Common use of Tenant Obligations Clause in Contracts

Tenant Obligations. Subject to the provisions of Sections 10.1, 10.2 and 10.3 relating to Landlord’s approval of certain Alterations, Capital Improvements and Material Capital Improvements, Tenant, at its expense and without the prior consent of Landlord, shall maintain the Leased Property, and every portion thereof, including all of the Leased Improvements and the structural elements and the plumbing, heating, ventilating, air conditioning, electrical, lighting, sprinkler and other utility systems thereof, all fixtures and all appurtenances to the Leased Property including any and all private roadways, sidewalks and curbs appurtenant to the Leased Property, and Tenant’s Property, in each case in good order and repair whether or not the need for such repairs occurs as a result of Tenant’s use, any prior use, the elements or the age of the Leased Property, and, with reasonable promptness, make all reasonably necessary and appropriate repairs thereto of every kind and nature, including those necessary to ensure continuing compliance with all Legal Requirements (including, without limitation, all Gaming Regulations and Environmental Laws) (to the extent required hereunder), Insurance Requirements, the Ground Leases and Property Documents whether now or hereafter in effect (other than any Ground Leases or Property Documents (or modifications to Ground Leases or Property Documents) entered into after the Commencement Date that impose obligations on Tenant (other than de minimis obligations) to the extent (x) entered into by Landlord without Tenant’s consent pursuant to Section 7.2(c) or (y) Tenant is not required to comply therewith pursuant to Section 7.3(b), Section 7.3(g) or Section 7.3(h)) and, with respect to any Fee Mortgages, the applicable provisions of such Fee Mortgage Documents as and to the extent Tenant is required to comply therewith pursuant to Article XXXI hereof, in each case except to the extent otherwise provided in Article XIV or Article XV of this Lease, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to or first arising after the Commencement Date.

Tenant Obligations. Subject to the provisions of Sections 10.1, 10.2 and 10.3 relating to Landlord’s approval of certain Alterations, Capital Improvements and Material Capital Improvements, Tenant, at its expense and without the prior consent of Landlord, shall maintain the Leased Property, and every portion thereof, including all of the Leased Improvements and the structural elements and the plumbing, heating, ventilating, air conditioning, electrical, lighting, sprinkler and other utility systems thereof, all fixtures and all appurtenances to the Leased Property including any and all private roadways, sidewalks and curbs appurtenant to the Leased Property, and Tenant’s Property, in each case in good order and repair whether or not the need for such repairs occurs as a result of Tenant’s use, any prior use, the elements or the age of the Leased Property, and, with reasonable promptness, make all reasonably necessary and appropriate repairs thereto of every kind and nature, including those necessary to ensure continuing compliance with all Legal Requirements (including, without limitation, all Gaming Regulations and Environmental Laws) (to the extent required hereunder), Insurance Requirements, the Ground Leases and Property Documents whether now or hereafter in effect (other than any Ground Leases or Property Documents (or modifications to Ground Leases or Property Documents) entered into after the Commencement Date that impose obligations on Tenant (other than de minimis obligations) to the extent (x) entered into by Landlord without Tenant’s consent pursuant to Section 7.2(c) or (y) Tenant is not required to comply therewith pursuant to Section 7.3(b7.3), Section 7.3(g) or Section 7.3(h)) and, with respect to any Fee Mortgages, the applicable provisions of such Fee Mortgage Documents as and only to the extent Tenant is required to comply therewith pursuant to Article XXXI hereof, in each case except to the extent otherwise provided in Article XIV or Article XV of this Lease, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to or first arising after the Commencement Date.

Tenant Obligations. Subject to the provisions of Sections 10.1, 10.2 Except as provided in Article XI (Damage or Destruction) and 10.3 relating to Landlord’s approval of certain Alterations, Capital Improvements and Material Capital ImprovementsArticle XII (Eminent Domain), Tenant, at its expense and without the prior consent of Landlordsole expense, shall maintain the Leased Propertymaintain, repair and every portion thereof, including all of the Leased Improvements and the structural elements and the plumbing, heating, ventilating, air conditioning, electrical, lighting, sprinkler and other utility systems thereof, all fixtures and all appurtenances to the Leased Property including any and all private roadways, sidewalks and curbs appurtenant to the Leased Property, and Tenant’s Property, in each case in good order and repair whether or not the need for such repairs occurs as a result of Tenant’s use, any prior use, the elements or the age of the Leased Property, and, with reasonable promptness, make all reasonably necessary and appropriate repairs thereto of every kind and nature, including those necessary to ensure continuing compliance with all Legal Requirements (including, without limitation, all Gaming Regulations and Environmental Laws) replace (to the extent required hereunder)) the entire Premises, Insurance Requirementsincluding but not limited to, the Ground Leases foundations, footings, load bearing walls and Property Documents whether now other structural elements of the Premises, the roof of the Premises, the paved areas of the Premises, landscaping and the heating, air conditioning, ventilating systems, mechanical, electrical, plumbing or hereafter life safety systems of the Building (collectively, the “Building Systems”}, so as to keep same in effect (other than any Ground Leases or Property Documents (or modifications to Ground Leases or Property Documents) entered into after substantially the condition that existed on the Commencement Date that impose Date, ordinary wear and tear excepted. As used in this Section 7.1, the obligation to repair and maintain includes the obligation to replace any item which is determined to have outlived its useful life and is no longer capable of being repaired to its normal functionality, or the cost to repair exceeds fifty percent (50%) of the cost of replacing such item. If Tenant fails to perform Tenant’s obligations under this Section 7.1, Landlord may enter upon the Premises after ten (10) days’ prior written notice to Tenant (except in the event of an emergency, in which case no notice shall be required}, perform such obligations on Tenant (other than de minimis obligations) to the extent (x) entered into by Landlord without Tenant’s consent pursuant behalf, and put the Premises in good order, condition and repair, and Tenant shall promptly pay to Landlord a sum equal to 115% of the cost thereof in addition to interest at the rate of ten percent (10%) from the date the work is commenced until the date of full repayment by Tenant, as additional rent on demand. Notwithstanding anything contained herein, Tenant shall also be solely responsible for the cost of painting of the exterior of the Building. It is agreed that Tenant shall be obligated hereunder to pay for at least one (1) complete painting of the exterior of the Building during the initial Term, and at last one (1) additional complete painting of the exterior of the Building during any extension of the Term under Section 7.2(c3.2. (a) or (y) Tenant is not required to comply therewith pursuant to Section 7.3(b), Section 7.3(g) or Section 7.3(h)) and, with respect to any Fee Mortgages, the applicable provisions of such Fee Mortgage Documents Except as and to the extent Tenant is required to comply therewith pursuant to Article XXXI hereof, in each case except to the extent otherwise provided in Article XIV or Article XV Section 12.1 below, there shall be no abatement of this Lease, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen or arising rent and no liability of Landlord by reason of a condition existing prior any injury to or first interference with Tenant’s business arising after from the Commencement Datemaking of any repairs, alterations or improvements to any portion of the Premises, nor shall any related activity by Landlord constitute an actual or constructive eviction; provided, however, that in making repairs, alterations or improvements, Landlord shall interfere as little as reasonably practicable with the conduct of Tenant’s business in the Premises.

Tenant Obligations. Subject to the provisions of Sections 10.1, 10.2 and 10.3 relating to Landlord’s approval of certain Alterations, Capital Improvements and Material Capital Improvements, Tenant, at its expense and without the prior consent of Landlord, shall maintain the Leased Property, and every portion thereof, including all of the Leased Improvements and the structural elements and the plumbing, heating, ventilating, air conditioning, electrical, lighting, sprinkler and other utility systems thereof, all fixtures and all appurtenances to the Leased Property including any and all private roadways, sidewalks and curbs appurtenant to the Leased Property, and Tenant’s Property, in each case in good order and repair whether or not the need for such repairs occurs as a result of Tenant’s use, any prior use, the elements or the age of the Leased Property, and, with reasonable promptness, make all reasonably necessary and appropriate repairs thereto of every kind and nature, including those necessary to ensure continuing compliance with all Legal Requirements (including, without limitation, all Gaming Regulations and Environmental Laws) (to the extent required hereunder), Insurance Requirements, the Ground Leases and the Property Documents whether now or hereafter in effect (other than any Ground Leases or Property Documents (or modifications to Ground Leases or Property Documents) entered into after (i) the Commencement Date with respect to the Leased Property (CPLV), and (ii) the HLV Lease Commencement Date with respect to the Leased Property (HLV), as applicable, that impose obligations on Tenant (other than de minimis obligations) to the extent (x) in the case of Property Documents, such Property Documents are entered into by Landlord without Tenant’s consent (A) pursuant to Section 7.2(c) or (B) with respect to the Leased Property (HLV), prior to the Second Amendment Date, pursuant to Section 7.2(c) of the HLV Lease, as applicable, or (y) in the case of Ground Leases, Tenant is not required to comply therewith (A) pursuant to Section 7.3(b), Section 7.3(g) or Section 7.3(h) hereof or (B) with respect to the Leased Property (HLV)) , prior to the Second Amendment Date, pursuant to Section 7.3 of the HLV Lease, as applicable), and, with respect to any Fee Mortgages, the applicable provisions of such Fee Mortgage Documents as and to the extent Tenant is required to comply therewith pursuant to Article XXXI hereof, in each case except to the extent otherwise provided in Article XIV or Article XV of this Lease, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to or first arising after (a) the Commencement DateDate (with respect to the Leased Property (CPLV)) or (b) the HLV Lease Commencement Date (with respect to the Leased Property (HLV)), as applicable.

Tenant Obligations. Subject to the provisions of Sections 10.1, 10.2 and 10.3 relating to Landlord’s approval of certain Alterations, Capital Improvements and Material Capital Improvements, Tenant, at its expense and without the prior consent of Landlord, shall maintain the Leased Property, and every portion thereof, including all of the Leased Improvements and the structural elements and the plumbing, heating, ventilating, air conditioning, electrical, lighting, sprinkler and other utility systems thereof, all fixtures and all appurtenances to the Leased Property including any and all private roadways, sidewalks and curbs appurtenant to the Leased Property, and Tenant’s Property, in each case in good order and repair whether or not the need for such repairs occurs as a result of Tenant’s use, any prior use, the elements or the age of the Leased Property, and, with reasonable promptness, make all reasonably necessary and appropriate repairs thereto of every kind and nature, including those necessary to ensure continuing compliance with all Legal Requirements (including, without limitation, all Gaming Regulations and Environmental Laws) (to the extent required hereunder), Insurance Requirements, the Ground Leases and the Property Documents whether now or hereafter in effect (other than any Ground Leases or Property Documents (or modifications to Ground Leases or Property Documents) entered into after the Commencement Date that impose obligations on Tenant (other than de minimis obligations) to the extent (x) in the case of Property Documents, entered into by Landlord without Tenant’s consent pursuant to Section 7.2(c) or (y) in the case of Ground Leases, Tenant is not required to comply therewith pursuant to Section 7.3(b), Section 7.3(g) or Section 7.3(h)) and, with respect to any Fee Mortgages, the applicable provisions of such Fee Mortgage Documents as and to the extent Tenant is required to comply therewith pursuant to Article XXXI hereof, in each case except to the extent otherwise provided in Article XIV or Article XV of this Lease, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to or first arising after the Commencement Date.

Tenant Obligations. Subject Execute and deliver to the provisions of Sections 10.1, 10.2 and 10.3 relating to Landlord’s approval of certain Alterations, Capital Improvements and Material Capital Improvements, Tenant, at its expense and without the prior consent of Landlord, shall maintain the Leased Property, and every portion thereofLandlord any documents, including all of the Leased Improvements and the structural elements and the plumbing, heating, ventilating, air conditioning, electrical, lighting, sprinkler and other utility systems thereof, all fixtures and all appurtenances to the Leased Property including any and all private roadways, sidewalks and curbs appurtenant to the Leased Property, and Tenant’s Propertyestoppel certificates, in each case in good order and repair whether or not the need for such repairs occurs as a result of Tenant’s use, any prior use, the elements or the age of the Leased Property, and, with reasonable promptness, make all reasonably necessary and appropriate repairs thereto of every kind and nature, including those necessary to ensure continuing compliance with all Legal Requirements (including, without limitation, all Gaming Regulations and Environmental Laws) (to the extent required hereunder), Insurance Requirements, the Ground Leases and Property Documents whether now or hereafter in effect (other than any Ground Leases or Property Documents (or modifications to Ground Leases or Property Documents) entered into after the Commencement Date that impose obligations on Tenant (other than de minimis obligations) to the extent (x) entered into form prepared by Landlord without Tenant’s consent pursuant to Section 7.2(c(i) or (y) Tenant certifying that this lease is not required to comply therewith pursuant to Section 7.3(b)unmodified and in full force and effect or, Section 7.3(g) or Section 7.3(h)) andif modified, with respect to any Fee Mortgages, stating the applicable provisions nature of such Fee Mortgage Documents as modification and to the extent Tenant is required to comply therewith pursuant to Article XXXI hereof, in each case except to the extent otherwise provided in Article XIV or Article XV of certifying this Lease, whether interior as so modified, is in full force and effect and the date to which the Rent and other charges are paid in advance, if any; (ii) acknowledging that there are not, to Tenant's knowledge, any uncured defaults on the part of the Landlord or exteriorstating the nature of any uncured defaults; (iii) evidencing the status of the Lease as may be required either by a lender making a loan to Landlord to be secured by deed of trust or mortgage covering the Premises or a purchaser of the Premises from Landlord; (iv) certifying the current Monthly Rent amount and the amount and form of Security Deposit on deposit with Landlord; and (v) certifying to such other information as Landlord, structural or nonLandlord's Agents, mortgagees, prospective mortgagees and purchasers may reasonably request. Tenant's failure to deliver an estoppel certificate within seven (7) days after delivery of Landlord's written request therefor shall be conclusive upon Tenant (i) that this Lease is in full force and effect, without modification except as may be represented by Landlord; (ii) that there are now no uncured defaults in Landlord's performance; (iii) that not more than one (1) month's Monthly Rent has been paid in advance; and (iv) that the other information requested by Landlord is correct as stated in the form presented by Landlord. Tenant hereby irrevocably appoints Landlord as Tenant's attorney-structuralin-fact, ordinary or extraordinarywhich appointment is coupled with an interest, foreseen or unforeseen or arising by reason of a condition existing prior to or first arising after the Commencement Dateact in Tenant's name, place and stead to execute such estoppel certificate on Tenant's behalf.

Tenant Obligations. Subject to the provisions of Sections 10.1, 10.2 and 10.3 relating to Landlord’s approval of certain Alterations, Capital Improvements and Material Capital Improvements, Tenant, at its expense and without the prior consent of Landlord, shall maintain the Leased Property, and every portion thereof, including all of the Leased Improvements and the structural elements and the plumbing, heating, ventilating, air conditioning, electrical, lighting, sprinkler and other utility systems thereof, all fixtures and all appurtenances to the Leased Property including any and all private roadways, sidewalks and curbs appurtenant to the Leased Property, and Tenant’s Property, in each case in good order and repair whether or not the need for such repairs occurs as a result of Tenant’s use, any prior use, the elements or the age of the Leased Property, and, with reasonable promptness, make all reasonably necessary and appropriate repairs thereto of every kind and nature, including those necessary to ensure continuing compliance with all Legal Requirements (including, without limitation, all Gaming Regulations and Environmental Laws) (to the extent required hereunder), Insurance Requirements, the Ground Leases and Property Documents whether now or hereafter in effect (other than any Ground Leases or Property Documents (or modifications to Ground Leases or Property Documents) entered into after the Commencement Date that impose obligations on Tenant (other than de minimis obligations) to the extent (x) entered into by Landlord without Tenant’s consent pursuant to Section 7.2(c) or (y) Tenant is not required to comply therewith pursuant to Section 7.3(b), Section 7.3(g) or Section 7.3(h)) and, with respect 67 to any Fee Mortgages, the applicable provisions of such Fee Mortgage Documents as and to the extent Tenant is required to comply therewith pursuant to Article XXXI hereof, in each case except to the extent otherwise provided in Article XIV or Article XV of this Lease, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to or first arising after the Commencement Date.

Tenant Obligations. Subject Execute and deliver to the provisions of Sections 10.1, 10.2 and 10.3 relating to Landlord’s approval of certain Alterations, Capital Improvements and Material Capital Improvements, Tenant, at its expense and without the prior consent of Landlord, shall maintain the Leased Property, and every portion thereofLandlord any documents, including all of the Leased Improvements and the structural elements and the plumbing, heating, ventilating, air conditioning, electrical, lighting, sprinkler and other utility systems thereof, all fixtures and all appurtenances to the Leased Property including any and all private roadways, sidewalks and curbs appurtenant to the Leased Property, and Tenant’s Propertyestoppel certificates, in each case in good order and repair whether or not the need for such repairs occurs as a result of Tenant’s use, any prior use, the elements or the age of the Leased Property, and, with reasonable promptness, make all reasonably necessary and appropriate repairs thereto of every kind and nature, including those necessary to ensure continuing compliance with all Legal Requirements (including, without limitation, all Gaming Regulations and Environmental Laws) (to the extent required hereunder), Insurance Requirements, the Ground Leases and Property Documents whether now or hereafter in effect (other than any Ground Leases or Property Documents (or modifications to Ground Leases or Property Documents) entered into after the Commencement Date that impose obligations on Tenant (other than de minimis obligations) to the extent (x) entered into form prepared by Landlord without Tenant’s consent pursuant to Section 7.2(c(i) or (y) Tenant certifying that this Lease is not required to comply therewith pursuant to Section 7.3(b)unmodified and in full force and effect or, Section 7.3(g) or Section 7.3(h)) andif modified, with respect to any Fee Mortgages, stating the applicable provisions nature of such Fee Mortgage Documents as modification and to the extent Tenant is required to comply therewith pursuant to Article XXXI hereof, in each case except to the extent otherwise provided in Article XIV or Article XV of certifying that this Lease, whether interior as so modified, is in full force and effect and the date to which the Rent and other charges are paid in advance, if any; (ii) acknowledging that there are not, to Tenant's knowledge, any uncured defaults on the part of the Landlord or exteriorstating the nature of any uncured defaults; (iii) evidencing the status of the Lease as may be required by a lender making a loan to Landlord to be secured by deed of trust or mortgage covering the Premises or a purchaser of the Premises from Landlord; (iv) certifying the current Monthly Rent amount and the amount and form of Security Deposit on deposit with Landlord; and (v) certifying to such other information as Landlord, structural or nonLandlord's Agents, mortgagees, prospective mortgagees and purchasers may reasonably request. Tenant's failure to deliver an estoppel certificate within ten (10) days after delivery of Landlord's written request therefor shall be conclusive upon Tenant (i) that this Lease is in full force and effect, without modification except as may be represented by Landlord; (ii) that there are now no uncured defaults in Landlord's performance; (iii) that not more than one (1) month's Monthly Rent has been paid in advance; and (iv) that the other information requested by Landlord is correct as stated in the form presented by Landlord. Tenant hereby irrevocably appoints Landlord as Tenant's attorney- in-structuralfact, ordinary or extraordinarywhich appointment is coupled with an interest, foreseen or unforeseen or arising by reason of a condition existing prior to or first arising after the Commencement Dateact in Tenant's name, place and stead to execute such estoppel certificate on Tenant's behalf.

Tenant Obligations. Subject (a) Throughout the Lease Term, Tenant shall keep the Premises and every part thereof (including, without limitation, utility and Building systems serving the Premises, wherever located) in good working order, condition, and repair, in keeping with other similarly- aged renovated historic office buildings located in the Fort Point Channel district of Boston, reasonable wear and tear and damage by casualty, as a result of condemnation, as a result of the failure of Landlord to provide services required to be provided hereunder only excepted, or to the extent necessitated by Landlord’s negligence or willful acts or those of its contractor or agents (subject to the provisions of Sections 10.1Section 11.5 hereof); and shall return the Premises to Landlord at the expiration or earlier termination of the Lease Term in such condition. In furtherance of the foregoing, 10.2 and 10.3 relating to Landlord’s approval of certain Alterations, Capital Improvements and Material Capital Improvements, TenantTenant shall maintain, at its expense expense, maintenance contracts on the HVAC systems, elevators, life/safety systems, generators and without fire pump systems serving the prior consent Building throughout the Term of Landlordthis Lease. (b) Provided no Default of Tenant exists hereunder, to the extent that the Tenant’s obligations under Section 8.1(a) would require Tenant to incur a capital expenditure (as determined in accordance with generally accepted accounting principles) which is expected to exceed $25,000 during the final three (3) years of the Term (as the same may be extended hereunder) for replacement of a Building system which was initially installed by Landlord as part of the Base Building Work (as defined in Exhibit WORK LETTER) with a useful life (determined in accordance with generally accepted accounting principles) exceeding the remainder of the Term (the “Late Term Capital Expenditure”), then Landlord agrees to contribute to the cost of the Late Term Capital Expenditure, which contribution shall maintain be calculated by: (i) dividing the Leased Propertyremaining useful life of the capital replacement upon the Expiration Date (as the same has been, or may thereafter, be extended) by the total useful life of the capital replacement, and every portion thereof, including all then (ii) multiplying the result obtained in (i) above by the actual and reasonable cost of the Leased Improvements capital replacement (by way of example, if a Late Term Capital Expenditure will have a ten-year useful life when put into service and the structural elements and Expiration Date occurs two (2) years thereafter, then within thirty (30) days after the plumbingExpiration Date Landlord shall reimburse Tenant for eighty percent (80%) of the cost of the Late Term Capital Expenditure, heating, ventilating, air conditioning, electrical, lighting, sprinkler and other utility systems thereof, all fixtures and all appurtenances subject to the Leased Property including any and all private roadways, sidewalks and curbs appurtenant to the Leased Property, and Tenant’s Property, in each case in good order and repair whether or not strict compliance with the need for such repairs occurs remainder of this Section 8.1(b): (1) In no event shall the provisions of this Section 8.1(b) be applicable if the capital replacement was necessitated as a result of Tenant’s use, any prior use, negligent or willful failure to maintain the elements or Building system at issue in good order and repair throughout the age of the Leased Property, and, with reasonable promptness, make all reasonably necessary and appropriate repairs thereto of every kind and nature, including those necessary to ensure continuing compliance with all Legal Requirements Lease term as required hereunder (including, without limitation, all Gaming Regulations any failure to maintain any maintenance contracts or perform maintenance and Environmental Lawsrepairs specified thereunder); (2) To the extent Tenant determines that a Late Term Capital Expenditure is necessary, Tenant shall notify Landlord not less than thirty (30) days prior to the extent required hereunderundertaking the Late Term Capital Expenditure (the “Capital Expenditure Notice”), Insurance Requirementswhich notice shall include a report or opinion of a third- party mechanical engineer indicating that the Late Term Capital Expenditure is necessary; (3) Within a reasonable time after receipt of the Capital Expenditure Notice, Landlord shall have the Ground Leases right to inspect by itself or through its engineer the applicable Building system to determine if a replacement is necessary. If Landlord or its engineer determine that a Late Term Capital Expenditure is not required, Landlord shall so notify Tenant. If Tenant disagrees with such determination, Landlord and Property Documents whether now or hereafter in effect Tenant shall have a period of thirty (other than any Ground Leases or Property Documents (or modifications 30) days to Ground Leases or Property Documents) entered into after reach agreement on the Commencement Date that impose obligations need for the Late Term Capital Expenditure and/or agree on Tenant (other than de minimis obligations) another method of resolving the issue. If the parties remain unable to reach agreement, then either party may submit the extent (x) entered into by Landlord without Tenant’s consent matter to arbitration pursuant to Section 7.2(cIII of Exhibit Work Letter. Further, if the Late Term Capital Expenditure would occur during the last year of the Term, Landlord shall have the right to waive Tenant’s obligation to perform the same. (4) or (y) Tenant is not required Landlord shall have the right to comply therewith control the replacement of any Building system undertaken pursuant to this Section 7.3(b8.1(b), and any replacement under this Section 7.3(g) 8.1(b), whether performed by Landlord or Section 7.3(h)) andTenant, with respect to any Fee Mortgages, the applicable provisions shall be of such Fee Mortgage Documents as and comparable quality to the extent Tenant is required to comply therewith pursuant to Article XXXI hereof, in each case except to the extent otherwise provided in Article XIV or Article XV of this Lease, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to or first arising after the Commencement DateBuilding system being replaced.

Tenant Obligations. Subject to At its sole cost and expense throughout the provisions of Sections 10.1Term, 10.2 and 10.3 relating to Landlord’s approval of certain Alterations, Capital Improvements and Material Capital Tenant shall (i) keep the Premises (including the Improvements, Tenant, at its expense and without the prior consent of Landlord, shall maintain the Leased Property, and every portion thereof, including all of the Leased Improvements ) and the structural elements and the plumbing, heating, ventilating, air conditioning, electrical, lighting, sprinkler and other utility systems thereof, all fixtures and all appurtenances to the Leased Personal Property including any and all private roadways, sidewalks and curbs appurtenant to the Leased Property, and Tenant’s Property, in each case in good order and condition of repair whether or not the need for such and (ii) make and perform all commercially reasonable maintenance thereof and all repairs occurs as a result of Tenant’s usethereto, any prior useinterior and exterior, the elements or the age of the Leased Propertyordinary and extraordinary, andstructural and non-structural, with reasonable promptnessforeseen and unforeseen, make all reasonably necessary and appropriate repairs thereto of every nature, kind and naturedescription, including those except as otherwise expressly provided herein. When used in this Article 8, "repairs" shall include all necessary replacements, renewals, alterations, additions and betterments, whether capital or non-capital, and regardless of whether the useful life thereof extends beyond the Term. As to ensure continuing compliance any repairs and replacements whatsoever, Tenant shall, in connection therewith, comply with all Legal Requirements (the requirements of Article 13 hereof as if such work constituted an alteration. Tenant shall further keep and maintain the improvements at any time situated upon the Premises, including, without limitation, the parking areas, sidewalks, driveways, roadways, pathways, curbs, loading areas and areas adjacent thereto, and all Gaming Regulations landscaped areas adjacent thereto, reasonably safe, secure, clean and Environmental Laws) (sanitary including, without limitation, snow and ice clearance, planting and replacing flowers and landscaping, and necessary interior painting. All repairs made by Tenant shall be at least equal in quality to the extent required hereunder)work performed in constructing the Improvements and the condition of the Premises and the Personal Property as of the date hereof and shall be made by Tenant in accordance with all laws, Insurance Requirementsordinances and regulations, the Ground Leases and Property Documents whether now heretofore or hereafter enacted. The necessity for or adequacy of maintenance and repairs shall be measured by the standards which are appropriate for improvements of similar construction and class, provided that Tenant shall, in effect (other than any Ground Leases or Property Documents (or modifications to Ground Leases or Property Documents) entered into after the Commencement Date that impose obligations on Tenant (other than de minimis obligations) event, make all repairs to the extent (x) entered into by Landlord without Tenant’s consent pursuant Premises necessary to Section 7.2(c) avoid any structural damage or (y) Tenant is not required to comply therewith pursuant to Section 7.3(b), Section 7.3(g) other damage or Section 7.3(h)) and, with respect to any Fee Mortgages, the applicable provisions of such Fee Mortgage Documents as and injury to the extent Tenant is required to comply therewith pursuant to Article XXXI hereof, in each case except to the extent otherwise provided in Article XIV Premises or Article XV of this Lease, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to or first arising after the Commencement Dateany part thereof.