Common use of By Tenant Clause in Contracts

By Tenant. Tenant shall act with care in its use and occupancy of the Leased Premises and the fixtures therein and, at Tenant's sole cost and expense, shall make all repairs and replacements to the Leased Premises, structural or otherwise, necessitated or caused by the acts, omissions or negligence of Tenant or any Person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy of the Leased Premises by Tenant or any such Person; however the foregoing provisions of this subsection shall be subject to the provisions of Section 13. Without affecting Tenant's obligations set forth in the preceding sentence, Tenant, at Tenant's sole cost and expense, shall also (i) make all repairs and replacements, as and when necessary, to Tenant's Special Installations and to any Alterations made or performed by or on behalf of Tenant or any Person claiming through or under Tenant, (ii) perform all maintenance and make all repairs and replacements, as and when necessary, to any air-conditioning equipment, private elevators, escalators, conveyors or mechanical systems (other than the standard equipment and systems serving the Building) which may be installed in the Leased Premises, or elsewhere in the Building and serving the Leased Premises, by Landlord, Tenant or others, (iii) perform all maintenance and make all repairs and replacements, as and when necessary, to the antennas and satellite dishes installed by Tenant on the roof of the Building and make all repairs to the roof caused by such installation, and (iv) perform regular cleaning and janitorial services in the double-secured areas of the Leased Premises. However, except as otherwise provided in this Lease, Tenant shall not have any right to install air-conditioning equipment, elevators, escalators, conveyors or mechanical systems. In addition to the foregoing, all damage or injury to the Leased Premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property by Tenant shall be repaired, restored or replaced promptly by Tenant, at its sole cost and expense, to the reasonable satisfaction of Landlord. All such aforesaid repairs, restoration and replacements shall be in quality and class equal to the original work or installation but in no event need exceed Building standards.

Appears in 2 contracts

Samples: Deed of Lease (Icf Kaiser International Inc), Deed of Lease (Icf Kaiser International Inc)

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By Tenant. Tenant shall act not do anything or permit anything to be done in or about the Premises which will in any way conflict with care any law, statute, ordinance or other governmental rule, regulation or requirement now in force or which may hereafter be enacted or promulgated (collectively, “Applicable Laws”). At its use and occupancy of the Leased Premises and the fixtures therein and, at Tenant's sole cost and expense, Tenant shall make promptly comply with all repairs and replacements Applicable Laws which relate to the Leased Premises, structural or otherwise, necessitated or caused by the acts, omissions or negligence of Tenant or any Person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy of the Leased Premises by Tenant or any such Person; however the foregoing provisions of this subsection shall be subject to the provisions of Section 13. Without affecting Tenant's obligations set forth in the preceding sentence, Tenant, at Tenant's sole cost and expense, shall also (i) make all repairs and replacements, as and when necessary, to Tenant's Special Installations and to any Alterations made or performed by or on behalf ’s use of Tenant or any Person claiming through or under Tenantthe Premises, (ii) perform all maintenance any Alterations made by Tenant to the Premises, and make all repairs and replacements, as and when necessary, to any air-conditioning equipment, private elevators, escalators, conveyors or mechanical systems (other than the standard equipment and systems serving the Building) which may be installed Improvements in the Leased Premises, or elsewhere in the Building and serving the Leased Premises, by Landlord, Tenant or others, (iii) perform all maintenance and make all repairs and replacementsthe Base Building, but as and when necessary, to the antennas and satellite dishes installed Base Building, only to the extent such obligations are triggered by Alterations made by Tenant on to the roof Premises to the extent such Alterations are not normal and customary business office improvements in Comparable Buildings, or triggered by the Improvements to the extent such Improvements are not normal and customary business office improvements, or triggered by Tenant’s use of the Building and make all repairs Premises for non-general office use. Tenant shall not, however, be responsible for the cost of complying with Applicable Laws to the roof caused by extent that any such installation, and (iv) perform regular cleaning and janitorial services in the double-secured areas compliance is required as a result of the Leased Premises. However, except Base Building failing to comply with Applicable Laws in effect as otherwise provided in this Lease, Tenant shall not have any right to install air-conditioning equipment, elevators, escalators, conveyors or mechanical systems. In addition to the foregoing, all damage or injury to the Leased Premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building Delivery Date. Should any standard or regulation now or hereafter be imposed on Landlord or Tenant by installation a state, federal or removal local governmental body charged with the establishment, regulation and enforcement of furnitureoccupational, fixtures health or other property by safety standards for employers, employees, landlords or tenants, then Tenant shall be repaired, restored or replaced promptly by Tenantagrees, at its sole cost and expense, to comply promptly with such standards or regulations to the reasonable satisfaction extent they apply to Tenant’s use or occupancy of Landlordthe Premises. All such aforesaid repairs, restoration and replacements Tenant shall be in quality responsible, at its sole cost and class equal expense, to make all alterations to the original work Premises as are required to comply with the governmental rules, regulations, requirements or installation but standards described in no event need exceed Building standardsthis Article 24 with which Tenant is responsible for compliance. The judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether Landlord is a party thereto, that Tenant has violated any of said governmental measures, shall be conclusive of that fact as between Landlord and Tenant. Tenant shall promptly pay all fines, penalties and damages that may arise out of or be imposed because of its failure to comply with the provisions of this Article 24. For purposes of Section 1938 of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Premises have not undergone inspection by a Certified Access Specialist (CASp).

Appears in 2 contracts

Samples: Office Lease (Dropbox, Inc.), Office Lease (Dropbox, Inc.)

By Tenant. Tenant shall act not make or permit to be made any Alterations without Landlord's prior written consent, which as to any Major Alterations may be given or withheld in Landlord's sole discretion. All Alterations shall be performed only by contractors, engineers or architects approved by Landlord, and shall be made in accordance with care complete and detailed architectural, mechanical and engineering plans and specifications approved in writing by Landlord. Landlord shall not unreasonably withhold or delay its use and occupancy approval of the Leased Premises and the fixtures therein andany such contractors, engineers, architects, plans or specifications. All such Alterations, once so approved, shall be made, constructed or installed by Tenant at Tenant's sole cost and expense, shall be performed in good and workmanlike manner using new materials of good quality and shall comply with all Requirements. Tenant shall not commence the making of any such Alterations until (a) all required governmental approvals and permits shall have been obtained, (b) all requirements regarding insurance imposed by this Lease have been satisfied, (c) Tenant shall have given Landlord at least five (5) Business Days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (d) any and all conditions to Landlord's approval of such work have been satisfied to Landlord's reasonable satisfaction. Tenant shall not make all repairs and replacements any Alterations to the Leased PremisesOutside Areas. As used in this Article, structural Alterations shall include the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or otherwisethe like. As a part of granting Landlord's approval for Tenant to make Alterations, necessitated Landlord may require that Tenant remove any such Alterations prior to the expiration or earlier termination of the Term and repair any damage caused by such removal or restore the acts, omissions or negligence of Tenant or any Person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy of the Leased Premises by Tenant or any such Person; however the foregoing provisions of this subsection shall be subject to the provisions of Section 13. Without affecting Tenant's obligations set forth in the preceding sentence, Tenant, at Tenant's sole cost and expense, shall also (i) make all repairs and replacements, as and when necessary, to Tenantcost. At Landlord's Special Installations and to any Alterations made or performed by or on behalf of Tenant or any Person claiming through or under Tenant, (ii) perform all maintenance and make all repairs and replacements, as and when necessary, to any air-conditioning equipment, private elevators, escalators, conveyors or mechanical systems (other than the standard equipment and systems serving the Building) which may be installed in the Leased Premises, or elsewhere in the Building and serving the Leased Premises, by Landlord, Tenant or others, (iii) perform all maintenance and make all repairs and replacements, as and when necessary, to the antennas and satellite dishes installed by Tenant on the roof of the Building and make all repairs to the roof caused by such installation, and (iv) perform regular cleaning and janitorial services in the double-secured areas of the Leased Premises. However, except as otherwise provided in this Leaserequest, Tenant shall not have any right pay Landlord's actual out-of-pocket costs to install air-conditioning equipment, elevators, escalators, conveyors or mechanical systems. In addition to inspect the foregoing, all damage or injury to the Leased Premises construction of Tenant's Alterations and to its fixtures, appurtenances and equipment or have Landlord's architect revise Landlord's drawings to show the Building or to its fixtures, appurtenances and equipment caused work performed by Tenant moving property in or out and may require payment of an administrative fee for Landlord's involvement with such Alterations, which fee shall not exceed two percent (2%) of the Building or by installation or removal cost of furniture, fixtures or other property by Tenant shall be repaired, restored or replaced promptly by Tenant, at its sole cost and expense, to the reasonable satisfaction of Landlord. All each such aforesaid repairs, restoration and replacements shall be in quality and class equal to the original work or installation but in no event need exceed Building standardsAlteration.

Appears in 2 contracts

Samples: Lease Agreement (Forescout Technologies, Inc), Lease Agreement (Forescout Technologies, Inc)

By Tenant. Tenant shall act not do anything or permit anything to be done in or about the Premises which will in any way conflict with care any law, statute, ordinance or other governmental rule, regulation or requirement now in force or which may hereafter be enacted or promulgated (collectively, “Applicable Laws”). At its use and occupancy of the Leased Premises and the fixtures therein and, at Tenant's sole cost and expense, Tenant shall make promptly comply with all repairs and replacements Applicable Laws which relate to the Leased Premises, structural or otherwise, necessitated or caused by the acts, omissions or negligence of Tenant or any Person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy of the Leased Premises by Tenant or any such Person; however the foregoing provisions of this subsection shall be subject to the provisions of Section 13. Without affecting Tenant's obligations set forth in the preceding sentence, Tenant, at Tenant's sole cost and expense, shall also (i) make all repairs and replacements, as and when necessary, to Tenant's Special Installations and to any Alterations made or performed by or on behalf ’s use of Tenant or any Person claiming through or under Tenantthe Premises, (ii) perform all maintenance any Alterations made by Tenant to the Premises, and make all repairs and replacements, as and when necessary, to any air-conditioning equipment, private elevators, escalators, conveyors or mechanical systems (other than the standard equipment and systems serving the Building) which may be installed Improvements in the Leased Premises, or elsewhere in the Building and serving the Leased Premises, by Landlord, Tenant or others, (iii) perform all maintenance and make all repairs and replacementsthe Base Building, but as and when necessary, to the antennas and satellite dishes installed Base Building, only to the extent such obligations are triggered by Alterations made by Tenant on to the roof Premises to the extent such Alterations are not normal and customary business office improvements in Comparable Buildings, or triggered by the Improvements to the extent such Improvements are not normal and customary business office improvements, or triggered by Tenant’s use of the Building and make all repairs Premises for non-general office use. Tenant shall not, however, be responsible for the cost of complying with Applicable Laws to the roof caused by extent that any such installation, and (iv) perform regular cleaning and janitorial services in the double-secured areas compliance is required as a result of the Leased Premises. However, except Base Building failing to comply with Applicable Laws in effect as otherwise provided in this Lease, Tenant shall not have any right to install air-conditioning equipment, elevators, escalators, conveyors or mechanical systems. In addition to the foregoing, all damage or injury to the Leased Premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building Delivery Date. Should any standard or regulation now or hereafter be imposed on Landlord or Tenant by installation a state, federal or removal local governmental body charged with the establishment, regulation and enforcement of furnitureoccupational, fixtures health or other property by safety standards for employers, employees, landlords or tenants, then Tenant shall be repaired, restored or replaced promptly by Tenantagrees, at its sole cost and expense, to comply promptly with such standards or regulations to the reasonable satisfaction extent they apply to Tenant’s use or occupancy of Landlordthe Premises. All such aforesaid repairs, restoration and replacements Tenant shall be in quality responsible, at its sole cost and class equal expense, to make all alterations to the original work Premises as are required to comply with the governmental rules, regulations, requirements or installation but standards described in no event need exceed Building standardsthis Article 24 with which Tenant is responsible for compliance. The judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether Landlord is a party thereto, that Tenant has violated any of said governmental measures, shall be conclusive of that fact as between Landlord and Tenant. Tenant shall promptly pay all fines, penalties and damages that may arise out of or be imposed because of its failure to comply with the provisions of this Article 24.

Appears in 2 contracts

Samples: Lease Agreement (Dropbox, Inc.), Lease Agreement (Dropbox, Inc.)

By Tenant. Tenant shall act with care in its use and occupancy not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and the fixtures therein andspecifications therefor, which approval may not be unreasonably withheld, delayed or conditioned. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant's sole expense (including all permit fees and governmental charges related thereto), using a licensed contractor in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied and (iii) Tenant shall have given Landlord at lease five business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building. Notwithstanding the foregoing, Tenant, without Landlord's prior written consent, shall be permitted to make non-structural alterations to the Building, provided that: (a) such alterations do not exceed $10,000 individually or $100,000 in the aggregate, (b) Tenant shall timely provide Landlord with notice of the proposed improvements including such details as Landlord may reasonably request regarding the proposed improvements and their estimated cost and expense(c) Tenant shall, shall make upon Landlord's request, remove the alteration at the termination of the Lease and restore the Leased Premises to their condition existing prior to such alteration. Tenant agrees to provide landlord with copies of plans for all repairs and replacements material improvements or alterations to the Leased Premises, structural regardless of whether or otherwise, necessitated not Landlord's consent to such improvements or caused by the acts, omissions or negligence of Tenant or any Person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy of the Leased Premises by Tenant or any such Person; however the foregoing provisions of this subsection shall be subject to the provisions of Section 13. Without affecting Tenant's obligations set forth in the preceding sentence, Tenant, at Tenant's sole cost and expense, shall also (i) make all repairs and replacements, as and when necessary, to Tenant's Special Installations and to any Alterations made or performed by or on behalf of Tenant or any Person claiming through or under Tenant, (ii) perform all maintenance and make all repairs and replacements, as and when necessary, to any air-conditioning equipment, private elevators, escalators, conveyors or mechanical systems (other than the standard equipment and systems serving the Building) which may be installed in the Leased Premises, or elsewhere in the Building and serving the Leased Premises, by Landlord, Tenant or others, (iii) perform all maintenance and make all repairs and replacements, as and when necessary, to the antennas and satellite dishes installed by Tenant on the roof of the Building and make all repairs to the roof caused by such installation, and (iv) perform regular cleaning and janitorial services in the double-secured areas of the Leased Premises. However, except as otherwise provided in this Lease, Tenant shall not have any right to install air-conditioning equipment, elevators, escalators, conveyors or mechanical systems. In addition to the foregoing, all damage or injury to the Leased Premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property by Tenant shall be repaired, restored or replaced promptly by Tenant, at its sole cost and expense, to the reasonable satisfaction of Landlord. All such aforesaid repairs, restoration and replacements shall be in quality and class equal to the original work or installation but in no event need exceed Building standardsalterations is required hereunder.

Appears in 1 contract

Samples: Lease Agreement (Copper Mountain Networks Inc)

By Tenant. By taking possession of the Premises, Tenant shall act with care be deemed to have accepted the Premises as being in its use good and occupancy sanitary order, condition and repair and to have accepted the Premises in their condition existing as of the Leased Premises date of such possession, subject to all applicable laws, covenants, conditions, restrictions, easements, and other matters of public record and the fixtures therein andRules and Regulations from time to time promulgated by Landlord governing the use of any portion of the Project. Tenant shall further be deemed to have accepted the Tenant improvements constructed by Landlord, if any, as being completed in accordance with the plans and specifications for such improvements, excluding only the punch list items referred to in Article 4a. above. Tenant shall at Tenant's sole cost and expense, keep every part of the Premises in good condition and repair, ordinary wear and tear excepted. If Tenant fails to maintain the Premises as required by this Lease, Landlord may give Tenant notice to do such acts as are reasonably required to so maintain the Premises and if Tenant fails to commence such work immediately in an emergency or where immediate action is required to protect the Premises or any portion of the Project, or within ten (10) days after such notice is given under other circumstances, and diligently prosecute it to completion, then Landlord or Landlord's agents, in addition to all of the rights and remedies available hereunder or by law and without waiving any alternative remedies, shall make all repairs have the right to enter the Premises and replacements to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Any amount so expended by Landlord shall be paid by Tenant to Landlord as additional rent, upon demand. With respect to any work performed by Landlord pursuant to this Article 11.a., Landlord shall be liable to Tenant only for physical damage caused to Tenant's personal property located within the Premises to the Leased Premises, structural or otherwise, necessitated or extent such damage is caused by Landlord's active negligence or willfulmisconduct and such damage is neither insured against nor required to be insured against by Tenant pursuant to this Lease. In no event shall Landlord have any liability to Tenant for any other damages, or for any inconvenience or interference with the actsuse of the Premises by Tenant, omissions or negligence for any consequential damages, including lost profits, as a result of Tenant performing any such work. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any Person claiming through part thereof and the panics hereto affirm that Landlord has made no representations or under warranty to Tenant or by respecting the use or occupancy or manner of use or occupancy condition of the Leased Premises by Tenant or any such Person; however part of the foregoing provisions of this subsection shall be subject to the provisions of Section 13. Without affecting Tenant's obligations Project except as specifically set forth in the preceding sentence, Tenant, at Tenant's sole cost and expense, shall also (i) make all repairs and replacements, as and when necessary, to Tenant's Special Installations and to any Alterations made or performed by or on behalf of Tenant or any Person claiming through or under Tenant, (ii) perform all maintenance and make all repairs and replacements, as and when necessary, to any air-conditioning equipment, private elevators, escalators, conveyors or mechanical systems (other than the standard equipment and systems serving the Building) which may be installed in the Leased Premises, or elsewhere in the Building and serving the Leased Premises, by Landlord, Tenant or others, (iii) perform all maintenance and make all repairs and replacements, as and when necessary, to the antennas and satellite dishes installed by Tenant on the roof of the Building and make all repairs to the roof caused by such installation, and (iv) perform regular cleaning and janitorial services in the double-secured areas of the Leased Premises. However, except as otherwise provided in this Lease, Tenant shall not have any right to install air-conditioning equipment, elevators, escalators, conveyors or mechanical systems. In addition to the foregoing, all damage or injury to the Leased Premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property by Tenant shall be repaired, restored or replaced promptly by Tenant, at its sole cost and expense, to the reasonable satisfaction of Landlord. All such aforesaid repairs, restoration and replacements shall be in quality and class equal to the original work or installation but in no event need exceed Building standards.

Appears in 1 contract

Samples: Office Lease (QCS Net Corp)

By Tenant. Except for any Losses from which Landlord has released or --------- with respect to which Landlord has agreed (in this Lease) to indemnify Tenant, Tenant shall act with care in defend, indemnify, and hold Landlord and its use agents and occupancy of the Leased Premises employees harmless from and the fixtures therein and, at Tenant's sole cost against any and expense, shall make all repairs and replacements to the Leased Premises, structural or otherwise, necessitated or caused by the acts, omissions or negligence of Tenant or any Person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy of the Leased Premises by Tenant or any such Person; however the foregoing provisions of this subsection shall be subject to the provisions of Section 13. Without affecting Tenant's obligations set forth in the preceding sentence, Tenant, at Tenant's sole cost and expense, shall also Losses for (i) make all repairs any injury to or death of any person or persons or any damage to or theft, destruction, loss, or loss of use of any real or personal property caused by casualty, theft or fire, and replacements, as and when necessary, to any injury or damage or inconvenience that may arise through Tenant's Special Installations and repair or Tenant's alteration of any part of the Premises, or Tenant's failure to any Alterations made or performed make repairs as required by or on behalf of Tenant or any Person claiming through or under Tenantthis Lease, (ii) arising from Tenant's failure to perform all maintenance its obligations under this Lease or arising from any act or omission (whether negligent, intentional or otherwise) of Tenant or Tenant's agents, employees, invitees or contractors, and make all repairs (iii) any contamination of the Premises or the Project with Hazardous Substances (hereinafter defined) by Tenant, its employees, agents or contractors; provided Tenant shall not be required to indemnify Landlord for Losses of an Indemnified Party (i) after, and replacementsnot proximately caused by events or circumstances that occurred or existed on or before, as the Loss Cutoff Date, and when necessary(ii) to the extent such Losses are caused by the negligence or intentional misconduct or breach of this Lease by Landlord. Landlord shall not be liable in any event for personal injury or loss of Tenant's property caused by fire, flood, water leaks, rain, hail, ice, snow, smoke, lightning, wind, explosion, interruption of utilities or other occurrences, except and to the extent any air-conditioning such water leaks, explosions, or interruption of utilities is caused by Landlord's negligence or intentional misconduct or breach of this Lease by Landlord. Landlord strongly recommends that Tenant secure Tenant's own insurance in excess of the amounts required elsewhere in this Lease to protect against the above occurrences if Tenant desires additional coverage for such risks. Tenant shall give prompt notice to Landlord of any significant accidents involving injury to persons or property on the Premises. Furthermore, unless due to the negligence or intentional misconduct or breach of this Lease of Landlord, Landlord shall not be responsible for lost or stolen personal property, equipment, private elevatorsmoney or jewelry from the Premises or from the public areas of the Buildings or the Project, escalators, conveyors regardless of whether such loss occurs when the area is locked against entry. Unless due to the negligence or mechanical systems (other than the standard equipment and systems serving the Building) which may be installed in the Leased Premises, intentional misconduct of or elsewhere in the Building and serving the Leased Premises, breach of this Lease by Landlord, Landlord shall not be liable to Tenant or othersTenant's employees, (iii) perform all customers or invitees for any damages or losses to persons or property caused by any tenants in the Buildings or the Project, or for any damages or losses caused by theft, burglary, assault, vandalism or other crimes. Landlord strongly recommends that Tenant provide its own security systems and services and secure Tenant's own insurance in excess of the amounts required elsewhere in this Lease to protect against the above occurrences if Tenant desires additional protection or coverage for such risks. Tenant shall give Landlord prompt notice of any criminal or suspicious conduct within or about the Premises, the Buildings or the Project and/or any personal injury or property damage caused thereby. Landlord may, but is not obligated to, enter into agreements with third parties for the provision, monitoring, maintenance and make all repairs repair of any courtesy patrols or similar services or fire protective systems and replacements, as and when necessaryequipment and, to the antennas and satellite dishes installed by extent same is provided at Landlord's sole discretion, Landlord shall not be liable to Tenant on for any damages, costs or expenses which occur for any reason in the roof event any such system or equipment is not properly installed, monitored or maintained or any such services are not properly provided. Landlord shall use reasonable diligence in the maintenance of existing lighting, if any, in the Building and make all repairs to parking garage or parking areas servicing the roof caused by such installationPremises, and (iv) perform regular cleaning and janitorial services Landlord shall not be responsible for additional lighting or any security measures in the double-secured areas of Project, the Leased Premises. However, except as otherwise provided in this Lease, Tenant shall not have any right to install air-conditioning equipment, elevators, escalators, conveyors or mechanical systems. In addition to the foregoing, all damage or injury to the Leased Premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures parking garage or other property by Tenant shall be repaired, restored or replaced promptly by Tenant, at its sole cost and expense, to the reasonable satisfaction of Landlord. All such aforesaid repairs, restoration and replacements shall be in quality and class equal to the original work or installation but in no event need exceed Building standardsparking areas.

Appears in 1 contract

Samples: Lease Agreement (Luminex Corp)

By Tenant. Tenant shall act with care in its use and occupancy of the Leased Premises and the fixtures therein andshall, at Tenant's sole its own cost and expense, shall make keep and maintain all repairs and replacements to the Leased Premises, structural or otherwise, necessitated or caused by the acts, omissions or negligence of Tenant or any Person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy parts of the Leased Premises by Tenant or any such Person; however (except those for which Landlord is expressly responsible under the foregoing provisions terms of this subsection shall Lease) and Fixtures in good condition, excepting reasonable wear and tear and casualty losses required to be subject to the provisions of Section 13. Without affecting Tenant's obligations set forth in the preceding sentence, Tenant, at Tenant's sole cost and expense, shall also (i) make all repairs and replacements, restored by Landlord as and when necessary, to Tenant's Special Installations and to any Alterations made or performed by or on behalf of Tenant or any Person claiming through or under Tenant, (ii) perform all maintenance and make all repairs and replacements, as and when necessary, to any air-conditioning equipment, private elevators, escalators, conveyors or mechanical systems (other than the standard equipment and systems serving the Building) which may be installed in the Leased Premises, or elsewhere in the Building and serving the Leased Premises, by Landlord, Tenant or others, (iii) perform all maintenance and make all repairs and replacements, as and when necessary, to the antennas and satellite dishes installed by Tenant on the roof of the Building and make all repairs to the roof caused by such installation, and (iv) perform regular cleaning and janitorial services in the double-secured areas of the Leased Premises. However, except as otherwise provided in this Lease, Tenant shall not have any right to install air-conditioning equipment, elevators, escalators, conveyors or mechanical systems. In addition to Without limiting the foregoing, all damage or injury to the Leased Premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out coverage of the Building or by installation or previous sentence, it is understood that Tenant's responsibilities include the repair and replacement in accordance with all applicable Laws of all windows, glass and plate-glass, doors, any special office entries, interior walls and finish work, floor coverings, dock doors, dock boards, truck doors, dock bumpers, and all lighting, heating, air conditioning, ventilation, plumbing and other electrical, mechanical and electromotive installation, equipment and fixtures and also include all utility repairs in ducts, conduits, pipes and wiring, and any sewer stoppage located in, under and above the Premises, pest extermination, regular removal of furnituretrash and debris, fixtures or other property and keeping the whole of the Premises in a clean and sanitary condition. All repairs by Tenant shall be repairedcomparable in quality to the condition of the Premises or the Fixtures, restored as applicable, as of the commencement of the Term or, with respect to improvements made or replaced promptly constructed by TenantTenant after commencement of the Term, the completion date of such improvements. If any repairs required to be made by Tenant hereunder are not made within ten (10) days after written notice delivered to Tenant by Landlord, Landlord may at its sole option make such repairs without liability to Tenant for any loss or damage which may result to its stock or business by reason of such repairs, unless caused by the gross negligence or willful misconduct of Landlord, its employees, agents or contractors, and Tenant shall pay to Landlord within ten (10) business days after demand (with documentation verifying the nature and cost and expenseof such repairs), as Additional Rent hereunder, the cost of such repairs. Landlord shall have the right to make such repairs without notice to Tenant in the event of an emergency, or if such repairs relate to the reasonable satisfaction exterior of Landlord. All such aforesaid repairs, restoration and replacements shall be in quality and class equal to the original work or installation but in no event need exceed Building standardsPremises.

Appears in 1 contract

Samples: Lease (Riot Blockchain, Inc.)

By Tenant. Tenant shall act with care in its use and occupancy of the Leased Premises and the fixtures therein and, at Tenant's ’s sole cost and expense, shall make all repairs and replacements to the Leased Premises, structural or otherwise, necessitated or caused by the acts, omissions or negligence of Tenant or any Person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy of the Leased Premises by Tenant or any such Person; however the foregoing provisions of this subsection shall be subject to the provisions of Section 13. Without affecting Tenant's ’s obligations set forth in the preceding sentence, Tenant, at Tenant's ’s sole cost and expense, shall also (i) make all repairs and replacements, as and when necessary, to Tenant's ’s Special Installations and to any Alterations made or performed by or on behalf of Tenant or any Person claiming through or under Tenant, (ii) perform all maintenance and make all repairs and replacements, as and when necessary, to any air-conditioning equipment, private elevators, escalators, conveyors or mechanical systems (other than the standard equipment and systems serving the Building) which may be installed in the Leased Premises, or elsewhere in the Building and serving the Leased Premises, by Landlord, Tenant or others, (iii) perform all maintenance and make all repairs and replacements, as and when necessary, to the antennas and satellite dishes installed by Tenant on the roof of the Building and make all repairs to the roof caused by such installation, and (iv) perform regular cleaning and janitorial services in the double-secured areas of the Leased Premises. However, except as otherwise provided in this Lease, Tenant shall not have any right to install air-conditioning equipment, elevators, escalators, conveyors or mechanical systems. In addition to the foregoing, all damage or injury to the Leased Premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property by Tenant shall be repaired, restored or replaced promptly by Tenant, at its sole cost and expense, to the reasonable satisfaction of Landlord. All such aforesaid repairs, restoration and replacements shall be in quality and class equal to the original work or installation but in no event need exceed Building standards.

Appears in 1 contract

Samples: Sublease Agreement (ICF International, Inc.)

By Tenant. Tenant shall act with care in its use and occupancy of the Leased Premises and the fixtures therein and, at At Tenant's ’s sole cost and expense, shall make all repairs Tenant hereby expressly assumes responsibility to maintain the Leased Premises (including without limitation the roof, structural portion of the Premises, exterior walls, Building systems, landscaped areas and replacements the Parking Area) in a clean, operable, attractive condition, and will not commit or allow to remain any waste or damage to any portion of the Leased Premises, structural or otherwise, necessitated or caused by the acts, omissions or negligence of Tenant or any Person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy of the Leased Premises by Tenant or any such Person; however the foregoing provisions of this subsection shall be subject to the provisions of Section 13. Without affecting Tenant's obligations set forth in the preceding sentence, TenantAdditionally, at Tenant's ’s sole cost and expense, shall also (i) make all repairs and replacementssubject to Landlord’s reasonable direction, as and when necessary, to Tenant's Special Installations and to any Alterations made or performed by or on behalf of Tenant or any Person claiming through or under Tenant, (ii) perform all maintenance and make all repairs and replacements, as and when necessary, to any air-conditioning equipment, private elevators, escalators, conveyors or mechanical systems (other than the standard equipment and systems serving the Building) which may be installed in the Leased Premises, or elsewhere in the Building and serving the Leased Premises, by Landlord, Tenant or others, (iii) perform all maintenance and make all repairs and replacements, as and when necessary, to the antennas and satellite dishes installed by Tenant on the roof of the Building and make all repairs to the roof caused by such installationsupervision, and (iv) perform regular cleaning and janitorial services in the double-secured areas of the Leased Premises. However, except as otherwise provided in this Leaserequirements, Tenant shall not have cause the repair or replacement of any right to install air-conditioning equipment, elevators, escalators, conveyors or mechanical systems. In addition to the foregoing, all damage or injury to the Leased Premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by any Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property by Tenant shall be repaired, restored or replaced promptly by Tenant, at its sole cost and expense, to the reasonable satisfaction of LandlordRelated Party. All such aforesaid repairs, restoration and repairs and/or replacements shall be effected (a) in quality compliance with all Legal Requirements; (b) in a manner that will not void or affect any contractor’s or manufacturer’s warranties; (c) in a good and class equal workmanlike manner and (d) by contractors approved by Landlord. If Tenant becomes aware of any need for repair or replacement of damage with respect to the original work Leased Premises caused by any Tenant Related Party, Tenant shall immediately notify Landlord thereof. If Landlord becomes aware (by notice from Tenant or installation but otherwise) of any need for repair or replacement of damage to the Complex caused by any Tenant Related Party, Landlord shall so notify Tenant in no writing. In either event, Tenant shall cause all such repairs and/or replacements to be completed within thirty (30) days thereafter; provided, however, if such repairs or replacements cannot be completed within such thirty (30) day period, Tenant shall cause such repairs or replacements to be commenced within thirty (30) days after such notice and pursued diligently and promptly to satisfactory completion. In the event need exceed Building standardsTenant does not cause such repairs or replacements to be timely commenced and diligently pursued to completion, such shall be an Event of Default as provided in Section 22.1(b) and, without waiving or curing such Event of Default, Landlord may cause such repairs and/or replacement to be made at Tenant’s expense. Upon written demand, Tenant shall pay to Landlord all reasonable costs and expenses paid or incurred by Landlord in making such repairs and/or replacements, together with interest on such amounts.

Appears in 1 contract

Samples: Lease Agreement (Cornerstone Healthcare Plus Reit, Inc.)

By Tenant. Tenant shall act with care in its use and occupancy of keep the Leased Premises and the fixtures therein and, at Tenant's sole cost and expense, shall make all repairs and replacements to the Leased Premises, structural or otherwise, necessitated or caused by the acts, omissions or negligence Loading Dock (unless it is used in common with other tenants of Tenant or any Person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy of the Leased Premises by Tenant or any such Person; however the foregoing provisions of this subsection shall be subject to the provisions of Section 13. Without affecting Tenant's obligations set forth in the preceding sentence, Tenant, at Tenant's sole cost and expense, shall also (i) make all repairs and replacements, as and when necessary, to Tenant's Special Installations and to any Alterations made or performed by or on behalf of Tenant or any Person claiming through or under Tenant, (ii) perform all maintenance and make all repairs and replacements, as and when necessary, to any air-conditioning equipment, private elevators, escalators, conveyors or mechanical systems (other than the standard equipment and systems serving the Building) which may be installed in the Leased Premisesgood, or elsewhere in the Building clean and serving the Leased Premises, by Landlord, Tenant or others, (iii) perform all maintenance habitable condition and make all repairs and replacements, as and when necessary, to the antennas and satellite dishes installed by Tenant on the roof of the Building and make all repairs to the roof caused by such installation, and (iv) perform regular cleaning and janitorial services in the double-secured areas of the Leased Premises. However, except as otherwise provided in this Lease, Tenant shall not have any right to install air-conditioning equipment, elevators, escalators, conveyors or mechanical systems. In addition to the foregoing, all damage or injury to the Leased Premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property by Tenant shall be repaired, restored or replaced promptly by Tenant, at its sole cost and expense keep the same free of dirt, rubbish, ice or snow, insects, rodents, vermin and other pests and make all needed repairs and replacements, including replacement of cracked or broken glass, except for repairs and replacements required to be made by Landlord. Without limiting the coverage of the previous sentence, it is understood that Tenant’s responsibilities therein include the repair and replacement in accordance with all applicable Laws of all lighting, heating, air conditioning, plumbing and other electrical, mechanical and electromotive installation, equipment and fixtures and also include all utility repairs in ducts, conduits, pipes and wiring, and any sewer stoppage located in or otherwise exclusively serving the Premises, regardless of when or how the defect or other cause for repair or replacement occurred or became apparent, provided that Tenant shall have no obligation to repair or replace any item where the damage was caused by the gross negligence or willful misconduct of Landlord or other tenant of Complex. Tenant shall, at its own cost and expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor approved by Landlord for servicing all HVAC systems and equipment serving the Premises (and a copy thereof shall be furnished to Landlord). The service contract must include all services suggested by the equipment manufacturer in the operation/maintenance manual and must become effective within thirty (30) days of the date Tenant takes possession of the Premises; provided, however, that if Tenant fails to enter into or maintain a contract for the maintenance and repair of the HVAC equipment in the Premises, Landlord shall have the option of contracting directly with an HVAC servicing company for all such work and charging Tenant for all costs thereof. If any repairs required to be made by Tenant hereunder are not made within ten (10) days after written notice delivered to Tenant by Landlord (such time period not being subject to the notice and cure provisions of Section 17(f)), Landlord, after providing notice to Tenant of the same, may at its option make such repairs without liability to Tenant for any loss or damage which may result to its stock or business by reason of such repairs and Tenant shall pay to Landlord within ten (10) days of Landlord’s demand, as Rent hereunder, the cost of such repairs plus interest at the Default Rate, such interest to accrue continuously from the date of payment by Landlord until repayment by Tenant. Notwithstanding the foregoing, Landlord shall have the right to make such repairs without notice to Tenant in the event of an actual or apparent emergency, or if such repairs relate to the exterior of the Premises. At the expiration of this Lease, Xxxxxx shall surrender the Premises in good condition, excepting reasonable satisfaction of wear and tear and losses required to be restored by Landlord. All such aforesaid repairspersonal property of Tenant, restoration including goods, wares, merchandise, inventory, trade fixtures and replacements other personal property of Tenant, shall be stored at the sole risk of Tenant. Landlord or its agents shall not be liable for any loss or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Complex or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other places resulting from dampness or any other cause whatsoever, or from the act or negligence of any other tenant or any officer, agent, employee, contractor or guest of any such tenant. It is generally understood that mold spores are present essentially everywhere and that mold can grow in quality most any moist location. Emphasis is properly placed on prevention of moisture and class equal on good housekeeping and ventilation practices. Tenant acknowledges the necessity of housekeeping, ventilation, and moisture control (especially in kitchens, janitor’s closets, bathrooms, break rooms and around outside walls) for mold prevention. In signing this Lease, Xxxxxx has first inspected the Premises and certifies that it has not observed mold, mildew or moisture within the Premises. Xxxxxx agrees to immediately notify Landlord if it observes mold/mildew and/or moisture conditions (from any source, including leaks), and allow Landlord to evaluate and make recommendations and/or take appropriate corrective action. Tenant relieves Landlord from any liability for any bodily injury or damages to property caused by or associated with moisture or the original work growth of or installation but in no event need exceed Building standardsoccurrence of mold or mildew on the Premises. In addition, execution of this Lease constitutes acknowledgement by Tenant that control of moisture and mold prevention are integral to its Lease obligations. Tenant shall adopt and implement the moisture and mold control guidelines set forth on Exhibit L attached hereto.

Appears in 1 contract

Samples: Lease Agreement (Senti Biosciences, Inc.)

By Tenant. Tenant shall act with care keep the Premises in good, clean and habitable condition and shall at its use and occupancy of the Leased Premises and the fixtures therein and, at Tenant's sole cost and expenseexpense keep the same free of dirt, shall rubbish, ice or snow, insects, rodents, vermin and other pests and make all needed repairs and replacements, including replacement of cracked or broken glass, except for repairs and replacements required to be made by Landlord. Without limiting the coverage of the previous sentence, but subject to the Leased limitation set forth in the following sentence, it is understood that Tenant’s responsibilities therein include the repair and replacement in accordance with all applicable Laws of all lighting, heating, air conditioning, plumbing and other electrical, mechanical and electromotive installation, equipment and fixtures and also include all utility repairs in ducts, conduits, pipes and wiring, and any sewer stoppage located in, under and above the Premises, structural regardless of when or otherwise, necessitated how the defect or caused by the acts, omissions other cause for repair or negligence of Tenant replacement occurred or any Person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy of the Leased Premises became apparent. All repairs by Tenant or any such Person; however shall conform, at a minimum, to the foregoing provisions of this subsection Building Standards attached hereto as Exhibit K, as the same may be modified by Landlord from time to time. All contractors and subcontractors shall be subject to Landlord’s written approval in accordance with Section 8(b)(iii). If any repairs required to be made by Tenant hereunder are not made or commenced within ten (10) days after written notice delivered to Tenant by Landlord (such time period not being subject to the notice and cure provisions of Section 1317(f)), Landlord may at its option make such repairs without liability to Tenant for any loss or damage which may result to its stock or business by reason of such repairs, unless caused by the gross negligence or willful misconduct of Landlord, its employees, agents or contractors. Without affecting Tenant shall pay to Landlord upon demand as Rent hereunder, the cost of such repairs plus interest at the Default Rate, such interest to accrue continuously from the date of payment by Landlord until repayment by Tenant's . Notwithstanding the foregoing, Landlord shall have the right to make such repairs without notice to Tenant in the event of an emergency, or if such repairs relate to the exterior of the Premises. At the expiration of this Lease, Tenant shall surrender the Premises in good condition, excepting reasonable wear and tear and casualties not required to be repaired by Tenant. If Landlord elects to store any personal property of Tenant, including goods, wares, merchandise, inventory, trade fixtures and other personal property of Tenant, same shall be stored at the sole risk of Tenant. Unless caused by the gross negligence or willful misconduct of Landlord, its employees, agents or contractors, Landlord and its agents shall not be liable for any loss or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Complex or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other places resulting from dampness or any other cause whatsoever, or from the act or negligence of any other tenant or any officer, agent, employee, contractor or guest of any such tenant. It is generally understood that mold spores are present essentially everywhere and that mold can grow in most any moist location. Emphasis is properly placed on prevention of moisture and on good housekeeping and ventilation practices. Tenant acknowledges the necessity of housekeeping, ventilation, and moisture control (especially in kitchens, janitor’s closets, bathrooms, break rooms and around outside walls) for mold prevention. In signing this Lease, Tenant has first inspected the Premises and certifies that it has not observed mold, mildew or moisture within the Premises. Tenant agrees to promptly notify Landlord if it observes mold/mildew and/or moisture conditions (from any source, including leaks), and allow Landlord to evaluate and make recommendations and/or take appropriate corrective action. TENANT RELIEVES LANDLORD FROM ANY LIABILITY FOR ANY BODILY INJURY OR DAMAGES TO PROPERTY CAUSED BY OR ASSOCIATED WITH MOISTURE OR THE GROWTH OF OR OCCURRENCE OF MOLD OR MILDEW ON THE PREMISES, UNLESS SAME IS IN EXISTENCE ON THE DATE OF THIS LEASE OR IS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD, ITS EMPLOYEES, AGENTS OR CONTRACTORS. In addition, execution of this Lease constitutes acknowledgement by Tenant that control of moisture and mold prevention are integral to its Lease obligations. Notwithstanding Tenant’s repair and maintenance obligations pursuant to this Section 8(b)(ii), if any item of Tenant’s repair and maintenance obligations set forth in herein involves a capital repair, replacement, improvement and/or equipment under generally accepted accounting principles consistently applied (“Tenant Repair Capital Item”), Tenant shall provide written notice thereof to Landlord. Landlord shall, pursuant to the preceding sentence, receipt of such notice from Tenant, at Tenant's sole cost make such Tenant Repair Capital Item, and expensefollowing completion thereof, shall also provide Tenant with written notice of (i) make all repairs and replacements, as and when necessary, to Tenant's Special Installations and to any Alterations made or performed by or on behalf the total cost of such Tenant or any Person claiming through or under TenantRepair Capital Item (“Tenant Repair Capital Item Cost”), (ii) perform all maintenance and make all repairs and replacements, as and when necessary, to any air-conditioning equipment, private elevators, escalators, conveyors or mechanical systems the estimated useful life of such Tenant Repair Capital Item per generally accepted accounting principles consistently applied (other than the standard equipment and systems serving the Building) which may be installed in the Leased Premises, or elsewhere in the Building and serving the Leased Premises, by Landlord, Tenant or others“Useful Life”), (iii) perform all maintenance and make all repairs and replacements, as and when necessary, the amortization of such Tenant Repair Capital Item Cost over such Useful Life at an interest rate equal to the antennas and satellite dishes installed “prime rate” as announced from time to time by Tenant on the roof Bank of the Building and make all repairs to the roof caused by such installationAmerica, N.A., plus one percent (1%) per annum, and (iv) perform regular cleaning the monthly amount due and janitorial services in the double-secured areas payable by Tenant to reimburse Landlord for that portion of the Leased Premises. However, except as otherwise provided in this Lease, amortized Tenant shall not have any right to install air-conditioning equipment, elevators, escalators, conveyors or mechanical systems. In addition Repair Capital Item Cost applicable to the foregoingremainder of the Lease Term, all damage or injury to the Leased Premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused which monthly amount shall be paid by Tenant moving property in or out to Landlord concurrently with the payment by Tenant to Landlord of the Building or by installation or removal of furniture, fixtures or other property by Tenant shall be repaired, restored or replaced promptly by Tenant, at its sole cost and expense, to the reasonable satisfaction of Landlord. All such aforesaid repairs, restoration and replacements shall be in quality and class equal to the original work or installation but in no event need exceed Building standardsmonthly Base Rent.

Appears in 1 contract

Samples: Lease Agreement (Ultragenyx Pharmaceutical Inc.)

By Tenant. Tenant shall act with care in its use and occupancy not make any alterations to or modifications of the Leased Premises and the fixtures therein and, at Tenant's sole cost and expense, shall make all repairs and replacements to or construct any improvements within the Leased Premises, Premises which affect the structural or otherwise, necessitated or caused by the acts, omissions or negligence of Tenant or any Person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy components of the Leased Premises by Tenant or Building until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval may be withheld in Landlord's reasonable discretion, provided that any such Person; however alterations, improvements or modifications shall be removed at the foregoing provisions expiration or earlier termination of this subsection shall be subject Lease and the Leased Premises returned to their condition existing prior to such alterations, improvements or modifications. Tenant may make non-structural alterations to or modifications of the provisions of Section 13. Without affecting TenantLeased Premises or construct any non-structural improvements within the Leased Premises without Landlord's obligations set forth in the preceding sentenceconsent, Tenant, at Tenant's sole cost and expense, shall also provided that (i) make all repairs and replacementsTenant shall notify Landlord at least five (5) business days prior to commencing such alterations, as and when necessary, to Tenant's Special Installations and to any Alterations made modifications or performed by or on behalf of Tenant or any Person claiming through or under Tenantimprovements, (ii) perform Landlord shall have the right to receive final plans and specifications for such alterations, modifications and/or improvements, and (iii) Tenant shall be obligated to remove all maintenance such alterations, modifications and make all repairs and replacements, as and when necessary, to any air-conditioning equipment, private elevators, escalators, conveyors improvements in accordance with Paragraph 2.6 hereof at the expiration or mechanical systems (other than the standard equipment and systems serving the Building) which may be installed in the Leased Premises, or elsewhere in the Building and serving the Leased Premises, by Landlordearlier termination of this Lease. At Tenant's option, Tenant may submit a written request to Landlord requesting that alterations, modifications or othersimprovements made pursuant to this Paragraph 6.1 be allowed to remain at the expiration or earlier termination of this Lease, which Landlord may decide in its sole and absolute discretion. If such request is not made, Landlord may make an election to require removal at the expiration or earlier termination of this Lease. All such modifications, alterations or improvements shall be made, constructed or installed by Tenant at Tenant's expense (including all permit fees and governmental charges related thereto), using a licensed contractor, in substantial compliance with the plans and specifications therefor previously provided to Landlord. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) perform all maintenance Tenant shall have given Landlord at least five (5) business days prior written notice of its intention to commence such work to that Landlord may post and make all repairs and replacements, as and when necessary, to the antennas and satellite dishes installed by Tenant on the roof file notices of the Building and make all repairs to the roof caused by such installationnon-responsibility, and (iv) perform regular cleaning if requested by Landlord, Tenant shall have obtained contingent liability and janitorial services broad form builder's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the double-secured areas floor, roof or exterior walls of the Leased Premises except as expressly provided herein. As used in this Article, the term "modifications, alterations and/or improvements" shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Subject to Tenant's obligations under Paragraph 2.6 hereof (including, without limitation, the obligation to remove and repair), Tenant shall have the right, subject to Landlord's reasonable prior approval: (i) to use building shafts or conduits between the Leased Premises and other parts of the Building for the installation of maintenance of conduits, cables, ducts, pipes and other devices for communications, data processing devices, supplementary HVAC and other facilities Consistent with its use of the Leased Premises. However, except as otherwise provided in this Lease, Tenant shall not have any right ; and (ii) to install air-conditioning equipment, elevators, escalators, conveyors cover or mechanical systems. In addition to block Out windows (including the foregoing, all damage or injury to installation of sheet rock walls on the Leased Premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out second floor of the Building Building) for the purpose of providing a more stable and secure technical environment within the Premises (provided that such covering or by installation or removal blocking does not affect the exterior appearance of furniture, fixtures or other property by Tenant shall be repaired, restored or replaced promptly by Tenant, at its sole cost and expense, to the reasonable satisfaction of Landlord. All such aforesaid repairs, restoration and replacements shall be in quality and class equal to the original work or installation but in no event need exceed Building standardsBuilding).

Appears in 1 contract

Samples: Lease (Digital Island Inc)

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By Tenant. VI.2.1 Tenant shall act with care in may from time to time, at its use and occupancy own expense, alter, renovate or improve the non-structural interior of the Leased Premises and the fixtures therein and, at Tenant's sole cost and expense, shall make all repairs and replacements to the Leased Premises, structural or otherwise, necessitated or caused by the acts, omissions or negligence of Tenant or any Person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy of the Leased Premises by Tenant or any such Person; however the foregoing provisions of this subsection shall be subject to the provisions of Section 13. Without affecting Tenant's obligations set forth in the preceding sentence, Tenant, at Tenant's sole cost and expense, shall also provided (i) make all repairs the same be performed in a good and replacementsworkmanlike manner, as and when necessary, to Tenant's Special Installations and to any Alterations made or performed by or on behalf of Tenant or any Person claiming through or under Tenantin accordance with accepted building practices, (ii) perform all maintenance completed so as not to weaken or impair the strength or lessen the value of the Building in which the Premises are located and make all repairs and replacements(iii) do not have an aggregate cost in excess of $10,000.00. No changes, as and when necessaryalterations or improvements affecting the structure or the exterior of the Premises or the Building or the Building systems shall be made by Tenant without the prior written approval of Landlord, to any air-conditioning equipment, private elevators, escalators, conveyors or mechanical systems (other than the standard equipment and systems serving the Building) which may be installed unreasonably withheld. Any work done by Tenant under the provisions of this Section shall not interfere with the use by the other tenants of their premises in the Leased Building. Tenant also agrees to pay 100% of any increase in the Real Estate Taxes or Landlord's Personal Property Taxes resulting from such improvements by or for Tenant. With respect to all other alterations, renovations or improvements which Tenant may propose making in or to the Premises, or elsewhere Tenant shall be required to obtain Landlord's prior written consent in the manner set forth in Article V hereof. All alterations, renovations and improvements made by Tenant hereunder must be made in accordance with all applicable zoning and Building Code laws, rules and serving the Leased Premises, by Landlordregulations, Tenant or othersmust procure permits prior to any such work, (iii) perform all maintenance and make all repairs and replacements, as and when necessary, to the antennas and satellite dishes installed no such work may be deemed properly completed by Tenant on until the roof applicable zoning and Building Code authorities shall deliver to Tenant a Certificate of Completion or Occupancy or a Final Inspection Report permitting the occupancy and use of the Building Premises by Tenant (and make all repairs a copy thereof shall have been delivered by Tenant to the roof caused Landlord within two business days of receipt thereof by such installationTenant. VI.2.2 All alterations, decorations, additions and (iv) perform regular cleaning and janitorial services in the double-secured areas of the Leased Premises. Howeverimprovements made by Tenant, except or made by Landlord on Tenant's behalf as otherwise provided in this Lease, shall remain the property of Tenant for the Lease Term or any extension or renewal thereof, but they shall not be removed from the Premises without the prior written consent of Landlord, which shall not be unreasonably withheld. VI.2.3 Upon obtaining the prior written consent of Landlord, Tenant shall not have any right remove such alterations, decorations, additions and improvements and restore the Premises as provided in Section VI.5, and if Tenant fails to install air-conditioning equipment, elevators, escalators, conveyors or mechanical systems. In addition to do so and moves from the foregoingPremises, all damage or injury to such alterations, decorations, additions and improvements shall become the Leased Premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property by Tenant shall be repaired, restored or replaced promptly by Tenant, at its sole cost and expense, to the reasonable satisfaction of Landlord. All , who may charge Tenant for storing or disposing of any or all of such aforesaid repairs, restoration and replacements shall be in quality and class equal to the original work or installation but in no event need exceed Building standardsproperty.

Appears in 1 contract

Samples: Office Lease (Ibasis Inc)

By Tenant. Tenant shall act with care in its use and occupancy not make any alterations to or modifications of the Leased Premises and the fixtures therein and, at Tenant's sole cost and expense, shall make all repairs and replacements to the Leased Premises, structural or otherwise, necessitated or caused by the acts, omissions or negligence of Tenant or construct any Person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy of improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval may be withheld in Landlord’s sole discretion as to alterations, modifications, and improvements which affect the Building façade, structure, or systems, or are specialized in nature or inconsistent with general office/research and development uses, and otherwise such approval may be withheld in Landlord’s reasonable discretion. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord, which approval shall not be unreasonably withheld or delayed, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new (or reclaimed or recycled) materials of good quality. Tenant shall not commence the making of any such Person; however modifications or alterations or the foregoing provisions construction of this subsection shall be subject to the provisions of Section 13. Without affecting Tenant's obligations set forth in the preceding sentence, Tenant, at Tenant's sole cost and expense, shall also any such improvements until (i) make any and all repairs required governmental approvals and replacements, as and when necessary, to Tenant's Special Installations and to any Alterations made or performed by or on behalf of Tenant or any Person claiming through or under Tenantpermits shall have been obtained, (ii) perform all maintenance and make all repairs and replacements, as and when necessary, to any air-conditioning equipment, private elevators, escalators, conveyors or mechanical systems (other than the standard equipment and systems serving the Building) which may be installed in the Leased Premises, or elsewhere in the Building and serving the Leased Premises, requirements regarding insurance imposed by Landlord, Tenant or othersthis Lease have been satisfied, (iii) perform all maintenance Tenant shall have given Landlord at least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and make all repairs and replacements, as and when necessary, to the antennas and satellite dishes installed by Tenant on the roof file notices of the Building and make all repairs to the roof caused by such installationnon-responsibility, and (iv) perform regular cleaning if requested by Landlord, Tenant shall have obtained contingent liability and janitorial services broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Common Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the doublefloor, roof, or exterior or load-secured areas bearing walls of the Leased Premises. However, except as otherwise provided As used in this LeaseArticle, Tenant the term “modifications, alterations and/or improvements” shall not have any right to install air-conditioning equipmentinclude, elevatorswithout limitation, escalatorsthe installation of additional electrical outlets, conveyors or mechanical systems. In addition to the foregoing, all damage or injury to the Leased Premises and to its overhead lighting fixtures, appurtenances and equipment drains, sinks, partitions, doorways, or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property by Tenant shall be repaired, restored or replaced promptly by Tenant, at its sole cost and expense, to the reasonable satisfaction of Landlord. All such aforesaid repairs, restoration and replacements shall be in quality and class equal to the original work or installation but in no event need exceed Building standardslike.

Appears in 1 contract

Samples: Lease Agreement (Palo Alto Networks Inc)

By Tenant. 6.2.1 Upon receipt of Landlord's prior written approval, Tenant shall act with care in may from time to time after completion of Tenant's Initial Improvements, at its use and occupancy own expense, alter, renovate or improve the interior of the Leased Premises provided the same be performed in a good and workmanlike manner, in accordance with accepted building practices, in full compliance with all applicable building codes and the fixtures therein andADA, with Tenant procuring at Tenant's its sole cost and expenseexpense all permits required for such work, shall make all repairs and replacements so as not to weaken or impair the Leased Premises, structural strength or otherwise, necessitated or caused by lessen the acts, omissions or negligence of Tenant or any Person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy value of the Leased Building in which the Premises are located. No changes, alterations or improvements affecting the exterior of the Premises or the Building or the Building systems shall be made by Tenant or any such Person; however without the foregoing prior written approval of Landlord, which may be unreasonably withheld. Any work done by Tenant under the provisions of this subsection Section shall be subject not interfere with the use by the other tenants of their premises in the Building. Tenant also agrees to pay 100% of any increase in the provisions of Section 13. Without affecting Real Estate Taxes or ------------------/---------------- LANDLORD TENANT Landlord's Personal Property Taxes resulting from such improvements by or for Tenant. 6.2.2 All alterations, decorations, additions and improvements made by Tenant, or made by Landlord on Tenant's obligations set forth in the preceding sentence, Tenant, at Tenant's sole cost and expense, shall also (i) make all repairs and replacements, behalf as and when necessary, to Tenant's Special Installations and to any Alterations made or performed by or on behalf of Tenant or any Person claiming through or under Tenant, (ii) perform all maintenance and make all repairs and replacements, as and when necessary, to any air-conditioning equipment, private elevators, escalators, conveyors or mechanical systems (other than the standard equipment and systems serving the Building) which may be installed in the Leased Premises, or elsewhere in the Building and serving the Leased Premises, by Landlord, Tenant or others, (iii) perform all maintenance and make all repairs and replacements, as and when necessary, to the antennas and satellite dishes installed by Tenant on the roof of the Building and make all repairs to the roof caused by such installation, and (iv) perform regular cleaning and janitorial services in the double-secured areas of the Leased Premises. However, except as otherwise provided in this Lease, shall remain the property of Tenant for the Lease Term or any extension or renewal thereof, but they shall not be removed from the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned. 6.2.3 Upon obtaining the prior written consent of Landlord, Tenant shall remove such alterations, decorations, additions and improvements and restore the Premises as provided in Section 6.5, and if Tenant fails to do so and moves from the Premises, all such alterations, decorations, additions and improvements shall become the property of Landlord, who may charge Tenant for storing or disposing of any or all of such property. 6.2.4 Notwithstanding any other provision of this Article VI, Tenant shall be permitted to make alterations to the interior improvements of the Premises with Landlord's prior written consent not being unreasonably withheld, delayed or conditioned if (a) the proposed alteration is non-structural in nature, and (b) the proposed alteration does not cost more than $10,000. Notwithstanding any other provision of this Section, when Tenant requests Landlord's consent to a proposed alteration, Tenant may ask Landlord in writing whether Landlord will require that the alteration be removed on expiration or earlier termination of this Lease. Landlord shall respond to this inquiry in writing within fifteen (15) business days of receipt thereof from Tenant. If Landlord does not respond to such inquiry or states in its response that it will not require removal, then Tenant shall not have any right be required to install air-conditioning equipmentremove such alteration. Any such alteration, elevators, escalators, conveyors renovation or mechanical systems. In addition to the foregoing, all damage or injury to the Leased Premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property by Tenant improvement shall be repairedperformed in a good and workmanlike manner, restored or replaced promptly by Tenantin accordance with accepted building practices, in full compliance with all applicable building codes and the ADA, with Tenant procuring at its sole cost and expense, to the reasonable satisfaction of Landlord. All expense all permits required for such aforesaid repairs, restoration and replacements shall be in quality and class equal to the original work or installation but in no event need exceed Building standards.work

Appears in 1 contract

Samples: Office Lease (Star Telecommunications Inc)

By Tenant. Tenant shall act with care agrees to indemnify, defend and hold Landlord, its officers, partners, members, agents, affiliates, management company, concessionaires and employees, harmless against any and all liabilities, claims, demands, damages, costs, and expenses, including reasonable attorneys’ fees arising in connection with: the conduct or management of Tenant’s business in the Premises or Facility or its use and occupancy for any reason of the Leased Premises or Facility; any failure on the part of Tenant to observe, perform or comply with any terms, covenants or conditions of this Lease; any act or negligence of Tenant, its officers, agents, contractors, employees, subtenants, or invitees in or about the Premises or the Building; or loss of life, personal injury or damage to Facility caused to any person on or about the Premises. In case of any action or proceeding brought against Landlord by reason of any such claim, Tenant, on notice from Landlord, agrees to defend the action or proceeding with counsel reasonably acceptable to Landlord, or at the election of Landlord to pay all attorney’s fees and costs incurred by Landlord in connection with any of the fixtures therein andforegoing matters. Without limiting the foregoing or any other waivers in favor of Landlord set forth in this Lease, Tenant will forever release and hold Landlord harmless from all claims arising out of damage to Tenant’s property unless such damage occurs as a result of Landlord’s grossly negligent and deliberate failure to make repairs required by this Lease within a reasonable time after having received written notice of the need for such repair, and in no event shall Landlord be liable for damage to Tenant’s property which is or could have been insured against by Tenant under commonly available insurance policies. In case any such claim, action or proceeding for which Landlord is indemnified is brought against Landlord, upon notice from Landlord and at Tenant's ’s sole cost and expense, Tenant shall make all repairs resist or defend such claim, action or proceeding or shall cause it to be resisted or defended by an insurer. The indemnifications and replacements to the Leased Premises, structural or otherwise, necessitated or caused by the acts, omissions or negligence of Tenant or any Person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy of the Leased Premises by Tenant or any such Person; however the foregoing provisions of this subsection shall be subject to the provisions of Section 13. Without affecting Tenant's obligations releases set forth in this Paragraph 13.01 shall survive the preceding sentence, Tenant, at Tenant's sole cost and expense, shall also (i) make all repairs and replacements, as and when necessary, to Tenant's Special Installations and to any Alterations made or performed by or on behalf of Tenant or any Person claiming through or under Tenant, (ii) perform all maintenance and make all repairs and replacements, as and when necessary, to any air-conditioning equipment, private elevators, escalators, conveyors or mechanical systems (other than the standard equipment and systems serving the Building) which may be installed in the Leased Premises, or elsewhere in the Building and serving the Leased Premises, by Landlord, Tenant or others, (iii) perform all maintenance and make all repairs and replacements, as and when necessary, to the antennas and satellite dishes installed by Tenant on the roof of the Building and make all repairs to the roof caused by such installation, and (iv) perform regular cleaning and janitorial services in the double-secured areas of the Leased Premises. However, except as otherwise provided in this Lease, Tenant shall not have any right to install air-conditioning equipment, elevators, escalators, conveyors or mechanical systems. In addition to the foregoing, all damage or injury to the Leased Premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures expiration or other property by Tenant shall be repaired, restored termination or replaced promptly by Tenant, at its sole cost and expense, to the reasonable satisfaction other termination of Landlord. All such aforesaid repairs, restoration and replacements shall be in quality and class equal to the original work or installation but in no event need exceed Building standardsthis lease.

Appears in 1 contract

Samples: Lease Agreement

By Tenant. With respect to any Environmental Noncompliance or Environmental Condition applicable to the Leased Premises, attributable to Tenant's use or occupancy of the Leased Premises for which Tenant shall act is responsible in accordance with care this Seciton 4, and without in its any way limiting the scope of Tenant's obligations under the indemnification provisions in Section 4.2(a) above, as between Tenant and Landlord, Tenant will be responsible for the initiation of all investigations, studies, cleanup, corrective action or response or remedial action required by any local, state or federal government agency now or hereafter authorized to regulate environmental matters (hereinafter "Governmental Entities"), or by any consent decree, or court or administrative order now or hereafter applicable to the Leased Premises, or by any federal, state or local law, regulation, rule or ordinance now or hereafter in effect resulting during Tenant's use and occupancy of the Leased Premises and the fixtures therein and, at resulting from Tenant's sole cost and expense, shall make all repairs and replacements to the Leased Premises, structural or otherwise, necessitated or caused by the acts, omissions or negligence of Tenant or any Person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy of the Leased Premises by Tenant or any such Person; however the foregoing provisions of this subsection shall be subject to the provisions of Section 13. Without affecting Tenant's obligations set forth in the preceding sentence, Tenant, at Tenant's sole cost and expense, shall also (i) make all repairs and replacements, as and when necessary, to Tenant's Special Installations and to any Alterations made or performed by or activities on behalf of Tenant or any Person claiming through or under Tenant, (ii) perform all maintenance and make all repairs and replacements, as and when necessary, to any air-conditioning equipment, private elevators, escalators, conveyors or mechanical systems (other than the standard equipment and systems serving the Building) which may be installed in the Leased Premises, or elsewhere in the Building and serving the Leased Premises, by Landlord, Tenant or others, (iii) perform all maintenance and make all repairs and replacements, as and when necessary, to the antennas and satellite dishes installed by Tenant on the roof of the Building and make all repairs to the roof caused by such installation, and (iv) perform regular cleaning and janitorial services in the double-secured areas of the Leased Premises. HoweverTenant will pay all costs in connection with such actions, except as otherwise provided in this Leaseincluding, without limitation, installation, operation, maintenance, testing, monitoring costs, preparation of plans, designs, applications, studies and reports by or for Governmental Entities or other regulating agencies, the preparation of closure or other required plans, the retention of legal counsel, engineers, and other expert consultants. Subject to the limitations set forth herein, Tenant shall not have any the responsibility and right to install airmanage and control all investigations and any environmental cleanup, remediation, or related activities relating to matters for which Tenant is responsible in accordance with this section. Tenant, however, may not negotiate with, fulfill any requirements or claims made by a Governmental Entity or third party, settle or contest such requirement or third-conditioning equipmentparty claim without the express approval of Landlord, elevatorssuch approval shall not be unreasonably withheld, escalatorsand Landlord shall have the right to participate fully in any and all meetings, conveyors negotiations or mechanical systems. In addition decisions relevant to the foregoing, all damage investigation or injury to remediation of Environmental Conditions at the Leased Premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property by Tenant shall be repaired, restored or replaced promptly by Tenant, at its sole cost and expense, to the reasonable satisfaction of Landlord. All such aforesaid repairs, restoration and replacements shall be in quality and class equal to the original work or installation but in no event need exceed Building standards.Premises

Appears in 1 contract

Samples: Lease and Sublease (Lithia Motors Inc)

By Tenant. Tenant shall, at its expense, throughout the term of this Lease, take good care of the Premises, the fixtures and appurtenances therein and Tenant's Property. Tenant shall act with care be responsible for all repairs, interior and exterior, structural and non-structural, ordinary and extraordinary, in its use and occupancy of to the Leased Premises and the fixtures therein andBuilding and the facilities and systems thereof, at the need for which arises out of (a) the performance or existence of Tenant's sole cost and expensework or alterations; (b) the installation, shall make all repairs and replacements to the Leased Premises, structural or otherwise, necessitated or caused by the acts, omissions or negligence of Tenant or any Person claiming through or under Tenant or by the use or occupancy or manner operation of use or occupancy of the Leased Premises by Tenant or any such Person; however the foregoing provisions of this subsection shall be subject to the provisions of Section 13. Without affecting Tenant's obligations set forth property in the preceding sentence, Tenant, at Premises; (e) the moving of Tenant's sole cost and expense, shall also (i) make all repairs and replacements, as and when necessary, to Tenant's Special Installations and to any Alterations made or performed by or on behalf of Tenant or any Person claiming through or under Tenant, (ii) perform all maintenance and make all repairs and replacements, as and when necessary, to any air-conditioning equipment, private elevators, escalators, conveyors or mechanical systems (other than the standard equipment and systems serving the Building) which may be installed in the Leased Premises, or elsewhere in the Building and serving the Leased Premises, by Landlord, Tenant or others, (iii) perform all maintenance and make all repairs and replacements, as and when necessary, to the antennas and satellite dishes installed by Tenant on the roof of the Building and make all repairs to the roof caused by such installation, and (iv) perform regular cleaning and janitorial services in the double-secured areas of the Leased Premises. However, except as otherwise provided in this Lease, Tenant shall not have any right to install air-conditioning equipment, elevators, escalators, conveyors or mechanical systems. In addition to the foregoing, all damage or injury to the Leased Premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building Building; or by installation (d) the act, omission, misuse, or removal neglect of furnitureTenant or any of its subtenants or its or their employees, fixtures agents, contractors or other property by Tenant shall be repaired, restored or replaced promptly by invitees. Tenant, at its sole cost and expense, shall promptly replace all scratched, damaged, or broken doors and glass in and about the Premises and shall be responsible for all repairs, maintenance and replacement of wall and floor coverings in the Premises and for the repair and maintenance of all sanitary and electrical fixtures therein. Tenant shall promptly make, at Tenant's expense, all repairs in or to the reasonable satisfaction Premises for which Tenant is responsible, and any repairs required to be made by Tenant to the mechanical, electrical, sanitary, heating, ventilating, air conditioning, or other systems of the Building shall be performed only by contractor(s) designated by Landlord. All such aforesaid repairs, restoration and replacements repairs shall be performed at such times and in quality such manner as shall cause the least interference with the operation of the central systems of the Building and class equal the use of the Building by other occupants. Any such repairs shall be subject to the original work supervision and control of Landlord for which Landlord may charge Tenant a reasonable fee. Any other repairs in Building or installation but in no event need exceed to the Building standardsfacilities and systems thereof for which Tenant is responsible shall be performed by Landlord at Tenant's expense.

Appears in 1 contract

Samples: Lease (Bf Enterprises Inc)

By Tenant. Tenant shall act with care in its use and occupancy of the Leased Premises and the fixtures therein and, at Tenant's sole cost and expense, shall make all repairs and replacements to the Leased Premises, structural or otherwise, necessitated or caused by the acts, omissions or negligence of Tenant or any Person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy of the Leased Premises by Tenant or any such Person; however the foregoing provisions of this subsection shall be subject to the provisions of Section 13. Without affecting Tenant's obligations set forth in the preceding sentence, Tenant, at Tenant's sole cost and expense, shall also (i) make all repairs and replacements, as and when necessary, to Tenant's Special Installations and to any Alterations made or performed by or on behalf of Tenant or any Person claiming through or under Tenant, (ii) perform all maintenance and make all repairs and replacements, as and when necessary, to any air-conditioning equipment, private elevators, escalators, conveyors or mechanical systems (other than the standard equipment and systems serving the Building) which may be installed in the Leased Premises, or elsewhere in the Building and serving the Leased Premises, by Landlord, Tenant or others, (iii) perform all maintenance and make all repairs and replacements, as and when necessary, to the antennas and satellite dishes installed by Tenant on the roof of the Building and make all repairs to the roof caused by such installation, and (iv) perform regular cleaning and janitorial services in the double-secured areas of the Leased Premises. However, except as otherwise provided in this Lease, Tenant shall not have any right to install air-conditioning equipment, elevators, escalators, conveyors or mechanical systems. In addition to the foregoing, all damage or injury to the Leased Premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property by Tenant shall be repaired, restored or replaced promptly by Tenantshall, at its sole cost and expense, promptly perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and shall keep the Premises in good condition and repair, ordinary wear and tear excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) the Building’s Systems exclusively serving the Premises (subject to the terms of Section 8(b)(i)); (2) Tenant’s equipment and fixtures; (3) Tenant’s signs, placards, decorations or other advertising media of any type; (4) interior painting or other treatment of exterior walls; (5) plate glass, windows, doors and other exterior openings including replacement of cracked or broken glass; (6) window and door frames, molding, closure devices, locks and hardware; (7) special store fronts, if any; and (8) the Grade-Level Truck Door in good, clean and habitable condition. In addition, Tenant shall, at its sole cost and expense, keep the same free of dirt, rubbish, insects, rodents, vermin and other pests. Without limiting the coverage of the previous sentences, it is understood that Tenant’s responsibilities therein include the repair and replacement in accordance with all applicable Laws of the Building’s Systems exclusively serving the Premises and Tenant’s equipment and fixtures, and also includes all utility repairs in ducts, conduits, pipes and wiring, and any sewer stoppage located in, under or above the Premises, regardless of when or how the defect or other cause for repair or replacement occurred or became apparent. At the expiration of this Lease, Tenant shall surrender the Premises in good condition, excepting reasonable satisfaction of wear and tear and losses required to be restored by Landlord. All such aforesaid repairspersonal property of Tenant, restoration including goods, wares, merchandise, inventory, trade fixtures and replacements other personal property of Tenant, shall be stored at the sole risk of Tenant. Except for loss or damage resulting from the gross negligence or willful misconduct of Landlord or its employees, contractors or agents, Landlord or its agents shall not be liable for any loss or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Project or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other places resulting from dampness or any other cause whatsoever, or from the act or negligence of any other tenant or any officer, agent, employee, contractor or guest of any such tenant. It is generally understood that mold spores are present essentially everywhere and that mold can grow in quality most any moist location. Emphasis is properly placed on prevention of moisture and class equal on good housekeeping and ventilation practices. Tenant acknowledges the necessity of housekeeping, ventilation and moisture control (especially in kitchens, janitor’s closets, bathrooms, break rooms and around outside walls) for mold prevention. Without limiting the generality of the foregoing, Tenant shall adopt and implement the following guidelines: (A) report any maintenance problems involving water, moist conditions or mold to the original work property manager for the Project (the “Property Manager”) promptly and conduct its required activities in a manner that prevents unusual moisture conditions or installation but mold growth; (B) do not block or inhibit the flow of return or make-up air into the HVAC system; (C) maintain the Premises at a consistent temperature and humidity level in no event need exceed Building standardsaccordance with the Property Manager’s instructions; (D) regularly conduct janitorial activities, especially in bathrooms, kitchens and janitorial spaces, to remove mildew and prevent or correct moist conditions; and (E) maintain water in all drain taps at all times. In signing this Lease, Tenant has first inspected the Premises and certifies that it has not observed mold, mildew or moisture within the Premises. Tenant agrees to immediately notify Landlord if it observes mold/mildew and/or moisture conditions (from any source, including leaks), and allow Landlord to evaluate and make recommendations and/or take appropriate corrective action. Except to the extent caused by Landlord’s gross negligence or willful misconduct, Tenant relieves Landlord from any liability for any bodily injury or damages to property caused by or associated with moisture or the growth of or occurrence of mold or mildew on the Premises. In addition, execution of this Lease constitutes acknowledgement by Tenant that control of moisture and mold prevention are integral to its Lease obligations.

Appears in 1 contract

Samples: Industrial Lease Agreement (Parametric Sound Corp)

By Tenant. Tenant will make no changes, alterations, or improvements affecting the exterior of the Demised Premises or the structure of the Building within which the Demised Premises are located. Provided that Tenant is not then in default under this Lease, Tenant may from time to time, at its own expense and upon compliance with the requirements of Section 6.2, alter, renovate or improve the interior of the Demised Premises. All such work will be performed in a good and workmanlike manner; in accordance with accepted building practices and applicable laws, including, but not limited to, building codes and zoning ordinances; and so as not to weaken or impair the strength or lessen the value of the Building in which the Demised Premises are located. Prior to commencement of all such work, Tenant shall act with care in its use and occupancy obtain Landlord's prior written approval of the Leased Premises plans and the fixtures therein and, at specifications therefor ("Tenant's sole cost Plans") and expense, shall make all repairs and replacements to the Leased Premises, structural or otherwise, necessitated or caused by the acts, omissions or negligence of Tenant or any Person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy of the Leased Premises by Tenant or any such Person; however the foregoing provisions of this subsection shall be subject to the provisions of Section 13. Without affecting Tenant's obligations set forth in the preceding sentence, Tenant, at Tenant's sole cost and expense, shall also either (i) make all repairs arrange for Landlord to perform the work on terms and replacements, as conditions acceptable to Landlord and when necessary, to Tenant's Special Installations and to any Alterations made or performed by or on behalf of Tenant or any Person claiming through or under Tenant, each in its sole discretion or (ii) bid the project out to contractors approved by Landlord in writing in advance (which approval shall not be unreasonably withheld). Tenant shall provide Landlord with a copy of the information submitted to bidders at such time as the bidders receive their copy. Regardless of the contractors who perform all maintenance the work pursuant to the above, Tenant shall pay Landlord on demand prior to or during the course of such construction an amount (the "Alteration Operations Fee") equal to five percent (5%) of the total cost of the work being performed (and make all repairs for purposes of calculating the Alteration Operations Fee, such cost shall include architectural and replacementsengineering fees, but shall not include permit fees) as compensation to Landlord for Landlord's internal review of Tenant's Plans and when necessarygeneral oversight of the construction (which oversight shall be solely for the benefit of Landlord and shall in no event be a substitute for Tenant's obligation to retain such project management or other services as shall be necessary to ensure that the work is performed properly and in accordance with the requirements of this Lease). Tenant shall also reimburse Landlord for Landlord's expenses such as electrical energy consumed in connection with the work, freight elevator operation, additional cleaning expenses, additional security services, fees and charges paid to any air-conditioning equipmentthird party architects, private elevatorsengineers and other consultants for review of the work and the plans and specifications with respect thereto and to monitor contractor compliance with Building construction requirements, escalators, conveyors or mechanical systems (and for other than miscellaneous costs incurred by Landlord as result of the standard equipment and systems serving the Building) which may be installed work. Default by Tenant in the Leased Premisespayment of any sums agreed to be paid by Txxxxx for or in connection with any work performed pursuant to this Section 7.2 (regardless of whether such agreement is pursuant to this Section 7.2 or separate instrument) shall entitle Landlord to all the same remedies as for non-payment of Rent hereunder. Any alterations, or elsewhere in the Building and serving the Leased Premisesincluding, by Landlordwithout limitation, Tenant or others, (iii) perform all maintenance and make all repairs and replacements, as and when necessary, moveable partitions that are affixed to the antennas Demised Premises (but excluding moveable, free standing partitions) and satellite dishes installed by Tenant on the roof all carpeting, shall at once become part of the Building and make all the property of Landlord. In no event shall any alterations or repairs made by, or on behalf of, Tenant be deemed to be performed by Txxxxx as an agent of Landlord. Further, nothing contained in this Lease will be deemed the roof caused by such installation, and (iv) perform regular cleaning and janitorial services consent or agreement of Landlord to subject Landlord's interest in the double-secured areas Demised Premises or the Project to liability under any mechanics' or other lien law as a result of work performed by, or on behalf of, Txxxxx. Tenant shall comply with Lxxxxxxx's reasonable procedures (as such procedures may be reasonably modified by Landlord from time to time) for ensuring Tenant's timely payment of sums due to mechanics, materialmen and suppliers performing work on any alteration or repair so as to avoid any liens being filed against the Demised Premises or the Project. Tenant shall give Landlord not less than ten (10) business days prior written notice of the Leased date the construction of any alteration is to commence. Landlord may post and record an appropriate notice of non-responsibility with respect to any alteration and Tenant shall maintain any such notices posted by Landlord in or on the Demised Premises. However, except as otherwise provided in this Lease, Tenant shall not have Lxxxxxxx's sole election any right to install air-conditioning equipment, elevators, escalators, conveyors or mechanical systems. In addition to the foregoing, all damage alterations made for or injury to the Leased Premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property by Tenant shall be repaired, removed by Tenant from the Demised Premises at the expiration or sooner termination of this Lease and the Demised Premises shall be restored or replaced promptly by Tenant, at its sole cost and expense, Tenant to their condition prior to the reasonable satisfaction making of Landlordthe alterations, ordinary wear and tear excepted. All such aforesaid repairs, The removal of the alterations and the restoration and replacements of the Premises shall be performed by a general contractor selected by Txxxxx and approved by Landlord, in quality which event Tenant shall pay the general contractor's fees and class equal costs in connection with such work. Any separate work letter or other agreement which is hereafter entered into between Landlord and Tenant pertaining to alterations shall be deemed to automatically incorporate the original work or installation but in no event need exceed Building standardsterms of this Lease without the necessity for further reference thereto.

Appears in 1 contract

Samples: Lease (Ra Medical Systems, Inc.)

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