Common use of Repairs and Maintenance Costs Clause in Contracts

Repairs and Maintenance Costs. A. Tenant shall at Tenant’s sole cost and expense, (i) maintain the Cypress Premises and the Leased Property in good repair and working condition, clean and attractive to tourists and skiers, and in accordance with all safety and maintenance requirements of Government Agencies and shall make such maintenance, repairs and alterations as necessary for such purposes, (ii) cause inspections to be made of all lift equipment on a regular basis in accordance with all requirements of Government Agencies, and (iii) not commit waste or permit impairment or deterioration of the Cypress Premises or the Leased Property (normal wear and tear excepted); (iv) not abandon the Cypress Premises or Leased Property; (v) comply in all material respects with all Applicable Laws applicable to the Cypress Premises and the Leased Property; (vi) provide prompt written notification to Landlord of any material adverse change to the Cypress Premises and Leased Property, such as a major avalanche or landslide, or any other material change to any environmental condition, including, without limitation, a material change in the presence of biocontaminants, such as mold; (vii) promptly undertake appropriate assessment, remedial and preventative actions sufficient to meet any guidelines or regulations adopted by applicable Government Agencies or standards generally employed by well-operated Canadian ski resorts in the region in connection with the safety of the ski operations and operating equipment. In the event of mold contamination in any Improvement on the Cypress Premises, Tenant shall undertake or cause to be undertaken at Tenant’s sole cost and expense (a) removal of the mold, (b) abatement of the underlying cause of mold (including water intrusion), and (c) repair of any leaks and associated water damage at the Cypress Premises; except that: (i) Tenant shall be obligated to undertake with respect to the mold contamination identified prior to the date of this Lease only such remediation as is specified in accordance with the separate written agreement of the Landlord and Tenant; and (ii) Tenant shall be obligated to undertake the full remediation described in this section with respect to mold that is hereafter found in any buildings existing at the Cypress Premises on the date of this Lease only if the presence of the mold is at levels that are in excess of the standard for human health as set out in applicable Environmental Laws or if action is reasonably determined by Landlord’s advisers to be advisable in accordance with Environmental Laws to avoid future adverse health effects therefrom. B. If Landlord notifies Tenant in writing of the need for Tenant to undertake repairs and maintenance in accordance with the provisions of this Section 5.1, specifying the items of repair or maintenance in question, Tenant shall respond within ten (10) Business Days as to Tenant’s planned course of action with respect to the specific items identified by Landlord, or as to such items which Landlord feels are inappropriate, except in the case of an emergency in which event the Tenant shall respond as quickly as the emergency requires. If Tenant disputes the Landlord’s determination that repair or maintenance is needed, or otherwise fails thereafter to promptly undertake such repairs and maintenance identified by Landlord, Landlord may at Landlord’s option request arbitration for resolution of the dispute. Landlord shall not have the right to terminate the Lease as a result of such repair or maintenance failure, but shall have the right to specific performance of the Tenant’s obligations if the arbitrator so awards it. If the arbitrator awards specific performance to Landlord, such award shall be binding upon the Tenant and enforceable in the courts of the Province. The prevailing party in any such arbitration and in obtaining of a court order shall be entitled to all costs and expenses incurred in connection with the enforcement of Tenant’s obligations under this Section 5.1. If the arbitrator or courts does not specify the time within which such repair or maintenance must be carried out, then the Tenant shall present a plan for rectification to the Landlord and shall promptly carry out such plan, acting reasonably.

Repairs and Maintenance Costs. A. Tenant Lessee shall at TenantLessee’s sole cost and expense, (i) maintain the Cypress Premises and the Leased Personal Property in good repair and working condition, clean and attractive to tourists and skiers, and in accordance with all Government Agency required and industry recommended safety and maintenance codes and requirements of Government Agencies and shall make such maintenance, repairs and alterations as necessary for such purposes, (ii) cause inspections to be made of all lift equipment on a regular basis in accordance with all requirements of Government Agencies, and (iii) not commit waste or permit impairment or deterioration of the Cypress Premises or the Leased Personal Property (normal wear and tear excepted); (iv) not abandon the Cypress Premises or Leased Personal Property; (v) comply in all material respects with all Applicable Laws applicable to the Cypress Premises and the Leased Personal Property; (vi) provide prompt written notification to Landlord Lessor of any material adverse change to the Cypress Premises and Leased Personal Property, such as a major avalanche or landslide, or any other material change to any environmental condition, including, without limitation, a material change in the presence of biocontaminants, such as mold; (vii) promptly undertake appropriate assessment, remedial and preventative actions sufficient to meet any guidelines or regulations adopted by applicable Government Agencies or standards generally employed by well-operated Canadian ski resorts in the region in connection with the safety of the ski operations and operating equipmentequipment as it relates to use of the Personal Property and the Prevention of any material adverse change. In Except for those items of Personal Property disposed of by Lessee in the event of mold contamination ordinary course due to obsolescence, inability to repair, or replacement, Lessee shall in any Improvement on event return the Cypress PremisesPersonal Property to Lessor at the expiration of the Term in as reasonably as good a condition as when received, Tenant ordinary wear and tear excepted, and shall undertake make or cause to be undertaken at Tenant’s sole cost made such maintenance, repairs and expense (a) removal of the mold, (b) abatement of the underlying cause of mold (including water intrusion), and (c) repair of any leaks and associated water damage at the Cypress Premises; except that: (i) Tenant shall be obligated to undertake with respect to the mold contamination identified prior to the date of this Lease only alterations as necessary for such remediation as is specified in accordance with the separate written agreement of the Landlord and Tenant; and (ii) Tenant shall be obligated to undertake the full remediation described in this section with respect to mold that is hereafter found in any buildings existing at the Cypress Premises on the date of this Lease only if the presence of the mold is at levels that are in excess of the standard for human health as set out in applicable Environmental Laws or if action is reasonably determined by Landlord’s advisers to be advisable in accordance with Environmental Laws to avoid future adverse health effects therefrompurposes. B. If Landlord Lessor notifies Tenant Lessee in writing of the need for Tenant Lessee to undertake repairs and maintenance to any of the Personal Property in accordance with the provisions of this Section 5.16.2, specifying the items of repair or maintenance in question, Tenant Lessee shall respond within ten (10) Business Days as to TenantLessee’s planned course of action with respect to the specific items identified by LandlordLessor, or as to such items which Landlord Lessor feels are inappropriate, except in the case of an emergency in which event the Tenant Lessee shall respond as quickly as the emergency requires. If Tenant Lessee disputes the LandlordLessor’s determination that repair or maintenance is needed, or otherwise fails thereafter to promptly undertake such repairs and maintenance or other action identified by LandlordLessor, Landlord Lessor may at LandlordLessor’s option request arbitration for resolution of the dispute. Landlord Lessor shall not have the right to terminate the Lease as a result of such repair or maintenance failure, or other failure, but shall have the right to specific performance of the TenantLessee’s obligations if the arbitrator so awards it. If the arbitrator awards specific performance to LandlordLessor, such award shall be binding upon the Tenant Lessee and enforceable in the courts of the Province. The prevailing party in any such arbitration and in obtaining of a court order shall be entitled to all costs and expenses incurred in connection with the enforcement of Tenant’s obligations under this Section 5.1. If the arbitrator or courts does not specify the time within which such repair or maintenance must be carried out, then the Tenant shall present a plan for rectification to the Landlord and shall promptly carry out such plan, acting reasonably.the

Repairs and Maintenance Costs. A. Tenant shall at Tenant’s sole cost and expense, (i) maintain the Cypress Premises and the Leased Property in good repair and working condition, clean and attractive to tourists and skierstourists, and in accordance with all safety and maintenance requirements of Government Agencies and shall make such maintenance, repairs and alterations as necessary for such purposes, (ii) cause inspections to be made of all lift equipment on a regular basis in accordance with all requirements of Government Agencies, and (iii) not commit waste or permit impairment or deterioration of the Cypress Premises or the Leased Property (normal wear and tear excepted); (iv) not abandon the Cypress Premises or Leased Property; (v) comply in all material respects with all Applicable Laws applicable to the Cypress Premises and the Leased Property; (vi) provide prompt written notification to Landlord of any material adverse change to the Cypress Premises and Leased Property, such as a major avalanche or landslide, or any other material change to any environmental condition, including, without limitation, a material change in the presence of biocontaminants, such as mold; (vii) promptly undertake appropriate assessment, remedial and preventative actions sufficient to meet any guidelines or regulations adopted by applicable Government Agencies or standards generally employed by well-well operated Canadian ski resorts in the region chairlift operations in connection with the safety of the ski lift operations and operating equipment. In the event of mold contamination in any Improvement on of the Cypress PremisesImprovements, Tenant shall undertake or cause to be undertaken at Tenant’s sole cost and expense (a) removal of the mold, (b) abatement of the underlying cause of mold (including water intrusion), and (c) repair of any leaks and associated water damage at the Cypress Premises; except that: (i) Tenant shall be obligated to undertake with respect to the mold contamination identified prior to the date of this Lease only such remediation as is specified in accordance with the separate written agreement of the Landlord and Tenant; and (ii) Tenant shall be obligated to undertake the full remediation described in this section with respect to mold that is hereafter found in any buildings existing at the Cypress Premises on the date of this Lease only if the presence of the mold is at levels that are in excess of the standard for human health as set out in applicable Environmental Laws or if action is reasonably determined by Landlord’s advisers to be advisable in accordance with Environmental Laws to avoid future adverse health effects therefrom. B. If Landlord notifies Tenant in writing of the need for Tenant to undertake repairs and maintenance in accordance with the provisions of this Section 5.1, specifying the items of repair or maintenance in question, Tenant shall respond within ten (10) Business Days as to Tenant’s planned course of action with respect to the specific items identified by Landlord, or as to such items which Landlord feels are inappropriate, except in the case of an emergency in which event the Tenant shall respond as quickly as the emergency requires. If Tenant disputes the Landlord’s determination that repair or maintenance is needed, or otherwise fails thereafter to promptly undertake such repairs and maintenance identified by Landlord, Landlord may at Landlord’s option request arbitration for resolution of the dispute. Landlord shall not have the right to terminate the Lease as a result of such repair or maintenance failure, but shall have the right to specific performance of the Tenant’s obligations if the arbitrator so awards it. If the arbitrator awards specific performance to Landlord, such award shall be binding upon the Tenant and enforceable in the courts of the ProvinceTennessee. The prevailing party in any such arbitration and in obtaining of a court order shall be entitled to all costs and expenses incurred in connection with the enforcement of Tenant’s obligations under this Section 5.1. If the arbitrator or courts does not specify the time within which such repair or maintenance must be carried out, then the Tenant shall present a plan for rectification to the Landlord and shall promptly carry out such plan, acting reasonably.

Repairs and Maintenance Costs. A. Tenant Lessee shall at TenantLessee’s sole cost and expense, (i) maintain the Cypress Premises and the Leased Personal Property in good repair and working condition, clean and attractive to tourists and skiers, and in accordance with all Government Agency required and industry recommended safety and maintenance codes and requirements of Government Agencies and shall make such maintenance, repairs and alterations as necessary for such purposes, (ii) cause inspections to be made of all lift equipment on a regular basis in accordance with all requirements of Government Agencies, and (iii) not commit waste or permit impairment or deterioration of the Cypress Premises or the Leased Personal Property (normal wear and tear excepted); (iv) not abandon the Cypress Premises or Leased Personal Property; (v) comply in all material respects with all Applicable Laws applicable to the Cypress Premises and the Leased Personal Property; (vi) provide prompt written notification to Landlord Lessor of any material adverse change to the Cypress Premises and Leased Personal Property, such as a major avalanche or landslide, or any other material change to any environmental condition, including, without limitation, a material change in the presence of biocontaminants, such as mold; (vii) promptly undertake appropriate assessment, remedial and preventative actions sufficient to meet any guidelines or regulations adopted by applicable Government Agencies or standards generally employed by well-operated Canadian ski resorts in the region in connection with the safety of the ski operations and operating equipmentequipment as it relates to use of the Personal Property and the Prevention of any material adverse change. In Except for those items of Personal Property disposed of by Lessee in the event of mold contamination ordinary course due to obsolescence, inability to repair, or replacement, Lessee shall in any Improvement on event return the Cypress PremisesPersonal Property to Lessor at the expiration of the Term in as reasonably as good a condition as when received, Tenant ordinary wear and tear excepted, and shall undertake make or cause to be undertaken at Tenant’s sole cost made such maintenance, repairs and expense (a) removal of the mold, (b) abatement of the underlying cause of mold (including water intrusion), and (c) repair of any leaks and associated water damage at the Cypress Premises; except that: (i) Tenant shall be obligated to undertake with respect to the mold contamination identified prior to the date of this Lease only alterations as necessary for such remediation as is specified in accordance with the separate written agreement of the Landlord and Tenant; and (ii) Tenant shall be obligated to undertake the full remediation described in this section with respect to mold that is hereafter found in any buildings existing at the Cypress Premises on the date of this Lease only if the presence of the mold is at levels that are in excess of the standard for human health as set out in applicable Environmental Laws or if action is reasonably determined by Landlord’s advisers to be advisable in accordance with Environmental Laws to avoid future adverse health effects therefrompurposes. B. If Landlord Lessor notifies Tenant Lessee in writing of the need for Tenant Lessee to undertake repairs and maintenance to any of the Personal Property in accordance with the provisions of this Section 5.16.2, specifying the items of repair or maintenance in question, Tenant Lessee shall respond within ten (10) Business Days as to TenantLessee’s planned course of action with respect to the specific items identified by LandlordLessor, or as to such items which Landlord Lessor feels are inappropriate, except in the case of an emergency in which event the Tenant Lessee shall respond as quickly as the emergency requires. If Tenant Lessee disputes the LandlordLessor’s determination that repair or maintenance is needed, or otherwise fails thereafter to promptly undertake such repairs and maintenance or other action identified by LandlordLessor, Landlord Lessor may at LandlordLessor’s option request arbitration for resolution of the dispute. Landlord Lessor shall not have the right to terminate the Lease as a result of such repair or maintenance failure, or other failure, but shall have the right to specific performance of the TenantLessee’s obligations if the arbitrator so awards it. If the arbitrator awards specific performance to LandlordLessor, such award shall be binding upon the Tenant Lessee and enforceable in the courts of the Province. The prevailing party in any such arbitration and in obtaining of a court order shall be entitled to all costs and expenses incurred in connection with the enforcement of TenantLessee’s obligations under this Section 5.16.2. If the arbitrator or courts does not specify the time within which such repair or maintenance must be carried out, then the Tenant Lessee shall present a plan for rectification to the Landlord Lessor and shall promptly carry out such plan, acting reasonably.

Repairs and Maintenance Costs. A. Tenant shall, and shall at Tenant’s sole cost cause Manager and expenseeach Space Tenant to, (i) maintain the Cypress Premises and the Leased Property (including, but not limited to, the interior and exterior, structural, plumbing, HVAC and otherwise) in good repair and working condition, clean and attractive to tourists and skiers, and in accordance with all safety and maintenance requirements of Government Agencies condition and shall make or cause to be made such maintenance, repairs and minor alterations as it determines are necessary for such purposes, (ii) cause inspections to be made of all lift equipment on a regular basis in accordance with all requirements of Government Agencies, and (iii) not commit waste or permit impairment or deterioration of the Cypress Premises or the Leased Property (normal wear and tear excepted); (iviii) not abandon the Cypress Premises or Leased Property; (viv) comply in all material respects with all Applicable Laws laws, ordinances, regulations and requirements of any governmental body, and the terms of the Condominium Documents, applicable to the Cypress Premises and the Leased Property; (viv) provide prompt written notification to Landlord of any material adverse change to the Cypress Premises and Leased Property, such as a major avalanche or landslide, or any other material change changes to any environmental condition, including, without limitation, a material change in the presence of biocontaminantsbio-contaminants, such as mold; (viivi) promptly undertake appropriate assessment, remedial and preventative actions sufficient to meet any guidelines established by Landlord or guidelines or regulations adopted by applicable Government Agencies authoritative bodies or standards generally employed by well-operated Canadian ski resorts in the region regulatory agencies in connection with the safety a determination of the ski operations and operating equipment. In the event of mold contamination any material adverse change, and, in any Improvement on the Cypress Premisesevent with respect to mold contamination, Tenant shall undertake undertake, or cause to be undertaken at Tenant’s sole cost and expense undertaken, (a) removal of the mold, (b) abatement of the underlying cause of mold (including water intrusion), and (c) repair of any leaks and associated water damage at the Cypress PremisesLeased Property; except that: and (iviii) return the Leased Property and all buildings and improvements thereon at the expiration of the Term in as reasonably a good condition as when received, ordinary wear and tear excepted and shall make or cause to be made such routine maintenance, repairs and minor alterations as it determines are necessary for such purposes. To the extent that any of the repair and maintenance obligations set forth herein are actually the responsibility of the Condominium Association, then Landlord or Tenant (as the case may be) shall be obligated to undertake with respect to the mold contamination identified prior to the date of this Lease only excused from such remediation as is specified in accordance with the separate written agreement of the Landlord and Tenant; and (ii) Tenant shall be obligated to undertake the full remediation described in this section with respect to mold that is hereafter found in any buildings existing at the Cypress Premises on the date of this Lease only if the presence of the mold is at levels that are in excess of the standard for human health as set out in applicable Environmental Laws or if action is reasonably determined by Landlord’s advisers to be advisable in accordance with Environmental Laws to avoid future adverse health effects therefromobligation. B. If Landlord notifies Tenant in writing of the need for Tenant to undertake repairs and maintenance in accordance with the provisions of this Section 5.1, specifying the items of repair or maintenance in question, Tenant shall respond within ten (10) Business Days as to Tenant’s planned course of action with respect to the specific items identified by Landlord, or as to such items which Landlord feels are inappropriate, except in the case of an emergency in which event the Tenant shall respond as quickly as the emergency requires. If Tenant disputes the Landlord’s determination that repair or maintenance is needed, or otherwise fails thereafter to promptly undertake such repairs and maintenance identified by Landlord, Landlord may at Landlord’s option request arbitration for resolution of the dispute. Landlord shall not have the right to terminate the Lease as a result of such repair or maintenance failure, but shall have the right to specific performance of the Tenant’s obligations if the arbitrator so awards it. If the arbitrator awards specific performance to Landlord, such award shall be binding upon the Tenant and enforceable in the courts of the Province. The prevailing party in any such arbitration and in obtaining of a court order shall be entitled to all costs and expenses incurred in connection with the enforcement of Tenant’s obligations under this Section 5.1. If the arbitrator or courts does not specify the time within which such repair or maintenance must be carried out, then the Tenant shall present a plan for rectification to the Landlord and shall promptly carry out such plan, acting reasonably.