Common use of Xxxxxxx Obligations Clause in Contracts

Xxxxxxx Obligations. The LESSOR agrees to maintain the structure of the building of which the Premises are a part in the same condition as it is on the Commencement Date or as it may be put in during the term of this Sublease, reasonable wear and tear, damage by fire and other casualty only excepted, unless such maintenance is required solely and directly because of the conduct of LESSEE, its agents, employees or contractors. LESSOR shall be responsible only for maintaining the building's mechanical and electrical systems which serve more than one leased space. Except for repairs to the Premises that LESSEE must make under Section 11A hereof, LESSOR shall pay for and make all other repairs and replacements to the Premises and the Building that are required in order to allow LESSEE safe use of the Premises for the stated conduct of its business, or that in the opinion of a reasonable person should be made to assure LESSEE's continued safe use of the Premises for the stated conduct of its business. LESSOR shall not be required to maintain the interior surface of exterior walls, windows, doors or plate glass (except when maintenance of the same is caused by LESSOR's negligence or failure to perform its obligations under this Section). LESSOR shall make such repairs under this Section promptly after LESSOR learns of the need for such repairs but in any event within thirty (30) days after LESSEE notifies LESSOR of the need for such repairs (except when the repairs require more than thirty (30) days for the performance and LESSOR commences the repairs on or within thirty (30) days and diligently pursues the repair to completion). If LESSOR fails to make such repairs within thirty (30) days after LESSEE's notice and if LESSOR is not diligently pursuing such repairs, and if the failure to make such repairs materially adversely affects LESSEE's permitted use of the Premises, LESSEE may, at its option, perform such repairs and xxxx the LESSOR for the costs of such repairs, and if LESSOR fails to pay such xxxx within thirty (30) days, LESSEE may deduct the cost thereof from the installments of Base Rent next falling due. Notwithstanding the foregoing, in the event of an emergency, LESSEE may give LESSOR such shorter notice as is practicable under the circumstances, and if LESSOR fails to make such repairs as soon as reasonably practicable, LESSEE may, at its option, perform such repairs repairs and xxxx the LESSOR for the costs of such repairs, and if LESSOR fails to pay such xxxx within thirty (30) days, LESSEE may deduct the cost thereof from the installments of Base Rent next falling due.

Xxxxxxx Obligations. The LESSOR agrees (a) Xxxxxxx xxxx, and will ensure that its Associates where relevant: (i) comply with all applicable laws in performing the Cargolink Services; (ii) provide properly maintained equipment and adequately trained labour sufficient to maintain perform the structure Cargolink Services in accordance with the Agreement; (iii) ensure that the Cargolink Services are carried out in a safe and competent manner, with due and proper diligence, skill and expedition; and (iv) comply with its obligations under the Dangerous Goods laws where applicable. (b) Xxxxxxx is not a common carrier, accepts no liability as such and may agree or refuse to contract with the Customer in its absolute discretion. (c) Xxxxxxx is not, and will not be deemed to be, a consignor as defined by the relevant laws in relation to the transport of the building of which the Premises are a part Dangerous Goods in the same condition relevant Jurisdiction and accepts no liability as such. The Customer authorises Xxxxxxx to name the Customer or another person as the consignor in any documentation where applicable. (d) Xxxxxxx xxx, in its absolute discretion refuse to provide the Cargolink Services or provide the Cargolink Services in a manner other than that previously agreed with the Customer, where Xxxxxxx considers that it is on reasonable and necessary to do so (including by reason of an order, direction or recommendation of a Government Agency). (e) If in Xxxxxxx's reasonable opinion: (i) the Commencement Date Containers are or as are liable to become Dangerous Goods (including where Containers have not been properly cleaned or prepared following transportation of Dangerous Goods); (ii) the Containers do not comply with applicable laws; or (iii) the Containers are unsuitable to be handled using the equipment and operating procedures normally employed by Xxxxxxx in providing the Cargolink Services, Xxxxxxx xxx: (iv) refuse to provide the Cargolink Services in respect of those Containers; or (v) take whatever measures it may considers to be put in during reasonably necessary (including opening Containers, delaying or rescheduling their loading and carriage and taking any other steps necessary to eliminate any Dangerous Goods risks or biosecurity risks) at the term of this Sublease, reasonable wear Customer's risk and tear, damage by fire and other casualty only excepted, unless such maintenance is required solely and directly because of the conduct of LESSEE, its agents, employees or contractors. LESSOR shall be responsible only for maintaining the building's mechanical and electrical systems which serve more than one leased space. Except for repairs to the Premises that LESSEE must make under Section 11A hereof, LESSOR shall pay for and make all other repairs and replacements to the Premises and the Building that are required expense in order to allow LESSEE safe use cause the Containers to comply with all applicable laws or be suitable for handling by Xxxxxxx. (f) Xxxxxxx (or a third party appointed by Xxxxxxx) may conduct an audit or review of the Premises for the stated conduct of its business, or that in the opinion of a reasonable person should be made to assure LESSEE's continued safe use of the Premises for the stated conduct of its business. LESSOR shall not be required to maintain the interior surface of exterior walls, windows, doors or plate glass (except when maintenance of the same is caused by LESSOR's negligence or failure to perform Customer’s compliance with its obligations under this Section). LESSOR shall make the Agreement, including any applicable laws and the Customer agrees to comply with any reasonable requests made by Xxxxxxx as a result of any such repairs audit or review. (g) Xxxxxxx has no obligation to inspect the Containers and no inspection will increase Xxxxxxx's liability under this Section promptly after LESSOR learns the Agreement. (h) Xxxxxxx is not responsible for and has no liability in respect of any inaccuracy in the description of the need for such repairs but in any event within thirty (30) days after LESSEE notifies LESSOR of the need for such repairs (except when the repairs require more than thirty (30) days for the performance and LESSOR commences the repairs on or within thirty (30) days and diligently pursues the repair to completion). If LESSOR fails to make such repairs within thirty (30) days after LESSEE's notice and if LESSOR is not diligently pursuing such repairs, and if the failure to make such repairs materially adversely affects LESSEE's permitted use of the Premises, LESSEE may, at its option, perform such repairs and xxxx the LESSOR for the costs of such repairs, and if LESSOR fails to pay such xxxx within thirty (30) days, LESSEE may deduct the cost thereof from the installments of Base Rent next falling due. Notwithstanding the foregoing, in the event of an emergency, LESSEE may give LESSOR such shorter notice as is practicable under the circumstances, and if LESSOR fails to make such repairs as soon as reasonably practicable, LESSEE may, at its option, perform such repairs repairs and xxxx the LESSOR for the costs of such repairs, and if LESSOR fails to pay such xxxx within thirty (30) days, LESSEE may deduct the cost thereof from the installments of Base Rent next falling due.Containers

Xxxxxxx Obligations. The LESSOR agrees Xxxxxx’x obligations under this Agreement shall include the following: x. Xxxxxx shall use its best effort to purchase all production materials necessary for the production of the Product (herein “Production Materials”) such as hops, malt, yeast and filtration aides. Xxxxxx shall use its best effort to purchase all production materials necessary for the bottling & packaging of the Product (herein “Bottling & Packaging Materials”) such as caps, labels, bottles, and cardboard containers. Xxxxxx shall maintain the Production Materials and Bottling and Packaging Materials for their useful life and shall be solely responsible for the spoilage, destruction, loss or damage of any of the Production Materials. x. Xxxxxx shall manufacture the Product in accordance and consistent with the specifications (the “Specifications”) attached hereto as Exhibit A. If any production material can not be acquired at a reasonable cost or schedule, Xxxxxx shall notify Contractor of the shortage, recommend modifications to the Specifications, and request a variance from the Specifications, which will not be unreasonable withheld by Contractor. x. Xxxxxx shall package some of the Product in Bottling & Packaging Materials approved by Contractor, which approval shall not be unreasonably withheld or delayed. Xxxxxx shall not package the Product in non-conforming Bottling & Packaging Materials unless first approved by Contractor. x. Xxxxxx shall package the remainder of the Product in leased (Microstar) kegs or kegs provided by Contractor. x. Xxxxxx shall keep records tracking the purchase, storage, and use of all organic ingredients in accordance with the requirements of California Crop Improvement Association (CCIA) in order to maintain the structure organic certification (the “Certification”) for the Product. x. Xxxxxx shall warehouse finished goods in accordance with Xxxxxx’x customary manner. Xxxxxx will be called upon from time to time to help arrange shipping for Product on behalf of the building of which the Premises are a part in the same condition as it is on the Commencement Date or as it may be put in during the term of this Sublease, reasonable wear and tear, damage by fire and other casualty only excepted, unless Contractor to its distributors. Any such maintenance is required solely and directly because of the conduct of LESSEE, its agents, employees or contractors. LESSOR shipping shall be responsible only performed in accordance with Xxxxxx’x customary manner. All costs for maintaining the building's mechanical freight and electrical systems which serve more than one leased space. Except for repairs shipping from Xxxxxx’x production facility shall be paid by Contractor directly to the Premises that LESSEE must make under Section 11A hereof, LESSOR carrier. x. Xxxxxx shall obtain all necessary Certificate of Label Approval from the TTB and the State of California. Xxxxxx shall pay for and make all other repairs and replacements to the Premises and the Building that are required in order to allow LESSEE safe use of the Premises for the stated conduct of its business, or that in the opinion of a reasonable person should be made to assure LESSEE's continued safe use of the Premises for the stated conduct of its business. LESSOR shall not be required to maintain the interior surface of exterior walls, windows, doors or plate glass (except when maintenance of the same is caused by LESSOR's negligence or failure to perform its obligations under this Section). LESSOR shall make such repairs under this Section promptly after LESSOR learns of the need for such repairs but in any event within thirty (30) days after LESSEE notifies LESSOR of the need for such repairs (except when the repairs require more than thirty (30) days for the performance and LESSOR commences the repairs on or within thirty (30) days and diligently pursues the repair to completion). If LESSOR fails to make such repairs within thirty (30) days after LESSEE's notice and if LESSOR is not diligently pursuing such repairs, and if the failure to make such repairs materially adversely affects LESSEE's permitted use of the Premises, LESSEE may, at its option, perform such repairs and xxxx the LESSOR for the costs of such repairs, and if LESSOR fails to pay such xxxx within thirty (30) days, LESSEE may deduct the cost thereof from the installments of Base Rent next falling due. Notwithstanding the foregoing, in the event of an emergency, LESSEE may give LESSOR such shorter notice as is practicable under the circumstances, and if LESSOR fails to make such repairs as soon as reasonably practicable, LESSEE may, at its option, perform such repairs repairs and xxxx the LESSOR for the costs of such repairs, and if LESSOR fails to pay such xxxx within thirty (30) days, LESSEE may deduct the cost thereof from the installments of Base Rent next falling dueexcise taxes.

Xxxxxxx Obligations. (a) Xxxxxxx xxxx, and will ensure that its Associates where relevant: (i) comply with all applicable laws in performing the Terminal Services; (ii) provide properly maintained equipment and properly trained labour sufficient to perform the Terminal Services in accordance with the Agreement; (iii) ensure that the Terminal Services are carried out in a safe and competent manner, with due and proper diligence, skill and expedition; (iv) where the Terminal Services are to be carried out in relation to Dangerous Goods or Temperature Controlled Goods, comply with the Dangerous Goods Protocol or the Temperature Controlled Goods Protocol, as applicable. (b) Xxxxxxx is not a common carrier and accepts no liability as such and may agree or refuse to contract with the Customer in its absolute discretion. The LESSOR agrees Customer authorises Xxxxxxx to maintain name the structure Customer or another person as the consignor in any documentation where applicable. (c) Xxxxxxx is not, and will not be deemed to be, a consignor as defined by the relevant Regulations in relation to the transport of the building of which the Premises are a part Dangerous Goods in the same condition relevant state or territory and accepts no liability as such. The Customer authorises Xxxxxxx to name the Customer or another person as the consignor in any documentation where applicable. (d) Xxxxxxx xxx, in its absolute discretion refuse to provide the Terminal Services or provide the Terminal Services in a manner other than that previously agreed with the Customer, where Xxxxxxx considers that it is on reasonable and necessary to do so (including by reason of an order, direction or recommendation of a Government Agency). (e) If in Xxxxxxx's reasonable opinion: (i) the Commencement Date Goods are or as are liable to become Dangerous Goods; (ii) the Goods do not comply with all applicable laws; or (iii) the Goods are unsuitable to be handled using the equipment and operating procedures normally employed by Xxxxxxx in providing the Terminal Services, Xxxxxxx xxx: (iv) refuse to provide the Terminal Services in respect of those Goods; or (v) take whatever measures it may considers to be put in during reasonably necessary (including opening containers, weighing and measuring Goods, requiring the term of this Sublease, reasonable wear Goods to be repacked or reloaded and tear, damage by fire delaying or rescheduling their loading and other casualty only excepted, unless such maintenance is required solely carriage) at the Customer's risk and directly because of the conduct of LESSEE, its agents, employees or contractors. LESSOR shall be responsible only for maintaining the building's mechanical and electrical systems which serve more than one leased space. Except for repairs to the Premises that LESSEE must make under Section 11A hereof, LESSOR shall pay for and make all other repairs and replacements to the Premises and the Building that are required expense in order to allow LESSEE safe use cause the Goods, the vehicle or train by which the Goods will be transported or the driver of such vehicle or train to comply with all applicable laws or be suitable for handling by Xxxxxxx. (f) If in Xxxxxxx’s reasonable opinion the weight of any Goods or Container significantly varies from the weight as declared on the documentation provided to Xxxxxxx by the Customer, Xxxxxxx xxx: (i) refuse to provide the Terminal Services in respect of those Goods or Containers; (ii) advise relevant regulatory authorities; and (iii) require the Customer to take the necessary measures to rectify and re-declare the correct weight and amend the documentation at their risk and expense. (g) Xxxxxxx (or a third party appointed by Xxxxxxx) may conduct an audit or review of the Premises for the stated conduct of its business, or that in the opinion of a reasonable person should be made to assure LESSEECustomer's continued safe use of the Premises for the stated conduct of its business. LESSOR shall not be required to maintain the interior surface of exterior walls, windows, doors or plate glass (except when maintenance of the same is caused by LESSOR's negligence or failure to perform compliance with its obligations under this Section). LESSOR shall make the Agreement, and the Customer agrees to comply with any reasonable requests made by Xxxxxxx as a result of any such repairs audit or review. (h) Xxxxxxx has no obligation to inspect the Goods and no inspection will increase Xxxxxxx's liability under this Section promptly after LESSOR learns the Agreement. (i) Xxxxxxx is not responsible for and has no liability in respect of any inaccuracy in the description of the need for such repairs but in any event within thirty (30) days after LESSEE notifies LESSOR of the need for such repairs (except when the repairs require more than thirty (30) days for the performance and LESSOR commences the repairs on or within thirty (30) days and diligently pursues the repair to completion). If LESSOR fails to make such repairs within thirty (30) days after LESSEE's notice and if LESSOR is not diligently pursuing such repairs, and if the failure to make such repairs materially adversely affects LESSEE's permitted use of the Premises, LESSEE may, at its option, perform such repairs and xxxx the LESSOR for the costs of such repairs, and if LESSOR fails to pay such xxxx within thirty (30) days, LESSEE may deduct the cost thereof from the installments of Base Rent next falling due. Notwithstanding the foregoing, in the event of an emergency, LESSEE may give LESSOR such shorter notice as is practicable under the circumstances, and if LESSOR fails to make such repairs as soon as reasonably practicable, LESSEE may, at its option, perform such repairs repairs and xxxx the LESSOR for the costs of such repairs, and if LESSOR fails to pay such xxxx within thirty (30) days, LESSEE may deduct the cost thereof from the installments of Base Rent next falling dueGoods.