Common use of REPAIRS AND MAINTENANCE; REPLACEMENT Clause in Contracts

REPAIRS AND MAINTENANCE; REPLACEMENT. (a) Tenant shall, at its own sole cost and expense, keep the Premises, including all portions thereof, in good order and condition as a first class commercial property at all times on and after Commencement Date to and including the date of the termination of the Term, by lapse of time or otherwise. Tenant acknowledges the deferred maintenance items and other items requiring repair existing as of the Commencement Date as set forth on Exhibit F, and Tenant agrees, at its sole cost and expense, to repair all of the same to the “good order and condition” standard set forth in the prior sentence on or before July 31, 2006. Except as expressly provided otherwise in paragraph 9(b) below, Tenant shall timely and properly maintain, repair and replace all of the Premises and all its component parts, including parking lot surface and stripes, all landscaping, mechanical systems, electrical and lighting systems, plumbing and sewage systems, fixtures and appurtenances, interior walls, columns and floors, and ceilings, so as to preserve and protect the useful life, utility and value of such components, and in all events so as to preserve the effectiveness of any warranty relating thereto, such repairs and replacements to be at least in quality and class to the original work. Except as expressly provided otherwise in paragraph 9(b) below, if any building system or component shall become obsolete, non-functional, or uneconomic to repair, Tenant shall remove such item from the Premises and, promptly replace it with an item of comparable initial value and function. Promptly upon installation of any equipment, which is not Tenant’s Trade Fixtures, Tenant shall deliver to Landlord the original warranty (which shall specify Landlord as the owner of the equipment and Tenant’s having a non-exclusive license and authority of Landlord solely to enforce such warranty during the Term of the Lease) relating to such equipment. Within thirty (30) days following Landlord’s written request therefor, Tenant shall deliver to Landlord a written statement showing all removals and replacements of such systems or components since the last such report, including manufacturers, model numbers, and serial numbers. Landlord may, upon two (2) Business Days’ prior notice (except that no notice shall be required if an Event of Default exists), cause independent private inspectors to make inspections of any building and building systems on the Premises or segments thereof to determine Tenant’s compliance under this paragraph 9. If such inspection by Landlord reveals that the Premises, or any portion thereof, including any equipment thereon, is not in the condition required by this Lease in any material respect, then Tenant shall pay for such additional inspections performed by Landlord through the inspection approving the condition of such Premises as being in conformity with the Lease. In addition, Tenant shall pay the cost of any such inspection at the Premises by or on behalf of Landlord while an Event of Default exists. Tenant shall not take, or cause or permit to be taken, any action that would limit or void the effectiveness of any warranty or guaranty relating to the roof, foundation, exterior walls or building systems of the Building. If the premium or rates payable with respect to any policy or policies of insurance purchased by Landlord with respect to the Building or the Lot increases as a result of payment by the insurer of any claim arising from any act or neglect of Tenant, its assignee, subtenant, contractors or invitees, Tenant shall pay such increase, from time to time, within fifteen (15) days after demand therefor by Landlord, as Additional Rent.

REPAIRS AND MAINTENANCE; REPLACEMENT. (a) a. Prior to Substantial Completion of each component of the Improvements, the costs of all repairs, maintenance and replacements for such incomplete component shall be included in the Project Budget and paid as a Cost of the Project. After Substantial Completion of each component of the Improvements, Tenant shall, at its own sole cost and expense, keep the Premises, including all portions thereof, such component(s) in good order and condition as a first class commercial property office, research and development, light manufacturing and assembly, warehouse and repair/refurbishing facility, at all times on and after Commencement Date Substantial Completion of each component of the Premises to and including the date of the termination of the Term, by lapse of time or otherwise. Tenant acknowledges the deferred maintenance items shall promptly and other items requiring adequately repair existing as of the Commencement Date as set forth on Exhibit F, and Tenant agrees, at its sole cost and expense, to repair all of the same to the “good order and condition” standard set forth in the prior sentence on or before July 31, 2006. Except as expressly provided otherwise in paragraph 9(b) below, Tenant shall timely and properly maintain, repair and replace all of the Premises and all its component parts, and replace or repair all landscaping and all damaged or broken fixtures and appurtenances, including by not limited to, parking lot surface and stripes, all landscaping, mechanical systems, electrical and lighting systems, plumbing and sewage systems, fixtures interior and appurtenancesexterior walls, interior wallsroof, foundations, floor slabs, columns and floors, and ceilings, structural steel so as to preserve and protect the useful life, utility and value of such components, and in all events so as to preserve the effectiveness of any warranty relating thereto, such repairs and replacements to be at least equal in quality and class to the original work. Except as expressly provided otherwise in paragraph 9(b) below, if If any building system or component which is then being used shall become obsolete, non-functional, obsolete or uneconomic to repair, Tenant shall remove such item from the Premises and, promptly replace it with an item of comparable initial value and function. Tenant shall be entitled to the obsolete or uneconomic unit and may sell it for Tenant's own account. Promptly upon installation of any equipment, which is not Tenant’s Trade Fixturesequipment constituting a part of a building system, Tenant shall deliver to Landlord the original warranty (which shall specify Landlord as the owner of the equipment and Tenant’s having a non-exclusive license and authority of Landlord solely to enforce such warranty during the Term of the Leaseequipment) relating to such equipment. Within thirty (30) days following Landlord’s written request therefor, Tenant shall deliver to Landlord a written statement showing all removals and replacements of such systems or components since during the last such reportpreceding calendar year, including manufacturers, model numbers, and serial numbers. Landlord mayLandlord, may upon two forty-eight (248) Business Days’ hours prior notice (except that no notice shall be required if an Event of Default exists), cause independent private inspectors to make inspections of any building and building systems on the Premises or segments thereof to determine Tenant’s 's compliance under this paragraph 98. If such inspection by Landlord reveals that the Premises, or any portion thereof, including any equipment thereon, is not in the condition required by this Lease in any material respect, then Tenant shall pay for such additional inspections performed by Landlord through the inspection approving the condition of such Premises as being in conformity with the Lease. In addition, Tenant shall pay be entitled to treat the cost of any fixtures, equipment and signs provided by Tenant and not required by the terms of this Lease as leasehold improvements; however, all such inspection at items shall be subject to the terms of this Lease. Landlord shall use commercially reasonable efforts to cause the General Contractor to comply with the terms of the Construction Contract. Landlord and Tenant agree to cooperate in good faith regarding issues relating to the design and construction of the Improvements. If Landlord fails, for a period of ten (10) days after notice, to take appropriate action under any contract relating to the Premises (other than this Lease, the Mortgage and other documents securing the loan represented by or on behalf the Mortgage) Tenant shall have the right, in Landlord's name, to take commercially reasonable action under any such contract, provided such action of Landlord while an Event of Default exists. Tenant shall not take, or cause or permit to be taken, any action that would limit or void the effectiveness of any warranty or guaranty relating to the roof, foundation, exterior walls or building systems of the Building. If the premium or rates payable with respect expose Landlord to any policy liability or policies result in the loss of insurance purchased by Landlord's rights under any such contract for which Tenant has not indemnified Landlord and posted such security as Landlord may reasonably request). Landlord may, but is not required to, after ten (10) days notice to Tenant (except in the case of emergency, in which case Tenant shall be given notice contemporaneously with respect entry), enter the Premises and make such repairs, alterations, replacements or maintenance as Landlord reasonably deems necessary to protect persons or property or to maintain the Building or Improvements in accordance with the Lot increases as terms of this Lease, in a result of payment by the insurer of any claim arising from any act or neglect of Tenantdiligent fashion, its assignee, subtenant, contractors or invitees, and Tenant shall pay such increase, from time to time, within fifteen (15) days after demand therefor by Landlord, Landlord as Additional RentRent forthwith upon being billed for same by Landlord the cost thereof plus an administrative fee of five percent (5%) of such cost. Such amounts shall bear interest at the Overdue Rate from the date of billing until paid. The foregoing right of entry is in addition to other rights of entry by Landlord under the terms of this Lease.

REPAIRS AND MAINTENANCE; REPLACEMENT. (a) Tenant shall, at its own sole cost and expense, keep the Premises, including all portions thereof, in good order and condition as a first class commercial property at all times on and after Commencement Date to and including the date of the termination of the Term, by lapse of time or otherwise. Tenant acknowledges the deferred maintenance items and other items requiring repair existing as of the Commencement Date as set forth on Exhibit F, and Tenant agrees, at its sole cost and expense, to repair all of the same to the “good order and condition” standard set forth in the prior sentence on or before July 31, 2006. Except as expressly provided otherwise in paragraph 9(b) below, Tenant shall timely and properly maintain, repair and replace all of the Premises and all its component parts, including parking lot surface and stripes, all landscaping, mechanical systems, electrical and lighting systems, plumbing and sewage systems, fixtures and appurtenances, interior walls, columns and floors, and ceilings, so as to preserve and protect the useful life, utility and value of such components, and in all events so as to preserve the effectiveness of any warranty relating thereto, such repairs and replacements to be at least in quality and class to the original work. Except as expressly provided otherwise in paragraph 9(b) below, if If any building system or component shall become obsolete, non-functional, or uneconomic to repair, Tenant shall remove such item from the Premises and, promptly replace it with an item of comparable initial value and function. Promptly upon installation of any equipment, which is not Tenant’s Trade Fixtures, Tenant shall deliver to Landlord the original warranty (which shall specify Landlord as the owner of the equipment and Tenant’s having a non-exclusive license and authority of Landlord solely to enforce such warranty during the Term of the Lease) relating to such equipment. Within thirty (30) days following Landlord’s written request therefor, Tenant shall deliver to Landlord a written statement showing all removals and replacements of such systems or components since the last such report, including manufacturers, model numbers, and serial numbers. Landlord may, upon two (2) Business Daysbusiness days’ prior notice (except that no notice shall be required if an Event of Default exists), cause independent private inspectors to make inspections of any building and building systems on the Premises or segments thereof to determine Tenant’s compliance under this paragraph 9. If such inspection by Landlord reveals that the Premises, or any portion thereof, including any equipment thereon, is not in the condition required by this Lease in any material respect, then Tenant shall pay for such additional inspections performed by Landlord through the inspection approving the condition of such Premises as being in conformity with the Lease. In addition, Tenant shall pay the cost of any such inspection at the Premises by or on behalf of Landlord while an Event of Default exists. Tenant shall not take, or cause or permit to be taken, any action that would limit or void the effectiveness of any warranty or guaranty relating to the roof, foundation, foundation or exterior walls or building systems of the Building. If the premium or rates payable with respect to any policy or policies of insurance purchased by Landlord with respect to the Building or the Lot increases as a result of payment by the insurer of any claim arising from any act or neglect of Tenant, its assignee, subtenant, contractors or invitees, Tenant shall pay such increase, from time to time, within fifteen (15) days after demand therefor by Landlord, as Additional Rent.

REPAIRS AND MAINTENANCE; REPLACEMENT. (a) Tenant shall, at its own sole cost and expense, keep the Premises, including all portions thereofeach Site therein, in good order and condition as a first class commercial property an office building with respect to the Corporate Headquarters and an office and distribution facility with respect to the Distribution Facility at all times on and after Commencement Date to and including the date of the termination of the Term, by lapse of time or otherwise. Tenant acknowledges the deferred maintenance items and other items requiring repair existing as of the Commencement Date as set forth on Exhibit F, and Tenant agrees, at its sole cost and expense, to repair all of the same to the “good order and condition” standard set forth in the prior sentence on or before July 31, 2006. Except as expressly provided otherwise in paragraph 9(b) below, Tenant shall timely and properly maintain, repair and replace all of the Premises and all its component parts, including including, but not limited to, parking lot surface and stripes, all landscaping, mechanical systems, electrical and lighting systems, plumbing and sewage systems, fixtures and appurtenances, interior and exterior walls, roof, foundations, floor slabs, columns and floors, and ceilings, structural steel so as to preserve and protect the useful life, utility and value of such components, and in all events so as to preserve the effectiveness of any warranty relating thereto, such repairs and replacements to be at least in quality and class to the original work. Except as expressly provided otherwise in paragraph 9(b) below, if If any building system or component shall become obsolete, non-functional, or uneconomic to repair, Tenant shall remove such item from the Premises and, promptly replace it with an item of comparable initial value and function. Promptly upon installation of any equipment, equipment which is not Tenant’s leased from third parties or Tenant Trade Fixtures, Tenant shall deliver to Landlord the original warranty (which shall specify Landlord as the owner of the equipment and Tenant’s having a non-exclusive license and authority of Landlord solely to enforce such warranty during the Term of the Leaseequipment) relating to such equipment. Within thirty (30) days following Landlord’s written request therefor, Tenant shall deliver to Landlord a written statement showing all removals and replacements of such systems or components since during the last such reportpreceding calendar year, including manufacturers, model numbers, and serial numbers. Landlord may, upon two three (23) Business Days’ business days prior notice (except that no notice shall be required if an Event of Default exists), cause independent private inspectors to make inspections of any building and building systems on the Premises or segments thereof to determine Tenant’s 's compliance under this paragraph 9. If such inspection by Landlord reveals that the Premisesmay, or any portion thereof, including any equipment thereon, but is not required to, after five (5) days notice to Tenant (except in the condition required by this Lease case of emergency, in which case Tenant shall be given notice contemporaneously with entry), enter the Premises and make such repairs, alterations, improvements, additions, replacements or maintenance as Landlord deems necessary to cure any material respectdefault of Tenant hereunder, then in a diligent fashion, and Tenant shall pay Landlord as Additional Rent forthwith (and in any event within ten (10) days) upon being billed for such additional inspections performed same by Landlord through the inspection approving the condition cost thereof plus an administrative fee of 3% of such Premises as being in conformity with the Leasecost. In addition, Tenant Such amounts shall pay the cost of any such inspection bear interest at the Premises by or on behalf Overdue Rate from the date of Landlord while an Event of Default exists. Tenant shall not take, or cause or permit to be taken, any action that would limit or void the effectiveness of any warranty or guaranty relating to the roof, foundation, exterior walls or building systems of the Building. If the premium or rates payable with respect to any policy or policies of insurance purchased by Landlord with respect to the Building or the Lot increases as a result of payment by the insurer of any claim arising from any act or neglect of Tenant, its assignee, subtenant, contractors or invitees, Tenant shall pay such increase, from time to time, within fifteen (15) days after demand therefor by Landlord, as Additional Rentbilling until paid.

REPAIRS AND MAINTENANCE; REPLACEMENT. (a) Tenant shall, at its own sole cost and expense, keep the Premises, including all portions thereofeach Site therein, in good substantially the same order and condition as a first class commercial property existed on the Commencement Date (provided that the order and condition existing on the Commencement Date shall be deemed to include all repairs to the Site commonly known as Oakzanita Springs in San Diego County, California (the “Oakzanita Site,” which Tenant shall use its best efforts to complete promptly), have been completed) (the “Premises Condition Standard”), at all times on and after the Commencement Date to and including the date of the termination of the Term, by lapse of time or otherwise. Tenant acknowledges the deferred maintenance items and other items requiring repair existing as of the Commencement Date as set forth on Exhibit F, and Tenant agrees, at its sole cost and expense, to repair all of the same to the “good order and condition” standard set forth in the prior sentence on or before July 31, 2006. Except as expressly provided otherwise in paragraph 9(b) below, Tenant shall timely and properly maintain, repair and replace all of the Premises and all of its component partsparts (the “Tenant’s Maintenance, Repair and Replacement Items”), including parking lot surface surfaces and stripes, driveways, roads, private streets, picnic tables, campground sites and/or pads, pedestals, campground and recreational vehicle infrastructure, all landscaping, mechanical systems, electrical and lighting systems, plumbing and sewage systems, wastewater systems, water plants and related facilities, septic system facilities, fixtures and appurtenances, interior and exterior walls, roofs, foundations, floor slabs, columns and floors, and ceilings, structural elements so as to maintain each Site in accordance with the Premises Condition Standard and to preserve and protect the useful life, utility and value of such components, and in all events so as to preserve the effectiveness of any warranty relating thereto, such repairs and replacements to be at least in quality and class to the original work. Except as expressly provided otherwise in paragraph 9(b) below, if any building system or component shall become obsolete, non-functional, or uneconomic to repair, Tenant shall remove such item from the Premises and, promptly replace it with an item of comparable initial value and function. Promptly upon installation of any equipment, which is not Tenant’s Trade Fixtures, Tenant shall deliver to Landlord the original warranty (which shall specify Landlord as the owner of the equipment and Tenant’s having a non-exclusive license and authority of Landlord solely to enforce such warranty during the Term of the Lease) relating to such equipment. Within thirty (30) days following Landlord’s written request therefor, Tenant shall deliver to Landlord a written statement showing all removals and replacements of such systems or components since with a cost exceeding $100,000.00 during the last such report, including manufacturers, model numbers, and serial numberspreceding calendar year. Landlord may, upon two (2) Business Days’ prior notice (except that no notice shall be required if an Event of Default exists), may cause independent private inspectors to make inspections of any building and building systems on the Premises or segments thereof to determine Tenant’s compliance under this paragraph 9. If Tenant shall pay all reasonable costs of each inspection at each Site by or on behalf of Landlord in each calendar year; and, if such inspection by Landlord reveals that the Premises, or any material portion thereof, including any equipment thereon, is not substantially in the condition required by this Lease in any material respectLease, then Tenant shall pay for such additional inspections performed by Landlord through the inspection approving the condition of such Premises as being substantially in conformity with the this Lease. In addition, Tenant shall pay the cost of any such inspection at the Premises by or on behalf of Landlord while an Event of Default exists. Tenant shall not take, or cause or permit to be taken, any action that would limit or void the effectiveness of any warranty or guaranty relating to the roof, foundation, exterior walls or building systems of the Building. If the premium or rates payable with respect to any policy or policies of insurance purchased by Landlord with respect to the Building or the Lot increases as a result of payment by the insurer of any claim arising from any act or neglect of Tenant, its assignee, subtenant, contractors or invitees, Tenant shall pay such increase, from time to time, within fifteen (15) days after demand therefor by Landlord, as Additional Rent.

REPAIRS AND MAINTENANCE; REPLACEMENT. (a) Tenant shall, at its own sole cost and expense, keep the Premises, including all portions thereofeach Site therein, in good substantially the same order and condition as a first class commercial property existed on the Commencement Date, (provided that the order and condition existing on the Commencement Date shall be deemed to include that all Immediate Repairs required to be performed pursuant to this Lease and all repairs to the Site commonly known as Oakzanita Springs in San Diego County, California (the "OAKZANITA SITE"), have been completed) (the "PREMISES CONDITION STANDARD"), at all times on and after the Commencement Date to and including the date of the termination of the Term, by lapse of time or otherwise. Tenant acknowledges the deferred maintenance items and other items requiring repair existing as of the Commencement Date as set forth on Exhibit F, and Tenant agrees, at its sole cost and expense, to repair all of the same to the “good order and condition” standard set forth in the prior sentence on or before July 31, 2006. Except as expressly provided otherwise in paragraph 9(b) below, Tenant shall timely and properly maintain, repair and replace all of the Premises and all of its component partsparts (the "TENANT'S MAINTENANCE, REPAIR AND REPLACEMENT ITEMS"), including parking lot surface surfaces and stripes, driveways, roads, private streets, picnic tables, campground sites and/or pads, pedestals, campground and recreational vehicle infrastructure, all landscaping, mechanical systems, electrical and lighting systems, plumbing and sewage systems, wastewater systems, water plants and related facilities, septic system facilities, fixtures and appurtenances, interior and exterior walls, roofs, foundations, floor slabs, columns and floors, and ceilings, structural elements so as to maintain each Site in accordance with the Premises Condition Standard and to preserve and protect the useful life, utility and value of such components, and in all events so as to preserve the effectiveness of any warranty relating thereto, such repairs and replacements to be at least in quality and class to the original work. Except as expressly provided otherwise in paragraph 9(b) below, if any building system or component shall become obsolete, non-functional, or uneconomic to repair, Tenant shall remove such item from the Premises and, promptly replace it with an item of comparable initial value and function. Promptly upon installation of any equipment, which is not Tenant’s Trade Fixtures, Tenant shall deliver to Landlord the original warranty (which shall specify Landlord as the owner of the equipment and Tenant’s having a non-exclusive license and authority of Landlord solely to enforce such warranty during the Term of the Lease) relating to such equipment. Within thirty (30) days following Landlord’s written request therefor, Tenant shall deliver to Landlord a written statement showing all removals and replacements of such systems or components since with a cost exceeding $100,000.00 during the last such report, including manufacturers, model numbers, and serial numberspreceding calendar year. Landlord may, upon two (2) Business Days’ ' prior notice (except that no notice shall be required if an Event of Default exists)notice, cause independent private inspectors to make inspections of any building and building systems on the Premises or segments thereof to determine Tenant’s 's compliance under this paragraph 9. If Tenant shall pay the cost of one (1) such inspection at each Site by or on behalf of Landlord in each calendar year; provided, however, if such inspection by Landlord reveals that the Premises, or any material portion thereof, including any equipment thereon, is not substantially in the condition required by this Lease in any material respectLease, then Tenant shall pay for such reasonable additional inspections performed by Landlord through the inspection approving the condition of such Premises as being substantially in conformity with the this Lease. In addition, Tenant shall pay the cost of any such inspection at the Premises by or on behalf of Landlord while an Event of Default exists. Tenant shall not take, or cause or permit to be taken, any action that would limit or void the effectiveness of any warranty or guaranty relating to the roof, foundation, exterior walls or building systems of the Building. If the premium or rates payable with respect to any policy or policies of insurance purchased by Landlord with respect to the Building or the Lot increases as a result of payment by the insurer of any claim arising from any act or neglect of Tenant, its assignee, subtenant, contractors or invitees, Tenant shall pay such increase, from time to time, within fifteen (15) days after demand therefor by Landlord, as Additional Rent.

REPAIRS AND MAINTENANCE; REPLACEMENT. (a) Tenant shall, at its own sole cost and expense, keep the Premises, including all portions thereof, in good order and condition as a first class commercial property at At all times on and after the Commencement Date Date, to and including the date of the termination of the Term, by lapse of time or otherwise. , Tenant acknowledges the deferred maintenance items and other items requiring repair existing as of the Commencement Date as set forth on Exhibit F, and Tenant agreesshall, at its own sole cost and expense, to repair all of keep the same to Premises, including each Site therein, in good operating condition consistent with the “good order and condition” standard set forth Permitted Uses, except as repaired or rebuilt or altered as required or permitted by this Lease (or, in the prior sentence on or before July 31case of termination pursuant to paragraph 14, 2006as condemned). Except as expressly provided otherwise in paragraph 9(b) below, Tenant shall timely and properly maintain, repair and replace replace, to the extent necessary for the operation of its business thereon, all of the Improvements (specifically excluding Bowling Equipment which is separately covered below) at the Premises and all its component parts, including parking lot surface surfaces and stripes, driveways, all landscaping, mechanical systems, electrical and lighting systems, plumbing and sewage systems, fixtures and appurtenances, interior and exterior walls, roof, foundations, floor slabs, columns and floors, and ceilings, structural elements so as to preserve and protect the useful life, utility and value functionality of such system and components, and in all events so as to preserve the effectiveness of any warranty relating thereto, and such event when replacements are needed, such replacements shall either be new or in quality and class with a useful life of at least seventy-five percent (75%) of new at the time of such replacement. Tenant shall timely and properly maintain, repair and replace, to the extent necessary for the operation of its business thereon, the Bowling Equipment and all its component parts at the Premises so as to preserve and protect the useful life, utility and functionality of such system and components, and in all events so as to preserve the effectiveness of any warranty relating thereto, such repairs and replacements to shall be at least in quality and class to that is in good working order, utility and function. If any part of the original work. Except as expressly provided otherwise in paragraph 9(b) belowImprovements, if any building system or component which is necessary for the operation of Tenant’s business thereon shall become obsolete, non-functional, or uneconomic to repair, Tenant shall remove such item from the Premises and, and promptly replace it with an item of comparable initial value and functionmeeting the standards above. Promptly upon installation of any equipmentsuch part of the Improvements, which is not Tenantincluding Bowling Equipment at each Site (only following Landlord’s Trade Fixturesacquisition of Bowling Equipment for such Site), Tenant shall deliver to Landlord the any original warranty (which shall specify Landlord as to the owner extent assignable) relating to such part of the equipment Improvements (and Tenantupon Landlord’s having receipt of such original warranty, Landlord shall be deemed to have granted Tenant a non-exclusive license and authority of Landlord solely to enforce such warranty during the Term of the Lease) relating to such equipment). Within thirty (30) days following Landlord’s written request therefor, Tenant shall deliver to Landlord a written statement showing all removals and replacements of such systems or components since part of the last such reportImprovements during the preceding calendar year, including manufacturers, model numbers, and serial numbers. Landlord may, upon two five (25) Business Dayscalendar days’ prior notice (except that no notice shall be required if an Event of Default exists), cause independent private inspectors to make inspections of any building and building systems Improvement on the Premises or segments thereof thereof, including any Site(s), to determine Tenant’s compliance under this paragraph 9. Landlord shall exercise such inspection rights in a commercially reasonable manner to minimize interference with Tenant’s then existing operations, and maintain the confidentiality of any information as required by paragraph 20(c). If such inspection by Landlord reveals that the Premises, or any portion thereof, including any equipment thereon, is not in the condition required by this Lease in any material respectLease, then Tenant shall then pay for such additional inspections performed by Landlord through the inspection approving the condition of such Premises as being in conformity with the Lease. In additionNotwithstanding the foregoing requirements of this paragraph 9, Tenant shall pay the cost of have no obligation to deliver any such inspection warranties for any Tenant’s Personal Property or Bowling Equipment at the Premises which may be and which are subsequently removed by Tenant upon expiration or on behalf earlier termination of this Lease. Landlord while may, but is not required to, during the continuance of an Event of Default exists. and after five (5) calendar days’ notice to Tenant (except in the case of emergency, in which case Tenant shall not takebe given notice contemporaneously with entry), enter the Premises and make such repairs, alterations, improvements, additions, replacements or cause or permit maintenance as Landlord deems necessary to be taken, cure any action that would limit or void Event of Default of Tenant hereunder which remains uncured after the effectiveness expiration of any warranty or guaranty relating to the roofnotice and cure period provided under this Lease, foundationas applicable, exterior walls or building systems of the Building. If the premium or rates payable with respect to any policy or policies of insurance purchased by Landlord with respect to the Building or the Lot increases as in a result of payment by the insurer of any claim arising from any act or neglect of Tenantdiligent fashion, its assignee, subtenant, contractors or invitees, and Tenant shall pay such increase, from time to time, within fifteen (15) days after demand therefor by Landlord, Landlord as Additional RentRent forthwith (and in any event within thirty (30) calendar days) after being billed for same by Landlord the cost thereof plus an administrative fee of five percent (5%) of such cost, which bxxx shall be accompanied by reasonably supporting documentation. Such amounts shall bear interest at the Overdue Rate from the date of expenditure by Landlord to the date of repayment by Tenant at the Overdue Rate.

REPAIRS AND MAINTENANCE; REPLACEMENT. (a) Tenant shall, at its own sole cost and expense, keep the Premises, including all portions thereof, in good order and condition as a first class commercial property at At all times on and after the Commencement Date Date, to and including the date of the termination of the Term, by lapse of time or otherwise. , Tenant acknowledges the deferred maintenance items and other items requiring repair existing as of the Commencement Date as set forth on Exhibit F, and Tenant agreesshall, at its own sole cost and expense, to repair all of keep the same to Premises, including each Site therein, in good operating condition consistent with the “good order and condition” standard set forth Permitted Uses, except as repaired or rebuilt or altered as required or permitted by this Lease (or, in the prior sentence on or before July 31case of termination pursuant to paragraph 14, 2006as condemned). Except as expressly provided otherwise in paragraph 9(b) below, Tenant shall timely and properly maintain, repair and replace replace, to the extent necessary for the operation of its business thereon, all of the Improvements (specifically excluding Bowling Equipment which is separately covered below) at the Premises and all its component parts, including parking lot surface surfaces and stripes, driveways, all landscaping, mechanical systems, electrical and lighting systems, plumbing and sewage systems, fixtures and appurtenances, interior and exterior walls, roof, foundations, floor slabs, columns and floors, and ceilings, structural elements so as to preserve and protect the useful life, utility and value functionality of such system and components, and in all events so as to preserve the effectiveness of any warranty relating thereto, and such event when replacements are needed, such replacements shall either be new or in quality and class with a useful life of at least seventy- five percent (75%) of new at the time of such replacement. Tenant shall timely and properly maintain, repair and replace, to the extent necessary for the operation of its business thereon, the Bowling Equipment and all its component parts at the Premises so as to preserve and protect the useful life, utility and functionality of such system and components, and in all events so as to preserve the effectiveness of any warranty relating thereto, such repairs and replacements to shall be at least in quality and class to that is in good working order, utility and function. If any part of the original work. Except as expressly provided otherwise in paragraph 9(b) belowImprovements, if any building system or component which is necessary for the operation of Tenant’s business thereon shall become obsolete, non-functional, or uneconomic to repair, Tenant shall remove such item from the Premises and, and promptly replace it with an item of comparable initial value and functionmeeting the standards above. Promptly upon installation of any equipmentsuch part of the Improvements, which is not Tenantincluding Bowling Equipment at each Site (only following Landlord’s Trade Fixturesacquisition of Bowling Equipment for such Site), Tenant shall deliver to Landlord the any original warranty (which shall specify Landlord as to the owner extent assignable) relating to such part of the equipment Improvements (and Tenantupon Landlord’s having receipt of such original warranty, Landlord shall be deemed to have granted Tenant a non-exclusive license and authority of Landlord solely to enforce such warranty during the Term of the Lease) relating to such equipment). Within thirty (30) days following Landlord’s written request therefor, Tenant shall deliver to Landlord a written statement showing all removals and replacements of such systems or components since part of the last such reportImprovements during the preceding calendar year, including manufacturers, model numbers, and serial numbers. Landlord may, upon two five (25) Business Dayscalendar days’ prior notice (except that no notice shall be required if an Event of Default exists), cause independent private inspectors to make inspections of any building and building systems Improvement on the Premises or segments thereof thereof, including any Site(s), to determine Tenant’s compliance under this paragraph 9. Landlord shall exercise such inspection rights in a commercially reasonable manner to minimize interference with Tenant’s then existing operations, and maintain the confidentiality of any information as required by paragraph 20(c). If such inspection by Landlord reveals that the Premises, or any portion thereof, including any equipment thereon, is not in the condition required by this Lease in any material respectLease, then Tenant shall then pay for such additional inspections performed by Landlord through the inspection approving the condition of such Premises as being in conformity with the Lease. In additionNotwithstanding the foregoing requirements of this paragraph 9, Tenant shall pay the cost of have no obligation to deliver any such inspection warranties for any Tenant’s Personal Property or Bowling Equipment at the Premises which may be and which are subsequently removed by Tenant upon expiration or on behalf earlier termination of this Lease. Landlord while may, but is not required to, during the continuance of an Event of Default exists. and after five (5) calendar days’ notice to Tenant (except in the case of emergency, in which case Tenant shall not takebe given notice contemporaneously with entry), enter the Premises and make such repairs, alterations, improvements, additions, replacements or cause or permit maintenance as Landlord deems necessary to be taken, cure any action that would limit or void Event of Default of Tenant hereunder which remains uncured after the effectiveness expiration of any warranty or guaranty relating to the roofnotice and cure period provided under this Lease, foundationas applicable, exterior walls or building systems of the Building. If the premium or rates payable with respect to any policy or policies of insurance purchased by Landlord with respect to the Building or the Lot increases as in a result of payment by the insurer of any claim arising from any act or neglect of Tenantdiligent fashion, its assignee, subtenant, contractors or invitees, and Tenant shall pay such increase, from time to time, within fifteen (15) days after demand therefor by Landlord, Landlord as Additional RentRent forthwith (and in any event within thirty (30) calendar days) after being billed for same by Landlord the cost thereof plus an administrative fee of five percent (5%) of such cost, which xxxx shall be accompanied by reasonably supporting documentation. Such amounts shall bear interest at the Overdue Rate from the date of expenditure by Landlord to the date of repayment by Tenant at the Overdue Rate.

REPAIRS AND MAINTENANCE; REPLACEMENT. (a) Tenant shall, at its own sole cost and expense, keep the Premises, including all portions thereof, in good order and condition as a first class commercial property at At all times on and after the Commencement Date to and including the date of the termination of the Term, by lapse of time or otherwise. , Tenant acknowledges the deferred maintenance items and other items requiring repair existing as of the Commencement Date as set forth on Exhibit F, and Tenant agreesshall, at its own sole cost and expense, to repair all of keep the same to the “Premises in good order and condition” standard set forth in a condition equal to or better than the condition existing as of the date hereof, subject to ordinary wear and tear, except as repaired, rebuilt or altered as required or permitted by this Lease (or, in the prior sentence on or before July 31case of termination pursuant to paragraph 14, 2006as condemned). Except as expressly provided otherwise in paragraph 9(b) below, Tenant shall timely and properly maintain, repair and replace all of the Premises and all its component parts, including parking lot surface and stripes, all landscaping, mechanical systems, electrical and lighting systems, plumbing and sewage systems, fixtures and appurtenances, interior and exterior walls, roof, foundations, floor slabs, columns and floors, and ceilings, structural steel so as to preserve and protect the useful life, utility and value of such components, and in all events so as to preserve the effectiveness of any warranty relating thereto, such repairs and replacements to be at least equal in quality and class to the original work. Except as expressly provided otherwise in paragraph 9(b) below, if If any building system or component shall become obsolete, non-functional, or uneconomic to repair, Tenant shall remove such item from the Premises and, promptly replace it with an item of comparable initial value and function. Promptly upon installation of any equipment, equipment which is not Tenant’s Tenant Trade Fixtures, Tenant shall deliver to Landlord the original warranty relating to such equipment (which shall specify Landlord as the owner of the equipment and Tenantupon Landlord’s having receipt of such original warranty, Landlord shall be deemed to have granted Tenant a non-exclusive license and authority of Landlord solely to enforce such warranty during the Term of the Lease) relating to such equipment). Within thirty (30) days following Landlord’s written request therefor, Tenant shall deliver to Landlord a written statement showing all removals and replacements of such systems or components since during the last such reportpreceding calendar year, including manufacturers, model numbers, and serial numbers. Except for Site Assessments as provided in paragraph 26(d), Landlord may, upon two ten (210) Business Days’ prior notice (except that no notice shall be required if an Event of Default exists), cause independent private inspectors to make inspections of any building and building systems on the Premises or segments thereof to determine Tenant’s compliance under this paragraph 9. If Tenant shall pay the cost of one (1) such inspection on the Premises by or on behalf of Landlord once every two (2) calendar years; provided, however, if such inspection by Landlord reveals that the Premises, or any portion thereof, including any equipment thereon, is not in the condition required by this Lease in any material respectLease, then Tenant shall pay for such additional inspections performed by Landlord through the inspection approving the condition of such Premises as being in conformity with the Lease. In additionNotwithstanding the foregoing requirements of this paragraph 9, Tenant shall pay the cost of have no obligation to deliver any such inspection warranties for any Trade Fixtures at the Premises which may and which are subsequently removed by Tenant upon expiration or on behalf earlier termination of this Lease. Landlord while an may, but is not required to, after five (5) Business Days notice to Tenant (except in the case of emergency, in which case Tenant shall be given notice contemporaneously with entry), enter the Premises and make such repairs, alterations, improvements, additions, replacements or maintenance as Landlord deems necessary to cure any Event of Default exists. of Tenant shall not take, or cause or permit to be taken, any action that would limit or void hereunder which remains uncured after the effectiveness expiration of any warranty or guaranty relating to the roofnotice and cure period provided under this Lease, foundationas applicable, exterior walls or building systems of the Building. If the premium or rates payable with respect to any policy or policies of insurance purchased by Landlord with respect to the Building or the Lot increases as in a result of payment by the insurer of any claim arising from any act or neglect of Tenantdiligent fashion, its assignee, subtenant, contractors or invitees, and Tenant shall pay such increase, from time to time, within fifteen (15) days after demand therefor by Landlord, Landlord as Additional RentRent forthwith (and in any event within thirty (30) days) after being billed for same by Landlord the cost thereof plus an administrative fee of five percent (5%) of such cost, which xxxx shall be accompanied by reasonably supporting documentation. Such amounts shall bear interest at the Overdue Rate from the date of expenditure by Landlord to the date of repayment by Tenant at the Overdue Rate.