Common use of Tenant’s Maintenance and Repairs Clause in Contracts

Tenant’s Maintenance and Repairs. Tenant shall be responsible for its own janitorial services within the Premises, and Tenant shall arrange for its janitorial services provider to deliver office trash and refuse from the Premises to the common trash facility at the loading dock of the Building. In no event shall Tenant or its contractors, agents or service providers dispose of any laboratory refuse or waste or Hazardous Materials (as defined in Section 30) to the common trash facility or any other area in the Project. Subject to Section 13 hereof, Tenant, at its expense, shall repair, replace and maintain all portions of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls in the condition the same are in on the Commencement Date. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises.

Tenant’s Maintenance and Repairs. Tenant shall be responsible for its own janitorial services within the Premises, and Tenant shall arrange for its janitorial services provider to deliver office trash and refuse from the Premises to the common trash facility at the loading dock of the Building. In no event shall Tenant or its contractors, agents or service providers dispose of any laboratory refuse or waste or Hazardous Materials (as defined in Section 30) to the common trash facility or any other area in the Project. Subject to Section 13 hereof, Tenant, at its expense, shall repair, replace and maintain all portions of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls in the condition the same are in on the Commencement Date, reasonable wear and tear and damage by casualty excepted. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could reasonably be expected to create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises.

Tenant’s Maintenance and Repairs. Tenant shall be responsible for its own janitorial services within the Premises, and Tenant shall arrange for its janitorial services provider to deliver office trash and refuse from the Premises to the common trash facility at the loading dock of the Building. In no event shall Tenant or its contractors, agents or service providers dispose of any laboratory refuse or waste or Hazardous Materials (as defined in Section 30) to the common trash facility or any other area in the Project. Subject to Section 13 hereof, Tenant, at its sole cost and expense, shall repair, replace and at all times during the Term maintain all portions of the Premises, Premises (including, without limitation, entriesthe exterior entrances, all glass, show windows and show window moldings) and all partitions, doors, ceilingsdoor jambs, interior windowsdoor closers, interior wallsdoor hardware, fixtures, equipment and appurtenances thereof and systems therein (including, without limitation, the conduits, pipes, lines, ducts, vents and equipment for the electrical; sprinkler; lighting; and plumbing systems; all replacements or additions required pursuant to the ADA or any federal, state, county, municipal and other governmental statutes, laws, rules, orders, regulations, ordinances, judgments, decrees and injunctions affecting either the Premises or the construction, use or alteration thereof, whether now or hereafter enacted and in force.) in good order, condition and repair which such obligation shall include all required maintenance and making replacements when necessary or appropriate. Any equipment, facilities or fixtures shall, at Tenant's sole expense, be kept, repaired, maintained, and the interior side of demising walls replaced, or added to at all times by Tenant to keep same in the good order and in sanitary and safe condition the same are in on the Commencement Date. Such and repair and replacement may include capital expenditures in accordance with all governmental requirements (including the ADA) and repairs whose benefit may extend beyond the Terminsurance requirements. Tenant acknowledges that Landlord shall not be liable for any interior damage caused by roof leaks. Should Tenant fail to make any such repair repairs, replacements or replacement additions or otherwise maintain the Premises within three (3) days after written demand by Landlord, or should Tenant commence but fail to maintain the Premisescomplete any repairs, replacements or additions within a reasonable time after written demand by Landlord shall give Tenant notice of such failure. If Tenant fails (in no event to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completionexceed thirty (30) days), Landlord may perform make any such work repairs, replacements or additions, without liability to Tenant for any loss or damage that may accrue to Tenant's stock or business as a result thereof, and Tenant shall be reimbursed pay to Landlord, as Additional Rental, the costs incurred by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure in the making of such failure and shall thereafter be entitled to recover repairs, replacements or additions, together with interest at the costs Interest Rate from the date of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part commencement of the Project that results from damage caused by Tenant or any Tenant Party work to and any repair that benefits only including the Premisesdate of payment.

Tenant’s Maintenance and Repairs. Tenant, at its own cost and expense, shall keep all parts of the Premises (except for those for which Landlord is expressly responsible hereunder) maintained in good condition and repair, ordinary wear and tear, damage from casualty and condemnation excepted, and promptly make all necessary repairs and replacements (except for replacements by Landlord pursuant to Paragraph 7.2) to the Premises. Without limiting the generality of the foregoing, Tenant’s responsibility shall include (i) maintenance and repair of any portion of the electrical system which exclusively serves the Premises, above-slab plumbing, and all drainpipes and sewer line(s) exclusively serving the Premises, (ii) maintenance, repair and replacement of overhead and personnel doors, (iii) replacement of all broken or cracked glass within or on the exterior of the Premises with glass of the same quality and type, and (iv) pest control and janitorial service as reasonably necessary. Tenant shall refrain from any discharge that will damage the sewers serving the Premises. Tenant, at its own cost and expense, shall maintain and repair all hot water, heating, ventilation and air conditioning systems and equipment exclusively serving the Premises (the “HVAC System”) pursuant to manufacturer’s guidelines. As of the Commencement Date, Tenant shall, at its sole cost and expense, contract with a reputable HVAC service contractor, approved by Landlord in its reasonable discretion (the “HVAC Contractor”), to perform not less than quarterly inspections and to perform routine maintenance and repairs of the HVAC System (the “HVAC Maintenance Contract”). Tenant shall provide a copy of the HVAC Maintenance Contract to Landlord within ten (10) days after Landlord’s request therefor. At all times throughout the Lease Term, Tenant shall be solely responsible for all costs for the quarterly inspections and routine maintenance associated with the HVAC Maintenance Contract and all maintenance and repairs performed on the HVAC System, including replacement of all or any portion thereof. Tenant shall be responsible for its own janitorial services within all repairs and alterations in and to the Premises, the Building and the Park and the facilities and systems thereof, the need for which arises out of the performance or existence of any alterations made by Tenant shall arrange for its janitorial services provider to deliver office trash and refuse from the Premises or, subject to the common trash facility at the loading dock waiver of subrogation set forth in Paragraph 11.3 below, out of the Building. In no event shall act, omission, misuse or neglect of Tenant, a Tenant Party, Tenant’s subtenants or its contractorssubtenant’s employees, agents or service providers dispose of any laboratory refuse contractors. Tenant shall promptly make all repairs in or waste or Hazardous Materials (as defined in Section 30) to the common trash facility or any other area in the Project. Subject to Section 13 hereof, Tenant, at its expense, shall repair, replace and maintain all portions of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls in Building or the condition the same are in on the Commencement Date. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Park for which Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premisesis responsible.

Tenant’s Maintenance and Repairs. Except as otherwise notified to Tenant in writing to Landlord prior to the Commencement Date, Landlord hereby represents and warrants that as of the date hereof, the Improvements and all structural and non-structural elements thereof (including all electrical, mechanical, heating, ventilating, air conditioning, plumbing and other systems serving the Premises) and all entryways, driveways, walkways and parking areas are free of defects and in good repair and operating condition, normal wear and tear excepted. From and after the Commencement Date and during the Term, Tenant shall, at Tenant's sole cost and expense: (i) make non-structural repairs, replacements and renewals necessary to keep the Premises in good condition, order and repair as the same are in as of the Commencement Date, reasonable wear and tear and damage by fire or other casualty or condemnation excepted; (ii) keep all electrical, mechanical, heating, ventilating and air conditioning, plumbing and any other systems serving the Premises in good order and repair; (iii) keep all entryways, driveways, walkways and parking areas on the Premises in good order and repair, and (iv) with respect only to capital improvements constructed by Tenant under Section 5.01 below, structural repairs necessary to keep such capital improvements in good condition, order and repair, reasonable wear and tear and damage by fire or other casualty or condemnation excepted. Notwithstanding anything contained herein to the contrary, replacement of shingles, tar and gravel, membranes or other similar exterior roofing material, if required, shall be Tenant's responsibility. In the event that heating, ventilation and air conditioning systems (including furnaces) must be replaced during the Term and no violation of the representation in the first sentence of this Section 2.03 has occurred with respect to such system, then Tenant will be responsible for such replacement and the associated costs. In the event Tenant shall fail to fulfill its own janitorial services within obligations to repair and maintain the PremisesPremises in accordance with this Section 2.03, Landlord, notwithstanding anything herein to the contrary, shall have the right upon not less than thirty (30) days' prior written notice to Tenant (except in cases of emergency), to make such repairs and maintain the Premises at the expense of Tenant, and Tenant shall arrange for its janitorial services provider promptly pay to deliver office trash and refuse from Landlord the Premises to the common trash facility at the loading dock of the Building. In no event shall Tenant or its contractors, agents or service providers dispose of any laboratory refuse or waste or Hazardous Materials (as defined in Section 30) to the common trash facility or any other area in the Project. Subject to Section 13 hereof, Tenant, at its expense, shall repair, replace and maintain all portions of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls in the condition the same are in on the Commencement Date. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured actual cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premisesthereof.

Tenant’s Maintenance and Repairs. Subject to the provisions of Section 8.3, Tenant will keep and maintain the Premises and all fixtures and equipment located therein in clean, safe and sanitary condition, will take good care thereof and make all required repairs thereto, and will suffer no waste or injury thereto. At the expiration or other termination of the Lease Term, Tenant shall surrender the Premises, broom clean, in the same order and condition in which they are in on the Lease Commencement Date (or, if later, substantial completion of the Leasehold Work), permitted alterations, ordinary wear and tear and unavoidable damage by the elements excepted and except as otherwise provided in Article XVII (Damage and Destruction) and Article XVIII (Condemnation). Landlord, at its cost, shall provide and install all replacement fluorescent tubes for building standard light fixtures; all other bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant's cost and expense. Except as otherwise provided in Article XVII or Section 13.4 hereof, all injury, breakage and damage to the Premises shall be repaired by and at the sole expense of Tenant, except that Landlord shall have the right, at its option, to make such repairs and to charge Tenant for all costs and expenses reasonably incurred in connection therewith as additional rent hereunder; provided that, with respect to any such injury, breakage or damage to the Premises only, Landlord shall not, except in case of an emergency, have the right to make such repairs and charge Tenant therefor unless Tenant fails to commence such repairs within ten (10) days after the date the damage occurs (or such shorter period as may be reasonable given the nature of the damage) or Tenant fails thereafter to promptly and diligently prosecute such repairs to completion in accordance with the requirements of this Lease). The liability of Tenant for such costs and expenses shall be reduced by the amount of any insurance proceeds received by Landlord from Landlord’s and/or Tenant’s insurer on account of such injury, breakage or damage (or such proceeds as would have been available if Landlord carried all insurance required to be carried by Landlord hereunder). Notwithstanding anything contained herein to the contrary, in the case of damage to the Premises that is caused by (i) the negligence or willful misconduct of Landlord or Landlord’s employees, agents or contractors in connection with the routine maintenance and operation of the Building, or (ii) the gross negligence of Landlord or Landlord’s employees, agents or contractors in connection with the provision of maintenance or services requested by Tenant, Landlord shall be responsible for payment of a portion of the repair costs equal to the amount of the deductible under Tenant’s insurance policy, but not to exceed the amount of the deductible that would apply to a similar occurrence under Landlord’s insurance policy. Landlord shall keep and maintain the exterior and demising walls, foundations, roof, landscaped areas and common areas that form a part of the Building, and the base Building standard mechanical, electrical, HVAC plumbing and fire life safety systems, pipes and conduits that are provided by Landlord in the operation of the Building or, on a non-exclusive basis, the Premises in clean, safe, sanitary and good operating condition in accordance with standards customarily maintained by first-class office buildings located within the area bounded by New Dominion Parkway, Reston Parkway, Town Center Parkway and Dulles Toll Road in Reston, Virginia (collectively, the “Market Area”), and will make all required repairs thereto. All common or public areas of the Building and the land upon which it is situated (including without limitation the first floor lobby area and the exterior landscaping) shall be maintained by Landlord in accordance with standards customarily maintained by first-class office buildings in the Market Area. Tenant shall promptly provide Landlord with written notice of any defect or need for repairs in or about the Building of which Tenant is aware; provided, however, Landlord's obligation to repair hereunder shall not be limited to matters of which it has been given notice by Tenant. Notwithstanding any of the foregoing to the contrary, maintenance and repair of special tenant areas, facilities, finishes and equipment (including, but not limited to, any special fire protection equipment, telecommunications and computer equipment, kitchen/galley equipment, air-conditioning equipment serving the Premises only and all other furniture, furnishings and equipment of Tenant and all Alterations) shall be the sole responsibility of Tenant and shall be deemed not to be a part of the Building structure and systems. Notwithstanding anything contained herein to the contrary, in the case of damage to the Building that is caused by the negligence or willful misconduct of Tenant or any agent, employee, subtenant, contractor, customer, guest or invitee of Tenant (collectively, “Invitee”), Tenant shall be responsible for its own janitorial services within the Premises, and Tenant shall arrange for its janitorial services provider to deliver office trash and refuse from the Premises to the common trash facility at the loading dock payment of the Building. In no event shall Tenant amount by which the costs and expenses to repair exceed the insurance proceeds, if any, received by Landlord on account of such damage (or its contractors, agents or service providers dispose of any laboratory refuse or waste or Hazardous Materials (as defined in Section 30) which would have been received if Landlord maintained the insurance required to the common trash facility or any other area in the Project. Subject to Section 13 hereof, Tenant, at its expense, shall repair, replace and maintain all portions of the Premisesbe maintained by Landlord hereunder), including, without limitationbut not limited to, entriesthe amount of Landlord’s commercially reasonable deductible and any non-insured events. In undertaking any repairs, doorstesting, ceilingsadjusting or balance of any Building system, interior windowsany alterations, interior wallsadditions, and the interior side of demising walls improvements or other maintenance work in the condition Premises or in the same are Building, or in on the Commencement Date. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make exercising any such repair or replacement or fail to maintain right of access into the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may (i) perform such work activity in a manner and shall be reimbursed at a time or times that will minimize interference with Tenant’s use and occupancy of the Premises and that will not unreasonably delay or interfere with Tenant’s use and occupancy of the Premises or the performance by Tenant within 10 days after demand thereforof alterations; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of (ii) promptly repair any repair or replacement to any part of the Project that results from damage caused by Tenant or Landlord; and (iii) upon completion of such activity, restore any Tenant Party and any repair portion of the Premises that benefits only may have been collaterally affected by such activity to the Premisescondition existing before such activity.

Tenant’s Maintenance and Repairs. Subject to the provisions of Section 8.3, Tenant shall keep the Premises and every non-structural part thereof, in good order, condition and repair, making all interior repairs and replacements, above or below ground, whether ordinary or extraordinary and whether or not the need for such repairs or replacements occurs as a result of Tenant's use, any prior use, the elements or the age of such portion of the Premises, including without limiting the generality of the foregoing, all work done by Landlord, if any, to deliver the Premises, all heating, ventilation and air-conditioning systems ("HVAC"), plumbing, electrical wiring, conduits, glazing, electrical lighting facilities and equipment from time to time within the Premises, fixtures, interior walls, ceilings, roof, floors, storefront, thresholds, weather- stripping, window casements, windows, doors, plate glass and sky lights located within or upon the Premises. Tenant shall also keep, maintain and repair all alterations, additions or improvements to the Premises made by Xxxxxx as provided in Article 9. Tenant shall keep the Premises free from insects, rodents and other pests, and shall cause a licensed pest control company to perform extermination services not less often than quarterly, and Tenant shall be responsible for its own janitorial services the cost of any extermination or preventive measures in any areas adjoining the Premises necessitated as a result of infestation within the Premises. Any damage to adjacent premises caused by Tenant's use of the Premises shall be repaired at the sole cost and expense of Tenant; if Tenant fails to repair such damage after notice from Landlord, Landlord may cause the damage to be repaired and Tenant shall arrange immediately reimburse Landlord for its janitorial services provider to deliver office trash and refuse from the Premises to the common trash facility at the loading dock of the Building. In no event shall Tenant or its contractors, agents or service providers dispose of any laboratory refuse or waste or Hazardous Materials (as defined in Section 30) to the common trash facility or any other area in the Project. Subject to Section 13 hereof, Tenant, at its expense, shall repair, replace and maintain all portions of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls in the condition the same are in on the Commencement Date. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenantrepair as Additional Rent, plus fifteen percent (15%) to cover Landlord’s overhead and administrative costs. Subject to Sections 17 and 18, Tenant shall bear repair and/or replace any damage to the full uninsured cost Premises caused by breaking and entering or the criminal acts or negligence of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premisesthird party.

Tenant’s Maintenance and Repairs. Subject to the terms of Sections 4, 5.1, 6.1, 10, and 12, and except to the extent Landlord is required to perform or pay for maintenance or repairs according to those Sections, Tenant shall be responsible for its will, at Tenant’s own janitorial services within expense and at all times during the Term, maintain and repair the Premises and Tenant’s equipment, personal property and trade fixtures in the Premises, and Tenant shall arrange for its janitorial services provider any mechanical, plumbing, lighting or electrical equipment that exclusively serves the Premises, including fire sprinkler and protection systems, any interior or exterior windows, glass or plate glass, and interior or exterior glazing, doors, garage doors, and all door openers, levelers, enclosures, and other door equipment, or equipment that is installed or operated to deliver office trash and refuse from the Premises accommodate Tenant’s special requirements (such as a supplementary air conditioning unit installed to the common trash facility at the loading dock of the Building. In no event shall Tenant or its contractors, agents or service providers dispose of any laboratory refuse or waste or Hazardous Materials (as defined in Section 30) to the common trash facility or any other area cool a computer room in the ProjectPremises), in good order and repair and in a condition that complies with all applicable Laws. Subject to Section 13 hereof9.3 and 11.1, Tenant, at its expense, shall repair, replace and maintain Tenant will also be responsible for the cost of repairing all portions of damage to the Premises, includingBuilding or Common Areas (or any equipment or fixtures in or serving the same) caused by Tenant or its subtenants, without limitationor any of their respective agents, entriesemployees, doorscontractors or invitees. Any such damage may be repaired by Landlord, ceilings, interior windows, interior walls, and in which case Tenant will pay as Rent to Landlord the interior side of demising walls in the condition the same are in on the Commencement Date. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice cost of such failure. If Tenant fails repairs, including an amount sufficient to commence cure of such failure within 10 days of Landlord’s noticereimburse Landlord for overhead and supervision, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; providedthe date of Landlord’s invoice. Alternatively, however, that if at Landlord’s option Tenant will promptly and adequately repair all such failure damage under the supervision and subject to the prior reasonable approval of Landlord. All work done by Tenant creates or could create an emergencyits contractors (which contractors will be subject to Landlord’s reasonable prior written approval) is subject to Landlord’s approval and must be done in a first-class workmanlike manner using only grades of materials at least equal in quality to the materials being replaced and will comply with all insurance requirements and all applicable Laws. Tenant will not overload the electrical wiring and ventilation or utilities serving the Building and will install at Tenant’s sole expense, after first obtaining Landlord’s written approval (not to be unreasonably withheld, conditioned or delayed), any additional electrical wiring that may be required in connection with Tenant’s apparatus, equipment or fixtures. Nothing contained herein shall obligate Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of make any repair or replacement to perform any part maintenance which is the responsibility of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premisesunder this Section 6.2.