Accidents to Sanitary and Other Systems. Tenant shall give to Landlord prompt notice of any fire or accident in the Premises or in the Building and of any damage to, or defective condition in, any part or appurtenance of the Building including, without limitation, sanitary, electrical, ventilation, heating and air conditioning or other systems located in, or passing through, the Premises. Except as otherwise provided in Articles 18 and 20, and subject to Tenant’s obligations in Article 14, such damage or defective condition shall be remedied by Landlord with reasonable diligence, but if such damage or defective condition was caused by Tenant or by the employees, licensees, contractors or invitees of Tenant, the cost to remedy the same shall be paid by Tenant, subject to the waiver of subrogation in this Lease. In addition, all reasonable costs incurred by Landlord in connection with the investigation of any notice given by Tenant shall be paid by Tenant if the reported damage or defective condition was caused by Tenant or by the employees, licensees, contractors, or invitees of Tenant, subject to the waiver of subrogation in this Lease. Tenant shall not be entitled to claim any eviction from the Premises or any damages arising from any such damage or defect unless the same (i) shall have been occasioned by the negligence or willful misconduct of Landlord, its agents, servants or employees and (ii) shall not, after notice to Landlord of the condition, have been cured or corrected within thirty (30) days after such notice has been received by Landlord; and in case of a claim of eviction unless such damage or defective condition shall have rendered the Premises untenantable and they shall not have been made tenantable by Landlord within the aforesaid thirty (30) days.
Appears in 4 contracts
Samples: Lease Agreement (Hubspot Inc), Lease Agreement (Hubspot Inc), Lease Agreement (Hubspot Inc)
Accidents to Sanitary and Other Systems. Tenant shall give to Landlord prompt notice of any fire or accident in the Premises or in the Building and of any damage to, or defective condition in, any part or appurtenance of the Building including, without limitation, sanitary, electrical, ventilation, heating and air conditioning or other systems located in, or passing through, the Premises. Except as otherwise provided in Articles 18 19 and 2021, and subject to Tenant’s 's obligations in Article 1415, such damage or defective condition shall be remedied by Landlord with reasonable diligence, but if such damage or defective condition was caused by Tenant or by the employees, licensees, contractors or invitees of Tenant, the cost to remedy the same shall be paid by Tenant, subject to the waiver of subrogation in this Lease. In addition, all reasonable costs incurred by Landlord in connection with the investigation of any notice given by Tenant shall be paid by Tenant if the reported damage or defective condition was caused by Tenant or by the employees, licensees, contractors, or invitees of Tenant, subject to the waiver of subrogation in this Lease. Tenant shall not be entitled to claim any eviction from the Premises or any damages arising from any such damage or defect unless the same (i) shall have been occasioned by the negligence or willful misconduct of Landlord, its agents, servants or employees and (ii) shall not, after notice to Landlord of the condition, have been cured or corrected within thirty (30) days after such notice has been received by Landlord; and in case of a claim of eviction unless such damage or defective condition shall have rendered the Premises untenantable and they shall not have been made tenantable by Landlord within the aforesaid thirty (30) days.
Appears in 2 contracts
Samples: Lease Agreement (Hubspot Inc), Lease Agreement (Hubspot Inc)
Accidents to Sanitary and Other Systems. Tenant shall give to Landlord prompt notice of any fire or accident in the Premises or in the Building and of any damage to, or defective condition in, any part or appurtenance of the Building including, without limitation, sanitary, electrical, ventilation, heating and air conditioning or other systems located in, or passing through, the PremisesPremises of which Tenant has actual knowledge. Except as otherwise provided in Articles 18 and 20, and subject to Tenant’s obligations in Article 14, such damage or defective condition shall be remedied by Landlord with reasonable diligence, but if such damage or defective condition was caused by Tenant or by the employees, licensees, contractors or invitees of Tenant, the cost to remedy the same shall be paid by Tenant, subject to the waiver of subrogation in this Lease. In addition, all reasonable costs incurred by Landlord in connection with the investigation of any notice given by Tenant shall be paid by Tenant if the reported damage or defective condition was caused by Tenant or by the employees, licensees, contractors, or invitees of Tenant, subject to the waiver of subrogation in this Lease. Tenant shall not be entitled to claim any eviction from the Premises or any damages arising from any such damage or defect unless the same (i) shall have been occasioned by the negligence or willful misconduct of Landlord, its agents, servants or employees and (ii) shall not, after notice to Landlord of the conditioncondition claimed to constitute negligence, have been cured or corrected within thirty (30) days a reasonable time after such notice has been received by Landlord; and in case of a claim of eviction unless such damage or defective condition shall have rendered the Premises untenantable and they shall not have been made tenantable by Landlord within the aforesaid thirty (30) daysa reasonable time.
Appears in 2 contracts
Samples: Lease Agreement (CarGurus, Inc.), Lease Agreement (CarGurus, Inc.)
Accidents to Sanitary and Other Systems. Tenant shall give to Landlord prompt notice of any fire or accident in the Demised Premises or in the Building and of any damage to, or defective condition in, any part or appurtenance of the Building including, without limitation, Building's sanitary, electrical, ventilation, heating and air conditioning or other systems located in, or passing through, the Demised Premises. Except as otherwise provided in Articles 18 and 20, and subject to Tenant’s obligations in Article 14, such the damage or defective condition shall be remedied by Landlord with reasonable diligence, but if such damage or defective condition was caused by an act or omission of Tenant or by the employees, licensees, contractors or invitees of Tenant, the cost to remedy the same shall be paid by Tenant, subject to the waiver of subrogation in this Lease. In addition, all reasonable costs incurred by Landlord in connection with the investigation of any notice given by Tenant shall be paid by Tenant if the reported damage or defective condition was caused by Tenant or by the employees, licensees, contractors, or invitees of Tenant, subject to the waiver of subrogation in this Lease. Tenant shall not be entitled to claim any eviction from the Demised Premises or any damages arising from any such damage or defect unless the same (i) shall have been occasioned by the negligence or willful misconduct of Landlord, its agents, servants or employees and (ii) shall not, after notice to Landlord of the conditioncondition claimed to constitute negligence, have been cured or corrected within thirty (30) days a reasonable time after such notice has been received by Landlord; and in case of a claim of eviction unless such damage or defective condition shall have rendered the Demised Premises untenantable and they shall not have been made tenantable by Landlord within the aforesaid thirty (30) daysa reasonable time. Landlord agrees to diligently work to correct such damage or defect, except as otherwise provided herein.
Appears in 1 contract
Samples: Lease Agreement (Genzyme Corp)
Accidents to Sanitary and Other Systems. 12.1 If a responsible Tenant shall give to Landlord prompt notice of any fire or accident in the Premises or in the Building and Party learns of any damage to, or defective condition in, any part or appurtenance of the Building including, without limitation, Building’s sanitary, electrical, ventilationheating, heating and air conditioning conditioning, ventilating or other systems serving, located in, or passing through, the Premises, the Tenant shall give to the Landlord prompt notice thereof. Except as otherwise provided in Articles 18 and 20, and subject to Tenant’s obligations in Article 14, Any such damage or defective condition shall be remedied by the Landlord at the Landlord’s expense with reasonable diligencediligence except to the extent the Tenant is specifically required to remedy same under the terms of this Lease, but if such damage or defective condition (other than any damage with respect to which the Tenant is relieved from liability pursuant to Section 9.3 or as a result of normal wear and tear) was caused by the use by, or negligence or willful misconduct of, any Tenant or by the employees, licensees, contractors or invitees of TenantParty, the cost to of the remedy the same thereof shall be paid by the Tenant, subject to . Except for the waiver of subrogation abatement hereinafter provided for in this Lease. In additionSection 12.1, all reasonable costs incurred by Landlord in connection with the investigation of any notice given by Tenant shall be paid by Tenant if the reported damage or defective condition was caused by Tenant or by the employees, licensees, contractors, or invitees of Tenant, subject to the waiver of subrogation in this Lease. Tenant shall not be entitled to claim any eviction from damages against the Premises or any damages Landlord arising from any such damage or defect defective condition unless the same (i) shall have been occasioned caused by the gross negligence or willful misconduct of Landlord, its agents, servants or employees any Landlord Party and (ii) the same shall not, not have been remedied by the Landlord with reasonable diligence after notice from the Tenant; nor shall the Tenant be entitled to Landlord claim any eviction by reason of the condition, have been cured or corrected within thirty (30) days after such notice has been received by Landlord; and in case of a claim of eviction unless any such damage or defective condition unless the same shall have rendered been caused by the Premises untenantable gross negligence or willful misconduct of any Landlord Party and they shall not have been made tenantable by the Landlord within a reasonable time after notice from the aforesaid Tenant. If any such damage or defective condition renders more than 500 rentable square feet of the Premises untenantable for (a) fourteen (14) days in any thirty (30) daysday period after the Tenant notifies the Landlord of such untenantability (subject to appropriate extension for force majeure events), if the remedy of such failure, inadequacy or defect is within the Landlord’s reasonable control or was caused by the sole negligence, gross negligence or willful misconduct of a Landlord Party, or (b) in all events, thirty (30) days in any sixty (60) day period after the Tenant notifies the Landlord of such untenantability, then Fixed Rent and Article 24 Rent payable in respect of the portion of the Premises rendered untenantable shall xxxxx from the first day after such portion of the Premises became untenantable until such portion of the Premises is rendered tenantable; provided, that: (i) if (A) more than 25% of any full floor of the Premises is rendered untenantable as a result of such damage or defective condition and (B) the Tenant does not use any part of such floor, then Fixed Rent and Article 24 Rent payable in respect of such full floor shall be abated as aforesaid; and (ii) if (A) more than 50% of the entire Premises is rendered untenantable as a result of such damage or defective condition and (B) the Tenant does not use any part of the Premises, then Fixed Rent and Article 24 Rent payable in respect of the entire Premises shall be abated as aforesaid. If the Tenant would be entitled to an abatement under this Section 12.1 but for the fact that the Rent Commencement Date has not yet occurred, then the Rent Commencement Date for the space in question shall be shall be postponed by one (1) day for each day such abatement would have been applicable had the Rent Commencement Date occurred. Notwithstanding anything to the contrary contained in this Section 12.1, abatements under this Section 12.1 shall be made only if there is no other existing abatement relating to the space in question under any provision of this Lease. If a substantial part of the Premises is rendered untenantable as a result of such damage or defective condition and it is reasonably determined by the Landlord that such part of the Premises cannot be made tenantable within a period of fifteen (15) months after the occurrence of such damage or defective condition, then, notwithstanding anything to the contrary contained in this Section 12.1, the provisions of Section 9.2 shall control.
Appears in 1 contract
Samples: Lease (Cowen Group, Inc.)
Accidents to Sanitary and Other Systems. From and after the Rent Commencement Date, Tenant shall give to Landlord prompt notice of any fire or accident in the Premises premises or in the Building and of any damage to, or defective condition in, any part or appurtenance of the Building including, without limitation, sanitary, electrical, ventilation, heating and air conditioning or other systems located in, or passing through, the Premisespremises, of which Tenant has actual knowledge. Except as otherwise provided in Articles 18 and 20, and subject to Tenant’s 's obligations in Article 14, such damage or defective condition shall be be, subject to Article 19, remedied by Landlord with reasonable diligence, but if such damage or defective condition was caused by Tenant or by the employees, licensees, contractors or invitees of Tenant, the cost to remedy the same shall be paid by Tenant, subject to the waiver of subrogation in this Lease. In addition, all reasonable costs incurred by Landlord in connection with the investigation of any notice given by Tenant shall be paid by Tenant if the reported damage or defective condition was caused by Tenant or by the employees, licensees, contractors, or invitees of Tenant, subject . Subject to the waiver terms of subrogation in this Lease. , Tenant shall not be entitled to claim any eviction from the Premises premises or any damages arising from any such damage or defect unless the same (i) shall have been occasioned by the negligence or willful misconduct of the Landlord, its agents, servants or employees and (ii) shall not, after notice to Landlord of the conditioncondition claimed to constitute negligence, have been cured or corrected within thirty (30) days a reasonable time after such notice has been received by Landlord; and in case of a claim of eviction unless such damage or defective condition shall have rendered the Premises premises untenantable and they shall not have been made tenantable by Landlord within the aforesaid thirty (30) daysa reasonable time.
Appears in 1 contract
Samples: Lease Agreement (SMTC Corp)
Accidents to Sanitary and Other Systems. To the extent known by Tenant, Tenant shall give to Landlord prompt notice of any fire or accident in the Demised Premises or in the Building and of any damage to, or defective condition in, any part or appurtenance of the Building including, without limitation, Building's sanitary, electrical, ventilation, heating and air conditioning or other systems located in, or passing through, the Demised Premises. Except as otherwise provided in Articles 18 and 20, and subject to Tenant’s obligations in Article 14, such the damage or defective condition shall be remedied by Landlord with reasonable diligence, but if such damage or defective condition was caused by the negligence or wilful misconduct of Tenant or by the employees, licensees, contractors or invitees of Tenant, the cost to remedy the same shall be paid by Tenant, subject to the waiver of subrogation in this Lease. In addition, all reasonable costs incurred by Landlord in connection with the investigation of any notice given by Tenant shall be paid by Tenant if the reported damage or defective condition was caused by Tenant or by the employees, licensees, contractors, or invitees of Tenant, subject to the waiver of subrogation in this Lease. Tenant shall not be entitled to claim any eviction from the Demised Premises or any damages arising from any such damage or defect unless the same (i) shall have been occasioned by the negligence or willful misconduct of Landlord, its agents, servants or employees and (ii) shall not, after notice to Landlord of the conditioncondition claimed to constitute negligence, have been cured or corrected within thirty (30) days a reasonable time after such notice has been received by Landlord; and in case of a claim of eviction unless such damage or defective condition shall have rendered the Demised Premises untenantable and they shall not have been made tenantable by Landlord within the aforesaid thirty (30) daysa reasonable time. Landlord agrees to diligently work to correct such damage or defect, except as otherwise provided herein.
Appears in 1 contract
Accidents to Sanitary and Other Systems. Tenant shall give to Landlord prompt notice of any fire or accident in the Premises or in the Building and of any damage to, or defective condition in, any part or appurtenance of the Building including, without limitation, sanitary, electrical, ventilation, heating and air conditioning or other systems located in, or passing through, the Premises. Except as otherwise provided in Articles 18 and 20, and subject to Tenant’s obligations in Article 14, such damage or defective condition shall be remedied by Landlord with reasonable diligence, but if such damage or defective condition was caused by Tenant or by the employees, licensees, contractors or invitees of Tenant, the cost to remedy the same shall be paid by Tenant, subject to the waiver of subrogation in this Lease. In addition, all reasonable costs incurred by Landlord in connection with the investigation of any notice given by Tenant shall be paid by Tenant if the reported damage or defective condition was caused by Tenant or by the employees, licensees, contractors, or invitees of Tenant, subject to the waiver of subrogation in this Lease. Tenant shall not be entitled to claim any eviction from the Premises or any damages arising from any such damage or defect unless the same (i) shall have been occasioned by the negligence or willful misconduct of Landlord, its agents, servants or employees and (ii) shall not, after notice to Landlord of the conditioncondition claimed to constitute negligence, have been cured or corrected within thirty (30) days a reasonable time after such notice has been received by Landlord; and in case of a claim of eviction unless such damage or defective condition shall have rendered the Premises untenantable and they shall not have been made tenantable by Landlord within the aforesaid thirty (30) daysa reasonable time.
Appears in 1 contract
Accidents to Sanitary and Other Systems. Tenant shall give to Landlord prompt notice of any fire or accident in the Premises premises or in the Building and of any damage to, or defective condition in, any and part or appurtenance of the Building including, without limitation, sanitary, electrical, ventilation, heating and air conditioning or other systems located in, or passing through, the Premisespremises. Except as otherwise provided in Articles 18 17 and 2019, and subject to Tenant’s 's obligations in Article 1413, such damage or defective condition shall be remedied by Landlord with reasonable diligence, but if such damage or defective condition was caused by Tenant or by the employees, licensees, contractors or invitees of Tenant, the cost to remedy the same shall be paid by Tenant, subject to the waiver of subrogation in this Lease. In addition, all reasonable costs incurred by Landlord in connection with the investigation of any notice given by Tenant shall be paid by Tenant if the reported damage or defective condition was caused by Tenant or by the employees, licensees, contractors, or invitees of Tenant, subject to the waiver of subrogation in this Lease. Tenant shall not be entitled to claim any eviction from the Premises premises or any damages arising from any such damage or defect unless the same (i) shall have been occasioned by the negligence or willful misconduct of the Landlord, its agents, servants or employees and (ii) shall not, after notice to Landlord of the conditioncondition claimed to constitute negligence, have been cured or corrected within thirty (30) days a reasonable time after such notice has been received by Landlord; and in case of a claim of eviction unless such damage notice or defective condition shall have rendered the Premises premises untenantable and they shall not have been made tenantable by Landlord within the aforesaid thirty (30) daysa reasonable time.
Appears in 1 contract
Accidents to Sanitary and Other Systems. 12.1 If a responsible Tenant shall give to Landlord prompt notice of any fire or accident in the Premises or in the Building and Party learns of any damage to, or defective condition in, any part or appurtenance of the Building including, without limitation, Building’s sanitary, electrical, ventilationheating, heating and air conditioning conditioning, ventilating or other systems serving, located in, or passing through, the Premises, the Tenant shall give to the Landlord prompt notice thereof. Except as otherwise provided in Articles 18 and 20, and subject to Tenant’s obligations in Article 14, Any such damage or defective condition shall be remedied by the Landlord at the Landlord’s expense with reasonable diligencediligence except to the extent the Tenant is specifically required to remedy same under the terms of this Lease, but if such damage or defective condition (other than any damage with respect to which the Tenant is relieved from liability pursuant to Section 9.3 or as a result of normal wear and tear) was caused by the use by, or negligence or willful misconduct of, any Tenant or by the employees, licensees, contractors or invitees of TenantParty, the cost to of the remedy the same thereof shall be paid by the Tenant, subject to . Except for the waiver of subrogation abatement hereinafter provided for in this Lease. In additionSection 12.1, all reasonable costs incurred by Landlord in connection with the investigation of any notice given by Tenant shall be paid by Tenant if the reported damage or defective condition was caused by Tenant or by the employees, licensees, contractors, or invitees of Tenant, subject to the waiver of subrogation in this Lease. Tenant shall not be entitled to claim any eviction from damages against the Premises or any damages Landlord arising from any such damage or defect defective condition unless the same (i) shall have been occasioned caused by the gross negligence or willful misconduct of Landlord, its agents, servants or employees any Landlord Party and (ii) the same shall not, not have been remedied by the Landlord with reasonable diligence after notice from the Tenant; nor shall the Tenant be entitled to Landlord claim any eviction by reason of the condition, have been cured or corrected within thirty (30) days after such notice has been received by Landlord; and in case of a claim of eviction unless any such damage or defective condition unless the same shall have rendered been caused by the Premises untenantable gross negligence or willful misconduct of any Landlord Party and they shall not have been made tenantable by the Landlord within a reasonable time after notice from the aforesaid Tenant. If any such damage or defective condition renders more than 500 rentable square feet of the Premises untenantable for (a) fourteen (14) days in any thirty (30) daysday period after the Tenant notifies the Landlord of such untenantability (subject to appropriate extension for force majeure events), if the remedy of such failure, inadequacy or defect is within the Landlord’s reasonable control or was caused by the sole negligence, gross negligence or willful misconduct of a Landlord Party, or (b) in all events, thirty (30) days in any sixty (60) day period after the Tenant notifies the Landlord of such untenantability, then Fixed Rent and Article 24 Rent payable in respect of the portion of the Premises rendered untenantable shall axxxx from the first day after such portion of the Premises became untenantable until such portion of the Premises is rendered tenantable; provided, that: (i) if (A) more than 25% of any full floor of the Premises is rendered untenantable as a result of such damage or defective condition and (B) the Tenant does not use any part of such floor, then Fixed Rent and Article 24 Rent payable in respect of such full floor shall be abated as aforesaid; and (ii) if (A) more than 50% of the entire Premises is rendered untenantable as a result of such damage or defective condition and (B) the Tenant does not use any part of the Premises, then Fixed Rent and Article 24 Rent payable in respect of the entire Premises shall be abated as aforesaid. If the Tenant would be entitled to an abatement under this Section 12.1 but for the fact that the Rent Commencement Date has not yet occurred, then the Rent Commencement Date for the space in question shall be shall be postponed by one (1) day for each day such abatement would have been applicable had the Rent Commencement Date occurred. Notwithstanding anything to the contrary contained in this Section 12.1, abatements under this Section 12.1 shall be made only if there is no other existing abatement relating to the space in question under any provision of this Lease. If a substantial part of the Premises is rendered untenantable as a result of such damage or defective condition and it is reasonably determined by the Landlord that such part of the Premises cannot be made tenantable within a period of fifteen (15) months after the occurrence of such damage or defective condition, then, notwithstanding anything to the contrary contained in this Section 12.1, the provisions of Section 9.2 shall control.
Appears in 1 contract
Samples: Lease (Cowen Group, Inc.)
Accidents to Sanitary and Other Systems. Tenant shall give to Landlord prompt notice of any fire or accident in the Premises or in the Building and of any damage to, or defective condition in, any part or appurtenance of the Building including, without limitation, sanitary, electrical, ventilation, heating and air conditioning or other systems located in, or passing through, the PremisesPremises of which it becomes aware. Except as otherwise provided in Articles 18 and 20, and subject to Tenant’s obligations in Article 14, such damage or defective condition shall be remedied by Landlord with reasonable diligence, but if such damage or defective condition was caused by Tenant or by the employees, licensees, contractors or invitees of Tenant, the cost to remedy the same shall be paid by Tenant, subject to the waiver of subrogation in this Lease. In addition, all reasonable costs incurred by Landlord in connection with the investigation of any notice given by Tenant shall be paid by Tenant if the reported damage or defective condition was caused by Tenant or by the employees, licensees, contractors, or invitees of Tenant, subject to the waiver of subrogation in this Lease. Tenant shall not be entitled to claim any eviction from the Premises or any damages arising from any such damage or defect unless the same (i) and until Landlord shall have been occasioned by the negligence failed to commence to perform such obligations hereunder relating to such damage or willful misconduct of Landlord, its agents, servants or employees and (ii) shall not, after notice to Landlord of the condition, have been cured or corrected defect within thirty (30) days days, or such additional time as is reasonably required to correct any such default, after notice by Tenant to Landlord properly specifying wherein Landlord has failed to perform any such notice has been received by Landlordobligation; and in case of a claim of eviction unless such damage or defective condition shall have rendered the Premises untenantable and they shall not have been made tenantable by Landlord within the aforesaid thirty (30) daysa reasonable time.
Appears in 1 contract
Samples: Lease Agreement (Enumeral Biomedical Holdings, Inc.)
Accidents to Sanitary and Other Systems. 12.1. The Tenant shall give to the Landlord prompt notice of any fire or accident in the Premises or in the Building and of any damage to, or defective condition in, any part or appurtenance of the Building including, without limitation, Building's sanitary, electrical, ventilationheating, heating and air conditioning conditioning, ventilating or other systems serving, located in, or passing through, the Premises. Except as otherwise provided in Articles 18 and 20, and subject to Tenant’s obligations in Article 14, Any such damage or defective condition shall be he remedied by the Landlord with reasonable diligencediligence except to the extent Tenant is specifically required to remedy same under the terms of this Lease, but if such damage or defective condition (other than any damage with respect to which the Tenant is relieved from liability pursuant to Section 9.3) was caused by Tenant by, or by the employeesuse by, licenseesany Tenant Party or is with respect to any Fixture, contractors installed by or invitees at the request of TenantTenant or in connection with the initial build-out of the Premises, the cost to of the remedy the same thereof shall be paid by Tenant, subject to the waiver of subrogation in this LeaseTenant upon demand. In addition, all reasonable costs incurred by Landlord in connection with the investigation of any notice given by Tenant shall be paid by Tenant if the reported damage or defective condition was caused by Tenant or by the employees, licensees, contractors, or invitees of Tenant, subject to the waiver of subrogation in this Lease. The Tenant shall not be entitled to claim any eviction from damages against the Premises or any damages Landlord arising from any such damage or defect defective condition unless the same (i) shall have been occasioned caused by the gross negligence or willful misconduct of Landlord, its agents, servants the Landlord in the operation or employees maintenance of the Premises or the Building and (ii) the same shall not, not have been remedied by the Landlord with reasonable diligence after notice from the Tenant; nor shall the Tenant be entitled to Landlord claim any damages against any other party (including, without limitation, any third party vendor or other supplier of services to the condition, have been cured or corrected within thirty (30Landlord) days after such notice has been received by Landlord; and in case of a claim of eviction unless arising from any such damage or defective condition unless the same shall have rendered been caused by the gross negligence or willful misconduct of such party in the operation or maintenance of the Premises untenantable or the Building and they the same shall not have been remedied by such party with reasonable diligence after notice thereof; nor shall the Tenant be entitled to claim any eviction by reason of any such damage or defective condition unless the same shall have been caused by the gross negligence or willful misconduct of the Landlord in the operation or maintenance of the Premises or the Building and shall not have been made tenantable by the Landlord within a reasonable time after notice from the aforesaid thirty (30) daysTenant.
Appears in 1 contract
Accidents to Sanitary and Other Systems. Tenant shall give to Landlord prompt notice of any fire or accident in the Premises or in the Building and of any damage to, or defective condition in, any part or appurtenance of the Building including, without limitation, sanitary, electrical, electrical ventilation, heating and air conditioning or other systems located in, or passing through, the Premises. Except as otherwise provided in Articles 18 and 20, and subject to Tenant’s 's obligations in Article 14, such damage or defective condition shall be remedied by Landlord with reasonable diligence, but if such damage or defective condition was caused by Tenant or by the employees, licensees, contractors or invitees of Tenant, the cost to remedy the same shall be paid by Tenant, subject to the waiver of subrogation in this Lease. In addition, all reasonable costs incurred by Landlord in connection with the investigation of any notice given by Tenant shall be paid by Tenant if the reported damage or defective condition was caused by Tenant or by the employees, licensees, contractors, or invitees of Tenant, subject to the waiver of subrogation in this Leasetenant. Tenant shall not be entitled to claim any eviction from the Premises or any damages arising from any such damage or defect unless the same (i) shall have been occasioned by the negligence or willful intentional misconduct of the Landlord, its agents, servants or employees and (ii) shall not, after notice to Landlord of the conditioncondition claimed to constitute negligence or intentional misconduct, have been cured or corrected within thirty (30) days a reasonable time after such notice has been received by Landlord; and in case of a claim of eviction unless such damage or defective condition shall have rendered the Premises untenantable for a period in excess of ninety (90) days and they shall not have been made tenantable by Landlord within the aforesaid thirty (30) daysa reasonable time.
Appears in 1 contract
Samples: Lease Agreement (Cambex Corp)
Accidents to Sanitary and Other Systems. The Tenant shall give to the Landlord prompt notice of any fire or accident in the Premises or in the Building and of any damage to, or defective condition in, any part or appurtenance of the Building including, without limitation, Building's sanitary, electrical, ventilationheating, heating and air conditioning conditioning, ventilating or other systems serving, located in, or passing through, the Premisespremises. Except as otherwise provided in Articles 18 and 20, and subject to Tenant’s obligations in Article 14, Any such damage or defective condition shall be remedied by the Landlord with reasonable diligence, but if such damage or defective condition (other than any such damage with respect to which the Tenant is relieved from liability pursuant to the third paragraph of Article Ninth hereof) was caused by the negligence, or by the negligent use by, the Tenant or by the employees, licensees, contractors licensees or invitees of the Tenant, or is with respect to any fixture, equipment, improvement or installation removable by the Tenant as provided in Article Fourth hereof, the cost to of the remedy the same thereof shall be paid by Tenant, subject to the waiver of subrogation in this LeaseTenant upon demand. In addition, all reasonable costs incurred by Landlord in connection with the investigation of any notice given by Tenant shall be paid by Tenant if the reported damage or defective condition was caused by Tenant or by the employees, licensees, contractors, or invitees of Tenant, subject to the waiver of subrogation in this Lease. The Tenant shall not be entitled to claim any eviction from damages against the Premises or any damages Landlord arising from any such damage or defect defective condition unless the same (i) shall have been occasioned caused by the negligence of the Landlord in the operation or willful misconduct maintenance of Landlord, its agents, servants the premises or employees the Building and (ii) the same shall not, not have been remedied by the Landlord with reasonable diligence after notice thereof from the Tenant to Landlord of the condition, have been cured or corrected within thirty (30) days after such notice has been received by Landlord; and in case nor shall the Tenant be entitled to claim any damages against any other party (including, without limitation, any third party vendor or other supplier of a claim of eviction unless services to the Landlord) arising from any such damage or defective condition unless the same shall have rendered been caused by the Premises untenantable negligence of such party in the operation or maintenance of the premises or the Building and they the same shall not have been remedied by such party with reasonable diligence after notice thereof; nor shall the Tenant be entitled to claim any eviction by reason of any such damage or defective condition unless the same shall have been caused by the negligence of the Landlord in the operation or maintenance of the premises or the Building and shall not have been made tenantable by the Landlord within a reasonable time after notice thereof from the aforesaid thirty (30) daysTenant to the Landlord.
Appears in 1 contract
Samples: Sublease (Abacus Direct Corp)
Accidents to Sanitary and Other Systems. 12.1. The Tenant shall give to the Landlord prompt notice of any fire or accident in the Premises or in the Building and of any damage to, or defective condition in, any part or appurtenance of the Building including, without limitation, Building's sanitary, electrical, ventilationheating, heating and air conditioning conditioning, ventilating or other systems serving, located in, or passing through, the PremisesPremises of which the Tenant becomes aware. Except as otherwise provided in Articles 18 and 20, and subject to Tenant’s obligations in Article 14, Any such damage or defective condition shall be remedied by the Landlord with reasonable diligence, but if except to the extent the Tenant is specifically obligated to remedy same under the terms of this Lease. Without limiting the generality of the immediately preceding sentence, the Tenant shall be obligated to remedy all damage and defective conditions (other than any damage with respect to which the Tenant is relieved from liability pursuant to Section 9.3 above) (a) caused by the negligence or wilful misconduct of any Tenant Party or (b) relating to, or in any manner arising out of, the installation of any Fixture by or at the request of Tenant or in connection with the initial build-out of the Premises; and, in the case of both clause (a) or clause (b) above, the Tenant shall reimburse to the Landlord upon demand all reasonable costs paid or incurred by the Landlord to remedy such damage or defective condition was caused by Tenant or by the employees, licensees, contractors or invitees of Tenant, the cost to remedy the same shall be paid by Tenant, subject to the waiver of subrogation in this Leaseconditions. In addition, all reasonable costs incurred by Landlord in connection with the investigation of any notice given by Tenant shall be paid by Tenant if the reported damage or defective condition was caused by Tenant or by the employees, licensees, contractors, or invitees of Tenant, subject to the waiver of subrogation in this Lease. The Tenant shall not be entitled to claim any eviction from damages against the Premises or any damages Landlord arising from any such damage or defect unless defective condition, except to the extent that the same (i) shall have been occasioned caused by the negligence or willful wilful misconduct of Landlord, its agents, servants or employees any Landlord Party and (ii) the same shall not, not have been remedied by the Landlord with reasonable diligence after notice from the Tenant to Landlord the Landlord; nor shall the Tenant be entitled to claim any damages against any other party (including, without limitation, any third party vendor or other supplier of services to the Landlord) arising from any such damage or defective condition, except to the extent that the same shall have been cured caused by the negligence or corrected within thirty (30) days wilful misconduct of such party and the same shall not have been remedied by such party with reasonable diligence after such notice has been received by thereof from the Tenant to the Landlord; and in case nor shall the Tenant be entitled to claim any eviction by reason of a claim of eviction any such damage or defective condition unless such damage or defective condition shall have rendered been caused by the Premises untenantable negligence or willful misconduct of any Landlord Party and they the Landlord shall not have been made tenantable by Landlord cured the same within a reasonable time after notice from the aforesaid thirty (30) daysTenant to the Landlord. Nothing in this Section 12.1 is intended to limit or affect any abatement of rent to which the Tenant is entitled pursuant to any other provision of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Cd Radio Inc)
Accidents to Sanitary and Other Systems. Tenant 12.1. The Tenant, on acquiring knowledge thereof, shall give to the Landlord prompt notice of any fire or accident in the Premises or in the Building and of any damage to, or defective condition in, any part or appurtenance of the Building including, without limitation, Building’s sanitary, electrical, ventilationheating, heating and air conditioning conditioning, ventilating or other systems serving, located in, or passing through, the Premises. Except as otherwise provided in Articles 18 and 20, and subject to Tenant’s obligations in Article 14, Any such damage or defective condition shall be remedied by the Landlord with reasonable diligencediligence except to the extent the Tenant is specifically required to remedy same under the terms of this Lease, but if such damage or defective condition (other than any damage with respect to which the Tenant is relieved from liability pursuant to Section 9.3) was caused by Tenant by, or by the employeesimproper use by, licensees, contractors any Tenant Party or invitees is with respect to any Fixture installed by or at the request of the Tenant (not including Landlord’s Work) or as part of Tenant’s Initial Alterations or any subsequent Alteration, the reasonable cost to of the remedy the same thereof shall be paid by Tenant, subject to the waiver of subrogation in this LeaseTenant within 30 days after demand. In addition, all reasonable costs incurred by Landlord in connection with the investigation of any notice given by Tenant shall be paid by Tenant if the reported damage or defective condition was caused by Tenant or by the employees, licensees, contractors, or invitees of Tenant, subject to the waiver of subrogation in this Lease. The Tenant shall not be entitled to claim any eviction from damages against the Premises or any damages Landlord arising from any such damage or defect unless defective condition except to the extent that the same (i) shall have been occasioned caused by the negligence of the Landlord in the operation or willful misconduct maintenance of Landlord, its agents, servants the Premises or employees the Building and (ii) the same shall not, not have been remedied by the Landlord with reasonable promptness and diligence after notice from the Tenant; nor shall the Tenant be entitled to Landlord claim any damages against any other party (including, without limitation, any third-party vendor or other supplier of services to the condition, have been cured or corrected within thirty (30Landlord) days after such notice has been received by Landlord; and in case of a claim of eviction unless arising from any such damage or defective condition except to the extent that the same shall have rendered been caused by the negligence of such party in the operation or maintenance of the Premises untenantable or the Building and they the same shall not have been remedied by such party with reasonable promptness and diligence after notice thereof; nor shall the Tenant be entitled to claim any eviction by reason of any such damage or defective condition unless the same shall have been directly caused by the negligence of the Landlord in the operation or maintenance of the Premises or the Building and shall not have been made tenantable by the Landlord within with reasonable promptness and diligence after notice from the aforesaid thirty (30) daysTenant.
Appears in 1 contract
Samples: Lease Agreement (Lazard LTD)
Accidents to Sanitary and Other Systems. Tenant shall give to Landlord prompt notice of any fire or accident in the Premises or in the Building and of any damage to, or defective condition in, any part or appurtenance of the Building including, without limitation, sanitary, electrical, ventilation, heating and air conditioning or other systems located in, or passing through, the Premises. Except as otherwise provided in Articles 18 and 20, and subject to Tenant’s obligations in Article 14, such damage or defective condition shall be remedied by Landlord with reasonable diligence, but if such damage or defective condition was caused solely by Tenant or by the employees, licensees, contractors or invitees of Tenant, the cost to remedy the same shall be paid by Tenant, subject to the waiver of subrogation in this Lease. In addition, all reasonable costs incurred by Landlord in connection with the investigation of any notice given by Tenant shall be paid by Tenant if the reported damage or defective condition was caused by Tenant or by the employees, licensees, contractors, or invitees of Tenant, subject to the waiver of subrogation in this Lease. Tenant shall not be entitled to claim any eviction from the Premises or any damages arising from any such damage or defect unless the same (ia) shall have been occasioned by the negligence or willful misconduct of the Landlord, its agents, servants or employees and (iib) shall not, after notice to Landlord of the conditioncondition claimed to constitute negligence, have been cured or corrected within thirty (30) days a reasonable time after such notice has been received by Landlord; and in case of a claim of eviction unless such damage or defective condition shall have rendered the Premises untenantable and they shall not have been made tenantable by Landlord within the aforesaid thirty (30) daysa reasonable time.
Appears in 1 contract
Samples: Lease (Gritstone Bio, Inc.)
Accidents to Sanitary and Other Systems. Tenant shall give to Landlord prompt notice of any fire or accident in the Premises premises within or in passing through the Building premises and of any damage to, or defective condition in, any part or appurtenance of the Building including, without limitation, sanitary, electrical, ventilation, heating and air conditioning or other systems located in, or passing through, the Premisespremises of which Tenant has knowledge. Except as otherwise provided in Articles 18 and 20, and subject to Tenant’s 's obligations in Article 14, such damage or defective condition shall be remedied by Landlord with reasonable diligence, but if such damage or defective condition was caused by Tenant or by the employees, licensees, contractors or invitees of Tenant, the cost to remedy the same shall be paid by Tenant, subject to the waiver of subrogation in this LeaseArticle 19. In addition, all reasonable costs incurred by Landlord in connection with the investigation of any notice given by Tenant shall be paid by Tenant if the reported damage or defective condition was caused by Tenant or by the employees, licensees, contractors, or invitees of Tenant, subject . Subject to the waiver of subrogation in this Lease. Articles 8.8 and 15.6: (i) Tenant shall not be entitled to claim any eviction from the Premises or any damages arising from any such damage or defect unless the same (i) shall have been occasioned by the negligence or willful misconduct of the Landlord, its agents, servants servants, employees, or employees contractors, and (ii) Tenant shall not be entitled to claim any eviction from the premises arising from such damage or defect unless the same shall have been occasioned by the negligence or willful misconduct of the Landlord, its agents, servants, employees, or contractors, and shall not, after notice to Landlord of the conditioncondition claimed to constitute negligence, have been cured or corrected within thirty (30) days a reasonable time after such notice has been received by Landlord; and in case of a claim of eviction unless such damage or defective condition shall have rendered the Premises untenantable and they shall not have been made tenantable by Landlord within the aforesaid thirty (30) days.
Appears in 1 contract
Samples: Lease Agreement (Edocs Inc)
Accidents to Sanitary and Other Systems. Tenant shall give to Landlord prompt notice of any fire or accident in the Premises or in the Building and of any damage to, or defective condition in, any part or appurtenance of the Building including, without limitation, sanitary, electrical, ventilation, heating and air conditioning or other systems located in, or passing through, the Premises. Except as otherwise provided in Articles 18 and 20, and subject to Tenant’s obligations in Article 14, such damage or defective condition shall be remedied by Landlord with reasonable diligence, and shall complete any such repair within thirty (30) days or such longer time as reasonably necessary, but if such damage or defective condition was caused by Tenant or by the employees, licensees, contractors or invitees of Tenant, the cost to remedy the same shall be paid by Tenant, subject to the waiver of subrogation in this LeaseXxxxxx. In addition, all reasonable costs incurred by Landlord in connection with the investigation of any notice given by Tenant shall be paid by Tenant if the reported damage or defective condition was caused by Tenant or by the employees, licensees, contractors, or invitees of Tenant, subject to the waiver of subrogation in this Lease. Tenant shall not be entitled to claim any eviction from the Premises or any damages arising from any such damage or defect unless the same (i) shall have been occasioned by the negligence or willful misconduct of Landlord, its agents, servants or employees and (ii) shall not, after notice to Landlord of the conditioncondition claimed to constitute negligence, have been cured or corrected within thirty (30) days or such longer time as reasonably necessary after such notice has been received by Landlord; and in case of a claim of eviction unless such damage or defective condition shall have rendered the Premises untenantable and they shall not have been made tenantable by Landlord within the aforesaid thirty (30) daysperiod.
Appears in 1 contract
Accidents to Sanitary and Other Systems. 12.1. The Tenant shall give to the Landlord prompt notice of any fire or accident in the Premises or in the Building and of any damage to, or defective condition in, any part or appurtenance of the Building including, without limitation, Building's sanitary, electrical, ventilationheating, heating and air conditioning conditioning, ventilating or other systems serving, located in, or passing through, the Premises. Except as otherwise provided in Articles 18 and 20, and subject to Tenant’s obligations in Article 14, Any such damage or defective condition shall be remedied by the Landlord with reasonable diligencediligence except to the extent Tenant is specifically required to remedy same under the terms of this Lease, but if such damage or defective condition (other than any damage with respect to which the Tenant is relieved from liability pursuant to Section 9.3.) was caused by Tenant by, or by the employeesuse by, licenseesany Tenant Party or is with respect to any Fixture, contractors installed by or invitees at the request of TenantTenant or in connection with the initial build-out of the Premises, the cost to of the remedy the same thereof shall be paid by Tenant, subject to the waiver of subrogation in this LeaseTenant upon demand. In addition, all reasonable costs incurred by Landlord in connection with the investigation of any notice given by Tenant shall be paid by Tenant if the reported damage or defective condition was caused by Tenant or by the employees, licensees, contractors, or invitees of Tenant, subject to the waiver of subrogation in this Lease. The Tenant shall not be entitled to claim any eviction from damages against the Premises or any damages Landlord arising from any such damage or defect defective condition unless the same (i) shall have been occasioned caused solely by the gross negligence or willful misconduct of Landlord, its agents, servants the Landlord in the operation or employees maintenance of the Premises or the Building and (ii) the same shall not, not have been remedied by the Landlord with reasonable diligence after notice from the Tenant; nor shall the Tenant be entitled to Landlord claim any damages against any other party (including, without limitation, any third party vendor or other supplier of services to the condition, have been cured or corrected within thirty (30Landlord) days after such notice has been received by Landlord; and in case of a claim of eviction unless arising from any such damage or defective condition unless the same shall have rendered been caused solely by the gross negligence or willful misconduct of such party in the operation or maintenance of the Premises untenantable or the Building and they the same shall not have been remedied by such party with reasonable diligence after notice thereof; nor shall the Tenant be entitled to claim any eviction by reason of any such damage or defective condition unless the same shall have been caused solely by the gross negligence or willful misconduct of the Landlord in the operation or maintenance of the Premises or the Building and shall not have been made tenantable by the Landlord within a reasonable time after notice from the aforesaid thirty (30) daysTenant.
Appears in 1 contract
Accidents to Sanitary and Other Systems. Tenant shall give to --------------------------------------- Landlord prompt notice of any fire or accident in the Demised Premises or in the Building and of any damage to, or defective condition in, any part or appurtenance of the Building including, without limitation, Building's sanitary, electrical, ventilation, heating and air conditioning or other systems located in, or passing through, the Demised Premises. Except as otherwise provided in Articles 18 and 20, and subject to Tenant’s obligations in Article 14, such the damage or of defective condition shall be remedied by Landlord with reasonable diligence, but if such damage or defective condition was caused by Tenant or by the employees, licensees, contractors or invitees of Tenant, the cost to remedy the same shall be paid by Tenant, subject to the waiver of subrogation in this Lease. In addition, all reasonable costs incurred by Landlord in connection with the investigation of any notice given by Tenant shall be paid by Tenant if the reported damage or defective condition was caused by Tenant or by the employees, licensees, contractors, or invitees of Tenant, subject to the waiver of subrogation in this Lease. Tenant shall not be entitled to claim any eviction from the Demised Premises or any damages arising from any all such damage or defect unless the same (i) shall have been occasioned by the negligence or willful misconduct of Landlord, its agents, servants or employees and (ii) shall not, after notice to Landlord of the conditioncondition claimed to constitute negligence, have been cured or corrected within thirty (30) days a reasonable time after such notice has his been received by Landlord; and in case of a claim of eviction unless such damage or defective condition shall have rendered the Demised Premises untenantable and they shall not have been made tenantable by Landlord within the aforesaid thirty (30) daysa reasonable time. Landlord agrees to diligently work to correct such damage or defect, except as otherwise provided herein.
Appears in 1 contract
Accidents to Sanitary and Other Systems. Tenant shall give to Landlord prompt notice of any fire or accident in the Premises or in the Building and of any damage to, or defective condition in, any part or appurtenance of the Building including, without limitation, sanitary, electrical, electrical ventilation, heating and air conditioning or other systems located in, or passing through, the Premises. Except as otherwise provided in Articles 18 and 20, and subject to Tenant’s 's obligations in Article 14, such damage or defective condition shall be remedied by Landlord with reasonable diligence, but if such damage or defective condition was caused by Tenant or by the employees, licensees, contractors or invitees of Tenant, the cost to remedy the same shall be paid by Tenant, subject to the waiver of subrogation in this Lease. In addition, all reasonable costs incurred by Landlord in connection with the investigation of any notice given by Tenant shall be paid by Tenant if the reported damage or defective condition was caused by Tenant or by the employees, licensees, contractors, contractors or invitees of Tenant, subject to the waiver of subrogation in this Lease. Tenant shall not be entitled to claim any eviction from the Premises or any damages arising from any such damage or defect unless the same (i) shall have been occasioned by the gross negligence or willful misconduct of the Landlord, its agents, servants or employees and (ii) shall not, after notice to Landlord of the conditioncondition claimed to constitute gross negligence, have been cured or corrected within thirty (30) days a reasonable time after such notice has been received by Landlord; and in case of a claim of eviction unless such damage or defective condition shall have rendered the Premises untenantable for a period in excess of sixty (60) days and they shall not have been made tenantable by Landlord within the aforesaid thirty (30) daysa reasonable time.
Appears in 1 contract
Accidents to Sanitary and Other Systems. The Tenant shall give to the Landlord prompt notice of any fire or accident in the Premises or in the Building and of any damage to, to or defective condition in, any part or appurtenance of the Building including, without limitation, Building's sanitary, electrical, ventilationheating, heating and air conditioning or other systems serving, located in, or passing through, the Premisespremises. Except as otherwise provided in Articles 18 and 20, and subject to Tenant’s obligations in Article 14, Any such damage or defective condition shall be remedied by the Landlord with reasonable diligencediligence (and all work done by the Landlord in connection therewith shall be performed in a good and workmanlike manner and in such a way so as to minimize the interference to the Tenant's use and occupancy of, and ability to conduct its business in, the premises), but if such damage or defective condition (other than any such damage with respect to which the Tenant is relieved from liability pursuant to the third paragraph of Article Ninth hereof) was caused by, or by the use by, the Tenant or by the employees, licensees, contractors licensees or invitees of the Tenant, or is with respect to any fixture, equipment, improvement or installation removable by the Tenant as provided in Article Fourth hereof, the cost to of the remedy the same thereof shall be paid by Tenant, subject to the waiver of subrogation in this LeaseTenant upon demand. In addition, all reasonable costs incurred by Landlord in connection with the investigation of any notice given by Tenant shall be paid by Tenant if the reported damage or defective condition was caused by Tenant or by the employees, licensees, contractors, or invitees of Tenant, subject to the waiver of subrogation in this Lease. The Tenant shall not be entitled to claim any eviction from the Premises or any damages arising from any such damage or defect defective condition unless the same (i) shall have been occasioned caused by the negligence or willful wilful misconduct of Landlord, its agents, servants the Landlord in the operation or employees maintenance of the premises or the Building and (ii) the same shall not, not have been remedied by the Landlord with reasonable diligence after notice thereof from the Tenant to Landlord of the condition, have been cured or corrected within thirty (30) days after such notice has been received by Landlord; and in case nor shall the Tenant be entitled to claim any eviction by reason of a claim of eviction unless any such damage or defective condition unless the same shall have been caused by the negligence of the Landlord in the operation or maintenance of the premises or the Building and shall have rendered the Premises premises untenantable and they the premises shall not have been made tenantable by the Landlord within a reasonable time after notice thereof from the aforesaid thirty (30) daysTenant to the Landlord.
Appears in 1 contract