Reasonable Wear and Tear definition
Reasonable Wear and Tear means typical deterioration in a Property and its fixtures resulting from normal use, as distinct from Physical Damage, examples of which include, without limitation, carpet and floor wear due to normal traffic, paint wear due to normal use, and roof wear due to age.
Reasonable Wear and Tear as used herein shall mean such reasonable, normal and customary wear and tear
Reasonable Wear and Tear means normal day-to-day wear and tear that could reasonably be expected to exist at schools similar to the Schools, operating in a similar environment and similar circumstances and of a similar age, but does not include any degradation in the functionality or operability of the Schools such that the Schools or any of the Building Elements, Building Systems, Building Equipment and Exterior Improvements of the Schools fail to meet the Availability Conditions, the performance requirements and standards set out in Schedule 3 [Design and Construction Specifications] or any other requirements of this Agreement, and which, for certainty, excludes Vandalism and Excessive Damage and Decoration;
Examples of Reasonable Wear and Tear in a sentence
In the event of damage to any Item which is not a Casualty Occurrence, the Companies shall promptly place such items in good repair and working order, Reasonable Wear and Tear excepted.
Vehicle is graded Unsatisfactory when wear and tear is not Reasonable Wear and Tear due to one or more items which exceed the limitations set forth in the definition of Reasonable Wear and Tear (“Excessive Wear & Tear”).
Lessee shall give Lessor prompt notice of a Casualty Occurrence or other damage to the Equipment which does not constitute Reasonable Wear and Tear.
CCI has no obligation to repair or replace Equipment rendered inoperable by misuse, abuse, neglect or for other than Reasonable Wear and Tear.
Borrower shall: (a) cause such Equipment to be maintained and preserved in good repair and working condition (Reasonable Wear and Tear excepted); (b) maintain all material records relating to Borrower’s compliance with the foregoing; and (c) keep such Equipment free from all Liens (other than Permitted Liens).
More Definitions of Reasonable Wear and Tear
Reasonable Wear and Tear means normal day-to-day wear and tear that could reasonably be expected to exist at schools similar to the Schools, operating in a similar environment and similar circumstances and of a similar age, but does not include any degradation in the functionality or operability of the Schools such that the Schools or any of the Building Systems and Maintained Elements of the Schools fails to meet the Availability Conditions or the performance requirements and standards set forth in the Services Requirements, and which, for certainty, excludes Vandalism.
Reasonable Wear and Tear means typical deterioration in a Property and its f ixtures resulting f rom normal use, as distinct f rom Physical Damage, examples of which include, without limitation, carpet and f loor wear due to normal traffic, paint wear due to normal use, and roof wear due to age.
Reasonable Wear and Tear as used herein shall not be construed as permitting any missing items or components of any item of Leased Personal Property. Upon surrender, Tenant shall provide any additional documentation reasonably requested by Landlord relating to redelivery of or Landlord’s interest in each item of Leased Personal Property.
Reasonable Wear and Tear means: (i) the results of normal use of the Equipment as originally intended assuming use and maintenance in accordance with the Vendor’s recommendations and the complete absence of any casualty, misuse, abuse, abandonment, improper care, accident, negligence or similar occurrence with respect to the Equipment, whether or not the Equipment is in use at the time of said occurrence; and (ii) use that does not, in any way, impair the function of the Equipment or prevent the Equipment from promptly being placed into use. For purposes of this Lease “Average Saleable Condition” shall mean such condition that: (A) all components have at least a fifty (50%) remaining life until the next scheduled overhaul; (B) the Equipment has been properly operated and maintained in accordance with prudent industry practice; (C) the Equipment operates at its rated horsepower, temperature, pressure, fuel consumption, capacity, and efficiency and energy requirement, Reasonable Wear and Tear excepted; and (D) in accordance with any additional return requirements set forth in the applicable Schedule.
Reasonable Wear and Tear means normal wear of the Premises expected over the duration of the Lease Term on, including but not limited to, the carpeting, walls, ceiling tiles, fixtures and operating systems and equipment. Tenant shall ascertain from Landlord within thirty (30) days before the Expiration Date whether Landlord desires to have the Premises or any part or parts thereof restored to their condition as of the Commencement Date or to cause Tenant to surrender all Alterations in place to Landlord. If Landlord shall so desire, then Tenant shall remove such Alterations as Landlord may require and shall repair and restore said Premises or such part or parts thereof before the Expiration Date at Tenant's sole cost and expense. Tenant on or before the Expiration Date or sooner termination of this Lease, shall remove all its personal property and trade fixtures from the Premises, and all property and fixtures not so removed shall be deemed to be abandoned by Tenant. If the Premises are not surrendered at the Expiration Date or sooner termination of this Lease in the condition required by this paragraph, Tenant shall indemnify, defend, and hold harmless Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant founded on such delay.
Reasonable Wear and Tear a s used herein shall mean wear and tear which manifests itself solely through normal intensity of use and passage of time consistent with the employment of commercially prudent measures to protect finishes and components from damage and excessive wear, the application of regular and appropriate preventative maintenance practices and procedures, routine cleaning and servicing, waxing, polishing, adjusting, repair, refurbishment and replacement at a standard of appearance and utility and as often as appropriate for Class A corporate and professional office occupancies in the Palo Alto/Menlo Park office market. The term “reasonable wear and tear” would thus encompass the natural fading of painted surfaces, fabric and materials over time, and carpet wear caused by normal foot traffic. The term “reasonable wear and tear” shall not include any damage or deterioration that could have been prevented by ▇▇▇▇▇▇’s employment of ordinary prudence, care and diligence in the occupancy and use of the Premises and the performance of all of its obligations under this Lease. Items not considered reasonable wear and tear hereunder include the following for which Tenant shall bear the obligation for repair and restoration (except to the extent caused by the gross negligence or willful misconduct of Landlord or its employees or agents), (i) excessively soiled, stained, worn or marked surfaces or finishes; (ii) damage, including holes in building surfaces (e.g., cabinets, doors, walls, ceilings and floors) caused by the installation or removal of Tenant’s trade fixtures, furnishings, decorations, equipment, alterations, utility inst a llations, security systems, communications systems (including cabling, wiring and conduits), displays and signs; (iii) damage to any component, fixture, hardware, system or component part thereof within the Premises, and any such damage to the Building, Phase or Project, caused by Tenant or its agents, contractors or employees, and not fully recovered by Landlord from insurance proceeds. Tenant shall not commit or allow any waste or damage to be committed on any portion of the Premises, Building, Phase or Project.
Reasonable Wear and Tear shall not include any deterioration in the condition or diminution of the value of any portion of the Project in any manner whatsoever related to, directly or indirectly, Hazardous Materials. Any such holdover by Tenant will be with Landlord’s consent, will not be terminable by Tenant in any event or circumstance and will otherwise be subject to the provisions of Section 33 of this Lease.