Capital Repairs and Replacements Sample Clauses

Capital Repairs and Replacements. (a) Landlord agrees to establish and maintain a ledger account (a "Capital Expenditure Reserve") to be used for the purpose of funding the cost of capital repairs, replacements and renewals to the Leased Property necessary to cause the Projects to comply with the standards described in Section 5.1, including major repairs, alterations, improvements, renewals or replacements to the structure, roof, or exterior facade of the Leased Improvements and to the mechanical, electrical, heating, ventilating, air conditioning, plumbing, and vertical transportation systems of the Leased Improvements (hereinafter referred to as "Major Repairs"), as well as routine repairs and replacements of furnishings, fixtures and equipment, including routine repairs and replacements to the mechanical, electrical, heating, ventilating, air conditioning and plumbing systems, and routine maintenance to the Leased Improvements, which are normally capitalized under GAAP (hereinafter referred to as "Routine Repairs"). During the Fixed Term, Landlord agrees to allocate annually to the Capital Expenditure Reserve an amount equal to not less than the product of $125.00 times the number of beds within the Leased Improvements (i.e., initially $736,750.00 per annum, based on 5,894 beds). During any Extension Term, the minimum annual amount to be allocated to the Capital Expenditure Reserve shall be adjusted by an amount which reflects any increase or decrease in the Consumer Price Index during the preceding five (5) year period, as calculated in the manner set forth in Section 3.3(a) hereof. In addition, in the event of the termination of this Lease with respect to any individual Property pursuant to the terms of Section 2.4(b), Article 10, Article 11, Section 15.2, or Section 15.4 hereof, the minimum annual allocation to the Capital Expenditure Reserve shall be adjusted to reflect the applicable reduction in the number of beds within the Leased Improvements. Any portion of Capital Expenditure Reserve which is not actually disbursed by Landlord during a Fiscal Year for Approved Capital Expenditures as described below shall remain available to Tenant for use during any subsequent Fiscal Year.
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Capital Repairs and Replacements. (a) Notwithstanding any provision of Paragraph 7.1 to the contrary, but subject to the provisions of Paragraphs 6.3, 7.2, the Work Letter and this Paragraph 7.3, in the event that the performance of any maintenance or repair obligation of Tenant under Paragraph 7.1 shall require the performance of a Capital Item with respect to part of the Improvements, other than with respect to any Excluded Items (as defined in Paragraph 7.3(b) below), the actual out-of-pocket cost and expense of the Party or Parties performing such Capital Item (as to such Capital Item) ("Capital Item Costs") shall be allocated between Landlord and Tenant as follows:
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Capital Repairs and Replacements. The parties agrees that the costs of all normal wear and tear capital repairs and replacements to the Improved JUA, including without limitation pool pump or plumbing repairs or replacement and pool resurfacing, shall be divided equally among the parties. The parties’ designees shall agree upon all such repairs in advance and the Board shall be the party securing the goods or services. Once the Board has paid for the goods and services, it shall invoice the City for one-half of the cost and the City shall remit payment within forty-five (45) days of receipt. Nothing herein shall preclude the Board, in its sole discretion, from unilaterally making such repairs and replacements so long as it pays the entire cost of such repairs and replacements. Notwithstanding this section or anything else contained herein to the contrary, if any fixture, equipment, or improvement on the Improved JUA is damaged by one of the parties or their employees, agents, guests, invitees, or students, that party shall be responsible for the entire cost of the capital repair or replacement of that fixture, equipment, or improvement.
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Capital Repairs and Replacements. Landlord shall have no obligation to make any capital repairs of any kind or nature during the Term. If Tenant determines that any capital repairs are desired or necessary for Tenant’s continued lawful use of the Premises, then Tenant may make such repairs or replacements at its sole costs and expense. If Landlord is required by law to make any capital repairs or replacements to the Premises for any reason, then Landlord may terminate this Lease with thirty (30) days prior written notice to Tenant, or Landlord may elect to make such repairs and Tenant shall pay to Landlord the actual costs of such capital repairs and/or reimburse Landlord for the cost of such capital repairs within thirty (30) days after delivery of written demand therefore from Tenant.
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Capital Repairs and Replacements. If it is commercially reasonable to make a Capital Replacement to a portion of the Building that Landlord is obligated to maintain and repair pursuant to this Lease such Capital Replacement shall be performed with equipment and procedures of the type that would be acceptable to a commercially reasonable landlord of a Class A office property in the City of Pittsburgh. Except as set forth below, the cost of the Capital Replacement may be included as part of Operating Expenses to the extent permitted by this Section 5.2(k). The cost of the Capital Replacement shall be amortized on a straight line basis over the useful life of the Capital Replacement as determined by generally accepted accounting principles together with interest at the rate of eight percent (8%) per annum (the “Amortized Cost”). For example, if a Capital Replacement costs $100,000 and has a useful life of ten years, the monthly reimbursable cost of the Capital Replacement would be $1,213.28. From and after the date the Capital Replacement is completed and during the remaining term of this Lease, Tenant shall reimburse Landlord for Tenant’s Proportionate Share of the monthly Amortized Cost of the Capital Replacement. For purposes of this Lease a “Capital Replacement” shall be the repair or replacement of an improvement, when the cost of such repair or replacement is not fully deductible in the year incurred in accordance with generally accepted accounting principals. Provided, however, costs associated with the following Capital Replacements shall not be included in Operating Expenses: (i) repairs and replacements performed after a casualty or a Condemnation governed by Section 12 and 13 of this Lease, (ii) any items excluded from Operating Expenses pursuant to Section 5.3 of this Lease, (iii) Capital Replacements to a Building’s HVAC system or any components thereof made during the first ten Lease Years, (iv) Capital Replacements relating to a Building roof made during the first 15 Lease Years (or such longer period if a roof warranty has not expired), and (v) any Capital Replacement made to correct defects in the initial construction of the Buildings.
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Capital Repairs and Replacements. Notwithstanding anything contained in this Lease to the contrary:
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Capital Repairs and Replacements. CONTRACTOR shall prepare a Capital Budget for CITY's approval in accordance with the next paragraph. Capital improvements, including normal repairs and capital replacement, shall mean any repair or replacement with a value of over $5,000 and an expected useful life of over 5 years.
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Related to Capital Repairs and Replacements

  • Repair and Replacement Subject to obtaining prior written permission of the Authority and any instructions/specifications issued by the Authority, the Operator may if need so arises, replace or install any equipment or accessory for beyond the specifications inside or on the outside of the Contracted Buses. In the event the Operator replaces or installs any equipment or accessory in accordance with this provision, it shall ensure that such additional equipment or accessory is compatible with the existing bus components, parts, software, accessories, or equipment.

  • Alterations and Repairs Lessee shall not make or permit to be made any alterations, additions, improvements, or changes in the Premises without the prior written consent of Lessor, which consent Lessor shall not unreasonably withhold, provided that Lessor may make such consent subject to reasonable conditions. Subject to the services to be rendered by Lessor as set forth in the Schedule, Lessee shall, at Lessee's own expense, keep the Premises in good order, condition, and repair during the term, including the replacement of all broken glass with glass of the same size and quality under the supervision and with the approval of Lessor. If Lessee does not make repairs promptly and adequately, Lessor may, but need not, make repairs and Lessee shall pay promptly the reasonable cost thereof. At any time or times, Lessor, either voluntarily or pursuant to governmental requirements, may, at Lessor's own expense, make repairs, alterations, or improvements in or to the Building or any part thereof, including the Premises, and, during such operations Lessor may close entrances, doors, corridors, elevators, or other facilities, all without any liability to Lessee by reason of interference, inconvenience, or annoyance; provided that Lessee shall have access to the Premises sufficient for conduct of Lessee's business. Lessor shall not be liable to Lessee for any expense, injury, loss, or damage resulting from work done in or upon, or the use of, any adjacent or nearby building, land, street, or alley, provided that Lessor makes a reasonable effort to minimize the disruption to Lessee's business. In the event Lessee requests that repairs, alterations, decorating, or other work in the Premises be made during periods other than ordinary business hours, Lessee shall pay Lessor for overtime and other additional expenses incurred because of such request.

  • Maintenance, Alteration and Repair (a) Resident is responsible for and agrees to take good care of the premises, fixtures and all common areas. Resident may not remove any of Owner’s property and will not perform any repairs, upgrades, painting, wallpapering, electric changes or other alterations of the premises without prior written consent from Owner. Resident will be responsible for damage from waste stoppages caused by foreign or improper objects or improper use in lines serving bathrooms, damage to fixtures, appliances, doors, windows, screens, damage from water faucets left on or from doors left open, and repairs or replacements to alarm devices necessitated by misuse or damage by Resident and/or guests. Extraordinary appliances or furnishings such as satellite dishes, hot tubs, pool tables, water beds or high utility-consuming devices may not be installed or placed on the premises or anywhere at the Property without Owner’s prior written consent, in its sole discretion. SAMPLE

  • Replacements and Replacement Reserve (a) Borrower shall cause Mortgage Borrower to comply with all of the terms and conditions set forth in Section 7.3 of the Mortgage Loan Agreement.

  • Maintenance Repairs and Alterations 6.01 Tenant's Obligations to Repair ------------------------------ Tenant shall at its sole cost and expense, maintain in clean and safe condition, and make all repairs and replacements to the Premises and every part thereof, structural and non-structural, so as to keep, maintain and preserve the Premises in first class condition and repair, including, without limitation, the roof, the foundation, the heating, ventilation and air conditioning system ("HVAC"), elevators, if any, all plumbing and sewage facilities, fire sprinklers, electrical and lighting facilities, systems, appliances, and equipment within the Premises, fixtures, interior and exterior walls, floors, ceilings, windows, doors, entrances, all interior and exterior glass (including plate glass), and skylights located within the Premises, and all sidewalks, service areas, parking areas and landscaping comprising part of the Premises. All repairs and replacements required to be made by Tenant shall be made promptly with new materials of like kind and quality to those used in the original construction of the Premises. If the repair or replacement work affects the structural parts of the Premises, or if the estimated cost of any item or repair or replacement exceeds $10,000, then Tenant shall first obtain Landlord's written approval of the scope of work, plans therefor, and materials to be used. Any such work shall be performed by Landlord's contractor or by such contractor as Tenant may choose from an approved list to be submitted by Landlord. Landlord shall have the right to make any repairs or replacements which are not promptly made by Tenant and charge Tenant, as Additional Rent, for the cost thereof together with interest thereon at the Agreed Rate from the date of payment thereof by Landlord. Without limiting any of Tenant's obligations hereunder, during the Lease Term Tenant, at its expense, shall obtain and keep in force an HVAC service contract and a roof maintenance program satisfactory to Landlord. Tenant hereby waives the benefit of any statute now or hereafter in effect which would otherwise afford Tenant the right to make repairs at Landlord's expense or to terminate this Lease because of Landlord's failure to keep the Premises in good condition, order and repair. Tenant specifically waives all rights it may have under Sections 1932(1), 1941 and 1942 of the California Civil Code, and any similar or successor statute or law. Notwithstanding anything to the contrary contained herein, Landlord shall exercise its rights under any guaranties or warranties relating to the original construction of the Premises if the need to make repairs arises due to a defect therein; provided, however, Landlord shall not have any liability or be required to expend any funds if such guaranties or warranties are not honored by the makers hereof.

  • Maintenance and Repairs 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.

  • Repairs and Alterations 5.1 The tenant agrees:-

  • MAINTENANCE AND REPAIR; RULES Tenant will, at its sole expense, keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of this Agreement and any renewal thereof. Without limiting the generality of the foregoing, Tenant shall:

  • Repairs Landlord shall at all times during the Lease Term maintain in good condition and operating order in a manner consistent with Comparable Buildings the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property or to any equipment located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

  • LANDLORD’S MAINTENANCE AND REPAIR Subject to Section 7.1 and Article XI, Landlord shall maintain in good operating condition and repair all parts of the Premises that are not Tenant’s obligation under Section 7.1 and all areas outside of the Premises including, without limitation, all portions and elements of the roof (including sky lights and related seals), foundations, footings, the exterior surfaces of the exterior walls of the Building (including exterior glass and doors), structural walls, passenger and freight elevators and the structural, life/safety, electrical and mechanical systems (except for HVAC systems and equipment) in or serving the Building, except that Tenant at its expense shall make all repairs which Landlord deems reasonably necessary as a result of the act or negligence of Tenant, its agents, employees, invitees, subtenants or contractors. Landlord shall have the right to employ or designate any reputable person or firm, including any employee or agent of Landlord or any of Landlord’s affiliates or divisions, to perform any service, repair or maintenance function. Landlord need not make any other improvements or repairs except as specifically required under this Lease, and nothing contained in this Section shall limit Landlord’s right to reimbursement from Tenant for reasonable maintenance, repair costs and replacement costs as provided elsewhere in this Lease (but subject to any limitations therein provided). Tenant understands that it shall not make repairs at Landlord’s expense or by rental offset. Tenant further understands that Landlord shall not be required to make any repairs to the roof, foundations, footings, the exterior surfaces of the exterior walls of the Building (excluding exterior glass), or structural, electrical or mechanical systems unless and until Tenant has notified Landlord in writing of the need for such repair and Landlord shall have a reasonable period of time thereafter to commence and complete said repair, if warranted. Except as set forth in Sections 2.4 and 4.2 of this Lease, all costs of any maintenance, repairs and replacement on the part of Landlord provided hereunder shall be considered part of Project Costs.

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