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subsequently enacted. The judgment of any court of competent jurisdiction, or the admission by <br /> Grove School in a proceeding brought against Grove School by any government entity,that Grove <br /> School has violated any such statute, ordinance, regulation or requirement shall be conclusive as <br /> between City and Grove School and shall constitute grounds for termination of this Lease by City. <br /> ARTICLE 5. UTILITIES <br /> Section 5.01. Grove School Payment. Grove School shall pay, and hold City free and <br /> harmless from,all charges for utilities to the Premises including but not necessarily limited to water, <br /> electricity,gas,solid waste,telephone and security. Grove School shall pay these utilities directly to <br /> provider of the service, and shall make payment as the charges become due and payable and in any <br /> event, before delinquency. <br /> ARTICLE 6. ALTERATIONS AND REPAIRS <br /> Section 6.02. Condition of Premises. Grove School accepts the Premises, as well as the <br /> improvements located on the Premises, in their present condition and stipulates with City that the <br /> Premises and improvements are in good, clean, safe and tenantable condition as of the date of this <br /> Lease. Grove School further agrees with and represents to City that the Premises have been <br /> inspected by Grove School, that it has received assurances acceptable to Grove School by means <br /> independent of City,or any agent of City, of the truth of all facts material to this Lease,and that the <br /> Premises are being leased by Grove School as a result of its own inspection and investigation and not <br /> as a result of any representations made by City or any agent of City except those expressly set forth <br /> in this Lease. <br /> Section 6.02. Maintenance by City. City shall,at its own cost and expense,maintain in good <br /> condition and repair the structural elements of the Premises. For purposes of this section,"structural <br /> elements" shall mean,with respect to any improvements on the Premises,the exterior roofs,exterior <br /> walls, structural supports and foundations. Notwithstanding the foregoing, City shall not be liable <br /> for any damages to Grove School or the property of Grove School resulting from City's failure to <br /> make any repairs required by this Section unless written notice of the need for those repairs has been <br /> given to City by Grove School and City has failed for a period of thirty(30)days after receipt of the <br /> notice, unless prevented by causes not the fault of the City, to make the needed repairs. <br /> Notwithstanding anything in this Section to the contrary, Grove School shall promptly reimburse <br /> City for the full cost of any repairs made pursuant to this section required because of the negligence <br /> or other fault, other than normal and proper use, of Grove School or its employees, agents and <br /> subtenants, if any. <br /> Section 6.03. Maintenance by Grove School. Except as otherwise expressly provided in <br /> section 6.02 of this Lease, Grove School shall (1) at its own cost and expense provide all routine <br /> maintenance for all portions of the Premises and shall keep all portions of the Premises and all <br /> improvements located on the Premises in good order and repair and in as safe and clean a condition <br /> as they were when received by Grove School from City,reasonable wear and tear excepted;and(2) <br /> except with respect to the"Barton School House,"shall not undertake any repairs other than general <br /> maintenance,cleaning and painting without prior written notice to,and prior written consent of,City. <br /> 3 <br /> L,Acaldjm\AgrccmcntslGrove School Lease Agreement 7.7.20.doc.jn <br />