Common use of Tenant Repairs and Maintenance Clause in Contracts

Tenant Repairs and Maintenance. Tenant shall, at its expense, throughout the Term, (i) maintain and preserve, in first-class condition (subject to normal and customary wear and tear), the Premises and the fixtures and appurtenances therein (including, but not limited to, the Premises' plumbing and HV AC systems, all doors, overhead or otherwise, glass and levelers located in the Premises or otherwise available in the Property for Tenant's sole use; and excluding, however, those components of the Premises for which Landlord is expressly responsible under Section 13.2); and (ii) maintain, in full force and effect, a preventative maintenance and service contract with a reputable 'service provider for maintenance of the HV AC systems of the Premises. Tenant shall also be responsible for all cost and expenses incurred to perform any and all repairs and replacements (whether structural or non-structural; interior or exterior; and ordinary or extraordinary), in and to the Premises and the Property and the facilities and systems thereof, if and to the extent that the need for such repairs or replacements arises directly or indirectly from any or all of: (a) the performance or existence of any Alterations, (b) the installation, use or operation of Tenant's Property in the Premises, (c) the moving of Tenant's Property in or out of the Property, and (d) any act, omission, misuse, or neglect of Tenant, any of its subtenants, or others entering into the Premises by act or omission of Tenant or any subtenant. Any repairs or replacements required to be made by Tenant to any or all of the structural components of the property and the :mechanical, electrical, sanitary; HVAC, or other systems of the Property or Premises shall be performed by appropriately licensed contractors approved by Landlord, which approval shall not be unreasonably withheld. All such repairs or replacements shall be subject to the supervision and control of Landlord, and all repairs and replacements shall be made with materials of equal or better quality than the items being repaired or replaced.

Appears in 3 contracts

Samples: Natural Golf Corp, Natural Golf Corp, Wentworth Ii Inc

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Tenant Repairs and Maintenance. All damage, other than that which Landlord undertakes to repair in Section 8.1 and incurred after the Commencement Date will be promptly repaired and all maintenance will be performed and replacements and renewals will be made to the extent necessary to restore the Leased Premises to the condition existing on the Commencement Date, except for reasonable wear and tear, by Tenant shall, at its Tenant's sole cost and expense, throughout including without limitation all other maintenance and repairs necessary or appropriate to cause the TermLeased Premises to remain suitable for Tenant's intended commercial purpose and occupancy. Without limitation of the preceding sentence, Tenant shall be responsible for repairing all damage to the Leased Premises caused by one or more negligent acts or omissions of Tenant, its agents, employees, customers or invitees, or any burglar or other unauthorized entrant, or any other person except for damage caused by Landlord or of Landlord's agents, employees or contractors as hereinafter expressly provided All damage to the Leased Premises caused by Landlord or its agents, employees or contractors shall be repaired by Landlord in accordance with its obligations under Section 8.1 hereof unless such damage is caused by Landlord (i) maintain and preserve, in first-class condition (subject to normal and customary wear and tear), the Premises and the fixtures and appurtenances therein (including, but not limited to, the Premises' plumbing and HV AC systems, all doors, overhead or otherwise, glass and levelers located in the Premises or otherwise available in the Property for Tenant's sole use; and excluding, however, those components exercise of the Premises for which Landlord is expressly responsible its rights under Section 13.2); and 8.4(b) or any other provision of this Lease allowing Landlord to cure any defaults of Tenant, or (ii) maintainin connection with its entry upon the Leased Premises after the occurrence of an Event of Default under this Lease, in full force and effect, a preventative maintenance and service contract with a reputable 'service provider for maintenance which cases (either (i) or (ii) of the HV AC systems of the Premises. preceding) Tenant shall also be responsible for obligated to promptly complete all cost and expenses incurred to perform any and all such repairs and replacements (whether structural or non-structural; interior or exterior; and ordinary or extraordinary), in and to the Premises and the Property and the facilities and systems thereof, if and to the extent that the need for such repairs or replacements arises directly or indirectly from any or all of: (a) the performance or existence necessary as a result of any Alterationssuch damage unless such damage was caused by the gross negligence or willful misconduct of Landlord or its agents, (b) the installation, use employees or operation of Tenant's Property in the Premises, (c) the moving of Tenant's Property in or out of the Property, and (d) any act, omission, misuse, or neglect of Tenant, any of its subtenants, or others entering into the Premises by act or omission of Tenant or any subtenant. Any repairs or replacements required to be made by Tenant to any or all of the structural components of the property and the :mechanical, electrical, sanitary; HVAC, or other systems of the Property or Premises shall be performed by appropriately licensed contractors approved by Landlord, which approval shall not be unreasonably withheld. All such repairs or replacements shall be subject to the supervision and control of Landlord, and all repairs and replacements shall be made with materials of equal or better quality than the items being repaired or replacedcontractors.

Appears in 3 contracts

Samples: Lease Agreement (Egl Inc), Lease Agreement (Egl Inc), Lease Agreement (Egl Inc)

Tenant Repairs and Maintenance. Tenant shall, at its expense, throughout the Term, (i) maintain and preservepreserve (but not replace), in first-class working condition (subject to except for normal and customary wear and tear, damage by fire, casualty or condemnation and repairs which are the responsibility of Landlord), the interior non-structural portions of the Premises and the fixtures and appurtenances therein (including, but not limited to, the Premises' plumbing and HV AC HVAC systems, all doors, dock, overhead or otherwise, glass and levelers located in the Premises or otherwise available in the Property for Tenant's ’s sole use; and excluding, however, those components of the Premises for which Landlord is expressly responsible under Section 13.2); and (ii) maintain, in full force and effect, a preventative maintenance and service contract with a reputable 'service provider for maintenance of the HV AC systems of the Premises. Tenant shall also be responsible for all cost and expenses incurred to perform any and all repairs and replacements (whether structural or non-structural; interior or exterior; and ordinary or extraordinary), in and to the Premises and the Property and the facilities and systems thereof, if and to the extent that the need for such repairs or replacements arises directly or indirectly from any or all of: (a) the performance or existence of any Alterations, (b) the installation, use or operation of Tenant's ’s Property in the Premises, (c) the moving of Tenant's ’s Property in or out of the Property, and (d) any act, omission, misuse, or neglect of Tenant, any of its subtenants, or others entering into the Premises by act or omission of Tenant or any subtenant. Any repairs or replacements required to be made by Tenant to any or all of the structural components of the property Property and the :mechanical, electrical, sanitary; , HVAC, or other systems of the Property or Premises shall be performed by appropriately licensed contractors approved by contractors. Notwithstanding the foregoing, the following repairs shall remain Landlord’s sole cost and responsibility; (x) all maintenance, repair and replacement to the roof, outer walls, concrete slab, foundation and all other structural portions of the Building containing the Premises which approval shall not be unreasonably withheld. All such repairs or replacements shall be subject necessary to maintain the supervision Building in good order and control repair; or (y) any replacement of Landlordthe electrical system, and all repairs and replacements shall be made with materials the HVAC, or any other structural portions of equal the Premises, provided, the same is not caused by Tenant’s unreasonable use of the Premises or better quality than the items being repaired or replacednegligence.

Appears in 2 contracts

Samples: Gordmans Stores, Inc., Gordmans Stores, Inc.

Tenant Repairs and Maintenance. Tenant shall, at its expense, throughout the Term, (i) maintain and preserve, preserve in first-class condition THE SAME CONDITION AS PROVIDED AT OCCUPANCY (subject to normal and customary wear and tear), the Premises and the fixtures and appurtenances therein (including, but not limited to, the Premises' plumbing and HV AC HVAC systems, all doors, overhead or otherwise, glass and levelers located in the Premises or otherwise available in the Property for Tenant's sole use; and excluding, however, those components of the Premises for which Landlord is expressly responsible under Section SECTION 13.2); and (ii) maintain, in full force and effect, a preventative maintenance and service contract with a reputable 'service provider for maintenance of the HV AC HVAC systems of the PremisesPremises (a copy of which service agreement shall be provided to Landlord within ten (10) days after the Commencement Date). Tenant shall also be responsible for all cost and expenses incurred to perform any and all repairs and replacements (whether structural or non-structural; interior or exterior; and ordinary or extraordinary), in and to the Premises and the Property and the facilities and systems thereof, if and to the extent that the need for such repairs or replacements arises directly or indirectly from any or all of: (a) the performance or existence of any Alterations, (b) the installation, use or operation of Tenant's Property in the Premises, (c) the moving of Tenant's Tenant Initial__________ Landlord Initial__________ Property in or out of the Property, and (d) any act, omission, misuse, or neglect of Tenant, any of its subtenants, or others entering into the Premises by act or omission of Tenant or any subtenant. Without limiting the generality of the foregoing, Tenant, at its expense, shall promptly replace or repair all scratched, damaged, or broken doors and glass and floor coverings in and about the Premises, and replace and properly dispose of all light bulbs in the Premises and repair and maintain all plumbing and electrical fixtures therein. Any repairs or replacements required to be made by Tenant to any or all of the structural components of the property Property and the :mechanical, electrical, sanitary; , HVAC, or other systems of the Property or Premises shall be performed by appropriately licensed contractors approved by Landlord, which approval shall not be unreasonably withheld. All such repairs or replacements shall be subject to the supervision and control of Landlord, and all repairs and replacements shall be made with materials of equal or better quality than the items being repaired or replaced.

Appears in 2 contracts

Samples: Asset Acceptance Capital Corp, Asset Acceptance Capital Corp

Tenant Repairs and Maintenance. Tenant shall, at its expense, throughout the Term, (i) maintain and preserve, in first-class good condition and repair and in proper working order (subject to normal and customary wear and tear), the Premises and the fixtures and appurtenances therein which exclusively serve the Premises (including, but not limited to, the Premises' plumbing and HV AC HVAC systems, all doors, overhead or otherwise, glass and levelers located in the Premises or otherwise available in the Property for Tenant's ’s sole use; and excluding, however, those components of the Premises for which Landlord is expressly responsible under Section 13.2); and (ii) except to the extent Landlord elects to repair and maintain the HVAC systems as part of General Maintenance Services (as hereinafter defined), maintain, in full force and effect, a preventative maintenance and service contract with a reputable 'service provider for maintenance of the HV AC HVAC systems of the PremisesPremises (a copy of which service agreement shall be provided to Landlord within fifteen (15) days after the Commencement Date). Tenant shall also be responsible for all cost costs and expenses incurred to perform any and all repairs and replacements (whether structural or non-structural; interior or exterior; and ordinary or extraordinary), in and to the Premises and the Property and the facilities and systems thereof, ; if and to the extent that the need for such repairs or replacements arises directly or indirectly from any or all of: (a) the performance or existence of any Alterations, (b) the installation, use or operation of Tenant's ’s Property in the Premises, (c) the moving of Tenant's ’s Property in or out of the Property, and (d) any act, omission, misuse, or neglect of Tenant, any of its subtenants, or others entering into the Premises by act or omission of Tenant or any subtenantsubtenant (except to the extent Landlord has waived claims against Tenant therefor under Section 10.3 hereof). Any repairs or replacements required to be made by Tenant to any or all of the structural components of the property Property and the :mechanical, electrical, sanitary; , HVAC, or other systems of the Property or Premises shall be performed by appropriately licensed contractors approved by Landlord, which approval shall not be unreasonably withheld. All such repairs or replacements shall be subject to the supervision and control of Landlord, and all repairs and replacements shall be made with materials of equal or better quality than the items being repaired or replaced. Notwithstanding any of the foregoing, however, from time to time during the Term, Landlord may elect, in its sole discretion and by delivery of written notice to Tenant and with Tenant’s prior written consent, which shall not be unreasonably withheld, to perform on behalf of Tenant, all or some portion of the repairs, maintenance, restoration and replacement in and to the Premises required to be performed by Tenant under this Lease (any such repairs, maintenance, restoration and/or replacement activities that Landlord elects to perform on behalf of Tenant are herein collectively referred to as “General Maintenance Services”). Tenant shall reimburse Landlord for the cost of all General Maintenance Services provided by Landlord as Additional Rent simultaneously with the payment of Operating Expenses as part of Estimated Additional Rent (on a monthly estimated basis subject to annual reconciliation as described in Section 3.3 above). Unless and until Landlord affirmatively elects to provide General Maintenance Services, nothing contained herein shall be construed to obligate Landlord to perform any General Maintenance Services or, except as otherwise expressly provided in Section 13.2, to repair, maintain, restore or replace any portion of the Premises. Landlord may from time to time, in its sole discretion, (x) reduce or expand the scope of the General Maintenance Services that Landlord has elected to provide (provided Landlord may not expand the scope thereof without Tenant’s prior written consent), or (y) revoke its election to provide any or all of the General Maintenance Services, in either event, upon delivery of not less than thirty (30) days’ prior written notice to Tenant. If Landlord does not elect to repair, maintain and/or replace the HVAC systems as part of General Maintenance Services, or revokes such election at any time after having made such election, Tenant shall enter into a preventative maintenance and service contract with a reputable service provider for maintenance of the HVAC systems of the Premises, a copy of which agreement shall be provided to Landlord. Notwithstanding the foregoing, Landlord shall be responsible for any cost or expense incurred as a result of the Premises not being in the condition, repair and order specified in Section 5 hereof as of the Phase I Premises Commencement Date, Phase II Premises Commencement Date, and Phase III Premises Commencement Date, respectively, as applicable.

Appears in 2 contracts

Samples: Assignment and Assumption of Lease (TWC Holding Corp.), Assignment and Assumption of Lease (Wornick CO Right Away Division, L.P.)

Tenant Repairs and Maintenance. Throughout the Term, Tenant shall, at its sole cost and expense, throughout the Term, : (i) both (x) maintain and preserve, in first-class good condition (subject to normal and customary wear and tear), and (y) perform any and all repairs and replacements required in order to so maintain and preserve, in good condition, the Premises and the fixtures and appurtenances therein (including, but not limited to, the Premises' plumbing and HV AC HVAC systems, all doors, overhead or otherwise, glass and levelers located in the Premises or otherwise available in the Property for Tenant's ’s sole use; and excluding, however, only those specific components of the Premises for which Landlord is expressly responsible under Section 13.2); and (ii) except to the extent Landlord elects to repair and maintain the HVAC systems as part of General Maintenance Services (as hereinafter defined), maintain, in full force and effect, a preventative maintenance and service contract with a reputable 'service provider for maintenance of the HV AC HVAC systems of the Premises (the “HVAC Maintenance Contract”). The terms and provisions of any such HVAC Maintenance Contract shall require that the service provider maintain the Premises’ HVAC system in accordance with the manufacturer’s recommendations and otherwise in accordance with normal, customary and reasonable practices in the geographic area in which the Premises is located and for HVAC systems comparable to the Premises’ HVAC system. In addition to Tenant’s obligations under (i) and (ii) above, Tenant shall also be responsible for all cost costs and expenses incurred to perform any and all repairs and replacements (whether structural or non-structural; interior or exterior; and ordinary or extraordinary), in and to the Premises and the Property and the facilities and systems thereof, if and to the extent that the need for such repairs or replacements arises directly or indirectly from any or all of: (a) the performance or existence of any Alterations, (b) the installation, use or operation of Tenant's ’s Property in the Premises, (c) the moving of Tenant's ’s Property in or out of the Property, and (d) any act, omission, misuse, or neglect of Tenant, any of its subtenants, or others entering into the Premises by act or omission of Tenant or any subtenant. Any repairs or replacements required to be made by Tenant to any or all of the structural components of the property Property and the :mechanical, electrical, sanitary; , HVAC, or other systems of the Property or Premises shall be performed by appropriately licensed contractors approved by Landlord, which approval shall not be unreasonably withheld. All such repairs or replacements shall be subject to the supervision and control of Landlord, and all repairs and replacements shall be made with materials of equal or better quality than the items being repaired or replaced.

Appears in 1 contract

Samples: Makemusic Inc

Tenant Repairs and Maintenance. Except as provided in Section 13.2 below, Tenant shall, at its expense, throughout the Term, (i) maintain and preserve, in first-class good condition (subject to normal and customary wear and tear), the Premises Premises, and the fixtures and appurtenances therein therein. Tenant shall also be responsible for all non-structural repairs and replacements, interior and exterior, ordinary and extraordinary, in and to the Premises and the facilities and systems thereof (including, but not limited to, the Premises' sidewalks, driveways, curbs, loading areas and landscaped areas, and the electrical, mechanical, HVAC, and plumbing systems). In addition, Tenant shall, at its expense, be responsible for the maintenance, repair and HV AC systems, all doors, overhead or otherwise, glass and levelers located in the Premises or otherwise available in the Property for Tenant's sole use; and excluding, however, those components replacement of the Premises for which Landlord is expressly responsible under parking lot but only after the initial replacement of the parking lot by Landlord, as set forth in Section 13.2); and (ii) maintain, in full force and effect, 13.2 below. Tenant shall enter into a preventative maintenance and service contract with a reputable 'service provider for maintenance of the HV AC HVAC systems of the Premises. Tenant shall also be responsible for all cost and expenses incurred to perform any and all repairs and replacements (whether structural or non-structural; interior or exterior; and ordinary or extraordinary), in and to the Premises and the Property and the facilities and systems thereof, if and to the extent that the need for such repairs or replacements arises directly or indirectly from any or all of: (a) the performance or existence of any Alterations, (b) the installation, use or operation of Tenant's Property in the Premises, (c) the moving of Tenant's Property in or out of the Property, and (d) any act, omission, misuse, misuse or neglect of Tenant, any of its subtenants, or others entering into the Premises by act or omission of Tenant or any subtenantsubtenant (the “Tenant Necessitated Repairs and Replacements”). Any repairs or replacements required to be made by Tenant to any or all of the structural components of the property Building, if any, and the :mechanical, electrical, sanitary; , HVAC, or other systems of the Property or Premises shall be performed performed, at Tenant’s expense, by appropriately licensed contractors approved by LandlordLandlord prior to such repair being made, which approval shall not be unreasonably withheld. All such repairs or replacements shall be subject to the supervision and control of Landlord, and all repairs and replacements shall be made with materials of equal or better quality than the items being repaired or replaced.

Appears in 1 contract

Samples: Bway Corp

Tenant Repairs and Maintenance. Tenant shall, at its expense, throughout the Term, (i) maintain and preserve, in first-class condition (subject to normal and customary wear and tear), the Premises and the fixtures and appurtenances therein (including, but not limited to, the Premises' plumbing and HV AC HVAC systems, all doors, overhead or otherwise, glass and levelers located in the Premises including exterior glass or otherwise available in the Property for Tenant's ’s sole use, outside lighting, snow removal and salting of the sidewalks and walkways serving the Premises; and excluding, however, those components of the Premises for which Landlord is expressly responsible under Section 13.2); and (ii) except to the extent Landlord elects to repair and maintain the HVAC systems as part of General Maintenance Services (as hereinafter defined), maintain, in full force and effect, a preventative maintenance and service contract with a reputable 'service provider for maintenance of the HV AC HVAC systems of the PremisesPremises (a copy of which service agreement shall be provided to Landlord within fifteen (15) days after the Commencement Date). Tenant shall also be responsible for all cost and expenses incurred to perform any and all repairs and replacements (whether structural or non-structural; interior or exterior; and ordinary or extraordinary), in and to the Premises and the Property and the facilities and systems thereof, if and to the extent that the need for such repairs or replacements arises directly or indirectly from any or all of: of (a) the performance or existence of any Alterations, (b) the installation, use or operation of Tenant's ’s Property in the Premises, (c) the moving of Tenant's Property ’s Property, in or out of the Property, and (d) any act, omission, misuse, or neglect of Tenant, any of its subtenants, or others entering into the Premises by act or omission of Tenant or any subtenant. Any repairs or replacements required to be made by Tenant to any or all of the structural components of the property Property and the :mechanical, electrical, sanitary; , HVAC, or other systems of the Property or Premises shall be performed by appropriately licensed contractors approved by Landlord, which approval shall not be unreasonably withheld. All such repairs or replacements shall be subject to the supervision and control of Landlord, and all repairs and replacements shall be made with materials of equal or better quality than the items being repaired or replaced. Notwithstanding any of the foregoing, however, from time to time during the Term, Landlord may elect, in its sole discretion and by delivery of written notice to Tenant, to perform on behalf of Tenant, all or some portion of the repairs, maintenance, restoration and replacement in and to the Premises required to be performed by Tenant under this Lease (any such repairs, maintenance, restoration and/or replacement activities that Landlord elects to perform on behalf of Tenant are herein collectively referred to as “General Maintenance Services”). Tenant shall reimburse Landlord for the cost or value of all General Maintenance Services provided by Landlord as Additional Rent simultaneously with the payment of Operating Expenses as part of Estimated Additional Rent (on a monthly estimated basis subject to annual reconciliation as described in Section 3.3 above). Unless and until Landlord affirmatively elects to provide General Maintenance Services, nothing contained herein shall be construed to obligate Landlord to perform any General Maintenance Services or, except as otherwise expressly provided in Section 13.2, to repair, maintain, restore or replace any portion of the Premises. Landlord may from time to time, in its sole discretion, (x) reduce or expand the scope of the General Maintenance Services that Landlord has elected to provide or (y) revoke its election to provide any or all of the General Maintenance Services, in either event, upon delivery of not less than thirty (30) days’ prior written notice to Tenant. If Landlord does not elect to repair, maintain and/or replace the HVAC systems as part of General Maintenance Services, or revokes such election at any time after having made such election, Tenant shall enter into a preventative maintenance and service contract with a reputable service provider for maintenance of the HVAC systems of the Premises, a copy of which agreement shall be provided to Landlord.

Appears in 1 contract

Samples: Zars Inc/Ut

Tenant Repairs and Maintenance. Except only for repairs required as a result of the negligent acts or omissions of Landlord or its agents, employees or contractors while on the Property, Tenant shall, at its expense, throughout the Term, (i) maintain and preserve, in first-class condition (subject to normal and customary wear and tear)condition, the Premises and the fixtures and appurtenances therein (including, but not limited to, the Premises' plumbing and HV AC HVAC systems, all doors, overhead or otherwise, glass and levelers located in the Premises or otherwise available in the Property for Tenant's sole use; and excluding, however, those components of the Premises for which Landlord is expressly responsible under Section 13.2); and (ii) maintain, in full force and effect, . Tenant shall enter into a preventative maintenance and service contract with a reputable 'service provider for maintenance of the HV AC HVAC systems of the Premises. Tenant shall also be responsible for all cost and expenses incurred to perform any and all repairs and replacements (whether structural or non-structural; interior or exterior; and ordinary or extraordinary), in and to the Premises and the Property and the facilities and systems thereof, if and to the extent that the need for such repairs or replacements arises directly or indirectly from any or all of: (a) the performance or existence of any Alterations, (b) the installation, use or operation of Tenant's Property in the Premises, (c) the moving of Tenant's Property in or out of the Premises and/or the Property, and or (d) any act, omission, misuse, or neglect of Tenant, Tenant or any of its subtenantssubtenants or its or their respective employees, agents, contractors, invitees, or others entering into the Premises by act or omission of Tenant or any subtenant. Without limiting the generality of the foregoing, except only for reasonable and normal wear and tear and repairs required as a result of the negligent acts or omissions of Landlord or its agents, employees or contractors while on the Property, Tenant, at its expense, shall promptly replace or repair all scratched, damaged, or broken doors and glass in and about the Premises and floor coverings in the Premises and repair and maintain all sanitary and electrical fixtures therein. Any repairs or replacements required to be made by Tenant to any or all of the structural components of the property and the :mechanical, electrical, sanitary; , HVAC, or other systems of the Property or Premises shall be performed by appropriately licensed contractors approved by Landlord, which approval shall not be unreasonably withheldcontractors. All such repairs or replacements shall be subject to the supervision and control of LandlordLandlord or Agent, and all repairs and replacements shall be made with materials of equal or better quality than the items being repaired or replaced.

Appears in 1 contract

Samples: Gantos Inc

Tenant Repairs and Maintenance. Tenant shall, at its expense, throughout the Term, (i) maintain and preserve, in first-class condition (subject to normal and customary wear and tear), the Premises and the fixtures and appurtenances therein (including, but not limited to, the Premises' plumbing and HV AC HVAC systems, all doors, overhead or otherwise, glass and levelers located in the Premises or otherwise available in the Property for Tenant's ’s sole use; and excluding, however, those components of the Premises for which Landlord is expressly responsible under Section 13.2); and (ii) maintain, in full force and effect, a preventative maintenance and service contract with a reputable 'service provider for maintenance of the HV AC HVAC systems of the PremisesPremises (a copy of which service agreement shall be provided to Landlord within ten (10) days after the Commencement Date). Tenant shall also be responsible for all cost and expenses incurred to perform any and all repairs and replacements (whether structural or non-structuralnonstructural; interior or exterior; and ordinary or extraordinary), in and to the Premises and the Property and the facilities and systems thereof, if and to the extent that the need for such repairs or replacements arises directly or indirectly from any or all of: (a) the performance or existence of any Alterations, (b) the installation, use or operation of Tenant's ’s Property in the Premises, (c) the moving of Tenant's ’s Property in or out of the Property, and (d) any act, omission, misuse, or neglect of Tenant, any of its subtenants, or others entering into the Premises by act or omission of Tenant or any subtenant. Without limiting the generality of the foregoing. Tenant, at its expense, shall promptly replace or repair all scratched, damaged, or broken doors and glass and floor coverings in and about the Premises, and replace and properly dispose of all light bulbs in the Premises and repair and maintain all plumbing and electrical fixtures therein. Any repairs or replacements required to be made by Tenant to any or all of the structural components of the property Property and the :mechanical, electrical, sanitary; , HVAC, or other systems of the Property or Premises shall be performed by appropriately licensed contractors approved by Landlord, which approval shall not be unreasonably withheld. All such repairs or replacements shall be subject to the supervision and control of Landlord, and all repairs and replacements shall be made with materials of equal or better quality than the items being repaired or replaced. Notwithstanding any of the foregoing, however, from time to time during the Term, Landlord may elect, in its sole discretion and by delivery of written notice to Tenant, to perform on behalf of Tenant, all or some portion of the repairs, maintenance, restoration and replacement in and to the Premises required to be performed by Tenant under this Lease (any such repairs, maintenance, restoration and/or replacement activities that Landlord elects to perform on behalf of Tenant are herein collectively referred to as “General Maintenance Services”). Tenant shall reimburse Landlord for the cost or value of all General Maintenance Services provided by Landlord as Additional Rent simultaneously with the payment of Operating Expenses as part of Estimated Additional Rent (on a monthly estimated basis subject to annual reconciliation as described in Section 3.2 above). Unless and until Landlord affirmatively elects to provide General Maintenance Services, nothing contained herein shall be construed to obligate Landlord to perform any General Maintenance Services or, except as otherwise expressly provided in Section 13.2. to repair, maintain, restore or replace any portion of the Premises. Landlord may, from time to time, in its sole discretion, (x) reduce or expand the scope of the General Maintenance Services that Landlord has elected to provide or (y) revoke its election to provide any or all of the General Maintenance Services, in either event, upon delivery of not less than thirty (30) days’ prior written notice to Tenant. If Landlord does not elect to repair, maintain and/or replace the HVAC systems as part of General Maintenance Services, or revokes such election at any time after having made such election. Tenant shall enter into a preventative maintenance and service contract with a reputable service provider for maintenance of the HVAC systems of the Premises, a copy of which agreement shall be provided to Landlord. Tenant shall not be liable for replacement of any hvac system during the first 12 months of this agreement.

Appears in 1 contract

Samples: Sed International Holdings Inc

Tenant Repairs and Maintenance. Tenant shall, at its expense, throughout the Term, (i) maintain and preserve, in first-class condition (subject to normal and customary wear and tear), the Premises and the fixtures and appurtenances therein (including, but not limited to, the Premises' plumbing and HV AC HVAC systems, all doors, overhead or otherwise, glass and levelers located in the Premises or otherwise available in the Property for Tenant's sole use; and excluding, however, those components of the Premises for which Landlord is expressly responsible under Section 13.2); and (ii) except to the extent Landlord elects to repair and maintain the HVAC systems as part of General Maintenance Services (as hereinafter defined), maintain, in full force and effect, a preventative maintenance and service contract with a reputable 'service provider for maintenance of the HV AC HVAC systems of the PremisesPremises (a copy of which service agreement shall be provided to Landlord within fifteen (15) days after the Commencement Date), (which contract shall provide for a minimum of four (4) inspections per year). Tenant shall also be responsible for all cost and expenses incurred to perform any and all repairs and replacements (whether structural or non-structural; interior or exterior; and ordinary or extraordinary), in and to the Premises and the Property and the facilities and systems thereof, if and to the extent that the need for such repairs or replacements arises directly or indirectly from any or all of: (a) the performance or existence of any Alterations, (b) the installation, use or operation of Tenant's Property in the Premises, (c) the moving of Tenant's Property in or out of the Property, and (d) any act, omission, misuse, or neglect of Tenant, any of its subtenants, or others entering into the Premises by act or omission of Tenant or any subtenant. Any repairs or replacements required to be made by Tenant to any or all of the structural components of the property Property and the :mechanical, electrical, sanitary; , HVAC, or other systems of the Property or Premises shall be performed by appropriately licensed contractors approved by Landlord, which approval shall not be unreasonably withheld. All such repairs or replacements shall be subject to the supervision and control of Landlord, and all repairs and replacements shall be made with materials of equal or better quality than the items being repaired or replaced.. Notwithstanding any of the foregoing, however, from time to time during the Term, Landlord may elect, in its sole discretion and by delivery of written notice to Tenant, to perform on behalf of Tenant, all or some portion of the repairs, maintenance, restoration and replacement in and to the Premises required to be performed by Tenant under this Lease (any such repairs, maintenance, restoration and/or replacement activities that Landlord elects to perform on behalf of Tenant are herein collectively referred to as "General Maintenance Services"). Tenant shall reimburse Landlord for the cost or value of all General Maintenance Services provided by Landlord as Additional Rent simultaneously with the payment of Operating Expenses as part of Estimated Additional Rent (on a monthly estimated basis subject to annual reconciliation as described in Section 3.3

Appears in 1 contract

Samples: Classica Group Inc

Tenant Repairs and Maintenance. Throughout the Term, Tenant shall, at its sole cost and expense, throughout the Term, : (i) both (x) maintain and preserve, in first-class condition (subject to normal and customary wear and tear), and (y) perform any and all repairs and replacements required in order to so maintain and preserve, in first class condition, the Premises and the fixtures and appurtenances therein (including, but not limited to, the Premises' plumbing and HV AC HVAC systems, all doors, overhead or otherwise, glass and levelers located in the Premises or otherwise available in the Property for Tenant's sole use; and excluding, however, only those specific components of the Premises for which Landlord is expressly responsible under Section 13.2); and (ii) except to the extent Landlord elects to repair and maintain the HVAC systems as part of General Maintenance Services (as hereinafter defined), maintain, in full force and effect, a preventative maintenance and service contract with a reputable 'service provider for maintenance of the HV AC HVAC systems of the Premises (the "HVAC Maintenance Contract"). The terms and provisions of any such HVAC Maintenance Contract shall require that the service provider maintain the Premises' HVAC system in accordance with the manufacturer's recommendations and otherwise in accordance with normal, customary and reasonable practices in the geographic area in which the Premises is located and for HVAC systems comparable to the Premises' HVAC system. In addition to Tenant's obligations under (i) and (ii) above, Tenant shall also be responsible for all cost costs and expenses incurred to perform any and all repairs and replacements (whether structural or non-structural; interior or exterior; and ordinary or extraordinary), in and to the Premises and the Property and the facilities and systems thereof, if and to the extent that the need for such repairs or replacements arises directly or indirectly from any or all of: (a) the performance or existence of any Alterations, (b) the installation, use or operation of Tenant's Property in the Premises, (c) the moving of Tenant's Property in or out of the Property, and (d) any act, omission, misuse, or neglect of Tenant, any of its subtenants, or others entering into the Premises by act or omission of Tenant or any subtenant. PROVIDED, HOWEVER, TENANT SHALL NOT BE REQUIRED TO PAY FOR ANY REPAIRS TO THE HVAC SYSTEM SERVING THE OFFICE AREA ONLY DURING THE FIRST LEASE YEAR OF THE TERM. LANDLORD SHALL HAVE ALL THE HVAC EQUIPMENT SERVICED AND CERTIFIED PRIOR TO THE EARLY OCCUPANCY DATE. Any repairs or replacements required to be made by Tenant to any or all of the structural components of the property Property and the :mechanical, electrical, sanitary; , HVAC, or other systems of the Property or Premises shall be performed by appropriately licensed contractors approved by Landlord, which approval shall not be unreasonably withheld. All such repairs or replacements shall be subject to the supervision and control of Landlord, and all repairs and replacements shall be made with materials of equal or better quality than the items being repaired or replaced.

Appears in 1 contract

Samples: Vascular Solutions Inc

Tenant Repairs and Maintenance. Tenant shall, at its expense, throughout the Term, (i) maintain and preserve, in first-class condition (subject to normal and customary wear and tear), the Premises and the fixtures and appurtenances therein (including, but not limited to, the Premises' plumbing and HV AC HVAC systems, all doors, overhead or otherwise, glass and levelers located in the Premises or otherwise available in the Property for Tenant's sole use; and excluding, however, those components of the Premises for which Landlord is expressly responsible under Section SECTION 13.2); and (ii) except to the extent Landlord elects to repair and maintain the HVAC systems as part of General Maintenance Services (as hereinafter defined), maintain, in full force and effect, a preventative maintenance and service contract with a reputable 'service provider for maintenance of the HV AC HVAC systems of the PremisesPremises (a copy of which service agreement shall be provided to Landlord within fifteen (15) days after the Commencement Date). Tenant shall also be responsible for all cost and expenses incurred to perform any and all repairs and replacements (whether structural or non-structural; interior or exterior; and ordinary or extraordinary), in and to the Premises and the Property and the facilities and systems thereof, if and to the extent that the need for such repairs or replacements arises directly or indirectly from any or all of: (a) the performance or existence of any Alterations, (b) the installation, use or operation of Tenant's Property in the Premises, (c) the moving of Tenant's Property in or out of the Property, and (d) any act, omission, misuse, or neglect of Tenant, any of its subtenants, or others entering into the Premises by act or omission of Tenant or any subtenant. Any repairs or replacements required to be made by Tenant to any or all of the structural components of the property Property and the :mechanical, electrical, sanitary; , HVAC, or other systems of the Property or Premises shall be performed by appropriately licensed contractors approved by Landlord, which approval shall not be unreasonably withheld. All such repairs or replacements shall be subject to the supervision and control of Landlord, and all repairs and replacements shall be made with materials of equal or better quality than the items being repaired or replaced. Notwithstanding any of the foregoing, however, from time to time during the Term, Landlord may elect, in its sole discretion and by delivery of written notice to Tenant, to perform on behalf of Tenant, all or some portion of the repairs, maintenance, restoration and replacement in and to the Premises required to be performed by Tenant under this Lease (any such repairs, maintenance, restoration and/or replacement activities that Landlord elects to perform on behalf of Tenant are herein collectively referred to as "GENERAL MAINTENANCE SERVICES"). Tenant shall reimburse Landlord for the cost or value of all General Maintenance Services provided by Landlord as Additional Rent simultaneously with the payment of Operating Expenses as part of Estimated Additional Rent (on a monthly estimated basis subject to annual reconciliation as described in SECTION 3.3 above). Unless and until Landlord affirmatively elects to provide General Maintenance Services, nothing contained herein shall be construed to obligate Landlord to perform any General Maintenance Services or, except as otherwise expressly provided in SECTION 13.2, to repair, maintain, restore or replace any portion of the Premises. Landlord may from time to time, in its sole discretion, (x) reduce or expand the scope of the General Maintenance Services that Landlord has elected to provide or (y) revoke its election to provide any or all of the General Maintenance Services, in either event, upon delivery of not less than thirty (30) days' prior written notice to Tenant If Landlord does not elect to repair, maintain and/or replace the HVAC systems as part of General Maintenance Services, or revokes such election at any time after having made such election, Tenant shall enter into a preventative maintenance and service contract with a reputable service provider for maintenance of the HVAC systems of the Premises, a copy of which agreement shall be provided to Landlord.

Appears in 1 contract

Samples: Research Inc /Mn/

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Tenant Repairs and Maintenance. Tenant shall, at its expense, throughout the Term, (i) maintain and preserve, in first-class condition good working order and repair (subject to normal and customary wear and teartear and casualty), the Premises and the fixtures and appurtenances therein (including, but not limited to, the Premises' plumbing and HV AC systems’ plumbing, all doors, overhead or otherwise, glass and levelers located in the Premises or otherwise available in the Property for Tenant's ’s sole use; and excluding, however, those components of the Premises for which Landlord is expressly responsible under Section 13.2); 13.2 and (ii) maintain, in full force and effect, a preventative maintenance and service contract with a reputable 'service provider for maintenance those components of the HV AC building systems of that do not serve the Premises). Tenant shall also be responsible for all cost and expenses incurred to perform any and all repairs and replacements (whether structural or non-structural; interior or exterior; and ordinary or extraordinary), in and to the Premises and the Property and the facilities and systems thereof, if and to the extent that the need for such repairs or replacements arises directly or indirectly from any or all of: (a) the performance or existence of any Alterations, (b) the installation, use or operation of Tenant's ’s Property in the Premises, (c) the moving of Tenant's ’s Property in or out of the Property, and or (d) any act, omission, misuse, or neglect of Tenant, any of its subtenants, or others entering into the Premises by act or omission of Tenant or any subtenant. Without limiting the generality of the foregoing, Tenant, at its expense, shall promptly replace or repair all scratched, damaged, or broken doors in and about the Premises, and replace and properly dispose of all light bulbs in the Premises and repair and maintain all plumbing and electrical fixtures therein. Any repairs or replacements required to be made by Tenant to any or all of the structural components of the property Property and the :mechanical, electrical, sanitary; HVAC, or other systems of the Property or Premises shall be performed by appropriately licensed contractors approved by Landlord, which approval shall not be unreasonably withheld. All such repairs or replacements shall be subject to the supervision and control of Landlord, and all repairs and replacements shall be made with materials of equal or better quality than the items being repaired or replaced.

Appears in 1 contract

Samples: Digital Lightwave Inc

Tenant Repairs and Maintenance. Tenant shall, at its expense, throughout the Term, (i) maintain and preserve, in first-class condition (subject to normal and customary wear and tear), the Premises and the fixtures and appurtenances therein (including, but not limited to, the Premises' plumbing and HV AC HVAC systems, all doors, overhead or otherwise, glass and levelers located in the Premises or otherwise available in the Property for Tenant's sole use; and excluding, however, those components of the Premises for which Landlord is expressly responsible under Section 13.2); and (ii) maintain, in full force and effect, a preventative maintenance and service contract with a reputable 'service provider for maintenance of the HV AC HVAC systems of the Premises. Tenant shall also be responsible for all cost and expenses incurred to perform any and all repairs and replacements (whether structural or non-structural; interior or exterior; and ordinary or extraordinary), in and to the Premises and the Property and the facilities and systems thereof, if and to the extent that the need for such repairs or replacements arises directly or indirectly from any or all of: (a) the performance or existence of any Alterations, (b) the installation, use or operation of Tenant's Property in the Premises, (c) the moving of Tenant's Property in or out of the Property, and or (d) any act, omission, misuse, or neglect of Tenant, any of its subtenants, or others entering into the Premises by act or omission of Tenant or any subtenant. Any repairs or replacements required to be made by Tenant to any or all of the structural components of the property Property and the :mechanical, electrical, sanitary; , HVAC, or other systems of the Property or Premises shall be performed by appropriately licensed contractors approved by Landlord, which approval shall not be unreasonably withheld. All such repairs or replacements shall be subject to the supervision and control of Landlord, and all repairs and replacements shall be made with materials of equal or better quality than the items being repaired or replaced.

Appears in 1 contract

Samples: Intest Corp

Tenant Repairs and Maintenance. Throughout the Term, subject to Landlord’s obligations under Section 13.2 and Exhibit B, Tenant shall, at its expense, throughout the Term, sole cost and expense both (ix) maintain and preserve, in first-class as good of condition as received (subject to normal and customary wear and tear), and (y) perform any and all repairs and replacements required in order to so maintain and preserve, in first class condition, the Premises and the fixtures and appurtenances therein (including, but not limited to, the Premises' plumbing and HV AC HVAC systems, all doors, overhead or otherwise, glass and levelers located in the Premises or otherwise available in the Property for Tenant's ’s sole use; and excluding, however, only those specific components of the Premises for which Landlord is expressly responsible under Section 13.2); and (ii) maintain. In addition to Tenant’s obligations above, in full force and effect, a preventative maintenance and service contract with a reputable 'service provider for maintenance of the HV AC systems of the Premises. Tenant shall also be responsible for all cost costs and expenses incurred to perform any and all repairs and replacements (whether structural or non-structural; interior or exterior; and ordinary or extraordinary), in and to the Premises and the Property and the facilities and systems thereof, if and to the extent that the need for such repairs or replacements arises directly or indirectly from any or all of: (a) the performance or existence of any AlterationsAlterations performed by Tenant (which shall in no event include the Landlord’s Work or any alterations performed by Landlord), (b) the installation, use or operation of Tenant's ’s Property in the Premises, (c) the moving of Tenant's ’s Property in or out of the Property, and (d) any act, omission, misuse, or neglect of Tenant, any of its subtenants, or others entering into the Premises by act or omission of Tenant or any subtenant. Any repairs or replacements required to be made by Tenant to any or all of the structural components of the property Property and the :mechanical, electrical, sanitary; , HVAC, or other systems of the Property or Premises shall be performed by appropriately licensed contractors approved by Landlord, which approval shall not be unreasonably withheld. All such repairs or replacements shall be subject to the supervision and control of Landlord, and all repairs and replacements shall be made with materials of equal or better quality than the items being repaired or replaced.

Appears in 1 contract

Samples: Datalink Corp

Tenant Repairs and Maintenance. Tenant shall, at its expense, throughout the Term, (i) maintain and preserve, in first-class the condition the Premises was delivered to Tenant on the Commencement Date (subject to normal and customary wear and teartear and damages and repairs that are the obligations of Landlord), the Premises and the fixtures and appurtenances therein (including, but not limited to, the Premises' plumbing and HV AC HVAC systems, all doors, overhead or otherwise, glass and levelers located in the Premises or otherwise available in the Property for Tenant's ’s sole use); and excluding, however, those components of the Premises for which Landlord is expressly responsible under Section 13.2); and (ii) maintain, in full force and effect, . Tenant shall maintain a preventative contract for the maintenance and service contract with a reputable 'service provider for maintenance servicing (not less than two times per calendar year) of the HV AC HVAC systems of serving the PremisesPremises (the “HVAC Contract”). Tenant shall also be responsible for all cost costs and expenses incurred to perform any and all repairs and replacements (whether structural or non-structural; interior or exterior; and ordinary or extraordinary), in and to the Premises and the Property and the facilities and systems thereof, if and to the extent that the need for such repairs or replacements arises directly or indirectly from any or all of: (a) the performance or existence of any Alterations, (b) the improper installation, use or operation of Tenant's ’s Property in the Premises, (c) the moving of Tenant's ’s Property in or out of the Property, and or (d) any intentional act, willful omission, misuse, or neglect negligence of Tenant, any of its subtenants, or others entering into the Premises by act or omission of Tenant or any subtenant. Any repairs or replacements required to be made by Tenant to any or all of the structural components of the property Property and the :mechanical, electrical, sanitary; , HVAC, or other systems of the Property or Premises shall be performed by appropriately licensed contractors approved by Landlord, which approval shall not be unreasonably withheld. All such repairs or replacements shall be subject to the supervision and control of Landlord, and all repairs and replacements shall be made with materials of equal or better quality than the items being repaired or replaced.

Appears in 1 contract

Samples: Magnetek, Inc.

Tenant Repairs and Maintenance. Tenant shall, at its expense, throughout through- out the Term, (i) maintain and preserve, in first-class condition (subject to normal and customary wear and tear), the Premises and the fixtures and appurtenances therein herein (including, but not limited to, the Premises' plumbing and HV AC electrical systems, all doors, overhead or otherwise, glass and levelers located in the Premises or otherwise available in the Property for Tenant's sole use; and excluding, however, those components Page 20 of the Premises for which Landlord is expressly responsible under Section 13.2); . Landlord shall, at Tenant's sole cost and (ii) expense, maintain, in full force and effect, a preventative preventive maintenance and service contract with a reputable 'service provider for maintenance of the HV AC HVAC systems of the Premises, which contract shall provide for a minimum of four inspections per year; Tenant shall reimburse Landlord for the foregoing cost within 15 days following receipt by Tenant of Landlord's invoice therefore. Tenant shall also be responsible for all cost and expenses incurred to perform any and all repairs and replacements (whether structural or non-non- structural; interior or exterior; and ordinary or extraordinary), in and to the Premises and the Property and the facilities and systems thereof, if and to the extent that the need for such repairs or replacements arises directly or indirectly from any or all of: (a) the performance or existence of any Alterations, (b) the installation, use or operation of Tenant's Property in the Premises, (c) the moving of Tenant's Property in or out of the Property, and (d) any act, omission, misuse, or neglect of Tenant, any of its subtenants, or others entering into the Premises by act or omission of Tenant or any subtenantsubtenant Tenant shall notify Landlord of the necessity of the need for any such repairs. Any repairs or replacements required to be made by Tenant to any or all of the structural components of the property Property and the :mechanical, electrical, sanitary; , HVAC, or other systems of the Property or Premises shall be performed by appropriately licensed contractors approved by Landlord, which approval shall not be unreasonably withheldat Tenant's sole cost and expense. All such repairs or and replacements shall be subject to the supervision and control of Landlord, and all repairs and replacements shall be made with materials of equal or better quality than the items being repaired or replaced.. 13.2

Appears in 1 contract

Samples: Lease Agreement (Instructivision Inc)

Tenant Repairs and Maintenance. Tenant shall, at its expense, throughout Throughout the Term, Tenant ------------------------------ covenants to maintain in good working order, condition, and repair, (i) maintain and preserve, in first-class condition (subject to normal and customary reasonable wear and teartear or damage by fire or other casualty excepted), the Premises and the Premises, fixtures and appurtenances therein (therein, including, but not limited toplumbing, the Premises' plumbing electrical and HV AC systemsHVAC systems and their components, all doors, overhead or otherwise, glass and levelers located in the Premises or otherwise available in on the Property for Tenant's sole use; and excluding, however, those components of the Premises for which Landlord is expressly responsible under Section 13.2); and (ii) . Tenant shall also maintain, in full force and effect, a preventative maintenance and service contract with a reputable 'service provider for maintenance of the HV AC HVAC systems of the Premises. Tenant shall also be responsible for all cost and expenses incurred to perform any and all repairs and replacements (whether structural or non-structural; interior or exterior; and ordinary or extraordinary), in and to the Premises and the Property and the facilities and systems thereof, if and to the extent that the need for such repairs or replacements arises directly or indirectly from any or all of: (a) the performance or existence of any Alterations, (b) the installation, use or operation of Tenant's Property in the Premises, (c) the moving of Tenant's Property in or out of the Property, and or (d) any act, omission, misuse, or neglect of Tenant, any of its subtenants, or others entering into the Premises by act or omission of Tenant or any subtenant. Any repairs or replacements required to be made by Tenant to any or all of the structural components of the property Property and the :mechanical, electrical, sanitary; , HVAC, or other systems of the Property or Premises shall be performed by appropriately licensed contractors approved by Landlord, which approval shall not be unreasonably withheld. All such repairs or replacements shall be subject to the supervision and control of Landlord, and all repairs and replacements shall be made with materials of equal or better quality than the items being repaired or replaced.

Appears in 1 contract

Samples: Maxwell Shoe Co Inc

Tenant Repairs and Maintenance. Tenant shall, at its expense, throughout the Term, (i) maintain and preserve, in first-class condition (subject to normal and customary wear and tear), the Premises and the fixtures and appurtenances therein (including, but not limited to, the Premises' plumbing (to the extent such plumbing is within the Premises or is situated between the Premises and HV AC systemsthe point at which such plumbing connects to the system of the water, sewer or other utility provider), all doors, overhead or otherwise, glass glass, levelers and levelers "Minor Repairs" to the existing, as of the date of this Lease, HVAC systems located in the Premises or otherwise available in the Property for Tenant's sole use, snow removal from and salting of the sidewalks serving the premises; and excluding, however, those components of the Premises for which Landlord is expressly responsible under Section 13.2); and (ii) maintain, in full force and effect, a preventative maintenance and service contract with a reputable 'service provider for maintenance of the HV AC HVAC systems of the Premises. Minor Repairs as used herein, shall be defined as those repairs and replacements to the existing HVAC systems, the cost of which shall not exceed $8,000.00 per breakdown or other event required for repair or replacement, up and until the start of the sixth year of the Lease at which time Tenant shall be responsible for all costs of repairs to the existing HVAC systems. Tenant shall also be responsible for all cost and expenses incurred to perform any and all repairs and replacements (whether structural or non-structural; interior or exterior, including outside lighting; and ordinary or extraordinary), in and to the Premises and the Property and the facilities and systems thereof, if and to the extent that the need for such repairs or replacements arises directly or indirectly from any or all of: (a) the performance or existence of any Alterations, (b) the installation, use or operation of Tenant's Property in the Premises, (c) the moving of Tenant's Property in or out of the Property, and or (d) any act, omission, misuse, or neglect of Tenant, any of its subtenants, or others entering into the Premises by act or omission of Tenant or any subtenant. Any repairs or replacements required to be made by Tenant to any or all of the structural components of the property Property and the :mechanical, electrical, sanitary; , HVAC, or other systems of the Property or Premises shall be performed by appropriately licensed contractors approved by Landlord, which approval shall not be unreasonably withheld. All such repairs or replacements shall be subject to the supervision and control of Landlord, and all repairs and replacements shall be made with materials of equal or better quality than the items being repaired or replaced.. (See Rider 9A)

Appears in 1 contract

Samples: Lease Agreement (MRS Fields Financing Co Inc)

Tenant Repairs and Maintenance. Except as provided in Section 13.02 ------------------------------ of this Lease, Tenant shall, at its expense, throughout the Termterm of this Lease, (i) maintain and preservetake good care of the Premises, in first-class condition (subject to normal and customary wear and tear), the Premises and the fixtures and appurtenances therein (therein, including, but not limited towithout limitation, the Premises' plumbing Landlord's Property, and HV AC systems, all doors, overhead or otherwise, glass and levelers located in the Premises or otherwise available in the Property for Tenant's sole use; and excluding, however, those components of the Premises for which Landlord is expressly responsible under Section 13.2); and (ii) maintain, in full force and effect, a preventative maintenance and service contract with a reputable 'service provider for maintenance of the HV AC systems of the PremisesProperty. Tenant shall also be responsible for all cost repairs, interior and expenses incurred to perform any exterior, structural and all repairs and replacements (whether structural or non-structural; interior or exterior; , ordinary and ordinary or extraordinary), in and extraordinary to the Premises and the Property Building and the facilities and systems thereof, if and to the extent that the need for such repairs or replacements arises directly or indirectly from any the Initial Improvements to the extent performed by Tenant or all of: (a) the performance under Tenant's supervision, Additional Improvements or existence of any Alterations, (b) the installation, use or operation of Tenant's Property in the Premises, (c) the moving of Tenant's Property in or out of the PropertyBuilding, and or (d) any act, omission, misuse, or neglect of Tenant, Tenant or any of its subtenantssubtenants or its or their respective employees, agents, contractors, invitees, or others entering into the Premises premises by act or omission of Tenant or any subtenant. Any Tenant, at its expense, shall promptly replace all scratched, damaged, or broken doors and glass in and about the Premises and floor coverings in the Premises and for the repair and maintenance of all sanitary and electrical fixtures therein; provided, however, that all replacement materials and methods of replacement shall be approved in writing by the Landlord prior to installation. Tenant shall promptly make, at Tenant's expense, all repairs in or replacements to the Premises for which Tenant is responsible, and any repairs required to be made by Tenant to any or all of the structural components of the property and the :mechanical, electrical, sanitary; HVAC, heating, ventilating, air conditioning, or other systems of the Property Building or Premises shall be performed only by appropriately licensed contractors approved contractor(s) designated by Landlord, which approval shall not be unreasonably withheld. All such repairs or replacements shall be performed at such times and in such manner as shall cause the least interference with the operation of the central systems of the Building and the use of the Building by other occupants. All such repairs shall be subject to the supervision and control of LandlordLandlord for which Landlord may charge Tenant a reasonable fee, not to exceed 10% of the amount of such repairs. Any other repairs in or to the Building and all repairs the facilities and replacements systems thereof for which Tenant is reasonable shall be made with materials of equal or better quality than the items being repaired or replacedperformed by Landlord at Tenant's expense.

Appears in 1 contract

Samples: Lease Agreement (Commerx Inc)

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