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

Tenant’s Obligation to Repair. (1) The Tenant shall, at its sole cost and expense, and at all times throughout the Term, keep and maintain the whole of the Demised Premises, and every part thereof, in first class condition and repair having regard to buildings of similar age and quality, and to the same accessibility and energy efficiency levels met by the Demised Premises on the Commencement Date, all as determined by the Landlord in its sole discretion. Without limiting the generality of the foregoing the Tenant shall promptly repair, replace and maintain and shall conduct routine, scheduled and preventative maintenance, in all cases as would a prudent owner, on and to: (a) the structure of the Building including the roof and roof membrane, windows, interior concrete slab floors and exterior walls; (b) any capital repairs to the Demised Premises; (c) the Building Systems; (d) all components of the exterior of the Demised Premises; and, (e) interior of the Demised Premises including the Residential Units, all trade fixtures, improvements and equipment in the Demised Premises and the Residential Units, other than property owned by a Licensee. Notwithstanding the foregoing, any repairs or replacements during the period beginning from the Commencement Date until [DATE that is two years from the substantial performance of work under construction contract], that arise from deficiencies related to the construction of the Demised Premises and which are covered under a warranty provided by the design-builder of the Demised Premises to the Landlord, shall not be the responsibility of the Tenant, to the extent that such repairs or replacements are covered by such warranty. (2) The Tenant shall at all times keep the Demised Premises in a neat and orderly condition, maintain in first class condition all landscaping and exterior areas, and keep all areas clear of ice and snow including any adjacent public areas as required by law, as would a prudent owner. (3) In the event that the Landlord determines that any condition existing or potentially existing on the Demised Premises creates a risk to life, health or safety, the Tenant shall, at its own cost and expense, effect any repairs, maintenance or other modifications to the Demised Premises required to alleviate such condition as communicated by the Landlord to the Tenant.

Tenant’s Obligation to Repair. (1) The Tenant shall, at its sole cost and expense, and at all times throughout the Term, keep and maintain the whole of the Demised Premises, and every part thereof, in first class condition and repair having regard to buildings of similar age and quality, and to the same accessibility and energy efficiency levels met by the Demised Premises on the Commencement Date, Date all as determined by the Landlord in its sole discretion. Without limiting the generality of the foregoing the Tenant shall promptly repair, replace and maintain and shall conduct routine, scheduled and preventative maintenance, in all cases as would a prudent ownerowner in a manner consistent with its proximity to an institutional hospital building, on and to: (a) the structure of the Building including the roof and roof membrane, windows, interior concrete slab floors and exterior walls; (b) any capital repairs to the Demised Premises; (c) the Building Systems; (d) all components of the exterior of the Demised Premises; (e) the Storage Tank Infrastructure ; and, (ef) interior of the Demised Premises including the Residential Units, all trade fixtures, improvements and equipment in the Demised Premises and the Residential Units, other than property owned by a Licensee. Notwithstanding the foregoing, any repairs or replacements during the period beginning from the Commencement Date until [DATE that is two years from the substantial performance of work under construction contract], that arise from deficiencies related to the construction of the Demised Premises and which are covered under a warranty provided by the design-builder of the Demised Premises to the Landlord, shall not be the responsibility of the Tenant, to the extent that such repairs or replacements are covered by such warranty. (2) The Tenant shall at all times keep the Demised Premises in a neat and orderly condition, maintain in first class condition all landscaping and exterior areas, and keep all areas clear of ice and snow including any adjacent public areas as required by law, as would a prudent owner. (3) In the event that the Landlord determines that any condition existing or potentially existing on the Demised Premises creates a risk to life, health or safety, the Tenant shall, at its own cost and expense, effect any repairs, maintenance or other modifications to the Demised Premises required to alleviate such condition as communicated by the Landlord to the Tenant.

Tenant’s Obligation to Repair. (1a) The Tenant shallagrees, at its sole cost and expense, and at all times throughout the Term, keep to repair and maintain the whole Premises in good order and condition, including but not limited to the non-structural portions of the Demised Premises, and every part thereofincluding store front, in first class condition and repair having regard to buildings of similar age and qualityloading areas, and to the same accessibility and energy efficiency levels met by the Demised Premises on the Commencement Dateshow windows, all as determined by the Landlord in its sole discretion. Without limiting the generality of the foregoing the Tenant shall promptly repair, replace and maintain and shall conduct routine, scheduled and preventative maintenance, in all cases as would a prudent owner, on and to: (a) the structure of the Building including the roof and roof membranedoors, windows, interior concrete slab floors plate and exterior walls;window glass, ceilings, floor coverings, Tenant's HVAC systems, and the plumbing, sprinkler, electric and sewage systems, facilities, appliances, lighting fixtures and other systems and improvements located within or exclusively serving the Premises. In addition, Tenant shall be responsible, at its sole expense, for the repair and maintenance of its rooftop HVAC unit(s) (if any) and any other equipment or improvement located outside the Premises which is constructed or installed by Tenant or at Tenant's request. Tenant shall obtain Landlord's prior consent before making any repair or performing any maintenance which may adversely affect any aspect of the Shopping Center's operation. (b) During the entire term, Tenant agrees to maintain, at Tenant's sole cost, a maintenance contract with an independent HVAC contractor approved by Landlord covering at least the routine items of maintenance for Tenant's HVAC systems as are recommended by the manufacturer of such systems, provided that the cost thereof at all times shall be reasonable and competitive. Tenant agrees to provide Landlord with a copy of such HVAC service contract within thirty (30) days following the Term Commencement Date. Further, Tenant agrees during the entire term of this Lease to use the sprinkler service company designated by Landlord for any capital repairs to or maintenance required for Tenant's sprinkler system, provided that the Demised Premises;cost thereof at all time shall be reasonable and competitive. (c) If repairs are required to be made by Tenant pursuant to the Building Systems;terms of the Lease, Landlord may demand (but shall not be required to do so) that Tenant make the same forthwith, and if Tenant refuses or neglects to commence to such repairs and complete the same with reasonable dispatch after such demand, Landlord may make or cause such repairs to be made and shall not be responsible to Tenant for any loss or damage that may accrue to its stock or business by reason thereof. If Landlord makes or causes such repairs to be made, Tenant agrees that it will, on demand, pay as Additional Rent to Landlord, the cost thereof, and an eighteen percent (18%) administration fee, and if Tenant defaults in such payment, Landlord shall have the remedies provided in Article 15 hereof. Likewise, if repairs are required under the terms hereof to be made by Landlord and it fails or refuses after twenty (20) days' notice and demand by Tenant to commence such repairs and thereafter diligently prosecute same to completion, then Tenant shall have the right to make such required repairs. Landlord shall reimburse Tenant for the cost of such repairs within twenty (20) days after receipt by Landlord of evidence of payment therefor by Tenant; however, Tenant shall have no right to offset such costs against the payment of Fixed Annual Minimum Rent, Percentage Rent or Additional Rent. (d) all components If Tenant's use of the exterior of the Demised Premises; and, (e) interior of the Demised Premises including the Residential Unitsrequires a grease trap, all trade fixturesTenant agrees to maintain, improvements at Tenant's sole cost, a maintenance contract with an independent service contractor approved by Landlord to inspect, clean and equipment in the Demised Premises and the Residential Units, other than property owned by a Licensee. Notwithstanding the foregoing, any repairs or replacements during the period beginning from the Commencement Date until [DATE that is two years from the substantial performance of work under construction contract], that arise from deficiencies related to the construction of the Demised Premises and which are covered under a warranty provided by the design-builder of the Demised Premises to the Landlord, shall not repair such grease trap at such intervals as may be the responsibility of the Tenant, to the extent that such repairs or replacements are covered by such warranty. (2) The Tenant shall at all times keep the Demised Premises in a neat and orderly condition, maintain in first class condition all landscaping and exterior areas, and keep all areas clear of ice and snow including any adjacent public areas as required by law, as would Tenant's use but in no event less frequently than once a prudent ownermonth. (3) In the event that the Landlord determines that any condition existing or potentially existing on the Demised Premises creates a risk to life, health or safety, the Tenant shall, at its own cost and expense, effect any repairs, maintenance or other modifications to the Demised Premises required to alleviate such condition as communicated by the Landlord to the Tenant.

Tenant’s Obligation to Repair. (1) The AND MAINTAIN ------------------------------------------ A. Tenant shall, at its sole cost and expense, and shall at all times throughout the Termclean, keep and maintain in good order, condition and repair the whole of the Demised Premises, Premises and every part thereof, in first class condition including without limitation all plumbing and repair having regard to buildings sewage facilities within the Premises, fixtures, interior walls, floors, ceilings, windows, roofing membrane, doors, entrances, plate glass, showcases, skylights, all electrical facilities and equipment, including without limitation lighting fixtures, lamps, fans and any exhaust equipment and systems, and automatic fire extinguisher equipment within the Premises, electrical motors and all other appliances and equipment of similar age every kind and nature located in, upon or about the Premises, except as otherwise provided hereunder. All glass, both interior and exterior is at the sole risk of Tenant, and any broken glass shall promptly be replaced by Tenant at Tenant's expense with glass of the same kind, size and quality. Tenant shall obtain heating, ventilating and air conditioning systems preventive maintenance contract with quarterly service, which shall be subject to the same accessibility reasonable approval of Landlord and energy efficiency levels met paid for by the Demised Premises on the Commencement DateTenant, all as determined by the Landlord in its sole discretion. Without limiting the generality which shall provide for and include without limitation replacement of the foregoing filters, oiling and lubricating of machinery, parts replacements, adjustment of drive belts, or changes and other preventive maintenance; provided, however, that the Tenant shall promptly repairhave the benefit of all warranties available to landlord regarding the equipment in said systems. Tenant agrees to assign to Landlord any warranties obtained by Tenant for the roof membrane upon the termination of the Lease. Tenant waives the provisions of Section 1941 and 1942 of the California Civil Code and any similar or successor law regarding Tenant's right to make repairs and deduct the expenses of such repairs from the rent due under this Lease. B. Unless the same is caused by the negligence or willful misconduct of Landlord or any of its agents, replace and maintain and employees or contractors, Landlord shall conduct routinenot be liable to Tenant or to any other person for any damage occasioned by a failure in any utility system or by the bursting or leaking of any vessel or pipe in or about the Premises, scheduled and preventative maintenanceor for any damage occasioned by water coming into the Premises or arising from the acts of neglect of occupants of adjacent property, or the public. C. Notwithstanding anything to the contrary contained in this lease, in all cases the event of the failure of the HVAC equipment and it is not reasonably economical to repair the same, then Landlord shall replace the failed equipment as would a prudent owner, on and tofollows: (i) the replacement shall be made with improvements, materials and/or equipment which are of a type and quality equal to or better than the items that are being replaced, and (ii) such replacements shall be made at its sole expense, but the cost thereof shall be amortized and Tenant shall pay additional rent on account of such amortization in accordance with the following procedures: the cost of such replacement shall be amortized on a straight line basis for ten (10) years with interest on the unamortized balance at either (a) if Landlord borrows the structure needed funds, the then prevailing market rate Landlord would pay if it borrowed funds to perform such replacement work from a Institutional Lender (as defined below), or (v) if Landlord does not borrow such funds, the annual rate of ten percent (10%) or the maximum rate allowed by Law, whichever is less. Landlord shall inform Tenant of the Building including monthly amortized payment required to amortize such cost and shall also provide Tenant with the roof and roof membraneinformation upon which such determination is made. As additional rent, windows, interior concrete slab floors and exterior walls; Tenant shall pay an amount equal to such monthly amortization payment for each month after such replacement is completed until the first to occur of (b) any capital repairs to the Demised Premises; (ci) the Building Systems; (d) all components expiration of the exterior term of the Demised Premises; and, Lease, or (eii) interior the end of the Demised Premises including term over which such costs were amortized. The amount of such additional rent that Tenant is to pay shall be due at the Residential Units, all trade fixtures, improvements and equipment in the Demised Premises and the Residential Units, other than property owned by a Licensee. Notwithstanding the foregoing, any repairs or replacements during the period beginning from the Commencement Date until [DATE that same time rent is two years from the substantial performance of work under construction contract], that arise from deficiencies related to the construction of the Demised Premises and which are covered under a warranty provided by the design-builder of the Demised Premises to the Landlord, shall not be the responsibility of the Tenant, to the extent that such repairs or replacements are covered by such warrantydue. (2) The D. Tenant shall at all times clean, keep the Demised Premises in a neat and orderly condition, maintain in first class good order, condition all landscaping and exterior areas, and keep all areas clear of ice and snow including any adjacent public areas as required by law, as would a prudent owner. (3) In the event that the Landlord determines that any condition existing or potentially existing on the Demised Premises creates a risk to life, health or safetyrepair, the Tenant shallparking and landscaping areas associated with the Premises including without limitation, at its own cost fences, landscape irrigation systems parking lot and expense, effect any repairs, maintenance or other modifications to the Demised Premises required to alleviate such condition as communicated by the Landlord to the Tenantstriping.