Common use of Tenant Repairs Clause in Contracts

Tenant Repairs. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, supplemental/non-Building heating, ventilation (including exhaust) and air conditioning (which Tenant installs as part of the Tenant Improvements) (“Supplemental HVAC”), and systems and equipment therein (including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, and insta-hot dispensers), and the floor of the Building on which the Premises are located, in good order, repair and condition as received (ordinary wear and tear and casualty damage excepted) at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs (after notice from Landlord a reasonable opportunity to do so), Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Without limitation, Tenant shall be responsible for the Supplemental HVAC and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems.

Tenant Repairs. No representations, except as contained herein or endorsed hereon, have been made to Tenant respecting the condition of the Premises, and the acceptance of possession of the Premises by Tenant shall be conclusive evidence as against Tenant that the Premises are as of the Term Commencement Date in a tenantable and good condition. Tenant shall take good care of the Premises and shall make all repairs to all improvements within the Premises, whether constructed by or at the direction of Landlord or Tenant, in order to preserve the Premises in good working order and condition; provided that Tenant shall not make any repairs in or to the walls, ceilings, flooring or electrical or telephone/communication closets, or any other similar major repairs (“Major Repairs”) without Landlord’s prior written approval, which approval shall not be unreasonably withheld. At Landlord’s option, Landlord may elect to make the necessary Major Repairs. Tenant shall reimburse Landlord, upon demand, for the cost of all Major Repairs and, subject to the provisions of Sections 12.1 and 13.1, for the cost of any and all structural repairs or replacements necessitated or occasioned by the acts, omissions or negligence of Tenant or any person claiming through or under Tenant, or any of their servants, employees, contractors, agents, visitors or licensees, or by the use or occupancy or manner of use or occupancy of the Premises by Tenant or any such person. Landlord shall not be liable for, and there shall be no abatement of rent with respect to, any injury to or interference with Tenant’s business arising from any repairs, maintenance, alteration or improvement in or to any portion of the Premises or the Common Facilities or in or to the fixtures, appurtenances or equipment therein. Tenant hereby waives all right to make repairs at Landlord’s expense under the provisions of Sections 1932(1), 1941 and 1942 of the California Civil Code, and instead, all improvements, repairs and/or maintenance expenses incurred in connection with the Premises shall be at the expense of Tenant, and shall be considered as part of the consideration for leasing the Premises. Except as otherwise set forth in Section 12.1, all damage or injury done to the Premises by Tenant or by any person who may be in or upon the Premises with Tenant’s consent or at Tenant’s invitation, shall be paid for by Tenant, and Tenant shall, at the termination of this Lease, surrender the Premises to Landlord in as good condition and repair as when accepted by Tenant’s own expense, keep reasonable wear and tear excepted and otherwise in accordance with Article 25. Landlord shall have no obligation to repaint the Premises, including all improvementsor perform any other improvements to the Premises, fixtures, furnishings, supplemental/non-Building heating, ventilation (including exhaust) and air conditioning (which Tenant installs as part of the Tenant Improvements) (“Supplemental HVAC”), and systems and equipment therein (including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, and insta-hot dispensers), and the floor of the Building on which the Premises are located, in good order, repair and condition as received (ordinary wear and tear and casualty damage excepted) at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs (after notice from Landlord a reasonable opportunity to do so), Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Without limitation, Tenant shall be responsible for the Supplemental HVAC and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems.

Tenant Repairs. No representations, except as contained herein, have been made to the Tenant shallrespecting the condition of the Premises. The Tenant shall take good care of the Premises and shall make all repairs as and when the Landlord deems necessary, at acting reasonably, in order to preserve the Premises in good order and in good and tenantable condition. In addition, the Tenant shall reimburse the Landlord, upon demand, for the cost of any and all structural repairs or replacements necessitated or occasioned by the acts, omissions or gross negligence of the Tenant or any person claiming through or under the Tenant’s own expense, keep or any of their servants, employees, contractors, agents, visitors or licensees, or by the use or occupancy of the Premises by the Tenant or any such person. The Landlord shall not be liable for, and there shall be no abatement of Rent or other amounts payable hereunder with respect to, any injury to or interference with the Tenant's business arising from any repairs, maintenance, alteration or improvement in or to any portion of the Premises, including the Common Areas or the Building or in or to the fixtures, appurtenances or equipment therein. The Tenant hereby waives all right to make repairs at the Landlord's expense and instead, all improvements, fixturesrepairs and/or maintenance expenses incurred on the Premises shall be at the expense of the Tenant, furnishings, supplemental/non-Building heating, ventilation (including exhaust) and air conditioning (which Tenant installs shall be considered as part of the consideration for leasing the Premises. The Tenant Improvementsshall save harmless and indemnify the Landlord from and against all loss, costs, expenses, damages, claims, causes of action and actions of whatsoever nature resulting from any damage or injury done to the Building or any part thereof by the Tenant or any person who may be in or upon the Building with the Tenant's consent or at the Tenant's invitation. On the expiration or earlier termination of this Lease the Tenant shall surrender the Premises to the Landlord which, after removal of any Alterations required in accordance with the terms hereof (but only those so required) (“Supplemental HVAC”), shall be in as good condition and systems and equipment therein (including, without limitation, plumbing fixtures and equipment such in as dishwashers, garbage disposals, and insta-hot dispensers), and good a state of repair as at the floor commencement of the Building on which the Premises are locatedTerm, in good order, repair and condition as received (ordinary reasonable wear and tear and casualty damage excepted) at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs (after notice from Landlord a reasonable opportunity to do so), Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Without limitation, Tenant shall be responsible for the Supplemental HVAC and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems.

Tenant Repairs. Tenant shall, at Tenant’s own its sole expense, keep and maintain the Premises and every part thereof (except for items that Landlord is responsible for maintaining, as provided herein), including interior windows, skylights, doors, plate glass, any store fronts and the interior of the Premises, including all improvements, fixtures, furnishings, supplemental/non-Building heating, ventilation (including exhaust) and air conditioning (which Tenant installs as part of the Tenant Improvements) (“Supplemental HVAC”), and systems and equipment therein (including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, and insta-hot dispensers), and the floor of the Building on which the Premises are located, in good and sanitary order, repair condition and condition as received (ordinary repair, normal wear and tear and damage by reason of fire or other casualty damage excepted. Except for items that Landlord is responsible for maintaining as provided herein, Tenant will, also, at its sole cost keep and maintain all utilities, fixtures, plumbing and mechanical equipment used by Tenant and located within the Premises in good order and repair and furnish all expendables (light bulbs, paper goods, soaps, etc.) used in the Premises. Tenant will be responsible for routine, non-structural maintenance and repair of the roof, walls and slab of the Building, and the grounds, landscaping and parking lot at all times during the Property except as set forth to the contrary on Exhibit Q. Tenant shall also be responsible for performing the obligations and obtaining the service contracts designated as Tenant’s responsibility on Exhibit Q attached hereto and made a part hereof. Notwithstanding the foregoing, Tenant shall not be responsible for any maintenance or repairs (I) caused by Landlord’s or any Landlord Party’s negligent errors or omissions or intentional misconduct (but rather Landlord shall, subject to Section 12.01, be responsible for such maintenance or repair), (II) as a result of the failure of Landlord to perform or observe any conditions or agreements contained in this Lease Term. In addition(but rather Landlord shall, subject to Section 12.01, be responsible for such maintenance or repair), or (III) required of Landlord pursuant to Section 13.03, but in addition to its obligations above Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of LandlordSection 12.01, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs (after notice from Landlord a reasonable opportunity to do so), Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Without limitation, Tenant shall be responsible for the Supplemental HVAC and any maintenance or repairs caused by Tenant’s or any Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systemsParty’s negligent errors or omissions or intentional misconduct.

Tenant Repairs. All repairs to the Premises or any installations, equipment or facilities therein, other than those repairs required to be made by Landlord pursuant to Section 10(a) shall be made by Tenant shall, at Tenant’s own its expense, with Landlord's approval and review. Without limiting the generality of the foregoing, Tenant shall keep the interior of the Premises, including together with all improvementselectrical, fixturesplumbing and other mechanical installations that serve the Premises, furnishings, supplemental/non-Building heating, ventilation (including exhaust) and air conditioning (which Tenant installs as part whether such installations are located inside or outside of the Tenant Improvements) (“Supplemental HVAC”), and systems and equipment therein (including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, and insta-hot dispensers), and the floor of the Building on which the Premises are locatedPremises, in good order, order and repair and will make all replacements from time to time required thereto at its expense; and will surrender the Premises at the expiration of the term or at such other time as it may vacate the Premises, in as good condition as received (ordinary wear and tear and casualty damage excepted) at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenanceswhen received, except for damage depreciation caused by ordinary wear and tear or beyond tear, damage by casualty (other than damage by casualty which is caused by the reasonable control negligence of Tenant; provided however, thatits agents, at Landlord’s optionconcessionaires, officers, employees, contractors, licensees, or if invitees, or unavoidable accident or act of God). Tenant fails will not overload the electrical wiring servicing the Premises or within the Premises, and will install at its expense, subject to make such the prior written consent of Landlord, any additional electrical wiring which may be required in connection with Tenant's apparatus, occupation or use of the Premises. Any damage or injuries sustained by any person because of mechanical, electrical, or plumbing or any other equipment or installations, whose maintenance and repairs (after notice from Landlord a reasonable opportunity to do so)shall be the responsibility of Tenant, Landlord may, but need not, make such repairs and replacementsshall be paid for by Tenant, and Tenant shall pay indemnify and hold Landlord the cost thereofharmless from and against all claims, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overheadactions, general conditionsdamages, fees and liability in connection therewith, including, but not limited to, attorneys and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Without limitation, Tenant shall be responsible for the Supplemental HVAC and Tenant shall secure, pay forprofessional fees, and keep in force contracts with appropriate and reputable service companies any other costs which Landlord may reasonably approved by Landlord providing for the regular maintenance of such systemsincur.

Tenant Repairs. At Tenant’s sole cost and expense, whether or not Tenant is in occupancy of all of the Buildings, Tenant shall maintain and keep all of the Buildings on the Premises and the adjoining sidewalks, curbs and common areas and any alterations or improvements thereto, if any, clean and in good condition and repair, normal wear and tear excepted, free of accumulations of dirt, rubbish, snow and ice, and Tenant shall make all repairs and replacements, structural and non-structural, ordinary and extraordinary, foreseen and unforeseen, and shall perform all maintenance, necessary to (a) maintain the Premises and any sidewalks, curbs and common areas in good condition and repair, and (b) cause the Premises to comply with all Requirements and Applicable Laws. When used in this Section 5.2, the term “repairs” shall include all necessary additions, alterations, improvements, replacements, renewals and substitutions. Subject to the terms of Section 26.2, Tenant shall be entitled to reimbursement for any such repairs that are of a capital nature (as reasonably determined by Tenant, subject to approval by Landlord in its reasonable discretion) as CapEx Work from the existing CapEx Reserve Funds. All repairs made by or at the direction of Tenant shall be equal or greater in quality and class to the original work and shall be made in compliance with all Requirements and Applicable Laws. Landlord shall not be required to furnish any services or facilities or to maintain or make any repairs or alterations to the Premises, and Tenant hereby assumes the full and sole responsibility for the condition, operation, repair, replacement, maintenance and management of the Premises and all costs and expenses incidental thereto, including adequate security for each of the Buildings, whether or not Tenant is then occupying each of the Buildings. Tenant shall have the roofs inspected annually at Tenant’s expense and deliver copies of any inspection and maintenance reports to Landlord upon receipt. Tenant shall, at its sole cost and expense, repair, replace and maintain the roof in good condition and repair. Notwithstanding the foregoing standard of maintaining the Premises in good condition and repair, if the Requirements or any Applicable Law mandate a higher standard to be implemented, or if any higher standard if required by a Mortgagee, then Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, supplemental/non-Building heating, ventilation (including exhaust) and air conditioning (which Tenant installs as part of the Tenant Improvements) (“Supplemental HVAC”), and systems and equipment therein (including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, and insta-hot dispensers), and the floor of the Building on which be obligated to cause the Premises are located, in good order, repair and condition as received (ordinary wear and tear and casualty damage excepted) at all times during the Lease Termto comply with such higher standard. In addition, Tenant shall, at Tenant’s own expense, but under performing the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs (after notice from Landlord a reasonable opportunity to do so), Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Without limitationobligations set forth in this Section, Tenant shall be responsible for permitted to cause the Supplemental HVAC and Operating Subtenant that occupies the portion of the Premises covered by the applicable Operating Sublease to perform the obligations of Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance on behalf of such systemsTenant.

Tenant Repairs. Tenant shallTenant, at Tenant’s own its sole cost and expense, keep (a) shall maintain (without any requirement to make structural repairs, except as otherwise provided in this Lease) in good working order and condition, and shall repair promptly, the floors, columns, ceilings, interior walls, plate glass and doors of the Premises, (b) shall maintain in good working order and condition all other portions of the Premises, and the fixtures, equipment and appurtenances therein, including all improvements, fixtures, furnishings, supplemental/non-Building heating, ventilation (including exhaust) and air conditioning (which Tenant installs as part of the Tenant Improvements) (“Supplemental HVAC”), and systems and equipment therein (including, without limitation, plumbing fixtures within and equipment such as dishwashers, garbage disposalsexclusively serving the Premises that have been installed or modified in any way by or on behalf of Tenant or any other Tenant Party, and insta-hot dispensers), and the floor (c) promptly shall make all nonstructural repairs to all of the Building on which foregoing as and when needed to preserve the Premises are located(and all such fixtures, equipment and appurtenances) in good orderworking order and condition, repair and condition as received (ordinary except for reasonable wear and tear and damage by fire or other casualty if such damage exceptedis the obligation of Landlord to repair under this Lease. Furthermore, and notwithstanding anything in this Lease to the contrary, Tenant, at its sole cost and expense, shall maintain in good working order and condition, repair promptly, all devices, systems, equipment and installations (including HVAC controls), whether located inside or outside the Premises and regardless of whether such repairs are structural in nature, that were installed by or on behalf of Tenant or any other Tenant Party and which exclusively service the Premises (including the Supplemental HVAC Units, Tenant’s obligations for which are more particularly set forth in Article 17 below), and regularly service same under a maintenance agreement as may be required by applicable Requirements and as may be otherwise required to maintain such devices, systems, equipment and installations in good working order and condition. Notwithstanding anything in this Lease to the contrary, Tenant, at its sole cost and expense, shall promptly make all Alterations and repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and about the Premises and the Building, as shall be required by reason of (i) at the performance or existence of Tenant’s Work or other Alterations (which obligation shall include the making of both structural and nonstructural repairs to all times during installations and other Alterations made by Tenant or any other Tenant Party), (ii) the installation, use or operation of Tenant’s Property in the Premises, (iii) the moving of Tenant’s Property in or out of the Building, (iv) the negligence or willful act of, or omission by, Tenant or any other Tenant Party, (v) the use of any portion of the Premises for a use that is not permitted under this Lease, or (vii) a default under any of the terms, covenants or conditions in this Lease Termon Tenant’s part to observe, perform or comply with. In addition, Tenant shalland notwithstanding anything in this Lease to the contrary, Tenant, at its sole cost and expense, shall promptly make (A) all repairs that are structural in nature, to all devices, systems, equipment and installations, whether located inside or outside the Premises that are installed by or on behalf of Tenant or any other Tenant Party, (B) all repairs (both structural and nonstructural) to all modifications of Building systems or equipment outside the Premises that were made by Tenant or any other Tenant Party (but not general repairs to the Building systems except to the extent that such repairs were necessitated by the acts of Tenant or any other Tenant Party), and (C) all repairs (both structural and nonstructural) to any other portion of the Building systems or equipment outside of the Premises the repair of which is required because of any of such modifications. Notwithstanding the foregoing, to the extent that Tenant is obligated to perform any Structural Alterations or structural repairs to any portion of the Premises or other portion of the Building or is obligated to perform any Alterations or repairs outside of the Premises (including to the Building Systems or equipment outside of the Premises), Landlord, at its election, may, after ten (10) days prior written notice to Tenant (except in the event of an emergency in which no notice shall be required), perform such Alterations or repairs on Tenant’s own behalf, in which event, Tenant shall reimburse Landlord for the actual reasonable costs paid or incurred by Landlord to perform such Alterations or repairs within thirty (30) days after Landlord’s request therefor, which request shall be accompanied by a reasonably detailed description of the repairs in question and the costs thereof. In addition to Tenant’s obligation with respect to plate glass, Tenant, at its sole cost and expense, but under shall be responsible for all repairs, maintenance and replacement of interior doors, walls and wall and floor coverings, Signs, window treatments and window shades in the supervision Premises and, for the repair and maintenance of all lighting fixtures therein. All repairs made by Tenant shall be made in accordance with Article 13 of this Lease, as if such repairs were an Alteration, subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails right to make such repairs (after notice from Landlord on behalf of Tenant, as more particularly provided above. All repairs, maintenance and alterations performed by Tenant are to be performed consistent with a reasonable opportunity First Class Office Building standard. Except with respect to do so), Landlord may, but need not, make such repairs and replacements, and floors on which Tenant shall pay Landlord the cost thereof, including a percentage leases less than all of the cost thereof RSF (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overheadi.e., general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Without limitationmulti-tenanted floors), Tenant shall be responsible for at its sole cost and expense maintain and repair the Supplemental HVAC core restrooms in the Premises and Tenant shall secure, pay for, the fixtures and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systemsappurtenances contained therein.

Tenant Repairs. Tenant, during the Term of this Lease and any extension thereof, agrees to keep in good order and repair all interior portions of the Premises (including overhead doors, docks contained within the Premises and the electric operators thereof,), except such repairs as under this Lease Landlord is required to make and except repairs which are made necessary because of faulty construction and except repairs which are the obligation of Landlord under Paragraph 16 of this Lease. Tenant shallshall also provide ordinary maintenance for the plumbing and light fixtures (within the Premises) and shall replace any interior glass (not part of the outside walls) which may be damaged or broken with glass of the same quality. Tenant, at Tenant’s own cost, will be responsible for trash removal, janitorial and security for the Premises. In addition, Tenant shall (at Tenant’s cost and expense, keep but subject to the Premisesfollowing paragraph 12(c)) maintain and repair (but not insure) the items listed in Exhibit D and Exhibit E as the Landlord Equipment Inventory that are being utilized by Tenant during the Term of this Lease. Tenant shall be solely responsible for repair, including all improvements, fixtures, furnishings, supplemental/non-Building heating, ventilation (including exhaust) maintenance and air conditioning (which Tenant installs as part replacement of the Tenant Improvements) (“Supplemental HVAC”), and systems and equipment therein Tenant’s Equipment Inventory (including, without limitation, plumbing fixtures HVAC equipment previously installed by Tenant and equipment such as dishwasherswhich in the future may be installed by Tenant) and Tenant’s Furniture. During the full term of this Lease and any renewal, garbage disposals, and insta-hot dispensers), and the floor of the Building on which the Premises are located, in good order, repair and condition as received (ordinary wear and tear and casualty damage excepted) at all times during the Lease Term. In addition, Tenant shallTenant, at Tenant’s own sole cost and expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs (after notice from Landlord a reasonable opportunity to do so), Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Without limitation, Tenant shall be responsible for the Supplemental HVAC and Tenant shall secure, pay for, obtain and keep in force contracts with appropriate force, an annual maintenance contract (the “Maintenance Contract”) for service and reputable service companies reasonably approved by Landlord providing for the regular routine maintenance of such systemsthe HVAC systems and facilities serving the Premises. The Maintenance Contract shall be with a company reasonable acceptable to Landlord.

Tenant Repairs. Tenant shallagrees that during the full term of this Lease or any renewal thereof, it will, at Tenant’s its own expense, keep the Premisesinterior of the Leased Premises in good condition and shall not let the Leased Premises and equipment, including all improvementsfall out of repair, and that it will maintain the Leased Premises and equipment, and make repairs promptly as they become necessary. At commencement of this Lease, Landlord shall supply the Leased Premises with the required lamps, bulbs, ballasts, and starters, but replacements thereof shall be at Tenant's expense. Interior maintenance shall be deemed to include, but shall not be limited to, repairs or replacements required for windows, doors, floors, interior walls, ceilings, painting and decorating, and repairs to heating, air conditioning, plumbing and electrical fixtures, furnishingsand equipment. Tenant shall change the filters in the ventilation system on regular intervals. Notwithstanding, supplemental/non-Building any other provisions of this Subparagraph 16(a), Tenant shall not be obliged to: (i) make such repairs as are necessitated by fire or other perils provided for by extended coverage clauses (whether or not caused by the active or passive negligence of the Tenant) for which damage or loss insurance is carried by the Landlord; or (ii) pay more than $1,500 toward the cost of any single replacement, except for damages caused by Tenant's negligence or willful misconduct, for which Tenant shall pay the entire cost. Landlord covenants and agrees that all equipment on the Leased Premises shall be in good working order on the Commencement Date and for a period of eighteen (18) months thereafter, except for damage, repairs, or replacements incurred or necessitated due to Tenant's failure to maintain such equipment and systems in accordance with the terms of this Lease Agreement or resulting from Tenant's extraordinary use of the Leased Premises. Tenant shall at all times after the commencement of Tenant's business operations at the Demised Premises maintain, at Tenant's sole cost and expense, a service contract with a reputable heating, ventilation (including exhaust) ventilating and air conditioning (which Tenant installs as part of the Tenant Improvements) (“Supplemental HVAC”), service and systems and equipment therein (including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, and insta-hot dispensers), and the floor of the Building on which the Premises are located, in good order, repair and condition as received (ordinary wear and tear and casualty damage excepted) at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs (after notice from Landlord a reasonable opportunity to do so), Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Without limitation, Tenant shall be responsible for the Supplemental HVAC and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably firm approved by Landlord providing for the regular maintenance provision of such systemsservice and repairs to the Demised Premises, which shall provide that such contract may not be canceled, materially changed or not renewed without at least thirty (30) days advance written notice to Landlord at the address and in the manner set forth in Section 25 hereof. A copy of such contract shall be deposited with Landlord by Tenant promptly upon commencement of Tenant's obligation to procure same, and a copy of each replacement thereof shall be deposited with Landlord promptly upon Tenant's execution of same.