MAINTENANCE/UTILITIES Sample Clauses
The MAINTENANCE/UTILITIES clause defines the responsibilities of the parties regarding the upkeep of the premises and the payment of utility services. Typically, it specifies which party—landlord or tenant—is responsible for routine maintenance, repairs, and the costs of utilities such as water, electricity, and gas. For example, the tenant may be required to keep the premises clean and pay for their own electricity, while the landlord handles structural repairs and property taxes. This clause ensures clarity in the division of ongoing operational costs and maintenance duties, helping to prevent disputes over who is responsible for specific expenses or repairs during the lease term.
MAINTENANCE/UTILITIES. (a) Landlord shall not be required to perform any rehabilitation or maintenance of any existing improvements located within the Premises. Subject to the prior written approval of Landlord and Landlord’s legal counsel, Tenant may remove rail ties, rail track and signal equipment from the Premises and retain any value received from salvage of such rail ties, rail track and signal equipment; provided, however, in no event may Tenant remove any bridges, tunnels, or culverts from or existing on the Premises. Tenant shall maintain and operate the Premises any and all Tenant Improvements or other improvements thereon at Tenant’s sole cost and expense. The Tenant shall immediately notify Landlord in writing of any violations of the terms of this Lease or other concerns revealed by ▇▇▇▇▇▇’s inspections of the Premises or Tenant’s Improvements therein. The Tenant shall provide in the Annual Status Reports to the Landlord details and supporting information regarding the maintenance activities, results of inspections and actions taken, and other activities encompassed in this provision in the prior year and the ensuing year.
(b) Tenant shall, during the Term of this Lease (including any Renewal Term), (i) maintain the Premises and all Tenant Improvements, buildings and improvements thereon (interior and exterior, structural and otherwise) in good order and repair, ordinary wear and tear excepted consistent with the Landlord approved Phase Plans for each Phase of the Premises; (ii) not commit waste or permit impairment or deterioration of the Premises (normal wear and tear excepted); (iii) comply in all material respects with all laws, ordinances, regulations and requirements of any governmental body applicable to the Premises (including, without limitation, the Sign Regulations); (iv) provide prompt notification to Landlord of any material adverse changes to the Premises of which Tenant is aware; and (v) return the Premises and all Tenant Improvement, buildings and improvements thereon at the expiration of the Term of this Lease (as may be extended by any Renewal Term) in as reasonably as good condition as when received, ordinary wear and tear excepted.
(c) Tenant shall pay all charges for heat, water, gas, sewage, electricity and other utilities used or consumed on the Premises and shall contract for the same in its own name. Landlord shall not be liable for any interruption or failure in the supply of any such utility service to the Premises.
MAINTENANCE/UTILITIES. (a) Subtenant will keep and maintain the Premises and Communication Facility in good condition, reasonable wear and tear and damage from the elements excepted. If Subtenant fails to maintain, repair or replace the Premises as required by this section, Sublandlord may, upon ten (10) days’ prior notice to Subtenant (except that no notice shall be required in the case of an emergency), enter the Premises and perform such maintenance or repair (including replacement, as needed) on behalf of Subtenant. In such case, Subtenant shall reimburse Sublandlord for all costs reasonably incurred in performing such maintenance or repair, plus ten percent (10%), immediately upon demand. Sublandlord will maintain and repair the Property and access thereto, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements.
(b) Subtenant will be responsible for paying when due all utilities charges for electricity, telephone service or any other utility used or consumed by Subtenant on the Premises. In the event Subtenant cannot secure its own metered electrical supply. Subtenant will have the right at its own cost and expense, to submeter from the Sublandlord. When submetering is necessary and available, Sublandlord will read the meter on a monthly or quarterly basis and provide Subtenant with the necessary usage data in a timely manner to enable Subtenant to compute such utility charges. Failure by Sublandlord to perform this function will limit utility fee recovery by Sublandlord to a 12-month period. Sublandlord will reasonable cooperate with any utility company requesting an easement over, under and across the Property in order for the utility company to provide service to the Subtenant. Sublandlord will not be responsible for interference with, interruption of or failure, beyond the reasonable control of Sublandlord, of such services to be furnished or supplied by Sublandlord.
MAINTENANCE/UTILITIES. (a) Tenant will keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements excepted. Landlord will maintain and repair the Property and access thereto and all areas of the Premises where Tenant does not have exclusive control, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements.
(b) Tenant will be responsible for paying on a monthly or quarterly basis all utilities charges for electricity, telephone service or any other utility used or consumed by Tenant on the Premises. In the event Tenant cannot secure its own metered electrical supply, Tenant will have the right, at its own cost and expense, to submeter from Landlord. When submetering is required under this Agreement, Landlord will read the meter and provide Tenant with an invoice and usage data on a monthly basis. ▇▇▇▇▇▇▇▇ agrees that it will not include a markup on the utility charges. Landlord further agrees to provide the usage data and invoice on forms provided by Tenant and to send such forms to such address and/or agent designated by Tenant. Tenant will remit payment within forty-five (45) days of receipt of the usage data and required forms. As noted in Section 4(c) above, any utility fee recovery by Landlord is limited to a twelve (12) month period. If Tenant submeters electricity from Landlord, ▇▇▇▇▇▇▇▇ agrees to give Tenant at least twenty-four (24) hours advance notice of any planned interruptions of said electricity. Landlord acknowledges that Tenant provides a communication service which requires electrical power to operate and must operate twenty-four (24) hours per day, seven (7) days per week. If the interruption is for an extended period of time, in Tenant’s reasonable determination, Landlord agrees to allow Tenant the right to bring in a temporary source of power for the duration of the interruption. Landlord will not be responsible for interference with, interruption of or failure, beyond the reasonable control of Landlord, of such services to be furnished or supplied by Landlord.
MAINTENANCE/UTILITIES. (a) Tenant will keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements excepted. Landlord will maintain and repair the Property and access thereto, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements.
(b) Tenant will be responsible for paying on a monthly or quarterly basis all utilities charges for electricity, telephone service or any other utility used or consumed by Tenant on the Premises. In the event Tenant cannot secure its own metered electrical supply, Tenant will have the right, at its own cost and expense, to submeter from the Landlord. When submetering is necessary and available, Landlord will read the meter on a monthly or quarterly basis and provide Tenant with the necessary usage data in a timely manner to enable Tenant to compute such utility charges. Failure by Landlord to perform this function will limit utility fee recovery by Landlord to a 12-month period. Landlord will fully cooperate with any utility company requesting an easement over, under and across the Property in order for the utility company to provide service to the Tenant. Landlord will not be responsible for interference with, interruption of or failure, beyond the reasonable control of Landlord, of such services to be furnished or supplied by Landlord.
MAINTENANCE/UTILITIES. (a) TENANT shall keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements excepted. LANE COUNTY shall maintain the Property and access thereto in good and usable condition, subject to reasonable wear and tear and damage from the elements.
(b) TENANT shall be responsible for paying all equipment power fees as outlined in ATTACHMENT A, TOWER SITE RATE SCHEDULE, as well as be responsible for all wireline circuits or any other utility fees used or consumed by TENANT on the Premises. LANE COUNTY shall not be held responsible for utility service problems that are not willfully caused by LANE COUNTY.
MAINTENANCE/UTILITIES. (a) Licensee will keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements excepted. Unless any damage is caused by Licensee, Licensor will maintain and repair the Property and access thereto, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements. In particular, Licensee shall ensure that at all times Licensee’s improvements will cause no damage to the Property, and no water leakage or seepage arising from or related to any of the improvements made by Licensee on or to the Property. Licensee shall make regular periodic inspections of the Premises, , no less than once in each calendar quarter.
(b) Licensee will be responsible for paying on a monthly or quarterly basis all utilities charges for electricity, telephone service or any other utility used or consumed by Licensee on the Premises. Licensee shall exercise its best efforts to obtain a separate meter to measure Licensee’s utility usage, but if Licensee cannot secure its own metered electrical supply, Licensee will have the right, at its own cost and expense, to submeter from the Licensor. When submetering is required under this Agreement, Licensor will read the meter and provide Licensee with an invoice and usage data on a monthly basis. Licensor agrees that it will not include a markup on the utility charges. Licensor further agrees to provide the usage data and invoice on forms provided by Licensee and to send such forms to such address and/or agent designated by Licensee. Licensee will remit payment within thirty (30) days of receipt of the usage data and required forms. Licensor shall maintain accurate and detailed records of all utility expenses, invoices and payments applicable to Licensee reimbursement obligations hereunder. Within fifteen (15) days after a request from Licensee, Licensor shall provide copies of such utility billing records to the Licensee in the form of copies of invoices, contracts and cancelled checks. If the utility billing records reflect an overpayment by Licensee, then Licensee shall have the right to deduct the amount of such overpayment from any monies due to Licensor from Licensee.
(c) As noted in Section 4(c) above, any failure by Licensor to perform this function will limit utility fee recovery by Licensor to a 12-month period. If Licensee submeters electricity from Licensor, ▇▇▇▇▇▇▇▇ agrees to give Licensee at least 24 hours advanced notice of any planned interruptions of sa...
MAINTENANCE/UTILITIES. Southern Sno will keep and maintain the Property in good condition. Southern Sno will be solely responsible for and promptly pay all utilities charged for electricity, telephone service or any other utility used or consumed by Southern Sno on the Property.
MAINTENANCE/UTILITIES. Subject to the Park District’s obligations in Exhibit B, each Party shall be responsible for cleaning the sites they own, and shall maintain such sites in a safe condition and in compliance with all applicable, laws, rules, ordinances, and requirements under this Agreement. The Park District shall be responsible for maintaining the buildings, grounds and mechanical systems at its sites and the Board shall be responsible for maintaining the buildings and mechanical systems at its sites.
MAINTENANCE/UTILITIES. Notwithstanding anything to the contrary provided in this Sublease, unless otherwise expressly provided in this Sublease to the contrary, Sublessor shall remain obligated for all maintenance obligations of the “Lessee” under the Prime Lease and for payment of all Total Operating Costs to the Prime Lessor pursuant to the terms of the Prime Lease. Further:
A. Sublessor shall be responsible for improvements and repairs to the Premises in the event of: (a) structural issues with the improvements; (b) damage occurring from “acts of God”; (c) damage to service lines servicing the Premises where such damage beyond ordinary wear and tear is not a result of an act of Sublessee, its employees, agents or contractors; (d) defects in the construction or placement of any service lines or septic system servicing the Premises; (e) damage to the asphalt parking areas where such failure is not a result of negligence or willful misconduct of Sublessee, its employees, agents or contractors; and (f) damage to or failure of any infrastructure system or any component thereof (including as a result of ordinary wear and tear) including, but not limited to, plumbing, heating, electrical, roof, water, sewer, etc., so long as such damage or failure is not a result of negligence or willful misconduct of Sublessee, its employees, agents or contractors.
B. Notwithstanding anything in Article 9 to the contrary, Sublessee shall be responsible for maintaining the following items within the Premises, subject to ordinary wear and tear: (a) plate glass doors, (b) window frames, (c) window moldings, (d) hardware, (e) nonstructural ceilings and walls, (f) exterior entrances, (g) fixtures, (h) partitions, (i) HVAC systems, and (j) electrical, plumbing, lighting and mechanical apparatuses and systems not otherwise required to be maintained by Sublessor as provided in Section 9.A. above.
C. Sublessee hereby covenants and agrees to pay all costs for utilities and services utilized by Sublessee at the Premises including gas, electric, snowplowing, refuse and all other utilities or services that Sublessee uses at the Premises including any sweeping of the parking lot located therein. Sublessee shall arrange and pay for its own janitorial service, security system, telecommunication systems, and any and all other services that Sublessee desires.
D. Sublessee shall fulfill all of Sublessee’s obligations under this Section 9 at Sublessee’s sole expense. If Sublessee fails to maintain, repair or replace t...
MAINTENANCE/UTILITIES. The City shall maintain the Premises at its expense, including all buildings, structures, equipment, playgrounds, walks, foot trails, bicycle paths, roads, parking, stream banks, utilities and other improvements on the Premises, in good order and safe condition. The City shall not cut down live trees on the Premises without the consent of ISU, but the City may transplant existing trees and shrubs, install new plantings and trim dead and/or broken limbs that create hazardous situations. The City shall establish all utilities to the Premises in its name and timely pay all utility service providers. ISU reserves the right to require the City to remove, at the City’s expense, any building, structure or equipment that is unsafe, damaged beyond ordinary wear and tear, or inconsistent with the use as a public park.