Common use of TENANT'S MAINTENANCE AND REPAIR OBLIGATIONS Clause in Contracts

TENANT'S MAINTENANCE AND REPAIR OBLIGATIONS. Tenant shall, at all times during the Term and at its sole expense, maintain, repair, and replace the Premises, including, without limitation, the roof and interior and exterior walls of the building; all plumbing, water and sewer, heating, ventilation, air conditioning and electrical facilities and equipment; all improvements, alterations, and additions, structural members, foundations, partitions, ceilings, skylights, showcases, windows, doors, storage tanks, glass and plate glass, parking areas, paving, sidewalks, landscaping, drainage, and lighting facilities; and all fixtures, equipment and facilities appurtenant to any of the foregoing, and shall maintain the foregoing in good condition and repair. Such maintenance and repair obligation shall run to all portions of the Premises, expressly including the Parking areas and the Property, and shall include items deemed to be capital improvements for tax purposes. Tenant shall be responsible for its own cleaning of the Premises (interior and exterior). Tenant shall keep the whole of the Premises in a safe, clean, sanitary, orderly and attractive condition. Tenant shall paint as reasonably needed, the interior and exterior surface of exterior walls. Tenant shall store all trash and garbage in adequate containers located on the Premises. Tenant, at its sole expense, shall arrange for the regular removal of its trash and garbage from the Premises. Notwithstanding the foregoing Tenant obligations, Landlord's sole responsibility for maintenance, repairs, and replacements (for which Landlord shall pay) shall be: (i) repairs due to defective workmanship or materials to shell and core and base systems, structure and roof installed by Landlord in the Proposed Building as delivered to Tenant, excluding any work on or attributable to Tenant's Improvements, and (ii) any reasonable and necessary repairs and replacements to the Existing Building (and its Parking area), or the site, which are occasioned solely by Landlord's construction of the Proposed Building up to its delivery to Tenant; and (iii) replacement of the roofs of the Existing Building and Proposed Building and their exteriors (exclusive of glass in the windows and doors and framing thereto which shall be Tenant's responsibility) during the first ten (10) Lease Years hereunder (Tenant to be responsible for such replacements during any Renewal Term(s); and (iv) replacement of the septic system servicing the Existing Building, Proposed Building and related Property areas during the first ten (10) Lease Years hereunder (Tenant to be responsible for such replacements during any Renewal Term(s). If the Tenant exercises its option to extend the Lease as provided hereunder, then Landlord shall also be responsible (and shall pay for) repairs to the floors slabs and structural elements which may be reasonably necessary during the extended portion of the Term. Landlord shall not be responsible for any such repairs or replacements to the extent caused by the negligence of willful misconduct of the Tenant, its employees or independent contractors or deliverymen. Specifically, Landlord shall not be responsible for any damage or wear caused to the septic system by any materials deposited by Tenant beyond normal wear and tear; it being Tenant's sole responsibility to ensure that all materials and waste products are properly disposed of and that there are: no oils, fuels, chemical cleaning agents or other caustic, biological, or hazardous materials disposed of in any manner which causes harm to the septic system. Payments for which Landlord is responsible under this paragraph shall not be included as Operating Costs under Section 5.4 hereof. Tenant shall, at its sole expenses and without limitation, promptly make all additions to or alterations or repairs or replacements in and about the Premises which may be required by federal, state and local statutes, be required by federal, state and local statutes, ordinances, regulations, orders, and directives, which may hereafter apply in any manner whatsoever to the Premises, but only after written approval of Landlord and in accordance with the provisions of this Article.

TENANT'S MAINTENANCE AND REPAIR OBLIGATIONS. Tenant shall, shall at all times during the Term of this Lease, at Tenant’s sole cost and at its sole expense, clean, keep, maintain, repair, repair and replace the Premises, including, without limitationmake necessary improvements to, the roof Premises and interior every portion thereof and exterior walls all improvements therein or thereto, in good and sanitary order and condition to the reasonable satisfaction of Landlord and in compliance with all Applicable Laws, usual wear and tear excepted. The performance of such obligations shall be subject to the requirements of Section 22.1 below. Any damage or deterioration of the building; Premises shall not be deemed usual wear and tear if the same could have been prevented by good maintenance practices by Tenant. Tenant’s repair and maintenance obligations herein shall include, but are not limited to, all plumbing, water and sewer, heating, ventilation, air conditioning and electrical facilities and equipment; all improvements, alterations, and additions, structural members, foundations, partitions, ceilings, skylights, showcases, windows, doors, storage tanks, glass and plate glass, parking areas, paving, sidewalks, landscaping, drainage, and lighting facilities; and all fixtures, equipment and facilities appurtenant to any of the foregoing, and shall maintain the foregoing in good condition and repair. Such necessary maintenance and repair obligation shall run repairs to all portions of the Premises, expressly including and all exterior entrances to the Parking areas Premises, all glass, windows, window casements, show window moldings, partitions, doors, doorjambs, door closures, hardware, fixtures, electrical lighting and outlets, plumbing fixtures, interior walls, floors, ceilings, skylights, fans and exhaust equipment, and fire extinguisher equipment and life safety and other systems to the extent located within the Premises. As part of its maintenance obligations hereunder, Tenant shall, at Landlord’s request, provide Landlord with copies of all maintenance schedules, reports and notices prepared by, for, or on behalf of Tenant. Landlord may impose reasonable restrictions and requirements with respect to repairs by Tenant, which repairs shall be at least equal in quality to the original work, and the Propertyprovisions of Section 8.3 above shall apply to all such repairs. Tenant’s obligation to repair includes the obligation to replace, as necessary, regardless of whether the benefit of such replacement extends beyond the Term. Notwithstanding the foregoing, Landlord shall have the right (but not the obligation), upon Notice to Tenant, to undertake the responsibility for maintenance and repair of automatic fire extinguisher equipment, such as sprinkler systems and alarms, and other obligations of Tenant hereunder which Landlord deems appropriate to undertake that affect the Building as a whole, in which event the cost thereof shall include items deemed be included as part of Project Costs and paid by Tenant in the manner set forth in Section 7.1. Landlord has no obligation to construct, remodel, improve, repair, decorate or paint the Premises or any improvement on or part of the Premises. Tenant shall pay for the cost of all repairs to the Premises not required to be capital improvements for tax purposes. Tenant made by Landlord and shall be responsible for its own any redecorating, remodeling, alteration, painting and carpet cleaning of other than routine vacuuming during the Premises (interior and exterior)Term. Tenant shall keep not permit or authorize any person to go onto the whole roof of the Premises in a safe, clean, sanitary, orderly and attractive condition. Tenant shall paint as reasonably needed, Building without the interior and exterior surface prior written consent of exterior walls. Tenant shall store all trash and garbage in adequate containers located on the Premises. Tenant, at its sole expense, shall arrange for the regular removal of its trash and garbage from the Premises. Notwithstanding the foregoing Tenant obligations, Landlord's sole responsibility for maintenance, repairs, and replacements (for which Landlord shall pay) shall be: (i) repairs due to defective workmanship or materials to shell and core and base systems, structure and roof installed by Landlord in the Proposed Building as delivered to Tenant, excluding any work on or attributable to Tenant's Improvements, and (ii) any reasonable and necessary repairs and replacements to the Existing Building (and its Parking area), or the site, which are occasioned solely by Landlord's construction of the Proposed Building up to its delivery to Tenant; and (iii) replacement of the roofs of the Existing Building and Proposed Building and their exteriors (exclusive of glass in the windows and doors and framing thereto which shall be Tenant's responsibility) during the first ten (10) Lease Years hereunder (Tenant to be responsible for such replacements during any Renewal Term(s); and (iv) replacement of the septic system servicing the Existing Building, Proposed Building and related Property areas during the first ten (10) Lease Years hereunder (Tenant to be responsible for such replacements during any Renewal Term(s). If the Tenant exercises its option to extend the Lease as provided hereunder, then Landlord shall also be responsible (and shall pay for) repairs to the floors slabs and structural elements which may be reasonably necessary during the extended portion of the Term. Landlord shall not be responsible for any such repairs or replacements to the extent caused by the negligence of willful misconduct of the Tenant, its employees or independent contractors or deliverymen. Specifically, Landlord shall not be responsible for any damage or wear caused to the septic system by any materials deposited by Tenant beyond normal wear and tear; it being Tenant's sole responsibility to ensure that all materials and waste products are properly disposed of and that there are: no oils, fuels, chemical cleaning agents or other caustic, biological, or hazardous materials disposed of in any manner which causes harm to the septic system. Payments for which Landlord is responsible under this paragraph shall not be included as Operating Costs under Section 5.4 hereof. Tenant shall, at its sole expenses and without limitation, promptly make all additions to or alterations or repairs or replacements in and about the Premises which may be required by federal, state and local statutes, be required by federal, state and local statutes, ordinances, regulations, orders, and directives, which may hereafter apply in any manner whatsoever to the Premises, but only after written approval of Landlord and in accordance with the provisions of this Article.