Common use of Repairs by Xxxxxx Clause in Contracts

Repairs by Xxxxxx. Tenant shall be obligated to maintain and repair, at Tenant’s sole cost and expense, the interior of the Leased Premises (including all wall surfaces, floor coverings and fixtures, all supplemental heating, ventilation and air conditioning units exclusively serving the Leased Premises [e.g., server room cooling units], kitchens [including hot water heaters, dishwashers, garbage disposals, insta-hot dispensers] and Tenant’s personal property, trade fixtures and any improvements or alterations installed by or on behalf of Tenant), to keep the same at all times in good order, condition and repair, and, upon expiration of the Term, to surrender the same to Landlord in the same condition as on the Term Commencement Date, reasonable wear and tear, taking by condemnation, and damage by casualty not caused by Tenant, its agents, employees, contractors, invitees and licensees excepted. In addition, with regard to the plumbing serving the Leased Premises, Tenant shall keep such plumbing clear and functional, and shall be responsible for any maintenance or repairs made necessary by the clogging of any sink or toilet in the Leased Premises. Tenant shall be responsible for the maintenance and repair of all electrical lines located within the Leased Premises and exclusively serving the Leased Premises. Tenant’s obligations shall include, without limitation, the obligation to repair all damage caused by Tenant, its agents, employees, contractors, invitees and others using the Leased Premises with Xxxxxx’s expressed or implied permission. At the request of Xxxxxx, but without obligation to do so, Landlord may perform the work of maintenance and repair constituting Tenant’s obligation under this Section 5.4 at Tenant’s sole cost and expense and as an extra service to be rendered pursuant to Section 4.2. Any work of repair and maintenance performed by or for the account of Tenant by persons other than Landlord shall be performed by contractors approved by Landlord and in accordance with procedures Landlord shall from time to time reasonably establish. Tenant shall give Landlord prompt notice of any damage to or defective condition in any part of the Building’s mechanical, electrical, plumbing, life safety or other system servicing, located in or passing through the Leased Premises.

Repairs by Xxxxxx. (a) Tenant shall be obligated to maintain and repair, at Tenant’s sole cost and expense, the interior of the Leased Premises (including all wall surfaces, floor coverings except the items that are Landlord’s responsibility to maintain and fixtures, all supplemental heating, ventilation repair) and air conditioning units exclusively serving the Leased Premises [e.g., server room cooling units], kitchens [including hot water heaters, dishwashers, garbage disposals, insta-hot dispensers] and TenantXxxxxx’s personal property, trade fixtures and any improvements or alterations installed by or on behalf of Tenant), to keep the same at all times in good order, condition and repair, and, upon expiration of the Term, to surrender the same to Landlord in the same condition as on the Term Commencement Date, reasonable wear and tear, taking by condemnation, and damage by casualty not caused by Tenant, its agents, employees, contractors, invitees and licensees excepted. In addition, with regard to the plumbing serving the Leased Premises, Tenant shall keep such plumbing clear and functional, and shall be responsible for any maintenance or repairs made necessary by the clogging of any sink or toilet in the Leased Premises. Tenant shall be responsible for the maintenance and repair of all electrical lines located within the Leased Premises and exclusively serving the Leased Premises. Tenant’s obligations shall include, without limitation, the obligation to maintain and repair all walls, floors, ceilings and fixtures and to repair all damage caused by Tenant, its agents, employees, contractors, invitees and others using the Leased Premises with Xxxxxx’s expressed or implied permission. At the request of Xxxxxx, but without obligation to do so, Landlord may perform the work of maintenance and repair constituting Tenant’s obligation under this Section 5.4 at Tenant’s sole cost and expense and as an extra service to be rendered pursuant to Section 4.2. Any work of repair and maintenance performed by or for the account of Tenant by persons other than Landlord shall be performed by contractors approved by Landlord and in accordance with procedures Landlord shall from time to time reasonably establish. Tenant shall give Landlord prompt notice of any damage to or defective condition in any part of the Building’s mechanical, electrical, plumbing, fire/life safety or other system servicing, servicing or located in or passing through the Leased Premises. As set forth in Section 4.1, Landlord shall be responsible for the repair and maintenance of the structural parts of the Building, including structural walls, exterior walls, structural portions of the floors of the Building, foundation and roof of the Building (except for structural improvements performed by or for Tenant). (b) Notwithstanding anything in this Lease to the contrary, Tenant shall enter into and continue in force throughout the term of this Lease a regularly scheduled (at least once every three (3) months) preventive maintenance/service contract, with a maintenance contractor approved by Landlord, for servicing all HVAC units serving the Leased Premises (“HVAC Maintenance”), and Tenant shall promptly provide Landlord a copy of the contract and all quarterly service reports and other service reports. The service contract must include, at a minimum, all services suggested by the equipment manufacturer. Tenant shall be responsible for any repair, replacement and maintenance of the HVAC units serving the Leased Premises and shall surrender the HVAC units on the Term Expiration Date (or earlier termination of this Lease) in good working order with no deferred maintenance. Notwithstanding the foregoing, Xxxxxx has requested that Landlord undertake the HVAC Maintenance on behalf of Tenant and Tenant shall pay Landlord for the actual costs related to the HVAC Maintenance, including without limitation the repair or replacement of parts and equipment within ten (10) days after billing by Landlord; Landlord has agreed to undertake the HVAC Maintenance on behalf of Tenant. (c) Notwithstanding anything in this Lease to the contrary, Tenant shall enter into and continue in force throughout the term of this Lease a regularly scheduled preventive maintenance/service contract, with a maintenance contractor approved by Landlord, for servicing the Building elevator system (“Elevator Maintenance”). The service contract shall include, at a minimum, all services suggested by the equipment manufacturer. Since Tenant is the sole user of the Building elevator system, Tenant shall pay for all costs related to Elevator Maintenance, including without limitation the repair or replacement of parts and equipment. Notwithstanding the foregoing, Xxxxxx has requested that Landlord undertake the Elevator Maintenance on behalf of Tenant and Tenant shall pay Landlord for the actual costs related to the Elevator Maintenance, including without limitation the repair or replacement of parts and equipment within ten (10) days after billing by Landlord; Landlord has agreed to undertake the Elevator Maintenance on behalf of Tenant. (d) Notwithstanding anything to the contrary set forth in this Lease, in the event that the originally named Tenant in this Lease develops the capacity and facilities management expertise necessary to perform facilities management of the Leased Premises in accordance with prevailing industry standards and can provide reasonable evidence to Landlord of such capacity, the originally named Tenant in this Lease may elect (on any January 1 during the Term of this Lease by providing Landlord at least sixty (60) days prior written notice of such election) to assume the obligations of Landlord under service contracts for HVAC Maintenance, Elevator Maintenance and fire/life safety monitoring and pay such costs directly to the providers of those services. During all periods following any such election by Xxxxxx, Tenant shall maintain records of its performance of its maintenance obligations under this Lease and shall provide reasonable access to Landlord to inspect such maintenance records, and, with respect to Tenant’s payment obligations under this Lease, Landlord shall adjust Basic Operating Costs and/or Additional Rent payable by Tenant accordingly.

Repairs by Xxxxxx. Tenant shall be obligated make and pay for all repairs to maintain the Premises and repair, at Tenant’s sole cost all equipment and expense, the interior of the Leased Premises (including all wall surfaces, floor coverings and fixtures, all supplemental heating, ventilation and air conditioning units exclusively systems serving the Leased Premises [e.g., server room cooling units], kitchens [including hot water heaters, dishwashers, garbage disposals, insta-hot dispensers] exclusively and Tenant’s personal property, trade fixtures and any improvements or alterations installed by or on behalf of Tenant), shall replace all things which are necessary to keep the same in good state of repair and operating order, such as (but not limited to) all slabs, floors, heating, ventilating and air conditioning, plumbing, mechanical fire suppression, and other building systems, lighting, drainage facilities, electrical, carpeting, wallcoverings and other interior improvements, all doors (including plate glass), storefront, windows, any other component or portion of the Building or Premises which Landlord is not required to maintain pursuant to Section 13A above, and fixtures, furnishings, lighting and signs of Tenant. Tenant shall at all times keep the Premises and all exterior entrances, exterior walls, glass and show moldings, partitions, doors, floors surfaces, fixtures, equipment and appurtenances thereof in good order, condition and repairrepair and in a reasonably satisfactory condition of cleanliness and Tenant shall make such other necessary repairs in and to the Premises not specified in Paragraph 13A hereof as being the responsibility of Landlord. Tenant shall at its expense replace all broken or damaged glass or substitutes therefore, andas the case may be. If (a) Tenant does not repair property as required hereunder and to the reasonable satisfaction of Landlord, upon expiration of the Termor (b) Landlord, to surrender the same to Landlord in the same condition as on exercise of its sole discretion, determines that emergency repairs are necessary or (c) repairs or replacements to the Term Commencement Date, reasonable wear and tear, taking Premises are made necessary by condemnation, and damage by casualty not caused by any act or omission or negligence of Tenant, its agentsemployees, employeessubtenants, assignees, concessionaires, contractors, invitees invitees, licensees or visitors, then in any of such events Landlord may make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant's merchandise, fixtures, or other property or to Tenant's business by reason thereof, and licensees excepted. In addition, with regard to the plumbing serving the Leased Premisesupon completion thereof, Tenant shall keep pay Landlord's cost for making such plumbing clear and functionalrepairs plus twenty percent (20%) for overhead, and upon presentation of a bill therefore as additional rent. Said bill shall include interest from the date such repairs were billed by the contractor(s) making such repairs. Landlord shall not be responsible for any maintenance permits or repairs made necessary fees of any nature and kind that may be required by the clogging City or County in which the Premises is located for operation of any sink or toilet in the Leased PremisesTenant’s business. Tenant shall be responsible for keep the maintenance Premises in a clean and repair of satisfactory condition and shall comply with all electrical lines located within applicable laws, rules and regulations with respect to the Leased Premises and exclusively serving the Leased Premises. or Tenant’s obligations shall includeuse thereof, without limitationincluding but not limited to all building codes, the obligation to repair all damage caused by Tenant, its agents, employees, contractors, invitees health department and others using the Leased Premises with Xxxxxx’s expressed or implied permission. At the request of Xxxxxx, but without obligation to do so, Landlord may perform the work of maintenance and repair constituting Tenant’s obligation under this Section 5.4 at Tenant’s sole cost and expense and as an extra service to be rendered pursuant to Section 4.2. Any work of repair and maintenance performed by or for the account of Tenant by persons other than Landlord shall be performed by contractors approved by Landlord and in accordance with procedures Landlord shall from time to time reasonably establish. Tenant shall give Landlord prompt notice of any damage to or defective condition in any part of the Building’s mechanical, electrical, plumbing, life safety or other system servicing, located in or passing through the Leased Premisesfire department regulations.

Repairs by Xxxxxx. Except to the extent that Landlord is responsible for such repair or maintenance under Section 5.1 above, Tenant shall be obligated to maintain and repair, at Tenant’s sole cost ----------- repair the Premises and expense, the interior of the Leased Premises (including all wall surfaces, floor coverings and fixtures, all supplemental heating, ventilation and air conditioning units exclusively serving the Leased Premises [e.g., server room cooling units], kitchens [including hot water heaters, dishwashers, garbage disposals, insta-hot dispensers] and Tenant’s personal property, trade fixtures and any improvements or alterations installed by or on behalf of Tenant), to keep the same at all times in good ordercondition, condition and repair, and, upon expiration of the Term, to surrender the same to Landlord in the same condition as on the Term Commencement Date, reasonable ordinary wear and tear, taking by condemnation, tear and damage by casualty and condemnation which is not caused required to be restored pursuant to Section 12 and damage due solely to acts of Landlord (except to the ---------- extent such damage is covered by Tenant, its agents, employees, contractors, invitees and licensees 's insurance) excepted. In addition, with regard to the plumbing serving the Leased Premises, Tenant shall keep such plumbing clear and functional, and shall be responsible for any maintenance or repairs made necessary by the clogging of any sink or toilet in the Leased Premises. Tenant shall be responsible for the maintenance and repair of all electrical lines located within the Leased Premises and exclusively serving the Leased Premises. Tenant’s obligations 's obligation shall include, without limitation, the obligation to maintain and repair all walls, floors, ceilings and fixtures and to repair all damage caused by Tenant or Tenant's employees, its agents, employees, contractors, officers, directors, partners, members, licensees, invitees and others using guests ("Tenant Parties") to the Leased Premises with Xxxxxx’s expressed or implied permission. At the request Project, whatever the scope of Xxxxxx, but without obligation to do so, Landlord may perform the work of maintenance and or repair constituting required. Tenant shall repair all damage caused by removal of Tenant’s obligation 's movable equipment or furniture or the removal of any Tenant Extra Improvements or Alterations (as defined in Section 6.7) permitted or required by Landlord, all ----------- as provided in Section 6.13. Any repair or maintenance that Tenant is required ------------ to perform under this Section 5.4 Lease shall be performed at Tenant’s sole cost and 's expense and by Landlord's employees as an extra service to be rendered pursuant "Extra Service" subject to Section 4.25.4, or by contractors ----------- selected by Landlord. If Xxxxxx fails or refuses to perform such work in a timely and efficient manner, then Landlord may perform such work for the account of Tenant as an Extra Service. Any work of repair and maintenance performed by or for the account of Tenant by persons other than Landlord shall be performed by at Tenant's risk using contractors approved by Landlord prior to commencement of the work and in accordance with procedures Landlord shall from time to time reasonably establish. All such work shall be performed in compliance with all applicable laws, ordinances, rules and regulations and Tenant shall provide to Landlord copies of all permits and records of inspection issued or obtained by Tenant in connection therewith to establish such compliance. Tenant shall give not be required to perform any maintenance or repair required solely by reason of the negligence or wrongful acts of Landlord prompt notice or its employees, agents, contractors, officers, directors, partners, licensees, invitees and guests, Xxxxxxxx's affiliates or Landlord's members ("Landlord Parties"). Tenant shall promptly notify Landlord of any damage needed repairs in the Premises or to or defective condition in any part of the Building’s mechanical, electrical, plumbing, life safety or other system servicing, located in or passing through the Leased PremisesBuilding Components.

Repairs by Xxxxxx. Tenant shall be obligated to maintain and repairwill, at Tenant’s sole cost 's cost, repair or replace any (i) damage to the Premises and expense, the interior of the Leased Premises equipment and improvements therein (including all wall surfacesdoors and door frames, floor coverings interior windows and fixturesany kitchen equipment, all supplemental heating, ventilation and air conditioning units exclusively serving the Leased Premises [e.g., server room cooling units], kitchens [including hot water heaters, such as dishwashers, garbage disposalssinks, insta-hot dispensers] refrigerators, ice machines, trash compactors and Tenant’s personal propertyplumbing, trade fixtures HVAC, life safety and any improvements other mechanical systems related thereto ) that are constructed or alterations installed by or on behalf at the request of Tenant), to keep the same at all times in good order, condition and repair, and, upon expiration Tenant as part of the TermInitial Improvements or that are not Building Standard; and (ii) any damage to the Complex, or any part thereof, caused by Tenant or any employee, officer, contractor, agent, subtenant, guest, licensee or invitee of Tenant (except that with respect to surrender any such damage outside of the same Premises or below floor coverings, above ceilings or behind walls or columns, such damage will be repaired by Landlord, and Tenant will reimburse Landlord for the cost of such repairs or replacements, plus an administrative charge equal to ten percent (10%) of the cost of such repairs or replacements). If Tenant fails to make such repairs or replacements within thirty (30) days after receipt of written notice from Landlord, Landlord may, at Landlord's option, make such repairs or replacements, and Tenant will reimburse Landlord for the cost of such repairs or replacements, plus an administrative charge equal to ten percent (10%) of the cost of such repairs or replacements. Reimbursement for all repairs performed by Landlord pursuant to this Section 14 shall be payable as additional Rent by Tenant to Landlord within ten (10) days following Xxxxxx's receipt of an invoice from Landlord. Notwithstanding anything contained herein to the contrary, if any such damage is covered by Landlord's insurance, in whole or in part, Tenant's liability under this Section 14 shall be limited to the same condition as on deductible payable by Landlord and any portion of the Term Commencement Date, reasonable wear and tear, taking cost of repairing such damage not covered by condemnation, and damage by casualty not caused Landlord's insurance. In connection with repairs or replacements made by Tenant, its agents, employees, contractors, invitees and licensees excepted. In addition, Tenant will provide Landlord with regard to the plumbing serving the Leased Premises, Tenant shall keep such plumbing clear and functional, and shall be responsible for any maintenance or repairs made necessary by the clogging of any sink or toilet in the Leased Premises. Tenant shall be responsible for the maintenance and repair of all electrical lines located within the Leased Premises and exclusively serving the Leased Premises. Tenant’s obligations shall include, without limitation, the obligation to repair all damage caused by Tenant, its agents, employees, contractors, invitees and others using the Leased Premises with Xxxxxx’s expressed or implied permission. At the request of Xxxxxx, but without obligation to do so, Landlord may perform the work of maintenance and repair constituting Tenant’s obligation under this Section 5.4 at Tenant’s sole cost and expense and as an extra service to be rendered pursuant to Section 4.2. Any work of repair and maintenance performed by or for the account of Tenant by persons other than Landlord shall be performed by contractors approved by Landlord and in accordance with procedures Landlord shall from time to time reasonably establish. Tenant shall give Landlord prompt notice of any damage to or defective condition in any part a copy of the Building’s mechanicalcontractor agreement regarding such repairs, electricalcopies of certificates of insurance evidencing contractor coverage satisfactory to Landlord, plumbingcopies of "as built" plans and specifications and other information or documentation reasonably required by Landlord, life safety including evidence of the lien free completion of such repairs or other system servicing, located in or passing through the Leased Premisesreplacements.

Repairs by Xxxxxx. Subject to Section 5.1(c) above and except as excused by Section 12.1 below, Tenant shall be obligated to maintain and repair, at Tenant’s sole cost repair the Premises and expense, the interior of the Leased Premises (including all wall surfaces, floor coverings and fixtures, all supplemental heating, ventilation and air conditioning units exclusively serving the Leased Premises [e.g., server room cooling units], kitchens [including hot water heaters, dishwashers, garbage disposals, insta-hot dispensers] and Tenant’s personal property, trade fixtures and any improvements or alterations installed by or on behalf of Tenant), to keep the same at all times in good order, condition and repair, and, upon expiration of the Term, to surrender the same to Landlord in the same condition as on the Term Commencement Date, reasonable wear and tear, taking by condemnation, and damage by casualty not caused by Tenant, its agents, employees, contractors, invitees and licensees excepted. In addition, with regard to the plumbing serving the Leased Premises, Tenant shall keep such plumbing clear and functional, and shall be responsible for any maintenance or repairs made necessary by the clogging of any sink or toilet in the Leased Premises. Tenant shall be responsible for the maintenance and repair of all electrical lines located within the Leased Premises and exclusively serving the Leased Premisescondition. Tenant’s obligations obligation shall include, without limitation, the obligation to maintain and repair all walls, floor coverings, ceilings and fixtures and to repair all damage caused by Tenant or Tenant’s employees, its agents, employees, contractors, officers, directors, partners, members, licensees, invitees and others using guests (“Tenant Parties”) to the Leased Premises with Xxxxxx’s expressed or implied permission. At the request Project, whatever the scope of Xxxxxx, but without obligation to do so, Landlord may perform the work of maintenance and or repair constituting required. Tenant shall repair all damage caused by removal of Tenant’s obligation equipment or furniture or the removal of any Tenant Extra Improvements or Alterations (as defined in Section 6.6) permitted or required by Landlord, all as provided in Section 6.12. Any repair or maintenance that Tenant is required to perform under this Section 5.4 Lease shall be performed at Tenant’s sole cost and expense and by Xxxxxxxx’s employees as an extra service to be rendered pursuant “Extra Service” subject to Section 4.25.4, or by contractors selected by Landlord. If Xxxxxx fails or refuses to commence such work within ten (10) days after receipt of written notice from Landlord of the need for such work (except that no notice shall be required in an emergency) or fails to complete such work in a timely and efficient manner, then Landlord may perform such work for the account of Tenant as an Extra Service. Any work of repair and maintenance performed by or for the account of Tenant by persons other than Landlord shall be performed by at Tenant’s risk using contractors approved by Landlord prior to commencement of the work and in accordance with procedures Landlord shall from time to time reasonably establish. All such work shall be performed in compliance with all applicable laws, ordinances, rules and regulations and Tenant, upon request, shall provide to Landlord copies of all permits and records of inspection issued or obtained by Tenant in connection therewith to establish such compliance. Tenant shall give not be required to perform any maintenance or repair required solely by reason of the negligence or wrongful acts of Landlord prompt notice or its employees, agents, contractors, officers, directors, partners, licensees, invitees and guests, Xxxxxxxx’s affiliates or Landlord’s members (“Landlord Parties”). Tenant shall notify Landlord of any damage needed repairs in the Premises or to or defective condition in any part the Building Components within a reasonable period of time after learning of the Building’s mechanical, electrical, plumbing, life safety or other system servicing, located in or passing through the Leased Premisesneed for such repairs.

Repairs by Xxxxxx. Tenant shall be obligated to maintain and repair, at Tenant’s sole cost and expense, the interior of the Leased Premises (including all wall surfaces, floor coverings and fixtures, all supplemental heating, ventilation and air conditioning units exclusively serving the Leased Premises [e.g., server room cooling units], kitchens [including hot water heaters, dishwashers, garbage disposals, insta-hot dispensers] and TenantXxxxxx’s personal property, trade fixtures and any equipment, systems, improvements or alterations installed by or on behalf of Tenant) and every part thereof (other than elements of the Leased Premises to be maintained and repaired by Landlord as expressly set forth in this Lease), to keep the same at all times in good order, condition and repair, and, upon expiration of the Term, to surrender the same to Landlord in the same condition as on the Term Commencement Date, reasonable wear and tear, taking by condemnation, and damage by casualty not caused by TenantXxxxxx, its agents, employees, contractors, invitees and licensees excepted. In addition, with regard to the plumbing serving the Leased Premises, Tenant shall keep such plumbing clear and functional, and shall be responsible for any maintenance or repairs made necessary by the clogging of any sink or toilet in the Leased Premises. Tenant shall be responsible for the maintenance and repair of all electrical lines located within the Leased Premises and exclusively serving the Leased Premises. Tenant’s obligations shall include, without limitation, the obligation to maintain and repair all walls, floors, ceilings and fixtures and to repair all damage caused by Tenant, its agents, employees, contractors, invitees and others using the Leased Premises with Xxxxxx’s expressed or implied permission. At the request of XxxxxxLandlord’s option, but without obligation to do so, Landlord may perform the work of maintenance and repair constituting Tenant’s obligation under this Section 5.4 at Tenant’s sole cost and expense and as an extra service to be rendered pursuant to Section 4.24.2(e). Any work of repair and maintenance performed by or for the account of Tenant by persons other than Landlord shall be performed by contractors or subcontractors approved by Landlord and in accordance with procedures Landlord shall from time to time reasonably establish. Tenant shall give Landlord prompt notice of any damage to or defective condition in any part of the Building’s mechanical, electrical, plumbing, life safety or other system servicing, located in or passing through the Leased Premises.