Common use of Tenant’s Duties Clause in Contracts

Tenant’s Duties. Tenant shall at its sole cost (i) maintain, repair, replace, and repaint, all in first class condition, all portions of the Premises (except those portions of the Premises to be maintained by Landlord as expressly set forth below), (ii) arrange for the removal of trash from the Premises, (iii) furnish reasonable janitorial services within the Premises, (iv) maintain and repair any plate-glass windows appurtenant to the Premises and all interior and exterior doors, including roll-up doors, (v) maintain, repair, and replace the heating, air-conditioning, and ventilation system (“HVAC”) exclusively serving the Premises including establishment of a maintenance contract for the periodic inspection, maintenance, and replacement, as necessary, of the HVAC system exclusively serving the Premises, and Tenant shall provide Landlord with a copy of said contract within ten (10) days after Tenant’s opening of the Premises for business, as well as a copy of any additional or supplemental contracts within ten (10) days of their execution. Notwithstanding the foregoing, Landlord, at Landlord’s option and upon written notification to Tenant, may elect to maintain a HVAC service contract on Tenant’s behalf, the cost of which shall be billed to Tenant in conjunction with the Lease Expenses. Regardless of Landlord’s or Tenant’s obligations for the establishment of a HVAC service contract, Tenant shall be responsible for making all the arrangements for, and direct payment of the costs of, all repairs and replacements to the HVAC system, (vi) maintain a pest and termite control service agreement with respect to the Premises, reasonably acceptable to Landlord, (vii) maintain and repair all telephone lines and wiring exclusively serving the Premises whether in the Premises or not and utilizing such contractors as approved by Landlord, and all electrical fixtures, panels, wiring, transformers, conduits, lighting fixtures, lamps, and tubes exclusively serving the Premises (whether located within or outside of the Premises), and (viii) maintain, repair, and/or replace any water heating systems, sewer lines, plumbing lines, and any grease traps exclusively serving the Premises, using a professional cleaning company for grease trap service on a schedule 525-937-A, B and C Landmark National Ban—Revised 8-16-01 Standard Shopping Lease FINAL 8-16-01 Landlord /s/ [ILLEGIBLE] Tenant /s/ [ILLEGIBLE] acceptable to Landlord. Tenant shall provide Landlord with current copies of such cleaning contracts throughout the Term. Tenant is additionally liable for any damage to the Project resulting from the acts or omissions of Tenant or Tenant’s Invitees, including, without limitation, any damage to the roof or damage relating to a roof penetration caused by Tenant or Tenant’s Invitees and any actual or consequential damage to the Premises, Building, or Project arising from Tenant’s use of the Premises, Tenant’s personal property, or systems or equipment serving the Premises that are the responsibility of Tenant to maintain, repair and replace. If Tenant fails to maintain, repair, replace, or repaint any portion of the Premises as provided above, or if Tenant or Tenant’s Invitees damage any portion of the Project, then Landlord may, at its election, maintain, repair, replace, or repaint any such portion of the Premises or the Project and Tenant shall promptly reimburse Landlord for Landlord’s actual cost thereof, plus a supervisory fee in the amount of ten percent (10%) of such actual cost as additional rent. Landlord, at Landlord’s sole discretion, may require Tenant to use specific contractors or construction/repair techniques for the purpose of maintaining warranties or the integrity of the Premises or the Project.

Tenant’s Duties. By entry hereunder, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at its sole cost (i) maintainand expense, repair, replace, keep and repaint, all in first class condition, all portions of the maintain said Premises and every part thereof (except those portions of the Premises to be maintained by Landlord as expressly set forth below)exterior walls, (iifoundations and roofs) arrange for the removal of trash from the Premises, (iii) furnish reasonable janitorial services within the Premises, (iv) maintain and repair any plate-glass windows appurtenant to the Premises and all interior and exterior doors, including roll-up doors, (v) maintain, repair, and replace the heating, air-conditioning, and ventilation system (“HVAC”) exclusively serving the Premises including establishment of a maintenance contract for the periodic inspection, maintenance, and replacement, as necessary, of the HVAC system exclusively serving the Premises, and Tenant shall provide Landlord with a copy of said contract within ten (10) days after Tenant’s opening of the Premises for business, as well as a copy of any additional or supplemental contracts within ten (10) days of their execution. Notwithstanding the foregoing, Landlord, at Landlord’s option and upon written notification to Tenant, may elect to maintain a HVAC service contract on Tenant’s behalf, the cost of which shall be billed to Tenant in conjunction with the Lease Expenses. Regardless of Landlord’s or Tenant’s obligations for the establishment of a HVAC service contract, Tenant shall be responsible for making all the arrangements for, and direct payment of the costs of, all repairs and replacements to the HVAC system, (vi) maintain a pest and termite control service agreement with respect to the Premises, reasonably acceptable to Landlord, (vii) maintain and repair all telephone lines and wiring exclusively serving the Premises whether in the Premises or not and utilizing such contractors as approved by Landlord, and all electrical fixtures, panels, wiring, transformers, conduits, lighting fixtures, lamps, and tubes exclusively serving the Premises (whether located within or outside of the Premises), and (viii) maintain, repair, and/or replace any water heating systems, sewer lines, plumbing lines, and any grease traps exclusively serving the Premises, using a professional cleaning company for grease trap service on a schedule 525-937-A, B and C Landmark National Ban—Revised 8-16-01 Standard Shopping Lease FINAL 8-16-01 Landlord /s/ [ILLEGIBLE] Tenant /s/ [ILLEGIBLE] acceptable to Landlord. Tenant shall provide Landlord with current copies of such cleaning contracts throughout the Term. Tenant is additionally liable for any damage to the Project resulting from the acts or omissions of Tenant or Tenant’s Invitees, including, without limitation, any damage to glazing, storefront, walls, floors, window casements, ceilings, doors, electrical wiring conduits, and equipment, including lighting fixtures, plumbing, pipes, air conditioning, heating and sewer facilities, and the roof or damage relating to a roof penetration caused by Tenant or Tenant’s Invitees and any actual or consequential damage to the Premises, Building, or Project arising from Tenant’s use interior of the Premises, in good and sanitary order, condition and repair. Tenant shall obtain a service contract for repairs and maintenance of said system, at Tenant’s personal property's sole cost and expense, said maintenance contract to conform with the requirements of the warranty, if any, on said system, and to furnish copies and evidence of renewal thereof from time to time on Landlord's request. Where there is heating and air conditioning system separately servicing the Premises, Tenant at all times shall maintain the system in operating condition at Tenant's expense. Wherever heat generating machines or equipment are used in the Premises which may affect the temperature of any other tenant's Premises, Landlord reserves the right (i) to require Tenant to install supplementary air conditioning units in the Premises, or systems or equipment serving the Premises that are the responsibility of (ii) to require Tenant to maintaintake other measures such as insulation or relocation of equipment to alleviate any adverse effect upon such other tenant, repair and replace. If Tenant fails to maintain, repair, replace, or repaint any portion of in either case the Premises as provided above, or if Tenant or Tenant’s Invitees damage any portion of the Project, then Landlord may, at its election, maintain, repair, replace, or repaint any such portion of the Premises or the Project and Tenant shall promptly reimburse Landlord for Landlord’s actual cost thereof, plus including the cost of installation and the cost of operation and maintenance, shall be paid by Tenant. Tenant shall contract with a supervisory fee licensed HVAC contractor to service the unit, or units on a minimum basis of three times per year with a copy of the service contract to be furbished to the Lessor within ten ( 10 ) days after opening for business, and a copy on any subsequent contracts to be furnished from time to time during the term. Said service contract shall provide that the HVAC contractor shall notify owner in the amount of ten percent (10%) of such actual cost as additional rentwriting if lessee terminates said contract. Landlord, at Landlord’s sole discretion, may require Tenant to use specific contractors or construction/repair techniques Lessor shall transfer any warranties for the purpose of maintaining warranties or HVAC unit to lessee, to the integrity of the Premises or the Projectextent they are transferable.

Tenant’s Duties. Tenant shall at its sole cost and expense (i) maintain, repair, replace, and repaint, and maintain all in first class condition, all portions of the Premises (except those portions to the extent same is expressly and specifically required of the Premises to be maintained by Landlord as expressly set forth belowunder this Lease), (ii) arrange for the daily removal of trash from the Premises, (iii) furnish reasonable first class janitorial services within the Premises, (iv) maintain and repair any plate-glass windows appurtenant to within the Premises and all interior and exterior doors, including roll-up doorsdoors of the Premises, (v) maintain, repair, and replace the heating, air-conditioning, and ventilation system located within the Premises (“HVAC”that is, from their points of entry into the Premises) and any portion of same located outside the Premises and exclusively serving the Premises including establishment of (provided that Landlord provides Tenant access to same), with Tenant’s obligation with respect to HVAC to include maintaining a maintenance contract for the periodic inspection, maintenance, and replacement, as necessary, of the HVAC system exclusively serving the Premises, and Tenant shall provide service agreement relative to such systems reasonably satisfactory to Landlord with (a copy of said contract within ten (10) days after Tenant’s opening of the Premises for business, as well as a copy of any additional or supplemental contracts within ten (10) days of their execution. Notwithstanding the foregoing, Landlord, at Landlord’s option and upon written notification which Tenant shall furnish to Tenant, may elect to maintain a HVAC service contract on Tenant’s behalf, the cost of which shall be billed Landlord prior to Tenant in conjunction with opening for business to the Lease Expenses. Regardless of Landlord’s or Tenant’s obligations for the establishment of a HVAC service contract, Tenant shall be responsible for making all the arrangements forpublic), and direct payment of the costs of, all repairs and replacements to the HVAC system, (vi) maintain a pest and termite control service agreement with respect to the Premises, reasonably acceptable to Landlord, (vii) maintain and repair all plumbing lines and fixtures, all telephone lines and wiring exclusively serving the Premises whether in the Premises or not and utilizing such contractors as approved by Landlord, and all electrical fixtures, panels, wiring, transformersall wiring, conduits, lighting fixtures, lamps, and tubes exclusively serving the Premises (whether located within or outside of the Premises), and (viii) maintain, repair, and/or replace any water heating systems, sewer lines, plumbing lines, and any grease traps exclusively serving the Premises, using a professional cleaning company for grease trap service on a schedule 525-937-Aand all other utility lines, B pipes, conduits, circuits, and C Landmark National Ban—Revised 8-16-01 Standard Shopping Lease FINAL 8-16-01 Landlord /s/ [ILLEGIBLE] Tenant /s/ [ILLEGIBLE] acceptable other elements providing utilities (provided that Tenant’s responsibility shall only extend to Landlord. Tenant shall provide Landlord with current copies the portion of such cleaning contracts throughout items within the TermPremises). Tenant is additionally liable for any damage to the Project Building resulting from the acts or omissions of Tenant or Tenant’s Invitees, including, without limitation, any damage to the roof or damage relating to a roof penetration caused by Tenant or Tenant’s Invitees and any actual or consequential damage to the Premises, Building, or Project arising from Tenant’s use of the Premises, Tenant’s personal property, or systems or equipment serving the Premises that are the responsibility of Tenant to maintain, repair and replaceParty. If Tenant fails to maintain, repair, replace, or repaint any portion of the Premises Premises, as provided above, and fails to cure same within the applicable cure period set forth in this Lease, or if Tenant or Tenant’s Invitees damage any Tenant Party damages any portion of the ProjectBuilding, then Landlord may, at its election, maintain, repair, replace, or repaint any such portion of the Premises or the Project Building and Tenant shall promptly reimburse Landlord Landlord, within thirty (30) days after demand by Landlord, for Landlord’s actual cost thereof, plus a supervisory fee in the amount of ten percent (10%) of such actual cost as additional rent. Landlord, at Landlord’s sole discretion, may require Tenant to use specific contractors or construction/repair techniques for the purpose of maintaining warranties or the integrity of the Premises or the Project.

Tenant’s Duties. Tenant shall at its sole cost (i) maintain, repair, replace, and repaint, all in first class condition, all portions the interior of the Premises (except those portions of the Premises to be maintained by Landlord as expressly set forth below), (ii) arrange for the removal of trash from the Premises, (iii) furnish reasonable janitorial services within the Premises, (iv) maintain and repair any plate-glass windows appurtenant to the Premises and all interior and exterior doors, including roll-up doors, (v) maintain, repair, and replace the heating, air-conditioning, and ventilation system (“HVAC”) building systems exclusively serving the Premises including establishment and located within the Premises or the walls of a maintenance contract for the periodic inspection, maintenance, and replacement, as necessary, of the HVAC system exclusively serving the Premises, and Tenant shall provide Landlord with a copy of said contract within ten (10) days after Tenant’s opening of the Premises for business, as well as a copy of any additional or supplemental contracts within ten (10) days of their execution. Notwithstanding the foregoing, Landlord, at Landlord’s option and upon written notification damage to Tenant, may elect to maintain a HVAC service contract on Tenant’s behalf, the cost of which shall be billed to Tenant in conjunction with the Lease Expenses. Regardless of Landlord’s or Tenant’s obligations for the establishment of a HVAC service contract, Tenant shall be responsible for making all the arrangements for, and direct payment of the costs of, all repairs and replacements to the HVAC system, (vi) maintain a pest and termite control service agreement with respect to the Premises, reasonably acceptable to Landlord, (vii) maintain and repair all telephone lines and wiring exclusively serving the Premises whether in the Premises or not and utilizing such contractors as approved by Landlord, and all electrical fixtures, panels, wiring, transformers, conduits, lighting fixtures, lamps, and tubes exclusively serving the Premises (whether located within or outside of the Premises), and (viii) maintain, repair, and/or replace any water heating systems, sewer lines, plumbing lines, and any grease traps exclusively serving the Premises, using a professional cleaning company for grease trap service on a schedule 525-937-A, B and C Landmark National Ban—Revised 8-16-01 Standard Shopping Lease FINAL 8-16-01 Landlord /s/ [ILLEGIBLE] Tenant /s/ [ILLEGIBLE] acceptable to Landlord. Tenant shall provide Landlord with current copies of such cleaning contracts throughout the Term. Tenant is additionally liable for any damage to the Project resulting from the acts or omissions of Tenant or any of Tenant’s 's Invitees. Tenant shall maintain all communications conduit, includingequipment, without limitation, any damage to the roof or damage relating to a roof penetration caused by Tenant or Tenant’s Invitees and any actual or consequential damage to wiring serving the Premises, Building, whether in the Premises or Project arising from not (and specifically including all of Tenant’s use Work and all wiring, equipment, and conduit located on the roof of the Building), regardless of the ownership of said conduit or wiring, subject to Landlord’s reasonable approval of Tenant’s maintenance/repair contractor and manner of maintenance/repair (but excluding those portions of the Premises which are the express responsibility of Landlord pursuant to Paragraph 10.2 below). Notwithstanding anything to the contrary contained herein, Tenant shall pay any and all maintenance and recurring costs for supplemental HVAC units exclusively serving the Premises, Tenant’s personal propertyor any portion thereof, or systems or equipment serving the Premises that are the responsibility upon presentation of Tenant to maintain, repair and replaceinvoice from Landlord. If Tenant fails to maintain, repair, replace, or repaint any portion of the Premises or the Project as provided aboveabove then following 10 days’ written notice thereof to Tenant, or if Tenant or Tenant’s Invitees damage any portion of the Project, then Landlord may, at its election, maintain, repair, replace, or repaint any such portion of the Premises or the Project and Tenant shall promptly reimburse Landlord Landlord, as Additional Rent, for Landlord’s 's actual cost thereof, plus a supervisory fee in the amount of ten percent 10% of Landlord’s actual cost. Notwithstanding the foregoing, if following Tenant’s payment (10%or performance) of its obligations under this Paragraph, Landlord receives payment from an insurer for such actual cost as additional rent. Landlordwork, at Tenant will be entitled to receive such proceeds (after Xxxxxxxx has first been fully reimbursed for its costs and expenses relative thereto including Landlord’s sole discretion, may require costs and expenses in obtaining such proceeds) to the extent Tenant to use specific contractors previously paid or construction/repair techniques for the purpose of maintaining warranties or the integrity of the Premises or the Projectincurred third party costs relative thereto.

Tenant’s Duties. Tenant shall at its sole cost and expense (i) maintain, repair, replace, and repaint, and maintain all in first class condition, all portions of the Premises (except those portions of the Premises to be maintained by Landlord as expressly set forth below)including, without limitation, Tenant's Building, (ii) arrange for the removal of trash from the Premises, (iii) furnish reasonable first class janitorial services within the PremisesTenant's Building, (iv) maintain and repair any plate-glass windows appurtenant to within the Premises and all interior and exterior doors, including roll-up doors, (v) maintain, repair, and replace the heating, air-conditioning, and ventilation system (“HVAC”) exclusively serving the Premises including establishment of a maintenance contract for the periodic inspection, maintenance, and replacement, as necessary, of the HVAC system exclusively serving in the Premises, and Tenant shall provide Landlord with including maintaining a copy of said contract within ten (10) days after Tenant’s opening of the Premises for business, as well as a copy of any additional or supplemental contracts within ten (10) days of their execution. Notwithstanding the foregoing, service agreement relative to such systems satisfactory to Landlord, at Landlord’s option and upon written notification to Tenant, may elect to maintain a HVAC service contract on Tenant’s behalf, the cost of which shall be billed to Tenant in conjunction with the Lease Expenses. Regardless of Landlord’s or Tenant’s obligations for the establishment of a HVAC service contract, Tenant shall be responsible for making all the arrangements for, and direct payment of the costs of, all repairs and replacements to the HVAC system, (vi) maintain a pest and termite control service agreement with respect to the Premises, Premises reasonably acceptable to LandlordLandlord (a copy of which Tenant shall furnish to Landlord promptly upon the execution of this Lease), and (vii) maintain and repair all plumbing lines and fixtures, all telephone lines and wiring exclusively serving the Premises whether in the Premises or not and utilizing such contractors as approved by Landlord, and all electrical fixtures, panels, wiring, transformersall wiring, conduits, lighting fixtures, lamps, and tubes exclusively serving the Premises (whether located within or outside of the Premises), and (viii) maintain, repair, and/or replace any water heating systems, sewer lines, plumbing lines, and any grease traps exclusively serving the Premises, using a professional cleaning company for grease trap service on a schedule 525-937-Aand all other utility lines, B pipes, conduits, circuits, and C Landmark National Ban—Revised 8-16-01 Standard Shopping Lease FINAL 8-16-01 Landlord /s/ [ILLEGIBLE] Tenant /s/ [ILLEGIBLE] acceptable to Landlord. Tenant shall provide Landlord with current copies of such cleaning contracts throughout the Termother elements providing utilities. Tenant is additionally liable for any damage to the Project resulting from the acts or omissions of Tenant or Tenant’s 's Invitees, including, without limitation, any damage to the roof or damage relating to a roof penetration caused by Tenant or Tenant’s Invitees and any actual or consequential damage to the Premises, Building, or Project arising from Tenant’s use of the Premises, Tenant’s personal property, or systems or equipment serving the Premises that are the responsibility of Tenant to maintain, repair and replace. If Tenant fails to maintain, repair, replace, or repaint any portion of the Premises (or the area immediately surrounding the Premises), as provided above, or if Tenant or Tenant’s 's Invitees damage any portion of the Project, then Landlord may, at its election, maintain, repair, replace, or repaint any such portion of the Premises or the Project and Tenant shall promptly reimburse Landlord for Landlord’s 's actual cost thereof, plus a supervisory fee in the amount of ten percent (10%) 15% of such actual cost as additional rent. Landlord, at Landlord’s sole discretion, may require Tenant to use specific contractors or construction/repair techniques for the purpose of maintaining warranties or the integrity of the Premises or the Projectcost.

Tenant’s Duties. Tenant shall Tenant, at its sole cost (i) maintainand expense, repair, replace, shall provide interior pest extermination services and repaint, shall maintain in a clean and sanitary condition and in a good state of repair all in first class condition, all other portions of the Premises (except those portions of the Premises to be maintained by Landlord as expressly set forth below), (ii) arrange for the removal of trash from the Premises, (iii) furnish reasonable janitorial services within the Premisesincluding, (iv) maintain but in no way limited to, all plumbing, wiring, glazing, interior and repair any plate-glass windows appurtenant to the Premises and all exterior windows, interior and exterior doors, including roll-up doorsfloors, ceilings, interior walls and the interior surface of exterior walls, all fixtures, fire protection systems, equipment and signs, except for repairs caused by the negligent acts or omissions of Landlord and its agents. Tenant shall assume the responsibility for repairs and replacement of heating and air conditioning systems (v) maintain, repair, and replace the heating, air-conditioning, and ventilation system (“HVAC”) exclusively serving servicing the Premises including establishment Premises. Without limiting the generality of the immediately preceding sentence: (a) Tenant shall replace all filters in the HVAC systems as recommended by the manufacturer’s specifications; and (b) Tenant shall have the entire heating, ventilation and air conditioning equipment maintained by a maintenance contract for the periodic inspection, maintenance, and replacementqualified or licensed HVAC contractor, as necessaryrequired, of the HVAC system exclusively serving the Premises, and but at least quarterly. Tenant shall provide Landlord with a copy of said contract the invoice or report from the company engaged for maintenance of the HVAC, giving evidence that the system has been properly maintained. If Landlord has not received from Tenant within ten thirty (1030) days after Tenant’s opening of the Premises for businessend of each quarter, as well as a copy of any additional the invoice or supplemental contracts report, then Landlord shall have the right to have the HVAC inspected and/or maintained if required by a company to be selected by Landlord. Landlord shall xxxx Tenant for the cost of this inspection and/or maintenance, which shall be paid within ten (10) days of their execution. Notwithstanding the foregoing, Landlord, at Landlord’s option and upon written notification to Tenant, may elect to maintain a HVAC service contract on Tenant’s behalf, the cost of which shall be billed to Tenant in conjunction with the Lease Expenses. Regardless receipt of Landlord’s or Tenant’s obligations for the establishment of a HVAC service contract, invoice. Landlord covenants and agrees that Tenant shall be responsible for making all have the arrangements for, and direct payment full benefit of the costs of, all repairs and replacements any warranty applicable to the HVAC system, (vi) maintain a pest and termite control service agreement with respect to the Premises, reasonably acceptable to Landlord, (vii) maintain and repair all telephone lines and wiring exclusively serving the Premises whether in the Premises or not and utilizing such contractors as approved by Landlord, and all electrical fixtures, panels, wiring, transformers, conduits, lighting fixtures, lamps, and tubes exclusively serving the Premises (whether located within or outside of the Premises), and (viii) maintain, repair, and/or replace any water heating systems, sewer lines, plumbing lines, and any grease traps exclusively serving the Premises, using a professional cleaning company other items for grease trap service on a schedule 525-937-A, B and C Landmark National Ban—Revised 8-16-01 Standard Shopping Lease FINAL 8-16-01 Landlord /s/ [ILLEGIBLE] Tenant /s/ [ILLEGIBLE] acceptable to Landlord. Tenant shall provide Landlord with current copies of such cleaning contracts throughout the Term. which Tenant is additionally liable for any damage responsible to the Project resulting from the acts or omissions of Tenant or Tenant’s Invitees, including, without limitation, any damage to the roof or damage relating to a roof penetration caused by Tenant or Tenant’s Invitees and any actual or consequential damage to the Premises, Building, or Project arising from Tenant’s use of the Premises, Tenant’s personal property, or systems or equipment serving the Premises that are the responsibility of Tenant to maintain, repair and replace. If Tenant fails to maintain, repair, replace, or repaint any portion of the Premises as provided above, or if Tenant or Tenant’s Invitees damage any portion of the Project, then Landlord may, at its election, maintain, repair, replace, or repaint any such portion of the Premises or the Project and Tenant shall promptly reimburse Landlord for Landlord’s actual cost thereof, plus a supervisory fee in the amount of ten percent (10%) of such actual cost as additional rent. Landlord, at Landlord’s sole discretion, may require Tenant to use specific contractors or construction/repair techniques for the purpose of maintaining warranties or the integrity of the Premises or the Projectmaintain under this Lease.