Alterations and Repairs Tenant shall not make any alterations in or construct any additions to the Premise without the Landlord's prior specific written consent secured in each and every instance. If the Landlord shall consent to such alterations or additions, before commencement of the work or delivery of any materials into the Building or upon the Premises, the Tenant shall furnish to the Landlord as it may require, the following materials for Landlord's prior written approval: final engineering plans and specifications (and "as-builts" after completion); names and addresses of all contractors, sub-contractors, and materialmen, copies of all contracts and necessary permits; indemnification in form and amount satisfactory to Landlord; required certificates of insurance from all contractors performing labor or furnishing materials insuring the Landlord in breadth of coverage, by type and amount, to protect it against any and all liabilities which may arise out of or be connected in any way with said additions or alterations; and advance waivers of lien against any and all claims, costs, damages, liabilities and expenses of any kind which may arise in connection with the alterations or additions. Whether the Tenant furnishes the Landlord with the foregoing or not, the Tenant hereby agrees to hold the Landlord, its beneficiaries and the partners thereof, and their respective agents and employees, harmless from any and all liabilities of every kind and description which may arise out of, or be connected in any way with, said alterations or additions, except liabilities resulting from the negligence of Landlord or its agents or employees, and , if requested by Landlord, Tenant shall, at its own costs, appear and defend Landlord, its beneficiaries and the partners thereof, and their respective agents and employees by legal counsel satisfactory to Landlord. Any mechanic's lien filed against the Premises, the Building, or the Property for work or materials claimed to have been furnished to the Tenant shall be discharges of record by the Tenant within ten (10) days thereafter, at Tenant's expense, except if Tenant shall elect to contest as provided hereinafter. If Tenant shall fail to have said lien satisfied and released of record as aforesaid or, as to any lien claim which Tenant shall elect to contest, shall fail to (i) post a satisfactory bond or other security in such form and amount as shall be agreeable to Landlord or (ii) promptly contest and diligently and expeditiously prosecute to successful conclusion any such lien claim, then after ten (10) days' notice to Tenant and on behalf of Tenant, Landlord may, without being responsible for making any investigation as to the validity thereof, pay the amount of said lien and Tenant shall promptly reimburse Landlord therefor. The Tenant shall pay the cost of all such alterations and additions and also the cost of decorating the Premises as may be occasioned by such alterations and additions. Upon completing any alterations or addition, the Tenant shall furnish the Landlord with contractors' affidavits and full and final waivers of lien all fully executed in proper form and subject to approval of Landlord's counsel, and receipted bills covering all labor and materials provided and used. All additions and alterations shall be constructed in a good and workmanlike manner and only new, high grade, building standard or better quality materials shall be used. All alterations and additions shall comply with all insurance requirements and with all ordinances and regulations of the Village of Bannockburn and any department, commission or agency thereof and with the requirements of ll statutes and regulations of the State of Illinois and County of Lake and of any department, commission or agency thereof. The Tenant shall permit the Landlord to supervise construction operations in connection with alterations or additions if the Landlord requests to do so. All additions, hardware, non-trade fixtures and all improvements, temporary or permanent, in or upon installation, and shall, unless the Landlord requests their removal, by notice to Tenant, remain upon the Premises at the termination of this Lease, by lapse of time or otherwise, without compensation or allowance or credit to the Tenant. If, upon the Landlord's notice, the Tenant does not remove said additions, hardware, non-trade fixtures and improvements, the Landlord may remove the same and the Tenant shall pay the cost of such removal to the Landlord promptly upon demand. Notwithstanding anything herein to the contrary, if Landlord desires that any addition, hardware, non-trade fixture or improvement (whether temporary or permanent), in or upon the Premises, be removed by Tenant at the termination of this Lease, Landlord shall so advise Tenant prior to the installation of such item in order that Tenant may determine whether such items should be installed in light of Landlord's desire that such item be removed by Tenant at a later date, provided Tenant has given Landlord, prior to the installation of such item, reasonable written notice of the intended installation allowing Landlord and its engineers and architects to examine such plans, and Tenant has complied with all other provisions of this Lease which may affect such installation. The Tenant shall remove the Tenant's furniture, machinery, safes, trade fixtures and other items of personal property of ever kind and description from the Premises prior to the end of the Term, however ended, or in the event Tenant's right to possession is terminated without a termination of this Lease. If not so, removed, the Landlord may request their removal, and if the Tenant does not remove them, the Landlord may, but shall not be required to, do so and the Tenant shall pay the cost of such removal to the Landlord promptly upon demand. If the Landlord does not request their removal, all such items shall be conclusively presumed to have been conveyed by the Tenant to the Landlord under this Lease as a Xxxx of Sale without further payment or credit by the Landlord to the Tenant. Subject to the provisions of Section 8 and 17 and at its own cost and expense, Tenant shall keep the Premises in good order, condition and repair during the Term including but not limited to, the replacement of all interior broken glass with glass of the same size and quality, with the approval of the Landlord. If the Tenant does not make repairs promptly and adequately, the Landlord may elect, but shall not be required, to make repairs upon ten (10) days prior to notice to Tenant, and the Tenant shall promptly pay the cost thereof. At any time or times, the Landlord, either voluntarily or pursuant to governmental requirements, may, at the Landlord's own expense, make repairs, alterations or improvements in or to the Building or any part thereof, including the Premises, and, during operations, may close entrances, doors, corridors, elevators or other facilities, all without any liability to the Tenant by reason of interference, inconvenience or annoyance. The Landlord shall not be liable to the Tenant for any expense, injury, loss or damage resulting from work done in or upon, or the use of any adjacent or nearby building, land, or street. The Tenant shall pay the Landlord for overtime and any other expense incurred in the event repairs, alterations, decorating or other work performed in the Premises is performed at the Tenant's request during non-ordinary business hours.
Maintenance and Repairs 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.
