|
Mar 05 03 01:04p RITAGE HANK ] 28454598 p.18
<br />200402532
<br />& Maintenance of Premises. Tenant shall maintain both the interior and
<br />exterior portions of the Premises, including interior /exterior doors and glass. Tenant shall
<br />be responsible for the cleaning and maintenance of the interior of the Premises, including
<br />the removal of all trash, sweeping floors, and cleaning bathrooms. Tenant shall be
<br />responsible for all repairs to the HVAC, electrical, and plumbing systems, and the interior
<br />and the exterior of the Premises for damages that may result from either negligent, or
<br />intentional acts of the Tenant. Tenant shall be responsible to maintain the exterior
<br />portions of the building, including any parking lot, sidewalks, and landscaped areas, and
<br />shall be responsible to maintain, repair, and replace all mechanical equipment serving the
<br />Premises and keep the same in good order and repair. Tenant may, at Tenant's option,
<br />also contract with Landlord, or any other qualified third party, to perform any or all of the
<br />maintenance requirements set forth above. Fees for such services or maintenance shall be
<br />in addition to the Fixed Minimum Rent due the Landlord.
<br />h. Indemnification. ion. Landlord shall not be responsible or liable for the acts of
<br />Tenant, its agents, employees or invitees; nor shall Landlord be liable for any loss, theft,
<br />damage, injury to or death of any person or damage to property on or about the Premises
<br />unless occasioned by the gross negligence or willful act of Landlord its agents or
<br />employees in the cause and scope of their employment. Tenant shall protect, defend,
<br />indemnify and hold harmless Landlord and Landlord's shareholders, officers, agents,
<br />servants, employees, or any other duly authorized representatives from all suits, actions, or
<br />claims of any character, and all expenses incidental to the defense of such suits, action or
<br />claims, based upon or arising out of (i) any injury, disease, sickness or death of any
<br />person or persons; or (ii) any damages to any property, including, in part, loss of use
<br />thereof, caused by Tenant or its respective agents, servants, employees or duly authorized
<br />representatives, or anyone else under Tenant's direction and supervision, and arising out
<br />of, in connection with or relating to Tenant's use of the Premises or the warehousing or
<br />storage of any materials or supplies of Tenant.
<br />i. Seciifify. Tenant shall securely lock all doors and accesses and secure all
<br />utilities on the Premises before leaving the Premises unattended, and reimburse Landlord
<br />for any damage resulting from the failure of Tenant to secure the Premises as provided
<br />herein.
<br />j, Unlawful Use. Tenant shall not make or permit any use of the Premises in
<br />violation of any law, ordinance or governmental or municipal regulation or order, or which
<br />may be dangerous to persons or property; or do or permit to be done any act or thing
<br />which will invalidate or be in conflict with fire or other insurance policies covering the
<br />Property or its operation, or the Premises.
<br />k. Hazardous Materials and Usaae. Tenant shall not use, store, handle,
<br />dispose of, generate, or transport to or from the Premises any flammable explosives,
<br />radioactive materials, hazardous wastes, toxic substances or related materials. Tenant
<br />shall, at all times, comply with all federal state and local laws, ordinances and regulations
<br />relating to industrial hygiene or to environmental conditions on, under, or about the
<br />
|