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 of Tenant's personal property and, at Tenant's option, those improvements made by Tenant which have not become the 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 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.
Appears in 2 contracts
Samples: Lease Agreement (Access Integrated Technologies Inc), Lease Agreement (Mail Com Inc)
CARE AND REPAIR OF PREMISES. Tenant shall covenants to commit no act of waste and shall to take good care of the Premises and the fixtures and appurtenances therein, and shall, in the use and occupancy of the Premises, conform to Premises comply with all laws, orders and regulations of the federal, state, county state and municipal governments or any of their departmentsdepartments 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 PremisesCommon Facilities and to the parking areas, if any, the same to be included as an Operating Cost, except where a the repair has been made necessary by misuse or neglect primarily caused by Tenant or Tenant's agents, servants, visitors or licensees not covered by insurancelicensees, 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 Premises, shall become the property of Landlord upon installation. Not later than the last day of the termTerm, Tenant shall, at Tenant's expense, expense (a) remove all of Tenant's personal property and, at Tenant's option, and those improvements made by Tenant which have not become the property of Landlord, including trade fixtures, cabinet work, movable paneling, partitions 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 termTerm, 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 licenseeslicensees excepted, excepted. Tenant need not be responsible for damage covered by Landlord's insuranceand in "broom clean" condition. All other property of Tenant remaining on the Premises after the last day of the term of this Lease 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 or the date of sooner termination hereof, Tenant shall provide to Landlord appropriate evidence of compliance with ECRA/ISRA and the rules, regulations and directives promulgated in connection therewith and applicable to Tenant's surrendering of the Premises, the Building, the Building Area and the Common Facilities to Landlord and 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 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 this Lease, 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 surrender of the Demised Premises and shall also survive sale, lease, or assignment of the Demised Premises by Landlord. Tenant agrees to indemnify and hold Landlord harmless from any violation of ECRA/ISRA occasioned by Tenant's use of the Demised Premises. Tenant shall immediately provide Landlord with copies of all correspondence, reports, notices, orders, findings, declarations, and other materials pertinent to the Tenant's compliance and the Department of Environmental Protection and Energy ("DEPE") requirements under ECRA/ISRA as they are issued or received by the Tenant.
Appears in 2 contracts
Samples: Lease Agreement (Infocrossing Inc), Lease Agreement (Computer Outsourcing Services Inc)
CARE AND REPAIR OF PREMISES. Tenant (a) 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, county state and municipal governments or any of their departmentsdepartments applicable to Lessee’s business and its use of the Premises and with any and all environmental requirements applicable to Lessee’s use of the Premises. Landlord This covenant shall survive the expiration or sooner termination of this Lease.
(b) Lessor shall make all necessary structural repairs and replacements to the Building, repairs to the roof of the Building, repairs and replacements to the systems servicing the Premises, including, but not limited to, the electrical, plumbing, heating and air conditioning systems (but not repair of the systems to the extent such repairs are located inside the Premises), and to the parking areas, except where a the repair or replacement has been made necessary by misuse the negligence or neglect by Tenant willful misconduct of Lessee or Tenant's Lessee’s agents, servants, visitors or licensees licensees, in which event Lessor shall nevertheless make the repair or the replacement, as the case may be, but Lessee shall pay to Lessor, as Additional Rent, immediately upon demand, the reasonable costs therefor.
(c) Lessee shall be responsible for (i) removal of waste and garbage from the Premises, (ii) maintenance of the Premises, including repairs and maintenance of any additional or supplemental electrical, plumbing, heating and air conditioning HVAC systems, appliances and equipment serving exclusively the Premises or installed to meet Lessee’s specific requirements, and (c) the installation, repair and maintenance of any additional tech wiring and cabling not covered included in Lessor’s Work set forth on Exhibit B. No additional or supplemental electrical, plumbing, heating and air conditioning HVAC systems shall be installed by insuranceLessee without Lessor’s written consent. Any repairs made by Lessee shall be conducted under the supervision of the Lessor after notification by the Lessee. Notwithstanding the foregoing, Lessor shall be responsible for any repairs resulting from any defect in Lessor’s Work.
(d) All improvements made by Tenant Lessee to the Premises, which are so permanently attached to the Premises that they cannot be removed without material injury to the Premises (excluding furniture and trade fixtures installed or purchased by Lessee), shall become the property of Landlord Lessor upon installation. Lessor shall deliver the Premises vacant and in broom clean condition on the Commencement Date. Not later than the last day of the termTerm, Tenant Lessee shall, at Tenant's Lessee’s expense, remove all of Tenant's Lessee’s personal property and, at Tenant's option, and those improvements made by Tenant Lessee which have not become the property of LandlordLessor, including trade fixtures, cabinet workcabinetwork, 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 termTerm, reasonable wear and damage by fire, the elements, casualty, casualty or other cause not due to the misuse negligence or neglect by Tenant, Tenant's willful misconduct of Lessee or Lessee’s agents, servants, visitors or licensees, excepted. Tenant need not be responsible for damage covered by Landlord's insurance. All other property of Tenant Lessee remaining on the Premises after the last day of the term Term of this Lease shall shall, if not removed within ten (10) days after notice from Lessor, be conclusively deemed abandoned and may be removed by LandlordLessor, and Tenant Lessee shall reimburse Landlord Lessor for the cost of such removal. Landlord Lessor may have any such property stored at Tenant's Lessee’s risk and expense. Lessee shall not generate, handle, dispose, bring, store or discharge or permit the generation, handling, disposal, bringing, storage or discharge of any hazardous substances or wastes in, upon or about the Premises or the Building in violation of any laws and/or requirements of public authorities (hereinafter collectively referred to as “Prohibited Actions”). Lessee shall indemnify, defend and hold Lessor harmless from and against any and all losses, costs, damages, liabilities or expenses (including without limitation, attorney’s fees and disbursements) which Lessor may sustain or incur as a result of any Prohibited Actions.
Appears in 2 contracts
Samples: Lease Agreement (Nexus Biopharma Inc), Lease Agreement (Fluoropharma 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 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 commit no act be equal in quality and class to the original work. The Tenant shall keep and maintain all portions of waste 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 take good care 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 and appurtenances thereinor other property or to Tenant’s business by reason thereof, and shallupon 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 Premises, conform condition that Landlord shall not be liable for damages for failure to all laws, orders and regulations of the federal, state, county and municipal governments or any of their departmentsdo so due to causes beyond its control. Landlord shall make all necessary repairs ensure access 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 including timely snow removal all of Tenant's personal property and, at Tenant's option, those improvements made by Tenant which have not become the 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 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 expensedays.
Appears in 2 contracts
Samples: Commercial Lease (Celcuity LLC), Commercial Lease (Celcuity LLC)
CARE AND REPAIR OF PREMISES. Tenant shall will not commit no any act of waste that damages the Premises or Building and shall will take good care of the Premises and the fixtures and appurtenances thereinPremises, and shall, in will comply with all Legal Requirements affecting the Premises or the Tenant’s use and and/or 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 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 a the repair has been made necessary by misuse or neglect by Tenant or Tenant's ’s agents, servantsemployees, contractors, invitees, visitors or licensees not covered (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 insuranceLandlord to complete such repairs. All improvements made by Tenant prior to or after the Premises, commencement of the Term which are so attached to the Premises that they cannot be removed without material injury to the Premises shall will, at Landlord’s option, become the property of Landlord upon installationthe expiration or sooner termination of this Lease. Not later than the last day of the termTerm, Tenant shallwill, at Tenant's ’s expense, remove from the Building all of Tenant's ’s personal property and, at Tenant's option, and those improvements made by Tenant which have Landlord has not become the property of elected by notice to Tenant to retain as Landlord’s property, including as well as all trade fixtures, fixtures (other than built-in cabinet work), movable panelingmoveable partitions, 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 property, improvements, wiring and improvementsthe like; cap or terminate all 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 termTerm, except for reasonable wear and damage by firecasualty, the elements, casualtyinsured damage, or other cause not due to the misuse willful or neglect by negligent act or omission of Tenant and/or Tenant, Tenant's agents, servants, visitors or licensees, excepted. Tenant need not be responsible for damage covered by Landlord's insurance’s Agents. All other property of Tenant remaining on the Premises after the last day of the term of this Lease shall Term will be conclusively deemed abandoned and may be removed and discarded or stored at Tenant’s risk by Landlord, and Tenant shall reimburse 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” that are so designated by Landlord may have any such property stored at on Tenant's risk and expense.’s plans when submitted for approval. For purposes hereof, “
Appears in 1 contract
Samples: Short Form Lease (Geron Corp)
CARE AND REPAIR OF PREMISES. Tenant shall, at all times throughout the Term of this Lease, 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, bumpers, and docks and the replacement of all broken glass; and (iv) all interior 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 commit no act be equal in quality and class to the original work. The Tenant shall keep and maintain all portions of waste 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 take good care 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 fixtures and appurtenances thereinHVAC shall specifically include the reasonable cost of 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. Notwithstanding the foregoing, Landlord shall be responsible for replacing the HVAC system if Landlord determines that it must be replaced, and shalleach 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 one instance and (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 after written notice shall have been given to Tenant and the applicable cure period has expired, in accordance with Article 33 of this Lease, 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 so long as Landlord uses reasonable care in performing such work, and upon completion thereof, Tenant shall pay to Landlord all costs plus 5% of overhead incurred by Landlord in making such repairs upon presentation to Tenant of a 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 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 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, conform to all lawshowever, orders and regulations of the federalexcept as otherwise provided in this Lease, state, county and municipal governments or any of their departments. Landlord shall will make all necessary repairs modifications and/or improvements to the Premises, except where a repair has been made necessary Building only if ordered to do so 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 of Tenant's personal property and, at Tenant's option, those improvements made by Tenant which have not become the 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 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 expenseappropriate governmental authority.
Appears in 1 contract
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 orders, and regulations of the federal, state, county and municipal governments or any of their departments. Landlord Lessor shall make all necessary repairs to the Premises, except where a the repair has been made necessary by misuse or neglect by Tenant Lessee or TenantLessee's agents, servants, visitors visitors, or licensees not covered by insurancelicensees. All improvements made by Tenant Lessee to the Premises, which are so attached to the Premises that they cannot be removed without material injury to the Premises Premises, shall become the property of Landlord Lessor upon installation. Not later than the last day of the term, Tenant Lessee shall, at TenantLessee's expense, remove all of TenantLessee's personal property and, at Tenant's option, and those improvements made by Tenant Lessee which have not become the property of Landlordthe Lessor, including trade fixtures, cabinet work, movable paneling, partitions partitions, and the like; repair all injury done by or in connection with the installation or of 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 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 TenantLessee, TenantLessee's agents, servants, visitors visitors, or licensees, excepted. Tenant need not be responsible for damage covered by Landlord's insurance. All other property of Tenant 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 LandlordLessor, and Tenant Lessee shall reimburse Landlord Lessor for the cost of such removal. Landlord Lessor may have any such property stored at TenantLessee'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 Agreement (Global Sources LTD)
CARE AND REPAIR OF PREMISES. Tenant shall will not commit no any act of waste that damages the Premises or Building and shall will take good care of the Premises and interior, nonstructural portions of the fixtures and appurtenances thereinPremises, and shall, in will comply with all Legal Requirements affecting the Premises or the Tenant’s use and and/or occupancy of the Premises. Notwithstanding the foregoing, conform Tenant shall not be obligated to all lawsmake any structural or systems alterations to comply with Legal Requirements (nor shall Tenant be obligated to assume the cost of same, orders and regulations except as part of Operating Costs, to the extent permitted), unless the need for such compliance is triggered by Tenant’s particular manner or use of the federalPremises, state, county and municipal governments or any of their departmentsas opposed to office use in general. Landlord shall 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 a the repair has been made necessary by misuse or neglect by Tenant or Tenant's ’s agents, servantsemployees, contractors, invitees, visitors or licensees not covered (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 insuranceLandlord to complete such repairs. All improvements made by Tenant prior to or after the Premises, commencement of the Term which are so attached to the Premises that they cannot be removed without material injury to the Premises shall will become the property of Landlord upon installationthe 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 termTerm, Tenant shallwill, at Tenant's ’s expense, remove from the Building all of Tenant's ’s personal property and, at Tenant's option, and those improvements made by Tenant which have Landlord has not become the property of elected by notice to Tenant to retain as Landlord’s property, including as well as all moveable trade fixtures, fixtures (other than built-in cabinet work), movable panelingmoveable partitions, 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 property, improvements, wiring and improvementsthe like; cap or terminate all 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 termTerm, except for reasonable wear and damage by fire, the elements, casualty, casualty or other cause not due to the misuse or neglect by Tenant and/or Tenant, Tenant's agents, servants, visitors or licensees, excepted. Tenant need not be responsible for damage covered by Landlord's insurance’s Agents. All other property of Tenant remaining on the Premises after the last day of the term of this Lease shall Term will be conclusively deemed abandoned and may be removed and discarded or stored at Tenant’s risk by Landlord, and Tenant shall reimburse 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 may have any such property stored advises Tenant, prior to the installation thereof, that same must be removed at Tenant's risk and expense.the end of the Term. For purposes hereof, “
Appears in 1 contract
CARE AND REPAIR OF PREMISES. Tenant shall commit no act of waste and shall take good care of the Premises premises and the fixtures and appurtenances therein, therein and shall, in the use and occupancy of the Premisespremises, conform to all laws, orders orders, and regulations of the federalFederal, stateState, county and municipal governments or any of their departments. Landlord shall make all necessary repairs to the Premisespremises, except where a the repair has been made necessary by misuse or neglect by Tenant or Tenant's agents, servants, visitors visitors, or licensees not covered by insurancelicensee. All improvements made by Tenant to the Premises, premises which are so attached to the Premises premises that they cannot be removed without material injury to the Premises premises, shall become the property of Landlord upon installation. Not later than the last day of the termLease Term, Tenant shall, at Tenant's expense, remove all of Tenant's personal property and, at Tenant's option, and those improvements made by Tenant which have not become the property of Landlord, including trade fixtures, cabinet workcabinetwork, movable paneling, partitions partitions, and the like; , repair all injury done by or in connection with the installation or removal of said property and or improvements; , and surrender the Premises premises broom clean in as good condition as they were at the beginning of the term, reasonable wear wear, and damage by fire, the elements, casualty, or other cause causes not due to the misuse of neglect of Tenant or neglect by Tenant, Tenant's agents, servants, visitors 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 premises after the last day of the term of this Lease 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. Any alternative, additions, or improvements to the premises shall be only with Landlord's prior written consent. Tenant shall not, without first obtaining the written consent of Landlord, abandon the premises, or allow the premises to become vacant or deserted.
Appears in 1 contract
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, county state and municipal governments or any of their departments. Landlord ; Lessee shall keep the entrances, stairs, sidewalk in the front of the store clean and free from trash, debris, snow and ice; Lessor shall maintain and make all necessary repairs to the Building, the HVAC system and the exterior portions or the plumbing and electrical systems, and the exterior of the Premises, including foundation and structure, roof, lawns, parking areas, and walk ways, except where a the repair has been made necessary by misuse or neglect by Tenant Lessee or TenantLessee's agents, servants, visitors or licensees not covered by insurancelicensees, in which event Lessor shall nevertheless make the repairs but Lessee shall pay to Lessor, as Additional Rent immediately upon demand, the reasonable costs thereof. All improvements improvements, except light fixtures, made by Tenant 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 Landlord Lessor upon installation. Not later than the last day of the term, Tenant Lessee shall, at TenantLessee's expense, remove all of TenantLessee's personal property and, at Tenant's option, and those improvements made by Tenant which Lessee that have not become the property of Landlordthe Lessor, 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, tear excepted. Tenant need not be responsible for damage covered by Landlord's insurance. All other property of Tenant Lessee remaining on the Premises premises after the last day of the term of this Lease lease shall be conclusively deemed abandoned and may be removed by LandlordLessor, and Tenant Lessee shall reimburse Landlord Lessor for the cost of such removal. Landlord Lessor may have any such property stored at TenantLessee's risk and expense.
Appears in 1 contract
Samples: Lease (Unapix Entertainment Inc)
CARE AND REPAIR OF PREMISES. Tenant shall will not commit no any act of waste that damages the Premises or Building and shall will take good care of the Premises and the fixtures and appurtenances thereinPremises, and shall, in will comply with all Legal Requirements affecting the Premises or the Tenant’s use and and/or 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 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 a the repair has been made necessary by misuse or neglect by Tenant or Tenant's ’s agents, servantsemployees, contractors, invitees, visitors or licensees not covered (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 insuranceLandlord to complete such repairs. All improvements made by Tenant prior to or after the Premises, commencement of the Term which are so attached to the Premises that they cannot be removed without material injury to the Premises shall will, at Landlord’s option, become the property of Landlord upon installationthe expiration or sooner termination of this Lease. Not later than the last day of the termTerm, Tenant shallwill, at Tenant's ’s expense, remove from the Building all of Tenant's ’s personal property and, at Tenant's option, and those improvements made by Tenant which have Landlord has not become the property of elected by notice to Tenant, said notice to be requested by Tenant simultaneously with any request to perform such improvements, to retain as Landlord’s property, including as well as all trade fixtures, fixtures (other than built-in cabinet work), movable panelingmoveable partitions, 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 property, improvements, wiring and improvementsthe like; cap or terminate all 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 termTerm, except for reasonable wear and damage by fire, the elements, casualty, casualty or other cause not due to the misuse or neglect by Tenant and/or Tenant, Tenant's agents, servants, visitors or licensees, excepted. Tenant need not be responsible for damage covered by Landlord's insurance’s Agents. All other property of Tenant remaining on the Premises after the last day of the term of this Lease shall Term will be conclusively deemed abandoned and may be removed and discarded or stored at Tenant’s risk by Landlord, and Tenant shall reimburse will pay Landlord for the cost of such removal, discarding and/or storage. Landlord may have any such property stored at Tenant's risk and expense.Notwithstanding anything contained herein to the contrary, Tenant shall remove all installations that are “non-standard office improvements”. For purposes hereof, “
Appears in 1 contract
CARE AND REPAIR OF PREMISES. Tenant shall will not commit no any act of waste that damages the Premises or Building and shall will take good care of the Premises and the fixtures and appurtenances thereinPremises, and shall, in will comply with all Legal Requirements affecting the Premises or the Tenant’s use and and/or 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 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 a the repair has been made necessary by misuse or neglect by Tenant or Tenant's ’s agents, servantsemployees, contractors, invitees, visitors or licensees not covered (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 insuranceLandlord 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, which are so attached to the Premises that they cannot be removed without material injury to the Premises shall except trade fixtures, will, at Landlord’s option, become the property of Landlord upon installationthe expiration or sooner termination of this Lease. Not later than the last day of the termTerm, Tenant shallwill, at Tenant's ’s expense, remove from the Building all of Tenant's ’s personal property and, at Tenant's option, and those improvements made by Tenant which have Landlord has not become the property of elected by notice to Tenant to retain as Landlord’s property, including as well as all trade fixtures, fixtures (other than built-in cabinet work), movable panelingmoveable partitions, 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 property, improvements, wiring and improvementsthe like; cap or terminate all 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 termTerm, except for reasonable wear and damage by fire, the elements, casualty, casualty or other cause not due to the misuse or neglect by Tenant and/or Tenant, Tenant's agents, servants, visitors or licensees, excepted’s Agents. Tenant need not be responsible for damage covered by shall have no obligation to remove any of the wiring existing within the Premises prior to the date hereof. If existing wiring interferes with the installation of new wiring, Landlord's insurance, at its sole cost and expense, shall remove the existing wiring. All other property of Tenant remaining on the Premises after the last day of the term of this Lease shall Term will be conclusively deemed abandoned and may be removed and discarded or stored at Tenant’s risk by Landlord, and Tenant shall reimburse will pay Landlord for the reasonable cost of such removal, discarding and/or storage. Landlord may have any such property stored at Tenant's risk and expense.Notwithstanding anything contained herein to the contrary, Tenant shall remove all installations that are “non-standard office improvements”. For purposes hereof, “
Appears in 1 contract
CARE AND REPAIR OF PREMISES. Tenant shall, at all times throughout the Term of this Lease, 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, bumpers, and docks and the replacement of all broken glass; and (iv) all interior 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 commit no act be equal in quality and class to the original work. The Tenant shall keep and maintain all portions of waste 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 take good care 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 fixtures and appurtenances thereinHVAC shall specifically include the reasonable cost of 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. Notwithstanding the foregoing, Landlord shall be responsible for replacing the HVAC system if Landlord determines that it must be replaced, and shalleach 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 one instance and (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 after written notice shall have been given to Tenant and the applicable cure period has expired, in accordance with Article 33 of this Lease, 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 so long as Landlord uses reasonable care in performing such work, and upon completion thereof, Tenant shall pay to Landlord all costs plus 5% of overhead incurred by Landlord in making such repairs upon presentation to Tenant of a 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 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 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, conform to all lawshowever, orders and regulations of the federalexcept as otherwise provided in this Lease, state, county and municipal governments or any of their departments. Landlord shall will make all necessary repairs modifications and/or improvements to the Premises, except where a repair has been made necessary Building only if ordered to do so 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 of Tenant's personal property and, at Tenant's option, those improvements made by Tenant which have not become the 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 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 expenseappropriate governmental authority.
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CARE AND REPAIR OF PREMISES. Tenant shall 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, county and municipal governments or any of their departmentsagency or department thereof. Landlord Lessee shall make all necessary repairs repairs, not including structural repairs, to the Premises, except where a repair has been made necessary by misuse or neglect by Tenant or TenantPremises at Lessee's agents, servants, visitors or licensees not covered by insurancesole 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 good and 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 insurance evidencing liability coverage in such an amount and by such a carrier satisfactory to Lessor. All such work shall be scheduled in consultation with and subject to the approval of Lessor. If Lessee shall fail to make such repairs as are necessary, Lessor shall nevertheless make the necessary repairs but Lessee shall pay to Lessor, as additional rent, immediately upon demand, the costs therefor. All alterations, additions and improvements made by Tenant Lessee to the Premisespremises, which are so attached to the Premises that they cannot be removed without material injury to the Premises Premises, shall become the property of Landlord Lessor upon installation. Not later than the last day of the term, Tenant Lessee shall, at TenantLessee's expense, (a) remove all of TenantLessee's personal property and, at Tenant's option, and those improvements made by Tenant Lessee which have not become the property of LandlordLessor, as hereinabove provided, (including trade fixtures, cabinet workcabinetwork, 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 TenantLessee, TenantLessee's agents, servants, visitors or licensees, licensees excepted. Tenant need not be responsible for damage covered by Landlord's insurance. All other property of Tenant 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 LandlordLessor, and Tenant Lessee shall reimburse Landlord Lessor for the cost of such removal. Landlord Lessor may have any such property stored at TenantLessee'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 telephone and computer cable, wiring and flooring and deliver the Demised Premises in broom clean condition.
Appears in 1 contract
CARE AND REPAIR OF PREMISES. Tenant shall, at all times throughout the Term of this Lease, 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 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 commit no act be equal in quality and class to the original work. The Tenant shall keep and maintain all portions of waste 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 take good care 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 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 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 after written notice shall have been given to Tenant, in accordance with Article 33 of this Lease, 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 and appurtenances thereinor other property or to Tenant's business by reason thereof, and shallupon 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 Premises, conform condition that Landlord shall not be liable for damages for failure to all laws, orders and regulations of the federal, state, county and municipal governments or any of their departmentsdo so due to causes beyond its control. Landlord shall make all necessary repairs ensure access 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 including timely snow removal all of Tenant's personal property and, at Tenant's option, those improvements made by Tenant which have not become the 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 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 expensedays.
Appears in 1 contract
Samples: Commercial Lease (Celcuity Inc.)
CARE AND REPAIR OF PREMISES. Tenant shall will not commit no any act of waste that damages the Premises or Building and shall will take good care of the Premises and the fixtures and appurtenances thereinPremises, and shall, in the will comply with all Legal Requirements relating to Tenant’s use and occupancy and/or manner of use 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 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 a the repair has been made necessary by misuse or neglect by Tenant or Tenant's ’s agents, servantsemployees, contractors, invitees, visitors or licensees not covered (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 insuranceLandlord to complete such repairs. All Except as may otherwise be set forth in Exhibit C attached hereto, all improvements made by Tenant prior to or after the Premises, commencement of the Term which are so attached to the Premises that they cannot be removed without material injury to the Premises shall will, at Landlord’s option, become the property of Landlord upon installationthe expiration or sooner termination of this Lease. Not later than the last day of the termTerm, Tenant shallwill, at Tenant's ’s expense, remove from the Building all of Tenant's ’s personal property and, at Tenant's option, and those improvements made by Tenant which have Landlord has not become the property of elected by notice to Tenant to retain as Landlord’s property, including as well as all trade fixtures, fixtures (other than built-in cabinet work), movable panelingmoveable partitions, 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 property, improvements, wiring and improvementsthe like; cap or terminate all 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 termTerm, except for reasonable wear and damage by fire, the elements, casualty, casualty or other cause not due to the misuse or neglect by Tenant and/or Tenant, Tenant's agents, servants, visitors or licensees, excepted. Tenant need not be responsible for damage covered by Landlord's insurance’s Agents. All other property of Tenant remaining on the Premises after the last day of the term of this Lease shall Term will be conclusively deemed abandoned and may be removed and discarded or stored at Tenant’s risk by Landlord, and Tenant shall reimburse 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”. For purposes hereof, “non-standard office improvements” shall mean raised flooring, interior staircases. vaults, elevators, modifications to the Building’s utility and mechanical systems and unusual configuration for first class office space. Tenant shall repair any damage to the Premises resulting from such removal Tenant is responsible throughout the Term for all costs related to the repair and maintenance of any additional or supplemental HVAC systems, appliances and equipment serving exclusively the Premises or installed to meet Tenant’s specific requirements. Tenant will purchase and 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 may have any such property stored at Tenant's risk and expensefor its approval prior to signing it.
Appears in 1 contract
CARE AND REPAIR OF PREMISES. Tenant shall will not commit no any act of waste that damages the Premises or Building and shall will take good care of the Premises and the fixtures and appurtenances thereinPremises, and shall, in will comply with all Legal Requirements affecting the Premises or the Tenant’s use and and/or 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 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 a the repair has been made necessary by misuse or neglect by Tenant or Tenant's ’s agents, servantsemployees, contractors, invitees, visitors or licensees not covered (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 insuranceLandlord to complete such repairs. All improvements made by Tenant prior to or after the Premises, commencement of the Term which are so attached to the Premises that they cannot be removed without material injury to the Premises shall will, at Landlord’s option, become the property of Landlord upon installationthe 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 termTerm, Tenant shallwill, at Tenant's ’s expense, remove from the Building all of Tenant's ’s personal property and, at Tenant's option, and those improvements made by Tenant which have Landlord has not become the property of elected by notice to Tenant to retain as Landlord’s property, including as well as all trade fixtures, fixtures (other than built-in cabinet work), movable panelingmoveable partitions, partitions workstation modules, 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 property, improvements, wiring and improvementsthe like; cap or terminate all 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 termTerm, except for reasonable wear and damage by fire, the elements, casualty, casualty or other cause not due to the misuse or neglect by Tenant and/or Tenant, Tenant's agents, servants, visitors or licensees, excepted. Tenant need not be responsible for damage covered by Landlord's insurance’s Agents. All other property of Tenant remaining on the Premises after the last day of the term of this Lease shall Term will be conclusively deemed abandoned and may be removed and discarded or stored at Tenant’s risk by Landlord, and Tenant shall reimburse will pay Landlord for the cost of such removal, discarding and/or storage. Landlord may have any such property stored at Tenant's risk and expense.Notwithstanding anything contained herein to the contrary, Tenant shall remove all installations that are “non-standard office improvements”. For purposes hereof, “
Appears in 1 contract
CARE AND REPAIR OF PREMISES. Tenant shall xxxx not commit no any act of waste that damages the Premises or Building and shall will take good care of the Premises and the fixtures and appurtenances thereinPremises, and shall, in will comply with all Legal Requirements affecting the Premises or the Tenant’s use and and/or 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 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 a the repair has been made necessary by misuse or neglect by Tenant or Tenant's ’s agents, servantsemployees, contractors, invitees, visitors or licensees not covered (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 insuranceLandlord to complete such repairs. All improvements made by Tenant prior to or after the Premises, commencement of the Term which are so attached to the Premises that they cannot be removed without material injury to the Premises shall will, at Landlord’s option, become the property of Landlord upon installationthe expiration or sooner termination of this Lease. Not later than the last day of the termTerm, Tenant shallwill, at Tenant's ’s expense, remove from the Building all of Tenant's ’s personal property and, at Tenant's option, and those improvements made by Tenant which have Landlord has not become the property of elected by notice to Tenant to retain as Landlord’s property, including as well as all trade fixtures, fixtures (other than built-in cabinet work), movable panelingmoveable partitions, 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 property, improvements, wiring and improvementsthe like; cap or terminate all 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 termTerm, except for reasonable wear and damage by fire, the elements, casualty, casualty or other cause not due to the misuse or neglect by Tenant and/or Tenant, Tenant's agents, servants, visitors or licensees, excepted. Tenant need not be responsible for damage covered by Landlord's insurance’s Agents. All other property properly of Tenant remaining on the Premises after the last day of the term of this Lease shall Term will be conclusively deemed abandoned and may be removed and discarded or stored at Tenant’s risk by Landlord, and Tenant shall reimburse 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”. For purposes hereof, “non-standard office improvements” shall mean raised flooring, interior staircases, vaults, elevators, modifications to the Building’s utility and mechanical systems and unusual configuration for first class office space. Tenant shall repair any damage to the Premises resulting from such removal. Tenant is responsible for alt costs related to the repair and maintenance of any additional or supplemental HVAC systems, appliances and equipment serving exclusively the Premises or installed to meet Tenant’s specific requirements. Tenant will purchase and 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 may have any such property stored at Tenant's risk and expensefor its approval prior to signing it.
Appears in 1 contract
Samples: Short Form Lease (Ophthotech Corp.)
CARE AND REPAIR OF PREMISES. Tenant shall will not commit no any act of waste that damages the Premises or Building and shall will take good care of the Premises and the fixtures and appurtenances thereinPremises, and shall, in will comply with all Legal Requirements affecting the Premises or the Tenant’s use and and/or 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 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 a the repair has been made necessary by misuse or neglect by Tenant or Tenant's ’s agents, servantsemployees, contractors, invitees, visitors or licensees not covered (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 insuranceLandlord to complete such repairs. All improvements made by Tenant prior to or after the Premises, commencement of the Term which are so attached to the Premises that they cannot be removed without material injury to the Premises shall will, at Landlord’s option, become the property of Landlord upon installationthe expiration or sooner termination of this Lease. Not later than the last day of the termTerm, Tenant shallwill, at Tenant's ’s expense, remove from the Building all of Tenant's ’s personal property and, at Tenant's option, and those improvements made by Tenant which have Landlord has not become the property of elected by notice to Tenant to retain as Landlord’s property, including as well as all trade fixtures, fixtures (other than built-in cabinet work), movable panelingmoveable partitions, 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 property, improvements, wiring and improvementsthe like; cap or terminate all 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 termTerm, except for reasonable wear and damage by fire, the elements, casualty, casualty or other cause not due to the misuse or neglect by Tenant and/or Tenant, Tenant's agents, servants, visitors or licensees, excepted. Tenant need not be responsible for damage covered by Landlord's insurance’s Agents. All other property of Tenant remaining on the Premises after the last day of the term of this Lease shall Term will be conclusively deemed abandoned and may be removed and discarded or stored at Tenant’s risk by Landlord, and Tenant shall reimburse 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”. For purposes hereof, “non-standard office improvements” shall mean raised flooring, interior staircases, vaults, elevators, modifications to the Building’s utility and mechanical systems and unusual configuration for first class office space. Tenant shall repair any damage to the Premises resulting from such removal. Tenant is responsible for all costs related to the repair and maintenance of any additional or supplemental HVAC systems, appliances and equipment serving exclusively the Premises or installed to meet Tenant’s specific requirements. Tenant will purchase and 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 may have any such property stored at Tenant's risk and expensefor its approval prior to signing it.
Appears in 1 contract
Samples: Lease Agreement (Intelligroup Inc)
CARE AND REPAIR OF PREMISES. Tenant shall ENVIRONMENTAL. Lessee covenants to commit no act of waste and shall to take good care of the Premises and the fixtures and appurtenances therein, and shall, in the use and occupancy of the Premises, conform to comply with all present and future laws, orders and regulations of the federal, state, county state and municipal governments or any of their departmentsdepartments 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. Landlord Lessor shall, at Lessee's expense, make all necessary repairs to the Premises. Lessor shall make all necessary repairs to the PremisesCommon Facilities and to the parking areas, if any, the same to be included as an Operating Cost, except where a the repair has been made necessary by misuse by Lessee or neglect by Tenant or TenantLessee's agents, servants, visitors or licensees not covered by insurancelicensees, 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 Tenant Lessee to the Premises, which are so attached to the Premises that they cannot be removed without material injury to the Premises Premises, shall become the property of Landlord Lessor upon installation. Not later than the last day of the termTerm, Tenant Lessee shall, at TenantLessee's expense, remove all of TenantLessee's personal property and, at Tenant's option, and those improvements made by Tenant Lessee which have not become the property of LandlordLessor, including trade fixtures, cabinet workcabinetwork, 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 termTerm, reasonable wear and damage by fire, the elements, casualty, or other cause not due to the misuse or neglect by TenantLessee, TenantLessee's agents, servants, visitors or licensees, licensees excepted. Tenant need not be responsible for damage covered by Landlord's insurance. All other property of Tenant Lessee remaining on the Premises after the last day of the term Term of this Lease shall be conclusively deemed abandoned and may be removed by LandlordLessor, and Tenant Lessee shall reimburse Landlord Lessor for the cost of such removal. Landlord Lessor may have any such property stored at TenantLessee'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 but not limited to the provisions of ISRA, as hereinafter defined. Lessee shall comply with any and all such laws, rules and regulations. 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 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 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 contrary, Lessee shall be permitted to keep small quantities of normal office supplies which may be included as Hazardous Substances such as cleaning supplies and copier supplies, provided the same are properly stored, handled and disposed of in 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, then the Lessor shall treat the Lessee as one who has not removed at the end of its Term, and thereupon be entitled to all 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 hold harmless the Lessor and each mortgagee of the Premises from and against any and all liabilities, damages, claims, losses, judgments, causes of action, costs and expenses (including the reasonable fees and expenses of counsel) which may be incurred by the Lessor or any such mortgagee relating to or arising out of any breach by Lessee of the undertakings set forth in this Section, said indemnity to survive the Lease expiration or sooner termination. Notwithstanding anything contained herein to the contrary, Lessee shall 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 Demised Premises prior to the Commencement Date of this Lease to the extent Lessee has not exacerbated any such pre-existing condition. Lessee agrees to notify Lessor immediately upon the discovery of any such pre-existing Hazardous Substance or environmental condition.
Appears in 1 contract
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 Premisespremises, conform to comply with all applicable laws, orders and regulations of the federal, state, county state and municipal governments or any of their departments. Landlord ; Lessor shall make all necessary repairs to the Premises, except where a including without limitation, all plumbing, electrical, HVAC and other systems servicing the Premises, common facilities and to the assigned parking areas, if any. In the event that the repair has been made necessary by misuse or neglect by Tenant Lessee or TenantLessee's agents, servants, visitors or licensees not licensees, Lessor shall nevertheless make the repair. Except to the extent covered by insurancethe waiver of subrogation expressed in Paragraph 10 of this Lease, Leasee shall pay to Lessor, as additional rent, immediately upon demand, the costs therefor. All improvements made by Tenant Lessee to the Premises, which are so attached to the Premises that they cannot be removed without material injury to the Premises Premises, shall become the property of Landlord Lessor, upon installation. Not later than the last day of the term, Tenant Lessee shall, at TenantLessee's expense, remove all of TenantLessee's personal property and, at Tenant's option, and those improvements made by Tenant Lessee which have not become the property of LandlordLessor, including trade fixtures, cabinet work, movable moveable paneling, partitions and the like; repair all injury done by or in connection with the installation or removal of said property and improvements; 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, casualty or other cause not due to the misuse or neglect by TenantLessee, TenantLessee's agents, servants, visitors or licensees, licensees excepted. Tenant need not be responsible for damage covered by Landlord's insurance. All other property of Tenant Lessee remaining on the Premises ten (10) days after the last day of the term of this Lease shall be conclusively deemed abandoned and may be removed by LandlordLessor, and Tenant Lessee shall reimburse Landlord Lessor for the cost of such removal. Landlord Lessor may have any such property stored at TenantLessee's risk and expense.
Appears in 1 contract
CARE AND REPAIR OF PREMISES. Tenant shall, at all times throughout the terms of this Lease, 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 commit no act arrange its own trash removal. Tenant's obligations extend to the entirety of waste the Property and shall take good care 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 and appurtenances thereinor other property or to Tenant's business by reason thereof (except that Landlord shall be liable for its own negligence or willful misconduct), and shallupon 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 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 departmentsxxxx 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, and if necessary or required by proper governmental authority, make all necessary repairs to the Premisesmodifications or replacements thereof, except where a repair has been made that Landlord shall not be required to make any such repairs, modifications or replacements which become necessary or desirable by misuse reason of the negligence or neglect by Tenant or willful misconduct of Tenant's , its agents, servantsservants or employees, visitors by reason of anyone illegally entering or licensees not covered by insurance. All improvements made by Tenant to upon the Premises, which are so attached repairs, modifications or replacements shall be made by Tenant at its sole expense. Landlord shall also remedy, at Landlord's sole expense, any latent defects in the Building and the Tenant Improvements, as well as any damage to the Premises that they cannot be removed without material injury 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 Premises extent the same were not constructed in accordance with the terms of this Lease or applicable law. Notwithstanding the foregoing, Landlord shall become the property of Landlord upon installation. Not later than the last day of the termhave no liability under this paragraph for any repair, Tenant shall, at Tenant's expense, remove all maintenance or replacement required because of Tenant's personal property andown design error, at and nothing in this paragraph will alter Tenant's optionobligation to pay Operating Costs to Landlord under paragraph 4 even though this paragraph may impose on Landlord the obligation of performing the necessary maintenance, those improvements made by Tenant which have not become the 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 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 expensereplacement.
Appears in 1 contract
Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)
CARE AND REPAIR OF PREMISES. Tenant shall commit no act will, at all times throughout the Term of waste Lease and shall take good care any extensions, and at its sole expense, keep and maintain the Premises in a clean, safe and sanitary condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Tenant’s obligations hereunder will include without limitation, the maintenance, repair, replacement, if necessary of all interior walls, partitions, doors and windows, all exterior entrances, windows, doors and docks, the replacement of all broken glass, of any fixture/equipment/component of heating, ventilation, air conditioning (“HVAC”) systems, all lighting systems, plumbing systems and electrical systems. In the event that an HVAC rooftop unit or ceiling hung unit heater requires replacement, the cost of such replacement will be shared between Landlord and Tenant, Tenant’s share to be based on a ratio of the time 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. 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” will include replacements, and all such repairs or replacements made by the Tenant will be of equal quality to the original equipment or work. Tenant will keep and maintain all portions of the Premises and the sidewalk, parking areas and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, regardless of any CAM performed by Landlord. Tenant will maintain a minimum temperature in the Premises of 40 degrees during the Lease Term. If Tenant fails, refuses or neglects to maintain or repair the Premises as required in this Lease after notice has been given Tenant, in accordance with Article 16.0 of this Lease, Landlord may make such repairs or replacements without liability to Landlord for any loss or damage that may accrue to Tenant’s merchandise, fixtures and appurtenances thereinor other property or to Tenant’s business by reason thereof, and shallupon completion thereof, Tenant will pay to Landlord all costs plus 15% for overhead incurred by Landlord in making such repairs or replacements. Landlord will repair, at its expense, the structural portions of the Building, unless such repairs are required as a result of the acts of Tenant, its employs, agents, assigns or invitees, in which case 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 costs thereof will be borne by Tenant or Tenant's agents, servants, visitors or licensees not covered by insurance. All improvements made and payable 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 of Tenant's personal property and, at Tenant's option, those improvements made by Tenant which have not become the 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 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.
Appears in 1 contract
Samples: Commercial Lease (Aetrium Inc)
CARE AND REPAIR OF PREMISES. Tenant shall commit no act will, at all times throughout the Term of waste Lease and shall take good care 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 will include without limitation, the maintenance, repair, replacement, if necessary of all fixtures, interior walls, partitions, doors and windows, all exterior entrances, windows, doors and docks, 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 electrical systems. With the exception of HVAC equipment, when used in this provision, the term "repairs" includes replacements, and all such repairs or replacements made by the Tenant will be of equal quality to the original equipment or work. The Tenant will keep and maintain all portions of the Premises and the sidewalk and areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, regardless of any CAM performed by Landlord. Tenant will maintain a minimum temperature in the Premises of 40 degrees during the Term of Lease. If Tenant fails, refuses or neglects to maintain or repair the Premises as required in this Lease after notice has been given Tenant, in accordance with Article 17.0 of this Lease, Landlord may make such repairs or replacements without liability to Landlord for any loss or damage that may accrue to Tenant’s merchandise, fixtures and appurtenances thereinor other property or to Tenant’s business by reason thereof, and shallupon completion thereof, Tenant will pay to Landlord all costs plus 15% for overhead incurred by Landlord in making such repairs or replacements. Landlord will repair, at its expense, the structural portions of the Building, unless such repairs are required as a result of the acts of Tenant, its employs, agents, assigns or invitees, the costs thereof will be borne by Tenant and payable by Tenant to Landlord. The Landlord will be responsible for all outside maintenance of the Premises, including grounds and parking areas. All such maintenance which is the responsibility of the Landlord will be provided as reasonably necessary to the comfortable 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 PremisesPremises during business hours, except where a repair has been made necessary by misuse or neglect by Tenant or Tenant's agentsSundays and holidays, servants, visitors or licensees not covered by insurance. All improvements made by Tenant to upon the Premises, which are so attached to condition that the Premises that they canLandlord will not 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 of Tenant's personal property and, at Tenant's option, those improvements made by Tenant which have not become the 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 liable for damages for its performance 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 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 expensecauses beyond its control.
Appears in 1 contract
Samples: Commercial Lease (Aetrium Inc)
CARE AND REPAIR OF PREMISES. Tenant shall Lessee covenants to commit no act of waste and shall to take good care of the Premises premises and the fixtures and appurtenances therein, and shall, shall in the use and occupancy of the Premises, conform to premises comply with all laws, orders and regulations of the federal, state, county state and municipal governments or any of their departments. Landlord shall 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 necessary repairs to the Premisescommon facilities and to the parking areas, if any, the same to be included as an operating cost except where a the repair has been made necessary by misuse or neglect by Tenant Lessee or TenantLessee's agents, servants, visitors of licensees, in which event Lessor shall nevertheless make the repair, but Lessor shall pay to Lessor as additional rent, immediately upon demand, the costs therefor. Lessee, at its sole cost and expense, shall have the right to contest any order or licensees regulation and shall not covered by insurancebe required to comply with any such order or regulation until a final non-appealable decision is rendered. All improvements made by Tenant Lessee to the Premises, premises which are so attached to the Premises premises that they cannot be removed without material injury to the Premises premises, shall become the property of Landlord Lessor upon installation. Not later than the last day of the term, Tenant Lessee shall, at TenantLessee's expense, remove all of TenantLessee's personal property and, at Tenant's option, and those improvements made by Tenant Lessee which have not become the property of Landlord, Lessor including trade fixtures, cabinet work, movable paneling, partitions 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 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 TenantLessee, TenantLessee's agents, servants, visitors visitors, or licensees, licensees excepted. Tenant need not be responsible for damage covered by Landlord's insurance. All other property of Tenant Lessee remaining on the Premises premises after the last day of the term of this the Lease shall be conclusively deemed abandoned and may be removed by LandlordLessor, and Tenant Lessee shall reimburse Landlord Lessor for the cost of such removal. Landlord Lessor may have any such property stored at TenantLessee's risk and expense. With respect to the common facilities and parking area, Lessee shall be responsible for any damage which is not covered by insurance caused by visitors and/or licenses.
Appears in 1 contract
CARE AND REPAIR OF PREMISES. Tenant shall, at all times throughout the Lease Term, 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 commit no act arrange its own trash removal. Tenant's obligations shall include, but not be limited to, the maintenance, repair, and replacement, if necessary, of waste 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 take good care 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 and appurtenances thereinor other property or to Tenant's business by reason thereof (except that Landlord shall be liable for its own negligence or willful misconduct), and shallupon 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 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 departmentsxxxx 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, and if necessary or required by proper governmental authority, make all necessary repairs to the Premisesmodifications or replacements thereof, except where a repair has been made that Landlord shall not be required to make any such repairs, modifications or replacements which become necessary or desirable by misuse reason of the negligence or neglect by Tenant or willful misconduct of Tenant's , its agents, servantsservants or employees, visitors by reason of anyone illegally entering or licensees not covered by insurance. All improvements made by Tenant to upon the Premises, which are so attached to the Premises that they cannot repairs, modifications or replacements shall 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 of Tenant's personal property and, at Tenant's option, those improvements made by Tenant which have not become the property of at its sole expense. Landlord shall also remedy, at Landlord's sole expense, including trade fixtures, cabinet work, movable paneling, partitions and the like; repair all injury done by or any latent defects in connection with the installation or removal of said property and improvements; and surrender the Premises in as good condition as they were existing at the beginning of the term, reasonable wear and Lease Term as well as damage by fire, the elements, casualty, or other cause not due to the misuse Premises caused by the willful act or neglect by Tenant, Tenant's negligence of Landlord or its agents, servants, visitors ; Landlord shall also repair any defects or licensees, excepted. Tenant need failures in building systems to the extent the same were not be responsible for damage covered by Landlord's insurance. All other property of Tenant remaining on constructed in accordance with the Premises after the last day of the term terms of this Lease or applicable law. Notwithstanding the foregoing, Landlord shall be conclusively deemed abandoned and may be removed by Landlordhave no liability under this paragraph for any repair, maintenance or replacement required because of Tenant's own design error, and Tenant shall reimburse Landlord for the cost of such removal. Landlord may have any such property stored at nothing in this paragraph will alter Tenant's risk and expenseobligation 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 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 Tenant shall make all necessary repairs to the Premises, except where a repair has been made necessary by misuse or neglect by Tenant Landlord or TenantLandlord'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 of Tenant's personal property and, at Tenant's option, those improvements made by Tenant which have not become the 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 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.
Appears in 1 contract
CARE AND REPAIR OF PREMISES. Tenant shall, at all times throughout the Lease Term, 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 commit no act arrange its own trash removal. Tenant's obligations shall include, but not be limited to, the maintenance, repair, and replacement, if necessary, of waste 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 take good care 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 and appurtenances thereinor other property or to Tenant's business by reason thereof (except that Landlord shall be liable for its own negligence or willful misconduct), and shallupon 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 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 departmentsxxxx 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, and if necessary or required by proper governmental authority, make all necessary repairs to the Premisesmodifications or replacements thereof, except where a repair has been made that Landlord shall not be required to make any such repairs, modifications or replacements which become necessary or desirable by misuse reason of the negligence or neglect by Tenant or willful misconduct of Tenant's , its agents, servantsservants or employees, visitors by reason of anyone illegally entering or licensees not covered by insurance. All improvements made by Tenant to upon the Premises, which are so attached to the Premises that they cannot repairs, modifications or replacements shall 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 of Tenant's personal property and, at Tenant's option, those improvements made by Tenant which have not become the property of at its sole expense. Landlord shall also remedy, at Landlord's sole expense, including trade fixtures, cabinet work, movable paneling, partitions and the like; repair all injury done by or any latent defects in connection with the installation or removal of said property and improvements; and surrender the Premises in as good condition as they were existing at the beginning of the term, reasonable wear and Lease Term as well as damage by fire, the elements, casualty, or other cause not due to the misuse Premises caused by the willful act or neglect by Tenant, Tenant's negligence of Landlord or its agents, servants, visitors ; Landlord shall also repair any defects or licensees, excepted. Tenant need failures in building systems to the extent the same were not be responsible for damage covered by Landlord's insurance. All other property of Tenant remaining on constructed in accordance with the Premises after the last day of the term terms of this Lease or applicable law. Notwithstanding the foregoing, Landlord shall be conclusively deemed abandoned and may be removed by Landlordhave no liability under this paragraph for any repair, maintenance or replacement required because of Tenant's own design error, and Tenant shall reimburse Landlord for the cost of such removal. Landlord may have any such property stored at nothing in this paragraph will alter Tenant's risk and expenseobligation 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 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, county state and municipal governments or any of their departmentsdepartments 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. Landlord shall 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 a the repair has been made necessary by misuse or neglect by Tenant the Lessee or Tenant's Lessee’s agents, servants, visitors or licensees not covered by insurancelicensees, 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 Tenant Lessee to the Premises, which are so attached to the Premises that they cannot be removed without material injury to the Premises Premises, shall become the property of Landlord Lessor upon installation. Not later than the last day of the termTerm, Tenant Lessee shall, at Tenant's Lessee’s expense, remove all of Tenant's Lessee’s personal property and, at Tenant's option, and those improvements made by Tenant Lessee which have not become the property of Landlord, Lessor: including trade fixtures, cabinet work, 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 termCommencement Date, reasonable wear and wear, damage by fire, the elements, casualty, casualty or other cause not due to the misuse or neglect by TenantLessee, Tenant's Lessee’s agents, servants, visitors or licensees, licensees excepted. Tenant need not be responsible for damage covered by Landlord's insurance. All other property of Tenant Lessee remaining on the Premises after the last day of the term Term of this Lease shall be conclusively deemed abandoned and may be removed by LandlordLessor, and Tenant Lessee shall reimburse Landlord Lessor for the cost of such removal. Landlord Lessor may have any such property stored at TenantLessee's risk and expense.
Appears in 1 contract
Samples: Lease Agreement (Silicom Ltd.)
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 all times throughout the Term, including all renewals and extensions, and at its sole expense, remove all of Tenant's personal property and, at Tenant's option, those improvements made by Tenant which have not become keep and maintain the property of Landlord, including trade fixtures, cabinet work, movable paneling, partitions interior and the like; repair all injury done by or in connection with exterior of the installation or removal Building and the rest of said property and improvements; and surrender the Premises in as good repair and in a clean, safe, orderly, sanitary and first class condition as they were at the beginning in compliance with all applicable laws, codes, ordinances, rules and regulations, free of the term, reasonable wear any accumulation of dirt 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 shall be conclusively deemed abandoned and may be removed by Landlordrubbish, and Tenant shall reimburse Landlord 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, parking lot and driveways located on the Premises (including periodic resurfacing as needed), sidewalks, loading docks and exterior light fixtures, landscaping, 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 exterior 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 (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 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 cost routine and ordinary service and maintenance of such removalthe roof including reasonable preventive care, but excluding Capital Repairs. Landlord may have any such property stored at Tenant's risk and expense.The term "
Appears in 1 contract
Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)
CARE AND REPAIR OF PREMISES. Tenant (a) Lessor shall commit no act maintain and repair the common areas, the roof, the exterior walls and glass and the structural elements of waste the Building, including existing electrical, H.VA.C. or approved items in paragraph 8, ALTERATIONS, ADDITIONS OR IMPROVEMENTS provided, however, all damage or injury to the Building, or to the fixtures, equipment and shall take good care appurtenances located therein, whether requiring structure or nonstructural repairs, caused by or resulting from Lessee's use or occupancy of the Premises shall be repaired at Lessee's sole cost and expense. Lessor and Lessor's agents, employees and contractors shall have the right to enter the Premises at such times as Lessor deems necessary to inspect and examine the same and to make such repairs, additions alterations and improvements as lessor desires to make to the Building. Lessor shall have the right to take any and all needed materials into and through the Premises that may be required to perform such repairs, additions, alterations and improvements without being liable to lessee, unless done in a manner which constitutes gross negligence or willful misconduct. Lessor shall use reasonable efforts not to interfere with the lessee's use or occupancy of premises. Rent shall not abatx xxxing any period when Lessor shall be performing any work in or about the Building necessitated by Lessee's negligence, or otherwise. Lessee waives any claim or cause of action against Lessor for damages by reason of loss or interruption to Lessee's business and profits due to such work.
(b) Lessee shall, at Lessee's sole cost and expense, keep the Premises in good repair and condition and replace any and all broken glass in the Premises with glass of the same quality and size, unless such repairs are occasioned by the Lessor's gross negligence or willful misconduct. Lessee shall be responsible for complying with all federal, state or local laws relating to the Premises and its use thereof, including but not limited to the Americans with Disabilities Act ("ADA") and the fixtures Occupational Health and appurtenances thereinSafety Act ("OSHA"). Lessee shall indemnify and save Lessor harmless from and against any loss, cost or expense in connection with damage to the Building caused by or attributable to Lessee's failure to keep the Premises in good repair and shall, in the condition or due to Lessee's use and or occupancy of the Premisessame, conform normal wear and tear excepted.
(c) All alterations, additions and improvements to all lawsthe Premises made by Lessor or Lessee, orders whether temporary or permanent in character, shall be Lessor's property, without compensation or payment to Lessee, and regulations shall remain upon the Premises at the termination of the federalLease, stateunless Lessor requires the removal of such alterations, county additions or improvements by written notice to Lessee within fifteen (15) days after the termination of the Lease. Notwithstanding the foregoing, so long as the lease remains in effect and municipal governments or any of their departments. Landlord shall make Lessee is not in default hereunder, Lessee may remove all necessary repairs moveable personal property, business and fixtures, furniture and equipment which is not attached to the Premises, except where a repair has been made necessary provided Lessee repairs any damage caused 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. such removal.
(d) Not later than the last final day of the termTerm, Tenant Lessee shall, at TenantLessee's sole cost and expense, remove all of Tenant's personal property andwhich Lessee shall have the right to remove, at Tenant's optionpursuant to paragraph (c) above, those improvements made by Tenant which have not become from the property of Landlord, including trade fixtures, cabinet work, movable paneling, partitions Premises and the like; repair all injury done by or to the Building in connection with the installation or Lessee's removal of said property and improvements; and the same. Lessee shall surrender the Premises in as good condition as they the Premises were in at the beginning commencement of the termTerm, reasonable wear and tear and damage by fire, the elements, casualty, casualty or other cause not due to the misuse act or neglect by Tenant, Tenantomission of Lessee or Lessee's agents, servants, visitors or licensees, licensees excepted. Tenant need not be responsible for damage covered by Landlord's insurance. All other property of Tenant Lessee remaining on the Premises after the last final day of the term of this Lease Term shall be conclusively deemed abandoned and may be removed by Landlord, Lessor; and Tenant Lessee shall reimburse Landlord Lessor for the cost of such removal. Landlord Lessor may have any such store property stored so removed at TenantLessee's risk sole cost, expense and expenserisk, for a period of up to thirty (30) days.
Appears in 1 contract
Samples: Lease (Marketwatch Com Inc)
CARE AND REPAIR OF PREMISES. Tenant ENVIRONMENTAL: -----------------------------------------
(a) 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, county state and municipal governments or any of their departmentsdepartments 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. Landlord shall 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 a the repair has been made necessary by misuse or neglect by Tenant Lessee or TenantLessee's agents, servants, visitors or licensees not covered by insurancelicensees, 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 Tenant Lessee to the Premises, which are so attached to the Premises that they cannot be removed without material injury to the Premises Premises, shall become the property of Landlord Lessor upon installation. Not later than the last day of the termTerm, Tenant Lessee shall, at TenantLessee's expense, remove all of TenantLessee's personal property and, at Tenant's option, and those improvements made by Tenant Lessee which have not become the property of LandlordLessor, including trade fixtures, cabinet workcabinetwork, 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 termTerm, reasonable wear and tear and damage by fire, the elements, casualty, casualty or other cause not due to the misuse or neglect by TenantLessee, TenantLessee's agents, servants, visitors or licensees, licensees excepted. Tenant need not be responsible for damage covered by Landlord's insurance. All other property of Tenant Lessee remaining on the Premises after the last day of the term Term of this Lease shall be conclusively deemed abandoned and may be removed by LandlordLessor, and Tenant Lessee shall reimburse Landlord Lessor for the cost of such removal. Landlord Lessor may have any such property stored at TenantLessee's risk and expense.. ENVIRONMENTAL -------------
Appears in 1 contract
Samples: Lease Agreement (American Business Financial Services Inc /De/)
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, county state and municipal governments or any of their departmentsdepartments 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. Landlord shall 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 a the repair has been made necessary by misuse or neglect by Tenant Lessee or TenantLessee's agents, servants, visitors or licensees not covered by insurancelicensees, 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 Tenant Lessee to the Premises, which are so attached to the Premises that they cannot be removed without material injury to the Premises Premises, shall become the property of Landlord Lessor upon installation. Not later than the last day of the termTerm, Tenant Lessee shall, at TenantLessee's expense, remove all of TenantLessee's personal property and, at Tenant's option, and those improvements made by Tenant Lessee which have not become the property of LandlordLessor, including trade fixtures, cabinet workcabinetwork, 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 same condition as they were at the beginning of the termTerm, reasonable wear and damage by fire, the elements, casualty, casualty or other cause not due to the misuse or neglect by TenantLessee, TenantLessee's agents, servants, visitors or licensees, licensees excepted. Tenant need not be responsible for damage covered by Landlord's insurance. All other property of Tenant Lessee remaining on the Premises after the last day of the term Term of this Lease shall be conclusively deemed abandoned and may be removed by LandlordLessor, and Tenant Lessee shall reimburse Landlord Lessor for the cost of such removal. Landlord Lessor may have any such property stored at TenantLessee's risk and expense. Lessee shall not generate, 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 hold Lessor harmless against any and all loss, cost, damage, liability or expense (including without limitation, attorney's fees, 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 presence of any Hazardous Materials in the Premises, Building or Office Building Area which existed, prior to the Commencement Date, unless caused by the acts or omissions of Lessee, its employees, agents or contractors.
Appears in 1 contract
CARE AND REPAIR OF PREMISES. Tenant shall commit no act shall, at all times throughout the term of waste this Lease, including renewals and shall take good care extension, and at its sole expense, keep and maintain the Premises in a clean, safe, sanitary and first class condition, subject to reasonable wear and tear, and in compliance with all applicable laws, codes, ordinances, rules and regulations 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 heating, air conditioning fixtures, equipment, and systems, all lighting and plumbing fixtures and appurtenances thereinequipment, fixtures, motors and machinery, all interior walls and doors of the trash enclosure, partitions, doors and windows, including the regular painting thereof, all exterior entrances, windows, doors and docks and the replacement of all broken glass, and shallall interior walls, to the extent any of the foregoing 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 in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. If Tenant fails, refuses or neglects to maintain or repair the Demised Premises as required in this Lease within a reasonable time after notice shall have been given Tenant, in accordance with Article 33 of this Lease, 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, 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 xxxx 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, 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 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 PremisesPremises during business hours, except where a repair has been made necessary by misuse or neglect by Tenant or Tenant's agentsSaturdays, servantsSundays and holidays, 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 of Tenant's personal property and, at Tenant's option, those improvements made by Tenant which have not become the property of Landlord, including trade fixtures, cabinet work, movable paneling, partitions and the like; repair all injury done by or in connection accordance with the installation or removal standards 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 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 expensefirst class office/warehouse buildings.
Appears in 1 contract
Samples: Commercial Lease (Ciprico Inc)
CARE AND REPAIR OF PREMISES. Tenant shall will not commit no any act of waste that damages the Premises or Building and shall will take good care of the Premises and the fixtures and appurtenances thereinPremises, and shall, in will comply with all Legal Requirements affecting the Premises or the Tenant's use and and/or 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 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 a the repair has been made necessary by misuse or neglect by Tenant or Tenant's agents, servantsemployees, 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 covered by insurancebe included in Operating Costs. All improvements made by Tenant prior to or after the Premises, commencement of the Term which are so attached to the Premises that they cannot be removed without material injury to the Premises shall will, at Landlord's option, become the property of Landlord upon installationthe expiration or sooner termination of this Lease. Not later than the last day of the termTerm, Tenant shallwill, at Tenant's expense, remove from the Building all of Tenant's personal property and, at Tenant's option, and those improvements made by Tenant which have Landlord has not become the property of elected by notice to Tenant to retain as Landlord's property, including as well as all trade fixtures, fixtures (other than built-in cabinet work), movable panelingmoveable partitions, 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 property, improvements, wiring and improvementsthe like; cap or terminate all 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 termTerm, except for reasonable wear and damage by fire, the elements, casualty, casualty or other cause not due to the misuse or neglect by Tenant, Tenant and/or Tenant's agents, servants, visitors or licensees, excepted. Tenant need not be responsible for damage covered by Landlord's insuranceAgents. All other property of Tenant remaining on the Premises after the last day of the term of this Lease shall Term will be conclusively deemed abandoned and may be removed and discarded or stored at Tenant's risk by Landlord, and Tenant shall reimburse will pay Landlord for the cost of such removal, discarding and/or storage. Landlord may have any such property stored at Tenant's risk and expense.Notwithstanding anything contained herein to the contrary, Tenant shall remove all installations that are "non-standard office improvements". For purposes hereof, "non-standard
Appears in 1 contract
