Commercial Property Management Agreement

COMMERCIAL PROPERTY MANAGEMENT AGREEMENT

(form update 10-23-09)

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282

6.1 Owner reserves the right for Owner's employees, or others appointed by Owner, to conduct 283

examinations during normal business hours after three (3) days written notification, of the books and 284

records maintained for Owner by Manager no matter where the books and records are located. Owner 285

also reserves the right to perform any and all additional audit tests relating to Manager's activities, 286

either at the Property or at any office of Manager; provided, such audit tests are related to those 287

activities performed by Manager for Owner. 288

289

ARTICLE VII 290

EXPECTATION OF TENANCY 291

Owner expects the Manager to enforce the follow upon any and all tenants. 292

7.1 Tenant's Maintenance. Tenant shall, at its sole expense, keep all parts of the Leased Premises in 293

good condition, order and repair, clean, sanitary and safe, including, without limitation, the following 294

items: all glass, including windows of glass or plate glass, window mullions and gaskets, doors and 295

attached hardware, office entries, special store fronts, interior walls, interior ceilings, cabinets, millwork, 296

paneling and other finish work, floors and floor coverings, plumbing fixtures and sanitary sewers 297

between Tenant's plumbing fixtures and the main Project sanitary sewers, electrical facilities and 298

electrical fixtures, and all other equipment, fixtures and Trade Fixtures (hereinafter defined), and shall 299

paint the interior of the Leased Premises when necessary in order to maintain at all times a clean and 300

slightly appearance. Tenant shall also maintain on a regular basis the heating, ventilating and cooling 301

equipment serving the Leased Premises, and repair the same as necessary. Tenant shall repair and 302

replace, subject to Manager's direction and supervision, any damage to the Leased Premises or the 303

Project caused by Tenant or any of Tenant's Agents. If Tenant refuses or neglects to make repairs and/or 304

maintain the Leased Premises, or any part thereof, in a manner reasonably satisfactory to Manager, 305

Manager shall have the right (but not the obligation), upon giving Tenant ten days' prior written notice 306

of its election to do so, to make such repairs or replacements or perform such maintenance on behalf of 307

and for the account of Tenant. Such cost shall be payable to Manager by Tenant on demand as 308

Additional Rental. The obligation to repair shall include the obligation to replace when necessary. All 309

contractors, workmen, artisans and other persons which or who Tenant proposes to retain to perform 310

work in the Leased Premises pursuant to this Section shall be approved by Manager prior to the 311

commencement of any such work. Tenant is also obligated to perform, at Tenant's own cost and 312

expense and risk, all other maintenance and repairs necessary or appropriate to cause the Leased 313

Premises to be suitable for Tenant's intended commercial purpose. 314

7.2 Occupancy of Leased Premises. Tenant shall throughout the Term of this Lease, at its own expense, 315

maintain the Leased Premises and all improvements thereon and shall deliver up the Leased Premises in 316

a clean and sanitary condition at the expiration or termination of this Lease or the termination of 317

Tenant's right to occupy the Leased Premises, in good repair and condition, reasonable wear and tear 318

excepted, subject to the provisions of Article VI. Upon the expiration or termination of this Lease or the 319

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