Common use of Construction, and Repair Clause in Contracts

Construction, and Repair. All construction, alteration or repair work requiring workers to perform activity or to use or locate materials, tools or equipment (such as, but not limited to, compressors, sawhorses, tool boxes, scaffolds, ladders and barricades) in the Common Area (other than Exclusive Use Areas) during the course of performing such work, whether such work is undertaken with respect to building Improvements located on a Parcel or in the Common Area, shall be subject to the prior written approval of the Board (or any committee of the Board established in accordance with the Bylaws for the purpose of administering this Section) and shall be accomplished in the most expeditious and speedy manner consistent with ongoing business operations within the Center. The Owner or Occupant undertaking such work shall take all measures necessary to minimize any disruption or inconvenience caused by such work. Such work shall be accomplished by the Owner or Occupant undertaking it in a reasonable manner so EXHIBIT F -31- PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] that any damage or adverse effect which might be caused by such work to any other Owner or Occupant or to any Parcel (including the Parcel on which the work is being accomplished) is minimized. The Owner or Occupant undertaking such work shall repair at its own cost any and all damage caused by such work and shall restore the affected portion of any Parcel (including the Parcel upon which such work is performed) to a condition which is equal to or better than the condition which existed prior to the beginning of such work. In addition, the Owner or Occupant undertaking such work shall pay all costs and expenses associated therewith and shall indemnify, protect, defend and hold the Association and all other Owners and Occupants harmless from all liabilities, damages, losses, costs, expenses or claims arising out of, in connection with or attributable to the performance of such work. Except in cases of emergency, all such work shall be undertaken only after giving the Board ten (10) days prior written notice of the work to be undertaken, the scope and nature of the work, the duration of the work and the area in which the work is to be performed. Notwithstanding the foregoing, construction, alteration or repair work to be accomplished outside the Common Area may be made without the consent of or prior written notice to the Board (or committee thereof) required under this Section.

Construction, and Repair. All constructionThe Tenant agrees to maintain the Premises and any improvements thereon in good condition and repair. The Tenant shall maintain all portions of the Premises and adjoining areas in a clean and orderly condition, alteration free of dirt, rubbish, and unlawful constructions, and according to the minimum standards and policies established by the Landlord from time to time. In case of any dispute which may arise at any time between the Landlord and Tenant as to the standard of care and maintenance of the Premises, the standard and care of the Premises and the adjoining areas shall conclusively be determined by the Airport Director of the Xxxxxxxx Memorial Airport acting in good faith and exercising reasonable judgment. The Landlord, by its authorized representatives, shall have the right to enter upon the Premises at any reasonable time for the purposes of maintenance inspection conducted in a manner such that it will not unreasonably interfere with or repair work requiring workers disrupt Tenant’s operation. The Tenant may, from time to perform activity or to use or locate materialstime, tools or equipment (at its own expense, make such as, but not limited to, compressors, sawhorses, tool boxes, scaffolds, ladders improvements in and barricades) in about the Common Area (other than Exclusive Use Areas) during the course of performing such workPremises, whether structural or otherwise, and may install such work is undertaken machinery, equipment and facilities therein as may be considered proper and necessary in connection with respect to building Improvements located on a Parcel or in the Common Areause and operation of the Premises, provided, however, that all such construction and improvements shall be subject done according to plans drawn up by a qualified architect or engineer and submitted in advance to the prior Airport Director of Xxxxxxxx Memorial Airport, which plans must have the advance written approval of the Board (Airport Director and a building permit issued by the Xxxxxxx County Building Department prior to commencing any work. All costs incurred by Landlord in reviewing the plans or any committee assisting the Tenant in complying with FAA regulations relating to the improvement, including without limitation, the Notice of the Board established in accordance with the Bylaws for the purpose of administering this Section) and Proposed Construction or Alteration, shall be accomplished in the most expeditious and speedy manner consistent with ongoing business operations within the Center. The Owner or Occupant undertaking such work shall take all measures necessary to minimize any disruption or inconvenience caused reimbursed by such work. Such work shall be accomplished by the Owner or Occupant undertaking it in a reasonable manner so EXHIBIT F -31- PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] that any damage or adverse effect which might be caused by such work to any other Owner or Occupant or to any Parcel (including the Parcel on which the work is being accomplished) is minimized. The Owner or Occupant undertaking such work shall repair at its own cost any and all damage caused by such work and shall restore the affected portion of any Parcel (including the Parcel Tenant upon which such work is performed) to a condition which is equal to or better than the condition which existed prior to the beginning of such work. In addition, the Owner or Occupant undertaking such work shall pay all costs and expenses associated therewith and shall indemnify, protect, defend and hold the Association and all other Owners and Occupants harmless from all liabilities, damages, losses, costs, expenses or claims arising out of, in connection with or attributable to the performance of such work. Except in cases of emergency, all such work shall be undertaken only after giving the Board ten (10) days notice from Landlord of the costs incurred. The exterior paint, trim, and exterior finish must be in accordance with the rules and regulations adopted from time to time by the Landlord. Tenant shall not demolish or alter any existing buildings or improvements, or parts thereof, without the express prior written notice consent of the work to be undertaken, the scope and nature of the work, the duration of the work and the area in which the work is to be performed. Notwithstanding the foregoing, construction, alteration or repair work to be accomplished outside the Common Area may be made without the consent of or prior written notice to the Board (or committee thereof) required under this SectionLandlord.