Common use of Repairs and Replacements Clause in Contracts

Repairs and Replacements. 11.1 Supplier will at its own expense either repair or, at PavCo's option, replace any part or parts of any of the Goods or the Work in which defects or deficiencies in workmanship, materials, design or operation are discovered at any time within a period of one year (1) year (the "Warranty Period") commencing from the date of final inspection and acceptance by PavCo, even though such defects or deficiencies are such that inspection by PavCo ought to have disclosed or did disclose such defects or deficiencies, and at PavCo's option, Supplier shall repair or bear the cost of repairing any damage (whether to the Goods or the Work or any other property of any person) caused by any such defects or deficiencies. The Warranty Period shall be extended by the time during which any of the Goods or the Work were out of service by reason of defects or deficiencies which Supplier is required to repair or replace and shall apply to any repairs or replacements. 11.2 Repairs shall be done at PavCo's convenience and, at PavCo's option, on PavCo's premises unless the repairs are of such a nature as to require repair facilities that are not or cannot be made available on PavCo's premises. Repairs shall be done as expeditiously as possible. All expenses attendant upon such repair or replacements, including any freight, taxes, duties or brokerage fees shall be for Supplier's account. 11.3 Notwithstanding the foregoing, PavCo may proceed to repair or replace same or to have same repaired or replaced at Supplier's risk and expense without prejudice to any rights which PavCo may have under this Agreement, at law or in equity, or otherwise. In urgent circumstances, XxxXx may take immediate steps to mitigate the consequences of any defect or to repair or replace defective Goods or Work, all at Supplier's risk and expense, and PavCo shall provide Supplier with written notice thereof as soon as practicable under the circumstances. 11.4 The obligations of Supplier in Section 12.0 are in addition to and shall not be deemed to affect or diminish the warranties set forth in Sections 10.0 and 11.0.

Repairs and Replacements. 11.1 Supplier will at its own expense either Notwithstanding the provisions of Article A of this Section herein above, Lessor shall repair orand maintain the structural portions of the Building, at PavCo's optionincluding the exterior walls and structural portions of the roof, replace any unless such maintenance and repairs are caused in part or parts in whole by the act, neglect, fault or omission of or by the Lessee, its agents, servants, employees, invitees. Lessor shall not be liable for any failure to make such repairs or to perform any maintenance unless such failure shall persist for thirty (30) days after written notice of the Goods need of such repairs or the Work in which defects or deficiencies in workmanship, materials, design or operation are discovered at any time within a period of one year (1) year (the "Warranty Period") commencing from the date of final inspection and acceptance maintenance is given to Lessor by PavCo, even though such defects or deficiencies are such that inspection by PavCo ought to have disclosed or did disclose such defects or deficiencies, and at PavCo's option, Supplier shall repair or bear the cost of repairing any damage (whether to the Goods or the Work or any other property of any person) caused by any such defects or deficienciesLessee. The Warranty Period There shall be extended by the time during which any no abatement of the Goods or the Work were out rent and no liability of service Lessor by reason of defects any injury to or deficiencies which Supplier is required to repair interference with Lessee's business arising from the making of any repairs, alterations or replace and shall apply improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Lessee waives the right to make repairs at Lessor's expense under any law, statute or replacementsordinance now or hereafter in effect. The following table specifically states the responsibility for repairs and replacement for the described items. REPAIRS TO BE REPLACEMENTS MADE AND TO BE MADE AND Description PAID FOR BY: PAID FOR BY: ----------- ------------ ------------ Strutural failure, exteriors, roof, down- spouts, foundations, walls, sidewalks, canopies and/or common areas Lessor Lessor Floods, building only Lessor Lessor Overflow of water or sewer Lessor* Lessor* Parking lot Lessor Lessor Windows and doors Lessor* Lessor* Interior painting (when required) Lessor Lessor Finished trim, etc. Lessor* Lessor* Lessee's fixtures Lessee Lessee Lessor's fixtures and equipment (except as otherwise noted) Lessee Lessor* Plumbing and sewage, within Leased Premises Lessee Lessor* (Starting 2nd Yr. 11.2 Repairs ) Max. $100 (Each Occurrence) Heating & Air Conditioning Lessee Lessor* Equipment** (Starting 2nd Yr.) Max. $100 (Each Occurrence) Lessee Lessor* (Starting 2nd Yr.) Max. $100 (Each Occurrence) Electrical wiring Lessor* Lessor* Electric fixtures, (Bulbs Lessee) and ballast's Lessor* Lessor* *Unless caused by Lessee's negligence or abuse **Lessee will be responsible for replacing filters in Heating & A/C Equipment. All repairs and replacements shall be done at PavCo's convenience andsubstantially of the same quality and class as the original work and in accordance with all laws, at PavCo's optiondirections, on PavCo's premises unless the repairs are rules and regulations of such a nature as to require repair facilities that are not regulatory bodies or cannot be made available on PavCo's premises. Repairs shall be done as expeditiously as possible. All expenses attendant upon such repair or replacements, including any freight, taxes, duties or brokerage fees shall be for Supplier's accountofficials having jurisdiction thereof. 11.3 Notwithstanding the foregoing, PavCo may proceed to repair or replace same or to have same repaired or replaced at Supplier's risk and expense without prejudice to any rights which PavCo may have under this Agreement, at law or in equity, or otherwise. In urgent circumstances, XxxXx may take immediate steps to mitigate the consequences of any defect or to repair or replace defective Goods or Work, all at Supplier's risk and expense, and PavCo shall provide Supplier with written notice thereof as soon as practicable under the circumstances. 11.4 The obligations of Supplier in Section 12.0 are in addition to and shall not be deemed to affect or diminish the warranties set forth in Sections 10.0 and 11.0.

Repairs and Replacements. 11.1 Supplier will A. Tenant represents and covenants, at its own expense either cost and expense, to make any and all changes, alterations, repairs or replacements, ordinary or extraordinary, structural or otherwise, foreseen or unforeseen, necessary to keep in reasonable physical condition the buildings and improvements on the Demised Premises now standing and hereafter erected, inside and outside, including, but not limited to, repairs to foundations, sidewalks, walls, floors, ceilings, elevators, vaults, window glass, gas pipes, wires or conduits for electricity, whether inside, in front of, or appurtenant to the Demised Premises, such repairs, replacements or renewals to be at least the equal in quality of materials and workmanship as those replaced. Tenant will maintain, repair and/or replace the elevator system (including all of its components), the boiler and/or the roof, if necessary. Tenant will also be responsible to maintain and/or repair the water and sewer connections to the Demised Premises. B. The Tenant, at its sole cost, shall have the right to renovate the premises as it sees fit, providing, however, and on condition that all work is done in full conformity with the various state, federal and municipal departments having jurisdiction thereover. If any such renovations shall reduce the number of rentable units in the Demised Premises, or shall limit the amount of rent which may be otherwise charged for any unit(s), then, at the expiration of the term of this Lease as set forth in Article 2 hereof or at the expiration of any renewal of this Lease, or the termination of this Lease pursuant to Article 23 or any other provision of this Lease, Tenant agrees, at its sole cost, to restore the premises to its former condition, or, at PavCoTenant's option, replace any part to remit to the Landlord the reasonable cost of such restoration. In the event that Tenant causes the Certificate of Occupancy set forth in Article 13 to be amended, Tenant agrees, at its sole cost, to cause such Certificate of Occupancy to be restored to its former provision (provided that such former provision shall then be permitted by law or parts by the zoning resolution then in effect) at the expiration of any renewal of the Goods this Lease, or the Work in which defects termination of this Lease pursuant to Article 23 or deficiencies in workmanshipany other provision of this Lease. If such restoration shall not be permitted by law at such time, materials, design or operation are discovered at Tenant shall reimburse Landlord for any time within losses occasioned to Landlord as a period result of one year (1) year (such alterations. C. Any structural changes to the "Warranty Period") commencing from Demised Premises that shall be required as a result of generally applicable changes to governmental regulations of any governmental body having jurisdiction thereover shall be the date responsibility of final inspection and acceptance by PavCo, even though such defects or deficiencies are such Landlord. If Landlord reasonably determines that inspection by PavCo ought to have disclosed or did disclose such defects or deficiencies, and at PavCo's option, Supplier shall repair or bear the cost of repairing any damage such changes does not warrant making such changes, Landlord may terminate this Lease upon sixty (whether 60) days prior written notice to Tenant without penalty and the Goods or the Work or any other property otherwise applicable provisions of any person) caused by any such defects or deficiencies. The Warranty Period this Lease regarding terminations shall be extended by applied as if the time during which any of the Goods or the Work were out of service by reason of defects or deficiencies which Supplier is required to repair or replace and shall apply to any repairs or replacementsLease had otherwise terminated on such date. 11.2 Repairs shall be done at PavCo's convenience and, at PavCo's option, on PavCo's premises unless the repairs are of such a nature as to require repair facilities that are not or cannot be made available on PavCo's premises. Repairs shall be done as expeditiously as possible. All expenses attendant upon such repair or replacements, including any freight, taxes, duties or brokerage fees shall be for Supplier's account. 11.3 Notwithstanding the foregoing, PavCo may proceed to repair or replace same or to have same repaired or replaced at Supplier's risk and expense without prejudice to any rights which PavCo may have under this Agreement, at law or in equity, or otherwise. In urgent circumstances, XxxXx may take immediate steps to mitigate the consequences of any defect or to repair or replace defective Goods or Work, all at Supplier's risk and expense, and PavCo shall provide Supplier with written notice thereof as soon as practicable under the circumstances. 11.4 The obligations of Supplier in Section 12.0 are in addition to and shall not be deemed to affect or diminish the warranties set forth in Sections 10.0 and 11.0.

Repairs and Replacements. 11.1 Supplier will (a) Throughout the term of this Lease, Tenant shall, at its own expense either repair orsole cost and expense, at PavCo's optionmaintain the Premises in a good state of repair, replace any part or parts of any including all plumbing, electrical, air conditioning, fire alarm, fire sprinkler, burglar alarm, fire sprinkler, and irrigation systems, and all structural portions of the Goods or the Work in which defects or deficiencies in workmanship, materials, design or operation are discovered at any time within a period of one year (1) year (the "Warranty Period") commencing from the date of final inspection and acceptance by PavCo, even though such defects or deficiencies are such that inspection by PavCo ought to have disclosed or did disclose such defects or deficiencies, and at PavCo's option, Supplier Improvements. Tenant shall repair or bear replace such items as shall be reasonably required from time to time during the cost term of repairing any damage (whether this Lease to maintain at all times the Premises, including all additions thereto constructed by or on behalf of Tenant, in working order. Except to the Goods or the Work or any other property of any person) extent caused by any such defects the gross negligence or deficiencies. The Warranty Period willful misconduct of Landlord, its members, employees or agents, there shall be extended by the time during which any no abatement of the Goods or the Work were out of service Rent and no liability to Tenant by reason of defects any injury to or deficiencies which Supplier is required to repair interference with Tenant’s business arising from the making of any repairs, alterations, replacements or replace and shall apply improvements in or to any repairs portion of the Premises, or replacementsin or to the fixtures, appurtenances and equipment thereof, regardless of the cause for the need of any such repair, alteration, replacement or improvement. 11.2 Repairs (b) Throughout the Lease Term, Tenant shall be done at PavCo's convenience andits sole costs, at PavCo's optionalso maintain in good order, on PavCo's premises unless condition and repair all nonstructural portions of the repairs are Premises, including, without limitation, the exterior and interior portions of such all doors and door hardware, all windows and window hardware, all fixtures, electrical equipment, interior walls, floors, floor coverings and ceilings and all other property furnished by Landlord to Tenant and comprising a nature as portion of the Premises. Tenant shall, upon the expiration or earlier termination of the Lease Term, quietly and peaceably surrender the Premises to require repair facilities that are not or cannot be made available on PavCo's premises. Repairs shall be done as expeditiously as possible. All expenses attendant upon such repair or replacements, including any freight, taxes, duties or brokerage fees shall be for Supplier's accountLandlord in working condition. 11.3 Notwithstanding (c) By entering into this Lease, Tenant acknowledges it has accepted the foregoingPremises in “as is” condition and as being in working condition, PavCo may proceed to repair without relying on any representations, covenants or replace same or to have same repaired or replaced at Supplier's risk and expense without prejudice to any rights which PavCo may have under this Agreement, at law or in equity, or otherwise. In urgent circumstances, XxxXx may take immediate steps to mitigate the consequences warranties of any defect or to repair or replace defective Goods or Work, all at Supplier's risk and expense, and PavCo shall provide Supplier with written notice thereof as soon as practicable under the circumstancesLandlord. 11.4 The obligations of Supplier in Section 12.0 are in addition to and shall not be deemed to affect or diminish the warranties set forth in Sections 10.0 and 11.0.

Repairs and Replacements. 11.1 Supplier will at its own expense either repair orA. The LESSOR shall maintain the roof, at PavCo's optionexterior walls, replace any part or parts of any air conditioning and heating equipment and fire sprinkler systems of the Goods building of which the Leased Premises are a part in good repair and tenantable condition during the continuance of the Lease, except in case of damage arising from the act or the Work in which defects negligence of the LESSEE, its agents or deficiencies in workmanshipemployees. For the purpose of so maintaining the Leased Premises, materialsthe LESSOR reserves the right at reasonable times to enter and inspect the Leased Premises and to make any necessary repairs to the building, design including temporary cessation of services, including elevator, heating, water, electricity or operation are discovered at any time within a period of one year (1) year (the "Warranty Period") commencing from the date of final inspection and acceptance by PavCo, even though such defects or deficiencies are such that inspection by PavCo ought to have disclosed or did disclose such defects or deficiencies, and at PavCo's option, Supplier air conditioning. LESSEE shall repair or bear be responsible for the cost of repairing all repairs necessitated by the intentional acts or negligence of the LESSEE, its agents, servants, employees or invitees. B. LESSEE covenants and agrees at LESSEE's own expense to keep the interior of the Leased Premises and all plate glass and fixtures'and the doors, doorjambs, and thresholds at all times in good repair, order and condition, except for such repairs as are necessitated by fire or other perils provided for by extended coverage clauses of policies of insurance carried by the LESSEE, and except such repairs for damage or loss caused by the sole negligence of LESSOR. Maintenance and repair of the air conditioning and heating equipment shall be the LESSOR's responsibility; maintenance and repair of the plumbing and electrical services in the Leased Premises shall be LESSEE's sole responsibility throughout the entire term of this Lease and any extensions hereof. The LESSEE agrees to maintain the Leased Premises and its systems and equipment in the same condition, order and repair as they are at the commencement of this Lease. LESSEE shall immediately make repair of any damage (whether to the Goods Lea~ed Premises, its systems and equipment or the Work building of which it is a part caused by the LESSEE, its agents or invitees. C. If damage, which LESSEE is required to repair, is caused by perils not covered by insurance, and LESSEE shall fail to commence repairing the damage and complete same within a reasonable time, or if LESSEE shall fail to keep the Leased Premises in a good state of maintenance and repair, LESSOR shall have the right, but not the obligation, to repair and/or maintain, and any amounts so expended by LESSOR shall be charges to LESSEE as additional rent due and payable on the first day of the month following. D. At any time or times LESSOR, either voluntarily or pursuant to governmental requirement, may, at LESSOR's own expenses, make repairs, alterations or improvements in or to the building in which the Leased Premises are located, or any part thereof including the Leased Premises, and during operations, may close entrances, doors, corridors, elevators or other property of facilities, all without any person) caused by any such defects or deficiencies. The Warranty Period shall be extended by the time during which any of the Goods or the Work were out of service liability to LESSEE by reason of defects interference, inconvenience or deficiencies which Supplier is required to repair or replace and shall apply to any repairs or replacements. 11.2 Repairs shall be done at PavCo's convenience and, at PavCo's option, on PavCo's premises unless the repairs are of such a nature as to require repair facilities that are not or cannot be made available on PavCo's premisesannoyance. Repairs shall be done as expeditiously as possible. All expenses attendant upon such repair or replacements, including any freight, taxes, duties or brokerage fees shall be for Supplier's account. 11.3 Notwithstanding the foregoing, PavCo may proceed to repair or replace same or to have same repaired or replaced at Supplier's risk and expense without prejudice to any rights which PavCo may have under this Agreement, at law or in equity, or otherwise. In urgent circumstances, XxxXx may take immediate steps to mitigate the consequences of any defect or to repair or replace defective Goods or Work, all at Supplier's risk and expense, and PavCo shall provide Supplier with written notice thereof as soon as practicable under the circumstances. 11.4 The obligations of Supplier in Section 12.0 are in addition to and LESSOR shall not be deemed liable to affect LESSEE for any expense, injury, loss or diminish damage resulting from work done in or upon, or the warranties set forth use of, any adjacent premises or nearby building, land, street or alley. LESSEE shall pay LESSOR for overtime and for any other expenses incurred in Sections 10.0 and 11.0event repairs, alteration, decorating or other work in the Leased Premises at LESSEE's request are not made during ordinary business hours.

Repairs and Replacements. 11.1 Supplier will at its own expense either repair orLandlord, at PavCoLandlord's optionexpense, replace any part or parts of any of shall maintain and keep in good condition the Goods Premises, the Storage Area and Building, except for damage to the Premises, the Storage Area or the Work Building caused by acts or omissions of Tenant, Tenant's agents, employees, contractors, guests or invitees, in which defects or deficiencies in workmanshipevent Tenant, materialssubject to the provisions of Section 19.2 hereof, design or operation are discovered at any time within a period of one year (1) year (the "Warranty Period") commencing from the date of final inspection and acceptance by PavCo, even though such defects or deficiencies are such that inspection by PavCo ought to have disclosed or did disclose such defects or deficiencies, and at PavCo's option, Supplier shall repair or will bear the cost of repairing any such maintenance or repair. Tenant, at Tenant's expense, shall at all times keep the Premises and Storage Area in a clean, safe and tenantable condition and in good order, repair and appearance and Landlord shall have the right to approve the means and methods employed in performance of such work. If Tenant does not do so Landlord may (but need not) restore the Premises and Storage Area to a clean, safe and tenantable condition, and Tenant shall pay the cost thereof forthwith upon being billed by Landlord. This Section shall not apply to damage (whether or destruction and condemnation proceedings otherwise provided for in this Lease. In the event emergency repairs are required within the Premises and Tenant is unable to contact Landlord after diligent and persistent efforts so to do and Landlord is otherwise unaware of such emergency, Tenant may perform Landlord's repair obligations within the Premises as set forth herein. Such repairs shall be performed in a good and workmanlike manner using materials of a quality comparable to the Goods or materials used in the Work or construction of the Premises and the Building generally. During the performance of such repairs (and thereafter, until Tenant is able to contact Landlord), Tenant shall endeavor to notify Landlord that Tenant has undertaken to make such repairs on Landlord's behalf and Landlord shall have the right to assume the performance of such repairs at any time. Any such repairs undertaken by Tenant shall be performed in a manner so as not to interfere with any other property tenant's access to or use and occupancy of any personits premises within the Building. Landlord shall reimburse Tenant for the reasonable costs of said repairs within thirty (30) caused by any days of Landlord's receipt of an invoice for same. For the purpose of this Article 12, an "emergency" necessitating such defects or deficiencies. The Warranty Period shall be extended by the time during which any of the Goods or the Work were out of service by reason of defects or deficiencies which Supplier is required to repair or replace and shall apply to any repairs or replacements. 11.2 Repairs shall be done at PavCo's convenience and, at PavCo's option, on PavCo's premises unless the repairs are of such a nature as to require repair facilities that are not or cannot be made available on PavCo's premises. Repairs shall be done as expeditiously as possible. All expenses attendant upon such repair or replacements, including any freight, taxes, duties or brokerage fees shall be for Supplier's account. 11.3 Notwithstanding the foregoing, PavCo may proceed to repair or replace same or to have same repaired or replaced at Supplier's risk and expense without prejudice to any rights which PavCo may have under this Agreement, at law or in equity, or otherwise. In urgent circumstances, XxxXx may take immediate steps to mitigate the consequences of any defect or to repair or replace defective Goods or Work, all at Supplier's risk and expense, and PavCo shall provide Supplier with written notice thereof as soon as practicable under the circumstances. 11.4 The obligations of Supplier in Section 12.0 are in addition to and shall not be deemed to affect exist unless Tenant reasonably determines that there is an imminent threat of harm to any person or diminish an imminent threat of material damage to Tenant's property located in the warranties set forth in Sections 10.0 and 11.0Premises.

Repairs and Replacements. 11.1 Supplier will The Tenant shall at its own expense either cost repair, replace, maintain and keep the Leased Premises and every part thereof, including without limitation the Leasehold Improvements and the heating, ventilating and air conditioning equipment serving the Building, fixtures and furnishings (whether or not installed or furnished by the Tenant), in good and substantial repair orand condition as a prudent owner would do, at PavCo's optionreasonable wear and tear and repairs and replacements to the Structure only excepted (provided that there shall be no exception for damage caused by the negligent act or omission of the Tenant or anyone for whom it is in law responsible). For clarity, replace any part it is acknowledged that the Tenant shall be responsible for maintenance of the Structure, but not for repairs or parts replacements to the structure, except to the extent necessary as a result of any act or omission of the Goods Tenant, its employees, agents, suppliers or invitees, including, without limitation, failure to properly maintain the Work in which defects or deficiencies in workmanshipStructure. The Landlord shall be responsible for Structural repairs and replacements (except the extent previously set forth) and the Tenant shall pay to the Landlord, materialsupon demand, design or operation are discovered at any time within a period of one year (1) year (the "Warranty Period") commencing from the date of final inspection and acceptance by PavCo, even though such defects or deficiencies are such that inspection by PavCo ought to have disclosed or did disclose such defects or deficiencies, and at PavCo's option, Supplier shall repair or bear the cost of repairing any damage (whether such repairs and replacements made by the Landlord, provided that for repairs and replacements to the Goods Structure that are capital in nature, as determined by the Landlord, in accordance with generally acceptable accounting principles, the Landlord shall amortize such costs (plus interest on the unamortized portion of such costs at the rate of Prime plus 5% per annum), over the useful life of the relevant repair or replacement on a straight-line basis and the Tenant shall only be required to pay the portion of such cost as is amortized over the remainder of the Term (and any extensions or renewals thereof), to be paid by annual instalments. By way of example, in the event of a capital repair costing $20,000 with a useful life of 10 years, the Tenant would be required to pay $2,000 (plus interest) each year as its contribution, until the expiration of the Lease as may be extended or renewed, or until the full amortization and payment to the Landlord of such amount, whichever is earlier. The Tenant agrees that the Landlord may enter for the purpose of making Structural repairs and/or replacements as may be required, and may enter to view the state of repair and condition and that the Tenant shall repair in accordance with notice in writing from the Landlord; provided that if the Tenant neglects to so maintain or to make such repairs or replacements promptly after notice, the Landlord may, at its option, do such maintenance or make such repairs or replacements at the expense of the Tenant, and in any and every such case the Tenant covenants with the Landlord to pay to the Landlord forthwith as Additional Rent all sums which the Landlord may have expended in doing such maintenance and making such repairs and/or replacements, together with an administration fee of 15% of the cost of such repairs and/or replacements; provided further that the doing of such maintenance or the Work making of any such repairs or replacements by the Landlord shall not relieve the Tenant from its obligation to maintain, repair and replace. The Tenant shall provide the Landlord with notice of all accidents, or any other property material damage or defect to the Leased Premises or on the Project of any person) caused by any such defects or deficiencies. The Warranty Period shall be extended by which the time during which any of the Goods or the Work were out of service by reason of defects or deficiencies which Supplier Tenant is required to repair or replace and shall apply to any repairs or replacementsaware. 11.2 Repairs shall be done at PavCo's convenience and, at PavCo's option, on PavCo's premises unless the repairs are of such a nature as to require repair facilities that are not or cannot be made available on PavCo's premises. Repairs shall be done as expeditiously as possible. All expenses attendant upon such repair or replacements, including any freight, taxes, duties or brokerage fees shall be for Supplier's account. 11.3 Notwithstanding the foregoing, PavCo may proceed to repair or replace same or to have same repaired or replaced at Supplier's risk and expense without prejudice to any rights which PavCo may have under this Agreement, at law or in equity, or otherwise. In urgent circumstances, XxxXx may take immediate steps to mitigate the consequences of any defect or to repair or replace defective Goods or Work, all at Supplier's risk and expense, and PavCo shall provide Supplier with written notice thereof as soon as practicable under the circumstances. 11.4 The obligations of Supplier in Section 12.0 are in addition to and shall not be deemed to affect or diminish the warranties set forth in Sections 10.0 and 11.0.

Repairs and Replacements. 11.1 Supplier will at its own expense either repair orLandlord, at PavCoLandlord's optionexpense, replace any part or parts of any shall maintain and keep in good condition the Premises, the Storage Area, and Building including the foundation, exterior walls, roof, roof membrane and roof covering of the Goods Building, sprinkler systems in or serving the Work Premises and/or the Building, HVAC system, and plumbing, electric and other utility lines servicing the Building or connecting the Premises, the Storage Area, and the Building, except for damage to the Premises, the Storage Area, and Building (including the parts thereof specified above) caused by acts or omissions of Tenant, Tenant's agents, employees, contractors, guests or invitees, in which defects or deficiencies in workmanshipevent Tenant, materialssubject to the provisions of Section 19.2 hereof, design or operation are discovered at any time within a period of one year (1) year (the "Warranty Period") commencing from the date of final inspection and acceptance by PavCo, even though such defects or deficiencies are such that inspection by PavCo ought to have disclosed or did disclose such defects or deficiencies, and at PavCo's option, Supplier shall repair or will bear the cost of repairing any such maintenance or repair. Tenant, at Tenant's expense, shall at all times keep the Premises and the Storage Area in a clean, safe and tenantable condition and in first class order, repair and appearance and Landlord shall have the right to approve the means and methods employed in performance of such work. If Tenant does not do so Landlord may (but need not), after the notice and cure periods specified in Section 17.1, restore the Premises and the Storage Area to a clean, safe and tenantable condition, and Tenant shall pay the cost thereof forthwith upon being billed by Landlord. This Section shall not apply to damage (whether or destruction and condemnation proceedings otherwise provided for in this Lease. In the event emergency repairs are required within the Premises and Tenant is unable to contact Landlord after diligent and persistent efforts so to do and Landlord is otherwise unaware of such emergency, Tenant may perform Landlord's repair obligations within the Premises as set forth herein. Such repairs shall be performed in a good and workmanlike manner using materials of a quality comparable to the Goods or materials used in the Work or any other property of any person) caused by any such defects or deficiencies. The Warranty Period shall be extended by the time during which any construction of the Goods or Premises and the Work were out of service by reason of defects or deficiencies which Supplier is required to repair or replace and shall apply to any repairs or replacements. 11.2 Repairs shall be done at PavCo's convenience and, at PavCo's option, on PavCo's premises unless Building generally. During the repairs are performance of such a nature as repairs (and thereafter, until Tenant is able to require repair facilities contact Landlord), Tenant shall endeavor to notify Landlord that are not or cannot be made available Tenant has undertaken to make such repairs on PavCoLandlord's premises. Repairs shall be done as expeditiously as possible. All expenses attendant upon such repair or replacements, including any freight, taxes, duties or brokerage fees shall be for Supplier's account. 11.3 Notwithstanding the foregoing, PavCo may proceed to repair or replace same or to have same repaired or replaced at Supplier's risk behalf and expense without prejudice to any rights which PavCo may have under this Agreement, at law or in equity, or otherwise. In urgent circumstances, XxxXx may take immediate steps to mitigate the consequences of any defect or to repair or replace defective Goods or Work, all at Supplier's risk and expense, and PavCo shall provide Supplier with written notice thereof as soon as practicable under the circumstances. 11.4 The obligations of Supplier in Section 12.0 are in addition to and shall not be deemed to affect or diminish the warranties set forth in Sections 10.0 and 11.0.Landlord

Repairs and Replacements. 11.1 Supplier will at its own expense either repair orA. The LESSOR shall maintain the roof, at PavCo's optionexterior walls, replace any part or parts of any and fire sprinkler systems of the Goods building of which the Leased Premises are a part in good repair and tenantable condition during the continuance of the Lease, except in case of damage arising from the act or the Work in which defects negligence of the LESSEE, its agents or deficiencies in workmanshipemployees. For the purpose of so maintaining the Leased Premises, materialsthe LESSOR reserves the right at reasonable times to enter and inspect the leased Premises and to make any necessary repairs to the building, design including temporary cessation of services, including heating, water, electricity or operation are discovered at any time within a period of one year (1) year (the "Warranty Period") commencing from the date of final inspection and acceptance by PavCo, even though such defects or deficiencies are such that inspection by PavCo ought to have disclosed or did disclose such defects or deficiencies, and at PavCo's option, Supplier air conditioning. LESSEE shall repair or bear be responsible for the cost of repairing all repairs necessitated by the intentional acts or negligence of the LESSEE, its agents, servants, employees or invitees. B. LESSEE covenants and agrees at LESSEE's own expense to keep the interior of the Leased Premises and all plate glass and fixtures and the doors, doorjambs, and thresholds at all times in good repair, order and condition, except for such repairs as are necessitated by fire or other perils provided for by extended coverage clauses of policies of insurance carried by the LESSEE, and except such repairs for damage or loss caused by the sole negligence of LESSOR. Maintenance and repair of the electrical services in the Leased Premises shall be LESSEE's sole responsibility throughout the entire term of this Lease and any extensions hereof. The LESSEE agrees to maintain the Leased Premises and its systems and equipment in the same condition, order and repair as they are at the commencement of this Lease. LESSEE shall immediately make repair of any damage (whether to the Goods Leased Premises, its systems and equipment or the Work misc\addlease 7 building of which it is a part caused by the LESSEE, its agents or invitees. C. If damage, which LESSEE is required to repair, is caused by perils not covered by insurance and LESSEE shall fail to commence repairing the damage and complete same within a reasonable time, or if LESSEE shall fail to keep the Leased Premises in a good state of maintenance and repair, LESSOR shall have the right, but not the obligation, to repair and/or maintain, and any amounts so expended by LESSOR shall be charges to LESSEE as additional rent due and payable on the first day of the month following. D. At any time or times LESSOR, either voluntarily or pursuant to governmental requirement, may, at LESSOR's own expenses, make repairs, alterations or improvements in or to the building in which the Leased Premises are located, or any part thereof including the Leased Premises, and during operations, may close entrances, doors, corridors, elevators or other property of facilities, all without any person) caused by any such defects or deficiencies. The Warranty Period shall be extended by the time during which any of the Goods or the Work were out of service liability to LESSEE by reason of defects interference, inconvenience or deficiencies which Supplier is required to repair or replace and shall apply to any repairs or replacements. 11.2 Repairs shall be done at PavCo's convenience and, at PavCo's option, on PavCo's premises unless the repairs are of such a nature as to require repair facilities that are not or cannot be made available on PavCo's premisesannoyance. Repairs shall be done as expeditiously as possible. All expenses attendant upon such repair or replacements, including any freight, taxes, duties or brokerage fees shall be for Supplier's account. 11.3 Notwithstanding the foregoing, PavCo may proceed to repair or replace same or to have same repaired or replaced at Supplier's risk and expense without prejudice to any rights which PavCo may have under this Agreement, at law or in equity, or otherwise. In urgent circumstances, XxxXx may take immediate steps to mitigate the consequences of any defect or to repair or replace defective Goods or Work, all at Supplier's risk and expense, and PavCo shall provide Supplier with written notice thereof as soon as practicable under the circumstances. 11.4 The obligations of Supplier in Section 12.0 are in addition to and LESSOR shall not be deemed liable to affect LESSEE for any expense, injury, loss or diminish damage resulting from work done in or upon, or the warranties set forth use of, any adjacent premises or nearby building, land, street or alley. LESSEE shall pay LESSOR for overtime and for any other expenses incurred in Sections 10.0 and 11.0event repairs, alteration, decorating or other work in the Leased Premises at LESSEE's request are not made during ordinary business hours.

Repairs and Replacements. 11.1 Supplier will at its own expense either repair orLandlord, at PavCoLandlord's optionexpense, replace any part or parts of any shall maintain and keep in good condition the Premises and Building, including the foundation, exterior walls, roof, roof membrane and roof covering of the Goods Building, sprinkler system in or serving the Work Premises and/or the Building, the HVAC system, and plumbing, electric and other utility lines servicing the Building or connecting the Premises and the Building, except for damage to the Premises or Building (including the parts thereof specified above) caused by acts or omissions of Tenant, Tenant's agents, employees, contractors, guests or invitees, in which defects or deficiencies in workmanshipevent Tenant, materialssubject to the provisions of Section 19.2 hereof, design or operation are discovered at any time within a period of one year (1) year (the "Warranty Period") commencing from the date of final inspection and acceptance by PavCo, even though such defects or deficiencies are such that inspection by PavCo ought to have disclosed or did disclose such defects or deficiencies, and at PavCo's option, Supplier shall repair or will bear the cost of repairing any such maintenance or repair. Tenant, at Tenant's expense, shall at all times keep the Premises in a clean, safe and tenantable condition and in first class order, repair and appearance and Landlord shall have the right to approve the means and methods employed in performance of such work. If Tenant does not do so Landlord may (but need not) restore the Premises to a clean, safe and tenantable condition, and Tenant shall pay the cost thereof forthwith upon being billed by Landlord. This Section shall not apply to damage (whether or destruction and condemnation proceedings otherwise provided for in this Lease. In the event emergency repairs are required within the Premises and Tenant is unable to contact Landlord after diligent and persistent efforts so to do and Landlord is otherwise unaware of such emergency, Tenant may perform Landlord's repair obligations within the Premises as set forth herein. Such repairs shall be performed in a good and workmanlike manner using materials of a quality comparable to the Goods or materials used in the Work or construction of the Premises and the Building generally. During the performance of such repairs (and thereafter, until Tenant is able to contact Landlord), Tenant shall endeavor to notify Landlord that Tenant has undertaken to make such repairs on Landlord's behalf and Landlord shall have the right to assume the performance of such repairs at any time. Any such repairs undertaken by Tenant shall be performed in a manner so as not to interfere with any other property tenant's access to or use and occupancy of any personits premises within the Building. Landlord shall reimburse Tenant for the reasonable costs of said repairs within thirty (30) caused by any days of Landlord's receipt of an invoice for same. For the purposes of this Article 12, an "emergency" necessitating such defects or deficiencies. The Warranty Period shall be extended by the time during which any of the Goods or the Work were out of service by reason of defects or deficiencies which Supplier is required to repair or replace and shall apply to any repairs or replacements. 11.2 Repairs shall be done at PavCo's convenience and, at PavCo's option, on PavCo's premises unless the repairs are of such a nature as to require repair facilities that are not or cannot be made available on PavCo's premises. Repairs shall be done as expeditiously as possible. All expenses attendant upon such repair or replacements, including any freight, taxes, duties or brokerage fees shall be for Supplier's account. 11.3 Notwithstanding the foregoing, PavCo may proceed to repair or replace same or to have same repaired or replaced at Supplier's risk and expense without prejudice to any rights which PavCo may have under this Agreement, at law or in equity, or otherwise. In urgent circumstances, XxxXx may take immediate steps to mitigate the consequences of any defect or to repair or replace defective Goods or Work, all at Supplier's risk and expense, and PavCo shall provide Supplier with written notice thereof as soon as practicable under the circumstances. 11.4 The obligations of Supplier in Section 12.0 are in addition to and shall not be deemed to affect exist unless Tenant reasonably determines that there is an imminent threat of harm to any person or diminish an imminent threat of material damage to Tenant's property located in the warranties set forth in Sections 10.0 and 11.0Premises.

Repairs and Replacements. 11.1 Supplier will The Tenant shall keep the interior parts of the Demised Premises and the Addition in good repair and condition except, repairs required by the acts of Landlord, its agents, employees and contractors, all of which shall be repaired by Landlord, at its own expense either repair orexpense. Tenant shall comply with all rules, at PavCo's option, replace any part or parts regulations and requirements of any of the Goods Federal, State, County or Municipal authority, or the Work in which defects Board of Fire Underwriters or deficiencies in workmanshiplike organization, materials, design or operation are discovered at any time within a period of one year (1) year (the "Warranty Period") commencing from the date of final inspection and acceptance by PavCo, even though such defects or deficiencies are such that inspection by PavCo ought to have disclosed or did disclose such defects or deficiencies, and at PavCo's option, Supplier shall repair or bear the cost of repairing any damage (whether applicable to the Goods or the Work or any other property of any person) caused by any such defects or deficiencies. The Warranty Period shall be extended by the time during which any of the Goods or the Work were out of service by reason of defects or deficiencies which Supplier is required to repair or replace and shall apply to any repairs or replacements. 11.2 Repairs shall be done at PavCo's convenience and, at PavCo's option, on PavCo's premises unless the repairs are of such a nature as to require repair facilities that are not or cannot be made available on PavCo's premises. Repairs shall be done as expeditiously as possible. All expenses attendant upon such repair or replacements, including any freight, taxes, duties or brokerage fees shall be for Supplier's account. 11.3 Notwithstanding the foregoing, PavCo may proceed to repair or replace same or to have same repaired or replaced at Supplier's risk and expense without prejudice to any rights which PavCo may have under this Agreement, at law or in equity, or otherwise. In urgent circumstances, XxxXx may take immediate steps to mitigate the consequences of any defect or to repair or replace defective Goods or Work, all at Supplier's risk and expense, and PavCo shall provide Supplier with written notice thereof as soon as practicable under the circumstances. 11.4 The obligations of Supplier in Section 12.0 are in addition to and Demised Premises except Tenant shall not be deemed obligated to affect make any structural alterations with respect to the Existing Premises (as distinguished from the Addition) unless caused by the acts of Tenant, its agents, employees or diminish contractors. Excepting landlord's obligation for structural repairs and damage by fire, the warranties elements, other casualty, unsafe condition or condition caused by the acts of landlord, its agents, employees or contractors, Tenant shall make all other repairs, renovations and alterations of any kind or nature whatsoever throughout the term of this Lease and all option periods thereof. (A) Notwithstanding anything to the contrary contained in this Lease, Landlord shall, at its expense, during the Lease Term keep in good order, condition and repair the foundation and exterior walls of the Existing Premises (excluding the Additions) and all water, sewer and utility lines outside the Demised Premises, with the following exceptions, which Tenant shall be responsible for: (i) Repairs occasioned by a harmful act, negligence or omissions of Tenant or any of Tenant's employees, agents or invitees, and (ii) Repairs occasioned by any of Tenant's Work on or construction of the new Addition. In the event a structural repair is required on the Addition and Tenant shall not repair same within thirty (30) days after receipt of notice from Landlord, then Landlord may proceed with the required repair on behalf of Tenant, in which event Tenant shall reimburse Landlord for all sums paid to effect such repair as if it were additional rent. (B) Tenant shall, during the term of the Lease make all repairs, structural and otherwise (except for repairs required to be performed by Landlord pursuant to Section A hereinabove) to: (i) The Addition; (ii) The originally Demised Premises on those occasions as set forth in Sections 10.0 Section A(i) and 11.0(ii); and (iii) All roof areas of the Demised Premises. (C) Landlord shall maintain and repair the common areas of the Shopping Center in a manner consistent with a first class Shopping Center.

Repairs and Replacements. 11.1 Supplier will (a) Throughout the term of this Lease, Tenant shall, at its own expense either repair orsole cost and expense, at PavCo's optionmaintain the Premises in a good state of repair, replace any part or parts of any including all plumbing, electrical, air conditioning, fire alarm, fire sprinkler, burglar alarm, fire sprinkler, and irrigation systems, and all structural portions of the Goods or the Work in which defects or deficiencies in workmanship, materials, design or operation are discovered at any time within a period of one year (1) year (the "Warranty Period") commencing from the date of final inspection and acceptance by PavCo, even though such defects or deficiencies are such that inspection by PavCo ought to have disclosed or did disclose such defects or deficiencies, and at PavCo's option, Supplier Improvements. Tenant shall repair or bear replace such items as shall be reasonably required from time to time during the cost term of repairing any damage (whether this Lease to maintain at all times the Premises, including all additions thereto constructed by or on behalf of Tenant, in working order. Except to the Goods or the Work or any other property of any person) extent caused by any such defects the gross negligence or deficiencies. The Warranty Period willful misconduct of Landlord, its members, employees or agents, there shall be extended by the time during which any no abatement of the Goods or the Work were out of service Rent and no liability to Tenant by reason of defects any injury to or deficiencies which Supplier is required to repair interference with Tenant's business arising from the making of any repairs, alteraxxxxx, replacements or replace and shall apply improvements in or to any repairs portion of the Premises, or replacementsin or to the fixtures, appurtenances and equipment thereof, regardless of the cause for the need of any such repair, alteration, replacement or improvement. 11.2 Repairs (b) Throughout the Lease Term, Tenant shall be done at PavCo's convenience andits sole costs, at PavCo's optionalso maintain in good order, on PavCo's premises unless condition and repair all nonstructural portions of the repairs are Premises, including, without limitation, the exterior and interior portions of such all doors and door hardware, all windows and window hardware, all fixtures, electrical equipment, interior walls, floors, floor coverings and ceilings and all other property furnished by Landlord to Tenant and comprising a nature as portion of the Premises. Tenant shall, upon the expiration or earlier termination of the Lease Term, quietly and peaceably surrender the Premises to require repair facilities that are not or cannot be made available on PavCo's premises. Repairs shall be done as expeditiously as possible. All expenses attendant upon such repair or replacements, including any freight, taxes, duties or brokerage fees shall be for Supplier's accountLandlord in working condition. 11.3 Notwithstanding (c) By entering into this Lease, Tenant acknowledges it has accepted the foregoingPremises in "as is" coxxxxxxn and as being in working condition, PavCo may proceed to repair without relying on any representations, covenants or replace same or to have same repaired or replaced at Supplier's risk and expense without prejudice to any rights which PavCo may have under this Agreement, at law or in equity, or otherwise. In urgent circumstances, XxxXx may take immediate steps to mitigate the consequences warranties of any defect or to repair or replace defective Goods or Work, all at Supplier's risk and expense, and PavCo shall provide Supplier with written notice thereof as soon as practicable under the circumstancesLandlord. 11.4 The obligations of Supplier in Section 12.0 are in addition to and shall not be deemed to affect or diminish the warranties set forth in Sections 10.0 and 11.0.