Maintenance, Repair and Replacement Clause Samples
The Maintenance, Repair and Replacement clause outlines the responsibilities of the parties regarding the upkeep, fixing, and substitution of property or equipment covered by the agreement. Typically, it specifies which party is responsible for routine maintenance, who must handle repairs due to damage or wear, and under what circumstances items must be replaced, such as when they become obsolete or irreparably damaged. This clause ensures that the property remains in good working condition throughout the contract term and clarifies obligations to prevent disputes over maintenance and repair costs.
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Maintenance, Repair and Replacement. The Landlord shall operate, maintain, repair and replace the systems, facilities and equipment necessary for the proper operation of the Building and for provision of the Landlord’s services under sections 7.3 and 7.4 (except such as may be installed by or be the property of the Tenant), and shall be responsible for and shall expeditiously maintain and repair the foundations, structure and roof of the Building provided that:
(a) if all or part of such systems, facilities and equipment are destroyed, damaged or impaired, the Landlord shall have a reasonable time in which to complete the necessary repair or replacement, and during that time shall be required only to maintain such services as are reasonably possible in the circumstances;
(b) the Landlord may temporarily discontinue such services or any of them at such times as may be necessary due to causes beyond the reasonable control of the Landlord;
(c) the Landlord shall use reasonable diligence in carrying out its obligations under this section 7.5, but shall not be liable under any circumstances for any consequential damage to any Person or property for any failure to do so;
(d) no reduction or discontinuance of such services under this section 7.5(a) or (b) shall be construed as an eviction of the Tenant or (except as specifically provided in this Lease) release the Tenant from any obligation of the Tenant under this Lease; and
(e) nothing contained herein shall derogate from the provisions of Article 17.
Maintenance, Repair and Replacement. (a) Landlord shall operate, maintain, repair and replace the systems, facilities and equipment necessary for the proper operation of the Building and for provision of Landlord’s services under Article 2(A)1) and 2) above and shall maintain and repair the foundations, structure and roof of the Building and repair damage to the Building which Landlord is obligated to insure against under this Lease.
Maintenance, Repair and Replacement. Subject to the provisions of Article 10.00 and payment by the Tenant of Rent, the Landlord shall operate, maintain, repair and replace the systems, facilities and equipment necessary for the proper operation of the Project and for provision of the Landlord's Services set out in Section 6.02 (except as may be installed by or be the property of the Tenant) and shall maintain and repair the foundations, structure and roof of the Building and repair damage to the Building which the Landlord is obligated to insure against under Article 9.00, provided that:
(a) if and so long as all or part of the systems, facilities and equipment in the Project or the supply of utilities to the Project are destroyed, damaged or interrupted, the Landlord shall have a reasonable time within which to complete any necessary repair or replacement and, during that time, shall only be required to maintain such Services as are reasonably possible in the circumstances;
(b) the Landlord may temporarily discontinue such Services or any of them at such times as may reasonably be necessary;
(c) the Landlord shall use reasonable diligence in carrying out its obligations under this Section 6.03, but shall not be liable under any circumstances for any consequential damages, whether direct or indirect, to any Person or property resulting from any failure to do so;
(d) no reduction or discontinuance of Services under this Section 6.03 shall be construed as a breach of the Landlord's covenant for quiet enjoyment or as an eviction of the Tenant or, except as specifically provided otherwise in this Lease, release the Tenant from any obligation under this Lease;
(e) the Landlord shall not be liable under any circumstances for any damage caused by interruption or failure of any satellite, telecommunications system, utility, wiring, elevator or escalator;
(f) the Landlord shall have no responsibility for any inadequacy of performance of any systems within the Leased Premises if the Leased Premises or the use thereof depart from the design criteria for such systems as established by the Landlord for the Building; and
(g) nothing contained herein shall derogate from the provisions of Article 10.00.
Maintenance, Repair and Replacement. Throughout the Term of this Lease, as part of the consideration for the rental of the Property, all repair and maintenance of the Property shall be the responsibility of the District, and the District shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Property resulting from ordinary wear and tear or want of care on the part of the District or any sublessee thereof. In exchange for the Lease Payments herein provided, the Lessor agrees to provide only the Property, as hereinbefore more specifically set forth. The District waives the benefits of subsections 1 and 2 of Civil Code Section 1932, but such waiver shall not limit any of the rights of the District under the terms of this Lease.
Maintenance, Repair and Replacement. Tenant shall keep all such Fixtures in good order and shall maintain, repair and replace the same when necessary with items at least equal in utility to the Fixtures being replaced, provided however, that Tenant will not be required to maintain, repair and replace any Fixtures which performed a function which has become obsolete or otherwise is no longer necessary or desirable in connection with the use or operation of the Premises, unless such failure to replace would reduce the value of the Premises or would result in a reduced level of maintenance of the Premises, in which case Tenant shall be required to install such Fixtures as may be necessary to prevent such reduction in the value of the Premises or in the level of maintenance.
Maintenance, Repair and Replacement. Until Final Acceptance, Developer shall warrant the Public Improvements. Developer shall promptly perform all maintenance and make all repairs and replacements of all defects or failures of the Public Improvements at Developer’s expense and shall ensure that the installed landscaping is established. If, within ten (10) days after ▇▇▇▇▇▇▇▇▇’s receipt of written notice from the Town requesting such maintenance, repairs or replacements, Developer shall not have undertaken with due diligence to make the same, the Town may make such maintenance, repairs or replacements at Developer’s expense and shall be entitled to draw upon the Maintenance Guarantee, either before undertaking to make such repairs or at any time thereafter, or the Town may charge Developer for the costs thereof. In case of emergency, as determined by the Town, such written notice shall be deemed waived and the Town may proceed as it deems necessary at the expense of Developer or the issuers of the Maintenance Guarantee. Notwithstanding the foregoing, the Town may, at its discretion and upon written advisement to Developer, be responsible for routine maintenance of the Public Improvements (street sweeping, snow removal, etc.).
Maintenance, Repair and Replacement. Throughout the Term of this Lease, as part of the consideration for the rental of the Leased Property, all repair and maintenance of the Leased Property shall be the responsibility of the Lessee, and the Lessee shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property excepting ordinary wear and tear, and the Lessee hereby covenants and agrees that it will comply with all vendors’ and manufacturers’ maintenance and warranty requirements pertaining to the Leased Property. In exchange for the Lease Payments herein provided, the Bank agrees to provide only the Leased Property, as hereinbefore more specifically set forth.
Maintenance, Repair and Replacement. The Applicant shall bear all costs and responsibility for the proper and professional installation, maintenance, repair and replacement of the Improvement, which shall be kept in a good and safe condition at all times.
Maintenance, Repair and Replacement. The Tenant covenants, at its sole cost, to maintain, repair and replace the Demised Premises including all buildings and structures, fixtures and improvements thereon (including, without limitation the Hangar) in a clean and first-class condition, and not to cause or permit to be located on the Demised Premises:
a) Storage of rubbish, refuse, debris or other objectionable material;
b) Storage of inflammable or explosive substances; and
c) Fuels, other than fuel tanks internal to the stored aircraft.
d) Any fuel or substance related to aircraft repair or maintenance in unapproved containers or in any quantity in excess of 5 gallons.
Maintenance, Repair and Replacement. During the term specified in the Contract, Lessor shall maintain, repair, and replace the Leased Property to the extent necessary to keep such property available to Lessee in good condition satisfactory for continuous and efficient use for the purpose for which it was designed and for all additional uses and requirements set forth in the Contract.