Common use of Tenant Repairs Clause in Contracts

Tenant Repairs. Except for those items for which Landlord is responsible by virtue of Section 4.03 below, Tenant shall, at its own cost and expense, clean, repair, maintain and replace the interior of the Premises and any improvements, equipment and fixtures therein, including without limitation, all interior and exterior doors, door jambs and frames, drive-in doors, dock doors, dock collars and levelers, locks and hardware, and all interior and exterior windows, window casings and s▇▇▇▇; all interior walls, floors, coverings and ceilings, all interior painting and decorating of the Premises, replacement of approved signs, repairs, maintenance and replacements of all interior electrical, interior plumbing, interior and exterior heating, ventilating, and air conditioning equipment and systems that serve the Premises, so as to keep them in first class condition and in compliance with the requirements from time to time of all governmental authorities having jurisdiction, and lighting and other fixtures and equipment inside the Premises whether or not they were initially installed at Landlord's expense. Landlord warrants that the HVAC system shall be in good working order upon the Commencement Date. All repairs, maintenance and/or replacements made by Tenant shall be subject to Landlord's prior written approval, which will not be unreasonably withheld provided that the same are at least equal in quality and class to the original work and/or fixtures and equipment. Landlord shall have the right, at its option, to perform on behalf of Tenant any repair or replacement approved by Landlord and one hundred ten percent (110%) of the cost and expense incurred shall be due within thirty (30) days of demand. In furtherance of the above, Tenant will obtain a maintenance, repair and service contract on the HVAC system of the Premises, said contract to be on such terms and with such company as shall be reasonably approved by Landlord. Tenant shall promptly place all of its refuse in the trash receptacles provided for this purpose and shall not allow same to accumulate within the Premises or anywhere on the Common Areas. It is understood and agreed that all property of Tenant kept, stored or maintained in the Premises or the Project shall be at the sole risk of Tenant. Tenant agrees at its sole cost and expense to comply with all present and future laws regarding the collection, sorting, separation and recycling of waste products, garbage, refuse and trash.

Tenant Repairs. Except for those items for which Landlord is responsible by virtue of Section 4.03 below, Tenant shall, at its own cost and sole expense, cleankeep and maintain the Premises and every part thereof (except for items that Landlord is responsible for maintaining, repairas provided herein), maintain including interior windows, skylights, doors, plate glass, any store fronts and replace the interior of the Premises and any improvements, equipment and fixtures therein, including without limitation, all interior and exterior doors, door jambs and frames, drive-in doors, dock doors, dock collars and levelers, locks and hardware, and all interior and exterior windows, window casings and s▇▇▇▇; all interior walls, floors, coverings and ceilings, all interior painting and decorating of the Premises, replacement of approved signsin good and sanitary order, repairs, maintenance and replacements of all interior electrical, interior plumbing, interior and exterior heating, ventilating, and air conditioning equipment and systems that serve the Premises, so as to keep them in first class condition and in compliance with the requirements from time to time repair, normal wear and tear and damage by reason of all governmental authorities having jurisdiction, and lighting and fire or other fixtures and equipment inside the Premises whether or not they were initially installed at Landlord's expensecasualty excepted. Except for items that Landlord warrants that the HVAC system shall be in good working order upon the Commencement Date. All repairs, maintenance and/or replacements made by Tenant shall be subject to Landlord's prior written approval, which will not be unreasonably withheld is responsible for maintaining as provided that the same are at least equal in quality and class to the original work and/or fixtures and equipment. Landlord shall have the right, at its option, to perform on behalf of Tenant any repair or replacement approved by Landlord and one hundred ten percent (110%) of the cost and expense incurred shall be due within thirty (30) days of demand. In furtherance of the aboveherein, Tenant will obtain a maintenancewill, repair and service contract on the HVAC system of the Premisesalso, said contract to be on such terms and with such company as shall be reasonably approved by Landlord. Tenant shall promptly place all of its refuse in the trash receptacles provided for this purpose and shall not allow same to accumulate within the Premises or anywhere on the Common Areas. It is understood and agreed that all property of Tenant kept, stored or maintained in the Premises or the Project shall be at the sole risk of Tenant. Tenant agrees at its sole cost keep and expense maintain all utilities, fixtures, plumbing and mechanical equipment used by Tenant and located within the Premises in good order and repair and furnish all expendables (light bulbs, paper goods, soaps, etc.) used in the Premises. Tenant will be responsible for routine, non-structural maintenance and repair of the roof, walls and slab of the Building, and the grounds, landscaping and parking lot at the Property except as set forth to comply with all present the contrary on Exhibit Q. Tenant shall also be responsible for performing the obligations and future laws regarding obtaining the collectionservice contracts designated as Tenant’s responsibility on Exhibit Q attached hereto and made a part hereof. Notwithstanding the foregoing, sortingTenant shall not be responsible for any maintenance or repairs (I) caused by Landlord’s or any Landlord Party’s negligent errors or omissions or intentional misconduct (but rather Landlord shall, separation and recycling subject to Section 12.01, be responsible for such maintenance or repair), (II) as a result of waste productsthe failure of Landlord to perform or observe any conditions or agreements contained in this Lease (but rather Landlord shall, garbagesubject to Section 12.01, refuse and trashbe responsible for such maintenance or repair), or (III) required of Landlord pursuant to Section 13.03, but in addition to its obligations above Tenant shall, subject to Section 12.01, be responsible for any maintenance or repairs caused by Tenant’s or any Tenant Party’s negligent errors or omissions or intentional misconduct.

Tenant Repairs. Except for those items for which Landlord is responsible by virtue of Section 4.03 below, Tenant shall, at its own cost and expense, clean, repair, maintain and replace the interior of the Premises and any improvements, equipment and fixtures therein, including without limitation, all interior and exterior doors, door jambs and frames, drive-in doors, dock doors, dock collars and levelers, locks and hardware, and all interior and exterior windows, window casings and s▇▇▇▇▇; all interior walls, floors, coverings and ceilings, all interior painting and decorating of the Premises, replacement of approved signs, repairs, maintenance and replacements of all interior electrical, interior plumbing, interior and exterior heating, ventilating, and air conditioning equipment and systems that exclusively serve the Premises, so as to keep them in first class condition and in compliance with the requirements from time to time of all governmental authorities having jurisdiction, and lighting and other fixtures and equipment inside the Premises whether or not they were initially installed at Landlord's ’s expense. Landlord warrants that the HVAC system shall be in good working order upon the Commencement Date. All repairs, maintenance and/or replacements made by Tenant shall be subject to Landlord's prior written approval, which will not be unreasonably withheld provided that the same are at least equal in quality and class to the original work and/or fixtures and equipment. All repairs, maintenance and/or replacements made by Tenant that impact the roof or any structural elements of the Building must be approved by Landlord prior to any work being commenced. Landlord shall have the right, at its option, to perform on behalf of Tenant any repair or replacement approved required to be done by Landlord Tenant that will impact the roof, the Building structure or that may impact the value of the Building and one hundred ten five percent (110105%) of the cost and expense incurred shall be due within thirty (30) days of demand. In furtherance of the above, Tenant will obtain obtain, and maintain throughout the Term, a quarterly maintenance, repair and service contract on the HVAC system of serving the Premises, said contract to be on such terms and with such company as shall be reasonably approved by Landlord. The service contract shall include all services recommended by the equipment manufacturer within the operation/maintenance manual and shall become effective (and a copy thereof delivered to Landlord) within thirty days following the Commencement Date. Tenant shall promptly place all of its refuse in the trash receptacles provided for this purpose and shall not allow same to accumulate within the Premises or anywhere on the Common Areas. It is understood and agreed that all property of Tenant kept, stored or maintained in the Premises or the Project shall be at the sole risk of Tenant. Tenant agrees at its sole cost and expense to comply with all present and future laws regarding the collection, sorting, separation and recycling of waste products, garbage, refuse and trash. Notwithstanding the foregoing, as of the Commencement Date, Landlord represents and warrants that the HVAC system serving the Premises will be in good operating condition, as evidenced by a certificate of inspection provided by Landlord’s HVAC contractor.

Tenant Repairs. (a) Except for those items for which Landlord is responsible by virtue of Section 4.03 below, Tenant shall, at its own cost and expense, clean, repair, maintain and replace the interior portions of the Premises that Landlord is required to maintain, repair and replace under Section 9.01(a), Section 9.01(b) or the other terms of this Lease, including, but not limited to, work that is Landlord’s responsibility under any improvementswarranty set forth herein, equipment Tenant shall perform all repairs and fixtures thereinmaintenance required to keep the Premises in a reasonably good and clean condition and in working order and otherwise in compliance with the Incentive Agreements (including, including but not limited to, interior walls, windows, Mechanical Systems, interior lighting, parking lot lights, parking areas, access drives, sidewalks, exterior utility lines and facilities, landscaping, storm water drainage, detention and/or retention facilities, and signage), excluding ordinary wear and tear, damage caused by fire, casualty or any Taking, and utility lines and facilities to be maintained by any utility company. In addition, Tenant shall be responsible for (i) performing normal preventative maintenance to the roof of the Building substantially in accordance with the applicable manufacturer’s preventive maintenance requirements for said roof that are furnished to Tenant pursuant to Section 9.03, and (ii) necessary maintenance and repairs to the roof membrane and related insulation above the roof deck from and after the start of the second (2nd) Extension Period assuming Tenant exercises the second Extension Option. All repairs and maintenance that are Tenant’s responsibility under this Lease shall be completed in a good and workmanlike manner and in compliance with all Applicable Laws. If any repairs, maintenance or replacements are required as a result of damage to the Premises caused by Landlord or its Affiliates, agents, employees, contractors or representatives, excluding ordinary wear and tear and damage that is subject to the waiver set forth in Section 11.04, then Landlord shall reimburse Tenant for the third party actual, verifiable and reasonable cost of such repairs, maintenance or replacements, within sixty (60) days of Landlord’s receipt of a written demand for the same from Tenant, accompanied by reliable evidence of the costs for which reimbursement is sought. (b) Notwithstanding anything contained elsewhere in the Lease to the contrary, if (i) Tenant shall replace any components of the Mechanical Systems (including, without limitation, all interior and exterior doorsany HVAC units serving the Premises) with Landlord’s prior approval, door jambs and frameswhich approval shall not be unreasonably withheld, drive-in doors, dock doors, dock collars and levelers, locks and hardwareconditioned or delayed, and all interior (ii) if this Lease shall expire within three (3) years after replacement of said components of the Mechanical Systems, then, upon expiration of this Lease, Landlord shall pay to Tenant a sum equal to the unamortized balance of the cost of the replaced Mechanical Systems, which amortization shall be determined as of the date of such expiration, and exterior windowssuch amortization shall be calculated on a ten (10) year straight line amortization commencing on the date of replacement. If Landlord does not notify Tenant, window casings in writing, of its objections to the replacement of any component of the Mechanical System (including, without limitation, any HVAC unit) within fifteen (15) days after Tenant requests such approval, in writing, then Landlord shall be deemed to have approved such replacement. In the event of any dispute between Landlord and s▇▇▇▇; all interior walls▇▇ regarding the need for such replacements, floors, coverings Tenant shall retain an engineer or contractor reasonably acceptable to Landlord to review the need for the same and ceilings, all interior painting and decorating of the Premises, replacement of approved signs, repairs, maintenance and replacements of all interior electrical, interior plumbing, interior and exterior heating, ventilating, and air conditioning equipment and systems that serve the Premises, so as to keep them in first class condition and in compliance with the requirements from time to time of all governmental authorities having jurisdiction, and lighting and other fixtures and equipment inside the Premises whether such engineer’s or not they were initially installed at Landlord's expense. Landlord warrants that the HVAC system contractor’s determination shall be in good working order upon the Commencement Date. All repairs, maintenance and/or replacements made by Tenant shall be subject to Landlord's prior written approval, which will not be unreasonably withheld provided that the same are at least equal in quality final and class to the original work and/or fixtures and equipment. Landlord shall have the right, at its option, to perform on behalf of Tenant any repair or replacement approved by Landlord and one hundred ten percent (110%) of the cost and expense incurred shall be due within thirty (30) days of demand. In furtherance of the above, Tenant will obtain a maintenance, repair and service contract binding on the HVAC system of the Premises, said contract to be on such terms and with such company as shall be reasonably approved by Landlord. Tenant shall promptly place all of its refuse in the trash receptacles provided for this purpose and shall not allow same to accumulate within the Premises or anywhere on the Common Areas. It is understood and agreed that all property of Tenant kept, stored or maintained in the Premises or the Project shall be at the sole risk of Tenant. Tenant agrees at its sole cost and expense to comply with all present and future laws regarding the collection, sorting, separation and recycling of waste products, garbage, refuse and trashparties.

Tenant Repairs. Except for those items for Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, supplemental/non-Building heating, ventilation (including exhaust) and air conditioning (which Landlord is responsible by virtue Tenant installs as part of Section 4.03 belowthe Tenant Improvements) (“Supplemental HVAC”), and systems and equipment therein (including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, and insta-hot dispensers), and the floor of the Building on which the Premises are located, in good order, repair and condition as received (ordinary wear and tear and casualty damage excepted) at all times during the Lease Term. In addition, Tenant shall, at its Tenant’s own cost and expense, cleanbut under the supervision and subject to the prior reasonable approval of Landlord, repairand within any reasonable period of time specified by Landlord, maintain promptly and replace the interior of adequately repair all damage to the Premises and any improvementsreplace or repair all damaged, equipment broken, or worn fixtures and fixtures thereinappurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs (after notice from Landlord a reasonable opportunity to do so), Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including without a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Without limitation, all interior and exterior doors, door jambs and frames, drive-in doors, dock doors, dock collars and levelers, locks and hardware, and all interior and exterior windows, window casings and s▇▇▇▇; all interior walls, floors, coverings and ceilings, all interior painting and decorating of the Premises, replacement of approved signs, repairs, maintenance and replacements of all interior electrical, interior plumbing, interior and exterior heating, ventilating, and air conditioning equipment and systems that serve the Premises, so as to keep them in first class condition and in compliance with the requirements from time to time of all governmental authorities having jurisdiction, and lighting and other fixtures and equipment inside the Premises whether or not they were initially installed at Landlord's expense. Landlord warrants that the HVAC system shall be in good working order upon the Commencement Date. All repairs, maintenance and/or replacements made by Tenant shall be subject to Landlord's prior written approvalresponsible for the Supplemental HVAC and Tenant shall secure, which will not be unreasonably withheld provided that the same are at least equal pay for, and keep in quality force contracts with appropriate and class to the original work and/or fixtures and equipment. Landlord shall have the right, at its option, to perform on behalf of Tenant any repair or replacement reputable service companies reasonably approved by Landlord and one hundred ten percent (110%) providing for the regular maintenance of the cost and expense incurred shall be due within thirty (30) days of demand. In furtherance of the above, Tenant will obtain a maintenance, repair and service contract on the HVAC system of the Premises, said contract to be on such terms and with such company as shall be reasonably approved by Landlord. Tenant shall promptly place all of its refuse in the trash receptacles provided for this purpose and shall not allow same to accumulate within the Premises or anywhere on the Common Areas. It is understood and agreed that all property of Tenant kept, stored or maintained in the Premises or the Project shall be at the sole risk of Tenant. Tenant agrees at its sole cost and expense to comply with all present and future laws regarding the collection, sorting, separation and recycling of waste products, garbage, refuse and trashsystems.

Tenant Repairs. (a) Except for those items for which Landlord is responsible by virtue of Section 4.03 below, Tenant shall, at its own cost and expense, clean, repair, maintain and replace the interior portions of the Premises that Landlord is required to maintain, repair and replace under Section 9.01(a), Section 9.01(b) or the other terms of this Lease, including, but not limited to, work that is Landlord’s responsibility under any improvementswarranty set forth herein, equipment Tenant shall perform all repairs and fixtures thereinmaintenance required to keep the Premises in a reasonably good and clean condition and in working order and otherwise in compliance with the Incentive Agreements (including, including without limitationbut not limited to, all interior and exterior doors, door jambs and frames, drive-in doors, dock doors, dock collars and levelers, locks and hardware, and all interior and exterior windows, window casings and s▇▇▇▇; all interior walls, floorswindows, coverings Mechanical Systems, interior lighting, parking lot lights, parking areas, access drives, sidewalks, exterior utility lines and ceilingsfacilities, all interior painting landscaping, storm water drainage, detention and/or retention facilities, and decorating signage), excluding ordinary wear and tear, damage caused by fire, casualty or any Taking, and utility lines and facilities to be maintained by any utility company. In addition, Tenant shall be responsible for (i) performing normal preventative maintenance to the roof of the PremisesBuilding substantially in accordance with the applicable manufacturer’s preventive maintenance requirements for said roof that are furnished to Tenant pursuant to Section 9.03, replacement of approved signs, repairs, and (ii) necessary maintenance and replacements repairs to the roof membrane and related insulation above the roof deck from and after the start of all interior electrical, interior plumbing, interior the second (2nd) Extension Period assuming Tenant exercises the second Extension Option. All repairs and exterior heating, ventilating, maintenance that are Tenant’s responsibility under this Lease shall be completed in a good and air conditioning equipment and systems that serve the Premises, so as to keep them in first class condition workmanlike manner and in compliance with the requirements from time to time of all governmental authorities having jurisdiction, and lighting and other fixtures and equipment inside the Premises whether or not they were initially installed at Landlord's expenseApplicable Laws. Landlord warrants that the HVAC system shall be in good working order upon the Commencement Date. All If any repairs, maintenance and/or or replacements made are required as a result of damage to the Premises caused by Landlord or its Affiliates, agents, employees, contractors or representatives, excluding ordinary wear and tear and damage that is subject to the waiver set forth in Section 11.04, then Landlord shall reimburse Tenant for the third party actual, verifiable and reasonable cost of such repairs, maintenance or replacements, within sixty (60) days of Landlord’s receipt of a written demand for the same from Tenant, accompanied by reliable evidence of the costs for which reimbursement is sought. (b) Notwithstanding anything contained elsewhere in the Lease to the contrary, if (i) Tenant shall be subject to replace any components of the Mechanical Systems (including, without limitation, any HVAC units serving the Premises) with Landlord's ’s prior written approval, which will approval shall not be unreasonably withheld provided that withheld, conditioned or delayed, and (ii) if this Lease shall expire within three (3) years after replacement of said components of the same are at least Mechanical Systems, then, upon expiration of this Lease, Landlord shall pay to Tenant a sum equal in quality and class to the original work and/or fixtures and equipment. Landlord shall have the right, at its option, to perform on behalf of Tenant any repair or replacement approved by Landlord and one hundred ten percent (110%) unamortized balance of the cost and expense incurred of the replaced Mechanical Systems, which amortization shall be due determined as of the date of such expiration, and such amortization shall be calculated on a ten (10) year straight line amortization commencing on the date of replacement. If Landlord does not notify Tenant, in writing, of its objections to the replacement of any component of the Mechanical System (including, without limitation, any HVAC unit) within thirty fifteen (3015) days of demandafter Tenant requests such approval, in writing, then Landlord shall be deemed to have approved such replacement. In furtherance the event of any dispute between Landlord and Tenant regarding the aboveneed for such replacements, Tenant will obtain a maintenance, repair shall retain an engineer or contractor reasonably acceptable to Landlord to review the need for the same and service contract such engineer’s or contractor’s determination shall be final and binding on the HVAC system of the Premises, said contract to be on such terms and with such company as shall be reasonably approved by Landlord. Tenant shall promptly place all of its refuse in the trash receptacles provided for this purpose and shall not allow same to accumulate within the Premises or anywhere on the Common Areas. It is understood and agreed that all property of Tenant kept, stored or maintained in the Premises or the Project shall be at the sole risk of Tenant. Tenant agrees at its sole cost and expense to comply with all present and future laws regarding the collection, sorting, separation and recycling of waste products, garbage, refuse and trashparties.

Tenant Repairs. Except for those items for which Landlord is responsible by virtue of Section 4.03 below, Tenant shallTenant, at its own sole cost and expense, cleanwill be responsible for all repairs, repair, maintain maintenance and replace replacements to the interior of the Premises and any improvements, equipment and fixtures thereinLeased Premises, including without limitationlimitation the Building, the Parking Garage and the Property and further including without limitation any structural repairs, the roof and the foundation (collectively all interior such maintenance, repairs and exterior doorsreplacements, door jambs “Repairs”), except to the extent of the gross negligence or willful misconduct of Landlord, its agents or employees. Landlord and framesTenant acknowledge and agree that Tenant’s obligations and responsibilities for Repairs includes without limitation (i) any and all pre-existing conditions and past problems at the Leased Premises, drive-in doors(ii) all structural issues, dock doorsconstruction defects, dock collars improper drainage issues and levelers, locks any and hardwareall other conditions of the Leased Premises, and (iii) those matters more particularly set forth on Exhibit C, attached hereto and by this reference incorporated herein. Tenant will be responsible for all interior and exterior windows, window casings and s▇▇▇▇; all interior walls, floors, coverings and ceilings, all interior painting and decorating of the Premises, replacement of approved signs, repairs, maintenance and replacements of Tenant’s personal property and betterments and Tenant’s fixtures installed or located in the Leased Premises. Tenant will, at Tenant’s sole cost and expense, maintain the Leased Premises in good order, condition and repair, including, without limitation, all interior electricalceilings, interior walls and floors, all doors and plate glass windows, furnishings installed within or on the Leased Premises, and all equipment installed by or at the expense of Tenant or Landlord, all elevators, plumbing, interior and exterior heating, ventilating, electrical and air conditioning equipment lighting facilities and systems that serve fixtures, all landscaping, parking lots, fences and signs located within or on the Leased Premises and all signs of Tenant located on the Common Areas, and all structural components of the Leased Premises, so as to keep them in first class condition the foundations, all parking lots and in compliance with the requirements from time to time of all governmental authorities having jurisdictiongarages, and lighting the roof of the Building and the Parking Garage and other fixtures improvements, normal wear and equipment inside the Premises whether tear and damage by insured casualty or not they were initially installed at Landlord's expensecondemnation excepted. Landlord warrants Tenant understands and acknowledges that the HVAC system shall be except as expressly provided in good working order upon the Commencement Date. All repairs, maintenance and/or replacements made by Paragraph 14.D below (a) Tenant shall be subject to Landlord's prior written approval, which will not be unreasonably withheld provided that the same are at least equal in quality is absolutely and class to the original work and/or fixtures and equipment. Landlord shall have the right, at its option, to perform on behalf of Tenant any repair or replacement approved by Landlord and one hundred ten percent (110%) of the cost and expense incurred shall be due within thirty (30) days of demand. In furtherance of the above, Tenant will obtain a solely responsible for all maintenance, repair and service contract on replacements to the Leased Premises, including without limitation all components thereof (including without limitation the Building and the Parking Garage and other improvements), and (b) this Lease is a net lease to Landlord and Landlord has no maintenance, repair, restoration, alteration or reconstruction obligations hereunder in any way whatsoever, except as expressly set forth and allocated to Landlord in this Lease. Any Repairs that (i) affect any Building systems (including without limitation, electrical, gas, plumbing, HVAC system and elevators) (“Building Systems”), the roof of the PremisesBuilding or the Parking Garage, said contract the foundation of the Building or the Parking Garage or are structural in nature or (ii) cost $250,000 or more in any one instance or in a series of instances related to the same Repair can only be on made after first receiving the prior written consent of Landlord, and Tenant will immediately notify Landlord of any such terms matter, which consent will be granted or withheld in Landlord’s reasonable discretion, and with which consent may be conditioned upon such company requirements as shall Landlord may deem necessary in its reasonable discretion, including without limitation the insurance carried by such contractor. The Leased Premises will at all times be reasonably approved maintained and all Repairs will at all times be equal to or better than the Building Standard. All Repairs made to the Leased Premises by Landlord. Tenant shall promptly place all of its refuse in will become the trash receptacles provided for this purpose and shall not allow same to accumulate within the Premises or anywhere on the Common Areas. It is understood and agreed that all property of Tenant kept, stored or maintained in the Premises or the Project shall be at the sole risk of Tenant. Tenant agrees at its sole cost and expense to comply with all present and future laws regarding the collection, sorting, separation and recycling of waste products, garbage, refuse and trashLandlord.