Common use of Repairs and Maintenance by Tenant Clause in Contracts

Repairs and Maintenance by Tenant. During the Lease Term Tenant will, at Tenant's sole cost and expense, keep and maintain the Leased Premises in good order and condition, and make all needed repairs, restorations, and replacements to the Leased Premises, including without limitation the heating, ventilating, air conditioning, mechanical, electrical and plumbing systems, and the fixtures and appurtenances to the Leased Premises as and when needed to preserve them in good working order and condition, and regardless of whether the repairs, restorations, and replacements are ordinary or extraordinary, foreseeable or unforeseeable, capital or noncapital. In addition, Tenant shall be responsible for yard maintenance for the Building and providing janitorial and waste removal and pest control and extermination services for the Leased Premises. Nothing contained herein shall entitle Tenant to make any repairs, alterations or additions to the Leased Premises or the Building at Landlord's expense, or to terminate the Lease based on the physical condition of the Leased Premises or the Building. All repairs, restorations, and replacements will be in quality and class equal to the original work or installations. If Tenant fails to make any repairs, restorations, or replacements as provided by this Lease, Landlord may make them at the expense of Tenant and such expense will be collectible as Additional Rent and will be paid by Tenant within fifteen (15) days after delivery of a statement for such expense. At the termination or expiration of the term of this Lease, Tenant will deliver the Leased Premises in good repair and condition, reasonable wear and tear excepted.

Repairs and Maintenance by Tenant. During Except as expressly provided in Section 14, Tenant shall keep and maintain the Lease Premises and the fixtures therein in good order and repair during the Term Tenant will, at Tenant's sole cost and expense. Notwithstanding anything herein to the contrary, Tenant will keep all non-structural elements and maintain the Leased Premises interior of the Premises, interior window panes, interior plate glass, backed-up toilets, door closers, interior door knobs and locks, in good order and conditionrepair and will make all repairs and replacements thereto at its expense; and will surrender the Premises at the expiration of the Term or at such other time as it may vacate the Premises in as good condition as when received, excepting ordinary wear and tear and casualty. Tenant will not overload the electrical wiring serving the Premises or within the Premises, and make all needed repairswill install at its expense, restorations, and replacements subject to the Leased Premisesprovisions of this Lease, including without limitation the heating, ventilating, air conditioning, any additional electrical wiring which may be required in connection with Tenant's equipment. Any damage sustained by any party caused by mechanical, electrical electrical, plumbing or any other equipment or installations, whose maintenance and plumbing systems, and repair is the fixtures and appurtenances to the Leased Premises as and when needed to preserve them in good working order and condition, and regardless responsibility of whether the repairs, restorations, and replacements are ordinary or extraordinary, foreseeable or unforeseeable, capital or noncapital. In addition, Tenant shall be responsible for yard maintenance for the Building paid by Tenant, and providing janitorial Tenant shall indemnify and waste removal hold Landlord harmless from and pest control against any and extermination services for the Leased Premisesall claims, actions, damages and liability in connection therewith, including, but not limited to attorneys' and other professional fees, and any other cost which Landlord might reasonably incur. Nothing contained herein shall entitle Tenant to make any repairs, alterations or additions All injury to the Leased Premises or the Building at Landlord's expenseand all breakage done by Tenant, or to terminate Tenant's agents, contractors, directors, employees, invitees, licensees or officers shall be promptly repaired by the Lease based on Tenant at Tenant's sole expense. In the physical condition of event that the Leased Premises or the Building. All repairs, restorations, and replacements will be in quality and class equal to the original work or installations. If Tenant fails shall fail to make any repairsrepairs required pursuant to this Section 15, restorationsLandlord, after reasonable notice and opportunity to cure delivered to Tenant, shall have the right to make such repairs and any charge or replacements as provided cost so incurred by this Lease, the Landlord may make them at the expense of Tenant and such expense will be collectible as Additional Rent and will shall be paid by Tenant within fifteen fourteen (1514) days after delivery of a statement for such expensewritten demand therefore. At the termination Tenant will indemnify and hold Landlord harmless from and against any and all expenses, liens, claims or expiration damages to person or property which may or might arise by reason of the term making of this Lease, Tenant will deliver any such repairs. This provision shall be construed as an additional remedy granted to the Leased Premises Landlord and not in good repair limitation of any other rights and condition, reasonable wear and tear exceptedremedies which the Landlord has or may have in said circumstances.

Repairs and Maintenance by Tenant. During the Lease Term Tenant will, at Tenant's sole cost shall make and expense, keep and maintain the Leased Premises in good order and condition, and make pay for all needed repairs, restorations, and replacements repairs to the Leased Premisesinterior of the Premises and shall replace all things necessary to keep the same in a good state of repair, including without limitation the heatingsuch as, ventilatingbut not limited to, all fixtures, furnishings, lighting, air conditioning, mechanicaldoors, electrical store fronts, windows and plumbing systemsstore signs of Tenant. Tenant shall then maintain, replace and keep in good repair all air conditioning, plumbing, heating, and electrical installations for the fixtures Premises. Any air conditioning unit supplied by Tenant shall remain in the Premises for the duration of the Lease Term and any renewals thereof, and shall become the property of the Landlord upon installation of such unit. Tenant shall at all times keep the Premises and the immediate areas in front, behind and adjacent to it, exterior entrances, exterior walls, all glass and show windows, moldings and bulkheads, and all partitions, doors, floor surfaces, fixtures, air conditioner/HVAC, equipment and appurtenances thereof in good order, condition and repair, and in a satisfactory condition of cleanliness, including reasonable periodic painting of the interior of the Premises. Tenant shall be fully responsible and liable for the maintenance and lighting of all its exterior signs, and shall periodically repaint metal surfaces that rust or begin to deteriorate from any causes. Any damage to the Leased exterior walls to which a sign may be attached, including but not limited to rust stains and structural cracking of the facia, caused by Tenant's use of such sign, shall be repaired by Tenant at its own cost. Tenant shall make such other necessary repairs in and to the Premises not specified in Article 6.1 hereof as and when needed to preserve them in good working order and conditionthe responsibility of Landlord, and regardless shall keep in force a standard maintenance agreement with a company acceptable to Landlord on all air conditioning equipment and provide a copy of whether the repairs, restorations, and replacements are ordinary or extraordinary, foreseeable or unforeseeable, capital or noncapitalsaid maintenance agreement to Landlord. In additionaddition to the foregoing, Tenant shall be responsible for yard maintenance for install, repair, replace and maintain fire extinguishers and other fire prevention equipment in the Building and providing janitorial and waste removal and pest control and extermination services for Premises in accordance with the Leased Premises. Nothing contained herein shall entitle Tenant to make any repairs, alterations recommendations or additions to the Leased Premises or the Building at requirements of Landlord's expensefire engineer or Landlord's fire insurance carrier, or to terminate the Lease based on the physical condition in accordance with any future recommendations of the Leased Premises Xxxxxxxx's fire insurance carrier or the Building. All repairsfire engineer, restorations, and replacements will be as well as in quality and class equal to the original work or installationsaccordance with applicable governmental codes. If Tenant fails refuses or neglects to properly repair and/or maintain the Premises as required herein and to the reasonable satisfaction of Landlord as soon as reasonably possible after written demand, Landlord may, but shall not be obligated to, make such repairs and/or maintenance, without liability for any repairsloss or damage that may accrue to Tenant's merchandise, restorationsfixtures, or replacements as provided other property or to Tenant's business by this Leasereason thereof, Landlord may make them at the expense of and upon completion thereof, Tenant and shall pay Landlord's costs for making such expense will be collectible as Additional Rent and will be paid by Tenant within fifteen (15) days after delivery of a statement repairs plus 20% for such expense. At the termination or expiration overhead, upon presentation of the term bill. Such bill shall include interest at 18% per annum on the cost from the date of this Lease, Tenant will deliver completion of repairs until the Leased Premises in good repair and condition, reasonable wear and tear excepteddate payment is received by Landlord.

Repairs and Maintenance by Tenant. During the Lease Term Tenant will, at Tenant's sole cost shall make and expense, keep and maintain pay for all repairs to the Leased Premises and all equipment and systems serving the Leased Premises exclusively and shall replace all things which are necessary to keep the same in good state of repair and operating order, such as (but not limited to) all fixtures, furnishings, lighting and store signs of Tenant. Tenant shall also maintain, replace and keep in good repair and operating order all air conditioning, ventilating, plumbing, sprinkling, heating and electrical installations, ceilings, inside walls and carpeting and floor surfaces serving the Leased Premises whether located within or without the Leased Premises. Tenant shall at all times keep the Leased Premises and all exterior entrances, exterior walls, glass and show moldings, partitions, doors, floor surfaces, fixtures,, equipment and appurtenances thereof in good order, condition and repair and in a reasonable satisfactory condition of cleanliness, including reasonably periodic painting of the Leased Premises, and Tenant shall make such other necessary repairs in or to the Leased Premises not specified in Section 6.1 hereof as being the responsibility of Landlord. Tenant shall at its expense replace all broken or damaged glass or substitutes therefor, as the case may be. The provisions of this Section 6.2 shall not limit Landlord's obligation to restore or repair under Article VIII hereof in the event of fire or other casualty. (i) Tenant does not repair properly as required hereunder and to the reasonable satisfaction of landlord, or (ii) Landlord, in the exercise of this sole discretion, determines that emergency repairs are necessary or (iii) repairs or replacements to the Shopping Center and/or common areas of the Leased Premises are made necessary by any act or omission or negligence of Tenant, its employees, subtenants, assignees, concessionaires, contractors invitees, licensees or visitors, then in any of such events Landlord may make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant's merchandise, fixtures, or other property or to Tenant's business by reason thereof, and upon completion thereof, Tenant shall pay Landlord's costs for making such repairs plus twenty percent (20%) for overhead, upon presentation of a xxxx therefor, as additional rent. Said xxxx shall include interest from the date such repairs were billed by the contractors making such repairs. Tenant agrees to repair and maintain in good order and condition, and make all needed repairs, restorations, and replacements to condition the non-structural interior portions of the Leased Premises, including without limitation the store front, show windows, doors, windows, plate and window glass, floor covering plumbing, heating, ventilating, air conditioning, mechanical, conditioning electrical and plumbing systemssewerage system, facilities and appliances. Tenant at its sole cost, shall maintain the fixtures and appurtenances to the Leased Premises as and when needed to preserve them in good working order and condition, and regardless of whether the repairs, restorations, and replacements are ordinary or extraordinary, foreseeable or unforeseeable, capital or noncapital. In addition, Tenant shall be responsible for yard maintenance for the Building and providing janitorial and waste removal and pest control and extermination services air conditioning (including heating units(s) for the Leased Premises) in good condition and repair throughout the term of this Lease. Nothing contained herein As a part of this air conditioning maintenance obligation, Tenant shall entitle Tenant enter into an annual contract with an air conditioning repair from fully licensed to make any repairsrepair air conditioning units in the State of Florida, alterations or additions to which firm shall: (1) Regularly service the air conditioning unit(s) on the Leased Premises or the Building at Landlord's expenseon a monthly basis, or to terminate the Lease based changing belts, filters and other parts as required; (2) Perform emergency and extraordinary repairs on the physical condition air conditioning unit(s); (3) Keep a detailed record of all services performed on the Leased Premises or the Building. All repairs, restorations, and replacements will prepare a yearly service report to be in quality and class equal furnished to the original work or installations. If Tenant fails to make any repairs, restorations, or replacements as provided by this Lease, Landlord may make them at the expense end of each calendar year. Tenant and such expense will be collectible as Additional Rent and will be paid by Tenant within fifteen shall furnish to Landlord, at the end of each calendar year, a copy of said yearly service report. Not later than thirty (1530) days after delivery prior to the date of a statement for such expense. At the termination or expiration commencement of the term of this LeaseLease and annually thereafter, Tenant will deliver shall furnish to Landlord a copy of the Leased Premises air conditioning maintenance contract described above, and proof that the annual premium for the maintenance contract has been paid. Nothing stated herein above shall limit Tenant's obligation to maintain the air conditioning unit(s) in good condition and repair and condition, reasonable wear and tear exceptedthroughout the term of this Lease.

Repairs and Maintenance by Tenant. During the Lease Term Tenant willshall, at Tenant's ’s sole cost and expense, make all repairs to the Premises for which Landlord is not specifically responsible under Section 6.1, and shall replace all things necessary to keep and maintain the Leased Premises same in good order and conditionrepair, including, but not limited to, all fixtures, furnishings, lighting, windows, doors, and make all needed repairs, restorations, and replacements to the Leased Premises, including without limitation the heating, ventilating, air conditioning, mechanical, electrical and plumbing systems, and the fixtures and appurtenances to the Leased Premises as and when needed to preserve them in good working order and condition, and regardless store signs of whether the repairs, restorations, and replacements are ordinary or extraordinary, foreseeable or unforeseeable, capital or noncapitalTenant. In additionFurther, Tenant shall be responsible for yard maintenance maintain, replace and keep in good order and repair all plumbing (including grease traps), electrical, and heating, venting and air conditioning (“HVAC”) systems for the Building and providing janitorial and waste removal and pest control and extermination services Premises. Any HVAC system supplied by Tenant shall remain as a part of the Premises for the Leased duration of the Lease Term and any renewals thereof, and shall become the property of Landlord upon installation of such system. Tenant shall at all times keep the Premises and the immediate areas in front of, behind and adjacent to it, exterior entrances, all glass and show windows, moldings and bulkheads, and all partitions, doors, floor surfaces, fixtures, equipment and appurtenances thereof in good order, condition and repair, and shall maintain the Premises in a satisfactory condition of cleanliness and appearance, including reasonable periodic painting of the interior and, if applicable, the exterior of the Premises. Nothing contained herein Tenant shall entitle Tenant be fully responsible and liable for the maintenance, repair, and lighting of all its exterior signs and the maintenance and repair of its sign panels installed on the pylon sign (such sign panels to make be maintained in conformity with Tenant’s Sign Package affixed hereto as Exhibit E) that is shared by all the tenants in the Home Center Village Shopping Center, and shall periodically repaint metal surfaces that rust or begin to deteriorate from any repairs, alterations or additions causes. Any damage to the Leased Premises or the Building at Landlord's expenseexterior walls to which a sign may be attached, or including but not limited to terminate the Lease based on the physical condition rust stains and structural cracking of the Leased Premises fascia, caused by Tenant’s signage shall be repaired by Tenant at its sole cost. Tenant shall obtain and deliver to Landlord, at Tenant’s sole cost, a maintenance agreement with a reputable licensed HVAC contractor reasonably approved by Landlord for the servicing of the HVAC system throughout the Term of this Lease and all extensions thereof. At a minimum, the HVAC system shall be serviced at least once per quarter by the service provider, including, but not limited to: (i) changing the filters, (ii) inspecting and, if necessary, cleaning condensing coils and evaporator coils, (iii) inspecting and, if necessary, tightening or replacing the Building. All repairs, restorationsbelt on any HVAC unit having a belt driven fan, and replacements will be in quality and class equal to the original work or installations(iv) inspecting and, if necessary, tightening any electrical terminations. If Tenant fails refuses or neglects to make properly repair and/or maintain the Premises as required herein to the reasonable satisfaction of Landlord, Landlord may, but shall not be obligated to, complete such repairs and/or maintenance, without liability for any repairsloss or damage that may accrue to Tenant’s merchandise, restorationsfixtures, or replacements as provided other property or to Tenant’s business by this Leasereason thereof, Landlord may make them at the expense of and upon completion thereof, Tenant and shall pay Landlord’s costs for making such expense will be collectible as Additional Rent and will be paid by Tenant repairs within fifteen thirty (1530) days after delivery of a statement for receipt of an invoice from Landlord, which invoice shall include documentation supporting such expense. At the termination or expiration of the term of this Lease, Tenant will deliver the Leased Premises in good repair and condition, reasonable wear and tear exceptedcosts.

Repairs and Maintenance by Tenant. During the Lease Term Tenant willagrees, at Tenant's sole cost and expense, to keep the Premises in a clean, safe and maintain sanitary condition. Tenant agrees to immediately replace broken glass in exterior and interior windows and doors with glass of the Leased same quality, and, on Landlord's request, to remove any encroachments maintained or authorized by Tenant on any public place without Landlord's prior written consent. Tenant also agrees to keep the Premises (including exterior entrances, fronts and the interior of exterior walls), all partitions, doors, fixtures and equipment (including lighting, heating and plumbing fixtures and any air conditioning system) in the Premises in good order order, condition and conditionrepair and in compliance with all applicable laws, rules and regulations. Tenant agrees to keep the Premises, the walkways adjacent to the Premises, and any loading platform and service areas allocated for the exclusive use of Tenant, clean and free from rubbish and dirt at all times. Tenant agrees to store all trash and garbage within the Premises and to arrange for the regular pick-up of such trash and garbage at Tenant's expense, unless garbage pick-up is provided by Landlord. The cost of maintenance and repair of that part of any wall shared with other tenants of the Building will be borne equally by all tenants sharing such wall; provided, however, Tenant will be solely responsible for repairs to such shared walls necessitated by the negligence or intentional acts or omissions of Tenant, its agents, employees or licensees. If Tenant refuses or neglects to commence repairs within ten (10) days after receipt of written demand from Landlord, or adequately to complete such repairs within a reasonable time after such demand, Landlord, in addition to any other rights and remedies contained in this Lease or available to Landlord at law or in equity, may enter the Premises and make all needed the repairs, restorations, at Tenant's expense and replacements without liability to the Leased Premises, including without limitation Tenant for any loss or damage which may accrue to Tenant's stock or business by reason of such entry and repair work. Landlord may enter into repair or maintenance contracts covering the heating, ventilating, air conditioning, mechanical, electrical conditioning and plumbing systemsventilation systems located on the Premises and other parts of the Building, and Tenant agrees to pay for the fixtures and appurtenances service or repairs rendered under such contracts to the Leased Premises as extent that such charges are attributable to items which Tenant is obligated to maintain and when needed to preserve them in good working order and condition, and regardless of whether the repairs, restorations, and replacements are ordinary or extraordinary, foreseeable or unforeseeable, capital or noncapital. In addition, Tenant shall be responsible for yard maintenance for the Building and providing janitorial and waste removal and pest control and extermination services for the Leased Premises. Nothing contained herein shall entitle Tenant to make any repairs, alterations or additions to the Leased Premises or the Building at Landlord's expense, or to terminate the Lease based on the physical condition of the Leased Premises or the Building. All repairs, restorations, and replacements will be in quality and class equal to the original work or installations. If Tenant fails to make any repairs, restorations, or replacements as provided by repair under this Lease, Landlord may make them at the expense of Tenant and such expense will be collectible as Additional Rent and will be paid by Tenant within fifteen (15) days after delivery of a statement for such expense. At the termination or expiration of the term of this Lease, Tenant will deliver the Leased Premises in good repair and condition, reasonable wear and tear exceptedSECTION 8.6.

Repairs and Maintenance by Tenant. During Tenant shall make and pay for all repairs to the interior of the Premises and shall replace all things necessary to keep the same in a good state of repair, such as, but not limited to, all fixtures, furnishings, lighting, doors, and store signs of Tenant. Tenant shall maintain, replace and keep in good repair all air-conditioning, plumbing, heating and electrical installations for the Premises. Any air-conditioning unit supplied by Tenant shall remain in the Premises for the duration of the Lease Term and any renewals thereof, and shall become the property of the Landlord upon installation of such unit. Tenant willshall at all times keep the Premises and the immediate areas in front, behind and adjacent to it, exterior entrances, all glass and show windows, moldings and bulkheads, and all partitions, doors, floor surfaces, fixtures, equipment and appurtenances thereof in good order, condition and repair, and in a satisfactory condition of cleanliness. Tenant shall be fully responsible and liable for the maintenance and lighting of all its exterior signs, and shall periodically repaint metal surfaces that rust or begin to deteriorate from any causes. Any damage to the exterior walls to which a sign may be attached, including but not limited to rust stains and structural cracking of the facia, caused by Tenant's use of such sign, shall be repaired by Tenant at its own cost. Tenant shall make such other necessary repairs in and to the Premises not specified in Section 5.1 hereof as the responsibility of Landlord, and shall obtain, at Tenant's sole cost cost, a maintenance agreement, subject to Landlord's approval, with a reputable HVAC contractor for the servicing of the HVAC system throughout the Term of this Lease and expense, keep and maintain all renewals thereafter. The agreement shall provide that the Leased Premises in good order and condition, and make all needed repairs, restorations, and replacements HVAC system shall be serviced at least four (4) times each year by the service provider. Landlord shall be provided with a copy of said agreement. In addition to the Leased Premises, including without limitation the heating, ventilating, air conditioning, mechanical, electrical and plumbing systems, and the fixtures and appurtenances to the Leased Premises as and when needed to preserve them in good working order and condition, and regardless of whether the repairs, restorations, and replacements are ordinary or extraordinary, foreseeable or unforeseeable, capital or noncapital. In additionforegoing, Tenant shall install, repair, replace and maintain fire extinguishers and other fire prevention equipment, in accordance with the recommendations or requirements of Landlord's fire engineer or Landlord's fire insurance carrier or in accordance with any future recommendations of Landlord's fire insurance carrier or fire engineer, and in accordance with applicable governmental codes. All garbage and refuse shall be responsible kept in the kind of container specified by Landlord or duly constituted public authority, and shall be placed outside of the Premises prepared for yard maintenance collection in the manner and at the times and places specified by Landlord. If Landlord shall provide or designate a service for picking up refuse and garbage, Tenant shall use same at Tenant's cost. Tenant shall pay the cost of removal of any Tenant's refuse or rubbish and maintain all common loading areas and areas adjacent to garbage receptacles in a clean manner satisfactory to the Landlord. Should Tenant fail to keep the area around his garbage receptacle in a clean manner as specified by Landlord, Landlord or its agents or subcontractors may clean such area and bill Xxxant for the Building and providing janitorial and waste removal and pest control and extermination services for the Leased Premises. Nothing contained herein shall entitle Tenant cost of cleaning plus 20% overhead, to make any repairs, alterations or additions to the Leased Premises or the Building at Landlord's expense, or to terminate the Lease based on the physical condition be paid upon presentation of the Leased Premises or the Building. All repairs, restorations, and replacements will be in quality and class equal to the original work or installationsbill. If Tenant fails refuses or neglects to properly repair and/or maintain the Premises as required herein and to the reasonable satisfaction of Landlord as soon as reasonably possible after written demand, Landlord may, but shall not be obligated to, make such repairs and/or maintenance, without liability for any repairsloss or damage that may accrue to Tenant's merchandise, restorationsfixtures, or replacements as provided other property or to Tenant's business by this Leasereason thereof, Landlord may make them and upon completion thereof, Tenant shall pay Landlord's costs for making such repairs plus twenty percent (20%) for overhead, upon presentation of the bill. Xxch bill xxxll include interest at the expense of Tenant and such expense will be collectible as Additional Rent and will be paid by Tenant within highest permissible non-usurious rate or, if there is none, then at fifteen percent (15%) days after delivery per annum on the cost from the date of a statement for such expense. At completion of repairs until the termination or expiration of the term of this Lease, Tenant will deliver the Leased Premises in good repair and condition, reasonable wear and tear excepteddate payment is received by Landlord.

Repairs and Maintenance by Tenant. During Tenant shall make and pay for all repairs to the Lease Term Building, whether structural or non-structural, mechanical or non--mechanical, including (without limitation) necessary repairs to the exterior walls, the roof, the slab, foundations, load bearing members, plumbing, pipes, and conduits located outside the Leased Premises and necessary repairs to the sidewalks, parking areas (if any) and curbs, the fixtures and appurtenances in the Leased Premises and all equipment and systems serving the Building and shall replace all things which are necessary to keep the same in a good state of repair and operating order. Tenant willshall also maintain, replace and keep in good repair and operating order all plumbing, sprinklering, electrical installations, ceilings, inside walls and carpeting and floor surfaces, and all air-conditioning, ventilating and heating installations (whether located within or without the Leased Premises). Tenant shall at all times keep the Leased Premises and all exterior entrances, glass and show moldings, partitions, doors, floor surfaces, fixtures, equipment and appurtenances thereof in good order, condition and repair, and in a reasonably satisfactory condition of cleanliness, including reasonably periodic painting of the interior of the Leased Premises, and Tenant shall make all other necessary repairs in and to the Property. Tenant shall, at its expense, promptly replace all broken or damaged glass or substitutes therefor, as the case may be. If (i) Tenant does not repair or restore properly as required hereunder and to the reasonable satisfaction of Landlord, or (ii) Landlord, in the exercise of its sole discretion, determines that emergency repairs are necessary, or (iii) repairs or replacements to the to the Property are made necessary by any act or omission or negligence of Tenant, its agents,employees, subtenants, assignees, concessionaires, contractors, invitees, licensees or visitors, then in any of such events Landlord may, after written notice to Tenant (except in case of emergency in which case no notice shall be required), make such repairs or replacements without liability to Tenant for any loss or damage that may accrue to Tenant's merchandise, fixtures or other property or to Tenant's business by reason thereof, and upon completion thereof, or upon Landlord's obtaining or maintaining said contract Tenant shall pay Landlord's costs plus fifteen (15%) percent for overhead, upon presentation of a xxxx therefor, as additional rent. Said xxxx shall include Interest (as defined in Section 11.10) from the date such repairs were paid by Landlord to the contractor(s) making such repairs. The performance by Landlord of any such obligation shall not constitute a release or waiver of Tenant therefrom. Anything elsewhere in this lease to the contrary notwithstanding, if the Fire Insurance Exchange or any bureau, department or official of the federal, state or city government require or recommend the installation of a sprinkler system or that any changes, modifications, alterations, or additional sprinkler heads or other equipment be made or supplied to an existing sprinkler system by reason of Tenant's business, or the location of partitions, trade fixtures, or other contents of the Leased Premises, or if any such sprinkler system installations, changes, modifications, alterations, additional sprinkler heads or other such equipment, become necessary to obtain Landlord's insurance coverage or to prevent the imposition of a penalty or charge against the full allowance for a sprinkler system in the fire insurance rate set by any said Exchange or by any fire insurance company, Tenant shall, at Tenant's sole cost and expense, keep and maintain the Leased Premises in good order and conditionpromptly make such sprinkler system installations, changes, modifications, alterations, and make all needed repairs, restorations, and replacements to the Leased Premises, including without limitation the heating, ventilating, air conditioning, mechanical, electrical and plumbing systems, and the fixtures and appurtenances to the Leased Premises supply additional sprinkler heads or other equipment as and when needed to preserve them in good working order and condition, and regardless of required whether the repairs, restorations, and replacements are ordinary or extraordinary, foreseeable or unforeseeable, capital or noncapital. In addition, Tenant work involved shall be responsible for yard maintenance for the Building and providing janitorial and waste removal and pest control and extermination services for the Leased Premises. Nothing contained herein shall entitle Tenant to make any repairs, alterations structural or additions to the Leased Premises or the Building at Landlord's expense, or to terminate the Lease based on the physical condition of the Leased Premises or the Building. All repairs, restorations, and replacements will be non--structural in quality and class equal to the original work or installations. If Tenant fails to make any repairs, restorations, or replacements as provided by this Lease, Landlord may make them at the expense of Tenant and such expense will be collectible as Additional Rent and will be paid by Tenant within fifteen (15) days after delivery of a statement for such expense. At the termination or expiration of the term of this Lease, Tenant will deliver the Leased Premises in good repair and condition, reasonable wear and tear exceptednature.

Repairs and Maintenance by Tenant. During (a) Tenant shall keep the Lease Term Tenant willPremises in good clean condition and shall, at Tenant's its sole cost and expense, keep and maintain the Leased Premises in good order and condition, and make all needed repairsrepairs and replacements. Tenant shall keep all plumbing units, restorationspipes, and replacements connections free from obstruction and protected against ice and freezing. If any repairs required to be made by Tenant hereunder are not made within ten (10) days after written notice delivered to Tenant by Landlord (except that in an emergency no notice shall be required), at Landlord's option, and in addition to Landlord's other remedies under this Lease, at law or in equity, Landlord may (but shall not be obligated to) make such repairs without liability to Tenant for any loss or damage that may result to its stock or business by reason of such repairs. Within sixty (60) days, Tenant shall pay to Landlord as Additional Rent hereunder the cost of such completed or ongoing repairs plus ten percent (10%) of the amount thereof, and failure to do so shall constitute an event of default hereunder for any non insurance related damages. (b) Maintenance and replacement of the air conditioning and heating equipment shall be Tenant's sole responsibility throughout the entire Term of this Lease. Tenant shall provide Landlord with proof of a service and maintenance agreement upon occupancy. Landlord represents and warrants that as of the Commencement Date the air conditioning and heating equipment has been inspected, maintained and is in proper working order. (c) Tenant shall, at its sole cost and expense maintain, and repair the Equipment. Tenant shall keep in place during the Lease, service or maintenance contract(s) or plan(s) for the Equipment which shall comply with the specifications or requirements established by the manufacturer(s) of the Equipment. Tenant shall provide Landlord with evidence of the existence such plans annually. Landlord represents and warrants that as of the Commencement Date the Equipment has been inspected, maintained and is in proper working order. (d) Tenant will repair promptly at its own expense by or under the direction of Landlord any damage (whether structural or nonstructural) to the Leased PremisesPremises caused by any construction or alteration performed by Tenant or by bringing into the Premises any property for Tenant's use, including without limitation or by the heatinginstallation or removal of such property, ventilating, air conditioning, mechanical, electrical and plumbing systems, and the fixtures and appurtenances to the Leased Premises as and when needed to preserve them in good working order and condition, and regardless of whether fault or by whom such damage shall be caused, unless solely by the repairsnegligence of Landlord or its contractors or subcontractors or its or their agents or employees. (e) Tenant shall have no right to direct or instruct any of Landlord's contractors or subcontractors or their agents or employees, restorations, and replacements are ordinary or extraordinary, foreseeable or unforeseeable, capital or noncapital. In addition, except with the prior written agreement of Landlord. (f) Tenant shall be responsible for yard maintenance for maintaining the Building and providing janitorial and waste removal and pest control and extermination services for the Leased Premises. Nothing contained herein shall entitle Tenant to make any repairs, alterations or additions to the Leased Premises or the Building at Landlord's expense, or to terminate the Lease based on the physical condition exterior of the Leased Premises including and parking areas or loading docks. Tenant shall bear the Building. All repairs, restorations, and replacements will be in quality and class equal to the original work or installations. If Tenant fails to make cost of any repairs, restorations, or replacements as provided by this Lease, Landlord may make them at the expense of Tenant and such expense will be collectible as Additional Rent and will be paid by Tenant within fifteen (15) days after delivery of a statement snow removal for such expense. At the termination or expiration of the term of this Lease, Tenant will deliver the Leased Premises in good repair and condition, reasonable wear and tear exceptedareas.

Repairs and Maintenance by Tenant. During the Lease Term Tenant willagrees, at Tenant's sole cost and expense, to keep the Premises and maintain any special equipment, fixtures or facilities (including, but not limited to grease traps located outside the Leased Premises) in a clean, safe and sanitary condition. Tenant agrees to immediately replace broken glass in exterior and interior windows and doors with glass of the same quality, and, on Landlord's request, to remove any encroachments maintained or authorized by Tenant on any public place without Landlord's prior written consent. Tenant shall not overload any floor or facility, throw any foreign substances in plumbing fixtures or use the plumbing fixtures for any purpose other than that for which constructed. Tenant also agrees to keep the Premises (including any exterior entrance, storefronts and the interior of exterior walls), all partitions, doors, fixtures and equipment (including lighting, heating and plumbing fixtures and any separate air conditioning system) in good order order, condition and conditionrepair and in compliance with all applicable laws, rules and make regulations. The cost of maintenance and repair of that part of any wall shared with other tenants of the Project shall be borne equally by all needed repairstenants sharing such wall; provided, restorations, and replacements to the Leased Premises, including without limitation the heating, ventilating, air conditioning, mechanical, electrical and plumbing systems, and the fixtures and appurtenances to the Leased Premises as and when needed to preserve them in good working order and condition, and regardless of whether the repairs, restorations, and replacements are ordinary or extraordinary, foreseeable or unforeseeable, capital or noncapital. In additionhowever, Tenant shall be solely responsible for yard maintenance for repairs to such shared walls necessitated by the Building and providing janitorial and waste removal and pest control and extermination services for the Leased Premises. Nothing contained herein shall entitle negligence or intentional acts or omissions of Tenant to make any repairsits agents, alterations employees or additions to the Leased Premises or the Building at Landlord's expense, or to terminate the Lease based on the physical condition of the Leased Premises or the Building. All repairs, restorations, and replacements will be in quality and class equal to the original work or installationslicensees. If Tenant fails refuses or neglects to make any repairs, restorations, or replacements as provided by this Lease, Landlord may make them at the expense of Tenant and such expense will be collectible as Additional Rent and will be paid by Tenant commence repairs within fifteen ten (1510) days after delivery receipt of written demand from Landlord, or adequately to complete such repairs within a statement reasonable time not to exceed thirty (30) days after such demand, Landlord, in addition to any other rights and remedies contained or available to Landlord at law or in equity, may enter the Premises and make the repairs, at Tenant's expense and without liability to Tenant for any loss or damages which may accrue to Tenant's stock or business by reason of such expense. At the termination or expiration of the term of this Lease, Tenant will deliver the Leased Premises in good entry and repair and condition, reasonable wear and tear exceptedwork.