7) days per week, including holidays. (c) The City shall maintain the Garage, or contract for the operation, maintenance and repair of the Demised Premises. Tenant shallthereof, at its sole expense and responsibility, maintain the Demised Premises, and all fixtures and appurtenances therein, and shall make all repairs thereto, as and when needed, to preserve them times in good working order and condition. Tenant , clean and free of rodents, in accordance with maintenance standards employed at comparable public parking areas in the City of Norfolk, so that the Garage shall be responsible for comply with all interior walls building codes, ordinances, regulations, and the interior and exterior of all windows and doors, as well as immediate replacement laws of any and all plate glass or other glass in the Demised Premises which may become broken, using glass of the same or better qualitygovernmental authority having jurisdiction thereof. The City shall be responsible for the maintenance and repair of the roofGarage and shall pay all charges for water, sewer, gas, electricity and other utilities. The term “maintenance” shall include, but not be limited to, painting, operation, inspection, testing, repair, replacement of mechanical, electrical or similar components and/or cleaning the exterior Garage, including any of its elevators and appurtenant facilities. (d) In the event of any damage or destruction of all or any portion of the BuildingGarage, all heating/ventilation/air conditioning (HVAC) equipment servicing the Demised Premises, the structural electrical and plumbing (other than plumbing surrounding any sink(s) and/or toilet(s), including such sink(s) and toilet(s) fixture(s), within the Demised Premises), the common areas and the chilled water supply system. The City shall maintain and/or repair those items that it is responsible for, so as to keep same in proper working condition. 13.2 All damage or injury of any kind to the Demised Premises, and including without limitation its fixtures, glass, appurtenances, and equipment (if any), or to the building fixtures, glass, appurtenances, and equipment, if any, except damage caused by the gross negligence and/or willful misconduct of the City, shall be the sole obligation of Tenant, and shall be repaired, restored, or replaced promptly by Tenant, at its sole expense and option, shall undertake to repair or rebuild the satisfaction Garage to provide, as promptly as reasonably possible after the date of the City. 13.3 All of the aforesaid repairs, restorations, and replacements shall be in quality and class equal to such damage or better than the original work or installations and shall be done in good workmanlike manner. 13.4 If Tenant fails to make such repairs, restorations, or replacementsdestruction, the same may be made then current Maximum Allocated Amount of parking. During the period of any such repair or rebuilding, the City shall provide replacement parking at other parking facilities owned by the City, at and such facilities will be located as conveniently to the expense of TenantProperty as possible and, if available, shall be a covered facility. If the City, in its sole and absolute discretion, chooses not to repair or rebuild the Garage, the City shall provide replacement parking in accordance with this Section 5(d). (e) The City shall provide and maintain interior and exterior illumination sufficient to illuminate the Garage and all sums means of pedestrian and expenses incurred vehicular access and egress thereto and therefrom between twilight and one (1) hour after xxxx. (f) The City shall provide suitable and sufficient signs in and around the Garage as required for safe and orderly flow of pedestrian and vehicular traffic, including signage directing garage users to appropriate entrances and on any general directories provided by the City shall be collectable by in the City and shall be paid by Tenant within three (3) days following submittal of a bill or statement thereforeGarage. 13.5 It (g) The City shall be Tenant’s sole obligation have the right to make and responsibility to ensure that any renovationscomplete such replacements, repairs, and/or alterations and improvements made by Tenant to the Demised Premises comply Garage as it deems necessary or desirable in connection with all the aforementioned usage consistent with applicable building codes zoning laws. During the period of such replacements, repairs, alterations and life safety codes improvements, the City shall provide replacement parking as provided by paragraph 5(d). (h) In performing maintenance, the City shall use reasonable efforts to interfere as little as possible with the use, occupation and enjoyment of governmental authorities having jurisdictionthe Garage by Xxxxxx. If possible, maintenance shall be confined to the area actually being so maintained.

Appears in 1 contract

Samples: Long Term Garage Parking Agreement

OPERATION, MAINTENANCE AND REPAIR. 13.1 Tenant (a) City or its designated operator shall be solely responsible operate the Garage with all services and facilities normally associated with comparable enclosed public parking garages in the City of Norfolk. (b) Except as otherwise set forth herein, City shall allow unimpeded and open access to and from the Garage at all times, i.e., twenty-four (24) hours per day, seven (7) days per week, including holidays. (c) The City shall maintain the Garage, or contract for the operation, maintenance and repair of the Demised Premises. Tenant shallthereof, at its sole expense and responsibility, maintain the Demised Premises, and all fixtures and appurtenances therein, and shall make all repairs thereto, as and when needed, to preserve them times in good working order and condition. Tenant , clean and free of rodents, in accordance with maintenance standards employed at comparable public parking areas in the City of Norfolk, so that the Garage shall be responsible for comply with all interior walls building codes, ordinances, regulations, and the interior and exterior of all windows and doors, as well as immediate replacement laws of any and all plate glass or other glass in the Demised Premises which may become broken, using glass of the same or better qualitygovernmental authority having jurisdiction thereof. The City shall be responsible for the maintenance and repair of the roofGarage and shall pay all charges for water, sewer, gas, electricity and other utilities. The term “maintenance” shall include, but not be limited to, painting, operation, inspection, testing, repair, replacement of mechanical, electrical or similar components and/or cleaning the exterior Garage, including any of its elevators and appurtenant facilities. (d) In the event of any damage or destruction of all or any portion of the BuildingGarage, all heating/ventilation/air conditioning (HVAC) equipment servicing the Demised Premises, the structural electrical and plumbing (other than plumbing surrounding any sink(s) and/or toilet(s), including such sink(s) and toilet(s) fixture(s), within the Demised Premises), the common areas and the chilled water supply system. The City shall maintain and/or repair those items that it is responsible for, so as to keep same in proper working condition. 13.2 All damage or injury of any kind to the Demised Premises, and including without limitation its fixtures, glass, appurtenances, and equipment (if any), or to the building fixtures, glass, appurtenances, and equipment, if any, except damage caused by the gross negligence and/or willful misconduct of the City, shall be the sole obligation of Tenant, and shall be repaired, restored, or replaced promptly by Tenant, at its sole expense and option, shall undertake to repair or rebuild the satisfaction Garage to provide, as promptly as reasonably possible after the date of the City. 13.3 All of the aforesaid repairs, restorations, and replacements shall be in quality and class equal to such damage or better than the original work or installations and shall be done in good workmanlike manner. 13.4 If Tenant fails to make such repairs, restorations, or replacementsdestruction, the same may be made then current Maximum Allocated Amount of parking. During the period of any such repair or rebuilding, the City shall provide replacement parking at other parking facilities owned by the City, at and such facilities will be located as conveniently to the expense of TenantProperty as possible and, if available, shall be a covered facility. If the City, in its sole and absolute discretion, chooses not to repair or rebuild the Garage, the City shall provide replacement parking in accordance with this Section 5(d). (e) The City shall provide and maintain interior and exterior illumination sufficient to illuminate the Garage and all sums means of pedestrian and expenses incurred vehicular access and egress thereto and therefrom between twilight and one hour after xxxx. (f) The City shall provide suitable and sufficient signs in and around the Garage as required for safe and orderly flow of pedestrian and vehicular traffic, including signage directing garage users to appropriate entrances and on any general directories provided by the City shall be collectable by in the City and shall be paid by Tenant within three (3) days following submittal of a bill or statement thereforeGarage. 13.5 It (g) The City shall be Tenant’s sole obligation have the right to make and responsibility to ensure that any renovationscomplete such replacements, repairs, and/or alterations and improvements made by Tenant to the Demised Premises comply Garage as it deems necessary or desirable in connection with all the aforementioned usage consistent with applicable building codes zoning laws. During the period of such replacements, repairs, alterations and life safety codes improvements, the City shall provide replacement parking as provided by paragraph 5(d). (h) In performing maintenance, the City shall use reasonable efforts to interfere as little as possible with the use, occupation and enjoyment of governmental authorities having jurisdictionthe Garage by Xxxxxx. If possible, maintenance shall be confined to the area actually being so maintained.

Appears in 1 contract

Samples: Garage Parking Agreement

OPERATION, MAINTENANCE AND REPAIR. 13.1 Tenant shall be solely responsible for the operation, maintenance and repair of the Demised Premises. Tenant shall, at its sole expense and responsibility, maintain the Demised Premises, and all fixtures and appurtenances therein, and shall make all repairs thereto, as and when needed, to preserve them in good working order and condition. Tenant shall be responsible for all interior walls and the interior and exterior of all windows and doors, as well as immediate replacement of any and all plate glass or other glass in the Demised Premises which may become broken, using glass of the same or better quality. The City shall be responsible for the maintenance of the roof, the exterior of the Building, all heating/ventilation/air conditioning (HVAC) equipment servicing the Demised Premises, the structural electrical and plumbing (other than plumbing surrounding any sink(s) and/or toilet(s), including such sink(s) and toilet(s) fixture(s), within the Demised Premises), the common areas and the chilled water supply system. The City shall maintain and/or repair those items that it is responsible for, so as to keep same in proper working condition. 13.2 All damage or injury of any kind to the Demised Premises, and including without limitation its fixtures, glass, appurtenances, and equipment (if any), or to the building fixtures, glass, appurtenances, and equipment, if any, except damage caused by the gross negligence and/or willful misconduct of the City, shall be the sole obligation of Tenant, and shall be repaired, restored, or replaced promptly by Tenant, at its sole expense and to the satisfaction of the City. 13.3 All of the aforesaid repairs, restorations, and replacements shall be in quality and class equal to or better than the original work or installations and shall be done in good workmanlike manner. 13.4 If Tenant fails to make such repairs, restorations, or replacements, the same may be made by the City, at the expense of Tenant, and all sums and expenses incurred by the City shall be collectable by the City and shall be paid by Tenant within three (3) days following submittal of a bill or statement therefore. 13.5 It shall be Tenant’s sole obligation and responsibility to ensure that any renovations, repairs, and/or improvements made by Tenant to the Demised Premises comply with all applicable building codes and life safety codes of governmental authorities having jurisdiction. 13.6 Tenant Responsibilities for Utilities (not included within Operating Expenses). Tenant is solely responsible for, and shall promptly pay when due, all charges and impact fees for any and all utilities (i.e. electric, internet, and telephone services) for the Demised Premises NOT included as an Operating Expense (pursuant to Subsection 3.2.1). In addition to other rights and remedies hereinafter reserved to the City, upon the failure of Tenant to pay for such utility services (as contemplated in this Subsection 13.6) when due, the City may elect, at its sole discretion, to pay same, whereby Xxxxxx agrees to promptly reimburse the City upon demand. In no event, however, shall the City be liable, whether to Tenant or to third parties, for an interruption or failure in the supply of any utilities or services to the Demised Premises. 13.7 TENANT HEREBY ACKNOWLEDGES AND AGREES THAT THE DEMISED PREMISES ARE BEING LEASED IN THEIR PRESENT “AS IS” CONDITION.

Appears in 1 contract

Samples: Lease Agreement

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OPERATION, MAINTENANCE AND REPAIR. 13.1 Tenant (a) City or its designated operator shall be solely responsible operate the Garage with all services and facilities normally associated with comparable enclosed public parking garages in the City of Norfolk. (b) Except as otherwise set forth herein, City shall allow unimpeded and open access to and from the Garage at all times, twenty-four (24) hours per day, seven (7) days per week, including holidays. (c) The City shall maintain the Garage, or contract for the operation, maintenance and repair of the Demised Premises. Tenant shallthereof, at its sole expense and responsibility, maintain the Demised Premises, and all fixtures and appurtenances therein, and shall make all repairs thereto, as and when needed, to preserve them times in good working order and condition. Tenant , clean and free of rodents, in accordance with maintenance standards employed at comparable public parking areas in the City of Norfolk, so that the Garage shall be responsible for comply with all interior walls building codes, ordinances, regulations, and the interior and exterior of all windows and doors, as well as immediate replacement laws of any and all plate glass or other glass in the Demised Premises which may become broken, using glass of the same or better qualitygovernmental authority having jurisdiction thereof. The City shall be responsible for the maintenance and repair of the roofGarage and shall pay all charges for water, sewer, gas, electricity and other utilities. The term “maintenance” shall include, but not be limited to, painting, operation, inspection, testing, repair, replacement of mechanical, electrical or similar components and/or cleaning the exterior Garage, including any of its elevators and appurtenant facilities. (d) In the event of any damage or destruction of all or any portion of the BuildingGarage, all heating/ventilation/air conditioning (HVAC) equipment servicing the Demised Premises, the structural electrical and plumbing (other than plumbing surrounding any sink(s) and/or toilet(s), including such sink(s) and toilet(s) fixture(s), within the Demised Premises), the common areas and the chilled water supply system. The City shall maintain and/or repair those items that it is responsible for, so as to keep same in proper working condition. 13.2 All damage or injury of any kind to the Demised Premises, and including without limitation its fixtures, glass, appurtenances, and equipment (if any), or to the building fixtures, glass, appurtenances, and equipment, if any, except damage caused by the gross negligence and/or willful misconduct of the City, shall be the sole obligation of Tenant, and shall be repaired, restored, or replaced promptly by Tenant, at its sole expense and option, shall undertake to repair or rebuild the satisfaction Garage to provide, as promptly as reasonably possible after the date of the City. 13.3 All of the aforesaid repairs, restorations, and replacements shall be in quality and class equal to such damage or better than the original work or installations and shall be done in good workmanlike manner. 13.4 If Tenant fails to make such repairs, restorations, or replacementsdestruction, the same may be made then current Maximum Allocated Amount of parking. During the period of any such repair or rebuilding, the City shall provide replacement parking at other parking facilities owned by the City, at and such facilities will be located as conveniently to the expense of TenantProperty as possible and, if available, shall be a covered facility. If the City, in its sole and absolute discretion, chooses not to repair or rebuild the Garage, the City shall provide replacement parking in accordance with this Section 5(d). (e) The City shall provide and maintain interior and exterior illumination sufficient to illuminate the Garage and all sums means of pedestrian and expenses incurred vehicular access and egress thereto and therefrom between twilight and one (1) hour after xxxx. (f) The City shall provide suitable and sufficient signs in and around the Garage as required for safe and orderly flow of pedestrian and vehicular traffic, including signage directing garage users to appropriate entrances and on any general directories provided by the City shall be collectable by in the City and shall be paid by Tenant within three (3) days following submittal of a bill or statement thereforeGarage. 13.5 It shall be Tenant’s sole obligation and responsibility to ensure that any renovations, repairs, and/or improvements made by Tenant to the Demised Premises comply with all applicable building codes and life safety codes of governmental authorities having jurisdiction.

Appears in 1 contract

Samples: Long Term Garage Parking Agreement

OPERATION, MAINTENANCE AND REPAIR. 13.1 Tenant (a) City or its designated operator shall be solely responsible operate the Garages with all services and facilities normally associated with comparable enclosed public parking Garages in the City of Norfolk. (b) Except as otherwise set forth herein, City shall allow unimpeded and open access to and from the Garages at all times, twenty-four (24) hours per day, seven (7) days per week, including holidays. (c) The City shall maintain the Garages, or contract for the operation, maintenance and repair of the Demised Premises. Tenant shallthereof, at its sole expense and responsibility, maintain the Demised Premises, and all fixtures and appurtenances therein, and shall make all repairs thereto, as and when needed, to preserve them times in good working order and condition. Tenant , clean and free of rodents, in accordance with maintenance standards employed at comparable public parking areas in the City of Norfolk, so that the Garages shall be responsible for comply with all interior walls building codes, ordinances, regulations, and the interior and exterior of all windows and doors, as well as immediate replacement laws of any and all plate glass or other glass in the Demised Premises which may become broken, using glass of the same or better qualitygovernmental authority having jurisdiction thereof. The City shall be responsible for the maintenance and repair of the roofGarages and shall pay all charges for water, sewer, gas, electricity and other utilities. The term “maintenance” shall include, but not be limited to, painting, operation, inspection, testing, repair, replacement of mechanical, electrical or similar components and/or cleaning the exterior Garages, including any of its elevators and appurtenant facilities. (d) In the event of any damage or destruction of all or any portion of the BuildingGarages, all heating/ventilation/air conditioning (HVAC) equipment servicing the Demised Premises, the structural electrical and plumbing (other than plumbing surrounding any sink(s) and/or toilet(s), including such sink(s) and toilet(s) fixture(s), within the Demised Premises), the common areas and the chilled water supply system. The City shall maintain and/or repair those items that it is responsible for, so as to keep same in proper working condition. 13.2 All damage or injury of any kind to the Demised Premises, and including without limitation its fixtures, glass, appurtenances, and equipment (if any), or to the building fixtures, glass, appurtenances, and equipment, if any, except damage caused by the gross negligence and/or willful misconduct of the City, shall be the sole obligation of Tenant, and shall be repaired, restored, or replaced promptly by Tenant, at its sole expense and option, shall undertake to repair or rebuild the satisfaction Garages to provide, as promptly as reasonably possible after the date of the City. 13.3 All of the aforesaid repairs, restorations, and replacements shall be in quality and class equal to such damage or better than the original work or installations and shall be done in good workmanlike manner. 13.4 If Tenant fails to make such repairs, restorations, or replacementsdestruction, the same may be made then current Maximum Allocated Amount of parking. During the period of any such repair or rebuilding, the City shall provide replacement parking at other parking facilities owned by the City, at and such facilities will be located as conveniently to the expense of TenantProperty as possible and, if available, shall be a covered facility. If the City, in its sole and absolute discretion, chooses not to repair or rebuild the Garages, the City shall provide replacement parking in accordance with this Section 5(d). (e) The City shall provide and maintain interior and exterior illumination sufficient to illuminate the Garages and all sums means of pedestrian and expenses incurred vehicular access and egress thereto and therefrom between twilight and one (1) hour after xxxx. (f) The City shall provide suitable and sufficient signs in and around the Garages as required for safe and orderly flow of pedestrian and vehicular traffic, including signage directing Garages users to appropriate entrances and on any general directories provided by the City shall be collectable by in the City and shall be paid by Tenant within three (3) days following submittal of a bill or statement thereforeGarages. 13.5 It (g) The City shall be Tenant’s sole obligation have the right to make and responsibility to ensure that any renovationscomplete such replacements, repairs, and/or alterations and improvements made by Tenant to the Demised Premises comply Garages as it deems necessary or desirable in connection with all the aforementioned usage consistent with applicable building codes zoning laws. During the period of such replacements, repairs, alterations and life safety codes improvements, the City shall provide replacement parking as provided by paragraph 5(d). (h) In performing maintenance, the City shall use reasonable efforts to interfere as little as possible with the use, occupation and enjoyment of governmental authorities having jurisdictionthe Garages by Xxxxxx. If possible, maintenance shall be confined to the area actually being so maintained.

Appears in 1 contract

Samples: Long Term Garage Parking Agreement

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