Common use of Repairs and Replacements Clause in Contracts

Repairs and Replacements. The Tenant shall at its own cost repair, replace, maintain and keep the Leased Premises and every part thereof, including without limitation the Leasehold Improvements and the heating, ventilating and air conditioning equipment serving the Building, fixtures and furnishings (whether or not installed or furnished by the Tenant), in good and substantial repair and condition as a prudent owner would do, reasonable wear and tear and repairs and replacements to the Structure only excepted (provided that there shall be no exception for damage caused by the negligent act or omission of the Tenant or anyone for whom it is in law responsible). For clarity, it is acknowledged that the Tenant shall be responsible for maintenance of the Structure, but not for repairs or replacements to the structure, except to the extent necessary as a result of any act or omission of the Tenant, its employees, agents, suppliers or invitees, including, without limitation, failure to properly maintain the Structure. The Landlord shall be responsible for Structural repairs and replacements (except the extent previously set forth) and the Tenant shall pay to the Landlord, upon demand, the cost of such repairs and replacements made by the Landlord, provided that for repairs and replacements to the Structure that are capital in nature, as determined by the Landlord, in accordance with generally acceptable accounting principles, the Landlord shall amortize such costs (plus interest on the unamortized portion of such costs at the rate of Prime plus 5% per annum), over the useful life of the relevant repair or replacement on a straight-line basis and the Tenant shall only be required to pay the portion of such cost as is amortized over the remainder of the Term (and any extensions or renewals thereof), to be paid by annual instalments. By way of example, in the event of a capital repair costing $20,000 with a useful life of 10 years, the Tenant would be required to pay $2,000 (plus interest) each year as its contribution, until the expiration of the Lease as may be extended or renewed, or until the full amortization and payment to the Landlord of such amount, whichever is earlier. The Tenant agrees that the Landlord may enter for the purpose of making Structural repairs and/or replacements as may be required, and may enter to view the state of repair and condition and that the Tenant shall repair in accordance with notice in writing from the Landlord; provided that if the Tenant neglects to so maintain or to make such repairs or replacements promptly after notice, the Landlord may, at its option, do such maintenance or make such repairs or replacements at the expense of the Tenant, and in any and every such case the Tenant covenants with the Landlord to pay to the Landlord forthwith as Additional Rent all sums which the Landlord may have expended in doing such maintenance and making such repairs and/or replacements, together with an administration fee of 15% of the cost of such repairs and/or replacements; provided further that the doing of such maintenance or the making of any such repairs or replacements by the Landlord shall not relieve the Tenant from its obligation to maintain, repair and replace. The Tenant shall provide the Landlord with notice of all accidents, or any material damage or defect to the Leased Premises or on the Project of which the Tenant is aware.

Repairs and Replacements. The Tenant Landlord, at Landlord's expense, shall at its own cost repair, replace, maintain and keep in good condition the Leased Premises and every part thereofBuilding, including without limitation the Leasehold Improvements foundation, exterior walls, roof, roof membrane and the heating, ventilating and air conditioning equipment serving roof covering of the Building, fixtures sprinkler system in or serving the Premises and/or the Building, the HVAC system, and furnishings (whether plumbing, electric and other utility lines servicing the Building or not installed or furnished by connecting the Tenant)Premises and the Building, in good and substantial repair and condition as a prudent owner would do, reasonable wear and tear and repairs and replacements except for damage to the Structure only excepted Premises or Building (provided that there shall be no exception for damage including the parts thereof specified above) caused by the negligent act acts or omission omissions of the Tenant or anyone for whom it is in law responsible). For clarity, it is acknowledged that the Tenant shall be responsible for maintenance of the Structure, but not for repairs or replacements to the structure, except to the extent necessary as a result of any act or omission of the Tenant, its Tenant's agents, employees, agentscontractors, suppliers guests or invitees, includingin which event Tenant, without limitation, failure to properly maintain the Structure. The Landlord shall be responsible for Structural repairs and replacements (except the extent previously set forth) and the Tenant shall pay subject to the Landlordprovisions of Section 19.2 hereof, upon demand, will bear the cost of such maintenance or repair. Tenant, at Tenant's expense, shall at all times keep the Premises in a clean, safe and tenantable condition and in first class order, repair and appearance and Landlord shall have the right to approve the means and methods employed in performance of such work. If Tenant does not do so Landlord may (but need not) restore the Premises to a clean, safe and tenantable condition, and Tenant shall pay the cost thereof forthwith upon being billed by Landlord. This Section shall not apply to damage or destruction and condemnation proceedings otherwise provided for in this Lease. In the event emergency repairs are required within the Premises and replacements made by Tenant is unable to contact Landlord after diligent and persistent efforts so to do and Landlord is otherwise unaware of such emergency, Tenant may perform Landlord's repair obligations within the Landlord, provided that for Premises as set forth herein. Such repairs shall be performed in a good and replacements workmanlike manner using materials of a quality comparable to the Structure that are capital materials used in nature, as determined by the Landlord, in accordance with generally acceptable accounting principles, construction of the Landlord shall amortize such costs (plus interest on Premises and the unamortized portion Building generally. During the performance of such costs at the rate of Prime plus 5% per annumrepairs (and thereafter, until Tenant is able to contact Landlord), over the useful life of the relevant repair or replacement on a straight-line basis and the Tenant shall only be required endeavor to pay the portion of such cost as is amortized over the remainder of the Term (and any extensions or renewals thereof), to be paid by annual instalments. By way of example, in the event of a capital repair costing $20,000 with a useful life of 10 years, the notify Landlord that Tenant would be required to pay $2,000 (plus interest) each year as its contribution, until the expiration of the Lease as may be extended or renewed, or until the full amortization and payment to the Landlord of such amount, whichever is earlier. The Tenant agrees that the Landlord may enter for the purpose of making Structural repairs and/or replacements as may be required, and may enter to view the state of repair and condition and that the Tenant shall repair in accordance with notice in writing from the Landlord; provided that if the Tenant neglects to so maintain or has undertaken to make such repairs or replacements promptly after notice, on Landlord's behalf and Landlord shall have the Landlord may, at its option, do such maintenance or make such repairs or replacements at right to assume the expense of the Tenant, and in any and every such case the Tenant covenants with the Landlord to pay to the Landlord forthwith as Additional Rent all sums which the Landlord may have expended in doing such maintenance and making such repairs and/or replacements, together with an administration fee of 15% of the cost performance of such repairs and/or replacements; provided further that the doing of such maintenance or the making of at any time. Any such repairs undertaken by Tenant shall be performed in a manner so as not to interfere with any other tenant's access to or replacements by use and occupancy of its premises within the Building. Landlord shall reimburse Tenant for the reasonable costs of said repairs within thirty (30) days of Landlord's receipt of an invoice for same. For the purposes of this Article 12, an "emergency" necessitating such repairs shall not relieve the be deemed to exist unless Tenant from its obligation reasonably determines that there is an imminent threat of harm to maintain, repair and replace. The Tenant shall provide the Landlord with notice any person or an imminent threat of all accidents, or any material damage or defect to Tenant's property located in the Leased Premises or on the Project of which the Tenant is awarePremises.

Repairs and Replacements. The Tenant Landlord, at Landlord's expense, shall at its own cost repair, replace, maintain and keep in good condition the Leased Premises Premises, the Storage Area, and every part thereofBuilding including the foundation, including without limitation the Leasehold Improvements exterior walls, roof, roof membrane and the heating, ventilating and air conditioning equipment serving roof covering of the Building, fixtures sprinkler systems in or serving the Premises and/or the Building, HVAC system, and furnishings (whether plumbing, electric and other utility lines servicing the Building or not installed or furnished by connecting the Tenant)Premises, in good the Storage Area, and substantial repair and condition as a prudent owner would dothe Building, reasonable wear and tear and repairs and replacements except for damage to the Structure only excepted Premises, the Storage Area, and Building (provided that there shall be no exception for damage including the parts thereof specified above) caused by the negligent act acts or omission omissions of the Tenant or anyone for whom it is in law responsible). For clarity, it is acknowledged that the Tenant shall be responsible for maintenance of the Structure, but not for repairs or replacements to the structure, except to the extent necessary as a result of any act or omission of the Tenant, its Tenant's agents, employees, agentscontractors, suppliers guests or invitees, includingin which event Tenant, without limitation, failure to properly maintain the Structure. The Landlord shall be responsible for Structural repairs and replacements (except the extent previously set forth) and the Tenant shall pay subject to the Landlordprovisions of Section 19.2 hereof, upon demand, will bear the cost of such maintenance or repair. Tenant, at Tenant's expense, shall at all times keep the Premises and the Storage Area in a clean, safe and tenantable condition and in first class order, repair and appearance and Landlord shall have the right to approve the means and methods employed in performance of such work. If Tenant does not do so Landlord may (but need not), after the notice and cure periods specified in Section 17.1, restore the Premises and the Storage Area to a clean, safe and tenantable condition, and Tenant shall pay the cost thereof forthwith upon being billed by Landlord. This Section shall not apply to damage or destruction and condemnation proceedings otherwise provided for in this Lease. In the event emergency repairs are required within the Premises and replacements made by Tenant is unable to contact Landlord after diligent and persistent efforts so to do and Landlord is otherwise unaware of such emergency, Tenant may perform Landlord's repair obligations within the Landlord, provided that for Premises as set forth herein. Such repairs shall be performed in a good and replacements workmanlike manner using materials of a quality comparable to the Structure that are capital materials used in nature, as determined by the Landlord, in accordance with generally acceptable accounting principles, construction of the Landlord shall amortize such costs (plus interest on Premises and the unamortized portion Building generally. During the performance of such costs at the rate of Prime plus 5% per annumrepairs (and thereafter, until Tenant is able to contact Landlord), over the useful life of the relevant repair or replacement on a straight-line basis and the Tenant shall only be required endeavor to pay the portion of such cost as is amortized over the remainder of the Term (and any extensions or renewals thereof), to be paid by annual instalments. By way of example, in the event of a capital repair costing $20,000 with a useful life of 10 years, the notify Landlord that Tenant would be required to pay $2,000 (plus interest) each year as its contribution, until the expiration of the Lease as may be extended or renewed, or until the full amortization and payment to the Landlord of such amount, whichever is earlier. The Tenant agrees that the Landlord may enter for the purpose of making Structural repairs and/or replacements as may be required, and may enter to view the state of repair and condition and that the Tenant shall repair in accordance with notice in writing from the Landlord; provided that if the Tenant neglects to so maintain or has undertaken to make such repairs or replacements promptly after notice, the Landlord may, at its option, do such maintenance or make such repairs or replacements at the expense of the Tenant, on Landlord's behalf and in any and every such case the Tenant covenants with the Landlord to pay to the Landlord forthwith as Additional Rent all sums which the Landlord may have expended in doing such maintenance and making such repairs and/or replacements, together with an administration fee of 15% of the cost of such repairs and/or replacements; provided further that the doing of such maintenance or the making of any such repairs or replacements by the Landlord shall not relieve the Tenant from its obligation to maintain, repair and replace. The Tenant shall provide the Landlord with notice of all accidents, or any material damage or defect to the Leased Premises or on the Project of which the Tenant is aware.Landlord

Repairs and Replacements. The Tenant Landlord, at Landlord's expense, shall at its own cost repair, replace, maintain and keep in good condition the Leased Premises Premises, the Storage Area and every part thereof, including without limitation the Leasehold Improvements and the heating, ventilating and air conditioning equipment serving the Building, fixtures and furnishings (whether or not installed or furnished by the Tenant), in good and substantial repair and condition as a prudent owner would do, reasonable wear and tear and repairs and replacements except for damage to the Structure only excepted (provided that there shall be no exception for damage Premises, the Storage Area or the Building caused by the negligent act acts or omission omissions of the Tenant or anyone for whom it is in law responsible). For clarity, it is acknowledged that the Tenant shall be responsible for maintenance of the Structure, but not for repairs or replacements to the structure, except to the extent necessary as a result of any act or omission of the Tenant, its Tenant's agents, employees, agentscontractors, suppliers guests or invitees, includingin which event Tenant, without limitation, failure to properly maintain the Structure. The Landlord shall be responsible for Structural repairs and replacements (except the extent previously set forth) and the Tenant shall pay subject to the Landlordprovisions of Section 19.2 hereof, upon demand, will bear the cost of such maintenance or repair. Tenant, at Tenant's expense, shall at all times keep the Premises and Storage Area in a clean, safe and tenantable condition and in good order, repair and appearance and Landlord shall have the right to approve the means and methods employed in performance of such work. If Tenant does not do so Landlord may (but need not) restore the Premises and Storage Area to a clean, safe and tenantable condition, and Tenant shall pay the cost thereof forthwith upon being billed by Landlord. This Section shall not apply to damage or destruction and condemnation proceedings otherwise provided for in this Lease. In the event emergency repairs are required within the Premises and replacements made by Tenant is unable to contact Landlord after diligent and persistent efforts so to do and Landlord is otherwise unaware of such emergency, Tenant may perform Landlord's repair obligations within the Landlord, provided that for Premises as set forth herein. Such repairs shall be performed in a good and replacements workmanlike manner using materials of a quality comparable to the Structure that are capital materials used in nature, as determined by the Landlord, in accordance with generally acceptable accounting principles, construction of the Landlord shall amortize such costs (plus interest on Premises and the unamortized portion Building generally. During the performance of such costs at the rate of Prime plus 5% per annumrepairs (and thereafter, until Tenant is able to contact Landlord), over the useful life of the relevant repair or replacement on a straight-line basis and the Tenant shall only be required endeavor to pay the portion of such cost as is amortized over the remainder of the Term (and any extensions or renewals thereof), to be paid by annual instalments. By way of example, in the event of a capital repair costing $20,000 with a useful life of 10 years, the notify Landlord that Tenant would be required to pay $2,000 (plus interest) each year as its contribution, until the expiration of the Lease as may be extended or renewed, or until the full amortization and payment to the Landlord of such amount, whichever is earlier. The Tenant agrees that the Landlord may enter for the purpose of making Structural repairs and/or replacements as may be required, and may enter to view the state of repair and condition and that the Tenant shall repair in accordance with notice in writing from the Landlord; provided that if the Tenant neglects to so maintain or has undertaken to make such repairs or replacements promptly after notice, on Landlord's behalf and Landlord shall have the Landlord may, at its option, do such maintenance or make such repairs or replacements at right to assume the expense of the Tenant, and in any and every such case the Tenant covenants with the Landlord to pay to the Landlord forthwith as Additional Rent all sums which the Landlord may have expended in doing such maintenance and making such repairs and/or replacements, together with an administration fee of 15% of the cost performance of such repairs and/or replacements; provided further that the doing of such maintenance or the making of at any time. Any such repairs undertaken by Tenant shall be performed in a manner so as not to interfere with any other tenant's access to or replacements by use and occupancy of its premises within the Building. Landlord shall reimburse Tenant for the reasonable costs of said repairs within thirty (30) days of Landlord's receipt of an invoice for same. For the purpose of this Article 12, an "emergency" necessitating such repairs shall not relieve the be deemed to exist unless Tenant from its obligation reasonably determines that there is an imminent threat of harm to maintain, repair and replace. The Tenant shall provide the Landlord with notice any person or an imminent threat of all accidents, or any material damage or defect to Tenant's property located in the Leased Premises or on the Project of which the Tenant is awarePremises.

Repairs and Replacements. The Tenant shall at its own cost repair, replace, maintain and keep the Leased interior parts of the Demised Premises and every part thereof, including without limitation the Leasehold Improvements and the heating, ventilating and air conditioning equipment serving the Building, fixtures and furnishings (whether or not installed or furnished by the Tenant), Addition in good and substantial repair and condition as a prudent owner would doexcept, reasonable wear repairs required by the acts of Landlord, its agents, employees and tear contractors, all of which shall be repaired by Landlord, at its expense. Tenant shall comply with all rules, regulations and repairs and replacements requirements of any Federal, State, County or Municipal authority, or the Board of Fire Underwriters or like organization, applicable to the Structure only excepted Demised Premises except Tenant shall not be obligated to make any structural alterations with respect to the Existing Premises (provided that there shall be no exception for damage as distinguished from the Addition) unless caused by the negligent act acts of Tenant, its agents, employees or omission contractors. Excepting landlord's obligation for structural repairs and damage by fire, the elements, other casualty, unsafe condition or condition caused by the acts of landlord, its agents, employees or contractors, Tenant shall make all other repairs, renovations and alterations of any kind or nature whatsoever throughout the term of this Lease and all option periods thereof. (A) Notwithstanding anything to the contrary contained in this Lease, Landlord shall, at its expense, during the Lease Term keep in good order, condition and repair the foundation and exterior walls of the Tenant or anyone for whom it is in law responsible). For clarityExisting Premises (excluding the Additions) and all water, it is acknowledged that sewer and utility lines outside the Demised Premises, with the following exceptions, which Tenant shall be responsible for maintenance for: (i) Repairs occasioned by a harmful act, negligence or omissions of the Structure, but not for repairs Tenant or replacements to the structure, except to the extent necessary as a result any of any act or omission of the Tenant, its 's employees, agents, suppliers agents or invitees, including, without limitation, failure to properly maintain and (ii) Repairs occasioned by any of Tenant's Work on or construction of the Structurenew Addition. The Landlord shall be responsible for Structural repairs In the event a structural repair is required on the Addition and replacements (except the extent previously set forth) and the Tenant shall pay to the not repair same within thirty (30) days after receipt of notice from Landlord, upon demand, then Landlord may proceed with the cost required repair on behalf of such repairs and replacements made by the Landlord, provided that for repairs and replacements to the Structure that are capital in nature, as determined by the LandlordTenant, in accordance with generally acceptable accounting principles, the Landlord shall amortize such costs (plus interest on the unamortized portion of such costs at the rate of Prime plus 5% per annum), over the useful life of the relevant repair or replacement on a straight-line basis and the which event Tenant shall only be required reimburse Landlord for all sums paid to pay effect such repair as if it were additional rent. (B) Tenant shall, during the portion of such cost as is amortized over the remainder of the Term (and any extensions or renewals thereof), to be paid by annual instalments. By way of example, in the event of a capital repair costing $20,000 with a useful life of 10 years, the Tenant would be required to pay $2,000 (plus interest) each year as its contribution, until the expiration term of the Lease make all repairs, structural and otherwise (except for repairs required to be performed by Landlord pursuant to Section A hereinabove) to: (i) The Addition; (ii) The originally Demised Premises on those occasions as may be extended or renewed, or until the full amortization set forth in Section A(i) and payment to the Landlord of such amount, whichever is earlier. The Tenant agrees that the Landlord may enter for the purpose of making Structural repairs and/or replacements as may be required, and may enter to view the state of repair and condition and that the Tenant shall repair in accordance with notice in writing from the Landlord(ii); provided that if the Tenant neglects to so maintain or to make such repairs or replacements promptly after notice, the Landlord may, at its option, do such maintenance or make such repairs or replacements at the expense and (iii) All roof areas of the Tenant, Demised Premises. (C) Landlord shall maintain and in any and every such case repair the Tenant covenants with the Landlord to pay to the Landlord forthwith as Additional Rent all sums which the Landlord may have expended in doing such maintenance and making such repairs and/or replacements, together with an administration fee of 15% common areas of the cost of such repairs and/or replacements; provided further that the doing of such maintenance or the making of any such repairs or replacements by the Landlord shall not relieve the Tenant from its obligation to maintain, repair and replace. The Tenant shall provide the Landlord Shopping Center in a manner consistent with notice of all accidents, or any material damage or defect to the Leased Premises or on the Project of which the Tenant is awarea first class Shopping Center.

Repairs and Replacements. The A. Tenant shall represents and covenants, at its own cost repairand expense, replaceto make any and all changes, maintain alterations, repairs or replacements, ordinary or extraordinary, structural or otherwise, foreseen or unforeseen, necessary to keep in reasonable physical condition the buildings and keep improvements on the Leased Demised Premises now standing and every part thereofhereafter erected, inside and outside, including, but not limited to, repairs to foundations, sidewalks, walls, floors, ceilings, elevators, vaults, window glass, gas pipes, wires or conduits for electricity, whether inside, in front of, or appurtenant to the Demised Premises, such repairs, replacements or renewals to be at least the equal in quality of materials and workmanship as those replaced. Tenant will maintain, repair and/or replace the elevator system (including without limitation the Leasehold Improvements and the heating, ventilating and air conditioning equipment serving the Building, fixtures and furnishings (whether or not installed or furnished by the Tenantall of its components), in good the boiler and/or the roof, if necessary. Tenant will also be responsible to maintain and/or repair the water and substantial repair and condition as a prudent owner would do, reasonable wear and tear and repairs and replacements sewer connections to the Structure only excepted Demised Premises. B. The Tenant, at its sole cost, shall have the right to renovate the premises as it sees fit, providing, however, and on condition that all work is done in full conformity with the various state, federal and municipal departments having jurisdiction thereover. If any such renovations shall reduce the number of rentable units in the Demised Premises, or shall limit the amount of rent which may be otherwise charged for any unit(s), then, at the expiration of the term of this Lease as set forth in Article 2 hereof or at the expiration of any renewal of this Lease, or the termination of this Lease pursuant to Article 23 or any other provision of this Lease, Tenant agrees, at its sole cost, to restore the premises to its former condition, or, at Tenant's option, to remit to the Landlord the reasonable cost of such restoration. In the event that Tenant causes the Certificate of Occupancy set forth in Article 13 to be amended, Tenant agrees, at its sole cost, to cause such Certificate of Occupancy to be restored to its former provision (provided that there such former provision shall then be no exception for damage caused permitted by law or by the negligent act zoning resolution then in effect) at the expiration of any renewal of this Lease, or omission the termination of the Tenant this Lease pursuant to Article 23 or anyone for whom it is in any other provision of this Lease. If such restoration shall not be permitted by law responsible). For clarityat such time, it is acknowledged that the Tenant shall be responsible reimburse Landlord for maintenance of the Structure, but not for repairs or replacements any losses occasioned to the structure, except to the extent necessary Landlord as a result of any act or omission of such alterations. C. Any structural changes to the Tenant, its employees, agents, suppliers or invitees, including, without limitation, failure to properly maintain the Structure. The Landlord Demised Premises that shall be responsible for Structural repairs and replacements (except required as a result of generally applicable changes to governmental regulations of any governmental body having jurisdiction thereover shall be the extent previously set forth) and the Tenant shall pay to the responsibility of Landlord, upon demand, . If Landlord reasonably determines that the cost of such repairs and replacements made by the Landlordchanges does not warrant making such changes, provided that for repairs and replacements Landlord may terminate this Lease upon sixty (60) days prior written notice to the Structure that are capital in nature, as determined by the Landlord, in accordance with generally acceptable accounting principles, the Landlord shall amortize such costs (plus interest on the unamortized portion of such costs at the rate of Prime plus 5% per annum), over the useful life of the relevant repair or replacement on a straight-line basis Tenant without penalty and the Tenant otherwise applicable provisions of this Lease regarding terminations shall only be required to pay the portion of such cost applied as is amortized over the remainder of the Term (and any extensions or renewals thereof), to be paid by annual instalments. By way of example, in the event of a capital repair costing $20,000 with a useful life of 10 years, the Tenant would be required to pay $2,000 (plus interest) each year as its contribution, until the expiration of if the Lease as may be extended or renewed, or until the full amortization and payment to the Landlord of had otherwise terminated on such amount, whichever is earlier. The Tenant agrees that the Landlord may enter for the purpose of making Structural repairs and/or replacements as may be required, and may enter to view the state of repair and condition and that the Tenant shall repair in accordance with notice in writing from the Landlord; provided that if the Tenant neglects to so maintain or to make such repairs or replacements promptly after notice, the Landlord may, at its option, do such maintenance or make such repairs or replacements at the expense of the Tenant, and in any and every such case the Tenant covenants with the Landlord to pay to the Landlord forthwith as Additional Rent all sums which the Landlord may have expended in doing such maintenance and making such repairs and/or replacements, together with an administration fee of 15% of the cost of such repairs and/or replacements; provided further that the doing of such maintenance or the making of any such repairs or replacements by the Landlord shall not relieve the Tenant from its obligation to maintain, repair and replace. The Tenant shall provide the Landlord with notice of all accidents, or any material damage or defect to the Leased Premises or on the Project of which the Tenant is awaredate.