Common use of Duties of Tenant Clause in Contracts

Duties of Tenant. Tenant shall maintain and repair: (a) any fences Tenant constructs surrounding the Leased Premises; (b) the Communications Facility including the Tower; and (c) all other improvements installed or constructed on the Leased Premises by ▇▇▇▇▇▇, including landscaping. Tenant shall enter into a maintenance contract to perform regularly scheduled maintenance of the Leased Premises. Landlord acknowledges that it has no interest in the Tower, the Communications Facility, or any of the property which is stored or erected or to be erected on the Leased Premises by Tenant or any licensees or lessees of Tenant (collectively, the “Personal Property”), and Landlord shall not be responsible for the repair, maintenance, and security of the Personal Property during the Lease Term. On or before the date that is one hundred eighty (180) days prior to the expiration or last day of the Lease Term, Landlord shall notify Tenant of its election to have Tenant either (a) remove any part or all of the Communications Facility and its associated fixtures and appurtenances, including underground portions thereof (up to a 4’ depth), from the Leased Premises and restore the site to its original condition to the extent reasonably practical in accordance with industry standards, or (b) have the Communications Facility including any Tower or other structure remain on the Leased Premises. If Landlord fails to notify Tenant of its election on or before the date that is one hundred eighty (180) days prior to the expiration or last day of the Lease Term, then Landlord shall be deemed to have elected option (a). If Landlord elects (or is deemed to have elected) option (a), Tenant shall, prior to the expiration or last day of the Lease Term, remove the Communications Facility and its associated fixtures and appurtenances, including underground portions thereof (up to a 4’ depth), from the Leased Premises and restore the site to its original condition to the extent reasonably practical in accordance with industry standards. If Tenant fails to remove the Communications Facility prior to the expiration or last day of the Lease Term, and such failure continues for sixty (60) days after ▇▇▇▇▇▇’s receipt of Landlord’s written notice of such failure, then Landlord shall have the right to remove the Communications Facility in accordance with the requirements hereof, Landlord’s costs of which shall be paid by Tenant to Landlord within thirty (30) days of Tenant’s receipt of Landlord’s invoice (which shall be accompanied by supporting documentation). If Landlord timely elects option (b), then, upon termination or expiration of this Agreement, title to the Communications Facility on the Leased Premises shall vest in Landlord, without the need for additional action by Landlord or Tenant, and Landlord agrees to assume all responsibility and liability for the Communications Facility and any damages or claims related thereto arising from and after the date of title vesting in Landlord. Notwithstanding the foregoing, ▇▇▇▇▇▇ shall execute and deliver such further assurances thereof as reasonably requested by Landlord to effectuate such transfer of title. Within six (6) months following the Commencement Date Tenant shall obtain and deliver to Landlord a letter of credit, bond, or such other security as determined by Tenant and reasonably satisfactory to Landlord (the “Security”), in an amount equal to the estimated cost of performing Tenant’s obligation to remove the Communications Facility and restore the Property under this Paragraph 11, minus the salvage value thereof (the “Property Restoration Amount”), and once issued, Tenant covenants that the Security shall not lapse during the pendency of this Agreement. The Property Restoration Amount will be determined by an independent engineer or appraiser selected by Tenant and reasonably acceptable to Landlord. Any costs or expenses relating to the determination of the Property Restoration Amount will be paid by ▇▇▇▇▇▇.

Duties of Tenant. Tenant shall maintain and repair: (a) any fences Tenant constructs surrounding the Leased Premises; (b) the Communications Facility including the Tower; and (c) all other improvements installed or constructed on the Leased Premises by ▇▇▇▇▇▇, including landscapingTenant. Tenant shall enter into not affix to its Communications Facility nor display upon the Property any sign that would constitute an advertisement. Notwithstanding the foregoing, Tenant shall post a maintenance contract to perform regularly scheduled maintenance sign approved by Landlord displaying an emergency telephone number for the purpose of the Leased Premisescontacting Tenant or Tenant's agents. Landlord acknowledges that it has no interest in the Tower, the Communications Facility, or any of the property which is stored or erected or to be erected on the Leased Premises by Tenant or any licensees or lessees of Tenant (collectively, the “Personal Property”), and Landlord shall not be responsible for the repair, maintenance, and security of the Personal Property during the Lease Term. On or before the date that is Within one hundred eighty (180) days prior to the expiration or last day end of the Lease Term, Landlord shall notify Tenant of its election to have Tenant either (a) remove any part or all of the Communications Facility and its associated fixtures and appurtenances, including underground portions thereof (up to a 4’ depth), from the Leased Premises and restore the site to its original condition to the extent reasonably practical in accordance with industry standardscondition, reasonable wear and tear excepted, (except any conduits and utility lines and any other improvements which are 2 feet or more below grade), or (b) have the Communications Facility including any Tower or other structure remain on the Leased Premises. If Landlord fails to notify Tenant of its make such an election on or before the date that is one hundred eighty (180) days prior to the expiration or last day end of the Lease Term, then Landlord it shall be deemed to have elected option (a). If Landlord elects (or is deemed to have elected) option (a), Tenant shall, prior to shall within one hundred-twenty (120) days following the expiration or last day end of the Lease Term, remove such portions or all of the Communications Facility and its associated fixtures and appurtenances, including underground portions thereof (up to a 4’ depth), from the Leased Premises Premises, as directed, at Tenant’s sole cost and restore the site expense; provided, however, that Tenant shall be entitled to its original condition to the extent reasonably practical leave in accordance with industry standardsplace any conduits, concrete, utility lines and any other improvements which are 2 feet or more below grade. If Tenant fails to remove the Communications Facility prior to the expiration or last day of the Lease Term, and such failure continues for sixty (60) days after ▇▇▇▇▇▇’s receipt of Landlord’s written notice of such failure, then Landlord shall have the right to remove the Communications Facility in accordance with the requirements hereof, Landlord’s costs of which shall be paid by Tenant to Landlord within thirty (30) days of Tenant’s receipt of Landlord’s invoice (which shall be accompanied by supporting documentation). If Landlord timely elects option (b), then, upon termination or expiration of this Agreement, title to the Communications Facility on the Leased Premises shall vest in Landlord, without the need for additional action by Landlord or Tenant, and Landlord agrees to assume all responsibility and liability for the Communications Facility and any damages or claims related thereto arising from and after the date of title vesting in Landlord. Notwithstanding the foregoing, ▇▇▇▇▇▇ Tenant shall execute and deliver such further assurances thereof as reasonably requested by Landlord to effectuate such transfer of title. Within six (6) months following the Commencement Date Tenant shall obtain and deliver to Landlord a letter of credit, bond, or such other security as determined by Tenant and reasonably satisfactory to Landlord (the “Security”), in an amount equal to the estimated cost of performing Tenant’s obligation to remove the Communications Facility and restore the Property under this Paragraph 11, minus the salvage value thereof (the “Property Restoration Amount”), and once issued, Tenant covenants that the Security shall not lapse during the pendency of this Agreement. The Property Restoration Amount will be determined by an independent engineer or appraiser selected by Tenant and reasonably acceptable to Landlord. Any costs or expenses relating to the determination of the Property Restoration Amount will be paid by ▇▇▇▇▇▇.