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

Tenant’s Repairs and Maintenance. In addition to the payments to -------------------------------- be made by Tenant pursuant to the provisions set forth above, and subject to the provisions of Paragraphs 10, 24 and 25 of this Lease, Tenant shall, at Tenant's sole cost and expense, keep and maintain the Premises (except as specified in Subparagraph 17(d) below), including without limitation, non-structural portions of the roof and the exterior walls of the Building, all floors, subfloors, floor coverings, windows, ceilings, interior walls, fixtures, doors, electrical and lighting equipment, plumbing, heating, air conditioning, ventilating systems, immediately loading areas and Tenant's signs, in all respects in good repair and in clean and safe condition, reasonable wear and tear excepted, and if impractical to repair then the foregoing items shall be replaced; provided, however, Landlord shall enforce, for the benefit of Tenant, any and all warranties received by Landlord during the initial construction of the Building (including the "shell mezzanine" to be constructed pursuant to Exhibit "B" to this Lease) ----------- to the extent such warranties cover items of repair for which Tenant shall be responsible. Such warranties may cover, for example, repairs necessitated by the ordinary and reasonable use of the roof surface of the Building. In addition to the foregoing, Tenant shall, at Tenant's sole cost and expense, replace, immediately upon breakage, all glass in the Premises that may be broken during the term of this Lease with glass at least equal to the specification and quality of the glass so replaced. Notwithstanding the foregoing, Landlord shall have the option, after providing Tenant written notice thirty (30) days to cure, to assume any or all of the foregoing maintenance and repair responsibilities, and to require Tenant to reimburse Landlord as Additional Rent, for the cost of all such services, together with an accounting and management services fee of five percent (5%) of the cost of such services.

Tenant’s Repairs and Maintenance. In addition to Tenant shall at all times during the payments to -------------------------------- be made by Tenant pursuant to the provisions set forth above, and subject to the provisions of Paragraphs 10, 24 and 25 of this Lease, Tenant shallTerm, at Tenant's sole cost and expense, keep and maintain all parts of the Premises (except as specified in Subparagraph 17(d) below)Premises, including the Tenant Improvements and any Alterations, in a first class, good, clean and secure condition and promptly make all necessary repairs and replacements, with materials and workmanship of the same character, kind and quality as the original, including, without limitation, non-structural portions of the roof following: (a) interior and the exterior walls of the Building, all floors, subfloors, floor coveringsglass, windows, ceilingsplate glass, window frames, window casements (including the repairing, resealing, cleaning and replacing of windows); (b) interior walls, fixtures, and exterior doors, electrical door frames and door closers; (c) interior lighting equipment(including, without limitation, light bulbs and ballasts); (d) interior demising walls and partitions (including painting and wall coverings), (e) all Tenant Systems; and (f) all Lines (defined in Paragraph 38.1). Tenant shall be responsible for providing regular janitorial service to the Premises on Business Days in accordance with the standards of Comparable Buildings. As used herein, "Tenant Systems" means all of the following, to the extent the same are installed by or on behalf of Tenant, and exclusively serve the Premises and are located in (or on the roof of) the Building: all heating, ventilation, air-conditioning, plumbing, heatingsewer, air conditioningdrainage, ventilating electrical, fire/life-safety, security and other systems and equipment, including all electrical facilities, equipment and appliances, including lighting fixtures, lamps, fans, exhaust equipment or systems, immediately loading areas and electrical motors, whenever and by whomever installed or paid for. Without limiting the foregoing, Tenant's signs, at its expense, shall (i) keep the Tenant Systems in all respects in as good repair working order and in clean and safe conditioncondition as exists upon its installation (or, reasonable if later, on the date Tenant takes possession of the Premises), subject to normal wear and tear exceptedand damage resulting from Casualty; (ii) maintain in effect, and if impractical to repair then the foregoing items shall be replaced; providedwith a contractor reasonably approved by Landlord, however, Landlord shall enforce, a contract for the benefit of Tenant, any and all warranties received by Landlord during the initial construction of the Building (including the "shell mezzanine" to be constructed pursuant to Exhibit "B" to this Lease) ----------- to the extent such warranties cover items of repair for which Tenant shall be responsible. Such warranties may cover, for example, repairs necessitated by the ordinary and reasonable use of the roof surface of the Building. In addition to the foregoing, Tenant shall, at Tenant's sole cost and expense, replace, immediately upon breakage, all glass in the Premises that may be broken during the term of this Lease with glass at least equal to the specification and quality of the glass so replaced. Notwithstanding the foregoing, Landlord shall have the option, after providing Tenant written notice thirty (30) days to cure, to assume any or all of the foregoing maintenance and repair responsibilitiesof the Tenant Systems (which contract shall require the contractor, at least once every three (3) months, to (x) inspect such Tenant Systems and provide to require Tenant to reimburse Landlord as Additional Rent, for the cost a report of all such servicesany defective conditions, together with an accounting any recommendations for maintenance, repair or parts-replacement, all in accordance with the manufacturer's recommendations, and management services fee (y) replace filters, oil and lubricate machinery, replace parts, adjust drive belts, change oil and perform other preventive maintenance, including annual maintenance of five percent duct work and interior unit drains, and annual caulking of sheet metal and re-caulking of jacks and vents); (5%iii) of the cost follow all reasonable recommendations of such services.contractor; and

Tenant’s Repairs and Maintenance. In addition 9.1. Except to the payments to -------------------------------- be made extent caused by Tenant pursuant to the provisions set forth aboveLandlord, and subject to the provisions of Paragraphs 10its agents, 24 and 25 of this Leaseor contractors, Tenant shallTenant, at Tenant's sole cost and expense, keep shall promptly make all repairs, perform all maintenance, and maintain make all replacements in and to the Premises (except as specified that are necessary or desirable to keep the Premises in Subparagraph 17(d) below)first class condition and repair, in a clean, safe and tenantable condition, and otherwise in accordance with all Laws and the requirements of this Lease. Tenant shall maintain all fixtures, furnishings and equipment, including without limitation, non-structural portions of the roof ATM’s and the exterior walls of Drive-Thru banking facilities located in, at or exclusively serving the Building, all floors, subfloors, floor coverings, windows, ceilings, interior walls, fixtures, doors, electrical and lighting equipment, plumbing, heating, air conditioning, ventilating systems, immediately loading areas and Tenant's signsPremises, in all respects in good repair clean, safe and in clean and safe sanitary condition, reasonable wear and tear excepted, shall take good care thereof and if impractical to repair then make all required repairs and replacements thereto. Without limiting the foregoing items shall be replaced; provided, however, Landlord shall enforce, for the benefit generality of Tenant, any and all warranties received by Landlord during the initial construction of the Building (including the "shell mezzanine" to be constructed pursuant to Exhibit "B" to this Lease) ----------- to the extent such warranties cover items of repair for which Tenant shall be responsible. Such warranties may cover, for example, repairs necessitated by the ordinary and reasonable use of the roof surface of the Building. In addition to the foregoing, Tenant shallTenant, at Tenant's ’s sole cost and expense, replaceshall promptly make all repairs and replacements to (a) any pipes, immediately upon breakagelines, ducts, wires or conduits contained within the Premises, (b) the glass windows, plate glass doors, and all glass fixtures or appurtenances that are located in or about the Premises; (c) Tenant’s signs; (d) the floors and floor coverings, doors and door frames, windows and window frames, walls, storefront including security gates, grilles or enclosures, locks and closing devices, partitions and ceilings in the Premises; (e) heating, ventilating, air conditioning, electrical and plumbing system(s) equipment and fixtures (whether contained within or outside the Premises) which are installed by Tenant or which are located in the Premises or exclusively serve the Premises; (f) banking ATM’s, a night depository drop-box; Drive-Thru structures and building, Drive-Thru window and teller equipment, and paved driveway area serving the Drive-Thru banking facilities; and (g) the Premises when repairs thereto are necessitated by any act or omission (negligent or otherwise) of Tenant or any of Tenant’s agents, employees or invitees, or by the failure of Tenant to perform any of its obligations under this Lease. Tenant shall be responsible, at Tenant’s sole expense, for providing all janitorial (including trash removal) and cleaning services for the Premises sufficient to maintain a standard of cleanliness and hygiene reasonably satisfactory to Landlord. All such services shall be provided in accordance with standards customarily maintained for similar first class properties. Tenant shall give Landlord prompt written notice of any defects or damage to the structure of, or equipment or fixtures in, the Building or any part thereof. Tenant shall suffer no waste or injury to any part of the Premises, and shall, at the expiration or earlier termination of the Lease Term, surrender the Premises broom clean, in good order and condition, except for ordinary wear and tear. All injury, breakage and damage to the Premises and to any other part of the Building or the Land caused by any act or omission of any invitee, agent, employee, subtenant, assignee, contractor, client, family member, licensee, customer or guest of Tenant (collectively, “Invitees”) or Tenant, shall be repaired by and at Tenant's expense, except that may Landlord shall have the right at Landlord's option to make any such repair and to charge Tenant for all costs and expenses incurred in connection therewith. Landlord shall provide and install replacement tubes for Building standard fluorescent light fixtures (subject to reimbursement pursuant to Article 7 to the extent permitted hereunder); all other bulbs and tubes for the Premises shall be broken provided and installed at Tenant's expense. 9.2. Landlord shall at all times upon twenty-four (24) hours advance notice have the right during Tenant’s regular business hours to: (i) inspect the term Premises and/or the ATM’s; (ii) comply with Landlord’s obligations with regard to repair and maintenance of the Property; (iii) perform any obligations of Tenant hereunder which Tenant has failed to perform after written notice to Tenant from Landlord; and (iv) assure Tenant’s compliance with the terms and provisions of this Lease and all applicable laws, ordinances, rules and regulations. Landlord will use commercially reasonable efforts to minimize any interference with glass Tenant’s business operations during any such entry. Landlord shall provide at least equal to the specification and quality of the glass so replaced. Notwithstanding twenty-four (24) hours notice for any access required after normal business hours, except that, notwithstanding the foregoing, Landlord shall have the option, after providing Tenant written will not be required to provide any notice thirty (30) days to cure, to assume any or all of the foregoing maintenance and repair responsibilities, and to require Tenant to reimburse Landlord as Additional Rent, for the cost of all such services, together with in an accounting and management services fee of five percent (5%) of the cost of such servicesemergency.

Tenant’s Repairs and Maintenance. In addition 8.1. To the extent not otherwise specifically provided herein, Tenant shall, at its sole expense and throughout the Term of this Lease, keep the Building in a neat and orderly fashion so as to maintain it in first class condition and repair, and keep, maintain, and replace, as necessary, the Building, in each and every respect, including, but not limited to, roof, foundations, floors, floor coverings, slabs, exterior and interior walls, entrances, glass, window molding and panes, and all fixtures, and partitions and ceilings, exterior and interior painting, structural systems, load bearing or exterior walls, mechanical equipment including HVAC, plumbing equipment, fire alarms and suppression system (if applicable), interior lighting, exterior lighting attached to the payments Building, water, gas, sewer and utility systems and lines from the meters, loading docks, doors, door openers, equipment, machinery, appliances, signs and appurtenances thereof. Tenant shall be responsible for all maintenance of the HVAC at all times after delivery of the Building to -------------------------------- Tenant. Tenant shall adhere to all applicable governmental regulations regarding proper containment and disposal of trash and garbage. If within thirty (30) days after demand by Landlord to comply with the requirements of this Section 8.1, Tenant does not commence and diligently prosecute to completion such work, then Landlord shall have the right, but not the obligation, to cause such work to be made by Tenant pursuant accomplished at Tenant’s cost and expense which sums shall be due and payable to the provisions set forth aboveLandlord upon demand, and subject shall bear interest at the Default Rate (as hereinafter defined) until paid. 8.2. Following delivery by Landlord to the provisions of Paragraphs 10Tenant, 24 and 25 except as stated in Section 9 of this Lease, Tenant shall, at Tenant's sole cost and expense, keep and maintain the Premises (except as specified in Subparagraph 17(d) below), including without limitation, non-structural portions of the roof and the exterior walls of the Building, all floors, subfloors, floor coverings, windows, ceilings, interior walls, fixtures, doors, electrical and lighting equipment, plumbing, heating, air conditioning, ventilating systems, immediately loading areas and Tenant's signs, in all respects in good repair and in clean and safe condition, reasonable wear and tear excepted, and if impractical to repair then the foregoing items shall be replaced; provided, however, Landlord shall enforce, for the benefit of Tenant, any and all warranties received by Landlord during the initial construction of is accepting the Building (including on an “AS IS” “WHERE IS” basis from Landlord and with no liabilities or obligations on the "shell mezzanine" to be constructed pursuant to Exhibit "B" to this Lease) ----------- to the extent such warranties cover items part of repair for which Tenant shall be responsibleLandlord with respect thereto. Such warranties may coverWITHOUT LIMITING THE GENERALITY OF THE FOREGOING, for exampleLANDLORD MAKES NO WARRANTY, repairs necessitated by the ordinary and reasonable use of the roof surface of the Building. In addition to the foregoingEITHER EXPRESS OR IMPLIED, Tenant shallAS TO THE HABITABILITY, at Tenant's sole cost and expenseMERCHANTABILITY, replaceCONDITION, immediately upon breakageOR WORKMANSHIP OF ANY PART OF THE BUILDING, all glass in the Premises that may be broken during the term of this Lease with glass at least equal to the specification and quality of the glass so replacedIMPROVEMENTS, OR PROPERTY OR THAT THEY WILL BE SUITABLE FOR TENANT’S PURPOSES OR NEEDS. Notwithstanding the foregoing, Landlord shall have assign to Tenant on the optionCommencement Date all warranties received by Landlord relating to the Building as provided in Section 8.3 of this Lease. 8.3. At time of delivery of the Building to Tenant, after providing Tenant written notice thirty (30) days any contractor or other warranties pertaining to cureconstruction of the Improvements, including roof or equipment, shall, to assume the extent transferable, be transferred or otherwise made available by Landlord to Tenant. Landlord agrees to use commercially reasonable efforts, if necessary, to enforce any or all construction warranties Landlord may have against the general contractor who constructed the Building. Tenant agrees to promptly notify Landlord of any basis for a warranty claim against the foregoing maintenance and repair responsibilities, general contractor and to require reasonably cooperate in connection therewith. The foregoing transfer of warranties to Tenant is conditional upon Tenant’s timely payment of Rent and otherwise being in compliance with the terms of this Lease. Should an event of default on the part of Tenant occur, Landlord may, in its discretion by notice to reimburse Landlord as Additional RentTenant, for the cost of all such services, together with an accounting and management services fee of five percent (5%) of the cost of such servicescause any transferred warranties to revert to Landlord.

Tenant’s Repairs and Maintenance. In addition (a) Tenant covenants and agrees that, from and after the Commencement Date and until the end of the Lease Term, Tenant, at its expense, will keep neat and clean and maintain in good order, condition and repair the Premises, Alterations and all fixtures or facilities contained in the Premises which do not constitute part of the Common Elements or the Building systems, including, without limitation, any distribution conduits for the HVAC system serving the Premises, any supplemental air conditioning units, any private lavatory and any public lavatories located on floors leased entirely to Tenant, shower, toilet, washbasin and kitchen facilities, and all plumbing serving or connected to such systems or facilities, and will make all required repairs thereto and/or replacements of portions thereof, excepting only for those repairs or replacements for which Landlord or the Board is responsible under the terms of Section 7.1 or Articles 9 or 12 of this Lease or unless due to Landlord’s negligence or willful misconduct. Tenant shall not permit or commit any waste, and, notwithstanding anything to the payments contrary set forth in Section 7.1, but subject to -------------------------------- Section 11.7 hereof, Tenant shall be responsible for the cost of all repairs and replacements to the Premises, the Unit, the Building and the facilities of the Building, whether ordinary or extraordinary, structural or, non-structural, when necessitated by Tenant’s, or its subtenant’s or assignee’s, moving property in or out of the Building or installation or removal of furniture, fixtures or other property or by the performance by Tenant, or its subtenant or assignee, of any alterations or other work in the Premises, or when necessitated by the negligent acts or willful acts of Tenant, its assignee or subtenant, or its or their agents, employees, contractors or invitees or the use or occupancy or manner of use or occupancy of the Premises other than in accordance with the terms of this Lease; provided, however, that any repairs and maintenance outside of the Premises or to the Common Elements for which Tenant is responsible pursuant to the foregoing provisions of this Section shall be performed by Landlord or the Board at Tenant’s commercially reasonable cost and expense. Tenant, at its expense, shall promptly replace or repair all scratched, damaged or broken doors and interior glass in the Premises if such scratch, damage or break is visible from any passenger elevator lobby on any floor of the Premises. Tenant shall be responsible for the cost of all repainting and all repairs, maintenance and replacement of wall, ceiling and floor coverings in the Premises. All of said repairs and any restorations or replacements required in connection therewith shall be of a quality and class at least equal to the original work or installations and shall be done in a good and workmanlike manner to the reasonable satisfaction of Landlord. (b) If repairs or replacements are required to be made by Tenant pursuant to the provisions set forth aboveterms hereof, Landlord may demand that Tenant make the same forthwith, and subject to the provisions of Paragraphs 10, 24 and 25 of this Lease, Tenant shall, at Tenant's sole cost and expense, keep and maintain the Premises (except as specified in Subparagraph 17(d) below)cases of emergency, including without limitation, non-structural portions of the roof and the exterior walls of the Building, all floors, subfloors, floor coverings, windows, ceilings, interior walls, fixtures, doors, electrical and lighting equipment, plumbing, heating, air conditioning, ventilating systems, immediately loading areas and Tenant's signs, in all respects in good repair and in clean and safe condition, reasonable wear and tear excepted, and if impractical to repair then the foregoing items where no notice or demand shall be replaced; provided, however, Landlord shall enforce, for the benefit of Tenant, any and all warranties received by Landlord during the initial construction of the Building (including the "shell mezzanine" required) if Tenant refuses or neglects to be constructed pursuant to Exhibit "B" to this Lease) ----------- to the extent commence such warranties cover items of repair for which Tenant shall be responsible. Such warranties may cover, for example, repairs necessitated by the ordinary and reasonable use of the roof surface of the Building. In addition to the foregoing, Tenant shall, at Tenant's sole cost and expense, replace, immediately upon breakage, all glass in the Premises that may be broken during the term of this Lease with glass at least equal to the specification and quality of the glass so replaced. Notwithstanding the foregoing, Landlord shall have the option, after providing Tenant written notice or replacements within thirty (30) days after such demand and/or approval of plans and specifications (if applicable) or to curecomplete the same with reasonable diligence thereafter, Landlord or the Board, as applicable, may (but shall not be required to assume do so) make or cause such repairs or replacements to be made and shall not be responsible to Tenant for any loss or damage that may accrue to Tenant’s stock or business by reason thereof provided that Landlord shall use reasonable efforts to minimize interference with the conduct of Tenant’s business and any such loss or damage (but Landlord shall have no obligation to employ contractors or labor at so-called overtime or other premium pay rates or to incur any other overtime costs or expenses whatsoever unless Tenant agrees to pay the differential in costs, in which case Tenant shall pay to Landlord, as Additional Rent hereunder, within thirty (30) days after Landlord’s demand therefor, an amount equal to the difference between the regular rates and the overtime or other premium pay rates actually incurred by Landlord relating to such work, including all fringe benefits and other elements of the foregoing maintenance such pay rates, for such labor and repair responsibilitiesany other out-of-pocket overtime costs or expenses reasonably incurred). If Landlord makes or causes such repairs or replacements to be made, and Tenant agrees that Tenant will within thirty (30) days of demand, pay to require Tenant to reimburse Landlord as Additional Rent, for Rent the cost of all such servicesthereof, together with an accounting and management services fee of five percent (5%) of interest thereon at the cost of such servicesLease Interest Rate.

Tenant’s Repairs and Maintenance. In addition (a) Tenant covenants and agrees that, from and after the date that possession of the Premises is delivered to Tenant and until the end of the Lease Term, Tenant, at its expense, will keep neat and clean and maintain in good order, condition and repair the Premises, Alterations and all fixtures or facilities contained in the Premises which do not constitute part of the common areas or the Building systems, including, without limitation, any distribution conduits for the HVAC system serving the Premises, any supplemental air conditioning units installed by or on behalf of Tenant or any other Tenant Party, any private lavatory and any public lavatories located on floors leased entirely to Tenant, shower, toilet, washbasin and kitchen facilities, and all plumbing serving or connected to such systems or facilities, and will make all required repairs thereto and/or replacements of portions thereof, excepting only for those repairs or replacements for which Landlord is responsible under the terms of Section 7.1 or Article 12 of this Lease. Tenant shall not permit or commit any waste, and, notwithstanding anything to the payments contrary set forth in Section 7.1, Tenant shall be responsible for the cost of all repairs and replacements to -------------------------------- the Premises, the Building and the facilities of the Building, whether ordinary or extraordinary, structural or, non-structural, when necessitated by Tenant’s, or its subtenant’s or assignee’s, moving property in or out of the Building or installation or removal of furniture, fixtures or other property or by the performance by Tenant, or its subtenant or assignee, of any alterations or other work in the Premises, or when necessitated by the acts, omission, misuse, neglect or improper conduct of Tenant, its assignee or subtenant, or its or their agents, employees, contractors or invitees or the use or occupancy or manner of use or occupancy of the Premises other than in accordance with the terms of this Lease. All of said repairs and any restorations or replacements required in connection therewith shall be of a quality and class at least equal to the original work or installations and shall be done in a good and workmanlike manner to the satisfaction of Landlord. (b) If repairs or replacements are required to be made by Tenant pursuant to the provisions set forth aboveterms hereof, Landlord may demand that Tenant make the same forthwith, and subject to the provisions of Paragraphs 10, 24 and 25 of this Lease, Tenant shall, at Tenant's sole cost and expense, keep and maintain the Premises (except as specified in Subparagraph 17(d) below)cases of emergency, including without limitation, non-structural portions of the roof and the exterior walls of the Building, all floors, subfloors, floor coverings, windows, ceilings, interior walls, fixtures, doors, electrical and lighting equipment, plumbing, heating, air conditioning, ventilating systems, immediately loading areas and Tenant's signs, in all respects in good repair and in clean and safe condition, reasonable wear and tear excepted, and if impractical to repair then the foregoing items where no notice or demand shall be replaced; provided, however, Landlord shall enforce, for the benefit of Tenant, any and all warranties received by Landlord during the initial construction of the Building (including the "shell mezzanine" required) if Tenant refuses or neglects to be constructed pursuant to Exhibit "B" to this Lease) ----------- to the extent commence such warranties cover items of repair for which Tenant shall be responsible. Such warranties may cover, for example, repairs necessitated by the ordinary and reasonable use of the roof surface of the Building. In addition to the foregoing, Tenant shall, at Tenant's sole cost and expense, replace, immediately upon breakage, all glass in the Premises that may be broken during the term of this Lease with glass at least equal to the specification and quality of the glass so replaced. Notwithstanding the foregoing, Landlord shall have the option, after providing Tenant written notice or replacements within thirty (30) days after such demand or to curecomplete the same with reasonable diligence thereafter, Landlord may (but shall not be required to assume do so) make or cause such repairs or replacements to be made and shall not be responsible to Tenant for any loss or all of the foregoing maintenance and repair responsibilitiesdamage that may accrue to Tenant’s stock or business by reason thereof. If Landlord makes or causes such repairs or replacements to be made, and Tenant agrees that Tenant will forthwith, on demand, pay to require Tenant to reimburse Landlord as Additional Rent, for Rent the cost of all such servicesthereof, together with an accounting and management services fee of five percent (5%) of interest thereon at the cost of such servicesLease Interest Rate.