Common use of Acceptance and Maintenance of Premises Clause in Contracts

Acceptance and Maintenance of Premises. (a) Tenant, by Tenant's execution of this Lease, shall be conclusively deemed to have accepted the Premises as being in good, safe, tenantable and sanitary order, condition and repair. (b) Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair, excepting only ordinary wear and tear and unavoidable damage not required to be insured against, and excepting structural repairs which shall be the responsibility of Landlord. Tenant hereby waives all rights to make repairs at the expense of Landlord as provided by any law, statute or ordinance now or hereafter in effect. Damage to all glass of the Premises (other than glass which is part of the exterior of the Building) shall be at the risk of Tenant; any such glass broken during the Term shall be promptly replaced by Tenant at the expense of Tenant. Tenant will not damage or deface the walls, floors or ceilings, nor damage or obstruct hallways or other common areas, nor commit any act which may damage the structural parts of the Building. Tenant shall not add, disturb or in any way change any plumbing or wiring without first obtaining the written consent of Landlord. All damage or injury done to the Premises by Tenant, or by any persons who may be in or upon the Premises with the consent of Tenant, shall be paid for by Tenant and Tenant shall pay for all damage to the Building caused by Tenant's misuse of the Premises or the appurtenances thereto. All repairs to the Premises necessary to maintain the Premises in a tenantable and good condition shall be done by or under the direction of Landlord and at Tenant's expense, except as is otherwise specifically provided herein. Tenant shall pay for the replacement of doors of the Premises which are cracked or broken. Landlord may make any alterations or improvements which Landlord may deem necessary for the preservation, safety or improvement of the Premises or the Building. It is specifically understood and agreed that Landlord has made no promises to alter, remodel, improve, repair, decorate or paint the Premises, or any part thereof, and that no representations respecting the condition of the Premises or the Building of which the Premises are a part have been made by Landlord to Tenant. Notwithstanding anything herein to the contrary, any diminution or shutting off of light or air by any structure which may be erected adjacent to the Building of which the Premises are a part, whether by Landlord or others, and any dust, noise, vibration or other similar disturbance caused by the construction of other tenant improvements during the initial lease-up period of the Building and during any change in tenancy of any premises within the Building, shall not affect this Lease or impose any liability on Landlord or be construed as a constructive eviction or grounds for-the reduction of rent.

Appears in 2 contracts

Samples: Office Lease (Cheap Tickets Inc), Office Lease (Cheap Tickets Inc)

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Acceptance and Maintenance of Premises. Lessee on occupancy of the Demised Premises represented to the Lessor that it has examined and inspected the same, finds them to be represented by Lessor and satisfactory for Lessee’s intended use, and evidences Lessee’s acceptance “as is.” Lessor makes no representation or warranty as to the condition of said Demised Premises. Lessee shall maintain (aand so deliver at the end of the Lease) Tenant, by Tenant's execution of this Lease, shall be conclusively deemed to have accepted the Premises as being in good, safe, tenantable and sanitary order, condition and repair. (b) Tenant shall, at Tenant's sole cost and expense, keep the Premises each and every part thereof of the Demised Premises in good condition and repair, excepting only and shall make at Lessee’s sole costs and expense such reasonable replacements, restoration, renewals or repairs, in quality equivalent or better than the original work replaced, and may be required to so maintain the same, ordinary wear and tear only excepted; provided, however, Lessor shall be responsible for maintaining the roof and unavoidable damage the sprinkler system in good working order and repair. In the event Lessor does not required properly maintain the roof and sprinkler system, and after sufficient written notice is given and no action is taken to correct the problem, Lessee shall be entitled to make such reasonable repairs at customary rates as are necessary and deduct the cost from the Rent. Lessee shall make no structural or interior alterations of the Demised Premises without Lessor’s prior written consent. Any work performed by Lessee or Lessor shall be done in a good and workmanlike manner. Neither Lessor nor Lessee shall at any time permit any work to be insured againstperformed on the Demised Premises except by duly licensed contractors and artisans, and excepting structural repairs which of whom must carry general public liability insurance, certificates of which shall be furnished to Lessor. At no time may Lessee do any work that results in a claim or lien against the responsibility Lessor, and, if required by Lessor on termination of Landlord. Tenant hereby waives all rights the Lease or vacation of the Demised Premises by Lessee, Lessee shall restore, at Lessee’s expense the Demised Premises to make repairs the same condition as existed at the expense commencement of Landlord as provided the Initial Term, ordinary wear and tear excepted. Lessor shall have the right to remove any trade or other fixtures installed on the Demised Premises by the Lessee. Damages caused by the removal of Lessee’s fixtures shall not be considered “ordinary wear and tear.” Lessee agrees not to store on the Demised Premises any goods, which would amount to a danger to persons or the premises or would constitute a violation of any law. Lessor warrants and represents that the Demised Premises is owned by Lessor in fee, statute or ordinance now or hereafter in effect. Damage to free and clear of all glass liens, restrictions, and encumbrances that would interfere with Lessee’s quiet enjoyment of the Premises (other than glass which is part of the exterior of the Building) shall be at the risk of Tenant; any such glass broken during the Term shall be promptly replaced by Tenant at the expense of Tenant. Tenant will not damage or deface the walls, floors or ceilings, nor damage or obstruct hallways or other common areas, nor commit any act which may damage the structural parts of the Building. Tenant shall not add, disturb or in any way change any plumbing or wiring without first obtaining the written consent of Landlord. All damage or injury done to the Premises by Tenant, or by any persons who may be in or upon the Premises with the consent of Tenant, shall be paid for by Tenant and Tenant shall pay for all damage to the Building caused by Tenant's misuse of the Premises or the appurtenances thereto. All repairs to the Premises necessary to maintain the Premises in a tenantable and good condition shall be done by or under the direction of Landlord and at Tenant's expense, except as is otherwise specifically provided herein. Tenant shall pay for the replacement of doors of the Premises which are cracked or broken. Landlord may make any alterations or improvements which Landlord may deem necessary for the preservation, safety or improvement of the Premises or the Building. It is specifically understood and agreed that Landlord has made no promises to alter, remodel, improve, repair, decorate or paint the Demised Premises, or any part thereof, and that no representations respecting Lessor has the condition legal right and authority to make and entered into this lease. Lessor further warrants to Lessee that Lessor has the power, authority and right to convey to Lessee the leasehold interest created by this lease and to grant to Lessee the quiet and peaceable enjoyment and possession of the Demised Premises against the hindrance or disturbance of any person claiming by, through or under Lessor and will, at the Building request of which Lessee and at the cost of Lessor, take all necessary steps and actions in order to defend Lessee’s quiet and peaceable possession and enjoyment of Demised Premises. Lessor further represents and warrants that the Demised Premises are a part have been made by Landlord to Tenant. Notwithstanding anything herein to appropriately zoned for the contrary, any diminution or shutting off of light or air by any structure which may be erected adjacent to the Building of which the Premises are a part, whether by Landlord or others, and any dust, noise, vibration or other similar disturbance caused by the construction of other tenant improvements during the initial lease-up period of the Building and during any change use set forth in tenancy of any premises within the Building, shall not affect this Lease or impose any liability on Landlord or be construed as a constructive eviction or grounds for-the reduction of rentSection 6 above.

Appears in 1 contract

Samples: Lease (BGF Industries Inc)

Acceptance and Maintenance of Premises. (a) Tenant, by Tenant's Xxxxxx’s taking possession of the Premises on commencement of the term shall constitute Lessee' s acknowledgment that the Hangar is in good condition. Xxxxxx further agrees that: X. Xxxxxx has been afforded the opportunity to inspect the hangar premises prior to the execution of this Leaselease to ensure that the hangar is free from any defects which would be unacceptable to the Lessee, and Lessee hereby accepts the Premises in its present condition without any liability or obligation on the part of the Lessor to make any alterations, improvements or repairs of any kind which would constitute a change to the present condition of the Premises. B. Lessee shall keep the Hangar clean and free of any debris at all times and shall report to the Lessor any defects in the Hangar which Lessee believes require maintenance. C. The Lessor reserves the right to assess maintenance fees against the ·Lessee and/ or the security deposit for damages to the Premises beyond normal wear and tear, as determined in the sole and absolute discretion of the Lessor. Lessee shall also be liable for any and all damages to the Premises caused by the Lessee, its employees, agents or invitees. Any damage to the hangar occasioned by any act of the Lessee, his employees, agents or invitees, shall be conclusively deemed to have accepted the Premises as being in good, safe, tenantable and sanitary order, condition and repair. (b) Tenant shall, remedied forthwith by Lessee at Tenant's sole its cost and expense, keep and in any event, no later than 30 days from Xxxxxx's receipt of notice from the Premises Lessor to repair any such damage. D. The Lessor will maintain the structural components of the Hangar, including doors and every part thereof in good condition and repair, excepting only ordinary wear and tear and unavoidable damage not required to be insured againstdoor mechanisms, and excepting structural repairs which will provide light fixtures (including light bulbs), electricity and normal building maintenance without additional cost to Lessee, provided, however, that the Lessor reserves the right to assess an additional fee for extra-ordinary consumption of utilities by Hangar Tenants as shall be determined in the sole and absolute discretion of the Lessor. E. The Lessor will supply snow/ice removal up to 24 inches in front of each Hangar. Snow Removal within 24 inches of the Hangar shall be the responsibility of Landlordthe Lessee. Tenant hereby waives all rights to make repairs at Snow/ice melt products containing sodium or other metal corroding properties are prohibited within the expense of Landlord as provided by any law, statute or ordinance now or hereafter in effect. Damage to all glass perimeter fence of the Premises (other than glass which is part of the exterior of the Building) shall be at the risk of Tenant; any such glass broken during the Term shall be promptly replaced by Tenant at the expense of Tenant. Tenant will not damage or deface the wallsairport and more specifically, floors or ceilings, nor damage or obstruct hallways or other common areas, nor commit any act which may damage the structural parts of the Building. Tenant shall not add, disturb or in any way change any plumbing or wiring without first obtaining the written consent of Landlord. All damage or injury done to the Premises by Tenant, or by any persons who may be in or upon around hangars. Aircraft safe, non-corrosive snow/ice melt is available for purchase from the Premises with the consent of Tenant, shall be paid for by Tenant and Tenant shall pay for all damage to the Building caused by Tenant's misuse of the Premises or the appurtenances thereto. All repairs to the Premises necessary to maintain the Premises in a tenantable and good condition shall be done by or under the direction of Landlord and at Tenant's expense, except airport as is otherwise specifically provided herein. Tenant shall pay for the replacement of doors of the Premises which are cracked or broken. Landlord may make any alterations or improvements which Landlord may deem necessary for the preservation, safety or improvement of the Premises or the Building. It is specifically understood and agreed that Landlord has made no promises to alter, remodel, improve, repair, decorate or paint the Premises, or any part thereof, and that no representations respecting the condition of the Premises or the Building of which the Premises are a part have been made by Landlord to Tenant. Notwithstanding anything herein to the contrary, any diminution or shutting off of light or air by any structure which may be erected adjacent to the Building of which the Premises are a part, whether by Landlord or others, and any dust, noise, vibration or other similar disturbance caused by the construction of other tenant improvements during the initial lease-up period of the Building and during any change in tenancy of any premises within the Building, shall not affect this Lease or impose any liability on Landlord or be construed as a constructive eviction or grounds for-the reduction of rentneeded.

Appears in 1 contract

Samples: Hangar Rental Agreement

Acceptance and Maintenance of Premises. (a) Tenant, by Tenant's execution of this Lease, shall be conclusively deemed to have accepted the Premises as being in good, safe, tenantable and sanitary order, condition and repair"As-Is" condition. (b) Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair, excepting only ordinary wear and tear and unavoidable damage not required to be insured against, and excepting structural repairs which shall be the responsibility of Landlord. Tenant hereby waives all rights to make repairs at the expense of Landlord as provided by any law, statute or ordinance now or hereafter in effect. Damage to all glass of the Premises (other than glass which is part of the exterior of the Building) shall be at the risk of Tenant; Tenant and any such glass broken during the Term shall be promptly replaced by Tenant at the expense of Tenant. Tenant will not damage or deface the walls, floors or ceilings, nor damage or obstruct hallways or other common areas, nor commit any act which may damage the structural parts of the Building. Tenant shall not add, disturb or in any way change any plumbing or wiring without first obtaining the written consent of Landlord. All damage or injury done to the Premises by Tenant, or by any persons who may be in or upon the Premises with the consent of Tenant, shall be paid for by Tenant Tenant, and Tenant shall also pay for all damage damages to the Building caused by Tenant's misuse of the Premises or the appurtenances thereto. All repairs to the Premises necessary to maintain the Premises in a tenantable and good condition shall be done by or under the direction of Landlord and at Tenant's expense, except as is otherwise specifically provided herein. Tenant shall pay for the replacement of doors of the Premises which are cracked or broken. Landlord may make any alterations or improvements which Landlord may deem necessary for the preservation, safety or improvement of the Premises or the Building. It Except as is set forth in Exhibit "A-1" or as is set forth herein, it is specifically understood and agreed that Landlord has made no promises to alter, remodel, improve, repair, decorate or paint the Premises, or any part thereof, and that no representations respecting the condition of the Premises or the Building of which the Premises are a part have been made by Landlord to Tenant. Notwithstanding anything herein to the contrary, any diminution or shutting off of light or air by any structure which may be erected adjacent to the Building of which the Premises are a part, whether by Landlord or others, and any dust, noise, vibration or other similar disturbance caused by the construction of other tenant improvements during the initial lease-up period of the Building and during any change in tenancy of any premises within the Building, shall not affect this Lease or impose any liability on Landlord or be construed as a constructive eviction or grounds for-for the reduction of rent.

Appears in 1 contract

Samples: Sublease (Cheap Tickets Inc)

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Acceptance and Maintenance of Premises. (a) Tenant, by Tenant's Xxxxxx’s taking possession of the Premises on commencement of the term shall constitute Lessee' s acknowledgment that the Hangar is in good condition. Xxxxxx further agrees that: X. Xxxxxx has been afforded the opportunity to inspect the hangar premises prior to the execution of this Leaselease to ensure that the hangar is free from any defects which would be unacceptable to the Lessee, and Xxxxxx hereby accepts the Premises in its present condition without any liability or obligation on the part of the Lessor to make any alterations, improvements or repairs of any kind which would constitute a change to the present condition of the Premises. B. Lessee shall keep the Hangar clean and free of any debris at all times and shall report to the Lessor any defects in the Hangar which Lessee believes require maintenance. C. The Lessor reserves the right to assess maintenance fees against the ·Lessee and/ or the security deposit for damages to the Premises beyond normal wear and tear, as determined in the sole and absolute discretion of the Lessor. Lessee shall also be liable for any and all damages to the Premises caused by the Lessee, its employees, agents or invitees. Any damage to the hangar occasioned by any act of the Lessee, his employees, agents or invitees, shall be conclusively deemed to have accepted the Premises as being in good, safe, tenantable and sanitary order, condition and repair. (b) Tenant shall, remedied forthwith by Lessee at Tenant's sole its cost and expense, keep and in any event, no later than 30 days from Xxxxxx's receipt of notice from the Premises Lessor to repair any such damage. D. The Lessor will maintain the structural components of the Hangar, including doors and every part thereof in good condition and repair, excepting only ordinary wear and tear and unavoidable damage not required to be insured againstdoor mechanisms, and excepting structural repairs which will provide light fixtures (including light bulbs), electricity and normal building maintenance without additional cost to Lessee, provided, however, that the Lessor reserves the right to assess an additional fee for extra-ordinary consumption of utilities by Hangar Tenants as shall be determined in the sole and absolute discretion of the Lessor. E. The Lessor will supply snow/ice removal up to 24 inches in front of each Hangar. Snow Removal within 24 inches of the Hangar shall be the responsibility of Landlordthe Lessee. Tenant hereby waives all rights to make repairs at Snow/ ice melt products containing sodium or other metal corroding properties are prohibited within the expense of Landlord as provided by any law, statute or ordinance now or hereafter in effect. Damage to all glass perimeter fence of the Premises (other than glass which is part of the exterior of the Building) shall be at the risk of Tenant; any such glass broken during the Term shall be promptly replaced by Tenant at the expense of Tenant. Tenant will not damage or deface the wallsairport and more specifically, floors or ceilings, nor damage or obstruct hallways or other common areas, nor commit any act which may damage the structural parts of the Building. Tenant shall not add, disturb or in any way change any plumbing or wiring without first obtaining the written consent of Landlord. All damage or injury done to the Premises by Tenant, or by any persons who may be in or upon around hangars. Aircraft safe, non- corrosive snow/ice melt is available for purchase from the Premises with the consent of Tenant, shall be paid for by Tenant and Tenant shall pay for all damage to the Building caused by Tenant's misuse of the Premises or the appurtenances thereto. All repairs to the Premises necessary to maintain the Premises in a tenantable and good condition shall be done by or under the direction of Landlord and at Tenant's expense, except Lessor as is otherwise specifically provided herein. Tenant shall pay for the replacement of doors of the Premises which are cracked or broken. Landlord may make any alterations or improvements which Landlord may deem necessary for the preservation, safety or improvement of the Premises or the Building. It is specifically understood and agreed that Landlord has made no promises to alter, remodel, improve, repair, decorate or paint the Premises, or any part thereof, and that no representations respecting the condition of the Premises or the Building of which the Premises are a part have been made by Landlord to Tenant. Notwithstanding anything herein to the contrary, any diminution or shutting off of light or air by any structure which may be erected adjacent to the Building of which the Premises are a part, whether by Landlord or others, and any dust, noise, vibration or other similar disturbance caused by the construction of other tenant improvements during the initial lease-up period of the Building and during any change in tenancy of any premises within the Building, shall not affect this Lease or impose any liability on Landlord or be construed as a constructive eviction or grounds for-the reduction of rentneeded.

Appears in 1 contract

Samples: Hangar Rental Agreement

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