Ordinary wear and tear means only the normal deterioration of the equipment caused by ordinary, reasonable and proper use of the equipment on a one-shift basis. Damage, which is not “ordinary wear and tear,” includes, but is not limited to, damage resulting from lack of fuel, lubrication or contaminated fuel, failure to maintain proper oil, water, hydraulic or air pressure levels, damage due to overturning, overloading or exceeding rated capacities, improper use, abuse, lack of cleaning and tire damages. Customer shall be responsible for all loss and damage not caused by ordinary wear and tear.
Ordinary wear and tear means deterioration of the premises which is the result of
Ordinary wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Lessee performing all of its obligations under this Lease. Except as otherwise agreed or specified in writing by Lessor, the Premises, as surrendered, shall include the Utility Installations. The obligation of Lessee shall include the repair of any damage occasioned by the installation, maintenance or removal of Lessee's Trade Fixtures, furnishings, equipment, and Alterations and/or Utility Installations, as well as the removal of any storage tank installed by or for Lessee, and the removal, replacement, or remediation of any soil, material or ground water contaminated by Lessee, all as may then be required by Applicable Law and/or good service practice. Lessee's Trade Fixtures shall remain the property of Lessee and shall be removed by Lessee subject to its obligation to repair and restore the Premises per this Lease.
Examples of Ordinary wear and tear in a sentence
Ordinary wear and tear, rust, mold, discoloration, damage by rats, vermiculation, etc.
Ordinary wear and tear excepted, the holder shall bear such risk of loss from the date of acquisition by the holder to the date such risk of loss is assumed by the Secretary.
Ordinary wear and tear of the Subject Property, which does not include staining, chipping, scratching and marking up the walls or floors, is excluded.
Ordinary wear and tear of Equipment shall mean only the normal deterioration of Equipment caused by ordinary and reasonable use during the time used.
Ordinary wear and tear and unusual abuse or neglect are exempted.
More Definitions of Ordinary wear and tear
Ordinary wear and tear as used herein shall mean wear and tear which manifests itself solely through normal intensity of use and passage of time consistent with the employment of commercially prudent measures to protect finishes and components from damage and excessive wear, the application of regular and appropriate preventative maintenance practices and procedures, routine cleaning and servicing, waxing, polishing, adjusting, repair, refurbishment and replacement at a standard of appearance and utility and as often as appropriate for Class A corporate and professional office occupancies in the Petaluma office market. The term “ordinary wear and tear” would thus encompass the natural fading of painted surfaces, fabric and materials over time, and carpet wear caused by normal foot traffic. To the extent that such wear and tear exceeds the normal Class A office occupancy standards of the Petaluma office market, such would be considered items of deferred maintenance indicative of a degradation of the improvements. The term “ordinary wear and tear” shall not include any damage or deterioration that could have been prevented by Xxxxxx’s employment of ordinary prudence, care and diligence in the occupancy and use of the Premises and the performance of all of its obligations under this Lease. Items not considered reasonable wear and tear hereunder include the following for which Tenant shall bear the obligation for repair and restoration (except to the extent caused by the gross negligence or willful misconduct of Landlord or its employees or agents) (i) excessively soiled, stained, worn or marked surfaces or finishes; (ii) damage, including holes in building surfaces (e.g., cabinets, doors, walls, ceilings and floors) caused by the installation or removal of Tenant’s trade fixtures, furnishings, decorations, equipment, alterations, utility installations, security systems, communications systems (including cabling, wiring and conduits), displays and signs; and (iii) damage to any component, fixture, hardware, system or component part thereof within the Premises, and any such damage to the Building or Project, caused by Tenant or its agents, contractors or employees, and not fully recovered by Landlord from insurance proceeds. Tenant, at its sole cost and expense, agrees to repair any damages to the Premises caused by or in connection with the removal of any articles of personal property, business or trade fixtures, signs, machinery, equipment, cabinetwork, furniture, moveable partitio...
Ordinary wear and tear means the deterioration of the Unit 1 Facility or any part thereof which would be reasonably expected to result from operating the Unit 1 Facility in a manner consistent with Good Utility Practice.
Ordinary wear and tear means only the normal deterioration of the equipment caused by ordinary and reasonable use on a one shift (eight hours per day, five days per week) basis. Xxxxxx agrees to pay immediately all charges and costs incurred.
Ordinary wear and tear means only the normal deterioration of the equipment on a caused by ordinary, reasonable and proper use of the equipment.
Ordinary wear and tear means only the normal deterioration of the rental equipment caused by ordinary, reasonable and proper use of the rental equipment. Customer shall be liable to Mr. Inflatable for any and all damage which is not “ordinary wear and tear” in an amount equal to the replacement value of the rental equipment on the invoice. Damage which is not “ordinary wear and tear” includes, but is not limited to, cutting or tearing of vinyl or netting, damage due to overturning, overloading, exceeding rated capacities, breakage, improper use, abuse, lack of cleaning, contamination of or dirtying of rental equipment with non-approved items.
Ordinary wear and tear means the deterioration of the Facility which would be reasonably expected to result from operating the Facility in a manner consistent with Good Utility Practice.
Ordinary wear and tear means that there will be a gradual deterioration in condition resulting from Tenant’s normal use during the course of Tenant’s business over the Term. Prior to Tenant taking possession of the Premises, Landlord shall accurately document the condition Premises (the “Condition Documentation”), including equipment and fixtures, and shall provide a copy of the Condition Documentation prior to Tenant taking possession of the Premises. In the event that Landlord fails to provide the Condition Documentation to Tenant prior to Tenant taking possession of the Premises, the condition of the Premises shall be deemed to not exceed ordinary wear and tear. However, Tenant shall not be obligated to repair any damage which Landlord is required to repair under Sections 22 and 23. All Alterations which Landlord has not required Tenant to remove shall become Landlord’s property and shall be surrendered to Landlord upon the termination of the Lease, except that Tenant may remove (and shall remove if so required by Landlord) any of Tenant’s machinery or equipment which can be removed without material damage to the Premises. Tenant shall repair, at Tenant’s expense, any damage to the Premises caused by the removal of any such machinery or equipment. In no event, however, shall Tenant remove any of the following materials or equipment without Landlord’s prior written consent: any power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; heaters, air conditioners or any other HVAC equipment; fencing or security gates; or other similar building operating equipment and decorations. Tenant shall use commercially reasonable efforts to provide Landlord written notice at least thirty (30) days’ prior to vacating the Premises and shall meet with Landlord for a joint inspection of the Premises at the time of vacating. In the event of Tenant’s failure to participate in such joint inspection, Landlord shall make commercially reasonable attempts to schedule an inspection with Tenant at or after Tenant vacates the Premises, but in no event later than ten (10) business days after vacating the Premises, and the parties shall come to an agreement for repairs and restoration.