Maintenance and Repair Contract Clauses (181)

Maintenance and Repair. (a) Landlord shall make all repairs and replacements to the foundation, the bearing walls, the structural columns and beams, the exterior walls, the exterior windows, the roof (excluding any rooftop antennas or other telecommunications facilities permitted to be maintained by Tenant on the roof of the Building, if any, pursuant to the terms of this Lease), the service elevator, the common portions of the Building interior and the Building HVAC, electric, sanitary, and other systems serving the P...remises, and the Common Areas of the Project to keep the same in good working order and condition; provided, however, that if such repairs and replacements are necessitated by the intentional acts or negligence of Tenant or Tenant's Agents, then Tenant shall reimburse Landlord, upon demand, for the reasonable cost thereof. (b) Subject to Section 7(a), Tenant shall take such action as may be reasonably necessary or appropriate to keep and maintain the Premises in at least the 15 same order and condition as delivered to Tenant on the Commencement Date (except for ordinary wear and tear and damage from casualty or condemnation). Tenant acknowledges and agrees that all maintenance and repairs not required to be made by Landlord pursuant to Section 7(a) hereof, shall be made at the sole cost and expense of Tenant. Except as expressly provided in this Lease, Landlord shall not be obligated in any way to maintain, alter or repair the Premises. Notice is hereby given that, except with respect to repairs or restoration undertaken by Landlord, Landlord will not be liable for any labor, services or materials furnished or to be furnished to Tenant, or to anyone holding the Premises or any part thereof through or under Tenant, and that no mechanics' or other liens for any such labor or materials shall attach to or affect the interest of Landlord in and to the Building. (c) All maintenance and repair performed by, on behalf of or for the account of Tenant (i) shall not, individually or in the aggregate or adversely affect the Building, (ii) shall be completed expeditiously in a good and workmanlike manner, and in compliance with all applicable Laws, (iii) shall be completed free and clear of all liens and (iv) shall be performed by contractors reasonably approved by Landlord. View More

Maintenance and Repair. 12.1 Landlord's Obligations. Landlord will provide snowplowing, landscaping, and cause to be repaired and maintained the exterior and interior Common Area of the Project, the elevators, the roof, floor and load-bearing and exterior walls and glass of the Building (but not the interior surfaces, and Tenant will be responsible if it breaks the glass), the floor slab, the foundation, the steel frame of the Building, gutters, and downspouts, the common base-building life-safety system, the common ba...se-building HVAC Systems and Equipment (not including any dedicated heat pump(s) or other portions of the HVAC Systems and Equipment dedicated solely to the Premises), the common base-building electrical Systems and Equipment up to but not beyond the bus duct tap, and the common base-building plumbing Systems and Equipment up to and including, but not beyond, the main vertical risers, and the sanitary sewer and water lines outside of the footprint of toe Premises, but specifically excluding any supplemental or additional electrical, plumbing or other Systems and Equipment that are above base-building standard or involve special Tenant requirements or equipment, all of which will be Tenant's responsibility to repair and maintain (e.g., computer-room electrical or HVAC systems, audio/visual, computer, data or telecommunications systems, special security systems, interior bathrooms, kitchens and kitchen appliances, etc.). However, Tenant will be responsible for all repairs and maintenance resulting from Tenant's Alterations or the negligent or intentional acts or omissions of Tenant or its Affiliates. Landlord will make its repairs in a good and workmanlike manner and in compliance with applicable Laws, and within a reasonable time following Tenant's notification that the repairs are required, and Landlord will attempt in good faith not to distort) the conduct of Tenant's business more than is reasonably necessary under the circumstances. Landlord's obligations are subject to the provisions of Articles 16 and 17 and the rest of this Lease. 12.2 Tenant's Obligations. Except for Landlord's obligations in Section 12.1, Tenant will clean, maintain and repair the Premises and the Systems and Equipment dedicated solely to the Premises, and keep the Premises in good order and condition, including, without limitation, Tenant's Property, all doors, window treatments, wall coverings, floor coverings, non-structural portions of the ceiling, floor and walls, and Tenant's Alterations (unless otherwise requested by Landlord). Tenant also will be responsible for repairing and maintaining: any heat pump(s) and any other portion of the HVAC Systems and Equipment that are dedicated solely to the Premises. Tenant will maintain a maintenance contract with one or more licensed contractors reasonably approved by Landlord to provide for the periodic maintenance and repair of these items. At Landlord's written election, and on at least fifteen (15) days' prior notice (although Landlord will not be required to give any prior notice if it believes in good faith that there is an emergency), if Tenant fails to perform periodic -10- maintenance as required, in addition to any other rights and remedies, on prior written notice to Tenant Landlord may engage the contractor(s) and bill and collect from Tenant the reasonable cost thereof. Tenant will make its repairs in a good and workmanlike manner and in compliance with applicable Laws. Tenant's obligations are subject to the provisions of Articles 16 and 17 and the rest of this Lease. View More

Maintenance and Repair. (a) Landlord shall Maintain the: (i) Building footings, foundations, structural steel columns and girders at Landlord's sole expense; (ii) Building roof and exterior walls; (iii) Building Systems; and (iv) Common Areas. Costs incurred by Landlord under the foregoing subsections (ii), (iii) and (iv) may be included in Operating Expenses, provided that to the extent any heating, ventilation and air conditioning system, or other Building System, equipment or fixture exclusively serves the Premises,... Landlord may elect either to Maintain the same at Tenant's sole expense and bill Tenant directly or by notice to Tenant require Tenant to Maintain the same at Tenant's expense. If Tenant becomes aware of any condition that is Landlord's responsibility to repair, Tenant shall promptly notify Landlord of the condition. Moreover, regardless of who bears responsibility for repair, Tenant shall immediately notify Landlord if Tenant becomes aware of any areas of water intrusion or mold growth in or about the Premises. (b) Except as provided in subsection (a) above, Tenant at its sole expense shall Maintain the Premises and all fixtures and equipment in the Premises. All repairs and replacements by Tenant shall utilize materials and equipment which are comparable to those originally used in constructing the Building and Premises. Alterations, repairs and replacements to the Property, including the Premises, made necessary because of Tenant's Alterations or installations, any use or circumstances special or particular to Tenant, or any act or omission of Tenant or its Agents shall be made by Landlord or Tenant as set forth above, but at the sole expense of Tenant to the extent not covered by any applicable insurance proceeds paid to Landlord. View More

Maintenance and Repair. 7.1 Tenant's Obligations. Except for Landlord' s obligations specifically set forth in this Lease, Tenant shall, at Tenant's sole expense, keep the Premises and every part thereof clean and in good condition and repair and Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof. Subject to the provisions of Sections 9 and 10 below, Tenant shall reimburse Landlord for all repairs to the Building or any other portion of the Premises ...which are required as a result of any misuse or neglect of the same by Tenant or any of its officers, agents, employees. contractors, licensees or invitees while in or about the Premises, the Building or any other part of the Project. Notwithstanding the foregoing, 4 if Tenant fails to diligently complete any repairs for which Tenant is responsible under this Lease within thirty (30) days after notice from the Landlord, Landlord may, at Landlord's sole discretion, complete such repairs and Tenant shall promptly reimburse Landlord for any and all costs associated therewith. 7.2 Landlord's Obligations. Subject to Section 10 of this Lease, Landlord shall repair and maintain with reasonable diligence after written notice thereof from Tenant, defects in, and damage to, the Building's roof and structural systems installed by Landlord and serving or located on the Premises. If such maintenance and repair is required in part or in whole by the act, neglect, misuse, fault or omission of any duty of Tenant, its agents, employees, contractors, licensees or invitees, Tenant shall pay to Landlord the cost of such maintenance and repairs. Except as provided in Article 12 hereof, there shall be no abatement of rent with respect to, and Landlord shall not be liable for and Tenant shall hold Landlord harmless from, 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 Building, or in or to the fixtures (and any items in connection therewith), appurtenances and equipment therein. As a material inducement to Landlord entering into this Lease, except as otherwise provided by Nevada law, Tenant waives and releases its right to make repairs at Landlord's expense. View More

Maintenance and Repair. At all times during the Sub-Sublease Term, Sub-Subtenant, at its sole cost, will maintain the Sublease Premises and every part thereof and all equipment, fixtures and improvements therein in good condition and repair to the extent required under the Sublease. At the end of the Term, Sub-Subtenant will surrender the Sublease Premises in as good condition as when received, reasonable wear and tear excepted and shall be 7 responsible for the removal of any Specialty Alterations (as defined in the P...rimes Lease) that are made by or at the request of Sub-Subtenant after the Commencement Date and for the repair and restoration of the Sublease Premises as a result of the removal of any such Specialty Alterations. Sub-Subtenant will be responsible for all repairs required to be performed by the Subtenant under the Sublease during the Term of this Sub-Sublease with respect to the Sublease Premises. Cleaning services shall be included in the Base Rent and provided in accordance with the Prime. Lease. View More

Maintenance and Repair. (a) Tenant shall, at its own cost and expense, maintain in good condition and repair and replace as necessary the Premises, including, but not limited to, the HVAC Systems, glass, windows and -5- LEGAL02/32900769v10 doors, all plumbing and sewage systems, fixtures, interior walls, floors (including floor slab), dock areas, dock ramps, ceilings, storefronts, plate glass, skylights, all electrical facilities and equipment (including, without limitation, lighting fixtures, lamps, fans and any exhau...st equipment and systems and electrical motors), and all other appliances and equipment (including, without limitation, dock levelers, dock shelters, dock seals and dock lighting) of every kind and nature located in, upon or about the Premises, except as to such maintenance, repair and replacement as is the obligation of Landlord pursuant to Section 8(b). During the Term, Tenant shall maintain in full force and effect a service contract for the maintenance of the HVAC Systems with an entity reasonably acceptable to Landlord; provided, however, that for new HVAC Systems, during the one year period following the Lease Commencement Date, such service contract shall be maintained with the contractor that installed the HVAC Systems and shall provide for at least two preventive maintenance service calls during such one year period. Tenant shall deliver to Landlord (i) a copy of said service contract prior to the Lease Commencement Date, and (ii) thereafter, a copy of a renewal or substitute service contract within thirty (30) days prior to the expiration of the existing service contract. If Tenant fails to carry such service contract, Landlord shall have the option to enter into such service contract for and on behalf of Tenant and Tenant shall reimburse Landlord, as Additional Rent, all of Landlord's reasonable costs incurred in connection with such service contract, as well as Landlord's actual costs of repair and maintenance of the HVAC Systems together with an administrative fee payable to Landlord (or, at Landlord's election, to a Landlord's Affiliate designated by Landlord) equal to 5% of the amount of the service contract and any associated repairs. Tenant's obligation shall exclude any maintenance, repair or replacement required because of the negligence or willful misconduct of Landlord or Landlord's Affiliates, which shall be the responsibility of Landlord. (b) (i) Landlord shall, at its own cost and expense, (1) maintain in good condition and repair the foundation (beneath the floor slab) and structural frame of the Building (i.e. steel columns, bar joists and girders, and concrete wall panels (excluding painting and caulking) and (2) replace the roof and roof drainage systems. Landlord's obligation shall exclude the cost of any maintenance or repair required because of the act or negligence of Tenant or any of Tenant's Affiliates, the cost of which shall be the responsibility of Tenant. (ii) Landlord shall maintain the Building Common Area (including, but not limited to, the roof and roof drainage systems), subject to Tenant's obligation to pay Tenant's Percentage Share of Operating Expenses pursuant to Section 6. Except as required by this Section 8(b) or as otherwise specifically provided for in this Lease, Landlord shall be responsible for no other services whatsoever. Landlord shall never have any obligation to repair, maintain or replace any Tenant Alteration. (c) Unless the same is caused solely by the gross negligence or willful misconduct of Landlord or Landlord's Affiliates (and is not covered by the insurance required to be carried by Tenant pursuant to the terms of this Lease), Landlord shall not be liable to Tenant or to any other person for any damage (1) occasioned by failure in any utility system or by the bursting or leaking of any vessel or pipe in or about the Premises, (2) occasioned by water coming into the Premises or (3) arising from the acts or negligence of occupants of adjacent property or the public. View More

Maintenance and Repair. The Borrower shall maintain the Equipment, Inventory and Fixtures, and every portion thereof, in good condition, repair and working order, reasonable wear and tear alone excepted, and shall pay and discharge all taxes, levies and other impositions 8 Vynleads, Inc. Security Agreement assessed or levied thereon as well as the cost of repairs to or maintenance of the same. If the Borrower fails to do so, the Lender may (but shall not be obligated to) pay the cost of such repairs or maintenance and ...such taxes, levies or impositions for the account of the Borrower and add the amount of such payments to the Note. View More

Maintenance and Repair. Tenant shall, at its sole cost and expense, maintain the Premises, including, but not limited to the track, silos and other infrastructure and equipment, in a good and serviceable state of repair and condition, reasonable evidence of which has been provided to Landlord. Landlord will not be responsible to make any other foreseen or unforeseen, or ordinary or extraordinary changes or repairs which may be required to keep the 3 Premises in good (or any other) repair and condition; or in compliance... with any applicable laws except as may otherwise be expressly provided herein. Except as expressly provided herein, Landlord shall not be required to maintain, repair or rebuild the improvements on the Premises or maintain the Premises. If Landlord does not perform the repairs, maintenance and replacements required pursuant to this Lease within thirty (30) days after receipt of written notice from Tenant; provided, however, that if any such repairs cannot be reasonably performed with said thirty (30) day period by the exercise of due diligence by Landlord, then the same shall not give rise to Tenant's right to perform such repairs hereunder if within said thirty (30) day period Landlord commences the performance of such repairs and diligently prosecutes the same to completion, then Tenant shall have the right, but not the duty, to do said repairs, maintenance and replacements on behalf of Landlord and Tenant may offset the cost thereof, plus ten (10%) percent for overhead, against the Rent. View More

Maintenance and Repair. Landlord will have the responsibility to maintain the Property in good repair at all times and perform all repairs necessary to satisfy any implied warranty of habitability. Except in an emergency, all maintenance and repair requests must be made in writing and delivered to Landlord or property manager. A repair request will be deemed permission for the Landlord or property manager to enter the Property to perform such maintenance or repairs in accordance with this Agreement unless otherwise spe...cifically requested, in writing, by Tenant. Tenant may not place any unreasonable restrictions upon Landlord or property manager's access or entry. Landlord will have expectation that the Property is in a safe and habitable condition upon entry. View More

Maintenance and Repair. (a) Landlord shall Maintain the Building, including the Premises, the Common Areas, the Building Systems and any other improvements owned by Landlord located on the Property. If Tenant becomes aware of any condition that is Landlord's responsibility to Maintain, Tenant shall promptly notify Landlord of the condition. 6 (b) Tenant at its sole expense shall keep the Premises in a neat and orderly condition and Maintain the property of Tenant and any Alterations made by Tenant. Alterations, repairs... and replacements to the Property, including the Premises, made necessary because of Tenant's Alterations or installations, any use or circumstances special or particular to Tenant, or any act or omission of Tenant or its Agents shall be made at the sole expense of Tenant to the extent not covered by any applicable insurance proceeds paid to Landlord; provided, however, that the maximum amount of Tenant's liability for loss or damage to property under this provision shall not exceed the deductible amount under any policy of property insurance maintained by Landlord covering the Property. View More