Common use of Utilities and Maintenance Clause in Contracts

Utilities and Maintenance. The Lessee in addition to paying rent shall pay and be responsible for the following utilities and services: Lessor Lessee Description Electricity Heating Oil Natural Gas Sewerage Hot Water Cold Water Telephone Cable Television Air Conditioning Trash Removal Yard Maintenance Snow Removal Lessee's failure to pay any such utility charge when due shall constitute a default hereunder. To the extent to which heat and/or hot water is to be provided by Lessor, Lessee shall take all reasonable measures to conserve the heat and hot water by not opening the windows when the heat is on, not excessively heating the premises, not unnecessarily wasting or running the hot water and by observing all reasonable rules and regulations of the Lessor regarding this issue. Lessee’s non-compliance with this provision or reasonable rules of the Initial Lessor shall be cause for termination of this Lease Agreement upon seven (7) days’ notice to the Lessee. Lessee shall continuously maintain at their own expense the leased premises during the term of this lease, including any extension thereof, in as good, clean and satisfactory a condition as when the Lessee took possession, reasonable wear and tear accepted. At the expiration of the Lease or the repossession of the leased premises by the Lessor, the premises shall be delivered to Lessor in such good, clean and satisfactory condition to be determined by Lessor, reasonable wear and tear excepted. Should Lessor, at any time during or after the term of this Lease, restore the leased premises in such good, clean and satisfactory condition, in order to fulfill the Lessee's obligations herein, the Lessee shall be responsible for all costs associated therewith.

Utilities and Maintenance. The Lessee in addition to paying rent shall pay and be responsible for the following utilities and services: Lessor Lessee Description Electricity Heating Oil Natural Gas Sewerage Hot Water Cold Water Telephone Cable Television Air Conditioning Trash Removal Yard Maintenance Snow Removal Lessee's failure to pay any such utility charge when due shall constitute a default hereunder. To the extent to which heat and/or hot water is to be provided by Lessor, Lessee shall take all reasonable measures to conserve the heat and hot water by not opening the windows when the heat is on, not excessively heating the premisesPremises, not unnecessarily wasting or running the hot water and by observing all reasonable rules and regulations of the Lessor regarding this issue. Lessee’s non-non- compliance with this provision or reasonable rules of the Initial Lessor shall be cause for termination of this Lease Agreement upon seven (7) days’ days notice to the Lessee. Lessee shall continuously maintain at their own expense the leased premises Premises during the term of this lease, including any extension thereof, in as good, clean and satisfactory a condition as when the Lessee took possession, reasonable wear and tear acceptedexcepted. At the expiration of the Lease or the repossession of the leased premises Premises by the Lessor, the premises Premises shall be delivered to Lessor in such good, clean and satisfactory condition to be determined by Lessor, reasonable wear and tear excepted. Should Lessor, at any time during or after the term of this Lease, restore the leased premises Premises in such good, clean and satisfactory condition, in order to fulfill the Lessee's obligations herein, the Lessee shall be responsible for all costs associated therewith.

Utilities and Maintenance. The Lessee Until such time as Landlord leases additional space in addition to paying rent the Building of which the demised premises are a part, Tenant shall pay for all utility services consumed at the demised premises. Upon such date as Landlord leases space to another tenant for any other portion of the Building of which the demised premises are a part, Landlord shall cause, at its sole cost and expense, that all utility service to the demised premises be separately metered by a new meter from the appropriate utility or by tab meter. Thereafter, Tenant shall only pay for utilities used by the Tenant at the demised premises. In the event any utility service is interrupted due to the act or omission of Landlord, and such interruption shall continue for a period of three (3) days, then on the fourth day and thereafter until such interruption is cured, all rent and other charges due hereunder shall completely xxxxx. If such interruption continues for a period of thirty (30) days, then Tenant shall have the option of terminating this Lease by written notice to Landlord, such termination effective as of the date of Tenant’s notice, after which neither Landlord nor Tenant shall have any further obligation or responsibility to the other. Tenant further covenants and agrees throughout the term of this Lease Agreement, any extensions or renewals thereof, that it will be responsible to maintain the demised premises in good repair, order and condition, at its sole cost and expense, excluding any maintenance as may be required to the structural members, exterior walls, or roof of the demised premises, but including all floors, interior walls, ceilings, doors of all types, locks, closures, and hinges, all lighting (including the replacement of light bulbs), all glass including windows, all electrical, heat, ventilating, and air conditioning systems located within and exclusively serving the demised premises, as well as all utilities and plumbing systems located within and exclusively servicing the demised premises, making all repairs and / or replacements thereto as may be required or necessary, with materials of like quality. In addition, Tenant herein shall be responsible to have the heating system serviced a minimum of once a year, along with having the air conditioning systems / units serviced at least four (4) times per year. Said servicing shall be at the sole cost and expense of Tenant, shall be performed by a reputable heating and / or air conditioning contractor, and copies of said contract shall be submitted to Landlord by Tenant annually. Should the Tenant fail to service said systems, then this work may be done by the Landlord, and immediate payment as well as a service charge of ten (10%) percent shall be due from the Tenant for such work and / or repairs. Further, the Tenant shall be responsible for the following utilities cleanliness of the demised premises and services: Lessor Lessee Description Electricity Heating Oil Natural Gas Sewerage Hot Water Cold Water Telephone Cable Television Air Conditioning Trash Removal Yard Maintenance Snow Removal Lessee's failure shall be responsible, at Tenant’s sole cost and expense, for the separation, recycling, and removal of Tenant’s waste materials to pay conform with any such utility charge when due shall constitute a default hereunder. To the extent to which heat and/or hot water is to be provided by Lessor, Lessee shall take and all reasonable measures to conserve the heat and hot water by not opening the windows when the heat is on, not excessively heating the premises, not unnecessarily wasting or running the hot water and by observing all reasonable governmental rules and regulations of the Lessor regarding this issue. Lessee’s non-compliance with this provision or reasonable rules of the Initial Lessor shall be cause for termination of this Lease Agreement upon seven (7) days’ notice to the Lessee. Lessee shall continuously maintain at their own expense the leased premises during the term of this lease, including any extension thereof, in as good, clean and satisfactory a condition as when the Lessee took possession, reasonable wear and tear accepted. At the expiration of the Lease or the repossession of the leased premises by the Lessor, the premises shall be delivered to Lessor in such good, clean and satisfactory condition to be determined by Lessor, reasonable wear and tear excepted. Should Lessor, at any time during or after the term of this Lease, restore the leased premises in such good, clean and satisfactory condition, in order to fulfill the Lessee's obligations herein, the Lessee shall be responsible for all costs associated therewiththereto.

Utilities and Maintenance. The Lessee in addition to paying rent shall and will pay all costs for gas, electricity, water, lights, heating, telephone, and be responsible for the following all other utilities and services: Lessor Lessee Description Electricity Heating Oil Natural Gas Sewerage Hot Water Cold Water Telephone Cable Television Air Conditioning Trash Removal Yard Maintenance Snow Removal Lessee's failure to pay any such utility charge when due shall constitute things of a default hereunder. To similar nature used on the extent to which heat and/or hot water is to be provided by Lessor, Lessee shall take all reasonable measures to conserve the heat and hot water by not opening the windows when the heat is on, not excessively heating the premises, not unnecessarily wasting or running the hot water and by observing all reasonable rules and regulations of the Lessor regarding this issue. Lessee’s non-compliance with this provision or reasonable rules of the Initial Lessor shall be cause for termination of this Lease Agreement upon seven (7) days’ notice to the Lessee. Lessee shall continuously maintain at their own expense the leased demised said premises during the term of this lease. The Lessee shall apply for and pay required deposits for these items and will have the utilities put in its own name. The Lessor shall and will maintain, including any extension thereofat its own expense, in as goodthe roof, clean plumbing, primary HVAC, foundation, and satisfactory a condition as when the Lessee took possession, reasonable wear and tear accepted. At the expiration exterior walls of the Lease or the repossession building (except for Lessee's signs, if any). The roof shall be free of leaks. The Lessee shall and will maintain, at its own expense, all portions of the leased premises and any additional air conditioning which it may install. Additionally, the Lessee will likewise maintain the fixtures and equipment therein for which the Lessor is not responsible hereunder, if any, in a workable condition and will replace at its own expense any fixtures and equipment owned by the LessorLessor which become defective, broken, or unusable due to the premises shall willfulness or gross negligence of the Lessee, its agents, employees, or customers. The Lessor will be delivered to responsible for the landscaping and grounds maintenance. The Lessor in such good, clean hereby represents and satisfactory condition to be determined by Lessor, reasonable wear and tear excepted. Should Lessor, at any time during or after warrants that as the term commencement date of this Lease, restore the leased plumbing, electric, water, and HVAC systems are in 8 good working order and repair and that the premises are ADA compliant; in the event that it is discovered that the building possesses one or more problems relating only to ADA compliance, and the amounts to be spent by the Lessor to correct such goodan item or items relating to ADA compliance and bring the same into compliance exceed Ten Thousand and No/100's Dollars ($10,000.00) in the aggregate over the thirty-six (36) month term of this Lease (and any extensions or renewals hereof), clean and satisfactory condition, in order to fulfill the Lessee's obligations herein, then the Lessee shall be responsible for the additional amount. The Lessor further represents and warrants that as of the commencement date, that there are no hazardous materials within the premises and that the premises are in compliance with all costs associated therewithapplicable laws, ordinances, and regulations. The Lessor will provide adequate and functional lighting for the parking lot. Subject to the dollar limitations expressed herein, the Lessor shall make all repairs within twenty-four (24) hours notice of the same, or Lessee can contract with outside services to repair and deduct that amount from next month's rent. In the event that individual repairs will cost more than $1,000.00 (One Thousand Dollars), Lessee will notify Lessor and Lessor will provide approval for repair within 24 hours of notice.