Common use of CARE AND REPAIR OF PREMISES Clause in Contracts

CARE AND REPAIR OF PREMISES. Tenant shall, at all times throughout the Term of this Lease Agreement, including renewals and extensions, and at its sole expense, keep and maintain the Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s obligations hereunder shall include but not be limited to the maintenance, repair and replacement, if necessary, of mechanical, heating and air conditioning fixtures, equipment, and systems; all lighting and electrical systems; all plumbing fixtures and equipment; any and all other fixtures, motors and machinery; all interior walls, partitions, doors and windows, including the regular painting thereof; all exterior entrances, windows, doors, garage doors, docks and dock levelers, bumpers and seals, and docks and the replacement of all broken glass; and all interior walls, columns, floors and doors of the trash enclosures. When used in this provision, the term “repairs” shall include replacements or renewals when necessary, and all such repairs made by Tenant shall be equal in quality and class to the original work. The Tenant shall keep and maintain all portions of the Premises, trash enclosures and the sidewalk and areas adjoining the same in a safe, clean and orderly condition, free of accumulation of dirt and rubbish. Tenant shall be responsible for the prompt removal of snow, ice and other hazardous conditions accumulating or occurring on the sidewalks and walkways between the Premises and parking areas. Maintenance of the HVAC shall specifically include the reasonable cost of semi-annual inspections performed by Landlord’s own engineers or by an independent mechanical contractor who shall be contracted for by Landlord. In either event, said cost shall be included by Landlord in Operating Expenses under Article 3 of this Lease Agreement and Landlord warrants that any such cost will be reasonable and competitive. If Tenant fails, refuses or neglects to maintain or repair the Premises as required in this Lease Agreement after written notice shall have been given to Tenant, in accordance with Article 33 of this Lease Agreement, Landlord may at its option make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof, and upon completion thereof, Tenant shall pay to Landlord all costs plus 10% of overhead incurred by Landlord in making such repairs upon presentation to Tenant of a bxxx therefore. Landlord shall repair, at its expense, the structural portions of the Building, provided however where structural repairs are required to be made by reason of the acts of Tenant, the costs thereof shall be borne by Tenant and payable by Tenant to Landlord upon demand. Landlord shall be responsible for all outside maintenance of the Premises, including grounds, parking areas and outside areas around trash enclosures. All such maintenance which is the responsibility of Landlord shall be provided as reasonably necessary to the comfortable use and occupancy of Premises during business hours, except Saturdays, Sundays and holidays, upon the condition that Landlord shall not be liable for damages for failure to do so due to causes beyond its control. Landlord shall ensure access to the Premises, including timely snow removal all days.

Appears in 2 contracts

Samples: Commercial Lease (Celcuity LLC), Commercial Lease (Celcuity LLC)

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CARE AND REPAIR OF PREMISES. Tenant shall commit no act of waste and shall take good care of the Premises and the fixtures and appurtenances therein, and shall, in the use and occupancy of the Premises, conform to all laws, orders and regulations of the federal, state, county and municipal governments or any of their departments. Landlord shall make all necessary repairs to the Premises, except where a repair has been made necessary by misuse or neglect by Tenant or Tenant's agents, servants, visitors or licensees not covered by insurance. All improvements made by Tenant to the Premises, which are so attached to the Premises that they cannot be removed without material injury to the Premises shall become the property of Landlord upon installation. Not later than the last day of the term, Tenant shall, at Tenant's expense, remove all times throughout of Tenant's personal property and, at Tenant's option, those improvements made by Tenant which have not become the Term property of Landlord, including trade fixtures, cabinet work, movable paneling, partitions and the like; repair all injury done by or in connection with the installation or removal of said property and improvements; and surrender the Premises in as good condition as they were at the beginning of the term, reasonable wear and damage by fire, the elements, casualty, or other cause not due to the misuse or neglect by Tenant, Tenant's agents, servants, visitors or licensees, excepted. Tenant need not be responsible for damage covered by Landlord's insurance. All other property of Tenant remaining on the Premises after the last day of the term of this Lease Agreement, including renewals shall be conclusively deemed abandoned and extensionsmay be removed by Landlord, and at its sole expense, keep and maintain the Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s obligations hereunder shall include but not be limited to the maintenance, repair and replacement, if necessary, of mechanical, heating and air conditioning fixtures, equipment, and systems; all lighting and electrical systems; all plumbing fixtures and equipment; any and all other fixtures, motors and machinery; all interior walls, partitions, doors and windows, including the regular painting thereof; all exterior entrances, windows, doors, garage doors, docks and dock levelers, bumpers and seals, and docks and the replacement of all broken glass; and all interior walls, columns, floors and doors of the trash enclosures. When used in this provision, the term “repairs” shall include replacements or renewals when necessary, and all such repairs made by Tenant shall be equal in quality and class to the original work. The Tenant shall keep and maintain all portions of the Premises, trash enclosures and the sidewalk and areas adjoining the same in a safe, clean and orderly condition, free of accumulation of dirt and rubbish. Tenant shall be responsible reimburse Landlord for the prompt removal of snow, ice and other hazardous conditions accumulating or occurring on the sidewalks and walkways between the Premises and parking areas. Maintenance of the HVAC shall specifically include the reasonable cost of semi-annual inspections performed by Landlord’s own engineers or by an independent mechanical contractor who shall be contracted for by Landlordsuch removal. In either event, said cost shall be included by Landlord in Operating Expenses under Article 3 of this Lease Agreement and Landlord warrants that may have any such cost will be reasonable property stored at Tenant's risk and competitive. If Tenant fails, refuses or neglects to maintain or repair the Premises as required in this Lease Agreement after written notice shall have been given to Tenant, in accordance with Article 33 of this Lease Agreement, Landlord may at its option make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof, and upon completion thereof, Tenant shall pay to Landlord all costs plus 10% of overhead incurred by Landlord in making such repairs upon presentation to Tenant of a bxxx therefore. Landlord shall repair, at its expense, the structural portions of the Building, provided however where structural repairs are required to be made by reason of the acts of Tenant, the costs thereof shall be borne by Tenant and payable by Tenant to Landlord upon demand. Landlord shall be responsible for all outside maintenance of the Premises, including grounds, parking areas and outside areas around trash enclosures. All such maintenance which is the responsibility of Landlord shall be provided as reasonably necessary to the comfortable use and occupancy of Premises during business hours, except Saturdays, Sundays and holidays, upon the condition that Landlord shall not be liable for damages for failure to do so due to causes beyond its control. Landlord shall ensure access to the Premises, including timely snow removal all days.

Appears in 2 contracts

Samples: 20 Lease Agreement (Mail Com Inc), Lease Agreement (Access Integrated Technologies Inc)

CARE AND REPAIR OF PREMISES. Tenant covenants to commit no act of waste and to take good care of the Premises and the fixtures and appurtenances therein, and shall, in the use and occupancy of the Premises comply with all laws, orders and regulations of the federal, state and municipal governments or any of their departments affecting the Premises and with any and all environmental requirements resulting from the Tenant's use of the Premises, this covenant to survive the expiration or sooner termination of the Lease. Landlord shall, at Tenant's expense [except for structural repairs not necessitated by the misuse or neglect of Tenant or Tenant's agents, servants, visitors or licensees, which repairs, if any, shall be amortized over their useful life in accordance with generally accepted accounting principles, consistently applied, and included as an Operating Cost expense in accordance with Paragraph 23(a)], make all necessary repairs to the Premises. Landlord shall make all necessary repairs to the Common Facilities and to the parking areas, if any, the same to be included as an Operating Cost, except where the repair has been made necessary by misuse or neglect primarily caused by Tenant or Tenant's agents, servants, visitors or licensees, in which event Landlord shall nevertheless make the repair but Tenant shall pay to Landlord, as Additional Rent, immediately upon demand, the costs therefor. All improvements made by Tenant to the Premises, which are so attached to the Premises that they cannot be removed without material injury to the Premises, shall become the property of Landlord upon installation. Not later than the last day of the Term, Tenant shall, at Tenant's expense (a) remove all times throughout Tenant's personal property and those improvements made by Tenant which have not become the property of Landlord, including trade fixtures, movable paneling, partitions, and the like, (b) repair all injury done by or in connection with the installation or removal of said property and improvements, and (c) surrender the Premises in as good condition as they were at the beginning of the Term, reasonable wear and tear and damage by fire, the elements, casualty, or other cause not due to the misuse or neglect by Tenant, Tenant's agents, servants, visitors or licensees excepted, and in "broom clean" condition. All other property of Tenant remaining on the Premises after the last day of the Term shall be conclusively deemed abandoned and may be removed by Landlord, and Tenant shall reimburse Landlord for the cost of such removal. Landlord may have any such property stored at Tenant's risk and expense. Tenant acknowledges the existence of environmental laws, rules, and regulations, including, but not limited to, the Environmental Clean-up Responsibility Act of 1983 ("ECRA") and the Industrial Site Recovery Act of 1993 ("ISRA").Tenant shall comply with any and all such laws, rules, and regulations. Tenant represents to Landlord that Tenant's Standard Industrial Classification (SIC) Number, as same is set forth in the Preamble to this Lease and as used on Tenant's Federal Tax Return will not subject the Premises to ECRA/ISRA applicability. Any change by Tenant to an operation with a SIC Number subject to ECRA/ISRA shall require Landlord's written consent. Any such proposed change shall be sent in writing to Landlord sixty (60) days prior to the proposed change. Landlord, at its sole option, may arbitrarily deny such consent. Within thirty (30) days of the date of the expiration of the term of this Lease Agreementor the date of sooner termination hereof, including renewals and extensions, and at its sole expense, keep and maintain the Premises in a clean, safe, sanitary and first class condition and in Tenant shall provide to Landlord appropriate evidence of compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s obligations hereunder shall include but not be limited to the maintenance, repair and replacement, if necessary, of mechanical, heating and air conditioning fixtures, equipment, and systems; all lighting and electrical systems; all plumbing fixtures and equipment; any and all other fixtures, motors and machinery; all interior walls, partitions, doors and windows, including the regular painting thereof; all exterior entrances, windows, doors, garage doors, docks and dock levelers, bumpers and seals, and docks ECRA/ISRA and the replacement of all broken glass; rules, regulations and all interior walls, columns, floors directives promulgated in connection therewith and doors of the trash enclosures. When used in this provision, the term “repairs” shall include replacements or renewals when necessary, and all such repairs made by Tenant shall be equal in quality and class applicable to the original work. The Tenant shall keep and maintain all portions Tenant's surrendering of the Premises, trash enclosures the Building, the Building Area and the sidewalk Common Facilities to Landlord and areas adjoining ceasing its operations therein and thereon. Evidence of compliance as used in this paragraph and this Lease shall be deemed to include a letter of non- applicability regarding ECRA/ISRA or a letter of negative declaration issued by the same New Jersey Department of Environmental Protection and Energy. Tenant hereby agrees to execute such documents as Landlord reasonably deems necessary to make such application as Landlord reasonably requires to assure compliance resulting from Tenant's use of the Demised Premises, including, but not limited to, payment of state agency fees, engineering fees, clean-up costs, filing fees, and suretyship expenses. As used in a safethis Lease, clean ECRA/ISRA compliance shall include applications for determinations of non-applicability by the appropriate governmental authority. The foregoing undertaking shall survive the termination or sooner expiration of this Lease and orderly conditionsurrender of the Demised Premises and shall also survive sale, free lease, or assignment of accumulation the Demised Premises by Landlord. Tenant agrees to indemnify and hold Landlord harmless from any violation of dirt and rubbishECRA/ISRA occasioned by Tenant's use of the Demised Premises. Tenant shall be responsible for the prompt removal immediately provide Landlord with copies of snowall correspondence, ice reports, notices, orders, findings, declarations, and other hazardous conditions accumulating or occurring on the sidewalks and walkways between the Premises and parking areas. Maintenance of the HVAC shall specifically include the reasonable cost of semi-annual inspections performed by Landlord’s own engineers or by an independent mechanical contractor who shall be contracted for by Landlord. In either event, said cost shall be included by Landlord in Operating Expenses under Article 3 of this Lease Agreement and Landlord warrants that any such cost will be reasonable and competitive. If Tenant fails, refuses or neglects to maintain or repair the Premises as required in this Lease Agreement after written notice shall have been given to Tenant, in accordance with Article 33 of this Lease Agreement, Landlord may at its option make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof, and upon completion thereof, Tenant shall pay to Landlord all costs plus 10% of overhead incurred by Landlord in making such repairs upon presentation to Tenant of a bxxx therefore. Landlord shall repair, at its expense, the structural portions of the Building, provided however where structural repairs are required to be made by reason of the acts of Tenant, the costs thereof shall be borne by Tenant and payable by Tenant to Landlord upon demand. Landlord shall be responsible for all outside maintenance of the Premises, including grounds, parking areas and outside areas around trash enclosures. All such maintenance which is the responsibility of Landlord shall be provided as reasonably necessary materials pertinent to the comfortable use Tenant's compliance and occupancy the Department of Premises during business hours, except Saturdays, Sundays Environmental Protection and holidays, upon Energy ("DEPE") requirements under ECRA/ISRA as they are issued or received by the condition that Landlord shall not be liable for damages for failure to do so due to causes beyond its control. Landlord shall ensure access to the Premises, including timely snow removal all daysTenant.

Appears in 2 contracts

Samples: Lease Agreement (Computer Outsourcing Services Inc), Lease Agreement (Infocrossing Inc)

CARE AND REPAIR OF PREMISES. Tenant shall, at all times throughout the Term of this Lease Agreement, including renewals and extensions, and at its sole expense, keep and maintain will not commit any act that damages the Premises in a clean, safe, sanitary or Building and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s obligations hereunder shall include but not be limited to the maintenance, repair and replacement, if necessary, of mechanical, heating and air conditioning fixtures, equipment, and systems; all lighting and electrical systems; all plumbing fixtures and equipment; any and all other fixtures, motors and machinery; all interior walls, partitions, doors and windows, including the regular painting thereof; all exterior entrances, windows, doors, garage doors, docks and dock levelers, bumpers and seals, and docks and the replacement of all broken glass; and all interior walls, columns, floors and doors of the trash enclosures. When used in this provision, the term “repairs” shall include replacements or renewals when necessary, and all such repairs made by Tenant shall be equal in quality and class to the original work. The Tenant shall keep and maintain all portions will take good care of the Premises, trash enclosures and will comply with all Legal Requirements relating to Tenant’s use and/or manner of use of the Premises. Landlord will, at Tenant’s expense, make all necessary repairs to the Premises. Landlord will make all necessary repairs to the Common Facilities. The cost of repairs to the Common Facilities will be included in Operating Costs, except where the repair has been made necessary by misuse or neglect by Tenant or Tenant’s agents, employees, contractors, invitees, visitors or licensees (collectively, “Tenant’s Agents”), in which event Landlord will nevertheless make the repair but Tenant will pay to Landlord, as Additional Rent, upon demand, the cost incurred by Landlord to complete such repairs. Except as may otherwise be set forth in Exhibit C attached hereto, all improvements made by Tenant prior to or after the commencement of the Term which are attached to the Premises will, at Landlord’s option, become the property of Landlord upon the expiration or sooner termination of this Lease. Not later than the last day of the Term, Tenant will, at Tenant’s expense, remove from the Building all of Tenant’s personal property and those improvements made by Tenant which Landlord has not elected by notice to Tenant to retain as Landlord’s property, as well as all trade fixtures (other than built-in cabinet work), moveable partitions, telephone, computer, data and antenna wiring, cabling and related conduit and the sidewalk like. Tenant will repair all injury done by or in connection with the installation or removal of said property, improvements, wiring and areas adjoining the same like; cap or terminate all telephone, computer and data connections at service entry panels in a safeaccordance with Legal Requirements; and surrender the Premises in as good condition as they were at the beginning of the Term, clean except for reasonable wear and orderly conditiondamage by casualty or other cause not due to the misuse or neglect by Tenant and/or Tenant’s Agents. All property of Tenant remaining on the Premises after the last day of the Term will be conclusively deemed abandoned and may be removed and discarded or stored at Tenant’s risk by Landlord, free and Tenant will pay Landlord for the cost of accumulation of dirt such removal, discarding and/or storage. Notwithstanding anything contained herein to the contrary, Tenant shall remove all installations that are “non-standard office improvements”. For purposes hereof, “non-standard office improvements” shall mean raised flooring, interior staircases. vaults, elevators, modifications to the Building’s utility and rubbishmechanical systems and unusual configuration for first class office space. Tenant shall be responsible for the prompt removal of snow, ice and other hazardous conditions accumulating or occurring on the sidewalks and walkways between repair any damage to the Premises resulting from such removal Tenant is responsible throughout the Term for all costs related to the repair and parking areas. Maintenance maintenance of the any additional or supplemental HVAC shall specifically include the reasonable cost of semi-annual inspections performed by Landlord’s own engineers or by an independent mechanical contractor who shall be contracted for by Landlord. In either eventsystems, said cost shall be included by Landlord in Operating Expenses under Article 3 of this Lease Agreement appliances and Landlord warrants that any such cost will be reasonable and competitive. If Tenant fails, refuses or neglects to maintain or repair equipment serving exclusively the Premises as required in this Lease Agreement after written notice shall have been given or installed to Tenant, in accordance with Article 33 of this Lease Agreement, Landlord may at its option make such repairs without liability to Tenant for any loss or damage that may accrue to meet Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof, specific requirements. Tenant will purchase and upon completion thereof, Tenant shall pay maintain throughout the Term an annual full maintenance and service contract for this equipment and will forward a copy of each proposed contract to Landlord all costs plus 10% of overhead incurred by Landlord in making such repairs upon presentation for its approval prior to Tenant of a bxxx therefore. Landlord shall repair, at its expense, the structural portions of the Building, provided however where structural repairs are required to be made by reason of the acts of Tenant, the costs thereof shall be borne by Tenant and payable by Tenant to Landlord upon demand. Landlord shall be responsible for all outside maintenance of the Premises, including grounds, parking areas and outside areas around trash enclosures. All such maintenance which is the responsibility of Landlord shall be provided as reasonably necessary to the comfortable use and occupancy of Premises during business hours, except Saturdays, Sundays and holidays, upon the condition that Landlord shall not be liable for damages for failure to do so due to causes beyond its control. Landlord shall ensure access to the Premises, including timely snow removal all dayssigning it.

Appears in 1 contract

Samples: Agreement (Eagle Pharmaceuticals, Inc.)

CARE AND REPAIR OF PREMISES. Tenant Lessee shall commit no act of waste and shall take good care of the Premises and the fixtures and appurtenances therein, and shall, in the use and occupancy of the Premises, conform to all laws, orders and regulations of the federal, state and municipal governments or any of their departments affecting the Premises and with any and all environmental requirements resulting from the Lessee's use of the Premises, this covenant to survive the expiration or sooner termination of the Lease. Lessor shall, subject to the same being included in Operating Costs, make all necessary repairs to the Premises, Common Facilities and to the assigned parking areas, if any, except where the repair has been made necessary by misuse or neglect by Lessee or Lessee's agents, servants, visitors or licensees, in which event Lessor shall nevertheless make the repair but Lessee shall pay to Lessor, as Additional Rent, immediately upon demand, the costs therefor. All improvements made by Lessee to the Premises, which are so attached to the Premises, shall become the property of Lessor upon installation. Not later than the last day of the Term, Lessee shall, at Lessee's expense, remove all times throughout Lessee's personal property and those improvements made by Lessee which have not become the property of Lessor, including trade fixtures, cabinetwork, movable paneling, partitions and the like; repair all injury done by or in connection with the installation or removal of said property and improvements; and surrender the Premises in as same condition as they were at the beginning of the Term, reasonable wear and damage by fire, the elements, casualty or other cause not due to the misuse or neglect by Lessee, Lessee's agents, servants, visitors or licensees excepted. All other property of Lessee remaining on the Premises after the last day of the Term of this Lease Agreement, including renewals shall be conclusively deemed abandoned and extensionsmay be removed by Lessor, and Lessee shall reimburse Lessor for the cost of such removal. Lessor may have any such property stored at its sole Lessee's risk and expense. Lessee shall not generate, keep handle, dispose, bring, store or discharge or permit the generation, handling, disposal, bringing, storage or discharge of any hazardous substances or wastes (collectively, "Hazardous Materials") in, upon or about the Premises, the Building or the Office Building Area in violation of any laws and/or requirements of public authorities (hereinafter collectively referred to as "Prohibited Actions"). Lessee shall indemnify and maintain the Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s obligations hereunder shall include but not be limited to the maintenance, repair and replacement, if necessary, of mechanical, heating and air conditioning fixtures, equipment, and systems; all lighting and electrical systems; all plumbing fixtures and equipment; hold Lessor harmless against any and all other fixturesloss, motors and machinery; all interior wallscost, partitionsdamage, doors and windowsliability or expense (including without limitation, including the regular painting thereof; all exterior entrances, windows, doors, garage doors, docks and dock levelers, bumpers and sealsattorney's fees, and docks and disbursements) which Lessor may sustain or incur as a result of any Prohibited Actions. Lessee shall have no liability with respect to any Prohibited Action that occurred, or the replacement presence of all broken glass; and all interior walls, columns, floors and doors of the trash enclosures. When used any Hazardous Materials in this provision, the term “repairs” shall include replacements or renewals when necessary, and all such repairs made by Tenant shall be equal in quality and class to the original work. The Tenant shall keep and maintain all portions of the Premises, trash enclosures and Building or Office Building Area which existed, prior to the sidewalk and areas adjoining the same in a safeCommencement Date, clean and orderly condition, free of accumulation of dirt and rubbish. Tenant shall be responsible for the prompt removal of snow, ice and other hazardous conditions accumulating or occurring on the sidewalks and walkways between the Premises and parking areas. Maintenance of the HVAC shall specifically include the reasonable cost of semi-annual inspections performed unless caused by Landlord’s own engineers or by an independent mechanical contractor who shall be contracted for by Landlord. In either event, said cost shall be included by Landlord in Operating Expenses under Article 3 of this Lease Agreement and Landlord warrants that any such cost will be reasonable and competitive. If Tenant fails, refuses or neglects to maintain or repair the Premises as required in this Lease Agreement after written notice shall have been given to Tenant, in accordance with Article 33 of this Lease Agreement, Landlord may at its option make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof, and upon completion thereof, Tenant shall pay to Landlord all costs plus 10% of overhead incurred by Landlord in making such repairs upon presentation to Tenant of a bxxx therefore. Landlord shall repair, at its expense, the structural portions of the Building, provided however where structural repairs are required to be made by reason of the acts or omissions of TenantLessee, the costs thereof shall be borne by Tenant and payable by Tenant to Landlord upon demand. Landlord shall be responsible for all outside maintenance of the Premisesits employees, including grounds, parking areas and outside areas around trash enclosures. All such maintenance which is the responsibility of Landlord shall be provided as reasonably necessary to the comfortable use and occupancy of Premises during business hours, except Saturdays, Sundays and holidays, upon the condition that Landlord shall not be liable for damages for failure to do so due to causes beyond its control. Landlord shall ensure access to the Premises, including timely snow removal all daysagents or contractors.

Appears in 1 contract

Samples: Lease (Bluestone Software Inc)

CARE AND REPAIR OF PREMISES. Tenant shall, at all times throughout the Term of this Lease AgreementLease, including renewals and extensions, and at its sole expense, keep and maintain the Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s obligations hereunder shall include but not be limited to the maintenance, repair and replacement, if necessary, of (i) those portions of the following systems that solely service the Premises: mechanical, heating and air conditioning fixtures, equipment, and systems; all lighting and electrical systems; all plumbing fixtures and equipment; any and all other fixtures, motors and machinery; (ii) all interior walls, partitions, doors and windows, including the regular painting thereof; thereof-, all exterior entrances, (iii) windows, doors, garage doors, docks and dock levelers, bumpers and sealsbumpers, and docks and the replacement of all broken glass; and (iv) all interior walls, columns, floors walls and doors of the trash enclosures. When used in this provision, the term “repairs” shall include replacements or renewals when necessary, and all such repairs made by Tenant shall be equal in quality and class to the original work. The Tenant shall keep and maintain all portions of the Premises, trash enclosures and the sidewalk and areas adjoining the same in a safe, clean and orderly condition, free of accumulation of dirt and rubbish. Tenant shall be responsible for the prompt removal of snow, ice and other hazardous conditions accumulating or occurring on the sidewalks and walkways between the Premises and parking areas; provided, however, Landlord is responsible for maintenance, repair and replacement of such sidewalks and walkways. Maintenance of the HVAC shall specifically include the reasonable cost of semi-annual quarterly inspections performed by Landlord’s own engineers or by an independent mechanical contractor who shall be contracted for by Landlord. In either event, said cost shall be included by Landlord in Operating Expenses under Article 3 of this Lease Agreement Agreement. Notwithstanding the foregoing, Landlord shall be responsible for replacing the HVAC system if Landlord determines that it must be replaced, and each year during the Term, as the same may be extended pursuant to Article 46 of the Addendum attached hereto, Tenant shall pay one-tenth of the cost of replacing the HVAC system, which shall be paid by Tenant as part of Operating Expenses. Landlord represents and warrants that the HVAC, electrical and plumbing systems are all in good working order as of the Commencement Date. Notwithstanding anything to the contrary set forth herein, Tenant shall pay no more than (i) $2,500.00 in the aggregate for repairs to the HVAC system in any such cost will be reasonable one instance and competitive(ii) $5,000.00 in the aggregate for repairs to the HVAC system in any one calendar year. If Tenant fails, refuses or neglects to maintain or repair the Premises as required in this Lease Agreement after written notice shall have been given to TenantTenant and the applicable cure period has expired, in accordance with Article 33 of this Lease AgreementLease, Landlord may at its option make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereofthereof so long as Landlord uses reasonable care in performing such work, and upon completion thereof, Tenant shall pay to Landlord all costs plus 105% of overhead incurred by Landlord in making such repairs upon presentation to Tenant of a bxxx xxxx therefore. Landlord shall repair, at its expense, the structural portions of the Building, provided however where structural repairs are required to be made by reason of the acts of Tenant, the costs thereof shall be borne by Tenant and payable by Tenant to Landlord upon within thirty (30) days after written demand. Landlord shall be responsible for all outside maintenance of the Premises, and all maintenance of Common Areas, including grounds, parking areas and outside areas around trash enclosures. All such maintenance which is the responsibility of Landlord shall be provided as reasonably necessary to the comfortable use and occupancy of Premises during business hours, except Saturdays, Sundays and holidays, upon the condition that Landlord shall not be liable for damages for failure to do so due to causes beyond its control. Except as otherwise provided in this Lease, Landlord shall ensure access maintain and operate the Property in material compliance with all applicable governmental laws, ordinances, rules and regulations so as not to materially and adversely affect Tenant’s use and occupancy of the Premises; provided, however, except as otherwise provided in this Lease, Landlord will make modifications and/or improvements to the Premises, including timely snow removal all daysBuilding only if ordered to do so by the appropriate governmental authority.

Appears in 1 contract

Samples: Commercial Lease (Entellus Medical Inc)

CARE AND REPAIR OF PREMISES. Tenant shall, at all times throughout the Term of this Lease Agreement, including renewals and extensions, and at its sole expense, keep and maintain will not commit any act that damages the Premises in a clean, safe, sanitary or Building and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s obligations hereunder shall include but not be limited to the maintenance, repair and replacement, if necessary, of mechanical, heating and air conditioning fixtures, equipment, and systems; all lighting and electrical systems; all plumbing fixtures and equipment; any and all other fixtures, motors and machinery; all interior walls, partitions, doors and windows, including the regular painting thereof; all exterior entrances, windows, doors, garage doors, docks and dock levelers, bumpers and seals, and docks and the replacement of all broken glass; and all interior walls, columns, floors and doors of the trash enclosures. When used in this provision, the term “repairs” shall include replacements or renewals when necessary, and all such repairs made by Tenant shall be equal in quality and class to the original work. The Tenant shall keep and maintain all portions will take good care of the Premises, trash enclosures and will comply with all Legal Requirements affecting the Premises or the Tenant’s use and/or occupancy of the Premises. Landlord will, at Tenant’s expense, make all necessary repairs to the Premises. Landlord will make all necessary repairs to the Common Facilities. The cost of repairs to the Common Facilities will be included in Operating Costs, except where the repair has been made necessary by misuse or neglect by Tenant or Tenant’s agents, employees, contractors, invitees, visitors or licensees (collectively, “Tenant’s Agents”), in which event Landlord will nevertheless make the repair but Tenant will pay to Landlord, as Additional Rent, upon demand, the cost incurred by Landlord to complete such repairs. All improvements made by Tenant prior to or after the commencement of the Term which are attached to the Premises will, at Landlord’s option, become the property of Landlord upon the expiration or sooner termination of this Lease. Not later than the last day of the Term, Tenant will, at Tenant’s expense, remove from the Building all of Tenant’s personal property and those improvements made by Tenant which Landlord has not elected by notice to Tenant to retain as Landlord’s property, as well as all trade fixtures (other than built-in cabinet work), moveable partitions, telephone, computer, data and antenna wiring, cabling and related conduit and the sidewalk like. Tenant will repair all injury done by or in connection with the installation or removal of said property, improvements, wiring and areas adjoining the same like; cap or terminate all telephone, computer and data connections at service entry panels in a safeaccordance with Legal Requirements; and surrender the Premises in as good condition as they were at the beginning of the Term, clean except for reasonable wear and orderly conditiondamage by casualty or other cause not due to the misuse or neglect by Tenant and/or Tenant’s Agents. All property of Tenant remaining on the Premises after the last day of the Term will be conclusively deemed abandoned and may be removed and discarded or stored at Tenant’s risk by Landlord, free and Tenant will pay Landlord for the cost of accumulation of dirt such removal, discarding and/or storage. Notwithstanding anything contained herein to the contrary, Tenant shall remove all installations that are “non-standard office improvements”. For purposes hereof, “non-standard office improvements” shall mean raised flooring, interior staircases, vaults, elevators, modifications to the Building’s utility and rubbishmechanical systems and unusual configuration for first class office space. Tenant shall be responsible for the prompt removal of snow, ice and other hazardous conditions accumulating or occurring on the sidewalks and walkways between repair any damage to the Premises and parking areasresulting from such removal. Maintenance of the HVAC shall specifically include the reasonable cost of semi-annual inspections performed by Landlord’s own engineers or by an independent mechanical contractor who shall be contracted for by Landlord. In either event, said cost shall be included by Landlord in Operating Expenses under Article 3 of this Lease Agreement and Landlord warrants that any such cost will be reasonable and competitive. If Tenant fails, refuses or neglects to maintain or repair the Premises as required in this Lease Agreement after written notice shall have been given to Tenant, in accordance with Article 33 of this Lease Agreement, Landlord may at its option make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof, and upon completion thereof, Tenant shall pay to Landlord all costs plus 10% of overhead incurred by Landlord in making such repairs upon presentation to Tenant of a bxxx therefore. Landlord shall repair, at its expense, the structural portions of the Building, provided however where structural repairs are required to be made by reason of the acts of Tenant, the costs thereof shall be borne by Tenant and payable by Tenant to Landlord upon demand. Landlord shall be is responsible for all outside costs related to the repair and maintenance of any additional or supplemental HVAC systems, appliances and equipment serving exclusively the Premises, including grounds, parking areas Premises or installed to meet Tenant’s specific requirements. Tenant will purchase and outside areas around trash enclosures. All such maintain throughout the Term an annual full maintenance which is the responsibility and service contract for this equipment and will forward a copy of each proposed contract to Landlord shall be provided as reasonably necessary for its approval prior to the comfortable use and occupancy of Premises during business hours, except Saturdays, Sundays and holidays, upon the condition that Landlord shall not be liable for damages for failure to do so due to causes beyond its control. Landlord shall ensure access to the Premises, including timely snow removal all dayssigning it.

Appears in 1 contract

Samples: Lease Agreement (Intelligroup Inc)

CARE AND REPAIR OF PREMISES. Tenant shall, at all times throughout the Term of this Lease AgreementLease, including renewals and extensions, and at its sole expense, keep and maintain the Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s 's obligations hereunder shall include but not be limited to the maintenance, repair and replacement, if necessary, of mechanical, heating and air conditioning fixtures, equipment, and systems; all lighting and electrical systems; all plumbing fixtures and equipment; any and all other fixtures, motors and machinery; all interior walls, partitions, doors and windows, including the regular painting thereof; all exterior entrances, windows, doors, garage doors, docks and dock levelers, bumpers and seals, and docks and the replacement of all broken glass; and all interior walls, columns, floors and doors of the trash enclosures. When used in this provision, the term "repairs" shall include replacements or renewals when necessary, and all such repairs made by Tenant shall be equal in quality and class to the original work. The Tenant shall keep and maintain all portions of the Premises, trash enclosures and the sidewalk and areas adjoining the same in a safe, clean and orderly condition, free of accumulation of dirt and rubbish. Tenant shall be responsible for the prompt removal of snow, ice and other hazardous conditions accumulating or occurring on the sidewalks and walkways between the Premises and parking areas. Maintenance of the HVAC shall specifically include the reasonable cost of semi-annual quarterly inspections performed by Landlord’s 's own engineers or by an independent mechanical contractor who shall be contracted for by Landlord. In either event, said cost shall be included by Landlord in Operating Expenses under Article 3 of this Lease Agreement and Landlord warrants that any such cost will be reasonable and competitive. If Tenant fails, refuses or neglects to maintain or repair the Premises as required in this Lease Agreement after written notice shall have been given to Tenant, in accordance with Article 33 of this Lease AgreementLease, Landlord may may, at its option option, make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s 's merchandise, fixtures or other property or to Tenant’s 's business by reason thereof, and upon completion thereof, Tenant shall pay to Landlord all costs plus 10% of overhead incurred by Landlord in making such repairs upon presentation to Tenant of a bxxx therefore. Landlord shall repair, at its expense, the structural portions of the Building, provided however where structural repairs are required to be made by reason of the acts of Tenant, the costs thereof shall be borne by Tenant and payable by Tenant to Landlord upon demand. Landlord shall be responsible for all outside maintenance of the Premises, including grounds, parking areas and outside areas around trash enclosures. All such maintenance which is the responsibility of Landlord shall be provided as reasonably necessary to the comfortable use and occupancy of Premises during business hours, except Saturdays, Sundays and holidays, upon the condition that Landlord shall not be liable for damages for failure to do so due to causes beyond its control. Landlord shall ensure access to the Premises, including timely snow removal all days.

Appears in 1 contract

Samples: Commercial Lease (Celcuity Inc.)

CARE AND REPAIR OF PREMISES. Tenant shall, at all times throughout the Term of this Lease Agreement, including renewals and extensions, and at its sole expense, keep and maintain xxxx not commit any act that damages the Premises in a clean, safe, sanitary or Building and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s obligations hereunder shall include but not be limited to the maintenance, repair and replacement, if necessary, of mechanical, heating and air conditioning fixtures, equipment, and systems; all lighting and electrical systems; all plumbing fixtures and equipment; any and all other fixtures, motors and machinery; all interior walls, partitions, doors and windows, including the regular painting thereof; all exterior entrances, windows, doors, garage doors, docks and dock levelers, bumpers and seals, and docks and the replacement of all broken glass; and all interior walls, columns, floors and doors of the trash enclosures. When used in this provision, the term “repairs” shall include replacements or renewals when necessary, and all such repairs made by Tenant shall be equal in quality and class to the original work. The Tenant shall keep and maintain all portions will take good care of the Premises, trash enclosures and will comply with all Legal Requirements affecting the Premises or the Tenant’s use and/or occupancy of the Premises. Landlord will, at Tenant’s expense, make all necessary repairs to the Premises. Landlord will make all necessary repairs to the Common Facilities. The cost of repairs to the Common Facilities will be included in Operating Costs, except where the repair has been made necessary by misuse or neglect by Tenant or Tenant’s agents, employees, contractors, invitees, visitors or licensees (collectively, “Tenant’s Agents”), in which event Landlord will nevertheless make the repair but Tenant will pay to Landlord, as Additional Rent, upon demand, the cost incurred by Landlord to complete such repairs. All improvements made by Tenant prior to or after the commencement of the Term which are attached to the Premises will, at Landlord’s option, become the property of Landlord upon the expiration or sooner termination of this Lease. Not later than the last day of the Term, Tenant will, at Tenant’s expense, remove from the Building all of Tenant’s personal property and those improvements made by Tenant which Landlord has not elected by notice to Tenant to retain as Landlord’s property, as well as all trade fixtures (other than built-in cabinet work), moveable partitions, telephone, computer, data and antenna wiring, cabling and related conduit and the sidewalk like. Tenant will repair all injury done by or in connection with the installation or removal of said property, improvements, wiring and areas adjoining the same like; cap or terminate all telephone, computer and data connections at service entry panels in a safeaccordance with Legal Requirements; and surrender the Premises in as good condition as they were at the beginning of the Term, clean except for reasonable wear and orderly conditiondamage by casualty or other cause not due to the misuse or neglect by Tenant and/or Tenant’s Agents. All properly of Tenant remaining on the Premises after the last day of the Term will be conclusively deemed abandoned and may be removed and discarded or stored at Tenant’s risk by Landlord, free and Tenant will pay Landlord for the cost of accumulation of dirt such removal, discarding and/or storage. Notwithstanding anything contained herein to the contrary, Tenant shall remove all installations that are “non-standard office improvements”. For purposes hereof, “non-standard office improvements” shall mean raised flooring, interior staircases, vaults, elevators, modifications to the Building’s utility and rubbishmechanical systems and unusual configuration for first class office space. Tenant shall be repair any damage to the Premises resulting from such removal. Tenant is responsible for alt costs related to the prompt removal repair and maintenance of snowany additional or supplemental HVAC systems, ice appliances and other hazardous conditions accumulating or occurring on the sidewalks and walkways between equipment serving exclusively the Premises and parking areas. Maintenance of the HVAC shall specifically include the reasonable cost of semi-annual inspections performed by Landlord’s own engineers or by an independent mechanical contractor who shall be contracted for by Landlord. In either event, said cost shall be included by Landlord in Operating Expenses under Article 3 of this Lease Agreement and Landlord warrants that any such cost will be reasonable and competitive. If Tenant fails, refuses or neglects installed to maintain or repair the Premises as required in this Lease Agreement after written notice shall have been given to Tenant, in accordance with Article 33 of this Lease Agreement, Landlord may at its option make such repairs without liability to Tenant for any loss or damage that may accrue to meet Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof, specific requirements. Tenant will purchase and upon completion thereof, Tenant shall pay maintain throughout the Term an annual full maintenance and service contract for this equipment and will forward a copy of each proposed contract to Landlord all costs plus 10% of overhead incurred by Landlord in making such repairs upon presentation for its approval prior to Tenant of a bxxx therefore. Landlord shall repair, at its expense, the structural portions of the Building, provided however where structural repairs are required to be made by reason of the acts of Tenant, the costs thereof shall be borne by Tenant and payable by Tenant to Landlord upon demand. Landlord shall be responsible for all outside maintenance of the Premises, including grounds, parking areas and outside areas around trash enclosures. All such maintenance which is the responsibility of Landlord shall be provided as reasonably necessary to the comfortable use and occupancy of Premises during business hours, except Saturdays, Sundays and holidays, upon the condition that Landlord shall not be liable for damages for failure to do so due to causes beyond its control. Landlord shall ensure access to the Premises, including timely snow removal all dayssigning it.

Appears in 1 contract

Samples: Agreement (Ophthotech Corp.)

CARE AND REPAIR OF PREMISES. Tenant shall, at all times throughout the Term of this Lease Agreement, including renewals and extensions, and at its sole expense, keep and maintain will not commit any act that damages the Premises in a clean, safe, sanitary or Building and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s obligations hereunder shall include but not be limited to the maintenance, repair and replacement, if necessary, of mechanical, heating and air conditioning fixtures, equipment, and systems; all lighting and electrical systems; all plumbing fixtures and equipment; any and all other fixtures, motors and machinery; all interior walls, partitions, doors and windows, including the regular painting thereof; all exterior entrances, windows, doors, garage doors, docks and dock levelers, bumpers and seals, and docks and the replacement of all broken glass; and all interior walls, columns, floors and doors of the trash enclosures. When used in this provision, the term “repairs” shall include replacements or renewals when necessary, and all such repairs made by Tenant shall be equal in quality and class to the original work. The Tenant shall keep and maintain all portions will take good care of the Premises, trash enclosures and will comply with all Legal Requirements affecting the Premises or the Tenant’s use and/or occupancy of the Premises. Landlord will, at Tenant’s expense, make all necessary repairs to the Premises. Landlord will make all necessary repairs to the Common Facilities. The cost of repairs to the Common Facilities will be included in Operating Costs, except where the repair has been made necessary by misuse or neglect by Tenant or Tenant’s agents, employees, contractors, invitees, visitors or licensees (collectively, “Tenant’s Agents”), in which event Landlord will nevertheless make the repair but Tenant will pay to Landlord, as Additional Rent, upon demand, the cost incurred by Landlord to complete such repairs. All improvements made by Tenant prior to or after the commencement of the Term which are attached to the Premises will, at Landlord’s option, become the property of Landlord upon the expiration or sooner termination of this Lease. At Tenant’s request, Landlord shall notify Tenant prior to any improvements made by Tenant whether Landlord will require such improvements to be removed upon the Expiration Date. Not later than the last day of the Term, Tenant will, at Tenant’s expense, remove from the Building all of Tenant’s personal property and those improvements made by Tenant which Landlord has not elected by notice to Tenant to retain as Landlord’s property, as well as all trade fixtures (other than built-in cabinet work), moveable partitions, workstation modules, telephone, computer, data and antenna wiring, cabling and related conduit and the sidewalk and areas adjoining the same in a safe, clean and orderly condition, free of accumulation of dirt and rubbishlike. Tenant shall be responsible for will repair all injury done by or in connection with the prompt installation or removal of snowsaid property, ice improvements, wiring and other hazardous conditions accumulating the like; cap or occurring on the sidewalks terminate all telephone, computer and walkways between the Premises and parking areas. Maintenance of the HVAC shall specifically include the reasonable cost of semi-annual inspections performed by Landlord’s own engineers or by an independent mechanical contractor who shall be contracted for by Landlord. In either event, said cost shall be included by Landlord in Operating Expenses under Article 3 of this Lease Agreement and Landlord warrants that any such cost will be reasonable and competitive. If Tenant fails, refuses or neglects to maintain or repair the Premises as required in this Lease Agreement after written notice shall have been given to Tenant, data connections at service entry panels in accordance with Article 33 Legal Requirements; and surrender the Premises in as good condition as they were at the beginning of this Lease Agreementthe Term, Landlord may at its option make such repairs without liability except for reasonable wear and damage by casualty or other cause not due to the misuse or neglect by Tenant for any loss or damage that may accrue to and/or Tenant’s merchandise, fixtures Agents. All property of Tenant remaining on the Premises after the last day of the Term will be conclusively deemed abandoned and may be removed and discarded or other property or to stored at Tenant’s business risk by reason thereofLandlord, and upon completion thereofTenant will pay Landlord for the cost of such removal, discarding and/or storage. Notwithstanding anything contained herein to the contrary, Tenant shall pay to Landlord remove all costs plus 10% of overhead incurred by Landlord in making such repairs upon presentation to Tenant of a bxxx thereforeinstallations that are “non-standard office improvements”. Landlord shall repairFor purposes hereof, at its expense, the structural portions of the Building, provided however where structural repairs are required to be made by reason of the acts of Tenant, the costs thereof shall be borne by Tenant and payable by Tenant to Landlord upon demand. Landlord shall be responsible for all outside maintenance of the Premises, including grounds, parking areas and outside areas around trash enclosures. All such maintenance which is the responsibility of Landlord shall be provided as reasonably necessary to the comfortable use and occupancy of Premises during business hours, except Saturdays, Sundays and holidays, upon the condition that Landlord shall not be liable for damages for failure to do so due to causes beyond its control. Landlord shall ensure access to the Premises, including timely snow removal all days.

Appears in 1 contract

Samples: Lease (Inovio Biomedical Corp)

CARE AND REPAIR OF PREMISES. Tenant Lessee Shall commit no act of waste and shall take good care of the Premises and fixtures and appurtenances therein, and shall, at all times throughout in the Term of this Lease Agreement, including renewals use and extensions, and at its sole expense, keep and maintain the Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s obligations hereunder shall include but not be limited to the maintenance, repair and replacement, if necessary, of mechanical, heating and air conditioning fixtures, equipment, and systems; all lighting and electrical systems; all plumbing fixtures and equipment; any and all other fixtures, motors and machinery; all interior walls, partitions, doors and windows, including the regular painting thereof; all exterior entrances, windows, doors, garage doors, docks and dock levelers, bumpers and seals, and docks and the replacement of all broken glass; and all interior walls, columns, floors and doors of the trash enclosures. When used in this provision, the term “repairs” shall include replacements or renewals when necessary, and all such repairs made by Tenant shall be equal in quality and class to the original work. The Tenant shall keep and maintain all portions occupancy of the Premises, trash enclosures conform to all laws, orders and regulations of the sidewalk federal, state, county and areas adjoining municipal governments or any agency or department thereof. Lessee shall make all necessary repairs, not including structural repairs, to the same Premises at Lessee's sole cost and expense to preserve the Premises in good condition and working order. All of Lessee's repairs shall be of a first class quality and done in a safe, clean good and orderly condition, free workmanlike manner and performed by such contractors that have been approved by Lessor and have executed and delivered Lessor's standard indemnity agreement and provided a certificate of accumulation of dirt insurance evidencing liability coverage in such an amount and rubbishby such a carrier satisfactory to Lessor. Tenant All such work shall be responsible for scheduled in consultation with and subject to the prompt removal approval of snow, ice and other hazardous conditions accumulating or occurring on the sidewalks and walkways between the Premises and parking areas. Maintenance of the HVAC shall specifically include the reasonable cost of semi-annual inspections performed by Landlord’s own engineers or by an independent mechanical contractor who shall be contracted for by Landlord. In either event, said cost shall be included by Landlord in Operating Expenses under Article 3 of this Lease Agreement and Landlord warrants that any such cost will be reasonable and competitiveLessor. If Tenant fails, refuses or neglects Lessee shall fail to maintain or repair the Premises as required in this Lease Agreement after written notice shall have been given to Tenant, in accordance with Article 33 of this Lease Agreement, Landlord may at its option make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s merchandiseas are necessary, fixtures or other property or to Tenant’s business by reason thereof, and upon completion thereof, Tenant Lessor shall nevertheless make the necessary repairs but Lessee shall pay to Landlord all costs plus 10% of overhead incurred by Landlord in making such repairs Lessor, as additional rent, immediately upon presentation to Tenant of a bxxx therefore. Landlord shall repair, at its expense, the structural portions of the Building, provided however where structural repairs are required to be made by reason of the acts of Tenantdemand, the costs thereof shall be borne by Tenant and payable by Tenant to Landlord upon demand. Landlord shall be responsible for all outside maintenance of the Premises, including grounds, parking areas and outside areas around trash enclosurestherefor. All such maintenance which is the responsibility of Landlord shall be provided as reasonably necessary alterations, additions and improvements made by Lessee to the comfortable use and occupancy of premises, which are so attached to the Premises during business hours, except Saturdays, Sundays and holidays, upon the condition that Landlord shall they cannot be liable for damages for failure to do so due to causes beyond its control. Landlord shall ensure access removed without material injury to the Premises, shall become the property of Lessor upon installation. Not later than the last day of the term, Lessee shall, at Lessee's expense, (a) remove all Lessee's personal property and those improvements made by Lessee which have not become the property of Lessor, as hereinabove provided, (including timely snow trade fixtures, cabinetwork, movable paneling, partitions and the like); (b) repair all injury done by or in connection with the installation or removal of said property and improvements; and (c) surrender the Premises in as good condition as they were at the beginning of the term, reasonable wear and damage by fire, the elements, casualty, or other cause not due to the misuse or neglect or fault of or by Lessee, Lessee's agents, servants, visitors or licensees excepted. All other property of Lessee remaining on the Premises after the last day of the term of this Lease shall be conclusively deemed abandoned and may be removed by Lessor, and Lessee shall reimburse Lessor for the cost of such removal. Lessor may have any such property stored at Lessee's risk and expense. Any fixtures placed upon the Demised Premises shall be the property of the Lessor. Lessee shall not mortgage, hypothecate, assign or otherwise permit a lien to attach to said fixtures. At Lessor's option, prior to vacating the Demised Premises at the expiration or earlier termination of this Lease, Lessee shall remove all daystelephone and computer cable, wiring and flooring and deliver the Demised Premises in broom clean condition.

Appears in 1 contract

Samples: Lease Agreement (Vocaltec Communications LTD)

CARE AND REPAIR OF PREMISES. Tenant shallwill, at all times throughout the Term of this Lease Agreement, including renewals and any extensions, and at its sole expense, keep and maintain the Premises in a clean, safe, safe and sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s obligations hereunder shall will include but not be limited to without limitation, the maintenance, repair and repair, replacement, if necessary, necessary of mechanical, heating and air conditioning fixtures, equipment, and systems; all lighting and electrical systems; all plumbing fixtures and equipment; any and all other fixtures, motors and machinery; all interior walls, partitions, doors and windows, including the regular painting thereof; all exterior entrances, windows, doorsdoors and docks, garage doors, docks and dock levelers, bumpers and seals, and docks and the replacement of all broken glass; , of any fixture/equipment/component of heating, ventilation, air conditioning (“HVAC”) systems, all lighting systems, plumbing systems and all interior wallselectrical systems. In the event that an HVAC rooftop unit or ceiling hung unit heater requires replacement, columnsthe cost of such replacement will be shared between Landlord and Tenant, floors and doors Tenant’s share to be based on a ratio of the trash enclosurestime of occupancy to the nearest one-half year to the estimated useful life of the unit, unless caused by the misuse or neglect of Tenant. When Such estimations are fifteen (15) years for a roof top unit and ten (10) years for a ceiling hung unit heater under normal conditions. With the exception of HVAC equipment, when used in this provision, the term “repairs” shall will include replacements or renewals when necessaryreplacements, and all such repairs or replacements made by the Tenant shall will be of equal in quality and class to the original equipment or work. The Tenant shall will keep and maintain all portions of the Premises, trash enclosures Premises and the sidewalk sidewalk, parking areas and areas adjoining the same in a safe, clean and orderly condition, free of accumulation of dirt dirt, rubbish, snow and rubbish. Tenant shall be responsible for the prompt removal ice, regardless of snow, ice and other hazardous conditions accumulating or occurring on the sidewalks and walkways between the Premises and parking areas. Maintenance of the HVAC shall specifically include the reasonable cost of semi-annual inspections any CAM performed by Landlord’s own engineers or by an independent mechanical contractor who shall be contracted for by Landlord. In either event, said cost shall be included by Landlord Tenant will maintain a minimum temperature in Operating Expenses under Article 3 the Premises of this 40 degrees during the Lease Agreement and Landlord warrants that any such cost will be reasonable and competitiveTerm. If Tenant fails, refuses or neglects to maintain or repair the Premises as required in this Lease Agreement after written notice shall have has been given to Tenant, in accordance with Article 33 16.0 of this Lease AgreementLease, Landlord may at its option make such repairs or replacements without liability to Tenant Landlord for any loss or damage that may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof, and upon completion thereof, Tenant shall will pay to Landlord all costs plus 1015% of for overhead incurred by Landlord in making such repairs upon presentation to Tenant of a bxxx thereforeor replacements. Landlord shall will repair, at its expense, the structural portions of the Building, provided however where structural unless such repairs are required to be made by reason as a result of the acts of Tenant, its employs, agents, assigns or invitees, in which case the costs thereof shall will be borne by Tenant and payable by Tenant to Landlord upon demand. Landlord shall be responsible for all outside maintenance of the Premises, including grounds, parking areas and outside areas around trash enclosures. All such maintenance which is the responsibility of Landlord shall be provided as reasonably necessary to the comfortable use and occupancy of Premises during business hours, except Saturdays, Sundays and holidays, upon the condition that Landlord shall not be liable for damages for failure to do so due to causes beyond its control. Landlord shall ensure access to the Premises, including timely snow removal all daysLandlord.

Appears in 1 contract

Samples: Commercial Lease (Aetrium Inc)

CARE AND REPAIR OF PREMISES. Tenant shall, at all times throughout the Term of this Lease AgreementTerm, including all renewals and extensions, and at its sole expense, keep and maintain the interior and the exterior of the Building and the rest of the Premises in good repair and in a clean, safe, orderly, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations, free of any accumulation of dirt and rubbish, and Tenant shall arrange its own trash removal. Tenant’s 's obligations hereunder shall include include, but not be limited to to, the maintenance, repair repair, and replacement, if necessary, of mechanicalinterior lighting, heating HVAC, parking lot and air conditioning driveways located on the Premises (including periodic resurfacing as needed), sidewalks, loading docks and exterior light fixtures, equipmentlandscaping, electrical and systems; all lighting and electrical systems; all plumbing systems (including without limitation sewer lines), fixtures and equipment; any , restrooms, interior walls and all other fixtures, motors and machinery; all interior wallsceilings, partitions, doors and windows, including the regular painting thereof; all of the interior and the exterior entrancesof the Building, windows, doors, garage doors, docks and dock levelers, bumpers and seals, and docks and the replacement of all broken glass; glass from doors and all interior wallswindows unless breakage is due to a defect in the design, columns, floors and doors materials or workmanship of the trash enclosures. When used in Building (excluding Tenant's design errors), to a breach of Landlord's own repair and maintenance obligations under this provisionLease, the term “repairs” shall include replacements or renewals when necessary, and all such repairs made by Tenant shall be equal in quality and class to the original work. The Tenant shall keep and maintain all portions of the Premises, trash enclosures and the sidewalk and areas adjoining the same in a safe, clean and orderly condition, free of accumulation of dirt and rubbishLandlord's negligence. Tenant shall cause to be performed by a competent service company, preventive maintenance of the HVAC units serving the Premises as recommended by the equipment manufacturer. Tenant shall also be responsible for the prompt removal of snow, ice routine and other hazardous conditions accumulating or occurring on the sidewalks ordinary service and walkways between the Premises and parking areas. Maintenance of the HVAC shall specifically include the reasonable cost of semi-annual inspections performed by Landlord’s own engineers or by an independent mechanical contractor who shall be contracted for by Landlord. In either event, said cost shall be included by Landlord in Operating Expenses under Article 3 of this Lease Agreement and Landlord warrants that any such cost will be reasonable and competitive. If Tenant fails, refuses or neglects to maintain or repair the Premises as required in this Lease Agreement after written notice shall have been given to Tenant, in accordance with Article 33 of this Lease Agreement, Landlord may at its option make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof, and upon completion thereof, Tenant shall pay to Landlord all costs plus 10% of overhead incurred by Landlord in making such repairs upon presentation to Tenant of a bxxx therefore. Landlord shall repair, at its expense, the structural portions of the Building, provided however where structural repairs are required to be made by reason of the acts of Tenant, the costs thereof shall be borne by Tenant and payable by Tenant to Landlord upon demand. Landlord shall be responsible for all outside maintenance of the Premisesroof including reasonable preventive care, including grounds, parking areas and outside areas around trash enclosuresbut excluding Capital Repairs. All such maintenance which is the responsibility of Landlord shall be provided as reasonably necessary to the comfortable use and occupancy of Premises during business hours, except Saturdays, Sundays and holidays, upon the condition that Landlord shall not be liable for damages for failure to do so due to causes beyond its control. Landlord shall ensure access to the Premises, including timely snow removal all days.The term "

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

CARE AND REPAIR OF PREMISES. Tenant shall, at all times throughout the Term of this Lease Agreement, including renewals and extensions, and at its sole expense, keep and maintain will not commit any act that damages the Premises in a clean, safe, sanitary or Building and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s obligations hereunder shall include but not be limited to the maintenance, repair and replacement, if necessary, of mechanical, heating and air conditioning fixtures, equipment, and systems; all lighting and electrical systems; all plumbing fixtures and equipment; any and all other fixtures, motors and machinery; all interior walls, partitions, doors and windows, including the regular painting thereof; all exterior entrances, windows, doors, garage doors, docks and dock levelers, bumpers and seals, and docks and the replacement of all broken glass; and all interior walls, columns, floors and doors of the trash enclosures. When used in this provision, the term “repairs” shall include replacements or renewals when necessary, and all such repairs made by Tenant shall be equal in quality and class to the original work. The Tenant shall keep and maintain all portions will take good care of the Premises, trash enclosures and will comply with all Legal Requirements affecting the Premises or the Tenant’s use and/or occupancy of the Premises. Landlord will, at Tenant’s expense, make all necessary repairs to the Premises. Landlord will make all necessary repairs to the Common Facilities. The cost of repairs to the Common Facilities will be included in Operating Costs, except where the repair has been made necessary by misuse or neglect by Tenant or Tenant’s agents, employees, contractors, invitees, visitors or licensees (collectively, “Tenant’s Agents”), in which event Landlord will nevertheless make the repair but Tenant will pay to Landlord, as Additional Rent, upon demand, the cost incurred by Landlord to complete such repairs, except as set forth in Section 22(c) hereof. All improvements made by Tenant prior to or after the commencement of the Term which are attached to the Premises, except trade fixtures, will, at Landlord’s option, become the property of Landlord upon the expiration or sooner termination of this Lease. Not later than the last day of the Term, Tenant will, at Tenant’s expense, remove from the Building all of Tenant’s personal property and those improvements made by Tenant which Landlord has not elected by notice to Tenant to retain as Landlord’s property, as well as all trade fixtures (other than built-in cabinet work), moveable partitions, telephone, computer, data and antenna wiring, cabling and related conduit and the sidewalk like. Tenant will repair all injury done by or in connection with the installation or removal of said property, improvements, wiring and areas adjoining the same like; cap or terminate all telephone, computer and data connections at service entry panels in a safeaccordance with Legal Requirements; and surrender the Premises in as good condition as they were at the beginning of the Term, clean except for reasonable wear and orderly condition, free of accumulation of dirt and rubbishdamage by casualty or other cause not due to the misuse or neglect by Tenant and/or Tenant’s Agents. Tenant shall be responsible for have no obligation to remove any of the prompt removal wiring existing within the Premises prior to the date hereof. If existing wiring interferes with the installation of snownew wiring, ice Landlord, at its sole cost and other hazardous conditions accumulating or occurring expense, shall remove the existing wiring. All property of Tenant remaining on the sidewalks and walkways between Premises after the Premises and parking areas. Maintenance last day of the HVAC shall specifically include Term will be conclusively deemed abandoned and may be removed and discarded or stored at Tenant’s risk by Landlord, and Tenant will pay Landlord for the reasonable cost of semi-annual inspections performed by Landlord’s own engineers or by an independent mechanical contractor who shall be contracted for by Landlordsuch removal, discarding and/or storage. In either event, said cost shall be included by Landlord in Operating Expenses under Article 3 of this Lease Agreement and Landlord warrants that any such cost will be reasonable and competitive. If Tenant fails, refuses or neglects Notwithstanding anything contained herein to maintain or repair the Premises as required in this Lease Agreement after written notice shall have been given to Tenant, in accordance with Article 33 of this Lease Agreement, Landlord may at its option make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof, and upon completion thereofcontrary, Tenant shall pay to Landlord remove all costs plus 10% of overhead incurred by Landlord in making such repairs upon presentation to Tenant of a bxxx thereforeinstallations that are “non-standard office improvements”. Landlord shall repairFor purposes hereof, at its expense, the structural portions of the Building, provided however where structural repairs are required to be made by reason of the acts of Tenant, the costs thereof shall be borne by Tenant and payable by Tenant to Landlord upon demand. Landlord shall be responsible for all outside maintenance of the Premises, including grounds, parking areas and outside areas around trash enclosures. All such maintenance which is the responsibility of Landlord shall be provided as reasonably necessary to the comfortable use and occupancy of Premises during business hours, except Saturdays, Sundays and holidays, upon the condition that Landlord shall not be liable for damages for failure to do so due to causes beyond its control. Landlord shall ensure access to the Premises, including timely snow removal all days.

Appears in 1 contract

Samples: Lease (Arno Therapeutics, Inc)

CARE AND REPAIR OF PREMISES. Tenant shallwill, at all times throughout the Term of this Lease Agreement, including renewals and any extensions, and at its sole expense, keep and maintain the Premises in a clean, safe, sanitary and first class condition, comparable to the condition of the Premises at commencement of the Term of Lease and after completion of Tenant Improvements subject to ordinary wear and tear, and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s obligations hereunder shall will include but not be limited to without limitation, the maintenance, repair and repair, replacement, if necessary, necessary of mechanical, heating and air conditioning all fixtures, equipment, and systems; all lighting and electrical systems; all plumbing fixtures and equipment; any and all other fixtures, motors and machinery; all interior walls, partitions, doors and windows, including the regular painting thereof; all exterior entrances, windows, doorsdoors and docks, garage doors, docks and dock levelers, bumpers and seals, and docks and the replacement of all broken glass; , of any fixture/equipment/component of heating, ventilation, air conditioning (HVAC) systems subject to the limitations provided herein, all lighting systems, plumbing systems and all interior wallselectrical systems. With the exception of HVAC equipment, columns, floors and doors of the trash enclosures. When when used in this provision, the term "repairs” shall include replacements or renewals when necessary" includes replacements, and all such repairs or replacements made by the Tenant shall will be of equal in quality and class to the original equipment or work. The Tenant shall will keep and maintain all portions of the Premises, trash enclosures Premises and the sidewalk and areas adjoining the same in a safe, clean and orderly condition, free of accumulation of dirt dirt, rubbish, snow and rubbish. Tenant shall be responsible for the prompt removal ice, regardless of snow, ice and other hazardous conditions accumulating or occurring on the sidewalks and walkways between the Premises and parking areas. Maintenance of the HVAC shall specifically include the reasonable cost of semi-annual inspections any CAM performed by Landlord’s own engineers or by an independent mechanical contractor who shall be contracted for by Landlord. In either event, said cost shall be included by Landlord Tenant will maintain a minimum temperature in Operating Expenses under Article 3 the Premises of this Lease Agreement and Landlord warrants that any such cost will be reasonable and competitive40 degrees during the Term of Lease. If Tenant fails, refuses or neglects to maintain or repair the Premises as required in this Lease Agreement after written notice shall have has been given to Tenant, in accordance with Article 33 17.0 of this Lease AgreementLease, Landlord may at its option make such repairs or replacements without liability to Tenant Landlord for any loss or damage that may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof, and upon completion thereof, Tenant shall will pay to Landlord all costs plus 1015% of for overhead incurred by Landlord in making such repairs upon presentation to Tenant of a bxxx thereforeor replacements. Landlord shall will repair, at its expense, the structural portions of the Building, provided however where structural unless such repairs are required to be made by reason as a result of the acts of Tenant, its employs, agents, assigns or invitees, the costs thereof shall will be borne by Tenant and payable by Tenant to Landlord. The Landlord upon demand. Landlord shall will be responsible for all outside maintenance of the Premises, including grounds, grounds and parking areas and outside areas around trash enclosuresareas. All such maintenance which is the responsibility of the Landlord shall will be provided as reasonably necessary to the comfortable use and occupancy of Premises during business hours, except Saturdays, Sundays and holidays, upon the condition that the Landlord shall will not be liable for damages for failure to do so its performance due to causes beyond its control. Landlord shall ensure access to the Premises, including timely snow removal all days.

Appears in 1 contract

Samples: Commercial Lease (Aetrium Inc)

CARE AND REPAIR OF PREMISES. Tenant shall, at all times throughout the Term of this Lease AgreementTerm, including all renewals and extensions, and at its sole expense, keep and maintain the Premises in good repair and in a clean, safe, orderly, sanitary and first class condition in compliance with all applicable laws, codes, ordinances, rules and regulations, free of any accumulation of dirt and rubbish,, and Tenant shall arrange its own trash removal. Tenant's obligations shall include, but not be limited to, the maintenance, repair, and replacement, if necessary, of interior lighting, HVAC, electrical and plumbing systems (including without limitation sewer lines), fixtures and equipment, restrooms, interior walls and ceilings, partitions, doors and windows, regular painting of the interior, and the replacement of all broken glass from doors and windows unless breakage is due to a defect in the design, materials or workmanship of the Building (excluding Tenant's design errors), to a breach of Landlord's own repair and maintenance obligations under this Lease, or to Landlord's negligence. Tenant's responsibility in respect to the electrical and plumbing systems is limited to system components within the Premises and to any damage to the systems that is caused by Tenant. Tenant shall cause to be performed by a competent service company, preventive maintenance of the HVAC units serving the Premises as recommended by the equipment manufacturer. When used in this provision, the term "repairs" shall include ordinary and customary replacements or renewals when necessary, and all repairs made by Tenant shall be equal in quality and class to the original work. Tenant shall not be required to perform or pay for any structural expenditure on the Property in order to comply with (i) any law, ordinance, rule or regulation; or (ii) with any recommendation of Landlord's insurance rating organization, unless the same is required as the direct result of Tenant's particular use of the Premises (as opposed to Tenant's mere occupancy of the Premises or Tenant's conduct of business, generally), EXCEPT to the extent that Tenant is required to pay Tenant's Proportionate Share of amortized capital expenditures under Paragraph 4. If Tenant fails, refuses or neglects to maintain or repair the Premises and the Property as required in this Lease for ten (10) days after notice shall have been given Tenant, Landlord may make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant's merchandise, fixtures or other property or to Tenant's business by reason thereof (except that Landlord shall be liable for its own negligence or willful misconduct), and upon completion thereof, Tenant shall pay to Landlord all competitively priced costs plus eight percent (8%) for overhead incurred by Landlord in making such repairs within ten (10) days after Tenant receives from Landlord the xxxx therefor. Landlord shall be responsible for maintenance, repair and replacement of the parking lot, driveways, sidewalks, loading docks (if any), exterior light fixtures, landscaping, and other common areas located on the Property, the structural elements of the roof and shall keep the foundation (concrete slab floor), exterior walls, and all other structural portions of the Property and the Building (not otherwise designated to be maintained and repaired by Tenant) in good repair and in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s obligations hereunder shall include but not be limited to the maintenance, repair and replacement, if necessary, of mechanical, heating and air conditioning fixtures, equipment, and systems; all lighting and electrical systems; all plumbing fixtures and equipment; any and all other fixturesif necessary or required by proper governmental authority, motors and machinery; all interior walls, partitions, doors and windows, including the regular painting thereof; all exterior entrances, windows, doors, garage doors, docks and dock levelers, bumpers and seals, and docks and the replacement of all broken glass; and all interior walls, columns, floors and doors of the trash enclosures. When used in this provision, the term “repairs” shall include make modifications or replacements or renewals when necessary, and all such repairs made by Tenant shall be equal in quality and class to the original work. The Tenant shall keep and maintain all portions of the Premises, trash enclosures and the sidewalk and areas adjoining the same in a safe, clean and orderly condition, free of accumulation of dirt and rubbish. Tenant shall be responsible for the prompt removal of snow, ice and other hazardous conditions accumulating or occurring on the sidewalks and walkways between the Premises and parking areas. Maintenance of the HVAC shall specifically include the reasonable cost of semi-annual inspections performed by Landlord’s own engineers or by an independent mechanical contractor who shall be contracted for by Landlord. In either event, said cost shall be included by Landlord in Operating Expenses under Article 3 of this Lease Agreement and Landlord warrants that any such cost will be reasonable and competitive. If Tenant fails, refuses or neglects to maintain or repair the Premises as required in this Lease Agreement after written notice shall have been given to Tenant, in accordance with Article 33 of this Lease Agreement, Landlord may at its option make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof, and upon completion thereof, Tenant shall pay to Landlord all costs plus 10% of overhead incurred by Landlord in making such repairs upon presentation to Tenant of a bxxx therefore. Landlord shall repair, at its expense, the structural portions of the Building, provided however where structural repairs are required to be made by reason of the acts of Tenant, the costs thereof shall be borne by Tenant and payable by Tenant to Landlord upon demand. Landlord shall be responsible for all outside maintenance of the Premises, including grounds, parking areas and outside areas around trash enclosures. All such maintenance which is the responsibility of Landlord shall be provided as reasonably necessary to the comfortable use and occupancy of Premises during business hours, except Saturdays, Sundays and holidays, upon the condition that Landlord shall not be liable for damages for failure required to do so due to causes beyond make any such repairs, modifications or replacements which become necessary or desirable by reason of the negligence or willful misconduct of Tenant, its controlagents, servants or employees, by reason of anyone illegally entering or upon the Premises, which repairs, modifications or replacements shall be made by Tenant at its sole expense. Landlord shall ensure access also remedy, at Landlord's sole expense, any latent defects in the Premises existing at the beginning of the Lease Term as well as damage to the PremisesPremises caused by the willful act or negligence of Landlord or its agents; Landlord shall also repair any defects or failures in building systems to the extent the same were not constructed in accordance with the terms of this Lease or applicable law. Notwithstanding the foregoing, including timely snow removal all daysLandlord shall have no liability under this paragraph for any repair, maintenance or replacement required because of Tenant's own design error, and nothing in this paragraph will alter Tenant's obligation to pay Operating Costs to Landlord under Paragraph 4 even though this paragraph may impose on Landlord the obligation of performing the necessary maintenance, repair or replacement.

Appears in 1 contract

Samples: Lease Agreement (WWW Holdings Inc)

CARE AND REPAIR OF PREMISES. Tenant shall, at all times throughout the Term terms of this Lease AgreementLease, including renewals and extensions, and at its sole expense, keep and maintain the interior of the Premises in good repair and in a clean, safe, orderly, sanitary and first class condition in compliance with all applicable laws, codes, ordinances, rules and regulations, free of any accumulation of dirt and rubbish, and Tenant shall arrange its own trash removal. Tenant's obligations extend to the entirety of the Property and shall also include but not be limited to the maintenance, repair, and replacement, if necessary, of all interior lighting, HVAC, parking lot, driveways located on the Property, sidewalks, loading docks and exterior -- light fixtures located on the Property, landscaping on the Property, electrical and plumbing systems including without limitation all sewer lines, fixtures and equipment, all restrooms, all interior walls and ceilings, partitions, and doors and windows, including the regular painting of the interior of the Building, and the replacement of all broken glass from doors and windows unless breakage is due to a defect in the design, materials or workmanship of the Building or the Property (excluding Tenant's design errors), to a breach of Landlord's own repair and maintenance obligations under this Lease, or to Landlord's negligence. When used in this provision, the term "repairs" shall include ordinary and customary replacements or renewals when necessary, and all such repairs made by the Tenant shall be equal in quality and class to the original work. Tenant shall specifically not be required to perform or pay for any structural changes or capital expenditures on the Property in order to comply with (i) any law, ordinance, rule or regulation; or (ii) with any recommendation of Landlord's insurance rating organization, unless the same is required as the direct result of Tenant's particular use of the Premises (as opposed to Tenant's mere occupancy of the Premises or Tenant's conduct of business, generally), except to the extent that Tenant is required to pay to Landlord Tenant's pro ------ rata share of certain amortized capital expenditures as provided in paragraph 4. If Tenant fails, refuses or neglects to maintain or repair the Premises and the Property as required in this Lease for ten (10) days after notice shall have been given Tenant, Landlord may make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant's merchandise, fixtures or other property or to Tenant's business by reason thereof (except that Landlord shall be liable for its own negligence or willful misconduct), and upon completion thereof, Tenant shall pay to Landlord all costs plus 5% for overhead incurred by Landlord in making such repairs within ten (10) days after Tenant receives from Landlord the xxxx therefor. Landlord shall be responsible for maintenance, repair and replacement of the structural elements of the roof and shall keep the foundation (concrete slab floor), exterior walls, and all other structural portions of the Property and the Building (not otherwise designated to be maintained and repaired by Tenant) in good repair and in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s obligations hereunder shall include but not be limited to the maintenance, repair and replacement, if necessary, of mechanical, heating and air conditioning fixtures, equipment, and systems; all lighting and electrical systems; all plumbing fixtures and equipment; any and all other fixturesif necessary or required by proper governmental authority, motors and machinery; all interior walls, partitions, doors and windows, including the regular painting thereof; all exterior entrances, windows, doors, garage doors, docks and dock levelers, bumpers and seals, and docks and the replacement of all broken glass; and all interior walls, columns, floors and doors of the trash enclosures. When used in this provision, the term “repairs” shall include make modifications or replacements or renewals when necessary, and all such repairs made by Tenant shall be equal in quality and class to the original work. The Tenant shall keep and maintain all portions of the Premises, trash enclosures and the sidewalk and areas adjoining the same in a safe, clean and orderly condition, free of accumulation of dirt and rubbish. Tenant shall be responsible for the prompt removal of snow, ice and other hazardous conditions accumulating or occurring on the sidewalks and walkways between the Premises and parking areas. Maintenance of the HVAC shall specifically include the reasonable cost of semi-annual inspections performed by Landlord’s own engineers or by an independent mechanical contractor who shall be contracted for by Landlord. In either event, said cost shall be included by Landlord in Operating Expenses under Article 3 of this Lease Agreement and Landlord warrants that any such cost will be reasonable and competitive. If Tenant fails, refuses or neglects to maintain or repair the Premises as required in this Lease Agreement after written notice shall have been given to Tenant, in accordance with Article 33 of this Lease Agreement, Landlord may at its option make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof, and upon completion thereof, Tenant shall pay to Landlord all costs plus 10% of overhead incurred by Landlord in making such repairs upon presentation to Tenant of a bxxx therefore. Landlord shall repair, at its expense, the structural portions of the Building, provided however where structural repairs are required to be made by reason of the acts of Tenant, the costs thereof shall be borne by Tenant and payable by Tenant to Landlord upon demand. Landlord shall be responsible for all outside maintenance of the Premises, including grounds, parking areas and outside areas around trash enclosures. All such maintenance which is the responsibility of Landlord shall be provided as reasonably necessary to the comfortable use and occupancy of Premises during business hours, except Saturdays, Sundays and holidays, upon the condition that Landlord shall not be liable for damages for failure required to do so due to causes beyond make any such repairs, modifications or replacements which become necessary or desirable by reason of the negligence or willful misconduct of Tenant, its controlagents, servants or employees, by reason of anyone illegally entering or upon the Premises, which repairs, modifications or replacements shall be made by Tenant at its sole expense. Landlord shall ensure access also remedy, at Landlord's sole expense, any latent defects in the Building and the Tenant Improvements, as well as any damage to the PremisesPremises caused by the willful act or negligence of Landlord or its agents; Landlord shall also repair any defects or failures in building systems to the extent the same were not constructed in accordance with the terms of this Lease or applicable law. Notwithstanding the foregoing, including timely snow removal all daysLandlord shall have no liability under this paragraph for any repair, maintenance or replacement required because of Tenant's own design error, and nothing in this paragraph will alter Tenant's obligation to pay Operating Costs to Landlord under paragraph 4 even though this paragraph may impose on Landlord the obligation of performing the necessary maintenance, repair or replacement.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

CARE AND REPAIR OF PREMISES. Tenant ENVIRONMENTAL. Lessee covenants to commit no act of waste and to take good care of the Premises and the fixtures and appurtenances therein, and shall, in the use and occupancy of the Premises, comply with all present and future laws, orders and regulations of the federal, state and municipal governments or any of their departments affecting the Premises and with any and all environmental requirements resulting from the Lessee's use of the Premises; this covenant to survive the expiration or sooner termination of the Lease. Lessor shall, at Lessee's expense, make all times throughout necessary repairs to the Premises. Lessor shall make all necessary repairs to the Common Facilities and to the parking areas, if any, the same to be included as an Operating Cost, except where the repair has been made necessary by misuse by Lessee or Lessee's agents, servants, visitors or licensees, in which event Lessor shall nevertheless make the repair but Lessee shall pay to Lessor, as Additional Rent, within thirty (30) days of demand, the costs therefor. All improvements made by Lessee to the Premises, which are so attached to the Premises that they cannot be removed without material injury to the Premises, shall become the property of Lessor upon installation. Not later than the last day of the Term, Lessee shall, at Lessee's expense, remove all Lessee's personal property and those improvements made by Lessee which have not become the property of Lessor, including trade fixtures, cabinetwork, movable paneling, partitions and the like; repair all injury done by or in connection with the installation or removal of said property and improvements; and surrender the Premises in as good condition as they were at the beginning of the Term, reasonable wear and damage by fire, the elements, casualty, or other cause not due to the misuse or neglect by Lessee, Lessee's agents, servants, visitors or licensees excepted. All other property of Lessee remaining on the Premises after the last day of the Term of this Lease Agreementshall be conclusively deemed abandoned and may be removed by Lessor, and Lessee shall reimburse Lessor for the cost of such removal. Lessor may have any such property stored at Lessee's risk and expense. Notwithstanding anything contained herein to the contrary, Lessor represents and warrants to Lessee that Lessor has received no notice of a violation of any law, order or regulation of any federal, State or municipal government or of any environmental requirement with respect to the Premises, the 6,150 Space, the Building or the Office Building Area. Lessee acknowledges the existence of environmental laws, rules and regulations, including renewals but not limited to the provisions of ISRA, as hereinafter defined. Lessee shall comply with any and extensions, and at its sole expense, keep and maintain the Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable such laws, codes, ordinances, rules and regulations. Tenant’s obligations hereunder Lessee represents to Lessor that Lessee's Standard Industrial Classification (SIC) Number as designated in the Standard Industrial Classification Manual prepared by the Office of Management and Budget in the Executive Office of the President of the United States will not subject the Premises to ISRA applicability. Any change by Lessee to an operation with a SIC Number subject to ISRA shall require Lessor's written consent. Any such proposed change shall be sent in writing to Lessor sixty (60) days prior to the proposed change. Lessor, at its sole option, may deny consent. Lessee hereby agrees to execute such documents as Lessor reasonably deems necessary and to make such applications as Lessor reasonably requires to assure compliance with ISRA. Lessee shall bear all costs and expenses incurred by Lessor associated with any required ISRA compliance resulting from Lessee's use of the Demised Premises including but not limited to state agency fees, engineering fees, clean-up costs, filing fees and suretyship expenses. As used in this Lease, ISRA compliance shall include but applications for determinations of nonapplicability by the appropriate governmental authority. The foregoing undertaking shall survive the termination or sooner expiration of the Lease and surrender of the Demised Premises and shall also survive sale, or lease or assignment of the Demised Premises by Lessor. Lessee agrees to indemnify and hold Lessor harmless from any violation of ISRA occasioned by Lessee's use of the Demised Premises. The Lessee shall immediately provide the Lessor with copies of all correspondence, reports, notices, orders, findings, declarations and other materials pertinent to the Lessee's compliance and the requirements of the New Jersey Department of Environmental Protection ("NJDEP") under ISRA as they are issued or received by the Lessee. Lessee agrees not to generate, store, manufacture, refine, transport, treat, dispose of, or otherwise permit to be present on or about the Premises, any Hazardous Substances. As used herein, Hazardous Substances shall be defined as any "hazardous chemical," "hazardous substance" or similar term as defined in the Comprehensive Environmental Responsibility Compensation and Liability Act, as amended (42 U.S.C. 9601, ET SEQ.), the New Jersey Environmental Cleanup Responsibility Act, as amended, N.J.S.A. 13:1K-6 ET SEQ. and/or the Industrial Site Recovery Act ("ISRA"), the New Jersey Spill Compensation and Control Act, as amended, N.J.S.A. 58:10-23.11b, ET SEQ., any rules or regulations promulgated thereunder, or in any other applicable federal, state or local law, rule or regulation dealing with environmental protection. It is understood and agreed that the provisions contained in this Section shall be applicable notwithstanding the fact that any substance shall not be limited deemed to be a Hazardous Substance at the time of its use by the Lessee but shall thereafter be deemed to be a Hazardous Substance. Notwithstanding anything contained herein to the maintenancecontrary, repair Lessee shall be permitted to keep small quantities of normal office supplies which may be included as Hazardous Substances such as cleaning supplies and replacementcopier supplies, if necessaryprovided the same are properly stored, handled and disposed of mechanicalin full compliance with all environmental laws. In the event Lessee fails to comply with ISRA as stated in this Section or any other governmental law as of the termination or sooner expiration of the Lease and as a consequence thereof Lessor is unable to rent the Demised Premises, heating and air conditioning fixtures, equipmentthen the Lessor shall treat the Lessee as one who has not removed at the end of its Term, and systems; thereupon be entitled to all lighting remedies against the Lessee provided by law in that situation including a monthly rental of one hundred fifty (150%) percent of the Monthly Basic Rent for the last month of the Term of this Lease or any renewal term, payable in advance on the first day of each month, until such time as Lessee provides Lessor with a negative declaration or confirmation that any required clean-up plan has been successfully completed. Lessee agrees to indemnify and electrical systems; all plumbing fixtures hold harmless the Lessor and equipment; each mortgagee of the Premises from and against any and all other fixturesliabilities, motors damages, claims, losses, judgments, causes of action, costs and machinery; all interior walls, partitions, doors and windows, expenses (including the regular painting thereof; all exterior entrances, windows, doors, garage doors, docks reasonable fees and dock levelers, bumpers and seals, and docks and expenses of counsel) which may be incurred by the replacement Lessor or any such mortgagee relating to or arising out of all broken glass; and all interior walls, columns, floors and doors any breach by Lessee of the trash enclosures. When used undertakings set forth in this provisionSection, said indemnity to survive the term “repairs” shall include replacements Lease expiration or renewals when necessary, and all such repairs made by Tenant shall be equal in quality and class sooner termination. Notwithstanding anything contained herein to the original work. The Tenant contrary, Lessee shall keep and maintain all portions of have no responsibility for any cost or expense for any Hazardous Substance or environmental condition caused or created by Lessor or determined to have been in existence at the Premises, trash enclosures and Demised Premises prior to the sidewalk and areas adjoining the same in a safe, clean and orderly condition, free of accumulation of dirt and rubbish. Tenant shall be responsible for the prompt removal of snow, ice and other hazardous conditions accumulating or occurring on the sidewalks and walkways between the Premises and parking areas. Maintenance of the HVAC shall specifically include the reasonable cost of semi-annual inspections performed by Landlord’s own engineers or by an independent mechanical contractor who shall be contracted for by Landlord. In either event, said cost shall be included by Landlord in Operating Expenses under Article 3 Commencement Date of this Lease Agreement and Landlord warrants that to the extent Lessee has not exacerbated any such cost will be reasonable and competitivepre-existing condition. If Tenant fails, refuses or neglects Lessee agrees to maintain or repair the Premises as required in this Lease Agreement after written notice shall have been given to Tenant, in accordance with Article 33 of this Lease Agreement, Landlord may at its option make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof, and upon completion thereof, Tenant shall pay to Landlord all costs plus 10% of overhead incurred by Landlord in making such repairs upon presentation to Tenant of a bxxx therefore. Landlord shall repair, at its expense, the structural portions of the Building, provided however where structural repairs are required to be made by reason of the acts of Tenant, the costs thereof shall be borne by Tenant and payable by Tenant to Landlord upon demand. Landlord shall be responsible for all outside maintenance of the Premises, including grounds, parking areas and outside areas around trash enclosures. All such maintenance which is the responsibility of Landlord shall be provided as reasonably necessary to the comfortable use and occupancy of Premises during business hours, except Saturdays, Sundays and holidays, notify Lessor immediately upon the condition that Landlord shall not be liable for damages for failure to do so due to causes beyond its control. Landlord shall ensure access to the Premises, including timely snow removal all daysdiscovery of any such pre-existing Hazardous Substance or environmental condition.

Appears in 1 contract

Samples: Long Beach Holdings Corp

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CARE AND REPAIR OF PREMISES. Tenant shall, at all times throughout the Term of this Lease Agreement, including renewals and extensions, and at its sole expense, keep and maintain will not commit any act that damages the Premises in a clean, safe, sanitary or Building and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s obligations hereunder shall include but not be limited to the maintenance, repair and replacement, if necessary, of mechanical, heating and air conditioning fixtures, equipment, and systems; all lighting and electrical systems; all plumbing fixtures and equipment; any and all other fixtures, motors and machinery; all interior walls, partitions, doors and windows, including the regular painting thereof; all exterior entrances, windows, doors, garage doors, docks and dock levelers, bumpers and seals, and docks and the replacement of all broken glass; and all interior walls, columns, floors and doors of the trash enclosures. When used in this provision, the term “repairs” shall include replacements or renewals when necessary, and all such repairs made by Tenant shall be equal in quality and class to the original work. The Tenant shall keep and maintain all portions will take good care of the Premises, trash enclosures and will comply with all Legal Requirements affecting the Premises or the Tenant's use and/or occupancy of the Premises. Landlord will, at Tenant's expense, make all necessary repairs to the Premises. Landlord will make all necessary repairs to the Common Facilities. The cost of repairs to the Common Facilities will be included in Operating Costs, except where the repair has been made necessary by misuse or neglect by Tenant or Tenant's agents, employees, contractors, invitees, visitors or licensees (collectively, "Tenant's Agents"), in which event Landlord will nevertheless make the repair but Tenant will pay to Landlord, as Additional Rent, upon demand, the cost incurred by Landlord to complete such repairs. The cost of repairs to the Common Facilities where the repair has been made necessary by misuse or neglect by another tenant or another tenant's agents, employees, contractors, invitees, visitors or licensees, will not be included in Operating Costs. All improvements made by Tenant prior to or after the commencement of the Term which are attached to the Premises will, at Landlord's option, become the property of Landlord upon the expiration or sooner termination of this Lease. Not later than the last day of the Term, Tenant will, at Tenant's expense, remove from the Building all of Tenant's personal property and those improvements made by Tenant which Landlord has not elected by notice to Tenant to retain as Landlord's property, as well as all trade fixtures (other than built-in cabinet work), moveable partitions, telephone, computer, data and antenna wiring, cabling and related conduit and the sidewalk and areas adjoining the same in a safe, clean and orderly condition, free of accumulation of dirt and rubbishlike. Tenant shall be responsible for will repair all injury done by or in connection with the prompt installation or removal of snowsaid property, ice improvements, wiring and other hazardous conditions accumulating the like; cap or occurring on the sidewalks terminate all telephone, computer and walkways between the Premises and parking areas. Maintenance of the HVAC shall specifically include the reasonable cost of semi-annual inspections performed by Landlord’s own engineers or by an independent mechanical contractor who shall be contracted for by Landlord. In either event, said cost shall be included by Landlord in Operating Expenses under Article 3 of this Lease Agreement and Landlord warrants that any such cost will be reasonable and competitive. If Tenant fails, refuses or neglects to maintain or repair the Premises as required in this Lease Agreement after written notice shall have been given to Tenant, data connections at service entry panels in accordance with Article 33 Legal Requirements; and surrender the Premises in as good condition as they were at the beginning of this Lease Agreementthe Term, Landlord may at its option make such repairs without liability to Tenant except for any loss or reasonable wear and damage that may accrue to Tenant’s merchandise, fixtures by casualty or other cause not due to the misuse or neglect by Tenant and/or Tenant's Agents. All property of Tenant remaining on the Premises after the last day of the Term will be conclusively deemed abandoned and may be removed and discarded or to stored at Tenant’s business 's risk by reason thereofLandlord, and upon completion thereofTenant will pay Landlord for the cost of such removal, discarding and/or storage. Notwithstanding anything contained herein to the contrary, Tenant shall pay to Landlord remove all costs plus 10% of overhead incurred by Landlord in making such repairs upon presentation to Tenant of a bxxx thereforeinstallations that are "non-standard office improvements". Landlord shall repairFor purposes hereof, at its expense, the structural portions of the Building, provided however where structural repairs are required to be made by reason of the acts of Tenant, the costs thereof shall be borne by Tenant and payable by Tenant to Landlord upon demand. Landlord shall be responsible for all outside maintenance of the Premises, including grounds, parking areas and outside areas around trash enclosures. All such maintenance which is the responsibility of Landlord shall be provided as reasonably necessary to the comfortable use and occupancy of Premises during business hours, except Saturdays, Sundays and holidays, upon the condition that Landlord shall not be liable for damages for failure to do so due to causes beyond its control. Landlord shall ensure access to the Premises, including timely snow removal all days."non-standard

Appears in 1 contract

Samples: Workletter Agreement (Ivivi Technologies, Inc.)

CARE AND REPAIR OF PREMISES. Tenant shall, at all times throughout the Term of this Lease Agreement, including renewals and extensions, and at its sole expense, keep and maintain will not commit any act that damages the Premises in a clean, safe, sanitary or Building and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s obligations hereunder shall include but not be limited to the maintenance, repair and replacement, if necessary, of mechanical, heating and air conditioning fixtures, equipment, and systems; all lighting and electrical systems; all plumbing fixtures and equipment; any and all other fixtures, motors and machinery; all interior walls, partitions, doors and windows, including the regular painting thereof; all exterior entrances, windows, doors, garage doors, docks and dock levelers, bumpers and seals, and docks and the replacement of all broken glass; and all interior walls, columns, floors and doors will take good care of the trash enclosures. When used in this provisioninterior, the term “repairs” shall include replacements or renewals when necessary, and all such repairs made by Tenant shall be equal in quality and class to the original work. The Tenant shall keep and maintain all nonstructural portions of the Premises, trash enclosures and the sidewalk and areas adjoining the same in a safe, clean and orderly condition, free of accumulation of dirt and rubbish. Tenant shall be responsible for the prompt removal of snow, ice and other hazardous conditions accumulating or occurring on the sidewalks and walkways between will comply with all Legal Requirements affecting the Premises and parking areas. Maintenance or the Tenant’s use and/or occupancy of the HVAC shall specifically include Premises. Notwithstanding the reasonable cost of semi-annual inspections performed by Landlord’s own engineers or by an independent mechanical contractor who shall be contracted for by Landlord. In either event, said cost shall be included by Landlord in Operating Expenses under Article 3 of this Lease Agreement and Landlord warrants that any such cost will be reasonable and competitive. If Tenant fails, refuses or neglects to maintain or repair the Premises as required in this Lease Agreement after written notice shall have been given to Tenant, in accordance with Article 33 of this Lease Agreement, Landlord may at its option make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof, and upon completion thereofforegoing, Tenant shall pay not be obligated to Landlord all costs plus 10% make any structural or systems alterations to comply with Legal Requirements (nor shall Tenant be obligated to assume the cost of overhead incurred same, except as part of Operating Costs, to the extent permitted), unless the need for such compliance is triggered by Landlord in making such repairs upon presentation to Tenant of a bxxx therefore. Landlord shall repair, at its expense, the structural portions of the Building, provided however where structural repairs are required to be made by reason of the acts of Tenant, the costs thereof shall be borne by Tenant and payable by Tenant to Landlord upon demand. Landlord shall be responsible for all outside maintenance ’s particular manner or use of the Premises, including grounds, parking areas and outside areas around trash enclosures. All such maintenance which is the responsibility of Landlord shall be provided as reasonably necessary opposed to the comfortable office use and occupancy of Premises during business hours, except Saturdays, Sundays and holidays, upon the condition that Landlord shall not be liable for damages for failure to do so due to causes beyond its controlin general. Landlord shall ensure access will, at Tenant’s expense, make all necessary repairs to the Premises. Landlord will make all necessary repairs to the Common Facilities. The cost of repairs to the Common Facilities will be included in Operating Costs, including timely snow except where the repair has been made necessary by misuse or neglect by Tenant or Tenant’s agents, employees, contractors, invitees, visitors or licensees (collectively, “Tenant’s Agents”), in which event Landlord will nevertheless make the repair but Tenant will pay to Landlord, as Additional Rent, upon demand, the cost incurred by Landlord to complete such repairs. All improvements made by Tenant prior to or after the commencement of the Term which are attached to the Premises will become the property of Landlord upon the expiration or sooner termination of this Lease, unless Landlord advises Tenant, prior to the installation thereof, that same must be removed at the end of the Term. Not later than the last day of the Term, Tenant will, at Tenant’s expense, remove from the Building all of Tenant’s personal property and those improvements made by Tenant which Landlord has not elected by notice to Tenant to retain as Landlord’s property, as well as all moveable trade fixtures (other than built-in cabinet work), moveable partitions, telephone, computer, data and antenna wiring, cabling and related conduit and the like. Tenant will repair all injury done by or in connection with the installation or removal of said property, improvements, wiring and the like; cap or terminate all days.telephone, computer and data connections at service entry panels in accordance with Legal Requirements; and surrender the Premises in as good condition as they were at the beginning of the Term, except for reasonable wear and damage by casualty or other cause not due to the misuse or neglect by Tenant and/or Tenant’s Agents. All property of Tenant remaining on the Premises after the last day of the Term will be conclusively deemed abandoned and may be removed and discarded or stored at Tenant’s risk by Landlord, and Tenant will pay Landlord for the cost of such removal, discarding and/or storage. Notwithstanding anything contained herein to the contrary, Tenant shall remove all installations that are “non-standard office improvements”, provided Landlord advises Tenant, prior to the installation thereof, that same must be removed at the end of the Term. For purposes hereof, “

Appears in 1 contract

Samples: Agreement (Cover All Technologies Inc)

CARE AND REPAIR OF PREMISES. Tenant shall, at all times throughout the Term of this Lease Agreement, including renewals and extensions, and at its sole expense, keep and maintain will not commit any act that damages the Premises in a clean, safe, sanitary or Building and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s obligations hereunder shall include but not be limited to the maintenance, repair and replacement, if necessary, of mechanical, heating and air conditioning fixtures, equipment, and systems; all lighting and electrical systems; all plumbing fixtures and equipment; any and all other fixtures, motors and machinery; all interior walls, partitions, doors and windows, including the regular painting thereof; all exterior entrances, windows, doors, garage doors, docks and dock levelers, bumpers and seals, and docks and the replacement of all broken glass; and all interior walls, columns, floors and doors of the trash enclosures. When used in this provision, the term “repairs” shall include replacements or renewals when necessary, and all such repairs made by Tenant shall be equal in quality and class to the original work. The Tenant shall keep and maintain all portions will take good care of the Premises, trash enclosures and will comply with all Legal Requirements affecting the Premises or the Tenant’s use and/or occupancy of the Premises. Landlord will, at Tenant’s expense, make all necessary repairs to the Premises. Landlord will make all necessary repairs to the Common Facilities. The cost of repairs to the Common Facilities will be included in Operating Costs, except where the repair has been made necessary by misuse or neglect by Tenant or Tenant’s agents, employees, contractors, invitees, visitors or licensees (collectively, “Tenant’s Agents”), in which event Landlord will nevertheless make the repair but Tenant will pay to Landlord, as Additional Rent, upon demand, the cost incurred by Landlord to complete such repairs. All improvements made by Tenant prior to or after the commencement of the Term which are attached to the Premises will, at Landlord’s option, become the property of Landlord upon the expiration or sooner termination of this Lease. Not later than the last day of the Term, Tenant will, at Tenant’s expense, remove from the Building all of Tenant’s personal property and those improvements made by Tenant which Landlord has not elected by notice to Tenant to retain as Landlord’s property, as well as all trade fixtures (other than built-in cabinet work), moveable partitions, telephone, computer, data and antenna wiring, cabling and related conduit and the sidewalk and areas adjoining the same in a safe, clean and orderly condition, free of accumulation of dirt and rubbishlike. Tenant shall be responsible for will repair all injury done by or in connection with the prompt installation or removal of snowsaid property, ice improvements, wiring and other hazardous conditions accumulating the like; cap or occurring on the sidewalks terminate all telephone, computer and walkways between the Premises and parking areas. Maintenance of the HVAC shall specifically include the reasonable cost of semi-annual inspections performed by Landlord’s own engineers or by an independent mechanical contractor who shall be contracted for by Landlord. In either event, said cost shall be included by Landlord in Operating Expenses under Article 3 of this Lease Agreement and Landlord warrants that any such cost will be reasonable and competitive. If Tenant fails, refuses or neglects to maintain or repair the Premises as required in this Lease Agreement after written notice shall have been given to Tenant, data connections at service entry panels in accordance with Article 33 Legal Requirements; and surrender the Premises in as good condition as they were at the beginning of this Lease Agreementthe Term, Landlord may at its option make such repairs without liability except for reasonable wear and damage by casualty, insured damage, or other cause not due to the willful or negligent act or omission of Tenant for any loss or damage that may accrue to and/or Tenant’s merchandise, fixtures Agents. All property of Tenant remaining on the Premises after the last day of the Term will be conclusively deemed abandoned and may be removed and discarded or other property or to stored at Tenant’s business risk by reason thereofLandlord, and upon completion thereofTenant will pay Landlord for the cost of such removal, discarding and/or storage. Notwithstanding anything contained herein to the contrary, Tenant shall pay to Landlord remove all costs plus 10% of overhead incurred installations that are “non-standard office improvements” that are so designated by Landlord in making such repairs upon presentation to Tenant of a bxxx thereforeon Tenant’s plans when submitted for approval. Landlord shall repairFor purposes hereof, at its expense, the structural portions of the Building, provided however where structural repairs are required to be made by reason of the acts of Tenant, the costs thereof shall be borne by Tenant and payable by Tenant to Landlord upon demand. Landlord shall be responsible for all outside maintenance of the Premises, including grounds, parking areas and outside areas around trash enclosures. All such maintenance which is the responsibility of Landlord shall be provided as reasonably necessary to the comfortable use and occupancy of Premises during business hours, except Saturdays, Sundays and holidays, upon the condition that Landlord shall not be liable for damages for failure to do so due to causes beyond its control. Landlord shall ensure access to the Premises, including timely snow removal all days.

Appears in 1 contract

Samples: Lease (Geron Corp)

CARE AND REPAIR OF PREMISES. Tenant shall, at all times throughout the Term of this Lease AgreementTerm, including all renewals and extensions, and at its sole expense, keep and maintain the Premises in good repair and in a clean, safe, orderly, sanitary and first class condition in compliance with all applicable laws, codes, ordinances, rules and regulations, free of any accumulation of dirt and rubbish, and Tenant shall arrange its own trash removal. Tenant's obligations shall include, but not be limited to, the maintenance, repair, and replacement, if necessary, of interior lighting, HVAC, electrical and plumbing systems (including without limitation sewer lines), fixtures and equipment, restrooms, interior walls and ceilings, partitions, doors and windows, regular painting of the interior, and the replacement of all broken glass from doors and windows unless breakage is due to a defect in the design, materials or workmanship of the Building (excluding Tenant's design errors), to a breach of Landlord's own repair and maintenance obligations under this Lease, or to Landlord's negligence. Tenant's responsibility in respect to the electrical and plumbing systems is limited to system components within the Premises and to any damage to the systems that is caused by Tenant. Tenant shall cause to be performed by a competent service company, preventive maintenance of the HVAC units serving the Premises as recommended by the equipment manufacturer. When used in this provision, the term "repairs" shall include ordinary and customary replacements or renewals when necessary, and all repairs made by Tenant shall be equal in quality and class to the original work. Tenant shall not be required to perform or pay for any structural expenditure on the Property in order to comply with (i) any law, ordinance, rule or regulation; or (ii) with any recommendation of Landlord's insurance rating organization, unless the same is required as the direct result of Tenant's particular use of the Premises (as opposed to Tenant's mere occupancy of the Premises or Tenant's conduct of business, generally), EXCEPT to the extent that Tenant is required to pay Tenant's Proportionate Share of amortized capital expenditures under Paragraph 4. If Tenant fails, refuses or neglects to maintain or repair the Premises and the Property as required in this Lease for ten (10) days after notice shall have been given Tenant, Landlord may make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant's merchandise, fixtures or other property or to Tenant's business by reason thereof (except that Landlord shall be liable for its own negligence or willful misconduct), and upon completion thereof, Tenant shall pay to Landlord all competitively priced costs plus eight percent (8%) for overhead incurred by Landlord in making such repairs within ten (10) days after Tenant receives from Landlord the xxxx therefor. Landlord shall be responsible for maintenance, repair and replacement of the parking lot, driveways, sidewalks, loading docks (if any), exterior light fixtures, landscaping, and other common areas located on the Property, the structural elements of the roof and shall keep the foundation (concrete slab floor), exterior walls, and all other structural portions of the Property and the Building (not otherwise designated to be maintained and repaired by Tenant) in good repair and in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s obligations hereunder shall include but not be limited to the maintenance, repair and replacement, if necessary, of mechanical, heating and air conditioning fixtures, equipment, and systems; all lighting and electrical systems; all plumbing fixtures and equipment; any and all other fixturesif necessary or required by proper governmental authority, motors and machinery; all interior walls, partitions, doors and windows, including the regular painting thereof; all exterior entrances, windows, doors, garage doors, docks and dock levelers, bumpers and seals, and docks and the replacement of all broken glass; and all interior walls, columns, floors and doors of the trash enclosures. When used in this provision, the term “repairs” shall include make modifications or replacements or renewals when necessary, and all such repairs made by Tenant shall be equal in quality and class to the original work. The Tenant shall keep and maintain all portions of the Premises, trash enclosures and the sidewalk and areas adjoining the same in a safe, clean and orderly condition, free of accumulation of dirt and rubbish. Tenant shall be responsible for the prompt removal of snow, ice and other hazardous conditions accumulating or occurring on the sidewalks and walkways between the Premises and parking areas. Maintenance of the HVAC shall specifically include the reasonable cost of semi-annual inspections performed by Landlord’s own engineers or by an independent mechanical contractor who shall be contracted for by Landlord. In either event, said cost shall be included by Landlord in Operating Expenses under Article 3 of this Lease Agreement and Landlord warrants that any such cost will be reasonable and competitive. If Tenant fails, refuses or neglects to maintain or repair the Premises as required in this Lease Agreement after written notice shall have been given to Tenant, in accordance with Article 33 of this Lease Agreement, Landlord may at its option make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof, and upon completion thereof, Tenant shall pay to Landlord all costs plus 10% of overhead incurred by Landlord in making such repairs upon presentation to Tenant of a bxxx therefore. Landlord shall repair, at its expense, the structural portions of the Building, provided however where structural repairs are required to be made by reason of the acts of Tenant, the costs thereof shall be borne by Tenant and payable by Tenant to Landlord upon demand. Landlord shall be responsible for all outside maintenance of the Premises, including grounds, parking areas and outside areas around trash enclosures. All such maintenance which is the responsibility of Landlord shall be provided as reasonably necessary to the comfortable use and occupancy of Premises during business hours, except Saturdays, Sundays and holidays, upon the condition that Landlord shall not be liable for damages for failure required to do so due to causes beyond make any such repairs, modifications or replacements which become necessary or desirable by reason of the negligence or willful misconduct of Tenant, its controlagents, servants or employees, by reason of anyone illegally entering or upon the Premises, which repairs, modifications or replacements shall be made by Tenant at its sole expense. Landlord shall ensure access also remedy, at Landlord's sole expense, any latent defects in the Premises existing at the beginning of the Lease Term as well as damage to the PremisesPremises caused by the willful act or negligence of Landlord or its agents; Landlord shall also repair any defects or failures in building systems to the extent the same were not constructed in accordance with the terms of this Lease or applicable law. Notwithstanding the foregoing, including timely snow removal all daysLandlord shall have no liability under this paragraph for any repair, maintenance or replacement required because of Tenant's own design error, and nothing in this paragraph will alter Tenant's obligation to pay Operating Costs to Landlord under Paragraph 4 even though this paragraph may impose on Landlord the obligation of performing the necessary maintenance, repair or replacement.

Appears in 1 contract

Samples: Lease Agreement (Earthlink Inc)

CARE AND REPAIR OF PREMISES. Tenant shall, at all times throughout the Term of this Lease AgreementLease, including renewals and extensions, and at its sole expense, keep and maintain the Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s obligations hereunder shall include but not be limited to the maintenance, repair and replacement, if necessary, of (i) those portions of the following systems that solely service the Premises: mechanical, heating and air conditioning fixtures, equipment, and systems; all lighting and electrical systems; all plumbing fixtures and equipment; any and all other fixtures, motors and machinery; (ii) all interior walls, partitions, doors and windows, including the regular painting thereof; all exterior entrances, (iii) windows, doors, garage doors, docks and dock levelers, bumpers and sealsbumpers, and docks and the replacement of all broken glass; and (iv) all interior walls, columns, floors walls and doors of the trash enclosures. When used in this provision, the term “repairs” shall include replacements or renewals when necessary, and all such repairs made by Tenant shall be equal in quality and class to the original work. The Tenant shall keep and maintain all portions of the Premises, trash enclosures and the sidewalk and areas adjoining the same in a safe, clean and orderly condition, free of accumulation of dirt and rubbish. Tenant shall be responsible for the prompt removal of snow, ice and other hazardous conditions accumulating or occurring on the sidewalks and walkways between the Premises and parking areas; provided, however, Landlord is responsible for maintenance, repair and replacement of such sidewalks and walkways. Maintenance of the HVAC shall specifically include the reasonable cost of semi-annual quarterly inspections performed by Landlord’s own engineers or by an independent mechanical contractor who shall be contracted for by Landlord. In either event, said cost shall be included by Landlord in Operating Expenses under Article 3 of this Lease Agreement Agreement. Notwithstanding the foregoing, Landlord shall be responsible for replacing the HVAC system if Landlord determines that it must be replaced, and each year during the Term, as the same may be extended pursuant to Article 46 of the Addendum attached hereto, Tenant shall pay one-tenth of the cost of replacing the HVAC system, which shall be paid by Tenant as part of Operating Expenses. Landlord represents and warrants that the HVAC, electrical and plumbing systems are all in good working order as of the Commencement Date. Notwithstanding anything to the contrary set forth herein, Tenant shall pay no more than (i) $2,500.00 in the aggregate for repairs to the HVAC system in any such cost will be reasonable one instance and competitive(ii) $5,000.00 in the aggregate for repairs to the HVAC system in any one calendar year. If Tenant fails, refuses or neglects to maintain or repair the Premises as required in this Lease Agreement after written notice shall have been given to TenantTenant and the applicable cure period has expired, in accordance with Article 33 of this Lease AgreementLease, Landlord may at its option make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereofthereof so long as Landlord uses reasonable care in performing such work, and upon completion thereof, Tenant shall pay to Landlord all costs plus 105% of overhead incurred by Landlord in making such repairs upon presentation to Tenant of a bxxx xxxx therefore. Landlord shall repair, at its expense, the structural portions of the Building, provided however where structural repairs are required to be made by reason of the acts of Tenant, the costs thereof shall be borne by Tenant and payable by Tenant to Landlord upon within thirty (30) days after written demand. Landlord shall be responsible for all outside maintenance of the Premises, and all maintenance of Common Areas, including grounds, parking areas and outside areas around trash enclosures. All such maintenance which is the responsibility of Landlord shall be provided as reasonably necessary to the comfortable use and occupancy of Premises during business hours, except Saturdays, Sundays and holidays, upon the condition that Landlord shall not be liable for damages for failure to do so due to causes beyond its control. Except as otherwise provided in this Lease, Landlord shall ensure access maintain and operate the Property in material compliance with all applicable governmental laws, ordinances, rules and regulations so as not to materially and adversely affect Tenant’s use and occupancy of the Premises; provided, however, except as otherwise provided in this Lease, Landlord will make modifications and/or improvements to the Premises, including timely snow removal all daysBuilding only if ordered to do so by the appropriate governmental authority.

Appears in 1 contract

Samples: Commercial Lease (Entellus Medical Inc)

CARE AND REPAIR OF PREMISES. Tenant shall, at all times throughout the Term of this Lease Agreement, including renewals and extensions, and at its sole expense, keep and maintain will not commit any act that damages the Premises in a clean, safe, sanitary or Building and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s obligations hereunder shall include but not be limited to the maintenance, repair and replacement, if necessary, of mechanical, heating and air conditioning fixtures, equipment, and systems; all lighting and electrical systems; all plumbing fixtures and equipment; any and all other fixtures, motors and machinery; all interior walls, partitions, doors and windows, including the regular painting thereof; all exterior entrances, windows, doors, garage doors, docks and dock levelers, bumpers and seals, and docks and the replacement of all broken glass; and all interior walls, columns, floors and doors of the trash enclosures. When used in this provision, the term “repairs” shall include replacements or renewals when necessary, and all such repairs made by Tenant shall be equal in quality and class to the original work. The Tenant shall keep and maintain all portions will take good care of the Premises, trash enclosures and the sidewalk and areas adjoining the same in a safe, clean and orderly condition, free of accumulation of dirt and rubbish. Tenant shall be responsible for the prompt removal of snow, ice and other hazardous conditions accumulating or occurring on the sidewalks and walkways between will comply with all Legal Requirements affecting the Premises and parking areas. Maintenance or the Tenant’s use and/or occupancy of the HVAC shall specifically include Premises. Landlord will, at Tenant’s expense, make all necessary repairs to the reasonable Premises. Landlord will make all necessary repairs to the Common Facilities. The cost of semi-annual inspections performed repairs to the Common Facilities will be included in Operating Costs, except where the repair has been made necessary by misuse or neglect by Tenant or Tenant’s agents, employees, contractors, invitees, visitors or licensees (collectively, “Tenant’s Agents”), in which event Landlord will nevertheless make the repair but Tenant will pay to Landlord, as Additional Rent, upon demand, the cost incurred by Landlord to complete such repairs. All improvements made by Tenant prior to or after the commencement of the Term which are attached to the Premises will, at Landlord’s own engineers option, become the property of Landlord upon the expiration or by an independent mechanical contractor who shall be contracted for by Landlord. In either event, said cost shall be included by Landlord in Operating Expenses under Article 3 sooner termination of this Lease Agreement Lease. Not later than the last day of the Term, Tenant will, at Tenant’s expense, remove from the Building all of Tenant’s personal property and those improvements made by Tenant which Landlord warrants that any such cost will be reasonable and competitive. If Tenant fails, refuses or neglects to maintain or repair the Premises as required in this Lease Agreement after written has not elected by notice shall have been given to Tenant, said notice to be requested by Tenant simultaneously with any request to perform such improvements, to retain as Landlord’s property, as well as all trade fixtures (other than built-in cabinet work), moveable partitions, telephone, computer, data and antenna wiring, cabling and related conduit and the like. Tenant will repair all injury done by or in connection with the installation or removal of said property, improvements, wiring and the like; cap or terminate all telephone, computer and data connections at service entry panels in accordance with Article 33 Legal Requirements; and surrender the Premises in as good condition as they were at the beginning of this Lease Agreementthe Term, Landlord may at its option make such repairs without liability except for reasonable wear and damage by casualty or other cause not due to the misuse or neglect by Tenant for any loss or damage that may accrue to and/or Tenant’s merchandise, fixtures Agents. All property of Tenant remaining on the Premises after the last day of the Term will be conclusively deemed abandoned and may be removed and discarded or other property or to stored at Tenant’s business risk by reason thereofLandlord, and upon completion thereofTenant will pay Landlord for the cost of such removal, discarding and/or storage. Notwithstanding anything contained herein to the contrary, Tenant shall pay to Landlord remove all costs plus 10% of overhead incurred by Landlord in making such repairs upon presentation to Tenant of a bxxx thereforeinstallations that are “non-standard office improvements”. Landlord shall repairFor purposes hereof, at its expense, the structural portions of the Building, provided however where structural repairs are required to be made by reason of the acts of Tenant, the costs thereof shall be borne by Tenant and payable by Tenant to Landlord upon demand. Landlord shall be responsible for all outside maintenance of the Premises, including grounds, parking areas and outside areas around trash enclosures. All such maintenance which is the responsibility of Landlord shall be provided as reasonably necessary to the comfortable use and occupancy of Premises during business hours, except Saturdays, Sundays and holidays, upon the condition that Landlord shall not be liable for damages for failure to do so due to causes beyond its control. Landlord shall ensure access to the Premises, including timely snow removal all days.

Appears in 1 contract

Samples: Lease (Rosetta Genomics Ltd.)

CARE AND REPAIR OF PREMISES. Tenant Lessee shall commit no act of waste and shall take good care of the Premises and the fixtures and appurtenances therein, and shall, in the use and occupancy of the Premises, conform to all laws, orders and regulations of the federal, state and municipal governments or any of their departments affecting the Premises and with any and all environmental requirements resulting from the Lessee's use of the Premises, this covenant to survive the expiration or sooner termination of the Lease. Lessor shall, subject to the same being included in Operating Costs, make all necessary repairs to the Premises, Common Facilities and to the assigned parking areas, if any, except where the repair has been made necessary by misuse or neglect by the Lessee or Lessee’s agents, servants, visitors or licensees, in which event Lessor shall nevertheless make the repair but Lessee shall pay to Lessor, as Additional Rent, immediately upon demand, the costs therefor. All improvements made by Lessee to the Premises, which are so attached to the Premises, shall become the property of Lessor upon installation. Not later than the last day of the Term, Lessee shall, at Lessee’s expense, remove all times throughout Lessee’s personal property and those improvements made by Lessee which have not become the property of Lessor: including trade fixtures, cabinetwork movable paneling, partitions and the like; repair all injury done by or in connection with the installation or removal of said property and improvements; and surrender the Premises in as good condition as they were at the Commencement Date, reasonable wear, damage by fire, the elements, casualty or other cause not due to the misuse or neglect by Lessee, Lessee’s agents, servants, visitors or licensees excepted. All other property of Lessee remaining on the Premises after the last day of the Term of this Lease Agreement, including renewals shall be conclusively deemed abandoned and extensionsmay be removed by Lessor, and at its sole expense, keep and maintain the Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s obligations hereunder Lessee shall include but not be limited to the maintenance, repair and replacement, if necessary, of mechanical, heating and air conditioning fixtures, equipment, and systems; all lighting and electrical systems; all plumbing fixtures and equipment; any and all other fixtures, motors and machinery; all interior walls, partitions, doors and windows, including the regular painting thereof; all exterior entrances, windows, doors, garage doors, docks and dock levelers, bumpers and seals, and docks and the replacement of all broken glass; and all interior walls, columns, floors and doors of the trash enclosures. When used in this provision, the term “repairs” shall include replacements or renewals when necessary, and all such repairs made by Tenant shall be equal in quality and class to the original work. The Tenant shall keep and maintain all portions of the Premises, trash enclosures and the sidewalk and areas adjoining the same in a safe, clean and orderly condition, free of accumulation of dirt and rubbish. Tenant shall be responsible reimburse Lessor for the prompt removal of snow, ice and other hazardous conditions accumulating or occurring on the sidewalks and walkways between the Premises and parking areas. Maintenance of the HVAC shall specifically include the reasonable cost of semi-annual inspections performed by Landlord’s own engineers or by an independent mechanical contractor who shall be contracted for by Landlordsuch removal. In either event, said cost shall be included by Landlord in Operating Expenses under Article 3 of this Lease Agreement and Landlord warrants that Lessor may have any such cost will be reasonable property stored at Lessee's risk and competitive. If Tenant fails, refuses or neglects to maintain or repair the Premises as required in this Lease Agreement after written notice shall have been given to Tenant, in accordance with Article 33 of this Lease Agreement, Landlord may at its option make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof, and upon completion thereof, Tenant shall pay to Landlord all costs plus 10% of overhead incurred by Landlord in making such repairs upon presentation to Tenant of a bxxx therefore. Landlord shall repair, at its expense, the structural portions of the Building, provided however where structural repairs are required to be made by reason of the acts of Tenant, the costs thereof shall be borne by Tenant and payable by Tenant to Landlord upon demand. Landlord shall be responsible for all outside maintenance of the Premises, including grounds, parking areas and outside areas around trash enclosures. All such maintenance which is the responsibility of Landlord shall be provided as reasonably necessary to the comfortable use and occupancy of Premises during business hours, except Saturdays, Sundays and holidays, upon the condition that Landlord shall not be liable for damages for failure to do so due to causes beyond its control. Landlord shall ensure access to the Premises, including timely snow removal all days.

Appears in 1 contract

Samples: Lease Agreement (Silicom Ltd.)

CARE AND REPAIR OF PREMISES. Tenant Lessee shall commit no act of waste and shall take good care of the Premises and the fixtures and appurtenances therein, and shall, at all times throughout in the Term of this Lease Agreement, including renewals use and extensions, and at its sole expense, keep and maintain the Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s obligations hereunder shall include but not be limited to the maintenance, repair and replacement, if necessary, of mechanical, heating and air conditioning fixtures, equipment, and systems; all lighting and electrical systems; all plumbing fixtures and equipment; any and all other fixtures, motors and machinery; all interior walls, partitions, doors and windows, including the regular painting thereof; all exterior entrances, windows, doors, garage doors, docks and dock levelers, bumpers and seals, and docks and the replacement of all broken glass; and all interior walls, columns, floors and doors of the trash enclosures. When used in this provision, the term “repairs” shall include replacements or renewals when necessary, and all such repairs made by Tenant shall be equal in quality and class to the original work. The Tenant shall keep and maintain all portions occupancy of the Premises, trash enclosures conform to all laws, orders, and the sidewalk and areas adjoining the same in a safe, clean and orderly condition, free of accumulation of dirt and rubbish. Tenant shall be responsible for the prompt removal of snow, ice and other hazardous conditions accumulating or occurring on the sidewalks and walkways between the Premises and parking areas. Maintenance regulations of the HVAC shall specifically include the reasonable cost of semi-annual inspections performed by Landlord’s own engineers or by an independent mechanical contractor who shall be contracted for by Landlord. In either eventfederal, said cost shall be included by Landlord in Operating Expenses under Article 3 of this Lease Agreement and Landlord warrants that any such cost will be reasonable and competitive. If Tenant fails, refuses or neglects to maintain or repair the Premises as required in this Lease Agreement after written notice shall have been given to Tenant, in accordance with Article 33 of this Lease Agreement, Landlord may at its option make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereofstate, and upon completion thereof, Tenant municipal governments or any of their departments. Lessor shall pay to Landlord make all costs plus 10% of overhead incurred by Landlord in making such necessary repairs upon presentation to Tenant of a bxxx therefore. Landlord shall repair, at its expense, the structural portions of the Building, provided however where structural repairs are required to be made by reason of the acts of Tenant, the costs thereof shall be borne by Tenant and payable by Tenant to Landlord upon demand. Landlord shall be responsible for all outside maintenance of the Premises, including grounds, parking areas and outside areas around trash enclosures. All such maintenance which is the responsibility of Landlord shall be provided as reasonably necessary to the comfortable use and occupancy of Premises during business hours, except Saturdays, Sundays and holidays, upon the condition that Landlord shall not be liable for damages for failure to do so due to causes beyond its control. Landlord shall ensure access to the Premises, except where the repair has been made necessary by misuse or neglect by Lessee or Lessee's agents, servants, visitors, or licensees. All improvements made by Lessee to the Premises, which are so attached to the Premises that they cannot be removed without material injury to the Premises, shall become the property of Lessor upon installation. Not later than the last day of the term, Lessee shall, at Lessee's expense, remove all of Lessee's personal property and those improvements made by Lessee which have not become the property of the Lessor, including timely snow trade fixtures, cabinet work, movable paneling, partitions, and the like; repair all injury done by or in connection with the installation of removal all daysof said property and improvements; and surrender the Premises in as good condition as they were at the beginning of the term, reasonable wear and tear, damage required to be repaired by Landlord, damage not required to be repaired by Tenant and damage by fire, the elements, casualty, or other cause not due to the misuse or neglect by Lessee, Lessee's agents, servants, visitors, or licensees, excepted. All other property of Lessee remaining on the Premises after the last day of the term of this Lease shall be conclusively deemed abandoned and may be removed by Lessor, and Lessee shall reimburse Lessor for the cost of such removal. Lessor may have any such property stored at Lessee's risk and expense. Notwithstanding the foregoing, Tenant shall have no obligation to perform any structural alterations or alternations which affect any building system in order to comply with any laws. Notwithstanding anything to the contrary contained herein, Lessee shall have the right to require that Lessor elect, prior to the installation of any item not becoming Lessor's property pursuant to this Paragraph, whether Lessor will require the removal of any such item or items by Lessee at the end of the Lease and Lessor shall notify Lessee of its election without unreasonable delay.

Appears in 1 contract

Samples: Lease (Global Sources LTD)

CARE AND REPAIR OF PREMISES. Tenant Lessee covenants to commit no act of waste and to take good care of the premises and the fixtures and appurtenances therein, and shall in the use and occupancy of the premises comply with all laws, orders and regulations of the federal, state and municipal governments or any of their departments affecting the premises, and with any and all environmental requirements resulting from the Lessee's use of the premises, this covenant to survive the expiration or sooner termination of the Lease; Lessor shall, at Lessor's expense, make all times throughout necessary repairs to the Term common facilities and to the parking areas, if any, the same to be included as an operating cost except where the repair has been made necessary by misuse or neglect by Lessee or Lessee's agents, servants, visitors of this Lease Agreementlicensees, including renewals and extensionsin which event Lessor shall nevertheless make the repair, and but Lessor shall pay to Lessor as additional rent, immediately upon demand, the costs therefor. Lessee, at its sole cost and expense, keep shall have the right to contest any order or regulation and maintain the Premises in a clean, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s obligations hereunder shall include but not be limited required to comply with any such order or regulation until a final non-appealable decision is rendered. All improvements made by Lessee to the maintenancepremises which are so attached to the premises that they cannot be removed without material injury to the premises, repair shall become the property of Lessor upon installation. Not later than the last day of the term, Lessee shall, at Lessee's expense, remove all Lessee's personal property and replacement, if necessary, those improvements made by Lessee which have not become the property of mechanical, heating and air conditioning Lessor including trade fixtures, equipmentcabinet work, and systems; all lighting and electrical systems; all plumbing fixtures and equipment; any and all other fixtures, motors and machinery; all interior wallsmovable paneling, partitions, doors and windowsthe like; repair all injury done by or in connection with the installation or removal of said property and improvements; and surrender the premises in as good condition as they were at the beginning of the term, including reasonable wear and damage by fire, the regular painting thereof; all exterior entranceselements, windowscasualty, doorsor other cause not due to the misuse or neglect by Lessee, garage doorsLessee's agents, docks servants, visitors, or licensees excepted. All other property of Lessee remaining on the premises after the last day of the term of the Lease shall be conclusively deemed abandoned and dock levelers, bumpers and sealsmay be removed by Lessor, and docks Lessee shall reimburse Lessor for the cost of such removal. Lessor may have any such property stored at Lessee's risk and the replacement of all broken glass; and all interior walls, columns, floors and doors of the trash enclosuresexpense. When used in this provision, the term “repairs” shall include replacements or renewals when necessary, and all such repairs made by Tenant shall be equal in quality and class With respect to the original work. The Tenant shall keep common facilities and maintain all portions of the Premisesparking area, trash enclosures and the sidewalk and areas adjoining the same in a safe, clean and orderly condition, free of accumulation of dirt and rubbish. Tenant Lessee shall be responsible for the prompt removal of snow, ice and other hazardous conditions accumulating or occurring on the sidewalks and walkways between the Premises and parking areas. Maintenance of the HVAC shall specifically include the reasonable cost of semi-annual inspections performed by Landlord’s own engineers or by an independent mechanical contractor who shall be contracted for by Landlord. In either event, said cost shall be included by Landlord in Operating Expenses under Article 3 of this Lease Agreement and Landlord warrants that any such cost will be reasonable and competitive. If Tenant fails, refuses or neglects to maintain or repair the Premises as required in this Lease Agreement after written notice shall have been given to Tenant, in accordance with Article 33 of this Lease Agreement, Landlord may at its option make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof, and upon completion thereof, Tenant shall pay to Landlord all costs plus 10% of overhead incurred by Landlord in making such repairs upon presentation to Tenant of a bxxx therefore. Landlord shall repair, at its expense, the structural portions of the Building, provided however where structural repairs are required to be made by reason of the acts of Tenant, the costs thereof shall be borne by Tenant and payable by Tenant to Landlord upon demand. Landlord shall be responsible for all outside maintenance of the Premises, including grounds, parking areas and outside areas around trash enclosures. All such maintenance which is the responsibility of Landlord shall be provided as reasonably necessary to the comfortable use and occupancy of Premises during business hours, except Saturdays, Sundays and holidays, upon the condition that Landlord shall not be liable for damages for failure to do so due to causes beyond its control. Landlord shall ensure access to the Premises, including timely snow removal all dayscovered by insurance caused by visitors and/or licenses.

Appears in 1 contract

Samples: Lease (Menlo Acquisition Corp)

CARE AND REPAIR OF PREMISES. Tenant shall, at all times throughout the Term term of this Lease AgreementLease, including renewals and extensionsextension, and at its sole expense, keep and maintain the Premises in a clean, safe, sanitary and first class condition condition, subject to reasonable wear and tear, and in compliance with all applicable laws, codes, ordinances, rules and regulationsregulations but only if the requirements apply to Tenant’s specific use of the Premises and not to office or retail use generally, and otherwise Landlord shall be responsible for such compliance. Tenant’s obligations hereunder shall include but not be limited to the maintenance, repair and replacement, if necessary, of mechanicalheating, heating and air conditioning fixtures, equipment, and systems; , all lighting and electrical systems; all plumbing fixtures and equipment; any and all other , fixtures, motors and machinery; , all interior wallswalls and doors of the trash enclosure, partitions, doors and windows, including the regular painting thereof; , all exterior entrances, windows, doors, garage doors, docks and dock levelers, bumpers and seals, doors and docks and the replacement of all broken glass; , and all interior walls, columns, floors and doors to the extent any of the trash enclosuresforegoing items are located within, and exclusively serve, the Premises. When used in this provision, the term “repairs” shall include replacements or renewals when necessary, and all such repairs made by Tenant shall be equal in quality and class to the original work. The Tenant shall keep and maintain all portions of the Premises, trash enclosures and the sidewalk and areas adjoining the same Premises in a safe, clean and orderly condition, free of accumulation of dirt dirt, rubbish, snow and rubbish. Tenant shall be responsible for the prompt removal of snow, ice and other hazardous conditions accumulating or occurring on the sidewalks and walkways between the Premises and parking areas. Maintenance of the HVAC shall specifically include the reasonable cost of semi-annual inspections performed by Landlord’s own engineers or by an independent mechanical contractor who shall be contracted for by Landlord. In either event, said cost shall be included by Landlord in Operating Expenses under Article 3 of this Lease Agreement and Landlord warrants that any such cost will be reasonable and competitiveice. If Tenant fails, refuses or neglects to maintain or repair the Demised Premises as required in this Lease Agreement within a reasonable time after written notice shall have been given to Tenant, in accordance with Article 33 of this Lease AgreementLease, Landlord may at its option make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof, and upon completion thereof, Tenant shall pay to Landlord all costs plus ten percent (10% %) of overhead reasonably incurred by Landlord in making such repairs upon presentation to Tenant of a bxxx thereforexxxx therefor. Landlord shall repair, at its expense, the structural portions of the Building, provided however where structural repairs are required to be made by reason of the acts of Tenant, the costs thereof shall be borne by Tenant and payable by Tenant to Landlord upon demand. , subject to Section 15C. Landlord shall be responsible for all outside maintenance of the Premises, including grounds, parking areas and outside areas around areas, trash enclosures, the electrical systems, heating and air conditioning systems (located outside the Premises), sprinkler and plumbing systems (located outside the Premises), roof, exterior walls, foundation, the parking, landscaped and common areas, and shall keep such areas free of accumulation of dirt, rubbish, snow and ice. Landlord also shall maintain all other portions of the Premises and Building not specifically delegated to Tenant herein. All such maintenance which is the responsibility of Landlord shall be provided as reasonably necessary to the comfortable use and occupancy of Premises during business hours, except Saturdays, Sundays and holidays, upon in accordance with the condition that Landlord shall not be liable for damages for failure to do so due to causes beyond its control. Landlord shall ensure access to the Premises, including timely snow removal all daysstandards of first class office/warehouse buildings.

Appears in 1 contract

Samples: Commercial Lease (Ciprico Inc)

CARE AND REPAIR OF PREMISES. Tenant shall commit no act of waste and shall take good care of the premises and the fixtures and appurtenances therein and shall, in the use and occupancy of the premises, conform to all laws, orders, and regulations of the Federal, State, and municipal governments or any of their departments. Landlord shall make all necessary repairs to the premises, except where the repair has been made necessary by misuse or neglect by Tenant or Tenant's agents, servants, visitors, or licensee. All improvements made by Tenant to the premises which are so attached to the premises that they cannot be removed without material injury to the premises, shall become the property of Landlord upon installation. Not later than the last day of the Lease Term, Tenant shall, at Tenant's expense, remove all times throughout of Tenant's personal property and those improvements made by Tenant which have not become the Term property of Landlord, including trade fixtures, cabinetwork, movable paneling, partitions, and the like, repair all injury done by or in connection with the installation or removal of said property or improvements, and surrender the premises broom clean in as good condition as they were at the beginning of the term, reasonable wear, and damage by fire, the elements, casualty, or other causes not due to the misuse of neglect of Tenant or Tenant's agents, servants, visitors, or licensees, excepted. All property of Tenant remaining on the premises after the last day of the term of this Lease Agreement, including renewals shall be deemed abandoned and extensionsmay be removed by Landlord, and Tenant shall reimburse Landlord for the cost of such removal. Landlord may have any such property stored at its sole Tenant's risk and expense. Any alternative, keep and maintain the Premises in a cleanadditions, safe, sanitary and first class condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s obligations hereunder shall include but not be limited or improvements to the maintenance, repair and replacement, if necessary, of mechanical, heating and air conditioning fixtures, equipment, and systems; all lighting and electrical systems; all plumbing fixtures and equipment; any and all other fixtures, motors and machinery; all interior walls, partitions, doors and windows, including the regular painting thereof; all exterior entrances, windows, doors, garage doors, docks and dock levelers, bumpers and seals, and docks and the replacement of all broken glass; and all interior walls, columns, floors and doors of the trash enclosures. When used in this provision, the term “repairs” shall include replacements or renewals when necessary, and all such repairs made by Tenant premises shall be equal in quality and class to the original work. The Tenant shall keep and maintain all portions of the Premises, trash enclosures and the sidewalk and areas adjoining the same in a safe, clean and orderly condition, free of accumulation of dirt and rubbishonly with Landlord's prior written consent. Tenant shall be responsible for not, without first obtaining the prompt removal written consent of snowLandlord, ice and other hazardous conditions accumulating abandon the premises, or occurring on allow the sidewalks and walkways between the Premises and parking areas. Maintenance of the HVAC shall specifically include the reasonable cost of semi-annual inspections performed by Landlord’s own engineers premises to become vacant or by an independent mechanical contractor who shall be contracted for by Landlord. In either event, said cost shall be included by Landlord in Operating Expenses under Article 3 of this Lease Agreement and Landlord warrants that any such cost will be reasonable and competitive. If Tenant fails, refuses or neglects to maintain or repair the Premises as required in this Lease Agreement after written notice shall have been given to Tenant, in accordance with Article 33 of this Lease Agreement, Landlord may at its option make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s merchandise, fixtures or other property or to Tenant’s business by reason thereof, and upon completion thereof, Tenant shall pay to Landlord all costs plus 10% of overhead incurred by Landlord in making such repairs upon presentation to Tenant of a bxxx therefore. Landlord shall repair, at its expense, the structural portions of the Building, provided however where structural repairs are required to be made by reason of the acts of Tenant, the costs thereof shall be borne by Tenant and payable by Tenant to Landlord upon demand. Landlord shall be responsible for all outside maintenance of the Premises, including grounds, parking areas and outside areas around trash enclosures. All such maintenance which is the responsibility of Landlord shall be provided as reasonably necessary to the comfortable use and occupancy of Premises during business hours, except Saturdays, Sundays and holidays, upon the condition that Landlord shall not be liable for damages for failure to do so due to causes beyond its control. Landlord shall ensure access to the Premises, including timely snow removal all daysdeserted.

Appears in 1 contract

Samples: Lease Agreement (Patient Infosystems Inc)

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