Common use of REPAIR AND MAINTENANCE OF PREMISES Clause in Contracts

REPAIR AND MAINTENANCE OF PREMISES. Tenant agrees that, beginning on the date it takes possession of the leased premises and continuing throughout the term of this Lease, at its sole cost and expense, it will keep and maintain the leased premises, including without limitation any altered, rebuilt or additional buildings, structures, equipment, machinery, fixtures, furnishings and other personal property, improvements and appurtenances thereto, in good repair and appearance, and will with reasonable promptness make all structural and nonstructural, foreseen and unforeseen, and ordinary and extraordinary changes, repairs, and replacements of every kind and nature which may be required to be made upon or in connection with the leased premises or any part thereof in order to keep and maintain the leased premises in such good repair and appearance. All such changes, repairs and replacements shall be of first class quality sufficient for the proper maintenance and operation of the leased premises. Tenant shall not permit the accumulation of waste or refuse matter, nor permit anything to be done on the leased premises which would invalidate or prevent the procurement of any insurance policies which may at any time be required pursuant to the provisions of SECTION 11. Lessor shall not be required to maintain, repair or rebuild or to make any alterations, replacements or renewals of any nature or description in or to the leased premises or any part thereof, whether ordinary or extraordinary, structural or nonstructural, foreseen or unforeseen, or to maintain the leased premises or any part thereof in any way, and Tenant hereby expressly waives any right to make repairs at the expense of Lessor which may be provided for in any statute or law in effect at the time of the execution of this lease or any statute or law which may thereafter be enacted.

REPAIR AND MAINTENANCE OF PREMISES. Subject to the terms of Articles XIII and IX hereof, Tenant agrees that, beginning on the date it takes possession of the leased premises and continuing throughout the term of this Leaseshall, at its sole cost and Tenant’s expense, it will keep and maintain the leased premisesPremises and all Leasehold Improvements in good order, condition and repair, reasonable wear and tear excepted. Subject to warranties provided to Landlord in connection with the Tenant Improvements in accordance with EXHIBIT D, Landlord is not responsible for replacing and/or or repairing Tenant’s fixtures or above standard improvements, including without limitation any alteredbut not limited to, rebuilt supplemental heating, ventilating and cooling, hot water heaters, insta-hots, garbage disposals, dishwashers, stoves, micro-waves, refrigerators, ice machines, coffee machines, or additional buildingsother appliances, structuresor for replacing and/or repairing above building standard fixtures including but not limited to plumbing and/or electric such as sinks, equipment, machinery, sink fixtures, furnishings sink drain lines, appliance drain lines, water source plumbing, GFIs, dedicated outlets or items to those effect. Landlord shall maintain the structural integrity of the Internal Stairwell (but not the finishes the maintenance of which shall be Tenant’s responsibility in accordance with this Section). Tenant shall make any interior alterations, repairs and/or replacements to the Premises required by any governmental entity resulting from Tenant’s specific use of the Premises (as opposed to mere office use) or required in connection with Alterations performed by Tenant. Tenant’s work under this Section 7.02 is (a) subject to the prior approval and other personal propertysupervision of Landlord, improvements including, without limitation, Landlord’s reasonable approval of all contractors and appurtenances theretosubcontractors performing the work, (b) must be performed in good repair compliance with Applicable Law and appearancethe Building Rules and Regulations, and will with reasonable promptness (c) must be performed in a first-class, lien free and good and workmanlike manner. Without limiting Landlord’s rights under Section 15.02C below, Landlord may, at its option and without obligation, elect to make all structural and nonstructural, foreseen and unforeseen, and ordinary and extraordinary changes, repairs, and replacements of every kind and nature which may be any repairs required to be made upon by Tenant outside of the Premises and any structural repairs which are otherwise Tenant’s responsibility and Tenant shall reimburse Landlord for the actual and reasonable out of pocket cost thereof (without mxxx-up or profit) within thirty (30) days after demand, together with reasonable supporting documentation evidencing the cost thereof. As used herein, “Leasehold Improvements” means any alterations and improvements made to the Premises by Landlord pursuant to this lease (as it may be amended) or by or otherwise on behalf of Tenant, including, without limitation, any initial alterations or improvements made to the Premises in connection with Tenant’s initial occupancy thereof, including, without limitation the leased premises or any part thereof in order to keep and maintain the leased premises in such good repair and appearance. All such changes, repairs and replacements shall be of first class quality sufficient for the proper maintenance and operation of the leased premisesTenant Improvements. Tenant shall not permit the accumulation of waste or refuse matter, nor permit anything to be done on the leased premises which would invalidate or prevent the procurement of any insurance policies which may at any time be required pursuant to waives the provisions of SECTION 11. Lessor shall not be required to maintainany law, repair or rebuild or to make any alterations, replacements or renewals of any nature or description in or to the leased premises or any part thereofright Tenant may have under common law, whether ordinary or extraordinary, structural or nonstructural, foreseen or unforeseen, or to maintain the leased premises or any part thereof in any way, and permitting Tenant hereby expressly waives any right to make repairs at the Landlord’s expense or to withhold Rent or terminate this Lease based on any alleged failure of Lessor which may be provided for in any statute or law in effect at the time of the execution of this lease or any statute or law which may thereafter be enacted.Landlord to make repairs

REPAIR AND MAINTENANCE OF PREMISES. Tenant agrees thatshall keep and maintain the interior of Premises in good condition and repair, beginning on the date it takes possession of the leased premises reasonable wear and continuing throughout the term of this Leasetear and casualty excepted, and at its sole cost and expense, it will keep make any and maintain all non-structural repairs thereto to preserve the leased premisesinterior Premises in good order and condition, including without limitation any alteredbut not limited to the interior surface of the exterior walls, rebuilt or additional buildingsthe exterior and interior portions of all windows, structuresdoors, plate glass and showcases, all plumbing, lighting fixtures, pipes and equipment, machineryfloor slab and floor coverings, fixturesceiling, furnishings walls and other personal property, improvements plasterings. Tenant shall also: provide for all necessary maintenance and appurtenances thereto, repairs to all HVAC systems; be responsible for all necessary replacement to the HVAC systems installed by Tenant; use reasonable efforts to keep all Building equipment in good repair condition and appearance, repair; and will with reasonable promptness make all structural and nonstructural, foreseen and unforeseen, and ordinary and extraordinary changes, repairs, and replacements of every kind and nature which may be other repairs not specifically required to be made upon or in connection with by Landlord under Section 7.01. Tenant shall be responsible for ensuring ADA compliance within the leased premises or any part thereof in order to keep and maintain the leased premises in such good repair and appearancePremises. All such changesdamage or injury to the Premises (and to the fixtures, repairs appurtenances and equipment therein) caused by the Tenant, its employees, agents, contractors, customers or invitees, subject to the waiver of subrogation contained herein, shall be repaired, restored or replaced promptly by the Tenant at its sole cost and expense. All aforesaid repairs, restorations and replacements shall be in accordance with all applicable codes and local building standards. In the event that the Tenant shall fail to make such repairs, restorations or replacements, within thirty (30) days written notice from Landlord of first class quality sufficient the need for such repair in accordance with the terms of this Lease, or in the event of an emergency, the Landlord shall have the right to make the repair by written notice to the Tenant of the Tenant’s failure to make the repair or such emergency and the intent of the Landlord to undertake the repair, and to deem same to be Additional Rent under this Lease. Landlord shall provide the Tenant with a copy of the invoices for the proper maintenance work undertaken and operation the payment thereof. Provided, further, if the Tenant provides the Landlord with written notice that the Tenant objects in good faith to the necessity of such repair or the cost thereof within five (5) days of receipt of Landlord’s notice and the invoice for the costs incurred by the Landlord, the Tenant may submit the matter to resolution as provided in Section 16.16 hereof by notice to the Landlord given within five (5) business days of the leased premisesreceipt of the Landlord’s notice of intent to repair and offset and the invoice for the work the Landlord intends to offset. In such event, no offset shall be implemented until resolution in accordance with Section 16.16 hereof. Tenant shall not permit be solely responsible for any repair or replacement with respect to Tenant's Property (as defined in Section 8.01 below) located in the accumulation of waste Premises, the Building or refuse matter, nor permit anything to be done on the leased premises which would invalidate or prevent the procurement of any insurance policies which may at any time be required pursuant Property Common Areas except to the provisions of SECTION 11. Lessor shall not be required to maintain, repair extent caused by the gross negligence or rebuild or to make any alterations, replacements or renewals of any nature or description in or to the leased premises or any part thereof, whether ordinary or extraordinary, structural or nonstructural, foreseen or unforeseen, or to maintain the leased premises or any part thereof in any way, and Tenant hereby expressly waives any right to make repairs at the expense of Lessor which may be provided for in any statute or law in effect at the time willful misconduct of the execution of Landlord or those claiming under the Landlord. Nothing in this lease Article 7 shall obligate Tenant to repair normal wear and tear to any paint, wall covering or any statute or law which may thereafter be enactedcarpet in the Premises.