Common use of Lessor’s Responsibilities Clause in Contracts

Lessor’s Responsibilities. The parties agree that LESSOR shall: (a) Make, at its expense, any alterations to the PREMISES described in the Specifications and Drawings, which are hereby incorporated and made a part of this LEASE as Exhibit J, provided by LESSEE before LESSEE takes possession, and until such alterations are completed, LESSEE shall not be liable for the payment of any rent. LESSOR agrees and acknowledges that all change orders must be signed and authorized by the Department of General Services, Bureau of Real Estate. Further, any such change orders which exceed five thousand dollars ($5,000.00) and all change orders when the aggregate of change orders will exceed fifty thousand dollars ($50,000.00) must also be signed and authorized by the Commonwealth of Pennsylvania, Office of the Budget. Failure of the LESSOR to obtain the required signatures shall relieve the Commonwealth from any obligation to pay for any work described in such change order(s). LESSOR shall not receive remuneration which is in addition to the rent for any construction or alteration to the premises outside the scope of work, unless LESSEE has, by a fully executed lease amendment containing the details of said construction or alterations, as well as the specific cost, agreed to such payment. (b) Comply with all requirements of the Pennsylvania Department of Labor and Industry pertaining to safety and other hazards including fire, and ensure that the storeroom conforms to all applicable federal, state, and local building codes and laws. Any and all laws, rules, regulations, zoning permits, use and/or occupancy requirements, and fees including annual sign fees, of city, township, borough, county, state, and federal governmental entities shall be borne and obeyed by LESSOR. All phases of preparation and work shall be followed and carried out in strict accordance with such requirements, even though each item involved be not herein particularly specified. Obtaining all permits, (building, use, occupancy, etc.) shall be the responsibility of LESSOR. LESSOR shall furnish a Pennsylvania Department of Labor and Industry or local authority occupancy permit after work is completed. (c) Assume liability for all damages resulting from failure to maintain the PREMISES in a tenantable condition. (d) During the term of this LEASE and any renewals or extensions thereof, and at LESSOR's expense, keep and maintain the premises in a tenantable condition, and make all interior and exterior repairs, including all plumbing and drainage, water heating, HVAC (heating, ventilation, and air conditioning), wiring and electrical, door and door hardware, emergency lighting, smoke detecting and any other equipment necessary for an efficient, safe, unaffected store operation. (e) Procure, install, and maintain any and all fire alarm and sprinkler systems required by the governing authority or LESSOR's insurance policy. Responsibility for all repairs, parts, labor, any fees or fines associated with false alarms, unless caused by the willful or negligent acts of the LESSEE's personnel, agents, contractors, or invitees shall be borne by the LESSOR. (f) Provide and maintain heating equipment sufficient to maintain a uniform temperature of 70 degrees Fahrenheit inside at 0 degrees outside. Provide and maintain air conditioning sufficient to maintain a uniform temperature of 75 degrees Fahrenheit dry-bulb with 50% relative humidity inside when outside design conditions are 95 degrees Fahrenheit dry-bulb and 78 degrees Fahrenheit wet-bulb temperatures. (g) Provide temporary back-up electric heaters or fans, if the HVAC system is non-functional and repairs are not made within twenty-four (24) hours, to prevent damage to the building systems and LESSEE's products and to ensure continued store operations. (h) Maintain the roof of the PREMISES in compliance with acceptable trade practices, free from leaks. LESSOR agrees to make repairs to the roof within thirty-six (36) hours. (i) Replace ceiling tiles damaged or stained as a result of any roof, air conditioning, plumbing, or sprinkler leaks immediately upon completion of leak repair. (j) Maintain floors to support one hundred fifty (150) pounds live load per square foot. (k) Provide and maintain access to tractor trailer delivery facilities. (l) Maintain, including snow and ice removal (within twelve hours of end of snow fall/storm) and illumination, the parking areas used for customer and/or LESSEE's employee parking. LESSOR is also responsible for snow and ice removal of sidewalk area in front of and around the lease facility. (m) Maintain good condition of exterior painting and other storefront finish materials. (n) At its sole expense and when discovered or when notified by LESSEE, contract with a professional pest control service to exterminate or remove termites or other structure-damaging insects or non-insect pests. (o) Replace all door, window and transom glass where damaged or broken, except when glass is damaged or broken by LESSEE's personnel. (p) When LESSEE's store is closed (e.g. on Sundays and state-recognized holidays), maintain sidewalk and curb in front of the PREMISES in good appearance free of refuse and in safe condition with respect to snow and ice. (q) Provide and maintain tenant identification signage that meets LESSEE's approval. (r) Prohibit the placing of signs of any kind or description on the outside of the building (except by LESSEE if the entire building is leased to LESSEE) and, if only part of the building is leased to LESSEE, prohibit the encroachment of signs on such part and the placing anywhere on the building of signs that are in any way misleading to the public as to the nature of the business operated on the PREMISES.