Common use of REPAIRS; MAINTENANCE Clause in Contracts

REPAIRS; MAINTENANCE. Tenant shall maintain the Premises, including the loading areas and dock, and loading dock equipment in connection with the Premises, in a clean, safe, and operable condition, and shall not permit or allow to remain damage to any portion of the Premises. Additionally, Tenant, at its sole expense, shall repair, replace and maintain in good condition and in accordance with all Laws and the equipment manufacturer’s suggested service programs, all portions of the Premises, Tenant’s Off-Premises Equipment and all areas, improvements and systems exclusively serving the Premises including loading docks, sump pumps, dock ▇▇▇▇▇, dock equipment and loading areas, dock doors, dock seals, overhead doors, “levellors” and similar leveling equipment, plumbing, water, fire sprinkler system, and sewer lines up to points of common connection, entries, doors, ceilings, windows, interior walls, and the interior side of demising walls, and heating, ventilation and air conditioning systems (including any evaporative units), and other building and mechanical systems serving the Premises. Such repair and replacements include capital expenditures and repairs whose benefit may extend beyond the Term. Upon written request of ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ will enforce for the benefit of Tenant, any warranties received by Landlord which are applicable to the portions of the Premises to be maintained by Tenant hereunder. If Tenant fails to perform any of its maintenance obligations hereunder and such failure continues for five (5) business days after written notice from Landlord (or such longer period as may be reasonably required provided Tenant commences to perform such required maintenance within such five (5) business-day period and proceeds diligently to completion), then Landlord may make the same at Tenant’s cost. Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Building caused by a Tenant Party. If Tenant fails to make such repairs or replacements within 15 days after the occurrence of such damage (or such longer period as may be reasonably required provided Tenant commences to make such repairs or replacements within such 15-day period and proceeds diligently to completion), then Landlord may make the same at Tenant’s cost. If any such damage occurs outside of the Premises, then Landlord may elect to repair such damage at Tenant’s expense, rather than having Tenant repair such damage. The reasonable costs of all maintenance, repair or replacement work performed by Landlord under this Section 8 shall be paid by Tenant to Landlord within 30 days after Landlord has invoiced Tenant therefor.

REPAIRS; MAINTENANCE. Tenant shall maintain the Premises, including the loading areas and dock, and loading dock equipment in connection with the Premises, in a clean, safe, and operable condition, and shall not permit or allow to remain any waste or damage to any portion of the Premises. Additionally, Tenant, at its sole expense, shall repair, replace and maintain in good condition and in accordance with all Laws and the equipment manufacturer’s suggested service programs, all portions of the Premises, Tenant’s Off-Premises Equipment and all areas, improvements and systems exclusively serving the Premises including loading docks, sump pumps, dock ▇w▇▇▇▇, dock equipment and loading areas, dock doors, dock seals, overhead doors, “levellors” and similar leveling equipment, plumbing, water, fire sprinkler system, and sewer lines up to points of common connection, entries, doors, ceilings, windows, interior walls, and the interior side of demising walls, and heating, ventilation and air conditioning systems (including any evaporative units), and other building and mechanical systems serving the Premises. Such repair and replacements include capital expenditures and repairs whose benefit may extend beyond the Term. Upon written request of ▇▇▇▇▇▇, To the extent not covered by L▇▇▇▇▇▇▇▇ will enforce for the benefit of Tenant’s insurance, any warranties received by Landlord which are applicable to the portions of the Premises to be maintained by Tenant hereunder. If Tenant fails to perform any of its maintenance obligations hereunder and such failure continues for five (5) business days after written notice from Landlord (or such longer period as may be reasonably required provided Tenant commences to perform such required maintenance within such five (5) business-day period and proceeds diligently to completion), then Landlord may make the same at Tenant’s cost. Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Building caused by a Tenant Party. If Tenant fails to make such commence repairs or replacements within 15 thirty (30) days after the occurrence of such damage (or thereafter fails to diligently prosecute such longer period as may be reasonably required provided Tenant commences to make such repairs repair or replacements within such 15-day period and proceeds diligently replacement work to completion), then Landlord may make the same at Tenant’s cost, provided that Landlord may commence such work at Tenant’s cost after affording Tenant a reasonable opportunity to commence such work in the event of an emergency (imminent threat to persons or property). If any such damage occurs outside of the Premises, then then, to the extent not covered by Landlord’s insurance, Landlord may elect to repair such damage at Tenant’s expense, rather than having Tenant repair such damage. The reasonable costs cost of all maintenance, repair or replacement work performed by Landlord under this Section 8 shall be paid by Tenant to Landlord within 30 days after Landlord has invoiced Tenant therefor.

REPAIRS; MAINTENANCE. Tenant shall maintain the Building Systems in good condition and repair. Tenant shall maintain the Premises, including the loading areas and dock, and loading dock equipment in connection with the Premises, in a clean, safe, and operable condition, and shall not permit or allow to remain any waste or damage to any portion of the Premises. Additionally, Tenant, at its sole expense, shall repair, replace and maintain in good condition and in accordance with all Laws and the equipment manufacturer’s 's suggested service programs, all portions of the Premises, Tenant’s 's Off-Premises Equipment and all areas, improvements and systems exclusively serving the Premises including loading docks, sump pumps, dock ▇▇▇▇▇, dock equipment and loading areas, dock doors, dock seals, overhead doors, “"levellors” " and similar leveling equipment, plumbing, water, fire sprinkler system, and sewer lines up to points of common connection, entries, doors, ceilings, windows, interior walls, and the interior side of demising walls, and heating, ventilation and air conditioning systems (including any evaporative units), and other building and mechanical systems serving the Premises. Such repair and replacements include capital expenditures and repairs whose benefit may extend beyond the Term. Upon written request of ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ will enforce for the benefit of Tenant, any warranties received by Landlord which are applicable No later than 14 days prior to the portions end of the Premises Term, Tenant shall deliver to be Landlord a certificate from an engineer reasonably acceptable to Landlord certifying that all such items which Tenant is required to maintain hereunder are then in good repair and condition, normal wear and tear excepted, and have been maintained by Tenant hereunderin accordance with this Section 8. If Tenant fails to perform any of its Tenant’s maintenance obligations hereunder obligations, and such failure continues for five fifteen (515) business days after written notice from Landlord (or such longer period as may be reasonably required provided Tenant commences to perform such required maintenance within such five (5) business-day period and proceeds diligently to completion)Landlord, then Landlord may make the same perform Tenant's maintenance obligations at Tenant’s 's cost. Tenant shall repair or replace, subject to Landlord’s 's direction and supervision, any damage to the Building caused by a Tenant Party. If Tenant fails to make such repairs or replacements within 15 days after receipt of written notice of the occurrence of such damage (or such longer period as may be reasonably required provided Tenant commences to make such repairs or replacements within such 15-day period and proceeds diligently to completion)damage, then Landlord may make the same at Tenant’s 's cost. If any such damage occurs outside of the Premises, then Landlord may elect to repair such damage at Tenant’s 's expense, rather than having Tenant repair such damage. The reasonable costs cost of all maintenance, repair or replacement work performed by Landlord under this Section 8 shall be paid by Tenant to Landlord within 30 days after Landlord has invoiced Tenant therefor. Tenant shall, at Tenant’s expense, enter into (i) a maintenance contract with respect to the HVAC system serving the Premises which contract shall, at a minimum, include quarterly performance of those items set forth on Exhibit F attached hereto, and (ii) a maintenance contract with respect to the fire protection system serving the Premises, in each case with a contractor reasonably approved by Landlord, copies of which contracts will be provided to Landlord upon Landlord’s request. Tenant shall be responsible, at Tenant’s cost, for any required repairs to any HVAC unit specifically serving the Premises as of the date hereof.

REPAIRS; MAINTENANCE. Tenant shall maintain the Premises, including the loading areas and dock, and any loading dock equipment in connection with the Premises, in a clean, safe, and operable condition, and shall not permit or allow to remain damage to any portion of the Premises. Additionally, Tenant, at its sole expense, shall repair, replace and maintain in good condition and in accordance with all Laws and the equipment manufacturer’s suggested service programs, all portions of the Premises, Tenant’s Off-Premises Equipment and all areas, improvements and systems exclusively serving the Premises including loading docks, sump pumps, dock ▇▇▇▇▇, dock equipment and loading areas, dock doors, dock seals, overhead doors, “levellors” and similar leveling equipment, plumbing, water, fire sprinkler system, and sewer lines up to points of common connection, entries, doors, ceilings, windows, interior walls, and the interior side of demising walls, and heating, ventilation and air conditioning systems (including any evaporative units), and other building and mechanical systems serving the Premises. Such repair and replacements include capital expenditures and repairs whose benefit may extend beyond the Term. Upon written request of ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ will enforce for the benefit of Tenant, any warranties received by Landlord which are applicable to the portions of the Premises to be maintained by Tenant hereunder. Term If Tenant fails to perform any of its maintenance obligations hereunder and such failure continues for five (5) business days after written notice from Landlord (or such longer period as may be reasonably required provided Tenant commences to perform such required maintenance within such five (5) business-day period and proceeds diligently to completion), then Landlord may make the same at Tenant’s cost. Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Building caused by a Tenant Party. If Tenant fails to make such repairs or replacements within 15 fifteen (15) business days after the occurrence of such damage (or such longer period as may be reasonably required provided Tenant commences to make such repairs or replacements within such fifteen (15-) business day period and proceeds diligently to completion), then Landlord may make the same at Tenant’s cost. If any such damage occurs outside of the Premises, then Landlord may elect to repair such damage at Tenant’s expense, rather than having Tenant repair such damage. The reasonable costs of all maintenance, repair or replacement work performed by Landlord under this Section 8 shall be paid by Tenant to Landlord within 30 thirty (30) days after Landlord has invoiced Tenant therefor.

REPAIRS; MAINTENANCE. Tenant shall maintain the Premises, including the loading areas and dock, and loading dock equipment in connection with the Premises, in a clean, safe, and operable condition, and shall not permit or allow to remain any waste or damage to any portion of the Premises. Additionally, Tenant, at its sole expense, shall repair, replace and maintain in good condition and in accordance with all Laws and the equipment manufacturer’s suggested service programs, all portions of the Premises, Tenant’s Off-Premises Equipment and all areas, improvements and systems exclusively serving the Premises including loading docks, sump pumps, dock ▇w▇▇▇▇, dock equipment and loading areas, dock doors, dock seals, overhead doors, “levellors” and similar leveling equipment, plumbing, water, fire sprinkler system, and sewer lines up to points of common connection, entries, doors, ceilings, windows, interior walls, and the interior side of demising walls, and heating, ventilation and air conditioning systems (including any evaporative units), and other building and mechanical systems serving the Premises. Such repair and replacements include capital expenditures and repairs whose benefit may extend beyond the Term. Upon written request of ▇▇▇▇▇▇To the extent not covered by Landlord’s insurance, ▇▇▇▇▇▇▇▇ will enforce for the benefit of Tenant, any warranties received by Landlord which are applicable to the portions of the Premises to be maintained by Tenant hereunder. If Tenant fails to perform any of its maintenance obligations hereunder and such failure continues for five (5) business days after written notice from Landlord (or such longer period as may be reasonably required provided Tenant commences to perform such required maintenance within such five (5) business-day period and proceeds diligently to completion), then Landlord may make the same at Tenant’s cost. Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Building caused by a Tenant Party. If Tenant fails to make such commence repairs or replacements within 15 thirty (30) days after the occurrence of such damage (or thereafter fails to diligently prosecute such longer period as may be reasonably required provided Tenant commences to make such repairs repair or replacements within such 15-day period and proceeds diligently replacement work to completion), then Landlord may make the same at Tenant’s cost, provided that Landlord may commence such work at Tenant’s cost after affording Tenant a reasonable opportunity to commence such work in the event of an emergency (imminent threat to persons or property). If any such damage occurs outside of the Premises, then then, to the extent not covered by Landlord’s insurance, Landlord may elect to repair such damage at Tenant’s expense, rather than having Tenant repair such damage. The reasonable costs cost of all maintenance, repair or replacement work performed by Landlord under this Section 8 shall be paid by Tenant to Landlord within 30 days after Landlord has invoiced Tenant therefor.

REPAIRS; MAINTENANCE. Tenant shall maintain the Premises, including the loading areas and dock, and loading dock equipment in connection with the Premises, Premises in a clean, safe, and operable condition, and shall not permit or allow to remain any waste or damage to any portion of the Premises. AdditionallyExcept to the extent caused by Landlord’s or its agent’s gross negligence or willful misconduct, Tenant, at its sole expense, shall repair, replace and maintain in good condition and in accordance with all Laws and the equipment manufacturer’s suggested service programs, all portions of the Premises, Tenant’s Off-Premises Equipment and all areas, improvements and systems Building’s Systems exclusively serving the Premises including loading docks, sump pumps, dock ▇▇▇▇▇, dock equipment and loading areas, dock doors, dock seals, overhead doors, “levellors” and similar leveling equipment, plumbing, water, fire sprinkler system, and sewer lines up to points of common connection, entries, doors, ceilings, windows, interior walls, and the interior side of demising walls, and heating, ventilation and air conditioning systems (including any evaporative units), and other building and mechanical systems serving the Premises. Such repair and replacements include capital expenditures and repairs whose benefit may extend beyond the Term. Upon written request of ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ will enforce for the benefit of Tenant, any warranties received by Landlord which are applicable to the portions of the Premises to be maintained by Tenant hereunder. If Tenant fails to perform any of its maintenance obligations hereunder and such failure continues for five (5) business days after written notice from Landlord (or such longer period as may be reasonably required provided Tenant commences to perform such required maintenance within such five (5) business-day period and proceeds diligently to completion), then Landlord may make the same at Tenant’s cost. Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Building caused by a Tenant Party. If Tenant fails to make such repairs or replacements within 15 days after the occurrence of such damage (or such longer period as may be reasonably required provided Tenant commences to make if such repairs or replacements cannot reasonably be completed within 15 days after the occurrence of such 15-day period damage and proceeds Tenant fails to promptly commence and diligently to completion)pursue completion of such repairs or replacements, then Landlord may make the same at Tenant’s cost. If any such damage caused by a Tenant Party occurs outside of the Premises, then Landlord may elect to repair such damage at Tenant’s expense, rather than having Tenant repair such damage. The reasonable costs cost of all maintenance, repair or replacement work performed by Landlord under this Section 8 shall be paid by Tenant to Landlord within 30 days after Landlord has invoiced Tenant therefor. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Notwithstanding anything herein to the contrary, if, in the good faith, commercially reasonable discretion of Landlord, the HVAC system serving the Premises needs to be replaced, the cost of such replacement is in excess of $15,000, the need for such replacement is not due to Tenant’s failure to maintain such system, and the useful economic life of such replacement extends beyond the expiration of the Term of this Lease, then Landlord shall perform such work and Tenant shall pay to Landlord as part of Operating Costs for the Building, the cost of such replacement, as amortized using a commercially reasonable interest rate over the useful economic life as so determined by Landlord. Further, if, in the good faith, commercially reasonable discretion of Landlord, the roof of the Building needs to be replaced, then Landlord shall perform such work and Tenant shall pay to Landlord as part of Operating Costs for the Building, the cost of such replacement, as amortized using a commercially reasonable interest rate over the useful economic life of such replacement as determined by Landlord in its good faith, commercially reasonable discretion.

REPAIRS; MAINTENANCE. Except for Landlord's obligations under Section 7, Tenant shall maintain the Premises, including the loading areas and dock, and loading dock equipment in connection with the Premises, in a clean, safe, and operable condition, and shall not permit or allow to remain any waste or damage to any portion of the Premises. Additionally, except for Landlord's obligations under Section 7, Tenant, at its sole expense, shall repair, replace and maintain in good condition and in accordance with all Laws and the equipment manufacturer’s 's suggested service programs, all portions of the Premises, Tenant’s 's Off-Premises Equipment and all areas, improvements and systems exclusively serving the Premises including paving and parking areas, roads, alleys, driveways, mowing and snow removal, landscaping and exterior painting, loading docks, sump pumps, dock ▇▇▇▇▇wells, dock equipment and loading areas, dock doors, dock seals, overhead ove▇▇▇▇▇ doors, “"levellors” " and similar leveling equipment, plumbing, water, fire sprinkler system, and sewer lines up to points of common connectionconnection at the Building's Structure, entries, doors, stairwells, ceilings, windows, interior walls, and the interior side of demising walls, and heating, ventilation and air conditioning systems (including any evaporative units) ("HVAC"), and other building and mechanical systems serving the Premises. Such repair and replacements include capital expenditures and repairs whose benefit may extend beyond the Term. Upon written request of ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ will enforce for the benefit of Tenant, any warranties received by Landlord which are applicable No later than 14 days prior to the portions end of the Term, Tenant shall deliver to Landlord a certificate from an engineer reasonably acceptable to Landlord certifying that the HVAC is then in good repair and condition and has been maintained in accordance with this Section 8. Tenant shall maintain the parking areas, driveways, alleys and grounds surrounding the Premises to be maintained by Tenant hereunder. If Tenant fails to perform any of its maintenance obligations hereunder in a clean and such failure continues for five sanitary condition (5) business days after written notice from Landlord (or such longer period as may be reasonably required provided Tenant commences to perform such required maintenance within such five (5) business-day period reasonable wear and proceeds diligently to completiontear excepted), then Landlord may make consistent with the same at Tenant’s costcondition of the Building as of the Commencement Date. Tenant shall repair or replace, subject to Landlord’s 's direction and supervision, any damage to the Building caused by a Tenant Party. If Tenant's maintenance, repair and replacement obligations under this Section 8 shall be self-operative and no notice from Landlord shall be required as a precondition to the performance thereof by Tenant; provided however, Landlord may perform Tenant's maintenance, repair or replacement obligations at Tenant's cost, if Tenant fails to make commence to perform or diligently pursue the completion of such maintenance obligations or such repairs or replacements within 15 days after the occurrence of such damage (or such longer period as may be reasonably required provided Tenant commences to make such repairs or replacements within such 15-day period and proceeds diligently to completion), then Landlord may make the same at Tenant’s cost. If any such damage occurs outside of the Premises, then Landlord may elect to repair such damage at Tenant’s expense, rather than having Tenant repair such damagewritten notice thereof from Landlord. The reasonable costs cost of all maintenance, repair or replacement work performed by Landlord under this Section 8 shall be paid by Tenant to Landlord within 30 days after Landlord has invoiced Tenant therefor.

REPAIRS; MAINTENANCE. Tenant shall maintain the Premises, including the loading areas and dock, and loading dock equipment in connection with the Premises, Premises in a clean, safe, and operable condition, and shall not permit or allow to remain any waste or damage to any portion of the Premises. In addition, Tenant, at its sole expense, shall provide janitorial services to the Laboratory Space on weekdays (other than holidays), in a first class manner. Additionally, Tenant, at its sole expense, shall repair, replace and maintain in good condition and in accordance with all Laws and the equipment manufacturer’s suggested service programs, all portions of the Premises, Tenant’s Off-Premises Equipment Equipment, and all areas, improvements and any systems exclusively serving the Premises including loading docks, sump pumps, dock ▇▇▇▇▇, dock equipment and loading areas, dock doors, dock seals, overhead doors, “levellors” and similar leveling equipment, plumbing, water, fire sprinkler system, and sewer lines up to points of common connection, entries, doors, ceilings, windows, interior walls, and the interior side of demising walls, and heating, ventilation and air conditioning systems (including any evaporative unitsif any), and other building and mechanical systems serving the Premises. Such repair and replacements include capital expenditures and repairs whose benefit may extend beyond the Term. Upon written request of ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ will enforce for the benefit of Tenant, any warranties received by Landlord which are applicable to the portions of the Premises to be maintained by Tenant hereunder. If Tenant fails to perform any of its maintenance obligations hereunder and such failure continues for five (5) business days after written notice from Landlord (or such longer period as may be reasonably required provided Tenant commences to perform such required maintenance within such five (5) business-day period and proceeds diligently to completion), then Landlord may make the same at Tenant’s cost. Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Building caused by a Tenant Party. If Tenant fails to make such repairs or replacements within 15 days after the occurrence of such damage (or such longer period as may be reasonably required provided Tenant commences to make such repairs or replacements within such 15-day period and proceeds diligently to completion), then Landlord may make the same at Tenant’s cost. If any such damage occurs outside of the Premises, then Landlord may elect to repair such damage at Tenant’s expense, rather than having Tenant repair such damage. The reasonable costs of all maintenance, repair or replacement work performed by Landlord under this Section 8 shall be paid by Tenant to Landlord within 30 days after Landlord has invoiced Tenant therefor.