Common use of TENANT'S COVENANT TO REPAIR Clause in Contracts

TENANT'S COVENANT TO REPAIR. Tenant shall be responsible for the repair, replacement and maintenance in good order and condition of all parts and components of the Premises (other than those specified for repair, replacement and maintenance by Landlord above), including without limitation the plumbing, wiring, electrical systems, HVAC system, glass and plate glass, equipment and machinery constituting fixtures, unless such repairs or replacements are required as a result of the negligence or willful misconduct of Landlord, its agents or employees and are not otherwise covered by any insurance maintained by Tenant, in which event Landlord shall be responsible for such repairs. At the end of the Term, Tenant shall return the Premises, including the HVAC system, to Landlord in substantially the same condition in which it existed as of the Commencement Date, excepting only normal wear and tear, acts of God, repairs and replacements required to be made by Landlord hereunder or required as a result of the negligent acts or willful misconduct of Landlord, its agents, employees, and contractors. Tenant’s duty to maintain the HVAC system shall specifically include the duty to enter into and maintain at Tenant’s sole expense during the entire term of this Lease a contract for the routine and periodic maintenance and regular inspection of such HVAC system, the replacement of filters as recommended and the performance of other recommended periodic servicing in accordance with applicable manufacturer’s standards and recommendations. Such contract: (a) shall be with a reputable contractor reasonably satisfactory to Landlord; (b) shall satisfy the requirements for routine and periodic maintenance, if any, necessary to keep all applicable manufacturer’s warranties in full force and effect; and (c) shall provide that in the event this Lease expires or is earlier terminated for any reason whatsoever that said contract shall be immediately terminable by Landlord or Tenant without any cost, expense or other liability on the part of Landlord. Tenant agrees to deliver a copy of the HVAC maintenance contract to Landlord within ten (10) days after the Commencement Date.

TENANT'S COVENANT TO REPAIR. Tenant shall be responsible for the repair, replacement and maintenance in good order and condition of all parts and components of the Premises (Premises, other than those specified for repair, replacement and maintenance by Landlord above)herein, including including, without limitation limitation, the plumbing, wiring, electrical systemssystem, HVAC heating system, air conditioning system, glass and plate glass, equipment and machinery constituting fixturesfixtures located within the Premises and shall keep all plumbing units, unless pipes and connections free from obstruction and protected against ice and freeing. (a) Landlord represents and warrants to Tenant that all such repairs or replacements are required as a result plumbing, wiring, electrical system, heating system, air conditioning system, glass, equipment and machinery constituting fixtures located within the Premises shall be in good working order and repair upon delivery of the negligence or willful misconduct of Landlord, its agents or employees and are not otherwise covered by any insurance maintained by Premises to Tenant, in which event Landlord shall be responsible for such repairs. At the end of the Lease Term, Tenant shall return the Premises, including the HVAC system, Premises to Landlord in substantially as good of a condition as existed at the same condition in which it existed as time all of the Commencement DateLandlord's Work was completed pursuant to Paragraph 4 herein, excepting only normal wear and tear, acts of God, God and repairs and replacements required to be made by Landlord hereunder or required as a result of the negligent acts or willful misconduct of Landlord, its agents, employees, and contractors. hereunder. (b) Tenant’s 's duty to maintain the HVAC heating and air conditioning system serving the Premises shall specifically include the duty to enter into and maintain at Tenant’s sole expense during inspect the entire term of this Lease a contract for the routine and periodic maintenance and regular inspection of such HVAC system, the replacement of to replace filters as recommended and the performance of to perform other recommended periodic servicing in accordance servicing. During the Lease Term, Tenant shall obtain and maintain a service contract with applicable manufacturer’s standards and recommendations. Such contract: (a) shall be with a reputable an independent maintenance contractor reasonably satisfactory to Landlord; (bLandlord to provide such service for the heating and air conditioning system. The service contract must include all services suggested by the applicable equipment manufacturer(s) shall satisfy the requirements for routine and periodic maintenance, if any, necessary to keep all applicable manufacturer’s warranties in full force and effect; and (c) shall provide that in the event this Lease expires or is earlier terminated for any reason whatsoever that said contract shall be immediately terminable by Landlord or Tenant without any cost, expense or other liability operation and maintenance manual(s) and must become effective on the part of Landlord. Tenant agrees to deliver a copy of the HVAC maintenance contract to Landlord within ten (10) days after the Commencement Date. (c) If any repairs required to be made by Tenant hereunder are not made within sixty (60) days after written notice delivered to Tenant by Landlord (provided no advance written notice shall be required in cases of emergency), Landlord may, at its option, make such repairs without liability to Tenant for any loss or damage which may result to Tenant's stock or business by reason of such repairs, and Tenant shall pay to Landlord immediately upon demand, as additional rent hereunder, the cost of such repairs plus five percent (5%) of the amount thereof, and failure to do so shall constitute an Event of Default of Tenant hereunder. (d) If Tenant makes any repair required hereunder the cost of which is $5,000 or more to any system, equipment or machinery which existed on the Premises as of the Commencement Date (i.e., not installed as part of Landlord's Work) and such repair is not required due to an Event of Tenant Misconduct, Tenant may amortize such expense over the useful life of such equipment (estimated to be 7 years) and pay only the portion of such expense allocated to the remainder of the Lease Term, and Landlord shall reimburse Tenant for the remainder of the cost of such repair at the end of the Lease Term.

TENANT'S COVENANT TO REPAIR. Tenant shall be responsible for the repair, replacement and maintenance in good order and condition of all parts and components of the Premises (other than those specified for repair, replacement and maintenance by Landlord above), including without limitation the plumbing, wiring, electrical systems, HVAC system, glass and plate glass, equipment and machinery constituting fixtures, unless such repairs or replacements are required as a result of the negligence negligence, misconduct or willful misconduct intentional acts or omissions of Landlord, its agents agent(s), employee(s) or employees and are not otherwise covered by any insurance maintained by Tenant, invitee(s) in which event Landlord shall be responsible for such repairs. At the end of the Term, Tenant shall return the Premises, including the HVAC system, Premises to Landlord in substantially the same as good condition in which it existed as of the Commencement Datethey were when received, excepting only normal wear and tear, acts of God, God and repairs and replacements required to be made by Landlord hereunder or required as a result of the negligent acts or willful misconduct of Landlord, its agents, employees, and contractorshereunder. Tenant’s duty to maintain the HVAC system shall specifically include the duty to enter into and maintain at Tenant’s sole expense during the entire term of this Lease a contract for the routine and periodic maintenance and regular inspection of such HVAC system, the replacement of filters as recommended and the performance of other recommended periodic servicing in accordance with applicable manufacturer’s standards and recommendations. Such contract: (a) shall be with a reputable contractor reasonably satisfactory to Landlord; (b) shall satisfy the requirements for routine and periodic maintenance, if any, necessary to keep all applicable manufacturer’s warranties in full force and effect; and (c) shall provide that in the event this Lease expires or is earlier terminated for any reason whatsoever that said contract shall be immediately terminable by Landlord or Tenant without any cost, expense or other liability on the part of Landlord. Tenant agrees to deliver a copy of the HVAC maintenance contract to Landlord within ten (10) days after the Commencement Date.

TENANT'S COVENANT TO REPAIR. Tenant shall be responsible for the repair, replacement and maintenance in good order and condition of all parts and components of the Premises (Premises, other than those specified for repair, replacement and maintenance by Landlord above), including including, without limitation limitation, the plumbing, wiring, electrical systems, HVAC systemheating systems, air conditioning systems, glass and plate glass, vandalism, doors, loading docks and overhead doors, asphalt directly in front of loading areas, sprinkler systems if any, equipment and machinery constituting fixtures, unless such repairs or replacements are required as a result of the negligence negligence, misconduct or willful misconduct intentional acts or omissions of Landlord, its agents employees, invitees or employees and are not otherwise covered by any insurance maintained by Tenant, licensees in which event Landlord shall be responsible for such repairs. At the end of the Termterm of Lease, Tenant shall return the Premises, including the HVAC system, Premises to Landlord in substantially the same as good a condition in which it existed as of the Commencement Datethey were when received, excepting only normal wear and tear, acts of God, God and repairs and replacements required to be made by Landlord hereunder hereunder. Normal wear and tear shall not include tow motor tire skid marks in warehouse area or required as a result of the negligent acts or willful misconduct of Landlorddamage to drywalls from forklifts. If necessary, its agents, employees, and contractorsLandlord will have Tenant’s space cleaned at Tenant’s expense. Tenant’s duty to maintain the HVAC system heating and air conditioning systems shall specifically include the duty to enter into inspect the systems seasonally by a licensed HVAC company, replace filters monthly and maintain to perform other recommended periodic servicing. A final inspection, upon termination of this Lease, shall be made by Landlord, to ascertain compliance and, if necessary, to determine damages by Tenant’s failure to comply with required maintenance and inspection at Tenant’s sole expense during the entire term of this Lease a contract for the routine and periodic maintenance and regular inspection of such HVAC system, the replacement of filters as recommended and the performance of other recommended periodic servicing in accordance with applicable manufacturer’s standards and recommendations. Such contract: (a) shall be with a reputable contractor reasonably satisfactory to Landlord; (b) shall satisfy the requirements for routine and periodic maintenance, if any, necessary to keep all applicable manufacturer’s warranties in full force and effect; and (c) shall provide that in the event this Lease expires or is earlier terminated for any reason whatsoever that said contract shall be immediately terminable by Landlord or Tenant without any cost, expense or other liability on the part of Landlord. Tenant agrees to deliver a copy of the HVAC maintenance contract to Landlord within ten (10) days after the Commencement Dateexpense.

TENANT'S COVENANT TO REPAIR. Tenant shall be responsible for the repair, replacement and maintenance in good order and condition of all parts and components of the Premises (other than those specified for repair, replacement and maintenance by Landlord above), including without limitation the plumbing, wiring, electrical systems, HVAC system, glass and plate glass, equipment and machinery constituting fixtures, unless such repairs or replacements are required as a result of the negligence negligence, misconduct or willful misconduct intentional acts or omissions of Landlord, its agents agent(s), employee(s) or employees and are not otherwise covered by any insurance maintained by Tenant, invitee(s) in which event Landlord shall be responsible for such repairs. At the end of the Term, Tenant shall return the Premises, including the HVAC system, Premises to Landlord in substantially the same as good condition in which it existed as of the Commencement Datethey were when received, excepting only normal wear and tear, acts of God, repairs and replacements required to be made by Landlord hereunder or required as a result of and damage by fire and other casualty and condemnation (but only to the negligent acts or willful misconduct of extent any casualty proceeds applicable to the Tenant Improvements are paid over to Landlord, its agents, employees, and contractors). Tenant’s 's duty to maintain the HVAC system shall specifically include the duty to enter into and maintain at Tenant’s 's sole expense during the entire term of this Lease a contract for the routine and periodic maintenance and regular inspection of such HVAC system, the replacement of filters as recommended and the performance of other recommended periodic servicing in accordance with applicable manufacturer’s 's standards and recommendations. Such contract: (a) shall be with a reputable contractor reasonably satisfactory to Landlord; (b) shall satisfy the requirements for routine and periodic maintenance, if any, necessary to keep all applicable manufacturer’s 's warranties in full force and effect; and (c) shall provide that in the event this Lease expires or is earlier terminated for any reason whatsoever that said contract shall be immediately terminable by Landlord or Tenant without any cost, expense or other liability on the part of Landlord. Tenant agrees to deliver a copy of the HVAC maintenance contract to Landlord within ten (10) days after the Commencement Date.

TENANT'S COVENANT TO REPAIR. Tenant shall be responsible for the repair, replacement and maintenance in good order and condition of all parts and components of the Premises (other than those specified for repair, replacement and maintenance by Landlord above), including without limitation the plumbing, wiring, electrical systems, HVAC system, glass and plate glass, equipment and machinery constituting fixtures, unless such repairs or of replacements are required as a result of the negligence negligence, misconduct or willful misconduct of Landlord, its agents or employees and are not otherwise covered by any insurance maintained by Tenant, in which event Landlord shall be responsible for such repairs. At the end of the Term, Tenant shall return the Premises, including the HVAC system, to Landlord in substantially the same condition in which it existed as of the Commencement Date, excepting only normal wear and tear, intentional acts of God, repairs and replacements required to be made by Landlord hereunder or required as a result of the negligent acts or willful misconduct of Landlord, its agents, employees, and contractors. Tenant’s duty to maintain the HVAC system shall specifically include the duty to enter into and maintain at Tenant’s sole expense during the entire term of this Lease a contract for the routine and periodic maintenance and regular inspection of such HVAC system, the replacement of filters as recommended and the performance of other recommended periodic servicing in accordance with applicable manufacturer’s standards and recommendations. Such contract: or (a) shall be with a reputable contractor reasonably satisfactory to Landlord; (b) shall satisfy the requirements for routine and periodic maintenance, if any, necessary to keep all applicable manufacturer’s 's warranties in full force and effect; and (c) shall provide that in the event this Lease expires or is earlier terminated for any reason whatsoever that said contract shall be immediately terminable by Landlord or Tenant without any cost, expense or other liability on the part of Landlord. Notwithstanding the foregoing and except as set forth below, Tenant agrees shall have no obligation to deliver make repairs or replacements of a copy capital nature to the Premises or its HVAC or utility systems, unless the need for such repair arises from the neglect, willful misconduct or abuse of Tenant, its employees, agents or contractors. Landlord shall be responsible for all such capital maintenance and repairs at Landlord's expense; provided, however, Landlord shall be entitled to amortize the HVAC maintenance contract to cost of such capital improvements over the useful life of such improvement, and Tenant shall reimburse Landlord within ten (10) days after for such amortized cost annually in the Commencement Dateform of Additional Rent.

TENANT'S COVENANT TO REPAIR. Tenant shall be responsible for the repair, replacement and maintenance in good order and condition of all parts and components of the Premises (other than those specified for repair, replacement and maintenance by Landlord in Section 9(a) above), including without limitation the plumbing, plumbing wiring, electrical systems, HVAC system, glass and plate glass, equipment and machinery constituting fixtures, unless such repairs or replacements are required as a result of the gross negligence or willful misconduct of Landlord, its agents agents, or employees and are not otherwise covered by any insurance maintained by Tenantemployees, in which event Landlord shall be responsible for such repairsrepair or replacement. At the end of the Term, Tenant shall return the Premises, including the HVAC system, Premises to Landlord in substantially the same condition in which it existed as of the Commencement Date, excepting only normal wear and tear, acts of God, and repairs and replacements required to be made by Landlord hereunder or required as a result of the negligent acts or willful misconduct of Landlord, its agents, employees, and contractorshereunder. Tenant’s duty to maintain the HVAC system shall specifically include the duty to enter into and maintain at Tenant’s sole expense during the entire term of this Lease a contract for the routine and periodic maintenance and regular inspection of such HVAC system, system the replacement of filters as recommended and the performance of other recommended periodic servicing in accordance with applicable manufacturer’s standards and recommendations. Such contract: (a) shall be with a reputable contractor reasonably satisfactory to Landlord; (b) shall satisfy the requirements for routine and periodic maintenance, if any, necessary to keep all applicable manufacturer’s warranties in full force and effect; and (c) shall provide that in the event this Lease expires or is earlier terminated for any reason whatsoever that said contract shall be immediately terminable by Landlord or Tenant without any cost, expense or other liability on the part of Landlord. Tenant agrees to deliver a copy of the HVAC maintenance contract to Landlord within ten (10) days after the Commencement Date. Landlord represents to Tenant that the HVAC system serving the Premises will be in good working order as of the Commencement Date.

TENANT'S COVENANT TO REPAIR. Tenant shall be responsible for the repair, replacement and maintenance in good order and condition of all parts and components of the Premises (Premises, other than those specified for repair, replacement and maintenance by Landlord above), including without limitation the plumbing, wiring, electrical systems, HVAC systemsystem (subject to the provisions below), glass and plate glass, and the equipment and machinery constituting fixtures, unless such repairs or replacements are required as a result of the negligence or willful intentional misconduct of Landlord, its agents agent(s), contractor(s), employee(s), invitee(s), or employees and are not otherwise covered by any insurance maintained by Tenant, subcontractor(s) in which event Landlord shall be responsible for such repairs. At the end of the Term, Tenant shall return the Premises, including the HVAC system, to Landlord in substantially the same condition in which it existed as of the Commencement Date, excepting only normal wear and tear, acts of God, repairs and replacements required to be made by Landlord hereunder or required as a result of the negligent acts or willful misconduct of Landlord, its agents, employees, and contractors. Tenant’s duty to maintain the HVAC system shall specifically include the duty to enter into and maintain at Tenant’s sole expense during the entire term of this Lease a contract contract(s) for the routine and periodic maintenance and regular inspection of such HVAC system, the replacement of filters as recommended and the performance of other recommended periodic servicing in accordance with applicable manufacturer’s standards and recommendations. Such contract: contract (a) shall be with a reputable contractor reasonably satisfactory to Landlord; (b) shall satisfy the requirements for routine and periodic maintenance, if any, necessary to keep all applicable manufacturer’s warranties in full force and effect; and (c) shall provide that in the event this Lease expires or is earlier terminated for any reason whatsoever that said contract shall be immediately terminable by Landlord or Tenant without any cost, expense or other liability on the part of Landlord. Tenant agrees Notwithstanding, Landlord shall pay up to deliver a copy $1,000 in each instance toward replacement of the HVAC maintenance contract system, any major component of the HVAC system(s) and/or any operating system (unless the same is caused by the negligence of Tenant, its employees, contractors or agents). In the event the costs for replacement of any HVAC system, any major component of the HVAC system(s) and/or any operating system not caused by the negligence of Tenant, its employees, contractors or agents is greater than $1,000 in each instance, Landlord shall pay the same which shall be amortized over the useful life of such replaced system (based upon standard accounting principles) and charged to Landlord Tenant proportionately. Tenant shall be obligated to pay all such costs within ten thirty (1030) days after the Commencement Datenotice from Landlord.

TENANT'S COVENANT TO REPAIR. Tenant shall be responsible for the repair, replacement and maintenance in good order and condition of all parts and components of the Premises (other than those specified for repair, replacement and maintenance by Landlord above), including without limitation the plumbing, wiring, electrical systems, HVAC system, glass and plate glass, equipment and machinery constituting fixtures, unless such repairs or replacements are required as a result of the negligence negligence, misconduct or willful misconduct intentional acts or omissions of Landlord, its agents agent(s) , employee(s) or employees and are not otherwise covered by any insurance maintained by Tenant, invitee(s) in which event Landlord shall be responsible for such repairs. At the end of the Term, Tenant shall return the Premises, including the HVAC system, Premises to Landlord in substantially the same as good condition in which it existed as of the Commencement Datethey were when received, excepting only normal wear and tear, acts of God, repairs and replacements required to be made by Landlord hereunder or required as a result of and damage by fire and other casualty and condemnation (but only to the negligent acts or willful misconduct of extent any casualty proceeds applicable to the Tenant Improvements are paid over to Landlord, its agents, employees, and contractors). Tenant’s 's duty to maintain the HVAC system shall specifically include the duty to enter into and maintain at Tenant’s 's sole expense during the entire term of this Lease a contract for the routine and periodic maintenance and regular inspection of such HVAC system, the replacement of filters as recommended and the performance of other recommended periodic servicing in accordance with applicable manufacturer’s 's standards and recommendations. Such contract: : (a) shall be with a reputable contractor reasonably satisfactory to Landlord; (b) shall satisfy the requirements for routine and periodic maintenance, if any, necessary to keep all applicable manufacturer’s 's warranties in full force and effect; and (c) shall provide that in the event this Lease expires or is earlier terminated for any reason whatsoever that said contract shall be immediately terminable by Landlord or Tenant without any cost, expense or other liability on the part of Landlord. Tenant agrees to deliver a copy of the HVAC maintenance contract to Landlord within ten (10) days after the Commencement Date.