Common use of Tenant Obligations Clause in Contracts

Tenant Obligations. Subject to the provisions of Sections 10.1, 10.2 and 10.3 relating to Landlord’s approval of certain Alterations, Capital Improvements and Material Capital Improvements, Tenant, at its expense and without the prior consent of Landlord, shall maintain the Leased Property, and every portion thereof, including all of the Leased Improvements and the structural elements and the plumbing, heating, ventilating, air conditioning, electrical, lighting, sprinkler and other utility systems thereof, all fixtures and all appurtenances to the Leased Property including any and all private roadways, sidewalks and curbs appurtenant to the Leased Property, and Tenant’s Property, in each case in good order and repair whether or not the need for such repairs occurs as a result of Tenant’s use, any prior use, the elements or the age of the Leased Property, and, with reasonable promptness, make all reasonably necessary and appropriate repairs thereto of every kind and nature, including those necessary to ensure continuing compliance with all Legal Requirements (including, without limitation, all Gaming Regulations and Environmental Laws) (to the extent required hereunder), Insurance Requirements, the Ground Leases and Property Documents whether now or hereafter in effect (other than any Ground Leases or Property Documents (or modifications to Ground Leases or Property Documents) entered into after the Commencement Date that impose obligations on Tenant (other than de minimis obligations) to the extent (x) entered into by Landlord without Tenant’s consent pursuant to Section 7.2(c) or (y) Tenant is not required to comply therewith pursuant to Section 7.3(b), Section 7.3(g) or Section 7.3(h)) and, with respect to any Fee Mortgages, the applicable provisions of such Fee Mortgage Documents as and to the extent Tenant is required to comply therewith pursuant to Article XXXI hereof, in each case except to the extent otherwise provided in Article XIV or Article XV of this Lease, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to or first arising after the Commencement Date.

Tenant Obligations. Subject to the provisions of Sections 10.1, 10.2 and 10.3 relating to Landlord’s approval of certain Alterations, Capital Improvements and Material Capital Improvements, Tenant, at its expense and without the prior consent of Landlord, shall maintain the Leased Property, and every portion thereof, including all of the Leased Improvements and the structural elements and the plumbing, heating, ventilating, air conditioning, electrical, lighting, sprinkler and other utility systems thereof, all fixtures and all appurtenances to the Leased Property including any and all private roadways, sidewalks and curbs appurtenant to the Leased Property, and Tenant’s Property, in each case in good order and repair whether or not the need for such repairs occurs as a result of Tenant’s use, any prior use, the elements or the age of the Leased Property, and, with reasonable promptness, make all reasonably necessary and appropriate repairs thereto of every kind and nature, including those necessary to ensure continuing compliance with all Legal Requirements (including, without limitation, all Gaming Regulations and Environmental Laws) (to the extent required hereunder), Insurance Requirements, the Ground Leases and Property Documents whether now or hereafter in effect (other than any Ground Leases or Property Documents (or modifications to Ground Leases or Property Documents) entered into after the Commencement Date that impose obligations on Tenant (other than de minimis obligations) to the extent (x) entered into by Landlord without Tenant’s consent pursuant to Section 7.2(c) or (y) Tenant is not required to comply therewith pursuant to Section 7.3(b7.3), Section 7.3(g) or Section 7.3(h)) and, with respect to any Fee Mortgages, the applicable provisions of such Fee Mortgage Documents as and only to the extent Tenant is required to comply therewith pursuant to Article XXXI hereof, in each case except to the extent otherwise provided in Article XIV or Article XV of this Lease, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to or first arising after the Commencement Date.

Tenant Obligations. Subject to the provisions of Sections 10.1, 10.2 and 10.3 relating to Landlord’s approval of certain Alterations, Capital Improvements and Material Capital Improvements, Tenant, at its expense and without the prior consent of Landlord, shall maintain the Leased Property, and every portion thereof, including all of the Leased Improvements and the structural elements and the plumbing, heating, ventilating, air conditioning, electrical, lighting, sprinkler and other utility systems thereof, all fixtures and all appurtenances to the Leased Property including any and all private roadways, sidewalks and curbs appurtenant to the Leased Property, and Tenant’s Property, in each case in good order and repair whether or not the need for such repairs occurs as a result of Tenant’s use, any prior use, the elements or the age of the Leased Property, and, with reasonable promptness, make all reasonably necessary and appropriate repairs thereto of every kind and nature, including those necessary to ensure continuing compliance with all Legal Requirements (including, without limitation, all Gaming Regulations and Environmental Laws) (to the extent required hereunder), Insurance Requirements, the Ground Leases and the Property Documents whether now or hereafter in effect (other than any Ground Leases or Property Documents (or modifications to Ground Leases or Property Documents) entered into after (i) the Commencement Date with respect to the Leased Property (CPLV), and (ii) the HLV Lease Commencement Date with respect to the Leased Property (HLV), as applicable, that impose obligations on Tenant (other than de minimis obligations) to the extent (x) in the case of Property Documents, such Property Documents are entered into by Landlord without Tenant’s consent (A) pursuant to Section 7.2(c) or (B) with respect to the Leased Property (HLV), prior to the Second Amendment Date, pursuant to Section 7.2(c) of the HLV Lease, as applicable, or (y) in the case of Ground Leases, Tenant is not required to comply therewith (A) pursuant to Section 7.3(b), Section 7.3(g) or Section 7.3(h) hereof or (B) with respect to the Leased Property (HLV)) , prior to the Second Amendment Date, pursuant to Section 7.3 of the HLV Lease, as applicable), and, with respect to any Fee Mortgages, the applicable provisions of such Fee Mortgage Documents as and to the extent Tenant is required to comply therewith pursuant to Article XXXI hereof, in each case except to the extent otherwise provided in Article XIV or Article XV of this Lease, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to or first arising after (a) the Commencement DateDate (with respect to the Leased Property (CPLV)) or (b) the HLV Lease Commencement Date (with respect to the Leased Property (HLV)), as applicable.

Tenant Obligations. Subject to the provisions of Sections 10.1, 10.2 and 10.3 relating to Landlord’s approval of certain Alterations, Capital Improvements and Material Capital Improvements, Tenant, at its expense and without the prior consent of Landlord, shall maintain the Leased Property, and every portion thereof, including all of the Leased Improvements and the structural elements and the plumbing, heating, ventilating, air conditioning, electrical, lighting, sprinkler and other utility systems thereof, all fixtures and all appurtenances to the Leased Property including any and all private roadways, sidewalks and curbs appurtenant to the Leased Property, and Tenant’s Property, in each case in good order and repair whether or not the need for such repairs occurs as a result of Tenant’s use, any prior use, the elements or the age of the Leased Property, and, with reasonable promptness, make all reasonably necessary and appropriate repairs thereto of every kind and nature, including those necessary to ensure continuing compliance with all Legal Requirements (including, without limitation, all Gaming Regulations and Environmental Laws) (to the extent required hereunder), Insurance Requirements, the Ground Leases and the Property Documents whether now or hereafter in effect (other than any Ground Leases or Property Documents (or modifications to Ground Leases or Property Documents) entered into after the Commencement Date that impose obligations on Tenant (other than de minimis obligations) to the extent (x) in the case of Property Documents, entered into by Landlord without Tenant’s consent pursuant to Section 7.2(c) or (y) in the case of Ground Leases, Tenant is not required to comply therewith pursuant to Section 7.3(b), Section 7.3(g) or Section 7.3(h)) and, with respect to any Fee Mortgages, the applicable provisions of such Fee Mortgage Documents as and to the extent Tenant is required to comply therewith pursuant to Article XXXI hereof, in each case except to the extent otherwise provided in Article XIV or Article XV of this Lease, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to or first arising after the Commencement Date.

Tenant Obligations. Subject to During the provisions of Sections 10.1, 10.2 and 10.3 relating to Landlord’s approval of certain Alterations, Capital Improvements and Material Capital ImprovementsTerm, Tenant, at its expense sole cost and without the prior consent of Landlordexpense, shall maintain perform all maintenance and repairs to the Leased Propertynon-structural elements of the Premises that are not Landlord’s express responsibility under this Lease, and every portion thereofkeep the Premises (other than those elements thereof or therein which are Landlord’s express responsibility under this Lease) in good condition and repair, including all of the Leased Improvements reasonable wear and the structural elements and the plumbing, heating, ventilating, air conditioning, electrical, lighting, sprinkler and other utility systems thereof, all fixtures and all appurtenances to the Leased Property including any and all private roadways, sidewalks and curbs appurtenant to the Leased Propertytear, and damage by Casualty, or taking by eminent domain (which shall instead be governed by Articles 14 and 15 below) excepted. Tenant’s Property, in each case in good order repair and repair whether or not the need for such repairs occurs as a result of Tenant’s use, any prior use, the elements or the age of the Leased Property, and, with reasonable promptness, make all reasonably necessary and appropriate repairs thereto of every kind and nature, including those necessary to ensure continuing compliance with all Legal Requirements (includingmaintenance obligations include, without limitation, all Gaming Regulations repairs to: (a) floor covering; (b) interior partitions; (c) doors; (d) the interior side of demising walls; (e) Alterations (described in Section 8); (f) supplemental air conditioning units, kitchens, including hot water heaters, plumbing, and Environmental Laws) (to similar facilities exclusively serving the extent required hereunder)Premises or any portion thereof, Insurance Requirements, whether such items are installed by Tenant or are currently existing in the Ground Leases and Property Documents whether now or hereafter in effect Premises (other than the Base Building air handling units outside the Premises, which will be maintained by Landlord); and (g) any Ground Leases Cable. Tenant shall maintain in effect throughout the Term maintenance contracts for any such supplemental air conditioning units or Property Documents other specialty equipment exclusively serving the Premises and, from time to time upon Landlord’s request, provide Landlord with a copy of such maintenance contract and reasonable evidence of its service record. All repairs and other work performed by Tenant or its contractors, including that involving Cable, shall be subject to the terms of Section 8.01 above. If Tenant fails to make any repairs to the Premises required to be made by Tenant hereunder for more than thirty (30) days after notice from Landlord (although notice shall not be required in an emergency), Landlord may (but shall not be required to do so) make the repairs, and, within thirty (30) days after demand, Tenant shall pay to Landlord the reasonable cost of the repairs. Landlord shall have no obligation to provide any cleaning, janitorial or modifications refuse or waste removal services in or to Ground Leases or Property Documents) entered into after the Commencement Date that impose obligations on Tenant Premises (other than de minimis obligations) to providing the extent (x) entered into by Landlord without Tenant’s consent Ordinary Trash Dumpster pursuant to Section 7.2(c) or (y) 7.01 above). Tenant is not required to comply therewith pursuant to Section 7.3(b)shall be responsible, Section 7.3(g) or Section 7.3(h)) andat its sole cost and expense, with respect to any Fee Mortgages, the applicable provisions of such Fee Mortgage Documents as for providing cleaning and janitorial services to the extent Premises in a neat and first-class manner consistent with the cleaning standards generally prevailing in comparable buildings in the Greater Boston area for laboratory and office space or as otherwise reasonably established by Landlord in writing from time to time, using an insured contractor or contractors selected by Tenant is required and reasonably approved in writing by Landlord (it being acknowledged and agreed that it shall be reasonable for Landlord to comply therewith pursuant require a union contractor) and such provider shall not interfere with the use and operation of the Building or Property by Landlord or any other tenant or occupant thereof. Tenant shall also be responsible to Article XXXI hereofarrange for, at Tenant’s sole cost and expense, any waste (including biomedical, hazardous and laboratory waste) and refuse removal services for Tenant’s operations at the Premises. All waste (including biomedical, hazardous and laboratory waste) and refuse removal shall be performed in each case except to the extent otherwise provided in Article XIV or Article XV of this Leasecompliance with applicable environmental Laws using licensed laboratory waste disposal companies. All ordinary trash (i.e., whether interior or exterior, structural or non-structuralorganic and non-controlled substances that do not constitute Hazardous Materials) may be stored in the Ordinary Trash Dumpster, ordinary but all biomedical, hazardous and laboratory waste and refuse shall be stored in the Premises and shall be removed in compliance with applicable environmental Laws. Tenant shall also cause all extermination of vermin in the Premises or extraordinary, foreseen resulting from Tenant’s use of the Premises to be performed by companies reasonably approved by Landlord in writing and shall contract and utilize pest extermination services as reasonably necessary or unforeseen or arising as reasonably requested by reason of a condition existing prior to or first arising after the Commencement DateLandlord.

Tenant Obligations. Subject to At its sole cost and expense throughout the provisions of Sections 10.1Term, 10.2 and 10.3 relating to Landlord’s approval of certain Alterations, Capital Improvements and Material Capital Tenant shall (i) keep the Premises (including the Improvements, Tenant, at its expense and without the prior consent of Landlord, shall maintain the Leased Property, and every portion thereof, including all of the Leased Improvements ) and the structural elements and the plumbing, heating, ventilating, air conditioning, electrical, lighting, sprinkler and other utility systems thereof, all fixtures and all appurtenances to the Leased Personal Property including any and all private roadways, sidewalks and curbs appurtenant to the Leased Property, and Tenant’s Property, in each case in good order and condition of repair whether or not the need for such and (ii) make and perform all commercially reasonable maintenance thereof and all repairs occurs as a result of Tenant’s usethereto, any prior useinterior and exterior, the elements or the age of the Leased Propertyordinary and extraordinary, andstructural and non-structural, with reasonable promptnessforeseen and unforeseen, make all reasonably necessary and appropriate repairs thereto of every nature, kind and naturedescription, including those except as otherwise expressly provided herein. When used in this Article 8, "repairs" shall include all necessary replacements, renewals, alterations, additions and betterments, whether capital or non-capital, and regardless of whether the useful life thereof extends beyond the Term. As to ensure continuing compliance any repairs and replacements whatsoever, Tenant shall, in connection therewith, comply with all Legal Requirements (the requirements of Article 13 hereof as if such work constituted an alteration. Tenant shall further keep and maintain the improvements at any time situated upon the Premises, including, without limitation, the parking areas, sidewalks, driveways, roadways, pathways, curbs, loading areas and areas adjacent thereto, and all Gaming Regulations landscaped areas adjacent thereto, reasonably safe, secure, clean and Environmental Laws) (sanitary including, without limitation, snow and ice clearance, planting and replacing flowers and landscaping, and necessary interior painting. All repairs made by Tenant shall be at least equal in quality to the extent required hereunder)work performed in constructing the Improvements and the condition of the Premises and the Personal Property as of the date hereof and shall be made by Tenant in accordance with all laws, Insurance Requirementsordinances and regulations, the Ground Leases and Property Documents whether now heretofore or hereafter enacted. The necessity for or adequacy of maintenance and repairs shall be measured by the standards which are appropriate for improvements of similar construction and class, provided that Tenant shall, in effect (other than any Ground Leases or Property Documents (or modifications to Ground Leases or Property Documents) entered into after the Commencement Date that impose obligations on Tenant (other than de minimis obligations) event, make all repairs to the extent (x) entered into by Landlord without Tenant’s consent pursuant Premises necessary to Section 7.2(c) avoid any structural damage or (y) Tenant is not required to comply therewith pursuant to Section 7.3(b), Section 7.3(g) other damage or Section 7.3(h)) and, with respect to any Fee Mortgages, the applicable provisions of such Fee Mortgage Documents as and injury to the extent Tenant is required to comply therewith pursuant to Article XXXI hereof, in each case except to the extent otherwise provided in Article XIV Premises or Article XV of this Lease, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to or first arising after the Commencement Dateany part thereof.

Tenant Obligations. Subject Execute and deliver to the provisions of Sections 10.1, 10.2 and 10.3 relating to Landlord’s approval of certain Alterations, Capital Improvements and Material Capital Improvements, Tenant, at its expense and without the prior consent of Landlord, shall maintain the Leased Property, and every portion thereofLandlord any documents, including all of the Leased Improvements and the structural elements and the plumbing, heating, ventilating, air conditioning, electrical, lighting, sprinkler and other utility systems thereof, all fixtures and all appurtenances to the Leased Property including any and all private roadways, sidewalks and curbs appurtenant to the Leased Property, and Tenant’s Propertyestoppel certificates, in each case in good order and repair whether or not the need for such repairs occurs as a result of Tenant’s use, any prior use, the elements or the age of the Leased Property, and, with reasonable promptness, make all reasonably necessary and appropriate repairs thereto of every kind and nature, including those necessary to ensure continuing compliance with all Legal Requirements (including, without limitation, all Gaming Regulations and Environmental Laws) (to the extent required hereunder), Insurance Requirements, the Ground Leases and Property Documents whether now or hereafter in effect (other than any Ground Leases or Property Documents (or modifications to Ground Leases or Property Documents) entered into after the Commencement Date that impose obligations on Tenant (other than de minimis obligations) to the extent (x) entered into form prepared by Landlord without Tenant’s consent pursuant to Section 7.2(c(i) or (y) Tenant certifying that this Lease is not required to comply therewith pursuant to Section 7.3(b)unmodified and in full force and effect or, Section 7.3(g) or Section 7.3(h)) andif modified, with respect to any Fee Mortgages, stating the applicable provisions nature of such Fee Mortgage Documents as modification and to the extent Tenant is required to comply therewith pursuant to Article XXXI hereof, in each case except to the extent otherwise provided in Article XIV or Article XV of certifying that this Lease, whether interior as so modified, is in full force and effect and the date to which the Rent and other charges are paid in advance, if any; (ii) acknowledging that there are not, to Tenant's knowledge, any uncured defaults on the part of the Landlord or exteriorstating the nature of any uncured defaults; (iii) evidencing the status of the Lease as may be required by a lender making a loan to Landlord to be secured by deed of trust or mortgage covering the Premises or a purchaser of the Premises from Landlord; (iv) certifying the current Monthly Rent amount and the amount and form of Security Deposit on deposit with Landlord; and (v) certifying to such other information as Landlord, structural or nonLandlord's Agents, mortgagees, prospective mortgagees and purchasers may reasonably request. Tenant's failure to deliver an estoppel certificate within ten (10) days after delivery of Landlord's written request therefor shall be conclusive upon Tenant (i) that this Lease is in full force and effect, without modification except as may be represented by Landlord; (ii) that there are now no uncured defaults in Landlord's performance; (iii) that not more than one (1) month's Monthly Rent has been paid in advance; and (iv) that the other information requested by Landlord is correct as stated in the form presented by Landlord. Tenant hereby irrevocably appoints Landlord as Tenant's attorney- in-structuralfact, ordinary or extraordinarywhich appointment is coupled with an interest, foreseen or unforeseen or arising by reason of a condition existing prior to or first arising after the Commencement Dateact in Tenant's name, place and stead to execute such estoppel certificate on Tenant's behalf.

Tenant Obligations. Subject Execute and deliver to the provisions of Sections 10.1, 10.2 and 10.3 relating to Landlord’s approval of certain Alterations, Capital Improvements and Material Capital Improvements, Tenant, at its expense and without the prior consent of Landlord, shall maintain the Leased Property, and every portion thereofLandlord any documents, including all of the Leased Improvements and the structural elements and the plumbing, heating, ventilating, air conditioning, electrical, lighting, sprinkler and other utility systems thereof, all fixtures and all appurtenances to the Leased Property including any and all private roadways, sidewalks and curbs appurtenant to the Leased Property, and Tenant’s Propertyestoppel certificates, in each case in good order and repair whether or not the need for such repairs occurs as a result of Tenant’s use, any prior use, the elements or the age of the Leased Property, and, with reasonable promptness, make all reasonably necessary and appropriate repairs thereto of every kind and nature, including those necessary to ensure continuing compliance with all Legal Requirements (including, without limitation, all Gaming Regulations and Environmental Laws) (to the extent required hereunder), Insurance Requirements, the Ground Leases and Property Documents whether now or hereafter in effect (other than any Ground Leases or Property Documents (or modifications to Ground Leases or Property Documents) entered into after the Commencement Date that impose obligations on Tenant (other than de minimis obligations) to the extent (x) entered into form prepared by Landlord without Tenant’s consent pursuant to Section 7.2(c(i) or (y) Tenant certifying that this lease is not required to comply therewith pursuant to Section 7.3(b)unmodified and in full force and effect or, Section 7.3(g) or Section 7.3(h)) andif modified, with respect to any Fee Mortgages, stating the applicable provisions nature of such Fee Mortgage Documents as modification and to the extent Tenant is required to comply therewith pursuant to Article XXXI hereof, in each case except to the extent otherwise provided in Article XIV or Article XV of certifying this Lease, whether interior as so modified, is in full force and effect and the date to which the Rent and other charges are paid in advance, if any; (ii) acknowledging that there are not, to Tenant's knowledge, any uncured defaults on the part of the Landlord or exteriorstating the nature of any uncured defaults; (iii) evidencing the status of the Lease as may be required either by a lender making a loan to Landlord to be secured by deed of trust or mortgage covering the Premises or a purchaser of the Premises from Landlord; (iv) certifying the current Monthly Rent amount and the amount and form of Security Deposit on deposit with Landlord; and (v) certifying to such other information as Landlord, structural or nonLandlord's Agents, mortgagees, prospective mortgagees and purchasers may reasonably request. Tenant's failure to deliver an estoppel certificate within seven (7) days after delivery of Landlord's written request therefor shall be conclusive upon Tenant (i) that this Lease is in full force and effect, without modification except as may be represented by Landlord; (ii) that there are now no uncured defaults in Landlord's performance; (iii) that not more than one (1) month's Monthly Rent has been paid in advance; and (iv) that the other information requested by Landlord is correct as stated in the form presented by Landlord. Tenant hereby irrevocably appoints Landlord as Tenant's attorney-structuralin-fact, ordinary or extraordinarywhich appointment is coupled with an interest, foreseen or unforeseen or arising by reason of a condition existing prior to or first arising after the Commencement Dateact in Tenant's name, place and stead to execute such estoppel certificate on Tenant's behalf.

Tenant Obligations. Subject to the provisions of Sections 10.1, 10.2 and 10.3 relating to Landlord’s approval of certain Alterations, Capital Improvements and Material Capital Improvements, Tenant, at its expense and without the prior consent of Landlord, shall maintain the Leased Property, and every portion thereof, including all of the Leased Improvements and the structural elements and the plumbing, heating, ventilating, air conditioning, electrical, lighting, sprinkler and other utility systems thereof, all fixtures and all appurtenances to the Leased Property including any and all private roadways, sidewalks and curbs appurtenant to the Leased Property, and Tenant’s Property, in each case in good order and repair whether or not the need for such repairs occurs as a result of Tenant’s use, any prior use, the elements or the age of the Leased Property, and, with reasonable promptness, make all reasonably necessary and appropriate repairs thereto of every kind and nature, including those necessary to ensure continuing compliance with all Legal Requirements (including, without limitation, all Gaming Regulations and Environmental Laws) (to the extent required hereunder), Insurance Requirements, the Ground Leases and Property Documents whether now or hereafter in effect (other than any Ground Leases or Property Documents (or modifications to Ground Leases or Property Documents) entered into after the Commencement Date that impose obligations on Tenant (other than de minimis obligations) to the extent (x) entered into by Landlord without Tenant’s consent pursuant to Section 7.2(c) or (y) Tenant is not required to comply therewith pursuant to Section 7.3(b), Section 7.3(g) or Section 7.3(h)) and, with respect 67 to any Fee Mortgages, the applicable provisions of such Fee Mortgage Documents as and to the extent Tenant is required to comply therewith pursuant to Article XXXI hereof, in each case except to the extent otherwise provided in Article XIV or Article XV of this Lease, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to or first arising after the Commencement Date.. 9.2