Common use of Repairs and Replacements Clause in Contracts

Repairs and Replacements. To 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 be in quality and class equal to the original work or installations. Without limiting the generality of the foregoing, Tenant shall, at its sole cost and expense, repair and/or replace all damaged windows, glass and plate glass, doors, any specific office or warehouse front, interior walls, any finish conditioning equipment and systems in and for the Leased Premises, water, sanitary sewer, electricity and gas lines to the point of connection to the Leased Premises (provided that any damage to the mains, laterals or trunk lines from the point of connection to the Leased Premises caused by the Tenant or its employees, agents, contractors, guests or invitees, shall be Tenant's responsibility), plumbing and electrical work and fixtures, and shall suffer and permit no waste; provided however, that Tenant shall not be obligated to repair any damage caused by fire, tornado, or other casualty covered by fire and extended coverage provisions of Landlord's fire and extended coverage insurance policy. If Tenant fails to perform Tenant's obligations under this Article IV, Paragraph C, Landlord may, at Landlord's option, enter upon the Leased Premises after ten (10) days prior written notice to Tenant, and cause all necessary repairs and/or replacements to be made, and the cost thereof shall be due and payable to Landlord within ten (10) days after receipt of Landlord's statement therefor.

Repairs and Replacements. To makeLandlord, at its sole cost and Landlord's expense, all repairs shall maintain and replacements to keep in good condition the Premises, the Storage Area, and Building including the foundation, exterior walls, roof, roof membrane and roof covering of the Building, sprinkler systems in or serving the Premises and/or the Building, HVAC system, and plumbing, electric and other utility lines servicing the Building (except repairs and replacements for which Landlord is expressly obligated under Article IIIor connecting the Premises, Paragraph B) and the Leased PremisesStorage Area, and the fixtureBuilding, 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 be in quality and class equal to the original work or installations. Without limiting the generality of the foregoing, Tenant shall, at its sole cost and expense, repair and/or replace all damaged windows, glass and plate glass, doors, any specific office or warehouse front, interior walls, any finish conditioning equipment and systems in and except for the Leased Premises, water, sanitary sewer, electricity and gas lines to the point of connection to the Leased Premises (provided that any damage to the mainsPremises, laterals or trunk lines from the point of connection to Storage Area, and Building (including the Leased Premises parts thereof specified above) caused by the Tenant acts or its omissions of Tenant, Tenant's agents, employees, agents, contractors, guests or invitees, shall be 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 responsibility)expense, plumbing shall at all times keep the Premises and electrical work the Storage Area in a clean, safe and fixturestenantable condition and in first class order, repair and appearance and Landlord shall suffer have the right to approve the means and permit no waste; provided however, that Tenant shall not be obligated to repair any damage caused by fire, tornado, or other casualty covered by fire and extended coverage provisions methods employed in performance of Landlord's fire and extended coverage insurance policysuch work. If Tenant fails 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 perform Tenant's obligations under this Article IVa clean, Paragraph C, Landlord may, at Landlord's option, enter upon the Leased Premises after ten (10) days prior written notice to Tenantsafe and tenantable condition, and cause all necessary repairs and/or replacements to be made, 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 due performed in a good and payable 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 within ten (10) days after receipt of that Tenant has undertaken to make such repairs on Landlord's statement therefor.behalf and Landlord

Repairs and Replacements. To makeLandlord, at its sole cost and Landlord's expense, all repairs shall maintain and replacements to 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 (except repairs and replacements for which Landlord is expressly obligated under Article III, Paragraph B) or connecting the Premises and the Leased PremisesBuilding, 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 be in quality and class equal to the original work or installations. Without limiting the generality of the foregoing, Tenant shall, at its sole cost and expense, repair and/or replace all damaged windows, glass and plate glass, doors, any specific office or warehouse front, interior walls, any finish conditioning equipment and systems in and except for the Leased Premises, water, sanitary sewer, electricity and gas lines to the point of connection to the Leased Premises (provided that any damage to the mains, laterals Premises or trunk lines from Building (including the point of connection to the Leased Premises parts thereof specified above) caused by the Tenant acts or its omissions of Tenant, Tenant's agents, employees, agents, 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 Tenant's responsibilityperformed 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), plumbing and electrical work and fixtures, and Tenant shall suffer and permit no waste; provided however, 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 obligated deemed to repair exist unless Tenant reasonably determines that there is an imminent threat of harm to any person or an imminent threat of material damage caused by fire, tornado, or other casualty covered by fire and extended coverage provisions of Landlord's fire and extended coverage insurance policy. If Tenant fails to perform Tenant's obligations under this Article IV, Paragraph C, Landlord may, at Landlord's option, enter upon property located in the Leased Premises after ten (10) days prior written notice to Tenant, and cause all necessary repairs and/or replacements to be made, and the cost thereof shall be due and payable to Landlord within ten (10) days after receipt of Landlord's statement thereforPremises.

Repairs and Replacements. To make, The Tenant shall at its sole own cost repair, replace, maintain and expensekeep the Leased Premises and every part thereof, all 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 and condition as a prudent owner would do, reasonable wear and tear and 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 be in quality and class equal to the original work or installations. Without limiting the generality of the foregoing, Tenant shall, at its sole cost and expense, repair and/or replace all damaged windows, glass and plate glass, doors, any specific office or warehouse front, interior walls, any finish conditioning equipment and systems in and for the Leased Premises, water, sanitary sewer, electricity and gas lines to the point of connection to the Leased Premises Structure only excepted (provided that any there shall be no exception for damage to the mains, laterals or trunk lines from the point of connection to the Leased Premises caused by the negligent act or omission of the Tenant or anyone for whom it is in law responsible). For clarity, it is acknowledged that the Tenant shall be responsible for maintenance of the Structure, but not for repairs or replacements to the structure, except to the extent necessary as a result of any act or omission of the Tenant, its employees, agents, contractors, guests suppliers or invitees, including, without limitation, failure to properly maintain the Structure. The Landlord shall be Tenant's responsibilityresponsible for Structural repairs and replacements (except the extent previously set forth) and the Tenant shall pay to the Landlord, upon demand, the cost of such 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), plumbing over the useful life of the relevant repair or replacement on a straight-line basis and electrical work the Tenant shall only be required to pay the portion of such cost as is amortized over the remainder of the Term (and fixturesany 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 suffer and permit no wasterepair in accordance with notice in writing from the Landlord; provided howeverthat if the Tenant neglects to so maintain or to make such repairs or replacements promptly after notice, that Tenant shall not be obligated to repair any damage caused by fire, tornado, or other casualty covered by fire and extended coverage provisions of Landlord's fire and extended coverage insurance policy. If Tenant fails to perform Tenant's obligations under this Article IV, Paragraph C, the Landlord may, at Landlord's its option, enter upon 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 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 material damage or defect to the Leased Premises after ten (10) days prior written notice to Tenant, and cause all necessary repairs and/or replacements to be made, and or on the cost thereof shall be due and payable to Landlord within ten (10) days after receipt Project of Landlord's statement thereforwhich the Tenant is aware.

Repairs and Replacements. To makeA. The LESSOR shall maintain the roof, exterior walls, air conditioning and heating equipment and fire sprinkler systems of the 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 negligence of the LESSEE, its agents or employees. For the purpose of so maintaining the Leased Premises, the LESSOR 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 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 to the Lea~ed Premises, its systems and equipment or the 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 its sole cost and expenseLESSOR's own expenses, all repairs and replacements make repairs, alterations or improvements in or to the Building (except repairs and replacements for building in which Landlord is expressly obligated under Article IIIthe Leased Premises are located, Paragraph B) and or any part thereof including the Leased Premises, and the fixtureduring operations, 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 be in quality and class equal to the original work or installations. Without limiting the generality of the foregoing, Tenant shall, at its sole cost and expense, repair and/or replace all damaged windows, glass and plate glassmay close entrances, doors, corridors, elevators or other facilities, all without any specific office liability to LESSEE by reason of interference, inconvenience or warehouse frontannoyance. LESSOR shall not be liable to LESSEE for any expense, interior wallsinjury, loss or damage resulting from work done in or upon, or the use of, any finish conditioning equipment and systems in adjacent premises or nearby building, land, street or alley. LESSEE shall pay LESSOR for overtime and for the Leased Premisesany other expenses incurred in event repairs, wateralteration, sanitary sewer, electricity and gas lines to the point of connection to decorating or other work in the Leased Premises (provided that any damage to the mains, laterals or trunk lines from the point of connection to the Leased Premises caused by the Tenant or its employees, agents, contractors, guests or invitees, shall be Tenantat LESSEE's responsibility), plumbing and electrical work and fixtures, and shall suffer and permit no waste; provided however, that Tenant shall request are not be obligated to repair any damage caused by fire, tornado, or other casualty covered by fire and extended coverage provisions of Landlord's fire and extended coverage insurance policy. If Tenant fails to perform Tenant's obligations under this Article IV, Paragraph C, Landlord may, at Landlord's option, enter upon the Leased Premises after ten (10) days prior written notice to Tenant, and cause all necessary repairs and/or replacements to be made, and the cost thereof shall be due and payable to Landlord within ten (10) days after receipt of Landlord's statement thereformade during ordinary business hours.

Repairs and Replacements. To makeLandlord, at its sole cost and Landlord's expense, all repairs shall maintain and replacements to keep in good condition the Building (except repairs and replacements for which Landlord is expressly obligated under Article III, Paragraph B) and the Leased Premises, the Storage Area and the fixtureBuilding, 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 be in quality and class equal to the original work or installations. Without limiting the generality of the foregoing, Tenant shall, at its sole cost and expense, repair and/or replace all damaged windows, glass and plate glass, doors, any specific office or warehouse front, interior walls, any finish conditioning equipment and systems in and except for the Leased Premises, water, sanitary sewer, electricity and gas lines to the point of connection to the Leased Premises (provided that any damage to the mainsPremises, laterals the Storage Area or trunk lines from the point of connection to the Leased Premises Building caused by the Tenant acts or its omissions of Tenant, Tenant's agents, employees, agents, 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 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 Tenant's responsibilityperformed 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), plumbing and electrical work and fixtures, and Tenant shall suffer and permit no waste; provided however, 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 purpose of this Article 12, an "emergency" necessitating such repairs shall not be obligated deemed to repair exist unless Tenant reasonably determines that there is an imminent threat of harm to any person or an imminent threat of material damage caused by fire, tornado, or other casualty covered by fire and extended coverage provisions of Landlord's fire and extended coverage insurance policy. If Tenant fails to perform Tenant's obligations under this Article IV, Paragraph C, Landlord may, at Landlord's option, enter upon property located in the Leased Premises after ten (10) days prior written notice to Tenant, and cause all necessary repairs and/or replacements to be made, and the cost thereof shall be due and payable to Landlord within ten (10) days after receipt of Landlord's statement thereforPremises.