Common use of Tenant’s Obligation to Maintain Clause in Contracts

Tenant’s Obligation to Maintain. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Except to the extent of Landlord’s express obligations under Section 6.2, Tenant shall, at its sole cost and expense, keep and maintain the Premises in a high standard of maintenance and repair, and in good and sanitary condition. Tenant’s maintenance and repair responsibilities herein referred to include, but are not limited to, all windows, window frames, plate glass, glazing, truck doors, plumbing systems serving only the Premises (such as water and drain lines, sinks, toilets, faucets, drains, showers and water fountains), electrical systems (such as panels, conduits, outlets, lighting fixtures, lamps, bulbs, tubes, ballasts) serving only the Premises, the heating and air conditioning distribution and temperature control systems (such as fans, air handlers, ducts, mixing boxes, thermostats, time clocks, supply and return grills) installed by Tenant and/or serving only the Premises, telecommunication systems within the Premises (including without limitation all distribution throughout the Premises from Tenant’s computer closets), telecommunication systems located outside of the Premises (including without limitation intra Building telephone, telecommunication and network cabling) installed to exclusively serve all or any portion of the Premises, all interior finishes within the Premises (including but not limited to wall coverings, window coverings, carpet, floor coverings), all partitioning, ceilings, and doors (both interior and exterior, including closing mechanisms, latches, and locks) in the Premises, skylights (if any) in the Premises, automatic fire extinguishing systems in the Premises, all other interior improvements of any nature whatsoever in the Premises and any exterior improvements installed within the grounds of the Project by Xxxxxx. Xxxxxx also agrees to provide janitorial services for the Premises. Tenant shall contract with a service company for the quarterly maintenance of the HVAC equipment, with a copy of the service contract to be furnished to Landlord within ten (10) days after opening for business, and a copy of any subsequent contracts to be furnished from time to time. If Tenant needs to access any Building system, including without limitation the Building telecommunication system, Tenant shall have the right to do so only upon the prior written consent of Landlord and by utilization of a contractor consented to by Landlord (such consents not to be unreasonably withheld, conditioned or delayed), provided that, despite any such consent by Landlord, Tenant shall remain fully responsible for the acts, omissions and negligence of any such contractor.

Tenant’s Obligation to Maintain. By taking possession Except as otherwise provided below ------------------------------- in this Section 6.1 and in Section 11 (restoration of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition damage caused by fire and repair. Except to the extent of Landlord’s express obligations under Section 6.2, other perils) Tenant shall, at its sole cost and expenseall times during the Lease Term, keep regularly inspect, service, clean, keep, and maintain the Premises in a high standard of maintenance and repairgood order, condition, and in good repair the Premises, and sanitary conditionevery part thereof. Tenant’s maintenance and repair responsibilities herein referred to 's obligations shall include, but are not limited towithout limitation, (i) all windows, window frames, plate glass, glazing, truck doors, plumbing systems serving only the Premises and sewage facilities (such as water and drain lines, including all sinks, toilets, faucets, faucets and drains, showers and water fountains), and all ducts, pipes, vents, or other parts of the HVAC or plumbing system, (ii) all fixtures, interior walls, floors, carpets and ceilings, (iii) all windows, doors, entrances, showcases, and skylights (including cleaning both interior and exterior surfaces), (iv) all electrical systems facilities and equipment (such as panels, conduits, outlets, including all lighting fixtures, lamps, bulbs, tubes, ballastsfans, vents, exhaust equipment and systems), (v) serving only any automatic fire extinguisher equipment in the Premises, (vi) all landscaping and Other Areas, (vii) the heating roof and air conditioning distribution exterior finishes of the Building, and temperature control systems (such as fans, air handlers, ducts, mixing boxes, thermostats, time clocks, supply and return grillsviii) installed by Tenant and/or all other structural elements of the Building. With respect to utility facilities serving only the Premises, telecommunication systems within the Premises (including without limitation all distribution throughout the Premises from Tenant’s computer closetselectrical wiring and conduits, gas lines, water pipes, and plumbing and sewage fixtures and pipes), telecommunication systems located Tenant shall be responsible for the maintenance and repair of any such facilities which serve the Premises, including all such facilities that are within or outside the walls, floor, or on the roof of the Premises (including without limitation intra Building. If the work affects the roof, the exterior of the Building telephoneor Other Areas, telecommunication and network cabling) installed to exclusively serve all or any portion of the building systems, any of the structural parts of the Premises, all interior finishes within or if the Premises estimated cost of any item of repair or replacement is in excess of Twenty Five Thousand Dollars and No Cents (including but not limited to wall coverings, window coverings, carpet, floor coverings$25,000.00), all partitioningthen Tenant shall first obtain Landlord's written approval of the scope of work, ceilingsplans therefor, materials to be used, and doors (both interior the contractor. All repairs and exteriorreplacements required of Tenant shall be promptly made at Tenant's own expense with new materials of like kind and quality; provided, including closing mechanismshowever, latchesthat if Tenant fails to make such repairs or replacements, Landlord may, but need not, make such repairs and replacements, and locksTenant shall pay Landlord the cost thereof, together with an additional ten percent (10%) of the cost thereof, as reimbursement to Landlord for all overhead, general conditions, fees and other actual costs or expenses arising from Landlord's management and coordination of repairs and replacements, promptly upon being billed for same. This provision shall be construed as an additional remedy given to Landlord and does not limit any other rights or remedies that Landlord may have. Notwithstanding the above, during the Extended Lease Term, Landlord shall maintain in good order, condition, and repair the roof, exterior finishes, and structural elements of the Building. The cost of any capital improvements made by Landlord to the Building during the Extended Lease Term, however, shall be amortized over the useful life of such improvements with the annual amortized cost thereof included as Additional Rent. By the Commencement Date, however, Landlord at its sole cost, will add bracing to the roof purlins in the Premises, skylights first two (if any2) in the Premises, automatic fire extinguishing systems in the Premises, all other interior improvements of any nature whatsoever in the Premises exterior (east and any exterior improvements installed within the grounds west) bays of the Project Building as set forth in Exhibit D, which is attached hereto and incorporated --------- herein by Xxxxxxthis reference (the "Roof Repairs"). Xxxxxx also agrees to provide janitorial services for the Premises. Tenant shall contract with a service company for the quarterly maintenance of the HVAC equipmentLandlord makes no representations or warranties, express or implied, with a copy of respect to the service contract to be furnished to Landlord within ten (10) days after opening for business, and a copy of any subsequent contracts to be furnished from time to time. If Tenant needs to access any Building system, including without limitation the Building telecommunication system, Tenant shall have the right to do so only upon the prior written consent of Landlord and by utilization of a contractor consented to by Landlord (such consents not to be unreasonably withheld, conditioned or delayed), provided that, despite any such consent by Landlord, Tenant shall remain fully responsible for the acts, omissions and negligence of any such contractorRoof Repairs.

Tenant’s Obligation to Maintain. By taking possession of the PremisesExcept as otherwise provided in §6.2, §11.1, and §12.3, Tenant shall be deemed responsible for the following during the Lease Term (provided, however, that any items which are stated to have be Tenant’s responsibility under this Section 6.1 where replacement is required and which replacement is a capital expense under generally accepted the Premises as being in good, sanitary order, condition and repair. Except to the extent of Landlord’s express obligations under Section 6.2, Tenant shall, at its sole cost and expense, keep and maintain the Premises in a high standard of maintenance and repairaccounting principles, and in good and sanitary condition. where the need for such replacement did not result from Tenant’s failure to carry out its maintenance and repair responsibilities herein referred to includeduties under this Lease, will be replaced by Landlord rather than Tenant and will be amortized as set forth in Section 5.4 and Tenant will pay the amortized cost thereof during the Term as set forth in Section 5.4): A. Tenant shall clean and maintain in good order, condition, and repair and replace when necessary the Premises and every part thereof, through regular inspections and servicing, including, but are not limited to: (i) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains), and all ducts, pipes, vents or other parts of the HVAC or plumbing system; (ii) all fixtures, interior walls, floors, carpets and ceilings; (iii) all windows, window framesdoors, entrances, plate glass, glazing, truck doors, plumbing systems serving only the Premises showcases and skylights (such as water including cleaning both interior and drain lines, sinks, toilets, faucets, drains, showers exterior surfaces); (iv) all electrical facilities and water fountains), electrical systems all equipment (such as panels, conduits, outlets, including all lighting fixtures, lamps, bulbs, tubes, ballastsfans, vents, exhaust equipment and systems); and (v) any automatic fire extinguisher equipment in the Premises B. With respect to utility facilities serving the Premises (including electrical wiring and conduits, gas lines, water pipes, and plumbing and sewage fixtures and pipes), Tenant shall be responsible for the maintenance and repair of any such facilities which serve only the Premises, the heating and air conditioning distribution and temperature control systems (including all such as fans, air handlers, ducts, mixing boxes, thermostats, time clocks, supply and return grills) installed by Tenant and/or serving only the Premises, telecommunication systems facilities that are within the Premises (including without limitation all distribution throughout walls or floor, or on the Premises from Tenant’s computer closets), telecommunication systems located outside of the Premises (including without limitation intra Building telephone, telecommunication and network cabling) installed to exclusively serve all or any portion roof of the Premises, all interior finishes and any part of such facility that is not within the Premises (including but not limited to wall coverings, window coverings, carpet, floor coverings), all partitioning, ceilings, and doors (both interior and exterior, including closing mechanisms, latches, and locks) in the Premises, skylights but only up to the point where such facilities join a main or other junction (if anye.g., sewer main or electrical transformer) in the Premises, automatic fire extinguishing systems in the Premises, all from which such utility services are distributed to other interior improvements of any nature whatsoever in the Premises and any exterior improvements installed within the grounds parts of the Project by Xxxxxx. Xxxxxx also agrees as well as to provide janitorial services for the Premises. Tenant shall replace any damaged or broken glass in the Premises (including all interior and exterior doors and windows) with glass of the same kind, size and quality. Tenant shall repair any damage to the Premises (including exterior doors and windows) caused by vandalism or any unauthorized entry. C. Tenant shall (i) maintain, repair and replace when necessary all HVAC equipment which services only the Premises, and shall keep the same in good condition through regular inspection and servicing, and (ii) maintain continuously throughout the Lease Term a service contract for the maintenance of all such HVAC equipment with a service company licensed HVAC repair and maintenance contractor approved by Landlord, which contract provides for the quarterly maintenance periodic inspection and servicing of the HVAC equipmentequipment at least once every 60 days during the Lease Term. Notwithstanding the foregoing, Landlord may elect at any time to assume responsibility for the maintenance, repair and replacement of such HVAC equipment which serves only the Premises. Tenant shall maintain continuously throughout the Lease Term a service contract for the washing of all windows (both interior and exterior surfaces) in the Premises with a copy contractor approved by Landlord, which contract provides for the periodic washing of all such windows at least once every 6 months during the service contract to be furnished to Landlord within ten (10) days after opening for business, and a copy of any subsequent contracts to be furnished from time to timeLease Term. If Tenant needs to access any Building system, including without limitation the Building telecommunication systemUpon Landlord’s written request, Tenant shall have the right to do so only upon the furnish Landlord with copies of all such service contracts, which shall provide that they may not be cancelled or changed without at least 30 days' prior written consent notice to Landlord, and shall provide Landlord with the written inspection report(s) upon written request by Landlord. D. All repairs and replacements required of Landlord Tenant shall be promptly made with new materials of like kind and by utilization quality. If the work affects the structural parts of a contractor consented to by Landlord (such consents not the Building or if the estimated cost of any item of repair or replacement is in excess of the Permitted Tenant's Alterations Limit, then Tenant shall first obtain Landlord's written approval of the scope of the work, plans therefore, materials to be unreasonably withheldused, conditioned and the contractor. E. It is understood that mold spores are present essentially everywhere and that mold can grow in any moist location. To prevent mold as best possible, requires prevention of moisture and good housekeeping and ventilation practices. Tenant acknowledges the necessity of housekeeping, ventilation, and moisture control (especially in kitchens, janitor’s closets, bathrooms, break rooms and around outside walls) for mold prevention, all to be conducted by Tenant. In signing this Lease, Tenant has first inspected the Premises and certifies that it has not observed mold, mildew or delayedmoisture within the Premises. Tenant agrees to immediately notify Landlord if it observes mold/mildew and/or moisture conditions (from any source, including leaks), provided thatand allow Landlord to evaluate and make recommendations and/or take appropriate corrective action if required hereunder. Tenant relieves Landlord from any liability for any bodily injury or damages to property or any other damage whatsoever caused by, despite any such consent alleged to be caused by, or associated with moisture or the growth of or occurrence of mold or mildew on the Premises. In addition, execution of this Lease constitutes acknowledgement by Landlord, Tenant shall remain fully responsible for the acts, omissions that control of moisture and negligence of any such contractor.mold prevention are integral to its Lease obligations. 6.2

Tenant’s Obligation to Maintain. By taking possession Except as otherwise provided in Article 11 regarding the restoration of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition damage caused by fire and repair. Except to the extent of Landlord’s express obligations under Section 6.2other perils, Tenant shall, at its sole cost and expenseall times during the Lease Term, keep clean, keep, and maintain the Premises in a high standard of maintenance and repairgood order, condition, and in good repair the Leased Premises and sanitary condition. Tenant’s maintenance every part thereof, through regular inspections and repair responsibilities herein referred to includeservicing, including but are not limited toto (i) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains) and all ducts, pipes, vents or other parts of the HVAC or plumbing system, (ii) all fixtures, interior walls, floors, carpets, and ceilings, (iii) all windows, window framesdoors, entrances, plate glass, glazingshowcases, truck doors, plumbing systems serving only the Premises and skylights (such as water including cleaning both interior and drain lines, sinks, toilets, faucets, drains, showers and water fountainsexterior surfaces), (iv) all electrical systems (such as panelsfacilities, conduitswiring and equipment, outlets, including lighting fixtures, lamps, bulbs, bulbs and tubes, ballasts) serving only the Premises, the heating and air conditioning distribution and temperature control systems (such as fans, air handlersvents, ductsexhaust equipment and systems, mixing boxes, thermostats, time clocks, supply and return grills(v) installed by Tenant and/or any automatic fire extinguisher equipment in the Leased Premises. With respect to utility facilities serving only the Premises, telecommunication systems within the Leased Premises (including without limitation all distribution throughout the Premises from Tenant’s computer closetselectrical wiring and conduits, gas lines, water pipes, and plumbing and sewage fixtures and pipes), telecommunication systems located outside Tenant shall be responsible for the maintenance and repair of any such facilities which serve only the Leased Premises, including all such facilities that are within the walls, floor, or roof of the Premises (including without limitation intra Building telephone, telecommunication and network cabling) installed to exclusively serve all or any portion of the Premises, all interior finishes within the Premises (including but not limited to wall coverings, window coverings, carpet, floor coverings), all partitioning, ceilings, and doors (both interior and exterior, including closing mechanisms, latches, and locks) in the Premises, skylights (if any) in the Premises, automatic fire extinguishing systems in the Premises, all other interior improvements of any nature whatsoever in the Leased Premises and any exterior improvements installed part of such facilities that is not within the grounds Leased Premises, but only up to the point where such facilities join a main or other junction (e.g., sewer main or electrical transformer) from which such utility services are distributed to other parts of the Project by Xxxxxx. Xxxxxx also agrees Property as well as to provide janitorial services for the Leased Premises. Tenant shall contract replace any damaged or broken glass in the Leased Premises (including all interior and exterior doors, windows, and showcases) with a service company for the quarterly maintenance glass of the same kind, size, and quality. Tenant shall repair any damage to the Leased Premises (including exterior doors and windows) caused by vandalism or any unauthorized entry. Tenant shall maintain, repair and replace when necessary all HVAC equipment, equipment which serves only the Leased Premises and shall keep the same in good condition through regular inspection and servicing and all repairs and replacements required of Tenant shall be promptly made with a copy new materials of like kind and quality. If the work affects the structural parts or exterior of the service contract Building, or if the estimated cost of any item of repair or replacement exceeds One Thousand Dollars ($1,000.00), then Tenant shall first obtain Landlord's written approval of the scope of the work, plans therefor, materials to be furnished to Landlord within ten (10) days after opening for businessused, and a copy of any subsequent contracts to be furnished from time to time. If Tenant needs to access any Building system, including without limitation the Building telecommunication system, Tenant shall have the right to do so only upon the prior written consent of Landlord and by utilization of a contractor consented to by Landlord (such consents not to be unreasonably withheld, conditioned or delayed), provided that, despite any such consent by Landlord, Tenant shall remain fully responsible for the acts, omissions and negligence of any such contractor.

Tenant’s Obligation to Maintain. By taking possession Except as otherwise provided in Section 11 (restoration of the Premises, Tenant shall be deemed to have accepted the Premises as being damage caused by fire and other perils) and in good, sanitary order, condition and repair. Except to the extent of Section 6.2 (Landlord’s express obligations under Section 6.2's maintenance obligations), Tenant shall, at its sole cost and expense, keep at all times during the Lease Term, regularly inspect, service clean, keep, and maintain the Premises in a high standard of maintenance and repairgood order, condition, and in good and sanitary condition. Tenant’s maintenance and repair responsibilities herein referred to include, but are not limited to, all windows, window frames, plate glass, glazing, truck doors, plumbing systems serving only the Premises (such as water and drain lines, sinks, toilets, faucets, drains, showers and water fountains), electrical systems (such as panels, conduits, outlets, lighting fixtures, lamps, bulbs, tubes, ballastsi) serving only the Premises, and every part thereof within the heating exterior demising walls, foundation and air conditioning distribution and temperature control systems (such as fans, air handlers, ducts, mixing boxes, thermostats, time clocks, supply and return grills) installed by Tenant and/or serving only roof of the Premises, telecommunication systems (ii) all plate glass within the Premises and, to the extent damaged by the negligence or willful misconduct of Tenant or its agents, employees, contractors, sublessees, or invitees or the use (other than customary office uses) of the Premises by Tenant, the plate glass constituting the exterior walls of the Premises, (iii) all damage caused to the Property by (a) the misuse or use (other than office use) of the Premises during the Lease Term, (b) a breach of Tenant's obligations under this Lease, or (c) the negligence or willful misconduct of Tenant or its agents, employees, invitees or sublessees, (iv) the utility facilities serving the Premises (including without limitation all distribution throughout electrical wiring and conduits, gas lines, HVAC, water pipes, building safety equipment, and plumbing and sewage fixtures and pipes) within or outside the Premises from Tenant’s computer closets)walls, telecommunication systems located outside floor, or on the roof of the Premises up to the point where such facilities join a main or other junction (including without limitation intra Building telephonee.g., telecommunication and network cablingsewer main or electrical transformer) installed from which such utility services are distributed to exclusively serve other parts of the Property as well as to the Premises, (v) all damage caused to the Property, or any portion thereof, as a consequence of the Premisesnegligence, willful misconduct or use (other than customary office use) of the Premises by Tenant, or its agents, employees, contractors or invitees, including without limitation, all interior finishes within damage to the roof caused by the installation, maintenance or operation of a HVAC unit placed thereon by Tenant as part of Tenant's Work, and (vi) all Tenant's Work. All repairs and replacements required of Tenant shall be promptly made with new materials of like kind and quality; except that Landlord may elect to undertake, at Tenant's cost, any repair required to the building shell, electrical, HVAC, plumbing, gas, building safety, sewer, water, or other building systems, the exterior glass, the roof, or any Common Area, which would otherwise be the obligation of Tenant hereunder. Tenant shall reimburse Landlord for the cost of such repairs on or before the seventh (7th) day following delivery of written demand for payment. If the work affects the structural parts of the Premises or the utility facilities or if the estimated cost of any item of repair or replacement is in excess of Two Thousand Five Hundred Dollars (including but not limited to wall coverings, window coverings, carpet, floor coverings$2,500), all partitioningthen Tenant shall first obtain Landlord's written approval of the scope of work, ceilingsplans therefor, materials to be used, and doors the contractor. Notwithstanding the foregoing, (both interior i) Tenant shall not be responsible for the performance or any cost of repair and exteriormaintenance: (a) necessitated solely by the acts of any other tenants of the Property or their agents, including closing mechanismsemployees or contractors; (b) necessitated by the occurrence of any act of God or the exercise of the power of eminent domain; (c) for which the Landlord has obtained reimbursement from others; (d) to remove, latchesinvestigate or remediate Hazardous Materials not introduced to the Premises by Tenant, its employees, agents, representatives, contractors or invitees, and locks(ii) in the Premises, skylights (if any) in the Premises, automatic fire extinguishing systems in the Premises, all other interior improvements of Tenant shall be responsible for replacing any nature whatsoever HVAC units placed in the Premises and any exterior improvements installed within by Tenant, but shall not be required to perform the grounds replacement of the Project by Xxxxxx. Xxxxxx also agrees to provide janitorial services for HVAC packages serving the Premises. Such replacement shall be performed by Landlord and Tenant shall contract with a service company reimburse Landlord on the first day of each month during the lease term for the quarterly maintenance its portion of the HVAC equipment, with total cost of such replacement. Tenant's share shall be the monthly installment that would be necessary to amortize a copy loan in the principal amount of the service contract to be furnished to Landlord within replacement cost with interest at the rate of ten percent (10%) days after opening for business, and a copy per annum over the useful life of any subsequent contracts to be furnished from time to time. If Tenant needs to access any Building system, including without limitation the Building telecommunication system, Tenant shall have the right to do so only upon the prior written consent of Landlord and by utilization of a contractor consented to by Landlord (such consents not to be unreasonably withheld, conditioned or delayed), provided that, despite any such consent by Landlord, Tenant shall remain fully responsible for the acts, omissions and negligence of any such contractorreplacement.