Common use of REPAIRS; REPLACEMENTS; MAINTENANCE Clause in Contracts

REPAIRS; REPLACEMENTS; MAINTENANCE. SECTION 7.1. Except for those repairs, replacements or maintenance required to be effected by Landlord, and further subject to the right of reimbursement herein provided, Tenant, at Tenant's sole cost and expense, shall take good care of the Premises and the improvements, buildings, Building Systems, fixtures, equipment, parking lots, landscaping and appurtenances located thereon and make all non-structural repairs, REPLACEMENTS or alterations thereto of any nature whatsoever as and when needed to preserve them in as good working order and condition as exists as of the Commencement Date, ordinary wear and tear excepted, ("Maintenance Repairs") or to comply with any Requirement ("Requirement Alteration"). If Tenant shall fail, after thirty (30) days Notice (or such shorter period as may be required because of an emergency), to commence to make repairs, replacements or alterations required to be made by Tenant and complete the same within a reasonable period of time thereafter exercising due diligence, the same may be made by Landlord, at the expense of Tenant, and the expenses thereof incurred by Landlord, with interest thereon at the Applicable Rate, shall be paid to Landlord, as Additional Rent, within twenty (20) days after rendition of a bill or statement therefor. Tenant shall give Landlord prompx Xxtice of any defective condition known to Tenant in any Building Systems located in, servicing or passing through the Premises. If the cost of any Maintenance Repair or Requirement Alteration, whether structural or non-structural, exceeds $10,000.00, and Landlord consents to such Maintenance Repair or Requirement Alteration after prior written notice from Tenant, then upon termination or other expiration of this Lease Landlord shall reimburse to Tenant the pro rata portion of the cost of such Maintenance Repair or Requirement Alterations equal to the portion of the useful life of such Maintenance Repair or Requirement Alternations that remains after the expiration or other termination of this Lease. The useful life of such Maintenance Repair or Requirement Alterations shall be established by the party making such Maintenance Repair or Requirement Alterations at the time made. Notwithstanding anything to the contrary contained in this Section, in no event shall Tenant be responsible for any repair, item of maintenance or replacement to the extent the same is caused by the negligence or willful misconduct of Landlord or Landlord's employees, contractors or agents. SECTION 7.2. Landlord hereby assigns all warranties and guaranty agreements relating to the Premises and the Building Systems to Tenant during the Term. SECTION 7.3. Landlord hereby agrees to repair, maintain and replace all structural portions of the Premises, including, without limitation, exterior walls, support columns and walls, foundation and the roof in as good repair and working order as exists as of the Commencement Date, ordinary wear and tear excepted.

REPAIRS; REPLACEMENTS; MAINTENANCE. SECTION 7.1. Except for those repairs, replacements or maintenance required to be effected by Landlord, and further subject to the right of reimbursement herein provided, Tenant, at Tenant's sole cost and expense, shall take good care of the Premises and the improvements, buildings, Building Systems, fixtures, equipment, parking lots, landscaping and appurtenances located thereon and make all non-structural repairs, REPLACEMENTS or alterations thereto of any nature whatsoever as and when needed to preserve them in as good working order and condition as exists as of the Commencement Date, ordinary wear and tear excepted, ("Maintenance Repairs") or to comply with any Requirement ("Requirement Alteration"). If Tenant shall fail, after thirty (30) days Notice (or such shorter period as may be required because of an emergency), to commence to make repairs, replacements or alterations required to be made by Tenant and complete the same within a reasonable period of time thereafter exercising due diligence, the same may be made by Landlord, at the expense of Tenant, and the expenses thereof incurred by Landlord, with interest thereon at the Applicable Rate, shall be paid to Landlord, as Additional Rent, within twenty (20) days after rendition of a bill or statement therefor. Tenant shall give Landlord prompx Xxtice proxxx Notice of any defective condition known to Tenant in any Building Systems located in, servicing or passing through the Premises. If the cost of any Maintenance Repair or Requirement Alteration, whether structural or non-structural, exceeds $10,000.00, and Landlord consents to such Maintenance Repair or Requirement Alteration after prior written notice from Tenant, then upon termination or other expiration of this Lease Landlord shall reimburse to Tenant the pro rata portion of the cost of such Maintenance Repair or Requirement Alterations equal to the portion of the useful life of such Maintenance Repair or Requirement Alternations that remains after the expiration or other termination of this Lease. The useful life of such Maintenance Repair or Requirement Alterations shall be established by the party making such Maintenance Repair or Requirement Alterations at the time made. Notwithstanding anything to the contrary contained in this Section, in no event shall Tenant be responsible for any repair, item of maintenance or replacement to the extent the same is caused by the negligence or willful misconduct of Landlord or Landlord's employees, contractors or agents. SECTION 7.2. Landlord hereby assigns all warranties and guaranty agreements relating to the Premises and the Building Systems to Tenant during the Term. SECTION 7.3. Landlord hereby agrees to repair, maintain and replace all structural portions of the Premises, including, without limitation, exterior walls, support columns and walls, foundation and the roof in as good repair and working order as exists as of the Commencement Date, ordinary wear and tear excepted.

REPAIRS; REPLACEMENTS; MAINTENANCE. SECTION Section 7.1. Except for those repairs, replacements or maintenance required to be effected by Landlord, and further subject to the Tenant’s right of reimbursement herein providedprovided in this Section 7.1, Tenant, at Tenant's ’s sole cost and expense, (i) shall take good care of the Premises and the improvements, buildings, Building Systems, fixtures, equipment, parking lots, landscaping equipment and appurtenances located thereon and therein, (ii) shall make all non-structural repairs, REPLACEMENTS or replacements and alterations thereto of any nature whatsoever as and when needed to preserve them in as good working order and condition as exists as of the Commencement Date, ordinary wear and tear excepted, ("“Maintenance Repairs"”) or and (iii) shall make all non-structural repairs, replacements and alterations thereto of any nature whatsoever as and when needed to comply with any Requirement ("“Requirement Alteration"Alterations”). If Tenant shall fail, after thirty (30) days days’ written Notice (or such shorter period as may be required because of an emergency), to commence to make repairsany repair, replacements replacement or alterations alteration required to be made by Tenant and to complete the same such repair, replacement or alteration within a reasonable period of time thereafter exercising due diligence, the same such repair, replacement or alteration may be made by Landlord, at the expense of Tenant, and the expenses expense thereof incurred by Landlord, with interest thereon at the Applicable Rate, shall be paid by Tenant to Landlord, as Additional Rent, within twenty (20) days after rendition by Landlord to Tenant of a bill xxxx or statement therefor. Tenant shall give Landlord prompx Xxtice prompt Notice of any defective condition known to Tenant in any Building Systems located in, servicing or passing through the Premises. If the cost of any Maintenance Repair or Requirement Alteration, whether structural or non-structural, exceeds $10,000.00, and Landlord consents to such Maintenance Repair or Requirement Alteration after prior written notice from Tenantexceeds Twenty Thousand Dollars ($20,000), then upon termination or other expiration of this Lease Lease, Landlord shall reimburse to Tenant the pro rata portion of the cost of such Maintenance Repair or Requirement Alterations Alteration equal to the portion of the useful life of such Maintenance Repair or Requirement Alternations Alternation that remains after the expiration or other termination of this Lease. The useful life of such Maintenance Repair or Requirement Alterations Alteration shall be reasonably established by the party making such Maintenance Repair or Requirement Alterations Alteration at the time made. Notwithstanding anything to the contrary contained in this SectionSection 7.1, in no event shall Tenant be responsible for any repair, item of maintenance or replacement to the extent the same such repair, item of maintenance or replacement is caused by the gross negligence or willful misconduct of Landlord or Landlord's ’s employees, contractors or agents. SECTION Section 7.2. To the extent assignable, Landlord hereby assigns all warranties and guaranty agreements relating to the Premises and the Building Systems to Tenant during the Term. SECTION Section 7.3. Landlord hereby agrees to repair, maintain and replace all mechanical, electrical, and plumbing systems and all structural portions of the Premises, including, without limitationincluding parking, exterior walls, windows, window frames, support columns and walls, foundation and the roof (“Essential Systems”), in as good repair and working order. Subject to reimbursement per Section 7.1, the costs for any such repairs, maintenance and replacement shall be payable by Tenant as Additional Rent within twenty (20) days after written demand from Landlord. Landlord shall not be responsible for, and there shall be no abatement of any Base Rent or Additional Rent due hereunder as a result of, any temporary interruptions or inconveniences caused by such repairs, maintenance or replacements by Landlord. Notwithstanding the foregoing, if an Essential System is not in good working order as exists as directly due to Landlord’s actions such that all or a portion of the Commencement DatePremises is rendered untenantable, ordinary wear as objectively determined using a commercially reasonable standard, and tear exceptedLandlord fails to repair such Essential System within fifteen (15) days after receiving Notice from Tenant of such condition, then Tenant’s Base Rent and Additional Rent shall thereafter xxxxx for the untenantable portion of the Premises until such Essential System is fully repaired.