Common use of Repairs and Maintenance of the Premises Clause in Contracts

Repairs and Maintenance of the Premises. The Landlord shall maintain the foundation, exterior walls, structural components, and roof of the Improvements in good repair. Tenant shall properly irrigate and care for all trees, shrubbery, and lawn, including weed and pest control, and Tenant shall keep all driveways, sidewalks, and parking areas on the Premises free and clear of ice and snow. Tenant agrees to keep all other improvements (including plate glass and other windows, window frames, and doors) upon the Premises repaired and maintained in good order as described in this Lease including, but not limited to, the electrical, heating and air conditioning systems and other roof-mounted mechanical equipment (except as covered by any preventative maintenance plan maintained by Landlord), lighting fixtures (including ballasts and light bulbs), exit lights, plumbing fixtures, boilers and heating apparatus, pipes and conduits, fire and burglar alarm systems and personal property and fixtures of Tenant including, without limitation, any necessary replacements, interior painting, window replacement (of equal or better quality) and exterior and overhead doors. Tenant shall keep the Premises from falling permanently or temporarily out of repair or deteriorating in any way. Tenant shall also strictly comply with all rules and regulations of fire underwriters or their fire protection engineers. Tenant shall promptly remove any debris left in the parking areas of other exterior areas of the Premises or the Common Areas. Tenant shall promptly report any graffiti upon the Premises to the appropriate City department for removal; in the event that the City does not promptly thereafter remove such graffiti, Tenant shall be responsible for such removal.

Repairs and Maintenance of the Premises. The Section 1: Tenant shall keep and maintain the Premises, all fixtures, equipment, motors, machinery, pipes and conduits located within the Premises in clean, safe, sanitary and good operating condition and in compliance with all legal requirements, shall take good care thereof and make all repairs thereto, shall suffer no waste or injury thereto, and at the expiration or earlier termination of the term, shall surrender the Premises in the same order and condition in which they were on the Commencement Date (ordinary wear and tear consistent with the permitted use hereunder excepted). All injury, breakage and damage to the Premises and to any other part of the Common Area caused by any act or omission of any invitee, agent, employee, subtenant, assignee, contractor, client, customer or guest of Tenant (collectively “Invitee”) or Tenant, shall be repaired or replaced (as applicable) by and at Tenant’s expense, except that Landlord shall have the right at Landlord’s option to make any such repair or replacement and to charge Tenant for all costs and expenses incurred in connection therewith. Tenant shall, at Tenant’s sole expense, maintain a service contract and the foundation, exterior walls, structural components, and roof HVAC system with a reputable contractor that provides for at least quarterly maintenance throughout the term of the Improvements in good repairLease. Tenant to provide Landlord with a copy of the maintenance contract(s) during the duration of the Lease Term. Tenant shall properly irrigate cause all fire extinguishers to be inspected and care for maintained on a regular basis to assure such fire extinguishers are in good working order at all trees, shrubbery, and lawn, including weed and pest control, and times. All repairs made by Tenant shall keep all driveways, sidewalks, be in quality and parking areas on class equal to the Premises free and clear of ice and snoworiginal work. Tenant agrees to keep shall replace all other improvements (including damaged or broken plate glass and other windowsstructural glass with glass of equal quality with that damaged or broken. Section 2: Subject to reimbursement from Tenant as provided in this Section, window frames, and doors) upon Landlord shall keep the Premises repaired and maintained Common Areas in good order as described in this Lease condition and repair including, but not limited to, paving, restriping and lighting of parking areas and roads and landscaping in a manner consistent with the electricalinitial construction of the Common Areas, heating reasonable wear and air conditioning systems tear excepted. Section 3: Tenant shall pay to Landlord each year, as additional rent, Tenant’s Pro Rata Share of Operating Charges (as defined below). Operating Charges shall mean all reasonable costs and expenses incurred by Landlord in the operation of the Building and Common Areas, including, but not limited to: (a) electricity, water, sewer, power, natural gas, steam, fuel oil and other roof-mounted mechanical equipment (except as covered by any preventative maintenance plan maintained by Landlord), lighting fixtures utility charges (including ballasts surcharges and light bulbsconnection fees); (b) Landlord’s insurance premiums for any insurance carried by Landlord pursuant to Article 7; (c) management fees and personnel costs; (d) costs of service, exit lightssecurity and maintenance contracts; (e) maintenance, plumbing fixturesredecoration and repair expenses; (f) depreciation for capital expenditures made by Landlord to reduce operating expenses; (g) charges for common area janitorial, boilers and heating apparatuscleaning, pipes and conduits, fire and burglar alarm systems and personal property and fixtures of Tenant including, without limitation, any necessary replacements, interior paintingsecurity, window replacement cleaning, and snow and trash removal services; (h) costs associated with the management, operation, maintenance and repair of equal or better quality) and exterior and overhead doors. Tenant shall keep the Premises from falling permanently or temporarily out of repair or deteriorating in any way. Tenant shall also strictly comply with all rules and regulations of fire underwriters or their fire protection engineers. Tenant shall promptly remove any debris left in the parking areas serving the Project; and (i) any other reasonable expense incurred by Landlord in owning, managing, maintaining, repairing or operating the Building, Land and other improvements thereon. Section 4: In order to provide for current payments of other exterior areas Operating Charges, Tenant agrees to pay, as additional rent, Tenant’s Pro Rata Share of Operating Charges for each calendar year in accordance with an estimate by Landlord as prepared from time to time, such estimated amount to be paid in twelve (12) monthly installments commencing on the first day of the Premises month following the month in which Landlord notifies Tenant of the amount of Tenant’s Pro Rata Share of Operating Charges. Within approximately one hundred twenty (120) days after each calendar year, Landlord shall provide Tenant with a reconciliation of the actual Operating Charges and the estimated payments made by Tenant for such year. If, as so determined, Tenant’s Pro Rata Share of Operating Charges shall be greater than or be less than the Common Areas. aggregate of all estimated installments thereof paid by Tenant on account to Landlord for such twelve (12) month period, then, within thirty (30) days after the date of such statement, Tenant shall promptly report any graffiti upon pay to Landlord the Premises amount of such underpayment, or Landlord shall refund to Tenant the amount of such overpayment, as the case may be. The obligation of Tenant with respect to the appropriate City department for removal; in payment of such Operating Charges accrued during the event that term of this Lease, or any extension period hereof if this Lease is extended, shall survive the City does not promptly thereafter remove such graffiti, Tenant expiration or earlier termination of this Lease. Section 5: The Landlord shall be responsible for making all structural repairs and replacements to the Premises, including repairs and replacements, as necessary, to the roof, exterior walls and structural supports of the building with reasonable promptness and in a good and workmanlike manner; provided, however, that Tenant shall reimburse Landlord for any costs associated with any such removalrepairs or replacements necessitated by any damage caused by the acts or omissions of Tenant or its employees, agents, contractors or invitees. Section 6: Landlord shall not be liable to Tenant for any damage caused by or from plumbing, gas, water, steam, or other pipes or sewage or the bursting, leaking, or running of any cistern, tank, washstand, water closet or water pipe in, above or upon the Leased Property. Nor shall Landlord be liable to Tenant for damage caused by water being upon or coming through the roof, skylight, trapdoor, or otherwise, nor for any damage arising from any act or negligence of any other tenants or occupants of the building of which the Leased Property is a part or any owners or occupants of adjoining or contiguous property, except to the extent such damage is as a result of Landlord’s negligence and is not covered by insurance carried by Tenant as required by this Lease to be carried by Tenant.