Common use of Repairs by Tenant Clause in Contracts

Repairs by Tenant. Except as expressly set forth in Section 8.01 and except for customary cleanings as provided in Section 6.03 and damages covered by Article 19, Tenant, at its expense, shall keep the Premises good and sanitary condition, working order and repair, including, without limitation, (a) any Alterations, (b) the internal air distribution system located in and exclusively serving the Premises to the point at which same connects to the main distribution duct for the Premises (except for the perimeter induction units serving the Premises, even if located in the Premises), (c) the internal electrical system located in and around Tenant’s electrical closet and exclusively servicing the Premises, (d) all plumbing fixtures and lines in and serving the Premises exclusively to the point at which same join the main vertical risers for the Building, (e) the life safety and emergency power systems exclusively servicing the Premises to the point at which same join the main vertical risers for the Building, (f) Tenant’s Property, and (g) the Terrace pursuant to Section 28; provided, however, that Tenant shall only be responsible for exterior (other than the Terrace) or structural repairs if the need for same arises out of (i) the making, installation, use, operation or existence of Alterations by or on behalf of Tenant, (ii) the moving of Tenant’s Property in or out of the Building or the Premises, (iii) the negligence of Tenant or any other occupant of the Premises or any of Tenant’s employees, contractors, agents, licensees or invitees or their manner of use or occupancy of the Premises, subject, however, in the case of fire or other insured casualty, to the waiver set forth in Section 16.04, or (iv) Tenant’s compliance or non-compliance with Legal Requirements in accordance with Section 9.01. Any repairs to the Building, or Building Systems (including those elements of the Building Systems described in clauses (a) through (e) above) shall be performed by Landlord at Tenant’s expense, unless Landlord elects by notice to Tenant to have Tenant perform such repairs. If Landlord performs any such repair to the Building for which Tenant is responsible, (i) Landlord shall perform the same promptly and shall use reasonable efforts to do so in a manner so as to minimize interference with the ability of the occupants of the Premises to conduct in the Premises the business typically conducted therein, and (ii) the cost to Tenant therefore shall be limited to Landlord’s actual out-of-pocket costs, reasonably incurred, (which, for the purposes hereof, may include charges allocable to work performed by Building employees). Tenant, at Tenant’s expense, shall have the right to monitor the progress of such repair taken by Landlord. Tenant shall promptly notify Landlord of Tenant’s knowledge of the need for structural repairs, repairs to the exterior (including exterior glass) of the Building, and/or repairs to any Building Systems which are the responsibility of Tenant. In no event shall Tenant be required to make, be responsible for, or pay for any repairs which are required as a result of the negligent act or negligent omission or willful misconduct of Landlord or Landlord’s agents, employees or contractors.

Repairs by Tenant. Except as expressly set forth in Section 8.01 for the maintenance, repair and except for customary cleanings as provided in Section 6.03 replacement to be performed by Landlord pursuant to Sections 6.01 and damages covered by Article 1912.02, TenantTenant at its expense shall take good care of the Premises and the fixtures therein, and Landlord, at its Tenant's sole cost and expense, except to the extent caused by Landlord's gross negligence or willful misconduct (which shall keep be equal to Landlord's Charge therefor), shall repair any damage to the Premises as and when needed to preserve them in good and sanitary condition, working order and repair, includingcondition. Tenant acknowledges that such obligation applies to, without limitation, (a) any Alterations, all systems (bother than Building systems) the internal air distribution system located in and exclusively serving the Premises to the point at which extent the same connects to are located in the main distribution duct for Premises, including any Supplemental HVAC System and any access control system serving the Premises (except it being agreed that Tenant shall be responsible for any monthly maintenance fee payable in connection therewith), (b) all systems (other than Building systems) located outside of the perimeter induction units Premises to the extent such systems exclusively serve the Premises, (c) Tenant's Insurable Property, and (d) those portions of the Building systems located within and exclusively serving the Premises, even if located in the Premises), (c) the internal electrical system located in and around Tenant’s electrical closet and exclusively servicing the Premises, (d) all plumbing fixtures and lines in and serving the Premises exclusively to from the point at which same join of connection on the main vertical risers for the Building, (e) the life safety and emergency power systems exclusively servicing floor of the Premises to the point at which same join the main vertical risers for the Building, (f) Tenant’s Property, and (g) the Terrace pursuant to Section 28Premises; provided, however, that with respect to clauses (a)-(c) above, if (1) Tenant shall only fail to perform such repairs within thirty (30) days of Landlord's notice or (2) Tenant elects to have Landlord perform such repairs, Landlord shall perform such repairs at Tenant's sole cost and expense (which shall be equal to Landlord's Charge therefor). By way of example only, Tenant shall be responsible for exterior (other than the Terrace) or structural repairs if the need for same arises out maintenance and repair of (i) the makingelectrical system serving the Premises from, installationbut not including, use, operation or existence of Alterations by or on behalf of Tenantthe lighting and utility panels in the core closets, (ii) the moving plumbing and sanitary systems and installations serving the Premises (including any pantry facilities) from the points of Tenant’s Property in or out connection to, but not including, the main vertical risers and stacks of the Building or the PremisesBuilding, (iii) the negligence sprinkler system serving the Premises from the point of connection to, but not including, the main distribution loop and (iv) the fire alarms devices within the Premises from the point of connection to, but not including, the wiring connecting said devices. If (x) Landlord believes an emergency exists or (y) Tenant or fails to perform any other occupant work required by this Section 12.01 and such failure continues for five (5) days after notice from Landlord, then, at the election of Landlord, any work by Tenant with respect to any of the Premises items above may be performed by Landlord, in which event Tenant shall pay to Landlord Landlord's Charge therefor as additional rent within twenty (20) days after demand. Subject to Section 16.07 below, all damage or any injury, whether structural or non-structural, to the Building or to its fixtures, glass, appurtenances and equipment caused by the negligence or willful misconduct of Tenant’s , its employees, contractors, agents, licensees or invitees or their manner of use or occupancy of the Premiseslicensees, subject, however, in the case of fire or other insured casualty, to the waiver set forth in Section 16.04, or (iv) Tenant’s compliance or non-compliance with Legal Requirements in accordance with Section 9.01. Any repairs to the Building, or Building Systems (including those elements of the Building Systems described in clauses (a) through (e) above) shall be performed repaired, restored or replaced promptly by Landlord at Tenant’s expense, unless Landlord elects 's sole cost and expense (which shall be equal to Landlord's Charge therefor) and all such expenses shall be paid by notice to Tenant to have Tenant perform such Landlord as additional rent. All aforesaid repairs. If Landlord performs any such repair , restorations and replacements shall be in quality and class equal to the Building for which Tenant is responsible, (i) Landlord shall perform original work or installations to the same promptly extent practicable and shall use reasonable efforts to do so be done in a good and workmanlike manner so as upon and subject to minimize interference with the ability all of the occupants terms of the Premises to conduct in the Premises the business typically conducted therein, and (ii) the cost to Tenant therefore shall be limited to Landlord’s actual out-of-pocket costs, reasonably incurred, (which, for the purposes hereof, may include charges allocable to work performed by Building employees). Tenant, at Tenant’s expense, shall have the right to monitor the progress of such repair taken by Landlord. Tenant shall promptly notify Landlord of Tenant’s knowledge of the need for structural repairs, repairs to the exterior (including exterior glass) of the Building, and/or repairs to any Building Systems which are the responsibility of Tenant. In no event shall Tenant be required to make, be responsible for, or pay for any repairs which are required as a result of the negligent act or negligent omission or willful misconduct of Landlord or Landlord’s agents, employees or contractorsthis Lease.

Repairs by Tenant. Except Tenant at its expense (or Landlord, at Tenant’s expense, as expressly otherwise set forth in Section 8.01 and except for customary cleanings as provided in Section 6.03 and damages covered by Article 19, Tenant, at its expense, herein) shall keep take good care of the Premises and the fixtures therein, and shall repair any non-structural damage to the Premises as and when needed to preserve them in good and sanitary condition, working order and repair, includingcondition. Tenant acknowledges that such obligation applies to, without limitation, (a) any Alterationsall core toilet rooms and service elevator corridors located on the floor of the Premises if Tenant shall lease all of the leasable area thereof, (b) the internal air distribution system located in and all systems (other than base Building systems) exclusively serving the Premises to the point at which extent the same connects to the main distribution duct for the Premises (except for the perimeter induction units serving the Premises, even if are located in the Premises, including any Supplemental HVAC System (including the Existing AC Units) and any security control system serving the Premises (it being agreed that Tenant shall be responsible for any monthly maintenance fee payable in connection therewith), (c) any systems (other than Building systems) located outside of the internal electrical system located in and around Tenant’s electrical closet and Premises to the extent such systems exclusively servicing serve the Premises, (d) all plumbing fixtures Tenant’s Insurable Property, and lines in and serving the Premises exclusively to the point at which same join the main vertical risers for the Building, (e) those portions of the life safety base Building systems located within and emergency power systems exclusively servicing serving the Premises, from the point of connection on the floor of the Premises to the point at which same join the main vertical risers for the Building, (f) Tenant’s Property, and (g) the Terrace pursuant to Section 28; provided, however, that Tenant shall only be responsible for exterior (other than the Terrace) or structural repairs if the need for same arises out of (i) the making, installation, use, operation or existence of Alterations by or on behalf of Tenant, (ii) the moving of Tenant’s Property in or out of the Building or the Premises, (iii) the negligence of Tenant or any other occupant of the Premises or any of Tenant’s employees, contractors, agents, licensees or invitees or their manner of use or occupancy of the Premises, subject, however, in the case of fire or other insured casualty, to the waiver set forth in Section 16.04, or (iv) Tenant’s compliance or non-compliance with Legal Requirements in accordance with Section 9.01. Any repairs to the Building, or Building Systems (including those elements of the Building Systems described in clauses items (a) through (e) being referred to collectively as “Tenant’s Maintenance Items”). By way of example only of the items referred to in clause (c) above, Tenant shall be responsible for the maintenance and repair (but subject to the terms of the following sentence) of the following items with respect to the Premises (it being acknowledged by Landlord that the following list contain most of the currently anticipated items referred to in clause (c) above): (i) the electrical system serving the Premises from (but not including) the bus duct, including the transformers, switches and panels (but not the submeters), (ii) the plumbing and sanitary systems and installations serving the Premises from the points of connection to (but not including) the main vertical risers and stacks of the Building, including any private bathrooms and shower facilities, (iii) the sprinkler system serving the Premises from the point of connection to (but not including) the tamper and flow valves and (iv) the fire alarms serving the Premises from the point of connection to (but not including) the main fire alarm panel. Any repairs (1) in or to the Building outside of the Premises (including to any of the base Building systems) for which Tenant is responsible for as Tenant’s Maintenance Items and (2) to the core toilet rooms and service elevator corridors located on the floor of the Premises if Tenant shall lease all of the leasable area thereof, shall be performed by Landlord at Tenant’s expenseexpense equal to Landlord’s Charge therefor. With respect to any of the Tenant Maintenance Items (other than those referred to in the foregoing sentence), unless at the election of Tenant, any work by Tenant with respect to any of the Tenant Maintenance Items (other than those referred to in the foregoing sentence) may be performed by Landlord, in which event Tenant shall pay to Landlord elects by notice as additional rent Landlord’s Charge therefor. Subject to Tenant to have Tenant perform such repairs. If Landlord performs any such repair the preceding two sentences and Section 16.07 below, all damage or injury, whether structural or non-structural, to the Building for which Tenant is responsibleor to its fixtures, (i) Landlord shall perform glass, appurtenances and equipment caused by the same promptly and shall use reasonable efforts to do so in a manner so as to minimize interference with the ability of the occupants of the Premises to conduct in the Premises the business typically conducted therein, and (ii) the cost to Tenant therefore shall be limited to Landlord’s actual out-of-pocket costs, reasonably incurred, (which, for the purposes hereof, may include charges allocable to work performed by Building employees). Tenant, at Tenant’s expense, shall have the right to monitor the progress of such repair taken by Landlord. Tenant shall promptly notify Landlord of Tenant’s knowledge of the need for structural repairs, repairs to the exterior (including exterior glass) of the Building, and/or repairs to any Building Systems which are the responsibility of Tenant. In no event shall Tenant be required to make, be responsible for, or pay for any repairs which are required as a result of the negligent act or negligent omission negligence or willful misconduct of Landlord or Landlord’s Tenant, its employees, agents, employees or contractors.licensees, shall be repaired, restored or replaced promptly by Tenant at Tenant’s sole cost and expense or by Landlord (as set forth in the preceding two

Repairs by Tenant. Except as expressly set forth in Section 8.01 and except for customary cleanings as provided in Section 6.03 and damages covered by Article 19, Tenant, at its expense, shall keep take good care of and maintain the Premises good and sanitary condition, working order and repairPremises, including, without limitation, (a) the Initial Alterations and any Alterations, (b) the package air conditioning unit(s) and the internal air distribution system located in and exclusively serving the Premises to the point at which same connects to the main distribution duct for the Premises (except for the perimeter induction units serving the Premises, even if located in the Premises), (c) the internal electrical system located in and around Tenant’s electrical closet and exclusively servicing the Premises, (d) all plumbing fixtures and lines in and serving the Premises exclusively to the point at which same join the main vertical risers for the Building, (e) the life safety and emergency power and/or any other systems exclusively servicing the Premises to the point at which same join the main vertical risers for the Building, Building and (f) Tenant’s 's Property, and (g) the Terrace pursuant to Section 28; provided, however, that Tenant shall only be responsible for exterior (other than the Terrace) or structural repairs if the need for same arises out of (i) the making, installation, use, operation or existence of Alterations by or on behalf of Tenant, (ii) the moving of Tenant’s 's Property and/or other materials, supplies, etc. in or out of the Building or the Premises, (iii) the negligence or wilful misconduct of Tenant or any other occupant of the Premises or any of Tenant’s 's employees, contractors, agents, licensees or invitees or their manner of use or occupancy of the Premises, subject, however, in the case of fire or other insured casualty, to the waiver set forth in Section 16.0417.04, or (iv) Tenant’s 's compliance or non-compliance noncompliance with Legal Requirements in accordance with Section 9.0110.01. Any repairs to the Building, Building or Building Systems (including those elements of the Building Systems described in clauses (a) through (e) above) shall be performed by Landlord at Tenant’s expense's expense (including a supervisory charge, in addition to charges for general conditions, equal to ten percent (10%) of the trade cost of such repairs and any other costs incurred by Landlord), unless Landlord elects by notice to Tenant to have Tenant perform such repairs. If Landlord performs any such repair to the Building for which Tenant is responsible, (i) Landlord shall perform the same promptly and shall use reasonable efforts to do so in a manner so as to minimize interference with the ability of the occupants of the Premises to conduct in the Premises the business typically conducted therein, and (ii) the cost to Tenant therefore shall be limited to Landlord’s actual out-of-pocket costs, reasonably incurred, (which, for the purposes hereof, may include charges allocable to work performed by Building employees). Tenant, repairs at Tenant’s 's sole cost and expense, shall have the right to monitor the progress of such repair taken by Landlord. Tenant shall promptly notify Landlord of Tenant’s knowledge of the need for structural repairs, repairs to the exterior (including exterior glass) of the Building, and/or repairs to any Building Systems which are the responsibility of Tenant. In no event Landlord shall Tenant be required to make, be responsible for, or pay for any to make repairs which are required as a result of the negligent act or negligent omission or willful misconduct of Landlord or Landlord’s agents's employees (collectively, employees or contractors"Landlord's Agents").

Repairs by Tenant. Except as expressly set forth in Subject to the provisions of Article 6, Section 8.01 7.2(a), and Articles 13 and 15, and except to the extent Landlord is required or elects to perform or pay for customary cleanings as provided certain maintenance or repairs in Section 6.03 and damages covered by Article 19accordance with said Sections, TenantTenant shall, at its Tenant’s sole expense, shall keep at all times during the Term, maintain in good order and repair and in compliance with all applicable Laws, the Premises good and sanitary conditionall fixtures, working order glass (other than the exterior glass curtain wall unless Tenant or its employees, agents, contractors or invitees shall have damaged the same), appurtenances and repairequipment therein (including promptly and adequately repairing, restoring and/or replacing all portions that are damaged or broken), including, without limitation, (a) any Alterations, (b) the internal air Tenant’s entire distribution system located in and exclusively serving for all of the Building Systems that serve the Premises up to the point at which such distribution system connects to the Building System, i.e., (i) Tenant’s entire air distribution ceiling duct system to the point at which the same connects to the main distribution duct for the Premises located in the core area of the Building (except for but not the perimeter induction heating/cooling units serving located around the perimeter of the Premises, even if located in the Premises), (c) the internal electrical system located in and around Tenant’s electrical closet and exclusively servicing the Premises, (d) all plumbing fixtures and lines in and serving the Premises exclusively which units shall be repaired by Landlord except to the point at extent to which the same join the main vertical risers for the Building, (e) the life safety and emergency power systems exclusively servicing the Premises to the point at which same join the main vertical risers for the Building, (f) are damaged by Tenant’s Property, and (g) the Terrace pursuant to Section 28; provided, however, that Tenant shall only be responsible for exterior (other than the Terrace) or structural repairs if the need for same arises out of (i) the making, installation, use, operation or existence of Alterations by or on behalf of Tenant), (ii) the moving of Tenant’s Property in or out of entire electrical system to the Building or panel box that services the Premises, (iii) all water and waste lines and fixtures to the negligence of Tenant or any other occupant of point at which the Premises or any of Tenant’s employees, contractors, agents, licensees or invitees or their manner of use or occupancy of same connect to the Premises, subject, however, vertical pipes and wet columns located in the case of fire or other insured casualty, to the waiver set forth in Section 16.04, or (iv) Tenant’s compliance or non-compliance with Legal Requirements in accordance with Section 9.01. Any repairs to the Building, or Building Systems (including those elements of the Building Systems described in clauses (a) through (e) above) shall be performed by Landlord at Tenant’s expense, unless Landlord elects by notice to Tenant to have Tenant perform such repairs. If Landlord performs any such repair to the Building for which Tenant is responsible, (i) Landlord shall perform the same promptly and shall use reasonable efforts to do so in a manner so as to minimize interference with the ability of the occupants of the Premises to conduct in the Premises the business typically conducted therein, and (ii) the cost to Tenant therefore shall be limited to Landlord’s actual out-of-pocket costs, reasonably incurred, (which, for the purposes hereof, may include charges allocable to work performed by Building employees). Tenant, at Tenant’s expense, shall have the right to monitor the progress of such repair taken by Landlord. Tenant shall promptly notify Landlord of Tenant’s knowledge of the need for structural repairs, repairs to the exterior (including exterior glass) core of the Building, (iv) the portion of the “Class E” fire safety system within the Premises and (v) any and all supplemental and other systems located in and/or repairs exclusively serving the Premises. Tenant shall also repair, restore and/or replace all damage and injury to the Premises or to any portion of the Building or the Building Systems which are the responsibility of Tenant. In no event shall Tenant be required to make, be responsible for, or pay for any repairs which are required as a result outside of the negligent act Premises (including, without limitation, the rough floor, the rough ceiling, exterior walls and load bearing columns and other structural elements) caused by or negligent omission arising from any acts or willful misconduct omissions of Landlord Tenant or LandlordTenant’s agents, employees contractors or contractorsemployees. All repairs and other work performed by Tenant or Tenant’s contractors (which shall be subject to Landlord’s approval in accordance with the provisions of Article 10) shall (i) be performed in compliance with all of the provisions of Article 10 of this Lease, (ii) be performed in a first-class workmanlike manner using only grades of materials at least equal in quality to Building standard materials and (iii) comply with all insurance requirements and all applicable Laws.

Repairs by Tenant. Except as expressly set forth in Section 8.01 Subject to the terms of Sections 13 and 15, and except to the extent Landlord is required or elects to perform or pay for customary cleanings as provided certain maintenance or repairs in Section 6.03 and damages covered by Article 19accordance with said Sections, TenantTenant shall, at its Tenant's sole expense, shall keep at all times during the Term, maintain in good order and repair and in compliance with all applicable Laws, the Premises good and sanitary conditionall fixtures, working order glass, appurtenances and repairequipment therein, including, without limitation, (a) any Alterationspromptly and adequately repairing, (b) restoring and/or replacing all portions that are damaged or broken, including, without limitation, the internal air entire distribution system located in and exclusively serving for all of the Building Systems that serve the Premises up to the point at which such distribution system connects to the Building System, i.e., (i) Tenant's entire air' distribution ceiling duct system to the point at which the same connects to the main distribution duct for the Premises located in the core area of the Building (except for but not the perimeter induction heating/cooling units serving located around the perimeter of the Premises, even if located in the Premises), (c) the internal electrical system located in and around Tenant’s electrical closet and exclusively servicing the Premises, (d) all plumbing fixtures and lines in and serving the Premises exclusively which units shall be repaired by Landlord except to the point at extent to which the same join the main vertical risers for the Building, (e) the life safety and emergency power systems exclusively servicing the Premises to the point at which same join the main vertical risers for the Building, (f) are damaged by Tenant’s Property, and (g) the Terrace pursuant to Section 28; provided, however, that Tenant shall only be responsible for exterior (other than the Terrace) or structural repairs if the need for same arises out of (i) the making, installation, use, operation or existence of Alterations by or on behalf of Tenant), (ii) Tenant's entire electrical system to the moving of Tenant’s Property in or out of the Building or panel box that services the Premises, (iii) all water and waste lines and fixtures to the negligence of Tenant or any other occupant point at which the same connect to the vertical pipes and wet columns located in the core of the Building, (iv) the portion of the "Class E" fire safety system within the Premises or and (v) any of Tenant’s employees, contractors, agents, licensees or invitees or their manner of use or occupancy of and all supplemental and other systems located in and/or exclusively serving the Premises, subject, however, whether or not such repairs pertain to improvements in the case of fire Premises furnished or other insured casualtyinstalled by Landlord, but excluding the core Building Systems, rough floor, rough ceiling, exterior walls and load bearing columns in the Premises, whether such repairs, replacements or restorations shall be foreseen or unforeseen, ordinary or extraordinary. Tenant shall also repair, restore and/or replace all damage and injury to the waiver set forth in Section 16.04Premises (including, or (iv) Tenant’s compliance or non-compliance with Legal Requirements in accordance with Section 9.01. Any repairs to the Buildingwithout limitation, or Building Systems (including those elements any portion of the Building Systems described in clauses therein) or to any portion of the Building or the Building Systems outside of the Premises (aincluding, without limitation, the rough floor, the rough ceiling, exterior walls and load bearing columns and other structural elements) through caused by or arising from any acts or omissions of Tenant or Tenant's agents, contractors or employees. All repairs and other work performed by Tenant or Tenant's contractors (e) abovewhich shall be subject to Landlord's approval) shall be performed by Landlord at Tenant’s expense, unless Landlord elects by notice to Tenant to have Tenant perform such repairs. If Landlord performs any such repair to the Building for which Tenant is responsible, (i) Landlord shall perform the same promptly and shall use reasonable efforts to do so be performed in a manner so as to minimize interference compliance with the ability all of the occupants provisions of the Premises to conduct in the Premises the business typically conducted thereinSection 10 of this Lease, and (ii) the cost be performed in a first-class workmanlike manner using only grades of materials at least equal in quality to Tenant therefore shall be limited to Landlord’s actual out-of-pocket costs, reasonably incurred, Building standard materials and (which, for the purposes hereof, may include charges allocable to work performed by Building employees). Tenant, at Tenant’s expense, shall have the right to monitor the progress of such repair taken by Landlord. Tenant shall promptly notify Landlord of Tenant’s knowledge of the need for structural repairs, repairs to the exterior (including exterior glassiii) of the Building, and/or repairs to any Building Systems which are the responsibility of Tenant. In no event shall Tenant be required to make, be responsible for, or pay for any repairs which are required as a result of the negligent act or negligent omission or willful misconduct of Landlord or Landlord’s agents, employees or contractorscomply with all insurance requirements and all applicable Laws.