Common use of Repairs and Replacements Clause in Contracts

Repairs and Replacements. Landlord, at Landlord's expense, shall maintain and keep in good condition the Premises and Building, including the foundation, exterior walls, roof, roof membrane and roof covering of the Building, sprinkler system in or serving the 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 event Tenant, subject to the provisions of Section 19.2 hereof, will bear the cost of 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 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 materials used in the 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 tenant's access to or use and occupancy of its premises within the Building. Landlord shall reimburse Tenant for the reasonable costs of said repairs within thirty (30) days of Landlord's receipt of an invoice for same. For the purposes of this Article 12, an "emergency" necessitating such repairs shall not be deemed to exist unless Tenant reasonably determines that there is an imminent threat of harm to any person or an imminent threat of material damage to Tenant's property located in the Premises.

Repairs and Replacements. 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 Landlordits expense. Tenant shall comply with all rules, regulations and requirements of any Federal, State, County or Municipal authority, or the Board of Fire Underwriters or like organization, applicable to the Demised Premises except Tenant shall not be obligated to 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 contractors. Excepting landlord's obligation for structural repairs and damage by fire, the 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, shall maintain and during the Lease Term keep in good order, condition and repair the Premises foundation and Building, including the foundation, exterior walls, roof, roof membrane and roof covering walls of the BuildingExisting Premises (excluding the Additions) and all water, sprinkler system in or serving the Premises and/or the Building, the HVAC system, sewer and plumbing, electric and other utility lines servicing outside the Building or connecting Demised Premises, with the Premises and the Buildingfollowing exceptions, except for damage to the Premises or Building which Tenant shall be responsible for: (including the parts thereof specified abovei) caused Repairs occasioned by acts a harmful act, negligence or omissions of Tenant, Tenant or any of Tenant's agents, employees, contractors, guests agents or invitees, in which event Tenant, subject to the provisions and (ii) Repairs occasioned by any of Section 19.2 hereof, will bear the cost of such maintenance or repair. Tenant, at Tenant's expense, shall at all times keep Work on or construction of 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 or destruction and condemnation proceedings otherwise provided for in this Leasenew Addition. In the event emergency repairs are a structural repair is required within on the Premises Addition 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 shall not 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 materials used in the 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 tenant's access to or use and occupancy of its premises within the Building. Landlord shall reimburse Tenant for the reasonable costs of said repairs same within thirty (30) days of Landlord's after receipt of an invoice notice from Landlord, then Landlord may proceed with the required repair on behalf of Tenant, in which event Tenant shall reimburse Landlord for same. For all sums paid to effect such repair as if it were additional rent. (B) Tenant shall, during the purposes term of this Article 12the Lease make all repairs, an "emergency" necessitating such structural and otherwise (except for repairs shall not required to be deemed performed by Landlord pursuant to exist unless Tenant reasonably determines that there is an imminent threat Section A hereinabove) to: (i) The Addition; (ii) The originally Demised Premises on those occasions as set forth in Section A(i) and (ii); and (iii) All roof areas of harm to any person or an imminent threat of material damage to Tenant's property located in 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. LandlordThe Tenant shall at its own cost repair, at Landlord's expensereplace, shall maintain and keep in good condition the Leased Premises and Buildingevery part thereof, including without limitation the foundationLeasehold Improvements and the heating, exterior walls, roof, roof membrane ventilating and roof covering of air conditioning equipment serving the Building, sprinkler system fixtures and furnishings (whether or not installed or furnished by the Tenant), in good and substantial repair and condition as a prudent owner would do, reasonable 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 serving omission of the Premises and/or Tenant or anyone for whom it is in law responsible). For clarity, it is acknowledged that the BuildingTenant shall be responsible for maintenance of the Structure, but not for repairs or replacements to the HVAC system, and plumbing, electric and other utility lines servicing the Building or connecting the Premises and the Buildingstructure, except for damage to the Premises extent necessary as a result of any act or Building (including omission of the parts thereof specified above) caused by acts or omissions of Tenant, Tenant's its employees, agents, employees, contractors, guests suppliers or invitees, in which event Tenantincluding, subject without limitation, failure to properly maintain the Structure. The Landlord shall be responsible for Structural repairs and replacements (except the extent previously set forth) and the Tenant shall pay to the provisions of Section 19.2 hereofLandlord, will bear upon demand, the cost of such maintenance repairs and replacements made by the Landlord, provided that for repairs and replacements to the 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 repairreplacement 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. TenantBy way of example, at Tenant's expensein the event of a capital repair costing $20,000 with a useful life of 10 years, shall at all times keep the Premises in a cleanTenant would be required to pay $2,000 (plus interest) each year as its contribution, safe until the expiration of the Lease as may be extended or renewed, or until the full amortization and tenantable 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 in first class order, repair and appearance and Landlord shall have that 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 repair in accordance with notice in writing from the cost thereof forthwith upon being billed by Landlord. This Section shall not apply ; provided that if the Tenant neglects to damage so maintain 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 materials used in the 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 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 shall 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 right to assume the performance cost of such repairs at and/or replacements; provided further that the doing of such maintenance or the making of any time. Any such repairs undertaken or replacements by the Landlord shall not relieve the Tenant from its obligation to maintain, repair and replace. The Tenant shall be performed in a manner so as not to interfere provide the Landlord with notice of all accidents, or any other tenant's access to or use and occupancy of its premises within the Building. Landlord shall reimburse Tenant for the reasonable costs of said repairs within thirty (30) days of Landlord's receipt of an invoice for same. For the purposes of this Article 12, an "emergency" necessitating such repairs shall not be deemed to exist unless Tenant reasonably determines that there is an imminent threat of harm to any person or an imminent threat of material damage or defect to Tenant's property located in the PremisesLeased Premises or on the Project of which the Tenant is aware.

Repairs and Replacements. LandlordTo make, at its sole cost and expense, all repairs and replacements to the Building (except repairs and replacements for which Landlord is expressly obligated under Article III, Paragraph B) and the Leased Premises, and the fixture, appurtenances and equipment therein, as and when needed to preserve them in good working order and condition. Notwithstanding Landlord's obligations under Article III Paragraph B any damage or injury to the Leased premises and to its fixtures, appurtenances and equipment caused by Tenant's negligence or the negligence of Tenant's employees, agents contractors, guests or invitees, or moving property in or out of the Building by installation or removal of furniture, fixtures or other property, shall be repaired or replaced promptly by Tenant at its sole cost and expense, which repairs and replacements shall maintain be in quality and keep in good condition class equal to the Premises original work or installations. Without limiting the generality of the foregoing, Tenant shall, at its sole cost and Buildingexpense, including the foundationrepair and/or replace all damaged windows, exterior glass and plate glass, doors, any specific office or warehouse front, interior walls, roofany finish conditioning equipment and systems in and for the Leased Premises, roof membrane water, sanitary sewer, electricity and roof covering gas lines to the point of connection to the Building, sprinkler system in or serving the Leased 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 (provided that any damage to the mains, laterals or trunk lines from the point of connection to the Leased Premises or Building (including the parts thereof specified above) caused by acts the Tenant or omissions of Tenantits employees, Tenant's agents, employees, contractors, guests or invitees, in which event shall be Tenant's responsibility), subject plumbing and electrical work and fixtures, and shall suffer and permit no waste; provided however, that Tenant shall not be obligated to the repair any damage caused by fire, tornado, or other casualty covered by fire and extended coverage provisions of Section 19.2 hereof, will bear the cost of such maintenance or repair. Tenant, at TenantLandlord's expense, shall at all times keep the Premises in a clean, safe fire 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 workextended coverage insurance policy. If Tenant does not do so fails to perform Tenant's obligations under this Article IV, Paragraph C, Landlord may may, at Landlord's option, enter upon the Leased Premises after ten (but need not10) restore the Premises days prior written notice to a clean, safe and tenantable conditionTenant, and Tenant shall pay cause all necessary repairs and/or replacements to be made, and the cost thereof forthwith upon being billed by Landlord. This Section shall not apply to damage 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 due and workmanlike manner using materials of a quality comparable payable to the materials used in the construction of the Premises and the Building generally. During the performance of such repairs Landlord within ten (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 tenant's access to or use and occupancy of its premises within the Building. Landlord shall reimburse Tenant for the reasonable costs of said repairs within thirty (3010) days after receipt of Landlord's receipt of an invoice for same. For the purposes of this Article 12, an "emergency" necessitating such repairs shall not be deemed to exist unless Tenant reasonably determines that there is an imminent threat of harm to any person or an imminent threat of material damage to Tenant's property located in the Premisesstatement therefor.

Repairs and Replacements. Landlord, at Landlord's expense, shall maintain and keep in good condition the Premises and Building, including the foundation, exterior walls, roof, roof membrane and roof covering of the Building, sprinkler system in or serving the Premises and/or the BuildingPremises, the HVAC system, Storage Area and plumbing, electric and other utility lines servicing the Building or connecting the Premises and the Building, except for damage to the Premises Premises, the Storage Area or the Building (including the parts thereof specified above) caused by acts or omissions of Tenant, Tenant's agents, employees, contractors, guests or invitees, in which event Tenant, subject to the provisions of Section 19.2 hereof, will bear the cost of 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 first class 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 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 materials used in the 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 tenant's access to or use and occupancy of its premises within the Building. Landlord shall reimburse Tenant for the reasonable costs of said repairs within thirty (30) days of Landlord's receipt of an invoice for same. For the purposes purpose of this Article 12, an "emergency" necessitating such repairs shall not be deemed to exist unless Tenant reasonably determines that there is an imminent threat of harm to any person or an imminent threat of material damage to Tenant's property located in the Premises.

Repairs and Replacements. Landlord, at Landlord's expense, A. The LESSOR shall maintain and keep in good condition the Premises and Building, including the foundationroof, exterior walls, roof, roof membrane air conditioning and roof covering heating equipment and fire sprinkler systems of the Buildingbuilding of which the Leased Premises are a part in good repair and tenantable condition during the continuance of the Lease, sprinkler system except in case of damage arising from the act or serving the Premises and/or negligence of the BuildingLESSEE, its agents or employees. For the purpose of so maintaining the Leased Premises, the HVAC systemLESSOR reserves the right at reasonable times to enter and inspect the Leased Premises and to make any necessary repairs to the building, including temporary cessation of services, including elevator, heating, water, electricity or air conditioning. LESSEE shall be responsible for the cost of 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 plumbingthresholds at all times in good repair, electric order and other utility lines servicing the Building or connecting the Premises and the Buildingcondition, 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 to the Premises Lea~ed Premises, its systems and equipment or Building (including the parts thereof specified above) building of which it is a part caused by acts or omissions of Tenantthe LESSEE, Tenant's agents, employees, contractors, guests its agents or invitees. C. If damage, in which event TenantLESSEE is required to repair, subject is caused by perils not covered by insurance, and LESSEE shall fail to commence repairing the provisions of Section 19.2 hereofdamage and complete same within a reasonable time, will bear the cost of such maintenance or repair. Tenant, at Tenant's expense, if LESSEE shall at all times fail to keep the Leased Premises in a cleangood state of maintenance and repair, safe and tenantable condition and in first class order, repair and appearance and Landlord LESSOR shall have the right right, but not the obligation, 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 conditionrepair and/or maintain, and Tenant shall pay the cost thereof forthwith upon being billed any amounts so expended by Landlord. This Section shall not apply to damage 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 LESSOR shall be performed 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 a good and workmanlike manner using materials of a quality comparable or to the materials used building in which the construction Leased Premises are located, or any part thereof including the Leased Premises, and during operations, may close entrances, doors, corridors, elevators or other facilities, all without any liability to LESSEE by reason of the Premises and the Building generallyinterference, inconvenience or annoyance. 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 tenant's access to or use and occupancy of its premises within the Building. Landlord shall reimburse Tenant for the reasonable costs of said repairs within thirty (30) days of Landlord's receipt of an invoice for same. For the purposes of this Article 12, an "emergency" necessitating such repairs LESSOR shall not be deemed liable to exist unless Tenant reasonably determines that there is an imminent threat of harm to LESSEE for any person expense, injury, loss or an imminent threat of material damage to Tenant's property located resulting from work done in or upon, or the 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 event repairs, alteration, decorating or other work in the PremisesLeased Premises at LESSEE's request are not made during ordinary business hours.

Repairs and Replacements. Landlord11.1 Supplier will at its own expense either repair or, at LandlordPavCo's expenseoption, shall maintain and keep in good condition the Premises and Building, including the foundation, exterior walls, roof, roof membrane and roof covering replace any part or parts of any of the BuildingGoods or the Work in which defects or deficiencies in workmanship, sprinkler system in materials, design or serving operation are discovered at any time within a period of one year (1) year (the Premises and/or "Warranty Period") commencing from the Buildingdate of final inspection and acceptance by PavCo, the HVAC systemeven though such defects or deficiencies are such that inspection by PavCo ought to have disclosed or did disclose such defects or deficiencies, and plumbingat PavCo's option, electric and other utility lines servicing the Building Supplier shall repair 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 event Tenant, subject to the provisions of Section 19.2 hereof, will 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 maintenance defects or repairdeficiencies. TenantThe 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 TenantPavCo'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, ▇▇▇▇▇ 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 at all times keep provide Supplier with written notice thereof as soon as practicable under the Premises circumstances. 11.4 The obligations of Supplier in a clean, safe Section 12.0 are in addition to 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 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 materials used in the 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 tenant's access to or use and occupancy of its premises within the Building. Landlord shall reimburse Tenant for the reasonable costs of said repairs within thirty (30) days of Landlord's receipt of an invoice for same. For the purposes of this Article 12, an "emergency" necessitating such repairs shall not be deemed to exist unless Tenant reasonably determines that there is an imminent threat of harm to any person affect or an imminent threat of material damage to Tenant's property located diminish the warranties set forth in the PremisesSections 10.0 and 11.0.

Repairs and Replacements. Landlord, at Landlord's expense, shall maintain and keep in good condition the Premises Premises, the Storage Area, and Building, Building including the foundation, exterior walls, roof, roof membrane and roof covering of the Building, sprinkler system systems in or serving the Premises and/or the Building, the HVAC system, and plumbing, electric and other utility lines servicing the Building or connecting the Premises Premises, the Storage Area, and the Building, except for damage to the Premises or 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 event Tenant, subject to the provisions of Section 19.2 hereof, will bear the cost of 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 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 materials used in the 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 tenant's access to or use and occupancy of its premises within the Building. Landlord shall reimburse Tenant for the reasonable costs of said repairs within thirty (30) days of Landlord's receipt of an invoice for same. For the purposes of this Article 12, an "emergency" necessitating such repairs shall not be deemed to exist unless Tenant reasonably determines that there is an imminent threat of harm to any person or an imminent threat of material damage to Tenant's property located in the Premises.

Repairs and Replacements. LandlordNotwithstanding the provisions of Article A of this Section herein above, at Landlord's expense, Lessor shall repair and maintain and keep in good condition the Premises and structural portions of the Building, including the foundation, exterior walls, walls and structural portions of the roof, roof membrane unless such maintenance and roof covering repairs are caused in part or in whole by the act, neglect, fault or omission of or by the BuildingLessee, sprinkler system in or serving the Premises and/or the Buildingits agents, 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 agentsservants, employees, contractors, guests or invitees, in which event Tenant, subject to the provisions of Section 19.2 hereof, will bear the cost of 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 Lessor shall not apply to damage or destruction and condemnation proceedings otherwise provided be liable 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 materials used in the 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 any failure to make such repairs on Landlord's behalf and Landlord or to perform any maintenance unless such failure 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 tenant's access to or use and occupancy of its premises within the Building. Landlord shall reimburse Tenant persist for the reasonable costs of said repairs within thirty (30) days after written notice of Landlord's receipt the need of an invoice for same. For the purposes of this Article 12, an "emergency" necessitating such repairs or maintenance is given to Lessor by Lessee. There shall not be deemed no abatement of rent and no liability of Lessor by reason of any injury to exist unless Tenant reasonably determines that there is an imminent threat or interference with Lessee's business arising from the making of harm any repairs, alterations or improvements in or to any person portion of the Building or an imminent threat 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 ordinance 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 material damage to Tenantwater 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 property located 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.) 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 substantially of the Premisessame quality and class as the original work and in accordance with all laws, directions, rules and regulations of regulatory bodies or officials having jurisdiction thereof.

Repairs and Replacements. LandlordA. Tenant represents and covenants, at Landlord's its own cost and expense, shall maintain to make any and all changes, alterations, repairs or replacements, ordinary or extraordinary, structural or otherwise, foreseen or unforeseen, necessary to keep in good reasonable physical condition the buildings and improvements on the Demised Premises now standing and Buildinghereafter erected, including the foundationinside and outside, exterior 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, roof membrane if necessary. Tenant will also be responsible to maintain and/or repair the water and roof covering of the Building, sprinkler system in or serving the 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 sewer connections 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 event Tenant, subject to the provisions of Section 19.2 hereof, will bear the cost of such maintenance or repair. Demised Premises. B. The Tenant, at Tenant's expenseits sole cost, 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 renovate the means premises as it sees fit, providing, however, and methods employed on condition that all work is done in performance 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 Tenant's option, to remit to the Landlord the reasonable cost 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 or destruction and condemnation proceedings otherwise provided for in this Leaserestoration. In the event emergency repairs are required within that Tenant causes the Premises and Tenant is unable Certificate of Occupancy set forth in Article 13 to contact Landlord after diligent and persistent efforts so to do and Landlord is otherwise unaware of such emergencybe amended, Tenant may perform Landlord's repair obligations within 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 by the Premises as set forth hereinzoning resolution then in effect) 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. Such repairs If such restoration shall not be performed in a good and workmanlike manner using materials of a quality comparable to the materials used in the construction of the Premises and the Building generally. During the performance of permitted by law at such repairs (and thereafter, until Tenant is able to contact Landlord)time, Tenant shall endeavor reimburse Landlord for any losses occasioned 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 as a result of such repairs at any time. alterations. C. Any such repairs undertaken by Tenant structural changes to the Demised Premises that shall be performed in required as a manner so as not result of generally applicable changes to interfere with governmental regulations of any other tenant's access to or use and occupancy of its premises within governmental body having jurisdiction thereover shall be the Building. Landlord shall reimburse Tenant for the reasonable costs of said repairs within thirty (30) days responsibility of Landlord's receipt of an invoice for same. For the purposes of this Article 12, an "emergency" necessitating such repairs shall not be deemed to exist unless Tenant If Landlord reasonably determines that there is an imminent threat the cost of harm such changes does not warrant making such changes, Landlord may terminate this Lease upon sixty (60) days prior written notice to any person or an imminent threat Tenant without penalty and the otherwise applicable provisions of material damage to Tenant's property located in this Lease regarding terminations shall be applied as if the PremisesLease had otherwise terminated on such date.

Repairs and Replacements. Landlord(a) Throughout the term of this Lease, Tenant shall, at Landlord's its sole cost and expense, shall maintain and keep in good condition the Premises and Building, including the foundation, exterior walls, roof, roof membrane and roof covering of the Building, sprinkler system in or serving the 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 event Tenant, subject to the provisions of Section 19.2 hereof, will bear the cost of such maintenance or repair. Tenant, at Tenant's expense, shall at all times keep the Premises in a cleangood state of repair, safe including all plumbing, electrical, air conditioning, fire alarm, fire sprinkler, burglar alarm, fire sprinkler, and tenantable irrigation systems, and all structural portions of the Improvements. Tenant shall repair or replace such items as shall be reasonably required from time to time during the term of 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 extent caused by the gross negligence or willful misconduct of Landlord, its members, employees or agents, there shall be no abatement of Rent and no liability to Tenant by reason of any injury to or interference with Tenant's business arising from the making of any repairs, altera▇▇▇▇▇, replacements or improvements in or to any portion of the Premises, or in or to the fixtures, appurtenances and equipment thereof, regardless of the cause for the need of any such repair, alteration, replacement or improvement. (b) Throughout the Lease Term, Tenant shall at its sole costs, also maintain in good order, condition and in first class orderrepair all nonstructural portions of the Premises, repair including, without limitation, the exterior and appearance interior portions of 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 shall have to Tenant and comprising a portion of the right to approve Premises. Tenant shall, upon the means expiration or earlier termination of the Lease Term, quietly and methods employed in performance of such work. If Tenant does not do so Landlord may (but need not) restore peaceably surrender the Premises to a cleanLandlord in working condition. (c) By entering into this Lease, safe Tenant acknowledges it has accepted the Premises in "as is" co▇▇▇▇▇▇n and tenantable as being in working condition, and Tenant shall pay the cost thereof forthwith upon being billed by Landlord. This Section shall not apply to damage without relying on any representations, covenants 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 materials used in the 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 tenant's access to or use and occupancy of its premises within the Building. Landlord shall reimburse Tenant for the reasonable costs of said repairs within thirty (30) days warranties of Landlord's receipt of an invoice for same. For the purposes of this Article 12, an "emergency" necessitating such repairs shall not be deemed to exist unless Tenant reasonably determines that there is an imminent threat of harm to any person or an imminent threat of material damage to Tenant's property located in the Premises.