Common use of Tenant Responsibilities Clause in Contracts

Tenant Responsibilities. Throughout the Term, Tenant shall, at its sole cost and expense: (i) both (x) maintain and preserve, in first-class condition (subject to normal and customary wear and tear), and (y) perform any and all repairs and replacements required in order to so maintain and preserve, in first class condition, the Premises and the fixtures and appurtenances therein (including, but not limited to, the Premises' plumbing and HVAC systems, all doors, overhead or otherwise, glass and levelers located in the Premises or otherwise available in the Property for Tenant's sole use; and excluding, however, only those specific components of the Premises for which Landlord is expressly responsible under SECTION 13.2); and (ii) except to the extent Landlord elects to repair and maintain the HVAC systems as part of General Maintenance Services (as hereinafter defined), maintain, in full force and effect, a preventative maintenance and service contract with a reputable service provider for maintenance of the HVAC systems of the Premises (the "HVAC MAINTENANCE CONTRACT"). The terms and provisions of any such HVAC Maintenance Contract shall require that the service provider maintain the Premises' HVAC system in accordance with the manufacturer's recommendations and otherwise in accordance with normal, customary and reasonable practices in the geographic area in which the Premises is located and for HVAC systems comparable to the Premises' HVAC system. In addition to Tenant's obligations under (i) and (ii) above, Tenant shall also be responsible for all costs and expenses incurred to perform any and all repairs and replacements (whether structural or non-structural; interior or exterior; and ordinary or extraordinary), in and to the Premises and the Property and the facilities and systems thereof, if and to the extent that the need for such repairs or replacements arises directly or indirectly from any or all of: (a) the performance or existence of any Alterations, (b) the installation, use or operation of Tenant's Property in the Premises, (c) the moving of Tenant's Property in or out of the Property, and (d) any act, omission, misuse, or neglect of Tenant, any of its subtenants, or others entering into the Premises by act or omission of Tenant or any subtenant. Any repairs or replacements required to be made by Tenant to any or all of the structural components of the Property and the mechanical, electrical, sanitary, HVAC, or other systems of the Property or Premises shall be performed by appropriately licensed contractors approved by Landlord, which approval shall not be unreasonably withheld. All such repairs or replacements shall be subject to the supervision and control of Landlord, and all repairs and replacements shall be made with materials of equal or better quality than the items being repaired or replaced.

Tenant Responsibilities. Throughout the Term, Tenant shall, at its sole cost and expense: (i) both (x) maintain and preserve, in first-class condition (subject to normal and customary wear and tear), and (y) perform any and all repairs and replacements required in order to so maintain and preserve, in first class condition, the Premises and the fixtures and appurtenances therein (including, but not limited to, the Premises' ’ plumbing and HVAC systems, all doors, overhead or otherwise, glass and levelers located in the Premises or otherwise available in the Property for Tenant's ’s sole use; and excluding, however, only those specific components of the Premises for which Landlord is expressly responsible under SECTION Section 13.2); and (ii) except to the extent Landlord elects to repair and maintain the HVAC systems as part of General Maintenance Services (as hereinafter defined), maintain, in full force and effect, a preventative maintenance and service contract with a reputable service provider for maintenance of the HVAC systems of the Premises (the "“HVAC MAINTENANCE CONTRACT"Maintenance Contract”). The terms and provisions of any such HVAC Maintenance Contract shall require that the service provider maintain the Premises' ’ HVAC system in accordance with the manufacturer's ’s recommendations and otherwise in accordance with normal, customary and reasonable practices in the geographic area in which the Premises is located and for HVAC systems comparable to the Premises' ’ HVAC system. In addition to Tenant's ’s obligations under (i) and (ii) above, Tenant shall also be responsible for all costs and expenses incurred to perform any and all repairs and replacements (whether structural or non-structural; interior or exterior; and ordinary or extraordinary), in and to the Premises and the Property and the facilities and systems thereof, if and to the extent that the need for such repairs or replacements arises directly or indirectly from any or all of: (a) the performance or existence of any Alterations, (b) the installation, use or operation of Tenant's ’s Property in the Premises, (c) the moving of Tenant's ’s Property in or out of the Property, and (d) any act, omission, misuse, or neglect of Tenant, any of its subtenants, or others entering into the Premises by act or omission of Tenant or any subtenant. Any repairs or replacements required to be made by Tenant to any or all of the structural components of the Property and the mechanical, electrical, sanitary, HVAC, or other systems of the Property or Premises shall be performed by appropriately licensed contractors approved by Landlord, which approval shall not be unreasonably withheld. All such repairs or replacements shall be subject to the supervision and control of Landlord, and all repairs and replacements shall be made with materials of equal or better quality than the items being repaired or replaced.

Tenant Responsibilities. Throughout Except for events of damage, destruction or casualty to the Premises or Property (which are addressed in Section 18), throughout the Term, Tenant shall, at its sole cost and expense: (i) both (x) maintain and preserve, in first-class condition a good and safe condition, repair and appearance (subject to normal and customary wear and tearthe “Required Condition”), and (y) perform any and all repairs and replacements required in order to so maintain and preserve, in first class conditionthe Required Condition, the Premises and the fixtures and appurtenances therein (including, but not limited to, the Premises' ’ plumbing and HVAC systems, all doors, overhead or otherwise, glass and levelers located in the Premises or otherwise available in the Property for Tenant's ’s sole use; and excluding, however, only those specific components of the Premises for which Landlord is expressly responsible under SECTION 13.2Section 13.1.4); and (ii) except to the extent Landlord elects to repair and maintain the HVAC systems as part of General Maintenance Services (as hereinafter defined)Services, maintain, in full force and effect, a preventative maintenance and service contract with a reputable service provider for quarterly maintenance of the HVAC systems of the Premises (the "HVAC MAINTENANCE CONTRACT"). The terms and provisions of any such “HVAC Maintenance Contract shall require that the service provider maintain the Premises' HVAC system in accordance with the manufacturer's recommendations and otherwise in accordance with normal, customary and reasonable practices in the geographic area in which the Premises is located and for HVAC systems comparable to the Premises' HVAC systemContract”). In addition to Tenant's ’s obligations under (i) and (ii) above, Tenant shall also be responsible for all costs and expenses incurred to perform any and all repairs and replacements (whether structural or non-structural; interior or exterior; and ordinary or extraordinary), in and to the Premises and the Property and the facilities and systems thereof, if and to the extent that the need for such repairs or replacements arises directly or indirectly from any act, omission, misuse, or neglect of any or all of: of Tenant, any of its subtenants, any Tenant’s Parties, or others entering into, or utilizing, all or any portion of the Premises for any reason or purpose whatsoever, including, but not limited to (a) the performance or existence of any Alterations, (b) the installation, use or operation of Tenant's ’s Property in the Premises, ; and (c) the moving of Tenant's ’s Property in or out of the PropertyProperty (collectively, and (d) any act, omission, misuse, or neglect of Tenant, any of its subtenants, or others entering into the Premises by act or omission of Tenant or any subtenant. Any repairs or replacements required to be made by Tenant to any or all of the structural components of the Property and the mechanical, electrical, sanitary, HVAC, or other systems of the Property or Premises shall be performed by appropriately licensed contractors approved by Landlord, which approval shall not be unreasonably withheld“Tenant- – 11 – Related Repairs”). All such repairs or replacements required under this Section 13 shall be subject to the supervision and control of Landlord, and all repairs and replacements shall be made with materials of equal or better quality than the items being repaired or replaced.

Tenant Responsibilities. Throughout Subject to Landlord’s obligation to complete the Landlord’s Work, except for events of damage, destruction or casualty to the Premises or Property (which are addressed in Section 18), throughout the Term, Tenant shall, at its sole cost and expense: (i) both (x) maintain and preserve, in first-class condition a good and safe condition, repair and appearance (subject to normal and customary wear and tearthe “Required Condition”), and (y) perform any and all repairs and replacements required in order to so maintain and preserve, in first class conditionthe Required Condition, the Premises and the fixtures and appurtenances therein (including, but not limited to, the Premises' ’ plumbing and HVAC systems, all doors, overhead or otherwise, glass and levelers located in the Premises or otherwise available in the Property for Tenant's ’s sole use; and excluding, however, only those specific components of the Premises for which Landlord is expressly responsible under SECTION 13.2Section 13.1.4); and (ii) except to the extent Landlord elects to repair and maintain the HVAC systems as part of General Maintenance Services (as hereinafter defined)Services, maintain, in full force and effect, a preventative maintenance and service contract with a reputable service provider for quarterly maintenance of the HVAC systems of the Premises (the "HVAC MAINTENANCE CONTRACT"). The terms and provisions of any such “HVAC Maintenance Contract shall require that the service provider maintain the Premises' HVAC system in accordance with the manufacturer's recommendations and otherwise in accordance with normal, customary and reasonable practices in the geographic area in which the Premises is located and for HVAC systems comparable to the Premises' HVAC systemContract”). In addition to Tenant's ’s obligations under (i) and (ii) above, Tenant shall also be responsible for all costs and expenses incurred to perform any and all repairs and replacements (whether structural or non-structural; interior or exterior; and ordinary or extraordinary), in and to the Premises and the Property and the facilities and systems thereof, if and to the extent that the need for such repairs or replacements arises directly or indirectly from any act, omission, misuse, or neglect of any or all of: of Tenant, any of its subtenants, any Tenant’s Parties, or others entering into, or utilizing, all or any portion of the Premises for any reason or purpose whatsoever, including, but not limited to (a) the performance or existence of any Alterations, (b) the installation, use or operation of Tenant's ’s Property in the Premises, ; and (c) the moving of Tenant's ’s Property in or out of the PropertyProperty (collectively, and (d) any act, omission, misuse, or neglect of “Tenant, any of its subtenants, or others entering into the Premises by act or omission of Tenant or any subtenant. Any repairs or replacements required to be made by Tenant to any or all of the structural components of the Property and the mechanical, electrical, sanitary, HVAC, or other systems of the Property or Premises shall be performed by appropriately licensed contractors approved by Landlord, which approval shall not be unreasonably withheld-Related Repairs”). All such repairs or replacements required under this Section 13.1.1 shall be subject to the supervision and control of Landlord, and all repairs and replacements shall be made with materials of equal or better quality than the items being repaired or replaced.

Tenant Responsibilities. Throughout the Term, Tenant shall, at its sole cost and expense: (i) expense both (x) maintain and preserve, in first-class its existing condition as of the date Tenant occupies the Premises whether such date of occupancy is the Commencement Date or an earlier date pursuant to Section 2.2 (subject to normal and customary wear and tear), and (y) perform any and all repairs and replacements required in order to so maintain and preserve, in first class its existing condition, the Premises and the fixtures and appurtenances therein (including, but not limited to, the Premises plumbing, all fire protection and security systems and devices located in the Premises' plumbing and HVAC systems, all doors, overhead or otherwise, glass and levelers located in the Premises or otherwise available in the Property for Tenant's sole ’s exclusive use; and excluding, however, only those specific components of the Premises for which Landlord is expressly responsible under SECTION Section 13.2); and (ii) except to the extent Landlord elects to repair and maintain the HVAC systems as part of General Maintenance Services (as hereinafter defined), maintain, in full force and effect, a preventative maintenance and service contract with a reputable service provider for maintenance of the HVAC systems of the Premises (the "HVAC MAINTENANCE CONTRACT"). The terms and provisions of any such HVAC Maintenance Contract shall require that the service provider maintain the Premises' HVAC system in accordance with the manufacturer's recommendations and otherwise in accordance with normal, customary and reasonable practices in the geographic area in which the Premises is located and for HVAC systems comparable to the Premises' HVAC system. In addition to Tenant's ’s obligations under (i) and (ii) above, Tenant shall also be responsible for all costs and expenses incurred to perform any and all repairs and replacements (whether structural or non-structural; interior or exterior; capital or otherwise; and ordinary or extraordinary), in and to the Premises and the Property and the facilities and systems thereof, if and to the extent that the need for such repairs or replacements arises directly or indirectly from any or all of: (a) the performance or existence of any Alterations, (b) the installation, use or operation of Tenant's ’s Property in the Premises, (c) the moving of Tenant's ’s Property in or out of the Property, and (d) any act, omission, misuse, or neglect of Tenant, any of its subtenants, or others entering into the Premises by act or omission of Tenant or any subtenant. Any repairs or replacements required to be made by Tenant to any or all of the structural components of the Property and the mechanical, electrical, sanitary, HVAC, sanitary or other systems of the Property or Premises shall be performed by appropriately licensed contractors approved by Landlord, which approval shall not be unreasonably withheld. All such repairs or replacements shall be subject to the supervision and control of Landlord, and all repairs and replacements shall be made with materials of equal or better quality than the items being repaired or replaced.

Tenant Responsibilities. Throughout Except for events of damage, destruction or casualty to the TermPremises or Property (which are addressed in Section 18), throughout the Term and subject to Landlord’s maintenance, replacement, and restoration obligations under this Lease, Tenant shall, at its sole cost and expense: (i) both (x) maintain and preserve, in first-class condition (the same condition, repair and appearance, subject to normal and customary wear and teartear (the “Required Condition”), and (y) perform any and all repairs and replacements required in order to so maintain and preserve, in first class conditionthe Required Condition, the Premises and the fixtures and appurtenances therein (including, but not limited to, the Premises' ’ plumbing (inclusive of any plumbing leaks in the slab, foundation or walls of the Premises) and HVAC systems, all doors, overhead or otherwise, glass and levelers located in the Premises or otherwise available in the Property for Tenant's ’s sole use; and excluding, however, only those specific components of the Premises for which Landlord is expressly responsible under SECTION Section 13.2); and (ii) except to the extent Landlord elects to repair and maintain the HVAC systems as part of General Maintenance Services (as hereinafter defined), maintain, in full force and effect, a preventative maintenance and service contract with a reputable service provider approved by Landlord for maintenance of the HVAC systems of the Premises (the "HVAC MAINTENANCE CONTRACT"). The terms and provisions of any such “HVAC Maintenance Contract shall require that the service provider maintain the Premises' HVAC system in accordance with the manufacturer's recommendations and otherwise in accordance with normal, customary and reasonable practices in the geographic area in which the Premises is located and for HVAC systems comparable to the Premises' HVAC systemContract”). In addition to Tenant's ’s obligations under (i) and (ii) aboveabove to the extent such repair or replacement is not covered by Landlord’s insurance (or would have been covered if Landlord had carried the insurance required by this Lease), Tenant shall also be responsible for all costs and expenses incurred to perform any and all repairs and replacements (whether structural or non-structural; interior or exterior; and ordinary or extraordinary), in and to the Premises and the Property and the facilities and systems thereof, if and to the extent that the need for such repairs or replacements arises directly or indirectly from any act, omission, misuse, or neglect of any or all of: of Tenant, any of its subtenants, any Tenant’s Parties, or others entering into, or utilizing, all or any portion of the Premises for any reason or purpose whatsoever, including, but not limited to (a) the performance or existence of any Alterations, (b) the installation, use or operation of Tenant's ’s Property in the Premises, ; and (c) the moving of Tenant's ’s Property in or out of the PropertyProperty (collectively, and (d) any act, omission, misuse, or neglect of “Tenant, any of its subtenants, or others entering into the Premises by act or omission of Tenant or any subtenant. Any repairs or replacements required to be made by Tenant to any or all of the structural components of the Property and the mechanical, electrical, sanitary, HVAC, or other systems of the Property or Premises shall be performed by appropriately licensed contractors approved by Landlord, which approval shall not be unreasonably withheld-Related Repairs”). All such repairs or replacements required under this Section 13.1.1 shall be subject to the supervision and control of Landlord, and all repairs and replacements shall be made with materials of equal or better quality than the items being repaired or replaced.

Tenant Responsibilities. Throughout Except for events of damage, destruction or casualty to the Premises or Property (which are addressed in Section 18), throughout the Term, Tenant shall, at its sole cost and expense: (i) both (x) maintain and preserve, in first-class the same condition (as exists on the Commencement Date, subject to normal and customary wear and teartear (the “Same Condition”), and (y) perform any and all repairs and replacements required in order to so maintain and preserve, in first class conditionthe Same Condition, the Premises and the fixtures and appurtenances therein (including, but not limited to, the Premises' ’ plumbing and HVAC systems, all doors, overhead or otherwise, glass and levelers located in the Premises or otherwise available in the Property for Tenant's ’s sole use; and excluding, however, only those specific components of the Premises for which Landlord is expressly responsible under SECTION Section 13.2); and (ii) except to the extent Landlord elects to repair and maintain the HVAC systems as part of General Maintenance Services (as hereinafter defined)Services, maintain, in full force and effect, a preventative maintenance and service contract with a reputable service provider for maintenance of the HVAC systems of the Premises (the "HVAC MAINTENANCE CONTRACT"). The terms and provisions of any such “HVAC Maintenance Contract shall require that the service provider maintain the Premises' HVAC system in accordance with the manufacturer's recommendations and otherwise in accordance with normal, customary and reasonable practices in the geographic area in which the Premises is located and for HVAC systems comparable to the Premises' HVAC systemContract”). In addition to Tenant's ’s obligations under (i) and (ii) above, Tenant shall also be responsible for all costs and expenses incurred to perform any and all repairs and replacements (whether structural or non-structural; interior or exterior; and ordinary or extraordinary), in and to the Premises and the Property and the facilities and systems thereof, if and to the extent that the need for such repairs or replacements arises directly or indirectly from any act, omission, misuse, or neglect of any or all of: of Tenant, any of its subtenants, Tenant’s Parties, or others entering into, or utilizing, all or any portion of the Premises for any reason or purpose whatsoever, including, but not limited to (a) the performance or existence of any Alterations, (b) the installation, use or operation of Tenant's Property ’s personal property in the Premises, ; and (c) the moving of Tenant's Property ’s personal property in or out of the PropertyProperty (collectively, and (d) any act, omission, misuse, or neglect of “Tenant, any of its subtenants, or others entering into the Premises by act or omission of Tenant or any subtenant. Any repairs or replacements required to be made by Tenant to any or all of the structural components of the Property and the mechanical, electrical, sanitary, HVAC, or other systems of the Property or Premises shall be performed by appropriately licensed contractors approved by Landlord, which approval shall not be unreasonably withheld-Related Repairs”). All such repairs or replacements required under this Section 13.1.1 shall be subject to the supervision and control of Landlord, and all repairs and replacements shall be made with materials of equal or better quality than the items being repaired or replaced.

Tenant Responsibilities. Throughout the Term, Tenant shall, at its ------------------------ sole cost and expense: (i) both (x) maintain and preserve, in first-class condition (subject to normal and customary wear and tear), and (y) perform any and all repairs and replacements required in order to so maintain and preserve, in first class condition, the Premises and the fixtures and appurtenances therein (including, but not limited to, the Premises' plumbing and HVAC systems, all doors, overhead or otherwise, glass and levelers located in the Premises or otherwise available in the Property for Tenant's sole use; and excluding, however, only those specific components of the Premises for which Landlord is expressly responsible under SECTION Section 13.2); and (ii) except to the extent Landlord elects to repair and maintain the HVAC systems as part of General Maintenance Services (as hereinafter defined), maintain, in full force and effect, a preventative maintenance and service contract with a reputable service provider for maintenance of the HVAC systems of the Premises (the "HVAC H VAC MAINTENANCE CONTRACT"). The terms and provisions of any such HVAC Maintenance Contract shall require that the service provider maintain the Premises' HVAC system in accordance with the manufacturer's recommendations and otherwise in accordance with normal, customary and reasonable practices in the geographic area in which the Premises is located and for HVAC systems comparable to the Premises' HVAC system. In addition to Tenant's obligations under (i) and (ii) above, Tenant shall also be responsible for all costs and expenses incurred to perform any and all repairs and replacements (whether structural or non-structural; interior or exterior; and ordinary or extraordinary), in and to the Premises and the Property and the facilities and systems thereof, if and to the extent that the need for such repairs or replacements arises directly or indirectly from any or all of: (a) the performance or existence of any Alterations, (b) the installation, use or operation of Tenant's Property in the Premises, (c) the moving of Tenant's Property in or out of the Property, and (d) any act, omission, misuse, or neglect of Tenant, any of its subtenants, or others entering into the Premises by act or omission of Tenant or any subtenant. Any repairs or replacements required to be made by Tenant to any or all of the structural components of the Property and the mechanical, electrical, sanitary, HVAC, or other systems of the Property or Premises shall be performed by appropriately licensed contractors approved by Landlord, which approval shall not be unreasonably withheld. All such repairs or replacements shall be subject to the supervision and control of Landlord, and all repairs and replacements shall be made with materials of equal or better quality than the items being repaired or replaced.

Tenant Responsibilities. Throughout Except for events of damage, destruction or casualty to the Premises or Property (which are addressed in the Damage or Destruction Section of this Lease), throughout the Term, Tenant shall, at its sole cost and expense: (i) both (x) maintain and preserve, in first-class condition a good and safe condition, repair and appearance (subject to normal and customary wear and tearthe “Required Condition”), and (y) perform any and all repairs and replacements required in order to so maintain and preserve, in first class conditionthe Required Condition, the Premises and the fixtures and appurtenances therein (including, but not limited to, the Premises' ’ plumbing and HVAC systems, floor/slab, all doors, overhead or otherwise, glass and levelers located in the Premises or otherwise available in the Property for Tenant's ’s sole use; and excluding, however, only those specific components of the Premises for which Landlord is expressly responsible under SECTION 13.2as Landlord Repair Items (as hereinafter defined)); and (ii) except to the extent Landlord elects to repair and maintain the HVAC systems as part of General Maintenance Services Services, maintain, in full force and effect, the HVAC Maintenance Contract, as further described below; and (iii) except to the extent Landlord elects to repair and maintain the overhead door and dock leveler systems as hereinafter defined)part of General Maintenance Services, maintain, in full force and effect, a preventative maintenance and service contract with a reputable service provider for annual maintenance of the HVAC overhead door and dock leveler systems of the Premises (the "HVAC MAINTENANCE CONTRACT"“Overhead Door and Dock Leveler Maintenance Contract”). The terms and provisions of any such HVAC Maintenance Contract shall require that the service provider maintain the Premises' HVAC system in accordance with the manufacturer's recommendations and otherwise in accordance with normal, customary and reasonable practices in the geographic area in which the Premises is located and for HVAC systems comparable to the Premises' HVAC system. In addition to Tenant's ’s obligations under (i), (ii) and (iiiii) above, Tenant shall also be responsible for all costs and expenses incurred to perform any and all repairs and replacements (whether structural or non-structural; interior or exterior; and ordinary or extraordinary), in and to the Premises and the Property and the facilities and systems thereof, if and to the extent that the need for such repairs or replacements arises directly or indirectly from any act, omission, misuse, or neglect of any or all of: of Tenant, any of its subtenants, any Tenant’s Parties, or others entering into, or utilizing, all or any portion of the Premises for any reason or purpose whatsoever, including, but not limited to (a) the performance or existence of any Alterations, (b) the installation, use or operation of Tenant's ’s Property in the Premises, ; and (c) the moving of Tenant's ’s Property in or out of the PropertyProperty (collectively, and (d) any act, omission, misuse, or neglect of “Tenant, any of its subtenants, or others entering into the Premises by act or omission of Tenant or any subtenant. Any repairs or replacements required to be made by Tenant to any or all of the structural components of the Property and the mechanical, electrical, sanitary, HVAC, or other systems of the Property or Premises shall be performed by appropriately licensed contractors approved by Landlord, which approval shall not be unreasonably withheld-Related Repairs”). All such repairs or replacements required under this Section shall be subject to the supervision and control of Landlord, and all repairs and replacements shall be made with materials of equal or better quality than the items being repaired or replaced.

Tenant Responsibilities. Throughout Except for events of damage, destruction or casualty to the Premises or Property (which are addressed in Section 18), throughout the Term, Tenant shall, at its sole cost and expense: (i) both (x) maintain and preservepreserve the Premises, in first-class condition (subject to normal and customary wear and teartear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care) and such damage or destruction as Landlord is required to repair or restore under this Lease (the “Same Condition”), and (y) perform any and all repairs and replacements required in order to so maintain and preserve, in first class conditionthe Same Condition, the Premises and the fixtures and appurtenances therein (including, but not limited to, the Premises' ’ plumbing and HVAC systems, all doors, overhead or otherwise, glass and levelers located in the Premises or otherwise available in the Property for Tenant's ’s sole use; and excluding, however, only those specific components of the Premises for which Landlord is expressly responsible under SECTION 13.2Section Error! Reference source not found.); and (ii) except to the extent Landlord elects to repair and maintain the HVAC systems as part of General Maintenance Services (as hereinafter defined)Services, maintain, in full force and effect, a preventative maintenance and service contract with a reputable service provider for maintenance of the HVAC systems of the Premises (the "HVAC MAINTENANCE CONTRACT"). The terms and provisions of any such “HVAC Maintenance Contract shall require that the service provider maintain the Premises' HVAC system in accordance with the manufacturer's recommendations and otherwise in accordance with normal, customary and reasonable practices in the geographic area in which the Premises is located and for HVAC systems comparable to the Premises' HVAC systemContract”). In addition to Tenant's ’s obligations under (i) and (ii) above, Tenant shall also be responsible for all costs and expenses incurred to perform any and all repairs and replacements (whether structural or non-structural; interior or exterior; and ordinary or extraordinary), in and to the Premises and the Property and the facilities and systems thereof, if and to the extent that the need for such repairs or replacements arises directly or indirectly from any act, omission, misuse, or neglect of any or all of: of Tenant, any of its subtenants, Tenant’s Parties, or others entering into, or utilizing, all or any portion of the Premises for any reason or purpose whatsoever, including, but not limited to (a) the performance or existence of any Alterations, (b) the installation, use or operation of Tenant's Property ’s personal property in the Premises, ; and (c) the moving of Tenant's Property ’s personal property in or out of the PropertyProperty (collectively, and (d) any act, omission, misuse, or neglect of “Tenant, any of its subtenants, or others entering into the Premises by act or omission of Tenant or any subtenant. Any repairs or replacements required to be made by Tenant to any or all of the structural components of the Property and the mechanical, electrical, sanitary, HVAC, or other systems of the Property or Premises shall be performed by appropriately licensed contractors approved by Landlord, which approval shall not be unreasonably withheld-Related Repairs”). All such repairs or replacements required under this Section 13.1.1 shall be subject to the supervision and control of Landlord, and all repairs and replacements shall be made with materials of equal or better quality than the items being repaired or replaced.

Tenant Responsibilities. Throughout Except for events of damage, destruction or casualty to the Premises or Property (which are addressed in Section 18), throughout the Term, Tenant shall, at its sole cost and expense: (i) both (x) maintain and preserve, in first-class the same condition (as exists on the Commencement Date, subject to normal and customary wear and teartear (the “Same Condition”), and (y) perform any and all repairs and replacements required in order to so maintain and preserve, in first class conditionthe Same Condition, the Premises and the fixtures and appurtenances therein (including, but not limited to, the Premises' ’ plumbing and HVAC systems, all doors, overhead or otherwise, glass and levelers located in the Premises or otherwise available in the Property for Tenant's ’s sole use; and excluding, however, only those specific components of the Premises for which Landlord is expressly responsible under SECTION Section 13.2); and (ii) except to the extent Landlord elects to repair and maintain the HVAC systems as part of General Maintenance Services (as hereinafter defined)Services, maintain, in full force and effect, a preventative maintenance and service contract with a reputable service provider for maintenance of the HVAC systems of the Premises (the "HVAC MAINTENANCE CONTRACT"). The terms and provisions of any such “HVAC Maintenance Contract shall require that the service provider maintain the Premises' HVAC system in accordance with the manufacturer's recommendations and otherwise in accordance with normal, customary and reasonable practices in the geographic area in which the Premises is located and for HVAC systems comparable to the Premises' HVAC systemContract”). In addition to Tenant's ’s obligations under (i) and (ii) above, Tenant shall also be responsible for all costs and expenses incurred to perform any and all repairs and replacements (whether structural or non-structural; interior or exterior; and ordinary or extraordinary), in and to the Premises and the Property and the facilities and systems thereof, if and to the extent that the need for such repairs or replacements arises directly or indirectly from any or all of: (a) the performance or existence of any Alterations, (b) the installation, use or operation of Tenant's Property in the Premises, (c) the moving of Tenant's Property in or out of the Property, and (d) any act, omission, misuse, or neglect of any or all of Tenant, any of its subtenants, or others entering into the Premises by act or omission of Tenant or any subtenant. Any repairs or replacements required to be made by Tenant to any or all of the structural components of the Property and the mechanical, electrical, sanitary, HVAC, or other systems of the Property or Premises shall be performed by appropriately licensed contractors approved by Landlord, which approval shall not be unreasonably withheld. All such repairs or replacements shall be subject to the supervision and control of Landlord, and all repairs and replacements shall be made with materials of equal or better quality than the items being repaired or replacedXxxxxx’s Parties.

Tenant Responsibilities. Throughout Except for events of damage, destruction or casualty to the Premises or Property (which are addressed in Section 18), throughout the Term, Tenant shall, at its sole cost and expense: (i) both (x) maintain and preserve, in first-class the same condition (as exists on the Commencement Date, subject to normal and customary wear and teartear (the “Same Condition”), and (y) perform any and all repairs and replacements required in order to so maintain and preserve, in first class conditionthe Same Condition, the Premises and the fixtures and appurtenances therein (including, but not limited to, the Premises' ’ plumbing and HVAC systemssystems (only in the event that Tenant is the sole tenant in the Property), all doors, overhead or otherwise, glass and levelers located in the Premises or otherwise available in the Property for Tenant's ’s sole use; and excluding, however, only those specific components of the Premises for which Landlord is expressly responsible under SECTION 13.2Section 13.2 or another tenant is responsible for); and (ii) except to the extent Landlord elects to repair and maintain the HVAC systems as part of General Maintenance Services (as hereinafter defined), maintain, in full force and effect, a preventative maintenance and service contract with a reputable service provider for maintenance of the HVAC systems of the Premises (the "HVAC MAINTENANCE CONTRACT"). The terms and provisions of any such “HVAC Maintenance Contract shall require that the service provider maintain the Premises' HVAC system in accordance with the manufacturer's recommendations and otherwise in accordance with normal, customary and reasonable practices in the geographic area in which the Premises is located and for HVAC systems comparable to the Premises' HVAC systemContract”). In addition to Tenant's ’s obligations under (i) and (ii) above, Tenant shall also be responsible for all costs and expenses incurred to perform any and all repairs and replacements (whether structural or non-structural; interior or exterior; and ordinary or extraordinary), in and to the Premises and the Property and the facilities and systems thereof, if and to the extent that the need for such repairs or replacements arises directly from any act, omission, misuse, or indirectly from neglect of any or all of: of Tenant, any of its subtenants or Tenant’s Parties utilizing all or any portion of the Premises for any reason or purpose whatsoever, including, but not limited to (a) the performance or existence of any Alterations, (b) the installation, use or operation of Tenant's Property ’s personal property in the Premises, ; and (c) the moving of Tenant's Property ’s personal property in or out of the PropertyProperty (collectively, and (d) any act, omission, misuse, or neglect of “Tenant, any of its subtenants, or others entering into the Premises by act or omission of Tenant or any subtenant. Any repairs or replacements required to be made by Tenant to any or all of the structural components of the Property and the mechanical, electrical, sanitary, HVAC, or other systems of the Property or Premises shall be performed by appropriately licensed contractors approved by Landlord, which approval shall not be unreasonably withheld-Related Repairs”). All such repairs or replacements required under this Section 13.1.1 shall be subject to the reasonable supervision and control of Landlord, and all repairs and replacements shall be made with materials of equal or better quality than the items being repaired or replaced.

Tenant Responsibilities. Throughout Except for events of damage, destruction or casualty to the Premises or Property (which are addressed in Section 18), throughout the Term, Tenant shall, at its sole cost and expense: (i) both (x) maintain and preservepreserve the Premises, in first-class condition (subject to normal and customary wear and teartear (as is attributable to deterioration by reason of time and use, in spite of Tenant’s reasonable care) and such damage or destruction as Landlord is required to repair or restore under this Lease (the “Same Condition”), and (y) perform any and all repairs and replacements required in order to so maintain and preserve, in first class conditionthe Same Condition, the Premises and the fixtures and appurtenances therein (including, but not limited to, the Premises' ’ plumbing and HVAC systems, all doors, overhead or otherwise, glass and levelers located in the Premises or otherwise available in the Property for Tenant's ’s sole use; and excluding, however, only those specific components of the Premises for which Landlord is expressly responsible under SECTION 13.2)Section Error!; and (ii) except to the extent Landlord elects to repair and maintain the HVAC systems as part of General Maintenance Services (as hereinafter defined)Services, maintain, in full force and effect, a preventative maintenance and service contract with a reputable service provider for maintenance of the HVAC systems of the Premises (the "HVAC MAINTENANCE CONTRACT"). The terms and provisions of any such “HVAC Maintenance Contract shall require that the service provider maintain the Premises' HVAC system in accordance with the manufacturer's recommendations and otherwise in accordance with normal, customary and reasonable practices in the geographic area in which the Premises is located and for HVAC systems comparable to the Premises' HVAC systemContract”). In addition to Tenant's ’s obligations under (i) and (ii) above, Tenant shall also be responsible for all costs and expenses incurred to perform any and all repairs and replacements (whether structural or non-structural; interior or exterior; and ordinary or extraordinary), in and to the Premises and the Property and the facilities and systems thereof, if and to the extent that the need for such repairs or replacements arises directly or indirectly from any act, omission, misuse, or neglect of any or all of: of Tenant, any of its subtenants, Tenant’s Parties, or others entering into, or utilizing, all or any portion of the Premises for any reason or purpose whatsoever, including, but not limited to (a) the performance or existence of any Alterations, (b) the installation, use or operation of Tenant's Property ’s personal property in the Premises, ; and (c) the moving of Tenant's Property ’s personal property in or out of the PropertyProperty (collectively, and (d) any act, omission, misuse, or neglect of “Tenant, any of its subtenants, or others entering into the Premises by act or omission of Tenant or any subtenant. Any repairs or replacements required to be made by Tenant to any or all of the structural components of the Property and the mechanical, electrical, sanitary, HVAC, or other systems of the Property or Premises shall be performed by appropriately licensed contractors approved by Landlord, which approval shall not be unreasonably withheld-Related Repairs”). All such repairs or replacements required under this Section 13.1.1 shall be subject to the supervision and control of Landlord, and all repairs and replacements shall be made with materials of equal or better quality than the items being repaired or replaced.

Tenant Responsibilities. Throughout Except for events of damage, destruction or casualty to the Premises or Property that are addressed in Section 18, throughout the Term, Tenant shall, at its sole cost and expense: (i) expense both (x) maintain and preserve, in first-class the same condition (as exists on the Commencement Date, subject to normal and customary wear and teartear (the “Same Condition”), and (y) perform any and all repairs and replacements required in order to so maintain and preserve, in first class conditionthe Same Condition, the Premises and the fixtures and appurtenances therein (including, but not limited to, the Premises' plumbing ’ plumbing, electrical and HVAC systems, all doors, overhead or otherwise, glass and levelers located in the Premises or otherwise available in the Property for Tenant's ’s sole use; and excluding, however, only those specific components of the Premises for which Landlord is expressly responsible to perform under SECTION Section 13.2); and (ii) except to the extent Landlord elects to repair and maintain the HVAC systems as part of General Maintenance Services (as hereinafter defined), maintain, in full force and effect, a preventative maintenance and service contract with a reputable service provider for maintenance of the HVAC systems of the Premises (the "HVAC MAINTENANCE CONTRACT"). The terms and provisions of any such HVAC Maintenance Contract shall require that the service provider maintain the Premises' HVAC system in accordance with the manufacturer's recommendations and otherwise in accordance with normal, customary and reasonable practices in the geographic area in which the Premises is located and for HVAC systems comparable to the Premises' HVAC system. In addition to Tenant's ’s obligations under (i) and (ii) above, Tenant shall also be responsible for all costs and expenses incurred to perform any and all repairs and replacements (whether structural or non-structural; interior or exterior; and ordinary or extraordinary), in and to the Premises and the Property and the facilities and systems thereof, if and to the extent that the need for such repairs or replacements arises directly or indirectly from any act, omission, misuse, or neglect of any or all of: of Tenant, any of its subtenants or the Tenant Parties, or others entering into, or utilizing, all or any portion of the Premises for any reason or purpose whatsoever, including, but not limited to (a) the performance or existence of any Alterations, (b) the installation, use or operation of Tenant's ’s Property in the Premises, Premises and (c) the moving of Tenant's ’s Property in or out of the Property, and (d) any actcollectively, omission, misuse, or neglect of “Tenant, any of its subtenants, or others entering into the Premises by act or omission of Tenant or any subtenant. Any repairs or replacements required to be made by Tenant to any or all of the structural components of the Property and the mechanical, electrical, sanitary, HVAC, or other systems of the Property or Premises shall be performed by appropriately licensed contractors approved by Landlord, which approval shall not be unreasonably withheld-Related Repairs”). All such repairs or replacements required under this Section 13.1.1 shall be subject to the supervision and control of Landlord, and all repairs and replacements shall be made with materials of equal or better quality than the items being repaired or replacedreplaced and shall be performed in compliance with all of the terms and conditions set forth in Section 11(d) and the succeeding four sentences of Section 11.

Tenant Responsibilities. Throughout Except for events of damage, destruction or casualty to the Premises or Property (which are addressed in Section 18), throughout the Term, Tenant shall, at its sole cost and expense: (i) both (x) maintain and preserve, in first-class condition a good and safe condition, repair and appearance (subject to normal and customary wear and tearthe “Required Condition”), and (y) perform any and all repairs and replacements required in order to so maintain and preserve, in first class conditionthe Required Condition, the Premises and the fixtures and appurtenances therein (including, but not limited to, the Premises' ’ fire suppression system, plumbing and any sewage stoppage located in , under and above the Premises, HVAC systems, all doorsdoors (interior and exterior), overhead or otherwise, glass and levelers located in the Premises or otherwise available in the Property for Tenant's sole usePremises, lawn and landscaping, pest control, waste removal, exterior lot cleaning, janitorial, painting (interior and exterior), and snow and ice removal; and excluding, however, only those specific components of the Premises for which Landlord is expressly responsible under SECTION 13.2Section 13.1.4); and (ii) except to the extent Landlord elects to repair and maintain the HVAC systems as part of General Maintenance Services (as hereinafter defined)Services, maintain, in full force and effect, a preventative maintenance and service contract with a reputable service provider for quarterly maintenance of the HVAC systems of the Premises (the "HVAC MAINTENANCE CONTRACT"). The terms and provisions of any such “HVAC Maintenance Contract shall require that the service provider maintain the Premises' HVAC system in accordance with the manufacturer's recommendations and otherwise in accordance with normal, customary and reasonable practices in the geographic area in which the Premises is located and for HVAC systems comparable to the Premises' HVAC systemContract”). In addition to Tenant's ’s obligations under (i) and (ii) above, Tenant shall also be responsible for all costs and expenses incurred to perform any and all repairs and replacements (whether structural or non-structural; interior or exterior; and ordinary or extraordinary), in and to the Premises and the Property and the facilities and systems thereof, if and to the extent that the need for such repairs or replacements arises directly or indirectly from any act, omission, misuse, or neglect of any or all of: of Tenant, any of its subtenants, any Tenant’s Parties, or others entering into, or utilizing, all or any portion of the Premises for any reason or purpose whatsoever, including, but not limited to (a) the performance or existence of any Alterations, (b) the installation, use or operation of Tenant's ’s Property in the Premises, ; and (c) the moving of Tenant's ’s Property in or out of the PropertyPremises (collectively, and (d) any act, omission, misuse, or neglect of “Tenant, any of its subtenants, or others entering into the Premises by act or omission of Tenant or any subtenant. Any repairs or replacements required to be made by Tenant to any or all of the structural components of the Property and the mechanical, electrical, sanitary, HVAC, or other systems of the Property or Premises shall be performed by appropriately licensed contractors approved by Landlord, which approval shall not be unreasonably withheld. All such repairs or replacements shall be subject to the supervision and control of Landlord, and all repairs and replacements shall be made with materials of equal or better quality than the items being repaired or replaced-Related Repairs”).

Tenant Responsibilities. Throughout Except for events of damage, destruction or casualty to the Premises or Property (which are addressed in Section 18), throughout the Term, Tenant shall, at its sole cost and expense: (i) both (x) maintain and preserve, in first-class condition a good and safe condition, repair and appearance (subject to normal and customary wear and tearthe “Required Condition”), and (y) perform any and all repairs and replacements required in order to so maintain and preserve, in first class conditionthe Required Condition, the Premises and the fixtures and appurtenances therein (including, but not limited to, the Premises' ’ plumbing and HVAC systems, floor/slab, all doors, overhead or otherwise, glass and levelers located in the Premises or otherwise available in the Property for Tenant's ’s sole use; and excluding, however, only those specific components of the Premises for which Landlord is expressly responsible under SECTION 13.2Section 13.1.4); and (ii) except to the extent Landlord elects to repair and maintain the HVAC systems as part of General Maintenance Services (as hereinafter defined)Services, maintain, in full force and effect, a preventative maintenance and service contract with a reputable service provider for quarterly maintenance of the HVAC systems of the Premises (the "“HVAC MAINTENANCE CONTRACT"Maintenance Contract”). The terms In the event the HVAC unit(s) need to be replaced during the term of this Lease, Landlord agreed to pay for the HVAC replacement and provisions amortize over the useful life the cost of the replacement HVAC back to Tenant over the term and any such HVAC Maintenance Contract shall require that the service provider maintain the Premises' HVAC system in accordance with the manufacturer's recommendations and otherwise in accordance with normal, customary and reasonable practices in the geographic area in which the Premises is located and for HVAC systems comparable to the Premises' HVAC systemextensions thereof. In addition to Tenant's ’s obligations under (i) and (ii) above, Tenant shall also be responsible for all costs and expenses incurred to perform any and all repairs and replacements (whether structural or non-structural; interior or exterior; and ordinary or extraordinary), in and to the Premises and the Property and the facilities and systems thereof, if and to the extent that the need for such repairs or replacements arises directly or indirectly from any act, omission, misuse, or neglect of any or all of: of Tenant, any of its subtenants, any Tenant’s Parties, or others entering into, or utilizing, all or any portion of the Premises for any reason or purpose whatsoever, including, but not limited to (a) the performance or existence of any Alterations, (b) the installation, use or operation of Tenant's ’s Property in the Premises, ; and (c) the moving of Tenant's ’s Property in or out of the PropertyProperty (collectively, and (d) any act, omission, misuse, or neglect of “Tenant, any of its subtenants, or others entering into the Premises by act or omission of Tenant or any subtenant. Any repairs or replacements required to be made by Tenant to any or all of the structural components of the Property and the mechanical, electrical, sanitary, HVAC, or other systems of the Property or Premises shall be performed by appropriately licensed contractors approved by Landlord, which approval shall not be unreasonably withheld-Related Repairs”). All such repairs or replacements required under this Section 13.1.1 shall be subject to the supervision and control of Landlord, and all repairs and replacements shall be made with materials of equal or better quality than the items being repaired or replaced.

Tenant Responsibilities. Throughout Except for events of damage, destruction or casualty to the Premises or Property (which are addressed in Section 18), throughout the Term, Tenant shall, at its sole cost and expense: (i) , both (x) maintain and preservepreserve the Premises in the same condition as exists on the Commencement Date, in first-class condition (subject to normal and customary wear and teartear (the “Same Condition”), and (y) perform any and all repairs and replacements required in order to so maintain and preserve, in first class conditionthe Same Condition, the Premises and the fixtures and appurtenances therein (including, but not limited to, the Premises' ’ plumbing and HVAC systems, all doors, overhead or otherwise, glass and levelers located in the Premises or otherwise available in the Property for Tenant's ’s sole use; and excluding, however, only those specific components of the Premises for which Landlord is expressly responsible under SECTION Section 13.2); and (ii) except to the extent Landlord elects to repair and maintain the HVAC systems as part of General Maintenance Services (as hereinafter defined), maintain, in full force and effect, a preventative maintenance and service contract with a reputable service provider for maintenance of the HVAC systems of the Premises (the "HVAC MAINTENANCE CONTRACT"). The terms and provisions of any such HVAC Maintenance Contract shall require that the service provider maintain the Premises' HVAC system in accordance with the manufacturer's recommendations and otherwise in accordance with normal, customary and reasonable practices in the geographic area in which the Premises is located and for HVAC systems comparable to the Premises' HVAC system. In addition to Tenant's ’s obligations under (i) and (ii) abovethe preceding sentence, Tenant shall also be responsible for all costs and expenses incurred to perform any and all repairs and replacements (whether structural or non-structural; interior or exterior; and ordinary or extraordinary), in and to the Premises and the Property and the facilities and systems thereof, if and to the proportionate extent that the need for such repairs or replacements arises directly from any negligence act or indirectly from omission, misuse, or neglect of any or all of: of Tenant, any of its subtenants, Tenant’s Parties, or others (exclusive, however, of Landlord and any parties within Landlord’s control) entering into, or utilizing, all or any portion of the Premises for any reason or purpose whatsoever, including, but not limited to (a) the performance or existence of any Alterations, (b) the installation, use or operation of Tenant's Property ’s personal property in the Premises, ; and (c) the moving of Tenant's Property ’s personal property in or out of the PropertyProperty (collectively, and (d) any act, omission, misuse, or neglect of “Tenant, any of its subtenants, or others entering into the Premises by act or omission of Tenant or any subtenant. Any repairs or replacements required to be made by Tenant to any or all of the structural components of the Property and the mechanical, electrical, sanitary, HVAC, or other systems of the Property or Premises shall be performed by appropriately licensed contractors approved by Landlord, which approval shall not be unreasonably withheld-Related Repairs”). All such repairs or replacements required under this Section 13.1.1 shall be subject to the reasonable supervision and control of Landlord, and all repairs and replacements shall be made with materials of equal or better quality than the items being repaired or replaced.