Common use of REPAIRS AND MAINTENANCE OF THE DEMISED PREMISES Clause in Contracts

REPAIRS AND MAINTENANCE OF THE DEMISED PREMISES. Section 7.1. Lessee shall, at its sole cost and expense, take good care of the Demised Premises, including without limitation and to the extent applicable, electrical, water and sewage facilities and drains, drywells, cesspools, pipes, fencing, landscaping, paving, curbing, all alleyways, passageways, vaults, ramps and sidewalks ("Appurtenances") and shall keep same in good order and condition and make all repairs thereto, ordinary and extraordinary, foreseen and unforeseen as and when needed to keep them in good order and condition. Lessor shall have no responsibility and shall not be required to furnish any services, make any repairs or to perform any other maintenance work in or about the Demised Premises, and Lessee hereby assumes the full and sole responsibility, at its sole cost and expense for same, and for the condition of the Demised Premises, including, but not limited to keeping the Demised Premises and Appurtenances, at its own sole cost and expense, in a clean and orderly condition, free of snow, ice, rubbish and obstructions. Lessee acknowledges that Section 3.1.6 (Installation, Operation and Maintenance) of the BOOT Contract specifically states the manner in which the Improvements will be maintained and agrees to comply with the provisions thereof. Section 7.2. In the event (i) Lessee fails to maintain the Demised Premises in accordance with Section 7.1 above and in accordance with "Prudent Utility Practices" and "Legal Requirements" (as such terms are defined in the BOOT Contract) or (ii) repairs to the Demised Premises or Appurtenances are made necessary by reason of the acts, omissions or negligence of Lessee, its agents, affiliates, employees, subtenants, assignees, licensees or invitees, then in any of such event(s), Lessor may give Lessee thirty (30) days’ notice within which to make such repairs, or if such repairs cannot be made within such thirty (30) day period, to commence such repairs within thirty (30) days and diligently pursue them to completion thereafter. In the event Lessee fails timely to make such repairs as notified, Lessor shall be entitled upon reasonable notice to Lessee, but shall not be obligated, to make such repairs at Lessee's expense without incurring any liability to Lessee by reason thereof. Notwithstanding anything herein to the contrary, if, in Xxxxxx's sole, reasonable discretion, emergency repairs are necessary, Lessor may, if Lessor so elects, to make such repairs at any time without prior notice to Lessee (but Lessor shall give Lessee reasonable subsequent notice), at Xxxxxx's expense. Section 7.3. Lessee shall manage, control, operate and maintain all parts of the Project, its interconnection facilities and other related physical equipment sited on the Demised Premises which are necessary for the production, sale and delivery of the Products to Lessor pursuant to the BOOT Contract in a manner consistent with Prudent Utility Practices, and Legal Requirements and the terms and conditions of the BOOT Contract. Section 7.4. Lessee shall do, or cause others to do, all necessary shoring of foundations, supporting walls and the walls of the Improvements and shall comply with all Legal Requirements with respect thereto and shall do every other act or thing for the safety and preservation of the Demised Premises (including the Improvements and any and all other improvements erected thereon) which may be necessary by reason of any excavation, subsurface construction, remodeling or other building operation upon any adjoining property or street, avenue, alley or passageway so that the Project is capable of operating in accordance with Legal Requirements and Prudent Utility Practices.