Common use of CARE OF DEMISED PREMISES Clause in Contracts

CARE OF DEMISED PREMISES. a. Tenant shall act with care in its use and occupancy of the Premises and the fixtures (and all Tenant's improvements and fixtures) therein and, at Tenant's sole cost and expense and to the satisfaction of the Owner, shall make all repairs and replacements to the Premises and the fixtures and the Building, structural or otherwise, necessitated or occasioned by the acts, omissions, carelessness, negligence of other cause of Tenant, its servants, employees, agents, visitors or licensees or any person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy of the Premises by Tenant or any such person. Ordinary maintenance items on the Premises shall be maintained or repaired as the need arises at the expense of the owner. Tenant, at Tenant's sole cost and expense, shall make all repairs and replacements to Tenant's special installations, if any. All such aforesaid repairs, restoration and replacements shall be in quality and class equal to the original work or installation. Regarding the Tenant's need to make repairs or replacements to any Structural, Mechanical, Electrical, HVAC, or surface treatment of walls, floors, and ceilings, Tenant shall notify Owner, who reserves the right to perform such work and charge back the Tenant. b. Except as otherwise provided in paragraph (a) of this Article, Owner shall make the following repairs as and when necessary; (i) major structural repairs to the Premises and Building; (ii) repairs required in order to provide the elevator, plumbing, electrical, heating and air conditioning services to be furnished by Owner pursuant to this Lease; and (iii) repairs to exterior portions of the Building, including the 2nd and 3rd story windows and roof thereof. c. All personal property of the Tenant or special installations in the Premises or in the Building shall be at the sole risk of the Tenant and the Tenant shall, through the term of this Lease, keep same insured against all loss or damage by fire or other casualty. The Owner shall not be liable for any injury or damage to Tenant or its employees, invitees, occupants or persons in or on the Premises or to the property of Tenant resulting from the use of the heating, cooling, electrical or plumbing apparatus or any other cause, and Owner shall not, in any event, be liable for damages or injury resulting from water, steam or other causes, except in the case of Owner's negligence or willful misconduct. Tenant hereby expressly releases Owner from any liability incurred or claimed by reason of such damage or injury. d. The Owner assumes no liability or responsibility whatsoever with respect to the conduct and operation of the business to be conducted in the Premises. The Owner shall not be liable for any accident or injury to any person or persons or property in or about the Premises which are caused by the conduct and operation of said business or by virtue of equipment or property of the Tenant in said Premises. The Tenant agrees to defend and hold the Owner harmless against all such claims. e. The Owner agrees to keep all common areas of the leasehold Premises reasonably clean and free from debris at its expense.

Appears in 2 contracts

Samples: Lease Agreement (Bottomline Technologies Inc /De/), Lease Agreement (Bottomline Technologies Inc /De/)

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CARE OF DEMISED PREMISES. a. Tenant shall act agrees, on behalf of itself, its employees and agents, that it shall: (A) Comply at all times with care in any and all Federal, state, and local statutes, regulations, ordinances, and other requirements of any of the constituted public authorities relating solely to its use and occupancy of the Demised Premises and only with respect to the fixtures non-structural elements thereof. (B) Give Landlord access to the Demised Premises at all reasonable times, without charge or diminution of rent, to enable Landlord (i) to examine the same and all to make such repairs, additions and alterations as Landlord may be permitted to make hereunder or as Landlord may deem advisable for the preservation of the integrity, safety and good order of the Building or any part thereof; and (ii) upon reasonable notice, to show the Demised Premises to prospective mortgagees and purchasers and, during the six (6) months prior to expiration of the term, to prospective tenants; provided, however, Landlord shall use best efforts not to interfere with Tenant's improvements manufacturing and fixturesbusiness operations with respect to Landlord's conduct under this sub-section. (C) therein and, at Tenant's sole cost Keep the Demised Premises in good order and expense condition and to the satisfaction of the Owner, shall make replace all repairs and replacements to the Premises and the fixtures and the Building, structural or otherwise, necessitated or occasioned glass broken by the acts, omissions, carelessness, negligence of other cause of Tenant, its servants, employees, agents, visitors employees or licensees or invitees with glass of the same quality as that broken, except for glass broken by fire and extended coverage type risks, and commit no waste in the Demised Premises; (D) Upon the termination of this Lease in any manner whatsoever, remove Tenant's goods effects and those of any other person claiming through or under Tenant or by Tenant, and quit and deliver up the use or occupancy or manner of use or occupancy of the Demised Premises by Tenant or any such person. Ordinary maintenance items on the Premises shall be maintained or repaired to Landlord peaceably and quietly in as the need arises good order and condition at the expense inception of the owner. Tenant, at Tenant's sole cost and expense, shall make all repairs and replacements to Tenant's special installations, if any. All such aforesaid repairs, restoration and replacements shall be in quality and class equal to the original work or installation. Regarding the Tenant's need to make repairs or replacements to any Structural, Mechanical, Electrical, HVAC, or surface treatment of walls, floors, and ceilings, Tenant shall notify Owner, who reserves the right to perform such work and charge back the Tenant. b. Except as otherwise provided in paragraph (a) of this Article, Owner shall make the following repairs as and when necessary; (i) major structural repairs to the Premises and Building; (ii) repairs required in order to provide the elevator, plumbing, electrical, heating and air conditioning services to be furnished by Owner pursuant to this Lease; and (iii) repairs to exterior portions of the Building, including the 2nd and 3rd story windows and roof thereof. c. All personal property of the Tenant or special installations in the Premises or in the Building shall be at the sole risk of the Tenant and the Tenant shall, through the term of this Lease or as the same hereafter may be improved by Landlord or Tenant, reasonable use and wear thereof, damage from fire and extended coverage type risks, and repairs which are Landlord's obligation excepted. Goods and effects not removed by Tenant at the termination of this Lease, keep however terminated, shall be considered abandoned and Landlord may dispose of and/or store the same insured against all loss or damage by fire or other casualty. The Owner as it deems expedient, the cost thereof to be charged to Tenant; provided, however, upon the expiration of the Lease, Tenant shall not be liable for required to repair any injury holes in the floor or damage to wall necessitated by the removal of its machinery and equipment, and Tenant or its employees, invitees, occupants or persons in or on the Premises or to the property of Tenant resulting from the use shall be permitted upon termination of the heating, cooling, electrical or plumbing apparatus or any other cause, and Owner shall not, in any event, be liable for damages or injury resulting from water, steam or other causes, except in the case of Owner's negligence or willful misconduct. Tenant hereby expressly releases Owner from any liability incurred or claimed by reason of such damage or injuryLease to remove its trade fixtures. d. The Owner assumes no liability or responsibility whatsoever with respect to the conduct and operation of the business to be conducted in the Premises. The Owner shall not be liable for any accident or injury to any person or persons or property in or about the Premises which are caused by the conduct and operation of said business or by virtue of equipment or property of the Tenant in said Premises. The Tenant agrees to defend and hold the Owner harmless against all such claims. e. The Owner agrees to keep all common areas of the leasehold Premises reasonably clean and free from debris at its expense.

Appears in 1 contract

Samples: Lease Agreement (Quad Systems Corp /De/)

CARE OF DEMISED PREMISES. a. Tenant shall act agrees, on behalf of itself, its employees and agents that it shall: (a) Comply at all times with care in its use any and occupancy all federal, state and local statutes, regulations, ordinances, and other requirements of any of the constituted public authorities and insurers insuring the Building relating to Tenant’s use, occupancy or alteration of the Demised Premises; (b) Subject to the provisions of Section 12, below, maintain, repair and replace the interior, non-structural portions of the Demised Premises so as to keep same in safe, good order and repair, as and when needed, and replace all glass broken by Tenant, its agents, employees or invitees with glass of the fixtures same quality as that broken, except for glass broken by fire and extended coverage-type risks, and commit no waste in the Demised Premises; (c) Not overload, damage or deface the Demised Premises or do any act which might make void or voidable any insurance on the Demised Premises or the Building or which may render an increased or extra premium payable for insurance (and all without prejudice to any right or remedy of Landlord regarding this subparagraph, Landlord shall have the right to collect from Tenant's improvements and fixtures, upon demand, any such increase or extra premium); (d) therein andNot make any alteration of or addition to the Demised Premises without the prior written approval of Landlord, (which approval shall not be unreasonably withheld, delayed or conditioned), except for interior, nonstructural alterations that do not exceed more than Two Dollars ($2.00) per rentable square foot of the Demised Premises in the aggregate in any one calendar year. All alterations performed in the Demised Premises by Tenant, whether or not requiring Landlord’s consent, shall be performed: (i) at Tenant's ’s sole cost and expense expense, (ii) by contractors and subcontractors approved in advance in writing by Landlord, and (iii) in a good and workmanlike manner and in accordance with all applicable laws and ordinances. Upon completion of any alterations requiring Landlord’s consent hereunder, Tenant shall pay to Landlord an amount equal to five percent (5%) of the total cost of such alterations to reimburse Landlord for review of all plans and specifications and final inspection of the work. All alterations to the satisfaction of the Owner, shall make all repairs and replacements to the Premises and the fixtures and the Building, structural or otherwise, necessitated or occasioned by the acts, omissions, carelessness, negligence of other cause of Tenant, its servants, employees, agents, visitors or licensees or any person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy of the Demised Premises by Tenant or any such person. Ordinary maintenance items on the Premises shall be maintained the property of Tenant until the expiration or repaired as earlier termination of this Lease. Upon the need arises expiration or earlier termination of this Lease, all such alterations shall remain at the expense Demised Premises and become the property of Landlord without payment by Landlord therefor. Notwithstanding the foregoing, Landlord, at Landlord’s option, shall have the right to require that any or all of such alterations be removed upon the expiration or earlier termination of the owner. Lease by providing written notice thereof to Tenant, as a condition of Landlord’s approval, in which event Tenant, at Tenant's ’s sole cost and expense, shall make all repairs remove such alterations and replacements to Tenant's special installations, if anyrepair any resulting damage. All such aforesaid repairs, restoration and replacements Nothing in this Lease shall be in quality construed to give the Landlord title to or prevent Tenant’s removal of Tenant’s trade fixtures, equipment and class equal furniture, provided that Tenant repairs any damage to the original work Demised Premises caused by such removal; (e) With the exception of the Lessee Improvements approved by Landlord, not install any equipment of any kind whatsoever which might necessitate any changes, replacements or installation. Regarding the Tenant's need to make repairs or replacements additions to any Structuralof the heating, Mechanicalventilating, Electricalair-conditioning, HVACelectric, sanitary, elevator or other systems serving the Demised Premises or any other portion of the Building, or surface treatment to any of wallsthe services required of Landlord under this Lease, floorswithout the prior written approval of Landlord, and ceilingsin the event such consent is granted, such replacements, changes or additions shall be paid for by Tenant shall notify Owner, who reserves at Tenant’s sole cost and expense; (f) Not place signs on the right to perform such work and charge back the Tenant. b. Except as otherwise provided in paragraph (a) of this Article, Owner shall make the following repairs as and when necessary; Demised Premises except for (i) major structural repairs to signs located entirely within the Demised Premises and Building; which are not visible from the exterior of the Demised Premises, (ii) repairs required a suitable identification sign on the monument sign Landlord shall erect in order the vicinity of the main entrance to provide the elevatorBuilding, plumbing, electrical, heating and air conditioning services to be furnished by Owner pursuant to this Lease; and (iii) repairs signs on doors provided that the lettering and text are approved by Landlord. In the event that signage is constructed at the entrance to exterior portions or elsewhere in the Complex that identifies the occupants of the Complex or any material part of the Complex (as opposed to the occupants of any individual building in the Complex), Tenant shall be entitled to the use of a pro rata portion (based upon rentable square footage occupied) of such signage to identify itself thereon. Attached hereto as Exhibit “B-2” is Tenant’s logo, the use of which on such monument sign, Tenant’s door and on any other sign on which the Tenant may identify itself is approved by Landlord; (g) Not install or authorize the installation of any coin operated vending machine, except for the dispensing of coffee, and similar beverages to the employees of Tenant for consumption upon the Demised Premises and except as permitted by the Building rules and regulations referred to in paragraph 10(h), below; and (h) Observe the rules and regulations annexed hereto as Exhibit “C,”, as Landlord may from time to time amend the same, for the general safety, comfort and convenience of Landlord, occupants and tenants of the Building, including the 2nd provided that such rules and 3rd story windows regulations are enforced in a non-discriminatory manner; and roof thereof. c. All personal property of the provided, further, that Tenant or special installations shall be permitted to keep mice and other laboratory animals in the Demised Premises or in the Building shall be at the sole risk of the Tenant and the Tenant shall, through the term of this Lease, keep same insured against all loss or damage by fire or other casualty. The Owner shall not be liable for any injury or damage to Tenant or its employees, invitees, occupants or persons in or on the Premises or to the property of Tenant resulting from the use of the heating, cooling, electrical or plumbing apparatus or any other cause, and Owner shall not, in any event, be liable for damages or injury resulting from water, steam or other causes, except in the case of Owner's negligence or willful misconduct. Tenant hereby expressly releases Owner from any liability incurred or claimed by reason of such damage or injury. d. The Owner assumes no liability or responsibility whatsoever connection with respect to the conduct and operation of the business to be conducted in the Premises. The Owner shall not be liable for any accident or injury to any person or persons or property in or about the Premises which are caused by the conduct and operation of said business or by virtue of equipment or property of the Tenant in said Premises. The Tenant agrees to defend and hold the Owner harmless against all such claimsits business. e. The Owner agrees to keep all common areas of the leasehold Premises reasonably clean and free from debris at its expense.

Appears in 1 contract

Samples: Lease Agreement (Avant Immunotherapeutics Inc)

CARE OF DEMISED PREMISES. a. Tenant shall act agrees, on behalf of itself, its employees and agents, that it shall: (a) Comply at all times with care in any and all federal, state and local statutes, regulations, ordinances, and other requirements of any of the constituted public authorities relating to its use and occupancy of the Demised Premises; (b) Give Landlord access to the Demised Premises at all reasonable times, without charge or diminution of rent, to enable Landlord (i) to examine the same and to make such repairs, additions and alterations as Landlord may be permitted to make hereunder or as Landlord may deem advisable for the fixtures preservation of the integrity, safety and good order of the Building or any part thereof; and (ii) upon reasonable notice, to show the Demised Premises to prospective mortgagees and all Tenant's improvements and fixtures) therein purchasers and, at Tenant's sole cost and expense and during the six (6) months prior to the satisfaction expiration of the Ownerterm, shall make to prospective tenants; (c) Keep the Demised Premises in good order and condition and replace all repairs and replacements to the Premises and the fixtures and the Building, structural or otherwise, necessitated or occasioned glass broken by the acts, omissions, carelessness, negligence of other cause of Tenant, its servants, employees, agents, visitors employees or licensees or invitees with glass of the same quality as that broken, except for glass broken by fire and extended coverage type risks, and commit no waste in the Demised Premises; (d) Upon the termination of this Lease in any manner whatsoever, remove Tenant's goods effects and those of any other person claiming through or under Tenant or by Tenant, and quit and deliver up the use or occupancy or manner of use or occupancy of the Demised Premises by Tenant or any such person. Ordinary maintenance items on the Premises shall be maintained or repaired to Landlord peaceably and quietly in as the need arises good order and condition at the expense inception of the owner. Tenant, at Tenant's sole cost and expense, shall make all repairs and replacements to Tenant's special installations, if any. All such aforesaid repairs, restoration and replacements shall be in quality and class equal to the original work or installation. Regarding the Tenant's need to make repairs or replacements to any Structural, Mechanical, Electrical, HVAC, or surface treatment of walls, floors, and ceilings, Tenant shall notify Owner, who reserves the right to perform such work and charge back the Tenant. b. Except as otherwise provided in paragraph (a) of this Article, Owner shall make the following repairs as and when necessary; (i) major structural repairs to the Premises and Building; (ii) repairs required in order to provide the elevator, plumbing, electrical, heating and air conditioning services to be furnished by Owner pursuant to this Lease; and (iii) repairs to exterior portions of the Building, including the 2nd and 3rd story windows and roof thereof. c. All personal property of the Tenant or special installations in the Premises or in the Building shall be at the sole risk of the Tenant and the Tenant shall, through the term of this Lease or as the same hereafter may be improved by Landlord or Tenant, reasonable use and wear thereof, damage from fire and extended coverage type risks, and repairs which are Landlord's obligation excepted. Goods and effects not removed by Tenant at the termination of this Lease, keep however terminated, shall be considered abandoned and Landlord may dispose of and/or store the same insured against as it deems expedient, the cost thereof to be charged to Tenant; (e) Not place signs on the Demised Premises except on doors and then only of a type and with lettering and text approved by Landlord. Identification of Tenant and Tenant's location shall be provided in a directory in the Building Lobby; (f) Not overload, damage or deface the Demised Premises or do any act which might make void or voidable any insurance on the Demised Premises or the Building or which may render an increased or extra premium payable for insurance (and without prejudice to any right or remedy of Landlord regarding this subparagraph, Landlord shall have the right to collect from Tenant, upon demand, any such increase or extra premium). Tenant shall maintain at its own sole cost adequate insurance coverage for all loss of its equipment, furniture, supplies and fixtures and provide Landlord with certificates evidencing such coverage; (g) Not make any alteration of or damage addition to the Demised Premises without the prior written approval of Landlord (except for work of a decorative nature); (h) Not install or authorize the installation of any coin operated vending machine, except for the dispensing of cigarettes, coffee, and similar items to the employees of Tenant for consumption upon the Demised Premises; and (i) Observe the rules and regulations annexed hereto as Exhibit "C", as the same may from time to time be amended by fire or other casualty. The Owner shall not be liable Landlord for any injury or damage to Tenant or its employeesthe general safety, inviteescomfort and convenience of Landlord, occupants or persons in or on the Premises or to the property of Tenant resulting from the use and tenants of the heating, cooling, electrical or plumbing apparatus or any other cause, and Owner shall not, in any event, be liable for damages or injury resulting from water, steam or other causes, except in the case of Owner's negligence or willful misconduct. Tenant hereby expressly releases Owner from any liability incurred or claimed by reason of such damage or injuryBuilding. d. The Owner assumes no liability or responsibility whatsoever with respect to the conduct and operation of the business to be conducted in the Premises. The Owner shall not be liable for any accident or injury to any person or persons or property in or about the Premises which are caused by the conduct and operation of said business or by virtue of equipment or property of the Tenant in said Premises. The Tenant agrees to defend and hold the Owner harmless against all such claims. e. The Owner agrees to keep all common areas of the leasehold Premises reasonably clean and free from debris at its expense.

Appears in 1 contract

Samples: Lease Agreement (Exe Technologies Inc)

CARE OF DEMISED PREMISES. a. Tenant agrees, on behalf of itself, its employees and agents that Tenant shall: (a) Not use the Demised Premises or any part thereof for any purpose or use in violation of any law or ordinance or any regulation of any governmental authority, or in any manner that will constitute an unreasonable annoyance to any occupant of the Building, or a nuisance, or that will injure the reputation of the Building or any part thereof, or for any hazardous purpose, or in any manner that will violate, suspend, void or serve to increase the premium rate of, or make inoperative, any policy or policies of insurance maintained by Landlord with respect to the Building or the Property. In the event of a breach of this covenant, in addition to all other remedies of Landlord hereunder, Tenant agrees to pay to Landlord as Additional Rent Tenant’s Proportionate Share of any and all increase or increases of premiums on insurance carried by Landlord on the Demised Premises, the Property or the Building. Landlord acknowledges that the use of the Demised Premises for the Permitted Use shall act not be a violation of this provision; (b) Comply at all times with care in its any and all federal, state and local statutes, regulations, ordinances, and other requirements of any of the constituted public authorities relating to Tenant's use and occupancy of the Demised Premises; (c) Give Landlord access to the Demised Premises at all times, without charge or diminution of rent, to enable Landlord (i) to examine the same and to make such repairs, additions and alterations as Landlord may be permitted to make hereunder or as Landlord may deem advisable for the preservation of the integrity, safety and good order of the Building or any part thereof; and (ii) during the last lease year of the Term(unless renewed by Tenant) to show the Demised Premises to prospective mortgagees, purchasers and tenants; provided that in all such instances under this subsection (c) Landlord shall give Tenant at least two (2) business days prior notice of such access. (d) Subject to Section 8(d) hereof, maintain, repair and replace the interior of the Demised Premises in good order and repair as and when needed, and replace all glass broken by Tenant, its agents, employees or invitees with glass of the same quality as that broken, except for glass broken by fire and extended coverage-type risks, and commit no waste in the Demised Premises; (e) Upon the termination of this Lease in any manner whatsoever, remove Tenant’s goods and effects and those of any other person claiming under Tenant, and quit and deliver up the Demised Premises to Landlord peaceably and quietly in as good order and condition as existed at the inception of the term of this Lease or as the same hereafter may be improved by Landlord or Tenant, reasonable use and wear thereof, damage from fire and extended coverage type risks, and repairs which are Landlord’s obligation excepted. Goods and effects not removed by Tenant at the termination of this Lease, however terminated, shall be considered abandoned and Landlord may dispose of and/or store the same as it deems expedient, the cost thereof to be charged to Tenant; (f) Not place signs on the Demised Premises except on doors and then only of a type and with lettering and text in accordance with local ordinances and as approved in writing by Landlord, such approval not to be unreasonably withheld; (g) Not overload, damage or deface the Demised Premises or do any act which might make void or voidable any insurance on the Demised Premises or the Building or which may render an increased or extra premium payable for insurance (and without prejudice to any right or remedy of Landlord regarding this subparagraph, Landlord shall have the right to collect from Tenant, upon demand, any such increase or extra premium). Tenant shall maintain at its own sole cost adequate insurance coverage for all of its equipment, furniture, supplies and fixtures and provide Landlord with certificates evidencing such coverage; (h) Not make any alteration of or addition to the Demised Premises without the prior written approval of Landlord, such approval not to be unreasonably withheld, delayed or conditioned. Any alteration or addition approved by the Landlord shall be performed: (i) at Tenant’s sole cost and expense; (ii) by contractors and subcontractors reasonably approved in advance by Landlord; and (iii) in a good and workmanlike manner and in accordance with all applicable laws and ordinances. All alterations to the Demised Premises by Tenant shall be the property of Tenant until the expiration or earlier termination of this Lease. Upon the expiration or earlier termination of this Lease, all such alterations shall remain at the Demised Premises and become the fixtures (and property of Landlord without payment by Landlord therefor. Notwithstanding the foregoing, if the parties agree in writing at the time of Tenant’s request for such alterations, Tenant shall remove all Tenant's improvements and fixtures) therein andof such alterations upon the expiration or earlier termination of the Lease, at Tenant's ’s sole cost and expense and shall repair any resulting damage. Notwithstanding the foregoing, Tenant may make non-material and “decorative” alterations to the satisfaction of the Owner, shall make all repairs and replacements to the Demised Premises and the fixtures and the Building, structural or otherwise, necessitated or occasioned by the acts, omissions, carelessness, negligence of other cause of Tenant, its servants, employees, agents, visitors or licensees or any person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy of the Premises by Tenant or any such person. Ordinary maintenance items on the Premises shall be maintained or repaired as the need arises at the expense of the owner. Tenant, at Tenant's sole cost and expense, shall make all repairs and replacements to Tenant's special installations, if any. All such aforesaid repairs, restoration and replacements shall be in quality and class equal to the original work or installation. Regarding the Tenant's need to make repairs or replacements to any Structural, Mechanical, Electrical, HVAC, or surface treatment of walls, floors, and ceilings, Tenant shall notify Owner, who reserves the right to perform such work and charge back the Tenant.without Landlord’s approval; b. Except as otherwise provided in paragraph (a) of this Article, Owner shall make the following repairs as and when necessary; (i) major structural repairs Not install or authorize the installation of any coin operated vending machine, except for the dispensing of cigarettes, coffee, and similar items to the Premises employees of Tenant for consumption upon the Demised Premises; and (j) Observe the rules and Building; (ii) repairs required in order regulations annexed hereto as Exhibit “C” as Landlord may from time to provide time amend the elevatorsame, plumbingfor the general safety, electricalcomfort and convenience of Landlord, heating occupants and air conditioning services to be furnished by Owner pursuant to this Lease; and (iii) repairs to exterior portions tenants of the Building, including the 2nd and 3rd story windows and roof thereof. c. All personal property of the Tenant or special installations in the Premises or in the Building shall be at the sole risk of the Tenant and the Tenant shall, through the term of this Lease, keep same insured against all loss or damage by fire or other casualty. The Owner shall not be liable for any injury or damage to Tenant or its employees, invitees, occupants or persons in or on the Premises or to the property of Tenant resulting from the use of the heating, cooling, electrical or plumbing apparatus or any other cause, and Owner shall not, in any event, be liable for damages or injury resulting from water, steam or other causes, except in the case of Owner's negligence or willful misconduct. Tenant hereby expressly releases Owner from any liability incurred or claimed by reason of such damage or injury. d. The Owner assumes no liability or responsibility whatsoever with respect to the conduct and operation of the business to be conducted in the Premises. The Owner shall not be liable for any accident or injury to any person or persons or property in or about the Premises which are caused by the conduct and operation of said business or by virtue of equipment or property of the Tenant in said Premises. The Tenant agrees to defend and hold the Owner harmless against all such claims. e. The Owner agrees to keep all common areas of the leasehold Premises reasonably clean and free from debris at its expense.

Appears in 1 contract

Samples: Lease Agreement (Techprecision Corp)

CARE OF DEMISED PREMISES. a. Tenant shall act agrees, on behalf of itself, its employees and agents that it shall: (a) Comply at all times with care in any and all federal, state and local statutes, regulations, ordinances, and other requirements of any of the constituted public authorities relating to its use and occupancy of the Demised Premises except for major and structural alterations. (b) Give Landlord access to the fixtures Demised Premises at all reasonable times, without charge or diminution of rent, to enable Landlord (i) to examine the same and all Tenant's improvements to make such repairs, additions and fixturesalterations as Landlord may be permitted to make hereunder or as Landlord may deem reasonably advisable for the preservation of the integrity, safety and good order of the Building or any part thereof; and (ii) therein upon reasonable notice during business hours, to show the Demised Premises to prospective mortgagees and purchasers and, at Tenant's sole cost and expense and during the three (3) months prior to the satisfaction expiration of the Ownerterm, shall make to prospective tenants; (c) Keep the Demised Premises in good order and condition and replace all repairs and replacements to the Premises and the fixtures and the Building, structural or otherwise, necessitated or occasioned glass broken by the acts, omissions, carelessness, negligence of other cause of Tenant, its servants, employees, agents, visitors employees or licensees invitees with glass of the same quality as that broken, except for glass broken by fire and extended coverage type risks, or by Landlord, and commit no waste in the Demised Premises; (d) Upon the termination of this Lease in any manner whatsoever, remove Tenant's goods effects and those of any other person claiming through or under Tenant or by Tenant, and quit and deliver up the use or occupancy or manner of use or occupancy of the Demised Premises by Tenant or any such person. Ordinary maintenance items on the Premises shall be maintained or repaired to Landlord peaceably and quietly in as the need arises good order and condition at the expense inception of the owner. Tenant, at Tenant's sole cost and expense, shall make all repairs and replacements to Tenant's special installations, if any. All such aforesaid repairs, restoration and replacements shall be in quality and class equal to the original work or installation. Regarding the Tenant's need to make repairs or replacements to any Structural, Mechanical, Electrical, HVAC, or surface treatment of walls, floors, and ceilings, Tenant shall notify Owner, who reserves the right to perform such work and charge back the Tenant. b. Except as otherwise provided in paragraph (a) of this Article, Owner shall make the following repairs as and when necessary; (i) major structural repairs to the Premises and Building; (ii) repairs required in order to provide the elevator, plumbing, electrical, heating and air conditioning services to be furnished by Owner pursuant to this Lease; and (iii) repairs to exterior portions of the Building, including the 2nd and 3rd story windows and roof thereof. c. All personal property of the Tenant or special installations in the Premises or in the Building shall be at the sole risk of the Tenant and the Tenant shall, through the term of this Lease or as the same hereafter may be improved by Landlord or Tenant, reasonable use and wear thereof damage from fire and extended coverage type risks, and repairs which are Landlord's obligation excepted. Goods and effects not removed by Tenant at the termination of this Lease, keep however terminated, shall be considered abandoned and Landlord may dispose of and/or store the same insured against as it deems expedient, the cost thereof to be charged to Tenant; (e) Not place signs on the Demised Premises except on doors and then only of a type and with lettering and text approved by Landlord. Identification of Tenant and Tenant's location shall be provided in a directory in the Building Lobby; (f) Not overload, damage or deface the Demised Premises or do any act which might make void or voidable any insurance on the Demised Premises or the Building or which may reasonably render an increased or extra premium payable for insurance (and without prejudice to any right or remedy of Landlord regarding this subparagraph, Landlord shall have the right to collect from Tenant, upon demand, any such increase or extra premium). Tenant shall maintain at its own sole cost adequate insurance coverage for all loss of its equipment, furniture, supplies and fixtures and provide Landlord with certificates evidencing such coverage; (g) Not make any alteration of or damage by fire addition to the Demised Premises without the prior written approval of Landlord (except for work of a decorative nature); (h) Not install or other casualty. The Owner shall not be liable authorize the installation of any coin operated vending machine, except for any injury or damage the dispensing of cigarettes, coffee, and similar items to the employees of Tenant or its employeesfor consumption upon the Demised Premises: and (i) Observe the rules and regulations annexed hereto as Exhibit "C", inviteesas Landlord may from time to time amend the same for the general safety, comfort and convenience of Landlord, occupants or persons in or on the Premises or to the property of Tenant resulting from the use and tenants of the heating, cooling, electrical or plumbing apparatus or any other cause, and Owner shall not, in any event, be liable for damages or injury resulting from water, steam or other causes, except in the case of Owner's negligence or willful misconduct. Tenant hereby expressly releases Owner from any liability incurred or claimed by reason of such damage or injuryBuilding. d. The Owner assumes no liability or responsibility whatsoever with respect to the conduct and operation of the business to be conducted in the Premises. The Owner shall not be liable for any accident or injury to any person or persons or property in or about the Premises which are caused by the conduct and operation of said business or by virtue of equipment or property of the Tenant in said Premises. The Tenant agrees to defend and hold the Owner harmless against all such claims. e. The Owner agrees to keep all common areas of the leasehold Premises reasonably clean and free from debris at its expense.

Appears in 1 contract

Samples: Lease Agreement (Advanced Health Corp)

CARE OF DEMISED PREMISES. a. Tenant shall act agrees, on behalf of itself, its employees and agents that it shall: (a) Comply at all times with care in any and all federal, state and local statutes, regulations, ordinances, and other requirements of any of the constituted public authorities relating to its use and occupancy of the Demised Premises. (b) Give Landlord access to the Demised Premises at all reasonable times without charge or diminution of rent, to enable Landlord (i) to examine the same and to make such repairs, additions and alterations as Landlord may be permitted to make hereunder or as Landlord may deem advisable for the fixtures preservation of the integrity, safety and good order of the Building or any part thereof; and (ii) upon reasonable notice, to show the Demised Premises to prospective mortgagees and all Tenant's improvements and fixtures) therein purchasers and, at Tenant's sole cost and expense and during the nine (9) months prior to the satisfaction expiration of the OwnerTerm, shall make all repairs and replacements to the Premises and the fixtures and the Building, structural or otherwise, necessitated or occasioned by the acts, omissions, carelessness, negligence of other cause of prospective tenants; (c) At Tenant, its servants, employees, agents, visitors or licensees or any person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy of the Premises by Tenant or any such person. Ordinary maintenance items on the Premises shall be maintained or repaired as the need arises at the expense of the owner. Tenant, at Tenant's ’s sole cost and expense, maintain, repair and replace the interior of the Demised Premises including, but not limited to, mechanical systems which service the Demised Premises including HVAC, plumbing, and electrical systems and components thereof, in good order and repair as and when needed, and replace all glass broken by Tenant, its agents, employees or invitees with glass of the same quality as that broken, except for glass broken by fire and extended coverage-type risks, and commit no waste in the Demised Premises. Tenant shall have the option of replacing standard lights, ballasts, tubes, ceiling tiles, outlets, and such other items as replaced by Tenant pursuant to this subsection, or it shall have the option to advise Landlord of Tenant’s desire to have Landlord make such repairs and/or replacements. If requested by Tenant or if Landlord otherwise reasonably determines that such repairs, maintenance and/or replacements are required, Landlord shall make all such repairs and/or replacements to the Demised Premises within a reasonable time of notice to Landlord. Landlord shall invoice Tenant and Tenant shall pay Landlord for said maintenance, repair and replacement items in the Demised Premises, which invoice shall be paid by Tenant within ten (10) days of the invoice date. All repairs and replacements to Tenant's special installations, if any. All such aforesaid repairs, restoration made by Tenant shall utilize materials and replacements shall be equipment which are at least equal in quality and class equal usefulness to those originally used in constructing the original work Building and the Demised Premises; (d) Any janitorial services for the Demised Premises shall be arranged for and paid by Xxxxxx. (e) Upon the termination of this Lease in any manner whatsoever, remove, except for those items considered fixtures of the Building (which exist either at the execution of this Lease or installation. Regarding which are installed following the execution of this Lease), Xxxxxx’s goods and effects and those of any other person claiming under Tenant's need to make repairs or replacements to any Structural, Mechanical, Electrical, HVAC, or surface treatment of walls, floors, and ceilings, Tenant shall notify Owner, who reserves quit and deliver up the right Demised Premises to perform such work Landlord peaceable and charge back quietly in as good order and condition as existed at the Tenant. b. Except as otherwise provided in paragraph (a) inception of the Term of this ArticleLease or as the same hereafter may be improved by Landlord or Tenant, Owner shall make the following reasonable use and wear thereof, damage from fire and extended coverage type risks, and repairs as which are Landlord’s obligation excepted. Goods and when necessary; (i) major structural repairs to the Premises and Building; (ii) repairs required in order to provide the elevator, plumbing, electrical, heating and air conditioning services to be furnished effects not removed by Owner pursuant to this Lease; and (iii) repairs to exterior portions of the Building, including the 2nd and 3rd story windows and roof thereof. c. All personal property of the Tenant or special installations in the Premises or in the Building shall be at the sole risk of the Tenant and the Tenant shall, through the term termination of this Lease, keep however terminated, shall be considered abandoned and Landlord may dispose of and/or store the same insured against as it deems expedient, the cost thereof to be charged to tenant; (f) Not to place signs in the Demised Premises, Building and/or Complex, except in accordance with existing Building standards established by Landlord, and then only of a type and with lettering and text approved by Landlord. Identification of Tenant and Tenant’s location shall be provided on the Building directory and Tenant’s suite sign. (g) Not overload, damage or deface the Demised Premises or do any act which might make void or voidable any insurance on the Demised Premises or the Building or which may render an increased or extra premium payable for insurance (and without prejudice to any right or remedy of Landlord regarding this subparagraph, Landlord shall have the right to collect from Tenant, upon demand, any such increase or extra premium). Tenant shall maintain at its own sole cost adequate insurance coverage for all loss of its equipment, furniture, supplies and fixtures and provide Landlord with certificates evidencing such coverage; (h) Not make any alteration of or damage addition to the Demised Premises without the prior written approval of Landlord (except for work of a decorative nature). Any alterations of, or additions to, the Demised Premises shall be of a type, material, and nature that are in accordance with the overall aesthetic quality and standard finishes of the Building. Any vendors and/or subcontractors hired by fire Xxxxxx to complete said alterations or other casualty. The Owner additions, including work of a decorative nature, to the Demised Premises shall be approved by Landlord, which approval shall not be liable unreasonably withheld and shall name Landlord and Property Manager as additional insured on said vendors and/or subcontractors insurance policies. (i) Observe the rules and regulations (“Rules and Regulations”) annexed hereto as Exhibit “C” as Landlord may from time to time amend the same, for any injury or damage to Tenant or its employeesthe general safety, inviteescomfort and convenience of Landlord, occupants or persons in or on the Premises or to the property of Tenant resulting from the use and tenants of the heating, cooling, electrical or plumbing apparatus or any other cause, and Owner shall not, in any event, be liable for damages or injury resulting from water, steam or other causes, except in the case of Owner's negligence or willful misconduct. Tenant hereby expressly releases Owner from any liability incurred or claimed by reason of such damage or injuryBuilding. d. The Owner assumes no liability or responsibility whatsoever with respect to the conduct and operation of the business to be conducted in the Premises. The Owner shall not be liable for any accident or injury to any person or persons or property in or about the Premises which are caused by the conduct and operation of said business or by virtue of equipment or property of the Tenant in said Premises. The Tenant agrees to defend and hold the Owner harmless against all such claims. e. The Owner agrees to keep all common areas of the leasehold Premises reasonably clean and free from debris at its expense.

Appears in 1 contract

Samples: Lease Agreement

CARE OF DEMISED PREMISES. a. Tenant shall act agrees, on behalf of itself, its employees and agents that it shall: (a) Comply at all times with care in its use any and occupancy all federal, state and local statutes, regulations, ordinances, and other requirements of any such authorities; (b) Maintain, repair and replace the interior, non-structural portions of the Demised Premises so as to keep same in safe, good order and repair, as and when needed, and replace all glass broken by Tenant, its agents, employees or invitees with glass of the fixtures same quality as that broken, except for glass broken by fire and extended coverage-type risks, and commit no waste in the Demised Premises (provided, in no event shall Tenant be required to make any capital improvements to the Building or Demised Premises); (c) Not overload, damage or deface the Demised Premises or do any act which might make void or voidable any insurance on the Demised Premises or the Building or which may result in an increased or extra premium payable for insurance (and all without prejudice to any right or remedy of Landlord regarding this subparagraph, Landlord shall have the right to collect from Tenant, upon demand, any such increase or extra premium); (d) Not make any material alteration of or addition to the Demised Premises without the prior written approval of Landlord, except for interior, nonstructural alterations of a decorative nature that do not exceed more than Two Dollars ($2.00) per rentable square foot of the Demised Premises in the aggregate. All alterations performed to the Demised Premises by Tenant, whether or not requiring Landlord's improvements and fixturesconsent, shall be performed: (i) therein and, at Tenant's sole cost and expense expense, (ii) by contractors and subcontractors approved in advance in writing by Landlord, such approval not to be unreasonably withheld, delayed or conditioned, and (iii) in a good and workmanlike manner and in accordance with all applicable laws and ordinances. Upon completion of any alterations requiring Landlord's consent hereunder, Tenant shall reimburse Landlord's reasonable and necessary actual costs for review of all plans and specifications and final inspection of the work. All alterations to the satisfaction of the Owner, shall make all repairs and replacements to the Premises and the fixtures and the Building, structural or otherwise, necessitated or occasioned by the acts, omissions, carelessness, negligence of other cause of Tenant, its servants, employees, agents, visitors or licensees or any person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy of the Demised Premises by Tenant or any such person. Ordinary maintenance items on the Premises shall be maintained the property of Tenant until the expiration or repaired as earlier termination of this Lease. Upon the need arises expiration or earlier termination of this Lease, all such alterations shall remain at the expense Demised Premises and become the property of Landlord without payment by Landlord therefor. Notwithstanding the foregoing, Landlord, at Landlord's option, shall have the right to require that any or all of such alterations be removed upon the expiration or earlier termination of the owner. Lease by providing written notice thereof to Tenant at the time Landlord grants it approval for said alteration, in which event Tenant, at Tenant's sole cost and expense, shall make all repairs promptly remove such alterations and repair any resulting damage; (e) Not install any equipment of any kind whatsoever which might necessitate any changes, replacements to Tenant's special installations, if any. All such aforesaid repairs, restoration and replacements shall be in quality and class equal to the original work or installation. Regarding the Tenant's need to make repairs or replacements additions to any Structuralof the heating, Mechanicalventilating, Electricalair-conditioning, HVACelectric, sanitary, elevator or surface treatment of walls, floors, and ceilings, Tenant shall notify Owner, who reserves other systems serving the right to perform such work and charge back the Tenant. b. Except as otherwise provided in paragraph (a) of this Article, Owner shall make the following repairs as and when necessary; (i) major structural repairs to the Demised Premises and Building; (ii) repairs required in order to provide the elevator, plumbing, electrical, heating and air conditioning services to be furnished by Owner pursuant to this Lease; and (iii) repairs to exterior portions or any other portion of the Building, including the 2nd and 3rd story windows and roof thereof. c. All personal property or to any of the Tenant or special installations services required of Landlord under this Lease, without the prior written approval of Landlord, and in the Premises event such consent is granted, such replacements, changes or in the Building additions shall be paid for by Tenant at Tenant's sole cost and expense. At the sole risk of the Tenant and the Tenant shall, through the term expiration or earlier termination of this Lease, keep Tenant shall pay Landlord's cost of restoring such systems to their condition prior to such replacements, changes or additions, provided same insured against all loss was a condition of Landlord's approval therefor; (f) Not place signs on the Demised Premises except for (i) signs located entirely within the Demised Premises and which are not visible from the exterior of the Demised Premises, and (ii) signs on doors, provided that the lettering and text are approved by Landlord; (g) Not install or damage by fire or other casualty. The Owner shall not be liable authorize the installation of any coin operated vending machine, except for any injury or damage the dispensing of coffee and similar beverages to the employees of Tenant or its employeesfor consumption upon the Demised Premises; and (h) Observe the rules and regulations annexed hereto as Exhibit "C" as Landlord may from time to time amend the same, inviteesfor the general safety, comfort and convenience of Landlod, occupants or persons in or on the Premises or to the property of Tenant resulting from the use and tenants of the heating, cooling, electrical or plumbing apparatus or any other cause, and Owner shall not, in any event, be liable for damages or injury resulting from water, steam or other causes, except in the case of Owner's negligence or willful misconduct. Tenant hereby expressly releases Owner from any liability incurred or claimed by reason of such damage or injuryBuilding. d. The Owner assumes no liability or responsibility whatsoever with respect to the conduct and operation of the business to be conducted in the Premises. The Owner shall not be liable for any accident or injury to any person or persons or property in or about the Premises which are caused by the conduct and operation of said business or by virtue of equipment or property of the Tenant in said Premises. The Tenant agrees to defend and hold the Owner harmless against all such claims. e. The Owner agrees to keep all common areas of the leasehold Premises reasonably clean and free from debris at its expense.

Appears in 1 contract

Samples: Lease Agreement (Skinny Nutritional Corp.)

CARE OF DEMISED PREMISES. a. Tenant shall act with care A. TENANT accepts the premises in its use and occupancy "As Is" condition. TENANT may make improvements to the premises provided TENANT obtains the written consent of the Premises LANDLORD. TENANT is responsible to pay for its own electrical consumption for the demised premises. TENANT covenants and agrees that it will, during the fixtures (term of this lease, and all Tenant's improvements and fixtures) therein and, at Tenant's sole cost and expense and to the satisfaction of the Owner, shall make all repairs and replacements to the Premises and the fixtures and the Building, structural or otherwise, necessitated or occasioned by the acts, omissions, carelessness, negligence of other cause of Tenant, its servants, employees, agents, visitors or licensees or any person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy of the Premises by Tenant or any such person. Ordinary maintenance items on the Premises shall be maintained or repaired as the need arises at the expense of the owner. Tenant, at Tenant's sole own cost and expense, shall make all repairs keep, preserve and replacements to Tenant's special installationsmaintain the demised premises, if any. All such aforesaid repairs, restoration and replacements shall be in quality and class equal to the original work or installation. Regarding the Tenant's need to make repairs or replacements to any Structural, Mechanical, Electrical, HVAC, or surface treatment of walls, floors, and ceilings, Tenant shall notify Owner, who reserves the right to perform such work and charge back the Tenant. b. Except as otherwise provided in paragraph (a) of this Article, Owner shall make the following repairs as and when necessary; (i) major structural repairs to the Premises and Building; (ii) repairs required in order to provide the elevatorincluding equipment, plumbing, electrical, heating and machinery, air conditioning services and heating system, furnishings and fixtures located therein in a proper, safe, tenantable, good and substantial state of repair and condition and will, from time to time, make, or cause to be furnished made, all reasonable and necessary repairs. TENANT shall not cause, suffer or permit any waste, damage, neglect or injury to the demises premises. B. TENANT shall be solely -responsible for any and all other repairs and maintenance to the demised premises, and for any and all repairs and maintenance to the property caused by Owner pursuant to this Lease; and (iii) repairs to exterior portions the negligence of TENANT's patrons, guests or employees. C. At the termination of the Buildinglease term, including TENANT shall surrender the 2nd leased property to the LANDLORD broom clean and 3rd story windows in as good condition and roof thereofrepair as at the commencement of the term, ordinary and reasonable wear and tear excepted. If not then in default, TENANT shall have the right, at the end of the term, to remove any equipment, furniture, trade fixtures and other personal property placed in or on, but not affixed to, the demised premises. c. D. All personal property damage caused by TENANT's negligence or that of the Tenant its agents, servants, employees, or special installations in the Premises or in the Building visitors, shall be repaired promptly by TENANT, at its sole cost and expense. In the sole risk event that the TENANT fails to comply with the foregoing provisions, the LANDLORD shall have the option to enter the premises and make all necessary repairs at TENANT's cost and expense, the same to be added to and be payable with the next monthly installment of the Tenant and the Tenant shall, through the term of this Lease, keep same insured against all loss or damage by fire or other casualtyrent. The Owner TENANT shall not be liable for any injury or damage to Tenant caused by TENANT or its employees, invitees, occupants agents or persons in or on the Premises invitees to common areas or to the property premises of Tenant resulting from other tenants. E. LANDLORD shall have access to the use demised premises at any time without diminution of rent, to enable LANDLORD to: (1) examine the same and make such repairs, additions and alterations as LANDLORD may be permitted to make hereunder or as LANDLORD may reasonably deem advisable for the preservation of the heatingintegrity, cooling, electrical or plumbing apparatus safety and good order of the Building or any other causepart thereof; and (2) upon reasonable notice, to show the demised premises to any prospective mortgagees and purchasers, and Owner shall notduring the six (6) months prior to the expiration of the term, to prospective tenants. Notwithstanding anything to the contrary, in the event of an emergency, LANDLORD shall have access at any eventtime. F. TENANT shall upon the termination of this lease, remove TENANT's goods and effects anal those of any other person claiming under TENANT, and TENANT shall quit and deliver up the demised premises to LANDLORD peaceably, quietly and in as good order and condition as at the inception of the term of its lease or as the same hereafter may be liable for damages improved by LANDLORD or injury resulting TENANT, reasonable use, wear and tear thereof, damage from waterfire extended type risks, steam and repairs which are LANDLORD's obligation excepted. Goods and effects not removed by TENANT at the termination of this lease shall be considered abandoned and LANDLORD may dispose of and/or store the same as it deems expedient, the costs thereof to be charged to TENANT. Prior to the disposal of any of TENANT's property or other causeseffects as contemplated within this section LANDLORD shall give TENANT reasonable notice to remove same. G. Except as so approved by the LANDLORD, TENANT shall not place signs on the demised premises except on doors and then only of a type, lettering and text approved by the LANDLORD. Identification of TENANT and TENANT's location shall be provided in a directory of the case of Owner's negligence or willful misconduct. Tenant hereby expressly releases Owner from any liability incurred or claimed by reason of such Building Lobby. H. TENANT shall not overload, damage or injurydeface the demised premises or do any act which might make void or voidable any insurance on the demised premises or the Building and/or Property on which may render an increased or extra premium payable for insurance. d. The Owner assumes no liability 1. TENANT shall not make any alteration of or responsibility whatsoever with respect addition to the conduct and operation demised premises (except for work of the business to be conducted in the Premises. The Owner a decorative nature) without prior written approval of LANDLORD which shall not be liable unreasonably withheld. J. TENANT shall not install or authorize the installation of any coin operated vending machines, except for any accident or injury the dispersing of cigarettes, coffee, and similar items to any person or persons or property in or about employees of TENANT for consumption upon the Premises which are caused by demised premises. K. TENANT shall comply with such rules and regulations as LANDLORD may reasonably establish, and from time to time reasonably amend, for the conduct general safety, comfort and operation convenience of said business or by virtue of equipment or property LANDLORD, occupants and tenants of the Tenant in said Premises. The Tenant agrees to defend and hold the Owner harmless against all such claimsBuilding. e. The Owner agrees to keep all common areas of the leasehold Premises reasonably clean and free from debris at its expense.

Appears in 1 contract

Samples: Office Building Lease Agreement (E Pawn Com Inc)

CARE OF DEMISED PREMISES. a. Tenant shall act agrees, on behalf of itself, its employees and agents, that it shall: (a) Comply at all times with care in any and all federal, state and local statutes, regulations, ordinances, and other requirements of any of the constituted public authorities relating to its use and occupancy of the Demised Premises. (b) Give Landlord access to the Demised Premises and at all reasonable times, without charge or diminution of rent, to enable Landlord (i) to examine the fixtures (and all Tenant's improvements and fixtures) therein and, at Tenant's sole cost and expense same and to make such repairs, additions and alterations as Landlord may be permitted to make hereunder or as Landlord may deem advisable for the satisfaction preservation of the Ownerintegrity, shall make safety and good order of the Building or any part thereof; and (ii) upon reasonable notice, to show the Demised Premises to prospective mortgagees and purchasers and. during the six (6) months prior to expiration of the term, to prospective tenants; (c) Keep the Demised Premises in good order and condition and replace all repairs and replacements to the Premises and the fixtures and the Building, structural or otherwise, necessitated or occasioned glass broken by the acts, omissions, carelessness, negligence of other cause of Tenant, its servants, employees, agents, visitors employees or licensees or invitees with glass of the same quality as that broken, except for glass broken by fire and extended coverage type risks, and commit no waste in the Demised Premises; (d) Upon the termination of this Lease in any manner whatsoever, remove Tenant's goods and effects and those of any other person claiming through or under Tenant or by Tenant, and quit and deliver up the use or occupancy or manner of use or occupancy of the Demised Premises by Tenant or any such person. Ordinary maintenance items on the Premises shall be maintained or repaired to Landlord peaceably and quietly in as the need arises good order and condition at the expense inception of the owner. Tenant, at Tenant's sole cost and expense, shall make all repairs and replacements to Tenant's special installations, if any. All such aforesaid repairs, restoration and replacements shall be in quality and class equal to the original work or installation. Regarding the Tenant's need to make repairs or replacements to any Structural, Mechanical, Electrical, HVAC, or surface treatment of walls, floors, and ceilings, Tenant shall notify Owner, who reserves the right to perform such work and charge back the Tenant. b. Except as otherwise provided in paragraph (a) of this Article, Owner shall make the following repairs as and when necessary; (i) major structural repairs to the Premises and Building; (ii) repairs required in order to provide the elevator, plumbing, electrical, heating and air conditioning services to be furnished by Owner pursuant to this Lease; and (iii) repairs to exterior portions of the Building, including the 2nd and 3rd story windows and roof thereof. c. All personal property of the Tenant or special installations in the Premises or in the Building shall be at the sole risk of the Tenant and the Tenant shall, through the term of this Lease or as the same hereafter may be improved by Landlord or Tenant, reasonable use and wear thereof, damage from fire and extended coverage type risks, and repairs which are Landlord's obligation excepted. Goods and effects not removed by Tenant at the termination of this Lease, keep however terminated, shall be considered abandoned and Landlord may dispose of and/or store the same insured against as it deems expedient, the cost thereof to be charged to Tenant; (e) Not place signs on the Demised Premises except on doors and then only of a type and with lettering and text approved by Landlord. Identification of Tenant and Tenant's location shall be provided in a directory in the Building Lobby; (f) Not overload, damage or deface the Demised Premises or do any act which might make void or voidable any insurance on the Demised Premises or the Building or which may render an increased or extra premium payable for insurance (and without prejudice to any right or remedy of Landlord regarding this subparagraph, Landlord shall have the right to collect from Tenant, upon demand, any such increase or extra premium). Tenant shall maintain at its own sole cost adequate insurance coverage for all loss of its equipment, furniture, supplies and fixtures and provide Landlord with certificates evidencing such coverage; (g) Not make any alteration of or damage addition to the Demised Premises without the prior written approval of Landlord (except for work of a decorative nature); (h) Not install or authorize the installation of any coin operated vending machine, except for the dispensing of cigarettes, coffee, and similar items to the employees of Tenant for consumption upon the Demised Premises; and (i) Observe the rules and regulations annexed hereto as Exhibit "C", as the same may from time to time be amended by fire or other casualty. The Owner shall not be liable Landlord for any injury or damage to Tenant or its employeesthe general safety, inviteescomfort and convenience of Landlord, occupants or persons in or on the Premises or to the property of Tenant resulting from the use and tenants of the heating, cooling, electrical or plumbing apparatus or any other cause, and Owner shall not, in any event, be liable for damages or injury resulting from water, steam or other causes, except in the case of Owner's negligence or willful misconduct. Tenant hereby expressly releases Owner from any liability incurred or claimed by reason of such damage or injuryBuilding. d. The Owner assumes no liability or responsibility whatsoever with respect to the conduct and operation of the business to be conducted in the Premises. The Owner shall not be liable for any accident or injury to any person or persons or property in or about the Premises which are caused by the conduct and operation of said business or by virtue of equipment or property of the Tenant in said Premises. The Tenant agrees to defend and hold the Owner harmless against all such claims. e. The Owner agrees to keep all common areas of the leasehold Premises reasonably clean and free from debris at its expense.

Appears in 1 contract

Samples: Lease Agreement (CRW Financial Inc /De)

CARE OF DEMISED PREMISES. a. Tenant shall act agrees, on behalf of itself, its employees and agents that it shall: (A) Comply at all times with care in any and all Federal, state, and local statutes, regulations, ordinances, and other requirements of any of the constituted public authorities relating to its use and occupancy of the Demised Premises. (B) Give Landlord access to the Demised Premises at all reasonable times, without charge or diminution of rent, to enable Landlord (i) to examine the same and to make such repairs, additions and alterations as Landlord may be permitted to make hereunder or as Landlord may deem advisable for the fixtures preservation of the integrity, safety and good order of the Building or any part thereof; and (ii) upon reasonable notice, to show the Demised Premises to prospective mortgagees and all Tenant's improvements and fixtures) therein purchasers and, at Tenant's sole cost and expense and during the six (6) months prior to the satisfaction expiration of the Ownerterm, shall make to prospective tenants; (C) Keep the Demised Premises in good order and condition and replace all repairs and replacements to the Premises and the fixtures and the Building, structural or otherwise, necessitated or occasioned glass broken by the acts, omissions, carelessness, negligence of other cause of Tenant, its servants, employees, agents, visitors employees or licensees or invitees with glass of the same quality as that broken, except for glass broken by fire and extended coverage type risks, and commit no waste in the Demised Premises; (D) Upon the termination of this Lease in any manner whatsoever, remove Tenant's goods effects and those of any other person claiming through or under Tenant or by Tenant, and quit and deliver up the use or occupancy or manner of use or occupancy of the Demised Premises by Tenant or any such person. Ordinary maintenance items on the Premises shall be maintained or repaired to Landlord peaceably and quietly in as the need arises good order and condition at the expense inception of the owner. Tenant, at Tenant's sole cost and expense, shall make all repairs and replacements to Tenant's special installations, if any. All such aforesaid repairs, restoration and replacements shall be in quality and class equal to the original work or installation. Regarding the Tenant's need to make repairs or replacements to any Structural, Mechanical, Electrical, HVAC, or surface treatment of walls, floors, and ceilings, Tenant shall notify Owner, who reserves the right to perform such work and charge back the Tenant. b. Except as otherwise provided in paragraph (a) of this Article, Owner shall make the following repairs as and when necessary; (i) major structural repairs to the Premises and Building; (ii) repairs required in order to provide the elevator, plumbing, electrical, heating and air conditioning services to be furnished by Owner pursuant to this Lease; and (iii) repairs to exterior portions of the Building, including the 2nd and 3rd story windows and roof thereof. c. All personal property of the Tenant or special installations in the Premises or in the Building shall be at the sole risk of the Tenant and the Tenant shall, through the term of this Lease or as the same hereafter may be improved by Landlord or Tenant, reasonable use and wear thereof, damage from fire and extended coverage type risks, and repairs which are Landlord's obligation excepted. Goods and effects not removed by Tenant at the termination of this Lease, keep however terminated, shall be considered abandoned and Landlord may dispose of and/or store the same insured against as it deems expedient, the cost thereof to be charged to Tenant; (E) Not place signs on the Demised Premises except on doors and then only of a type and with lettering and text approved by Landlord. Identification of Tenant and Tenant's location shall be provided in a directory in the Building lobby; and proportionally on any exterior building signage (F) Not overload, damage or deface the Demised Premises or do any act which might make void or voidable any insurance on the Demised Premises or the Building or which may render an increased or extra premium payable for insurance (and without prejudice to any right or remedy of Landlord regarding this subparagraph, Landlord shall have the right to collect from Tenant, upon demand, any such increase or extra premium). Tenant shall maintain at its own sole cost adequate insurance coverage for all loss of its equipment, furniture, supplies and fixtures and provide Landlord with certificates evidencing such coverage; (G) Not make any alteration of or damage by fire or other casualty. The Owner addition to the Demised Premises without the prior written approval of Landlord (except for work of a decorative nature) which approval shall not be liable unreasonably withheld or delayed. Notwithstanding the foregoing, consent will not be required for construction of 15,000 square feet or less of laboratory space provided such construction. (1) does not alter or affect in anyway the structural integrity of the building, and (2) complies with all federal, state and local laws and regulations pertaining to the construction of laboratory space. (H) Not install or authorize the installation of any injury or damage coin operated vending machines, except for the dispensing of cigarettes, coffee, and similar items to the employees of Tenant or its employeesfor consumption upon the Demised Premises; (I) Observe the rules and regulations annexed hereto as EXHIBIT "B", inviteesas the same may from time to time be amended by Landlord for the general safety, comfort and convenience of Landlord, occupants or persons in or on the Premises or to the property of Tenant resulting from the use and tenants of the heating, cooling, electrical or plumbing apparatus or any other cause, Building; and Owner provided that Tenant's use shall not, in any event, be liable for damages or injury resulting from water, steam or other causes, except in the case of Owner's negligence or willful misconduct. Tenant hereby expressly releases Owner from any liability incurred or claimed by reason of supercede such damage or injuryrules and regulations. d. The Owner assumes no liability or responsibility whatsoever with respect to (J) Keep the conduct and operation Demised Premises heated at a level of the business to be conducted in the Premises. The Owner shall not be liable for any accident or injury to any person or persons or property in or about the Premises which are caused by the conduct and operation of said business or by virtue of equipment or property of the Tenant in said Premises. The Tenant agrees to defend and hold the Owner harmless against all such claims. e. The Owner agrees forty-five degrees (45 degrees) to keep all common areas of the leasehold Premises reasonably clean sprinkler system and free plumbing from debris at its expensefreezing.

Appears in 1 contract

Samples: Lease Agreement (Cell Pathways Inc)

CARE OF DEMISED PREMISES. a. Tenant shall act agrees, on behalf of itself, its employees and agents that it shall: (a) On or after the commencement date, comply at all times with care in its use any and occupancy all federal, state and local statutes, regulations, ordinances, and other requirements of any such authorities; (b) Maintain, repair and replace the interior, non-structural portions of the Demised Premises so as to keep same in safe, good order and repair, as and when needed, and replace all glass broken by Tenant, its agents, employees or invitees with glass of the fixtures same quality as that broken, except for glass broken by fire and extended coverage-type risks, and commit no waste in the Demised Premises (provided, in no event shall Tenant be required to make any capital improvements to the Building or Demised Premises); (c) Not overload, damage or deface the Demised Premises or do any act which Tenant knows or should know might make void or voidable any insurance on the Demised Premises or the Building or which may result in an increased or extra premium payable for insurance (and all without prejudice to any right or remedy of Landlord regarding this subparagraph, Landlord shall have the right to collect from Tenant, upon demand, any such increase or extra premium); (d) Not make any material alteration of or addition to the Demised Premises without the prior written approval of Landlord, except for interior, nonstructural alterations of a decorative nature that do not exceed more than Two Dollars ($2.00) per rentable square foot of the Demised Premises in the aggregate. All alterations performed to the Demised Premises by Tenant, whether or not requiring Landlord's improvements and fixturesconsent, shall be performed: (i) therein and, at Tenant's sole cost and expense expense, (ii) by contractors and subcontractors approved in advance in writing by Landlord, and (iii) in a good and workmanlike manner and in accordance with all applicable laws and ordinances. Upon completion of any alterations requiring Landlord's consent hereunder, Tenant shall reimburse Landlord's reasonable and necessary actual costs for review of all plans and specifications and final inspection of the work. All alterations to the satisfaction of the Owner, shall make all repairs and replacements to the Premises and the fixtures and the Building, structural or otherwise, necessitated or occasioned by the acts, omissions, carelessness, negligence of other cause of Tenant, its servants, employees, agents, visitors or licensees or any person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy of the Demised Premises by Tenant or any such person. Ordinary maintenance items on the Premises shall be maintained the property of Tenant until the expiration or repaired as earlier termination of this Lease. Upon the need arises expiration or earlier termination of this Lease, all such alterations shall remain at the expense Demised Premises and become the property of Landlord without payment by Landlord therefor. Notwithstanding the foregoing, Landlord, at Landlord's option, shall have the right to require that any or all of such alterations be removed upon the expiration or earlier termination of the owner. Lease by providing written notice thereof to Tenant, in which event Tenant, at Tenant's sole cost and expense, shall make all repairs promptly remove such alterations and repair any resulting damage; (e) Not install any equipment of any kind whatsoever which might necessitate any changes, replacements to Tenant's special installations, if any. All such aforesaid repairs, restoration and replacements shall be in quality and class equal to the original work or installation. Regarding the Tenant's need to make repairs or replacements additions to any Structuralof the heating, Mechanicalventilating, Electricalair-conditioning, HVACelectric, sanitary, elevator or surface treatment of walls, floors, and ceilings, Tenant shall notify Owner, who reserves other systems serving the right to perform such work and charge back the Tenant. b. Except as otherwise provided in paragraph (a) of this Article, Owner shall make the following repairs as and when necessary; (i) major structural repairs to the Demised Premises and Building; (ii) repairs required in order to provide the elevator, plumbing, electrical, heating and air conditioning services to be furnished by Owner pursuant to this Lease; and (iii) repairs to exterior portions or any other portion of the Building, including the 2nd and 3rd story windows and roof thereof. c. All personal property or to any of the Tenant or special installations services required of Landlord under this Lease, without the prior written approval of Landlord, and in the Premises event such consent is granted, such replacements, changes or in the Building additions shall be paid for by Tenant at Tenant's sole cost and expense. At the sole risk of the Tenant and the Tenant shall, through the term expiration or earlier termination of this Lease, keep same insured against all loss Tenant shall pay Landlord's cost of restoring such systems to their condition prior to such replacements, changes or damage additions; (f) Not place signs on the Demised Premises except for (i) signs located entirely within the Demised Premises and which are not visible from the exterior of the Demised Premises, and (ii) signs on doors, provided that the lettering and text are approved by fire Landlord; (g) Not install or other casualty. The Owner shall not be liable authorize the installation of any coin operated vending machine, except for any injury or damage the dispensing of coffee and similar beverages to the employees of Tenant or its employeesfor consumption upon the Demised Premises; and (h) Observe the rules and regulations annexed hereto as Exhibit "C" as Landlord may from time to time amend the same, inviteesfor the general safety, comfort and convenience of Landlord, occupants or persons in or on the Premises or to the property of Tenant resulting from the use and tenants of the heating, cooling, electrical or plumbing apparatus or any other cause, and Owner shall not, in any event, be liable for damages or injury resulting from water, steam or other causes, except in the case of Owner's negligence or willful misconduct. Tenant hereby expressly releases Owner from any liability incurred or claimed by reason of such damage or injuryBuilding. d. The Owner assumes no liability or responsibility whatsoever with respect to the conduct and operation of the business to be conducted in the Premises. The Owner shall not be liable for any accident or injury to any person or persons or property in or about the Premises which are caused by the conduct and operation of said business or by virtue of equipment or property of the Tenant in said Premises. The Tenant agrees to defend and hold the Owner harmless against all such claims. e. The Owner agrees to keep all common areas of the leasehold Premises reasonably clean and free from debris at its expense.

Appears in 1 contract

Samples: Lease Agreement (Bridgeline Digital, Inc.)

CARE OF DEMISED PREMISES. a. Tenant agrees that it shall: (a) In its use of the Demised Premises comply at all times with any and all federal, state and local statutes, regulations, ordinances, and other requirements of any of the constituted public authorities relating to Tenant’s use, occupancy or alteration of the Demised Premises (and with the reasonable, commercially customary and non-discriminatory requirements of the insurers insuring the Building relating thereto). Notwithstanding the foregoing, with respect to any obligation of Tenant hereunder, Tenant shall act have the right, upon giving prior written notice to Landlord, to contest any obligation imposed upon Tenant hereunder and to defer compliance during the pendency of such contest, provided that the failure of Tenant to so comply will not subject Landlord to prosecution, criminal penalty or, unless Tenant shall agree in writing to reimburse Landlord for same, any additional costs. Landlord shall cooperate with care Tenant in its use any such contest, at no cost to Landlord, and occupancy shall execute, acknowledge and deliver any documents reasonably required in furtherance of such purpose. The provisions of this Section are not intended to impose on Tenant at any time any obligation to make changes or alterations to the Building or any obligation which under this Lease is an obligation of Landlord; (b) Maintain, repair and replace the interior, non-structural portions of the Demised Premises so as to keep same in safe, good order and repair, as and when needed, and commit no waste in the Demised Premises. The provisions of this Section are not intended to impose on Tenant at any time any obligation to make changes or alterations to the Building or any obligation which under this Lease is an obligation of Landlord and the fixtures (provisions of this Section shall not apply in the case of damage or destruction by fire or other casualty or in the case of any taking; the obligations of the parties in such cases shall be as provided in other Sections of this Lease. Notwithstanding the foregoing, in the event any glass is broken by Tenant, its agents, employees or invitees, Landlord agrees to repair and all Tenant's improvements and fixtures) therein andreplace the same, as necessary, at Tenant's ’s sole cost and expense expense; (c) Not overload, damage or deface the Demised Premises or do any act of an extra-hazardous nature which might make void or voidable any insurance on the Demised Premises or the Building or which may render an increased or extra premium payable for insurance over and above the premium which would otherwise have been payable absent such act by Tenant (and without prejudice to any right or remedy of Landlord regarding this subparagraph, Landlord shall have the right to collect from Tenant, within thirty (30) days after written demand (which demand shall be accompanied by a schedule or “make-up” prepared by the Fire Insurance Exchange or other body making such rates and setting forth the nature of such act and the specific amount of increase in premiums caused thereby), any such increase or extra premium resulting from such act by Tenant). Notwithstanding anything to the satisfaction contrary contained herein, it is understood and agreed that Tenant’s use of the OwnerDemised Premises for the Permitted Use described in clause “i” of Section 1(t) shall not be deemed to comprise any such act; and it is further understood and agreed that if Landlord shall permit the use of any other portion of the Building for any use or purpose and by reason thereof the insurance rate applicable to Tenant’s property at the Demised Premises shall at any time be higher than it otherwise would be, then Landlord shall reimburse Tenant on demand (which demand shall be accompanied by a schedule or “make-up” prepared by the Fire Insurance Exchange or other body making such rates and setting forth the nature of such use and the specific amount of increase in premiums caused thereby) for the part of all insurance premiums which shall have been then or in the future charged as a result of such use or purpose and which Tenant shall have paid on account of increase in rate in its own policies of insurance; (d) Not make any alteration of or addition to the Demised Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed, except for interior, non-structural alterations that do not exceed more than Two Dollars ($2.00) per rentable square feet of the Demised Premises in the aggregate. All alterations and additions performed in the Demised Premises by Tenant, whether or not requiring Landlord’s consent, shall make be performed: (i) at Tenant’s sole cost and expense, (ii) by qualified contractors and subcontractors (Tenant shall submit the names of such contractors and subcontractors to Landlord prior to performing any alterations or additions), and (iii) in a good and workmanlike manner and in accordance with all repairs applicable laws and replacements ordinances. Upon completion of any alterations requiring Landlord’s consent hereunder, Tenant shall pay to Landlord an amount equal to the lesser of (i) five percent (5%) of the total cost of such alterations, or (ii) Landlord’s construction manager’s fee in reviewing and inspecting such alterations (such construction manager’s rate is $100.00 per hour), to reimburse Landlord for review of all plans and specifications and final inspection of the work. All alterations to the Demised Premises by Tenant shall be the property of Tenant until the expiration or earlier termination of this Lease. Upon the expiration or earlier termination of this Lease, all such alterations shall remain at the Demised Premises and become the property of Landlord without payment by Landlord therefor; provided, however, that movable furniture and furnishings and other trade fixtures of Tenant (including, without limitation, all signs, displays, decorations, track lighting and other specialized lighting fixtures), shall, regardless of the manner or mode of attachment, remain the property of Tenant and may be removed by Tenant at any time. Tenant shall procure all necessary permits or licenses from the appropriate governmental authorities which may be expressly required in connection with the prosecution of any such alterations and additions by Tenant and Landlord agrees to cooperate with Tenant, at no additional cost to Landlord, in respect of such procurement and in furtherance thereof shall promptly execute, or join with Tenant in the execution of, any applications for such permits or licenses in connection with such procurement, at no additional cost to Landlord. Notwithstanding the foregoing, if Landlord advises Tenant in writing at the time Landlord approves any alteration requiring Landlord approval (or, if not requiring Landlord’s approval, upon Tenant’s written request prior to making any such alteration) that Landlord will require such alterations to be removed at the expiration or earlier termination of the Lease, Tenant shall, at Tenant’s sole cost and expense, remove such alterations and repair any resulting damage. Notwithstanding anything to the contrary herein, Tenant shall not be obligated to remove any paint or carpet from the Demised Premises; (e) Not install any equipment of any kind whatsoever which will materially adversely affect any of the heating, ventilating, air-conditioning, electric, sanitary, elevator or other systems serving the Demised Premises or any other portion of the Building, structural or otherwiseany of the services required of Landlord under this Lease, necessitated without the prior written approval of Landlord (which approval shall not be unreasonably withheld, conditioned or occasioned delayed), and in the event such approval is granted, the reasonable and actual cost of any replacements, changes or additions shall be paid for by Tenant at Tenant’s sole cost and expense. Notwithstanding anything to the actscontrary contained herein, omissionsLandlord hereby consents to the installation by Tenant upon the Demised Premises of a kiln and mold making machine for Tenant’s use in connection with its product development activities and agrees that such installation shall not be deemed to require any replacements, carelessnesschanges or additions to such systems as are described in this Section and that such installation shall not require the payment by Tenant to Landlord for any additional costs hereunder. Notwithstanding the foregoing, negligence Landlord, at Landlord’s option, shall have the right to require that the kiln and mold making machine be removed upon the expiration or earlier termination of other cause of the Lease by providing written notice thereof to Tenant, its servants, employees, agents, visitors or licensees or any person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy of the Premises by Tenant or any such person. Ordinary maintenance items on the Premises shall be maintained or repaired as the need arises at the expense of the owner. in which event Tenant, at Tenant's ’s sole cost and expense, shall make all repairs remove such alterations and replacements repair any resulting damage; (f) Subject to Tenant's special installationsSection 38 hereof, if any. All such aforesaid repairs, restoration and replacements shall be in quality and class equal to not place signs on the original work or installation. Regarding the Tenant's need to make repairs or replacements to any Structural, Mechanical, Electrical, HVAC, or surface treatment of walls, floors, and ceilings, Tenant shall notify Owner, who reserves the right to perform such work and charge back the Tenant. b. Except as otherwise provided in paragraph (a) of this Article, Owner shall make the following repairs as and when necessary; Demised Premises except for (i) major structural repairs to signs located entirely within the Demised Premises and Building; which are not visible from the exterior of the Demised Premises, (ii) repairs required in order to provide signs on doors provided that the elevator, plumbing, electrical, heating lettering and air conditioning services to be furnished text are approved by Owner pursuant to this LeaseLandlord; and (iii) repairs signs in the lobby and elevator areas. (g) Not install or authorize the installation of any coin operated vending machine, except for the dispensing of snacks, coffee, and similar items to exterior portions the employees of Tenant for consumption in the cafeteria and the Demised Premises; and (h) Provided that the same shall be uniformly imposed upon, and non-discriminatorily enforced against, all tenants and occupants of the Building, including observe the 2nd rules and 3rd story windows regulations annexed hereto as Exhibit “C”, as Landlord may from time to time amend the same, for the general safety, comfort and roof thereof. c. All personal property convenience of Landlord, occupants and tenants of the Tenant or special installations in the Premises or in Building; provided, however, that any such amendments shall likewise be uniformly imposed upon, and non-discriminatorily enforced against, all tenants and occupants of the Building (and written notice thereof shall be given to Tenant by Landlord in each instance at least thirty (30) days prior to the sole risk date upon which any of same shall be scheduled to take effect) and provided further that no such amendments shall interfere with Tenant’s operation of its business upon the Demised Premises nor serve to increase the obligations, or limit the rights, of Tenant and the Tenant shall, through the term of under this Lease, keep same insured against all loss or damage by fire or other casualty. The Owner shall not be liable for any injury or damage to Tenant or its employees, invitees, occupants or persons in or on the Premises or to the property of Tenant resulting from the use of the heating, cooling, electrical or plumbing apparatus or any other cause, and Owner shall not, in any event, be liable for damages or injury resulting from water, steam or other causes, except in the case of Owner's negligence or willful misconduct. Tenant hereby expressly releases Owner from any liability incurred or claimed by reason of such damage or injury. d. The Owner assumes no liability or responsibility whatsoever with respect to the conduct and operation of the business to be conducted in the Premises. The Owner shall not be liable for any accident or injury to any person or persons or property in or about the Premises which are caused by the conduct and operation of said business or by virtue of equipment or property of the Tenant in said Premises. The Tenant agrees to defend and hold the Owner harmless against all such claims. e. The Owner agrees to keep all common areas of the leasehold Premises reasonably clean and free from debris at its expense.

Appears in 1 contract

Samples: Lease Agreement (Lenox Group Inc)

CARE OF DEMISED PREMISES. a. Tenant shall act agrees, on behalf of itself, its employees and agents that it shall: (a) Comply at all times with care in any and all federal, state and local statutes, regulations, ordinances, and other requirements of any of the constituted public authorities relating to its use and occupancy of the Demised Premises. (b) Give Landlord access to the Demised Premises at all reasonable times, without charge or diminution of rent, to enable Landlord (i) to examine the same and to make such repairs, additions and alterations as Landlord may be permitted to make hereunder or as Landlord may deem advisable for the fixtures preservation of the integrity, safety and good order of the Building or any part thereof; and (ii) upon reasonable notice, to show the Demised Premises to prospective mortgagees and all Tenant's improvements and fixtures) therein purchasers and, at Tenant's sole cost and expense and during the six (6) months prior to the satisfaction expiration of the Ownerterm, shall make to prospective tenants; (c) Keep the Demised Premises in good order and condition and replace all repairs and replacements to the Premises and the fixtures and the Building, structural or otherwise, necessitated or occasioned glass broken by the acts, omissions, carelessness, negligence of other cause of Tenant, its servants, employees, agents, visitors employees or licensees or invitees with glass of the same quality as that broken, except for glass broken by fire and extended coverage type risks, and commit no waste in the Demised Premises; (d) Upon the termination of this Lease in any manner whatsoever, remove Tenant's goods, effects and those of any other person claiming through or under Tenant or by Tenant, and quit and deliver up the use or occupancy or manner of use or occupancy of the Demised Premises by Tenant or any such person. Ordinary maintenance items on the Premises shall be maintained or repaired to Landlord peaceably and quietly in as the need arises good order and condition at the expense inception of the owner. Tenant, at Tenant's sole cost and expense, shall make all repairs and replacements to Tenant's special installations, if any. All such aforesaid repairs, restoration and replacements shall be in quality and class equal to the original work or installation. Regarding the Tenant's need to make repairs or replacements to any Structural, Mechanical, Electrical, HVAC, or surface treatment of walls, floors, and ceilings, Tenant shall notify Owner, who reserves the right to perform such work and charge back the Tenant. b. Except as otherwise provided in paragraph (a) of this Article, Owner shall make the following repairs as and when necessary; (i) major structural repairs to the Premises and Building; (ii) repairs required in order to provide the elevator, plumbing, electrical, heating and air conditioning services to be furnished by Owner pursuant to this Lease; and (iii) repairs to exterior portions of the Building, including the 2nd and 3rd story windows and roof thereof. c. All personal property of the Tenant or special installations in the Premises or in the Building shall be at the sole risk of the Tenant and the Tenant shall, through the term of this Lease or as the same hereafter may be improved by Landlord or Tenant, reasonable use and wear thereof, damage from fire and extended coverage type risks, and repairs which are Landlord's obligation excepted. Goods and effects not removed by Tenant at the termination of this Lease, keep however terminated, shall be considered abandoned and Landlord may dispose of and/or store the same insured against as it deems expedient, the cost thereof to be charged to Tenant; (e) Not place signs on the Demised Premises except on doors and then only of a type and with lettering and text approved by Landlord. Identification of Tenant and Tenant's location shall be provided in a directory in the Building Lobby; (f) Not overload, damage or deface the Demised Premises or do any act which might make void or voidable any insurance on the Demised Premises or the Building or which may render an increased or extra premium payable for insurance (and without prejudice to any right or remedy of Landlord regarding this subparagraph, Landlord shall have the right to collect from Tenant, upon demand, any such increase or extra premium). Tenant shall maintain at its own sole cost adequate insurance coverage for all loss of its equipment, furniture, supplies and fixtures and provide Landlord with certificates evidencing such coverage; (g) Not make any alteration of or damage by fire addition to the Demised Premises without the prior written approval of Landlord (except for work of a decorative nature); (h) Not install or other casualty. The Owner shall not be liable authorize the installation of any coin operated vending machine, except for any injury or damage the dispensing of cigarettes, coffee, and similar items to the employees of Tenant or its employeesfor consumption upon the Demised Premises; and (i) Observe the rules and regulations annexed hereto as Exhibit "C", inviteesas Landlord may from time to time amend the same for the general safety, comfort and convenience of Landlord, occupants or persons in or on the Premises or to the property of Tenant resulting from the use and tenants of the heating, cooling, electrical or plumbing apparatus or any other cause, and Owner shall not, in any event, be liable for damages or injury resulting from water, steam or other causes, except in the case of Owner's negligence or willful misconduct. Tenant hereby expressly releases Owner from any liability incurred or claimed by reason of such damage or injuryBuilding. d. The Owner assumes no liability or responsibility whatsoever with respect to the conduct and operation of the business to be conducted in the Premises. The Owner shall not be liable for any accident or injury to any person or persons or property in or about the Premises which are caused by the conduct and operation of said business or by virtue of equipment or property of the Tenant in said Premises. The Tenant agrees to defend and hold the Owner harmless against all such claims. e. The Owner agrees to keep all common areas of the leasehold Premises reasonably clean and free from debris at its expense.

Appears in 1 contract

Samples: Office Lease (Digital Commerce Corp)

CARE OF DEMISED PREMISES. a. Tenant shall act agrees, on behalf of itself, its employees and agents that it shall: (a) Comply at all times with care in any and all federal, state and local statutes, regulations, ordinances, and other requirements of any of the constituted public authorities relating to its use and occupancy of the Demised Premises. (b) Give Landlord access to the Demised Premises at all reasonable times without charge or diminution of rent, to enable Landlord (i) to examine the same and to make such repairs, additions and alterations as Landlord may be permitted to make hereunder or as Landlord may deem advisable for the fixtures preservation of the integrity, safety and good order of the Building or any part thereof; and (ii) upon reasonable notice, to show the Demised Premises to prospective mortgagees and all Tenant's improvements and fixtures) therein purchasers and, at Tenant's sole cost and expense and during the nine (9) months prior to the satisfaction expiration of the OwnerTerm, shall make all repairs and replacements to the Premises and the fixtures and the Building, structural or otherwise, necessitated or occasioned by the acts, omissions, carelessness, negligence of other cause of prospective tenants; (c) At Tenant, its servants, employees, agents, visitors or licensees or any person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy of the Premises by Tenant or any such person. Ordinary maintenance items on the Premises shall be maintained or repaired as the need arises at the expense of the owner. Tenant, at Tenant's ’s sole cost and expense, maintain, repair and replace the interior of the Demised Premises including, but not limited to, mechanical systems which service the Demised Premises including HVAC, plumbing, and electrical systems and components thereof, in good order and repair as and when needed, and replace all glass broken by Tenant, its agents, employees or invitees with glass of the same quality as that broken, except for glass broken by fire and extended coverage-type risks, and commit no waste in the Demised Premises. Tenant shall have the option of replacing standard lights, ballasts, tubes, ceiling tiles, outlets, and such other items as replaced by Tenant pursuant to this subsection, or it shall have the option to advise Landlord of Tenant’s desire to have Landlord make such repairs and/or replacements. If requested by Tenant or if Landlord otherwise reasonably determines that such repairs, maintenance and/or replacements are required, Landlord shall make all such repairs and/or replacements to the Demised Premises within a reasonable time of notice to Landlord. Landlord shall invoice Tenant and Tenant shall pay Landlord for said maintenance, repair and replacement items in the Demised Premises, which invoice shall be paid by Tenant within ten (10) days of the invoice date. All repairs and replacements to Tenant's special installations, if any. All such aforesaid repairs, restoration made by Tenant shall utilize materials and replacements shall be equipment which are at least equal in quality and class equal usefulness to those originally used in constructing the original work or installation. Regarding Building and the Tenant's need to make repairs or replacements to any Structural, Mechanical, Electrical, HVAC, or surface treatment of walls, floors, Demised Premises; (d) Any janitorial services for the Demised Premises shall be arranged for and ceilings, Tenant shall notify Owner, who reserves the right to perform such work and charge back the paid by Tenant. b. Except as otherwise provided in paragraph (ae) Upon the termination of this ArticleLease in any manner whatsoever, Owner shall make remove, except for those items considered fixtures of the Building (which exist either at the execution of this Lease or which are installed following repairs as and when necessary; (i) major structural repairs to the Premises and Building; (ii) repairs required in order to provide the elevator, plumbing, electrical, heating and air conditioning services to be furnished by Owner pursuant to execution of this Lease; ), Tenant’s goods and (iii) repairs effects and those of any other person claiming under Tenant, and quit and deliver up the Demised Premises to exterior portions Landlord peaceable and quietly in as good order and condition as existed at the inception of the BuildingTerm of this Lease or as the same hereafter may be improved by Landlord or Tenant, including the 2nd reasonable use and 3rd story windows wear thereof, damage from fire and roof thereof. c. All personal property of the extended coverage type risks, and repairs which are Landlord’s obligation excepted. Goods and effects not removed by Tenant or special installations in the Premises or in the Building shall be at the sole risk of the Tenant and the Tenant shall, through the term termination of this Lease, keep however terminated, shall be considered abandoned and Landlord may dispose of and/or store the same insured against as it deems expedient, the cost thereof to be charged to tenant; (f) Not to place signs in the Demised Premises, Building and/or Complex, except in accordance with existing Building standards established by Landlord, and then only of a type and with lettering and text approved by Landlord. Identification of Tenant and Tenant’s location shall be provided on the Building directory and Tenant’s suite sign. (g) Not overload, damage or deface the Demised Premises or do any act which might make void or voidable any insurance on the Demised Premises or the Building or which may render an increased or extra premium payable for insurance (and without prejudice to any right or remedy of Landlord regarding this subparagraph, Landlord shall have the right to collect from Tenant, upon demand, any such increase or extra premium). Tenant shall maintain at its own sole cost adequate insurance coverage for all loss of its equipment, furniture, supplies and fixtures and provide Landlord with certificates evidencing such coverage; (h) Not make any alteration of or damage addition to the Demised Premises without the prior written approval of Landlord (except for work of a decorative nature). Any alterations of, or additions to, the Demised Premises shall be of a type, material, and nature that are in accordance with the overall aesthetic quality and standard finishes of the Building. Any vendors and/or subcontractors hired by fire Tenant to complete said alterations or other casualty. The Owner additions, including work of a decorative nature, to the Demised Premises shall be approved by Landlord, which approval shall not be liable unreasonably withheld and shall name Landlord and Property Manager as additional insured on said vendors and/or subcontractors insurance policies. (i) Observe the rules and regulations (“Rules and Regulations”) annexed hereto as Exhibit “C” as Landlord may from time to time amend the same, for any injury or damage to Tenant or its employeesthe general safety, inviteescomfort and convenience of Landlord, occupants or persons in or on the Premises or to the property of Tenant resulting from the use and tenants of the heating, cooling, electrical or plumbing apparatus or any other cause, and Owner shall not, in any event, be liable for damages or injury resulting from water, steam or other causes, except in the case of Owner's negligence or willful misconduct. Tenant hereby expressly releases Owner from any liability incurred or claimed by reason of such damage or injuryBuilding. d. The Owner assumes no liability or responsibility whatsoever with respect to the conduct and operation of the business to be conducted in the Premises. The Owner shall not be liable for any accident or injury to any person or persons or property in or about the Premises which are caused by the conduct and operation of said business or by virtue of equipment or property of the Tenant in said Premises. The Tenant agrees to defend and hold the Owner harmless against all such claims. e. The Owner agrees to keep all common areas of the leasehold Premises reasonably clean and free from debris at its expense.

Appears in 1 contract

Samples: Lease Agreement

CARE OF DEMISED PREMISES. a. Tenant agrees, on behalf of itself, its employees and agents, that it shall: A. Comply at all times with any and all Federal, state, and local statutes, regulations, ordinances, and other requirements of any of the constituted public authorities relating to its use, occupancy or alteration of the Demised Premises; Notwithstanding the foregoing or anything elsewhere contained in this Lease, the parties agree that: · Landlord shall act with care be responsible for ADA Title III compliance in the common areas, except as provided below; · If Tenant performs any work within or to the Demised Premises after its use and occupancy of the Demised Premises commences, Tenant shall be responsible for ADA Title III compliance in the Demised Premises, including any leasehold improvements or other work to be performed in the Demised; provided however (i) Tenant shall not be required to make any structural changes required by ADA Title III unless such leasehold improvement or other work was constructed by Tenant or on its behalf by its contractor(s), and (ii); so long as Tenant does not perform any work within the fixtures Demised Premises it shall be the obligation of Landlord (and not Tenant) to comply with all laws of general applicability to real estate of the kind or class of the Demised Premises and/or the Building · Landlord may perform, or require that Tenant perform, and Tenant shall be responsible for the cost of, ADA Title III “path of travel” requirements triggered by alterations in the Demised Premises performed by Xxxxxx, or on its behalf by its contractor(s); and · Tenant shall be solely responsible for requirements under Title I of the ADA relating to Tenant's improvements ’s employees; B. Give Landlord access to the Demised Premises at all reasonable times, without charge or diminution of rent, to enable Landlord (I) to examine the same and fixturesto make such repairs, additions and alterations as Landlord may be permitted to make hereunder or as Landlord may deem advisable for the preservation of the integrity, safety and good order of the Building or any part thereof, provided, however, that the foregoing shall be done after prior written notice to Tenant and during off-hours and with minimal interruption to Tenant’s business operation unless deemed an emergency; and (ii) therein with reasonable prior notice to show the Demised Premises to prospective mortgagees and purchasers, and, at Tenant's sole cost and expense and during the six (6) months prior to the satisfaction expiration of the Ownerterm, shall make to prospective tenants; C. Keep the Demised Premises in good order and condition (including insurance company findings known to Tenant) and replace all repairs and replacements to the Premises and the fixtures and the Building, structural or otherwise, necessitated or occasioned glass broken by the acts, omissions, carelessness, negligence of other cause of Tenant, its servants, employees, agents, visitors employees or licensees invitees, with glass of the same quality as that broken, except for glass broken by fire and extended coverage type risks, and commit no waste in or upon the Demised Premises; D. Upon the termination of this Lease in any manner whatsoever, remove Xxxxxx’s goods and effects and those of any other person claiming through or under Tenant or by Tenant, and quit and deliver up the use or occupancy or manner of use or occupancy of the Demised Premises by Tenant or any such person. Ordinary maintenance items on the Premises shall be maintained or repaired to Landlord peaceably and quietly in as the need arises good order and condition as at the expense inception of the owner. Tenant, at Tenant's sole cost and expense, shall make all repairs and replacements to Tenant's special installations, if any. All such aforesaid repairs, restoration and replacements shall be in quality and class equal to the original work or installation. Regarding the Tenant's need to make repairs or replacements to any Structural, Mechanical, Electrical, HVAC, or surface treatment of walls, floors, and ceilings, Tenant shall notify Owner, who reserves the right to perform such work and charge back the Tenant. b. Except as otherwise provided in paragraph (a) of this Article, Owner shall make the following repairs as and when necessary; (i) major structural repairs to the Premises and Building; (ii) repairs required in order to provide the elevator, plumbing, electrical, heating and air conditioning services to be furnished by Owner pursuant to this Lease; and (iii) repairs to exterior portions of the Building, including the 2nd and 3rd story windows and roof thereof. c. All personal property of the Tenant or special installations in the Premises or in the Building shall be at the sole risk of the Tenant and the Tenant shall, through the term of this Lease or as the same hereafter may be improved by Landlord or Tenant, reasonable use and wear thereof, damage from fire and extended coverage type risks, and repairs which are Landlord’s obligation excepted. Goods and effects not removed by Tenant at the termination of this Lease, keep however terminated, shall be considered abandoned and Landlord may dispose of and/or store the same insured against all loss or damage by fire or other casualtyas it deems expedient, the reasonable cost thereof to be charged to Tenant. The Owner provisions under this entire Section D shall not be liable for any injury survive the expiration or damage to Tenant or its employees, invitees, occupants or persons in or earlier termination of this Lease. E. Not place signs on the Demised Premises except on doors and then only of a type and with lettering and text reasonably approved by Landlord. Identification of Tenant and Tenant’s location shall be provided in a directory in the Building lobby at Landlord’s expense; F. Not overload, damage or deface the Demised Premises or do any act which might make void or voidable any insurance on the Demised Premises or the Building or which may render an increased or extra premium payable for insurance (and without prejudice to any right or remedy of Landlord regarding this subparagraph, Landlord shall have the property right to collect from Tenant, upon demand, any such increase or extra premium); G. Not make any alteration of, or addition to, the Demised Premises without the prior written approval of Tenant resulting from the use Landlord (except for painting, carpeting work of the heating, cooling, electrical or plumbing apparatus a decorative nature); or any other causenon structural alteration project which does not exceed $25,000 in the aggregate, provided that such alteration does not materially and adversely affect the Building’s mechanical, electrical, electronic, life safety and/or structural systems; H. Not install or authorize the installation of any coin operated vending machines, except for the dispensing of coffee, and Owner shall not, in any event, be liable for damages or injury resulting from water, steam or other causes, except in the case of Owner's negligence or willful misconduct. Tenant hereby expressly releases Owner from any liability incurred or claimed by reason of such damage or injury. d. The Owner assumes no liability or responsibility whatsoever with respect similar items to the conduct employees of Tenant for consumption upon the Demised Premises but Tenant shall be permitted to operate no more than two (2) candy machines and operation nor more than one (1) soda machine within the Demised Premises at any one time; and I. Observe the rules and regulations annexed hereto as Exhibit “C”, as the same may from time to time be amended by Landlord for the general safety, comfort and convenience of Landlord, occupants and tenants of the business to be conducted in the Premises. The Owner shall not be liable for any accident or injury to any person or persons or property in or about the Premises which are caused by the conduct and operation of said business or by virtue of equipment or property of the Tenant in said Premises. The Tenant agrees to defend and hold the Owner harmless against all such claimsBuilding. e. The Owner agrees to keep all common areas of the leasehold Premises reasonably clean and free from debris at its expense.

Appears in 1 contract

Samples: Office Lease (Alteva, Inc.)

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CARE OF DEMISED PREMISES. a. Tenant agrees that it shall: A. Comply, at its own cost and expense, with any and all applicable governmental laws, codes, ordinances, rules and regulations of Boards of Fire Underwriters, Ratings Boards or the like (or successor agencies), including without limitation all rules, regulations, ordinances and procedures issued from time to time by the Department of Commerce and any other authorities having jurisdiction over any phase of operation in and about the Demised Premises, and further including the Americans with Disabilities Act of 1990, as amended or hereinafter amended (the “ADA”). B. Unless otherwise set forth in the Facility Lease, give Landlord access to the Demised Premises at all reasonable times upon reasonable advance notice, provided Landlord complies with all provisions of the Facility Lease with respect to any entry onto the Demised Premises by Landlord or Landlord’s agents or representatives. C. Subject to the specific terms of the Facility Lease, Tenant shall act with care keep the Demised Premises in good order and condition, commit no waste on the Demised Premises, and discharge all maintenance, repair, renewal, and replacement obligations set forth under the Facility Lease. Tenant shall assume full repair and maintenance responsibilities for all Tenant’s Improvements, existing and new facilities, and shall maintain the same in good order and condition. Maintenance shall include, but not be limited to, fencing, snow and ice removal, all janitorial services, the repair and/or replacement of damage caused by its use employees, patrons or its operation thereon; repair of all Facility, drainage installation, paving, curbs, islands, buildings and occupancy improvements; and repainting buildings as necessary. D. Provide a complete and proper arrangement for the frequent and adequate sanitary handling and disposal, away from the Demised Premises, of all trash, garbage and other refuse caused as a result of the Premises and the fixtures (and all operation of its business. E. Recognize that Tenant's improvements and fixtures) therein and, at Tenant's sole cost and expense and ’s Improvements attached and/or affixed to the satisfaction Demised Premises may not be removed or modified except in accordance with the terms of the OwnerFacility Lease. F. Upon the termination of this Site Lease in any manner whatsoever Tenant shall comply with all provisions of the Facility Lease relative to Tenant’s obligations upon termination. Property not removed by Tenant at the termination of this Site Lease, shall however terminated, which property is left after all requirements relative to termination under the Facility Lease haven been performed may be considered abandoned and Landlord may dispose of the same as it deems expedient. G. Not overload, damage or deface the Demised Premises or any part thereof or any of its systems or Facility, or do any act which may make all repairs and replacements void or voidable any insurance on the Demised Premises or which may render an increased or extra premium payable for insurance. H. Not make any structural alteration of, improvements to, or addition to the Demised Premises except in accordance with the Facility Lease. I. Except as may be provided under the Facility Lease, not install any Facility of any kind or nature whatsoever which may by itself or in combination with other Facility already in the Demised Premises affect or necessitate any changes, replacements or additions to or require the use of the water system, plumbing system, heating system, air conditioning system or the electrical system of the Demised Premises without the prior written consent of the Landlord, which consent shall be at the sole discretion of the Landlord and which consent may be conditioned upon the fixtures and the Building, structural or otherwise, necessitated or occasioned payment by the acts, omissions, carelessness, negligence Tenant of other specific installation costs and/or special monthly charges. Landlord may condition its consent for the installation of Facility which may cause the usage of Tenant, its servants, employees, agents, visitors excess electricity or licensees or any person claiming through or under water upon the agreement of Tenant or by to the use or occupancy or manner installation of use or occupancy of the Premises by Tenant or any such person. Ordinary maintenance items on the Premises shall be maintained or repaired as the need arises at the expense of the owner. Tenantutility meters, at Tenant's sole cost and expense, whereby the Landlord may determine the additional charges to be paid by Tenant with regard thereto. Nothing in this Subsection I. shall require Tenant to obtain the written consent of Landlord before performing routine maintenance and nonstructural repair of the Demised Premise or any Facility or systems therein. J. Not without the prior written approval of Landlord, which may be granted or withheld by Landlord in its sole discretion, erect, maintain or display any signs in the Demised Premises. In addition to Landlord's approval, Tenant at its sole cost and expense shall obtain the approval of all other local, state and federal agencies as may be required. K. Appoint a local representative who shall have the authority to make all repairs day-to-day decisions and replacements to Tenant's special installations, if any. All such aforesaid repairs, restoration and replacements shall be responsible for coordinating all activities with Landlord. The name, address and telephone number of the local representative is to be submitted to Landlord as set forth in quality and class equal to the original work or installation. Regarding the Tenant's need to make repairs or replacements to any Structural, Mechanical, Electrical, HVAC, or surface treatment of walls, floorsFacility Lease, and ceilings, Tenant shall notify Owner, who reserves the right Landlord is to perform such work and charge back the Tenantbe notified immediately of any changes. b. L. Except as otherwise provided set forth in paragraph (a) the Facility Lease, not use or occupy, or suffer or permit the use or occupancy of, the Demised Premises or any part thereof in any manner or by anything, in any way, in the sole judgment of this ArticleLandlord, Owner shall make which would impair the following repairs as and when necessary; (i) major structural repairs appearance, character or reputation of the Northeast WPC Plant, the City, or create a nuisance condition at the Northeast WPC Plant or the mechanical facilities thereof or tend to impair or interfere with the use of any of the other areas of the Northeast WPC Plant or result in discomfort or annoyance or inconvenience to the Premises and Building; (ii) repairs required in order to provide the elevator, plumbing, electrical, heating and air conditioning services to be furnished by Owner pursuant to this Lease; and (iii) repairs to exterior portions Landlord or any other tenants or occupants of the BuildingNortheast WPC Plant, including or increase the 2nd and 3rd story windows and roof thereof. c. All personal property of the Tenant or special installations in the Premises or in the Building shall be at the sole risk of the Tenant and the Tenant shall, through the term of this Lease, keep same insured against all loss or damage by fire or other casualty. The Owner shall not be liable for any injury or damage casualty to Tenant or its employees, invitees, occupants or persons in or on the Demised Premises or to the property Northeast WPC Plant. M. Not permit a mechanic's lien for any labor or materials to attach to the whole or any part of the Demised Premises, and Tenant resulting hereby agrees that if a mechanic's lien is filed upon all or any portion of the Demised Premises, Tenant shall protect and save harmless Landlord against any loss, liability or expense whatsoever, by reason thereof and shall defend at its own expense such actions or proceedings as may be necessary to remove such lien from the use records within ten (10) days of notice to Tenant of the heatingexistence of said lien. Tenant may, coolinghowever, electrical in good faith and with due diligence contest any mechanics lien or plumbing apparatus other lien filed or established against all or any other causeportion of the Demised Premises, and Owner in such event may permit such lien or charge to remain undischarged and unsatisfied during the period of such contest and appeal therefrom, if Tenant posts a bond so that no lien attaches to the Demised Premises and if (i) the Landlord is satisfied that Tenant is effectively preventing or staying the execution, foreclosure or enforcement of such lien or charge; or (ii) such contest or appeal shall notprevent or stay the execution or enforcement or foreclosure of such lien or charge. If such lien or charge is so stayed and such stay thereafter expires or if by nonpayment of any such lien the Demised Premises or any portion thereof will be subject to loss or forfeiture then Tenant shall forthwith pay and cause to be satisfied and discharged such lien or charge or secure such payment by posting a bond, in any event, be liable for damages or injury resulting from water, steam or other causes, except form and substance satisfactory to the Landlord. N. Tenant shall maintain its ability to operate a business in the case Commonwealth of Owner's negligence or willful misconduct. Tenant hereby expressly releases Owner from any liability incurred or claimed by reason Pennsylvania throughout the Term of such damage or injurythis Site Lease. d. The Owner assumes no liability or responsibility whatsoever with respect O. Tenant shall obtain all government approvals necessary to the conduct operate and operation of the business to be conducted maintain existing improvements included in the Demised Premises and to construct and operate all Tenant Improvements, as defined below, on the Demised Premises. The Owner shall not be liable for any accident or injury to any person or persons or property in or about the Premises which are caused by the conduct and operation of said business or by virtue of equipment or property of the Tenant in said Premises. The Tenant agrees to defend and hold the Owner harmless against all such claims. e. The Owner agrees to keep all common areas of the leasehold Premises reasonably clean and free from debris at its expense.

Appears in 1 contract

Samples: Site Lease Agreement

CARE OF DEMISED PREMISES. a. Tenant shall act agrees, on behalf of itself, its employees and agents, that it shall: (A) Comply at all times with care in any and all Federal, state, and local statutes, regulations, ordinances, and other requirements of any of the constituted public authorities relating to its use and occupancy of the Demised Premises. (B) Give Landlord access to the Demised Premises at all reasonable times, without charge or diminution of rent, to enable Landlord (i) to examine the same and to make such repairs, additions and alterations as Landlord may be permitted to make hereunder or as Landlord may deem advisable for the fixtures preservation of the integrity, safety and good order of the Building or any part thereof; and (ii) upon reasonable notice, to show the Demised Premises to prospective mortgagees and all Tenant's improvements and fixtures) therein purchasers and, at Tenant's sole cost and expense and during the six (6) months prior to the satisfaction expiration of the Ownerterm, shall make to prospective tenants; (C) Keep the Demised Premises in good order and condition and replace all repairs and replacements to the Premises and the fixtures and the Building, structural or otherwise, necessitated or occasioned glass broken by the acts, omissions, carelessness, negligence of other cause of Tenant, its servants, employees, agents, visitors employees or licensees or invitees with glass of the same quality as that broken, except for glass broken by fire and extended coverage type risks, and commit no waste in the Demised Premises; (D) Upon the termination of this Lease in any manner whatsoever, remove Tenant's goods effects and those of any other person claiming through or under Tenant or by Tenant, and quit and deliver up the use or occupancy or manner of use or occupancy of the Demised Premises by Tenant or any such person. Ordinary maintenance items on the Premises shall be maintained or repaired to Landlord peaceably and quietly in as the need arises good order and condition at the expense inception of the owner. Tenant, at Tenant's sole cost and expense, shall make all repairs and replacements to Tenant's special installations, if any. All such aforesaid repairs, restoration and replacements shall be in quality and class equal to the original work or installation. Regarding the Tenant's need to make repairs or replacements to any Structural, Mechanical, Electrical, HVAC, or surface treatment of walls, floors, and ceilings, Tenant shall notify Owner, who reserves the right to perform such work and charge back the Tenant. b. Except as otherwise provided in paragraph (a) of this Article, Owner shall make the following repairs as and when necessary; (i) major structural repairs to the Premises and Building; (ii) repairs required in order to provide the elevator, plumbing, electrical, heating and air conditioning services to be furnished by Owner pursuant to this Lease; and (iii) repairs to exterior portions of the Building, including the 2nd and 3rd story windows and roof thereof. c. All personal property of the Tenant or special installations in the Premises or in the Building shall be at the sole risk of the Tenant and the Tenant shall, through the term of this Lease or as the same hereafter may be improved by Landlord or Tenant, reasonable use and wear thereof, damage from fire and extended coverage type risks, and repairs which are Landlord's obligation excepted. Goods and effects not removed by Tenant at the termination of this Lease, keep however terminated, shall be considered abandoned and Landlord may dispose of and/or store the same insured against as it deems expedient, the cost thereof to be charged to Tenant; (E) Not place signs on the Demised Premises other than the exterior sign noted in Exhibit "D", the Sign Specifications and except on doors and then only of a type and with lettering and text approved by Landlord. Identification of Tenant and Tenant's location shall be provided in a directory in the Building lobby; (F) Not overload, damage or deface the Demised Premises or do any act which might make void or voidable any insurance on the Demised Premises or the Building or which may render an increased or extra premium payable for insurance (and without prejudice to any right or remedy of Landlord regarding this subparagraph, Landlord shall have the right to collect from Tenant, upon demand, any such increase or extra premium). Tenant shall maintain at its own sole cost adequate insurance coverage for all loss of its equipment, furniture, supplies and fixtures and provide Landlord with certificates evidencing such coverage; (G) Not make any alteration of or damage by fire or other casualty. The Owner addition to the Demised Premises which would exceed $5,000.00 without the prior written approval which approval shall not be liable unreasonably withheld of Landlord (except for work of a decorative nature); (H) Not install or authorize the installation of any injury or damage coin operated vending machines, except for the dispensing of cigarettes, coffee, and similar items to the employees of Tenant or its employeesfor consumption upon the Demised Premises; (I) Observe the rules and regulations annexed hereto as Exhibit "C", inviteesas the same may from time to time be amended by Landlord for the general safety, comfort and convenience of Landlord, occupants or persons in or on the Premises or to the property of Tenant resulting from the use and tenants of the heating, cooling, electrical or plumbing apparatus or any other cause, and Owner shall not, in any event, be liable for damages or injury resulting from water, steam or other causes, except in Building; and (J) Keep the case of Owner's negligence or willful misconduct. Tenant hereby expressly releases Owner from any liability incurred or claimed by reason of such damage or injury. d. The Owner assumes no liability or responsibility whatsoever with respect to the conduct and operation of the business to be conducted in the Premises. The Owner shall not be liable for any accident or injury to any person or persons or property in or about the Demised Premises which are caused by the conduct and operation of said business or by virtue of equipment or property of the Tenant in said Premises. The Tenant agrees to defend and hold the Owner harmless against all such claims. e. The Owner agrees heated at a level to keep all common areas of the leasehold Premises reasonably clean sprinkler system and free plumbing from debris at its expensefreezing.

Appears in 1 contract

Samples: Lease Agreement (Icc Technologies Inc)

CARE OF DEMISED PREMISES. a. Tenant shall act agrees, on behalf of itself, its employees and agents that it shall: (a) Comply at all times with care in any and all federal, state and local statutes, regulations, ordinances, and other requirements of any of the constituted public authorities relating to its use and occupancy of the Demised Premises. (b) Give Landlord access to the Demised Premises at all reasonable times, without charge or diminution of rent, to enable Landlord (i) upon reasonable notice (except in the event of emergency), to examine the same and to make such repairs, additions and alterations as Landlord may be permitted to make hereunder or as Landlord may deem advisable for the fixtures preservation of the integrity, safety and good order of the Building or any part thereof; and (ii) upon reasonable notice, to show the Demised Premises to prospective mortgagees and purchasers (including, without limitation, their respective appraisers, engineers and inspectors) and, during the six (6) months prior to expiration of the Term, to prospective tenants. Landlord agrees that it shall not unreasonably interfere with the conduct of Tenant’s business operations in the Demised Premises in exercising Landlord’s rights under this subparagraph; (c) Maintain, repair and replace the interior of the Demised Premises in good order and repair as and when needed, including, without limitation, any heating, ventilating and air conditioning systems installed by Tenant servicing the Demised Premises, and replace all glass broken by Tenant, its agents, employees or invitees with glass of the same quality as that broken, except for glass broken by fire and extended coverage-type risks, and commit no waste in the Demised Premises; (d) Upon the expiration or earlier termination of this Lease, remove Tenant’s goods and effects and those of any other person claiming under Tenant, and quit and deliver up the Demised Premises to Landlord peaceably and quietly in as good order and condition as existed at the inception of the Term, reasonable use and wear thereof, damage from fire and extended coverage type risks, and repairs which are Landlord’s obligation excepted. Goods and effects not removed by Tenant at the termination of this Lease, however terminated, shall be considered abandoned and Landlord may dispose of and/or store the same as it deems expedient, the cost thereof to be charged to Tenant; (e) Not place signs on the exterior of the Demised Premises except on doors and then only of a type and with lettering and text approved by Landlord. Notwithstanding the foregoing, Tenant shall be entitled to maintain its existing signs at the Demised Premises, which right shall include the right to replace such signage with similar signage approved by Landlord, which approval shall not be unreasonably withheld. (f) Not overload, damage or deface the Demised Premises or do any act which might make void or voidable any insurance on the Demised Premises or the Building or which may render an increased or extra premium payable for insurance (and all without prejudice to any right or remedy of Landlord regarding this subparagraph, Landlord shall have the right to collect from Tenant's improvements and fixtures) therein and, upon demand, any such increase or extra premium). Tenant shall maintain at Tenant's its own sole cost adequate insurance coverage for all of its equipment, furniture, supplies and expense fixtures and provide Landlord with certificates evidencing such coverage; (g) Not make any alteration of or addition to the satisfaction Demised Premises which impairs the structural integrity of the OwnerBuilding or adversely affects any heating, shall make all repairs and replacements to ventilating, air conditioning, electric, sanitary, elevator or other systems serving the Demised Premises and the fixtures and or any other portion of the Building, structural in each case without the prior written approval of Landlord; (h) Not install any equipment of any kind whatsoever which might necessitate any changes, replacements or otherwiseadditions to any of the heating, necessitated ventilating, air-conditioning, electric, sanitary, elevator or occasioned by other systems serving the acts, omissions, carelessness, negligence of other cause of Tenant, its servants, employees, agents, visitors or licensees Demised Premises or any person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy other portion of the Premises Building, or to any of the services required of Landlord under this Lease, without the prior written approval of Landlord, and in the event such consent is granted, such replacements, changes or additions shall be paid for by Tenant or any such person. Ordinary maintenance items on the Premises shall be maintained or repaired as the need arises at the expense of the owner. Tenant, at Tenant's ’s sole cost and expense, shall make all repairs and replacements to Tenant's special installations, if any. All such aforesaid repairs, restoration and replacements shall be in quality and class equal to At the original work expiration or installation. Regarding the Tenant's need to make repairs or replacements to any Structural, Mechanical, Electrical, HVAC, or surface treatment of walls, floors, and ceilings, Tenant shall notify Owner, who reserves the right to perform such work and charge back the Tenant. b. Except as otherwise provided in paragraph (a) of this Article, Owner shall make the following repairs as and when necessary; (i) major structural repairs to the Premises and Building; (ii) repairs required in order to provide the elevator, plumbing, electrical, heating and air conditioning services to be furnished by Owner pursuant to this Lease; and (iii) repairs to exterior portions of the Building, including the 2nd and 3rd story windows and roof thereof. c. All personal property of the Tenant or special installations in the Premises or in the Building shall be at the sole risk of the Tenant and the Tenant shall, through the term earlier termination of this Lease, keep same insured against all loss Tenant shall pay Landlord’s cost of restoring such systems to their condition prior to such replacements, changes or damage by fire or other casualty. The Owner shall not be liable additions; and (i) Observe the rules and regulations annexed hereto as Exhibit “C,” as Landlord may from time to time amend the same, for any injury or damage to Tenant or its employeesthe general safety, inviteescomfort and convenience of Landlord, occupants or persons in or on the Premises or to the property of Tenant resulting from the use and tenants of the heating, cooling, electrical or plumbing apparatus or any other cause, and Owner shall not, in any event, be liable for damages or injury resulting from water, steam or other causes, except in the case of Owner's negligence or willful misconduct. Tenant hereby expressly releases Owner from any liability incurred or claimed by reason of such damage or injuryBuilding. d. The Owner assumes no liability or responsibility whatsoever with respect to the conduct and operation of the business to be conducted in the Premises. The Owner shall not be liable for any accident or injury to any person or persons or property in or about the Premises which are caused by the conduct and operation of said business or by virtue of equipment or property of the Tenant in said Premises. The Tenant agrees to defend and hold the Owner harmless against all such claims. e. The Owner agrees to keep all common areas of the leasehold Premises reasonably clean and free from debris at its expense.

Appears in 1 contract

Samples: Lease Agreement (RBC Bearings INC)

CARE OF DEMISED PREMISES. a. Tenant shall act agrees, on behalf of itself, its employees and agents that it shall: (a) Comply at all times with care in any and all federal, state and local statutes, regulations, ordinances, and other requirements of any of the constituted public authorities relating to its specific use and occupancy of the Demised Premises (as opposed to any federal, state, and local statutes, regulations, ordinances and other requirements of any of the fixtures constituted public authorities which relate to office buildings in general, compliance with which shall be the sole responsibility of Landlord). (b) Give Landlord access to the Demised Premises at all reasonable times and upon not less than twenty-four hours' notice (except in the event of emergency), without charge or diminution of rent, to enable Landlord (i) to examine the same and to make such repairs, additions and alterations as Landlord may be permitted to make hereunder or as Landlord may deem advisable for the preservation of the integrity, safety and good order of the Buildings or any part thereof; and (ii) to show the Demised Premises to prospective mortgagees and purchasers and, during the six (6) months prior to expiration of the Term, to prospective tenants; (c) Maintain, repair and replace the interior, non-structural portions of the Demised Premises in good order and repair as and when needed, and replace all glass broken by Tenant, its agents, employees or invitees with glass of the same quality as that broken, except for glass broken by fire and extended coverage-type risks, and commit no waste in the Demised Premises; (d) Upon the expiration or earlier termination of this Lease, remove Tenant's goods and effects and those of any other person claiming under Tenant, and quit and deliver up the Demised Premises to Landlord peaceably and quietly in as good order and condition as existed at the inception of the Term, wear and tear, damage from fire and casualty excepted. Goods and effects not removed by Tenant at the termination of this Lease, however terminated, shall be considered abandoned and Landlord may dispose of and/or store the same as it deems expedient, the cost thereof to be charged to Tenant; provided, however, that in no event shall Tenant be required to remove any fixtures, improvements or alterations installed by Tenant or Landlord, including, without limitation, the Office Space Improvements or the Lab Space Improvements; (e) Not overload, damage or deface the Demised Premises or do any act which might make void or voidable any insurance on the Demised Premises or the Buildings or which may render an increased or extra premium payable for insurance (and all without prejudice to any right or remedy of Landlord regarding this subparagraph, Landlord shall have the right to collect from Tenant's improvements and fixtures) therein and, upon demand, any such increase or extra premium). Tenant shall maintain at Tenant's its own sole cost adequate insurance coverage for the full replacement value of all of its equipment, furniture, supplies and expense fixtures and provide Landlord with certificates evidencing such coverage; (f) Not make any alteration of or addition to the satisfaction Demised Premises without the prior written approval of Landlord, except for interior, nonstructural alterations, which may be made without Landlord's prior approval; (g) Not install any equipment of any kind whatsoever which might necessitate any changes, replacements or additions to any of the Ownerheating, shall make all repairs and replacements to ventilating, air-conditioning, electric, sanitary, elevator or other systems serving the Demised Premises and the fixtures and or any other portion of the Building, structural or otherwise, necessitated or occasioned by the acts, omissions, carelessness, negligence of other cause of Tenant, its servants, employees, agents, visitors or licensees or to any person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy of the Premises services required of Landlord under this Lease, without the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed, and in the event such consent is granted, such replacements, changes or additions shall be paid for by Tenant or any such person. Ordinary maintenance items on the Premises shall be maintained or repaired as the need arises at the expense of the owner. Tenant, at Tenant's sole cost and expense, shall make all repairs and replacements to Tenant's special installations, if any. All such aforesaid repairs, restoration and replacements shall be in quality and class equal to At the original work expiration or installation. Regarding the Tenant's need to make repairs or replacements to any Structural, Mechanical, Electrical, HVAC, or surface treatment of walls, floors, and ceilings, Tenant shall notify Owner, who reserves the right to perform such work and charge back the Tenant. b. Except as otherwise provided in paragraph (a) of this Article, Owner shall make the following repairs as and when necessary; (i) major structural repairs to the Premises and Building; (ii) repairs required in order to provide the elevator, plumbing, electrical, heating and air conditioning services to be furnished by Owner pursuant to this Lease; and (iii) repairs to exterior portions of the Building, including the 2nd and 3rd story windows and roof thereof. c. All personal property of the Tenant or special installations in the Premises or in the Building shall be at the sole risk of the Tenant and the Tenant shall, through the term earlier termination of this Lease, keep same insured against all loss Tenant shall pay Landlord's cost of restoring such systems to their condition prior to such replacements, changes or damage by fire or other casualty. The Owner shall not additions provided that, at the time Landlord consented to such improvements, Landlord advised Tenant that such systems would need to be liable restored; and (h) Observe the rules and regulations annexed hereto as Exhibit "D," as Landlord may from time to time amend the same, for any injury or damage to Tenant or its employeesthe general safety, inviteescomfort and convenience of Landlord, occupants or persons in or on the Premises or to the property of Tenant resulting from the use and tenants of the heating, cooling, electrical or plumbing apparatus or any other cause, and Owner shall not, in any event, be liable for damages or injury resulting from water, steam or other causes, except in the case of Owner's negligence or willful misconduct. Tenant hereby expressly releases Owner from any liability incurred or claimed by reason of such damage or injuryBuildings. d. The Owner assumes no liability or responsibility whatsoever with respect to the conduct and operation of the business to be conducted in the Premises. The Owner shall not be liable for any accident or injury to any person or persons or property in or about the Premises which are caused by the conduct and operation of said business or by virtue of equipment or property of the Tenant in said Premises. The Tenant agrees to defend and hold the Owner harmless against all such claims. e. The Owner agrees to keep all common areas of the leasehold Premises reasonably clean and free from debris at its expense.

Appears in 1 contract

Samples: Lease Agreement (Quaker Chemical Corp)

CARE OF DEMISED PREMISES. a. Tenant shall act agrees, on behalf of itself, its employees and agents, that it shall: (a) Comply at all times with care in any and all federal, state and local statutes, regulations, ordinances, and other requirements of any of the constituted public authorities relating to its use and occupancy of the Demised Premises. (b) Give Landlord access to the Demised Premises at all reasonable times, without charge or diminution of rent, to enable Landlord (i) to examine the same and to make such repairs, additions and alterations as Landlord may be permitted to make hereunder or as Landlord may deem advisable for the fixtures preservation of the integrity, safety and good order of the Building or any part thereof; and (ii) upon reasonable notice, to show the Demised Premises to prospective mortgagees and all Tenant's improvements and fixtures) therein purchasers and, at Tenant's sole cost and expense and during the six (6) months prior to the satisfaction expiration of the Ownerterm, shall make to prospective tenants; (c) Keep the Demised Premises in good order and condition and replace all repairs and replacements to the Premises and the fixtures and the Building, structural or otherwise, necessitated or occasioned glass broken by the acts, omissions, carelessness, negligence of other cause of Tenant, its servants, employees, agents, visitors employees or licensees or invitees with glass of the same quality as that broken, except for glass broken by fire and extended coverage type risks, and commit no waste in the Demised Premises; (d) Upon the termination of this Lease in any manner whatsoever, remove Tenant's goods effects and those of any other person claiming through or under Tenant or by Tenant, and quit and deliver up the use or occupancy or manner of use or occupancy of the Demised Premises by Tenant or any such person. Ordinary maintenance items on the Premises shall be maintained or repaired to Landlord peaceably and quietly in as the need arises good order and condition at the expense inception of the owner. Tenant, at Tenant's sole cost and expense, shall make all repairs and replacements to Tenant's special installations, if any. All such aforesaid repairs, restoration and replacements shall be in quality and class equal to the original work or installation. Regarding the Tenant's need to make repairs or replacements to any Structural, Mechanical, Electrical, HVAC, or surface treatment of walls, floors, and ceilings, Tenant shall notify Owner, who reserves the right to perform such work and charge back the Tenant. b. Except as otherwise provided in paragraph (a) of this Article, Owner shall make the following repairs as and when necessary; (i) major structural repairs to the Premises and Building; (ii) repairs required in order to provide the elevator, plumbing, electrical, heating and air conditioning services to be furnished by Owner pursuant to this Lease; and (iii) repairs to exterior portions of the Building, including the 2nd and 3rd story windows and roof thereof. c. All personal property of the Tenant or special installations in the Premises or in the Building shall be at the sole risk of the Tenant and the Tenant shall, through the term of this Lease or as the same hereafter may be improved by Landlord or Tenant, reasonable use and wear thereof, damage from fire and extended coverage type risks, and repairs which are Landlord's obligation excepted. Goods and effects not removed by Tenant at the termination of this Lease, keep however terminated, shall be considered abandoned and Landlord may dispose of and/or store the same insured against as it deems expedient, the cost thereof to be charged to Tenant; (e) Not place signs on the Demised Premises except on doors and then only of a type and with lettering and text approved by Landlord. Identification of Tenant and Tenant's location shall be provided in a directory in the Building Lobby; (f) Not overload, damage or deface the Demised Premises or do any act which might make void or voidable any insurance on the Demised Premises or the Building or which may render an increased or extra premium payable for insurance (and without prejudice to any right or remedy of Landlord regarding this subparagraph, Landlord shall have the right to collect from Tenant, upon demand, any such increase or extra premium). Tenant shall maintain at its own sole cost adequate insurance coverage for all loss of its equipment, furniture, supplies and fixtures and provide Landlord with certificates evidencing such coverage; (g) Not make any alteration of or damage addition to the Demised Premises without the prior written approval of Landlord (except for work of a decorative nature); (h) Not install or authorize the installation of any coin operated vending machine, except for the dispensing of cigarettes, coffee, and similar items to the employees of Tenant for consumption upon the Demised Premises; and (i) Observe the rules and regulations annexed hereto as Exhibit "C", as the same may from time to time be amended by fire or other casualty. The Owner shall not be liable Landlord for any injury or damage to Tenant or its employeesthe general safety, inviteescomfort and convenience of Landlord, occupants or persons in or on the Premises or to the property of Tenant resulting from the use and tenants of the heating, cooling, electrical or plumbing apparatus or any other cause, and Owner shall not, in any event, be liable for damages or injury resulting from water, steam or other causes, except in the case of Owner's negligence or willful misconduct. Tenant hereby expressly releases Owner from any liability incurred or claimed by reason of such damage or injuryBuilding. d. The Owner assumes no liability or responsibility whatsoever with respect to the conduct and operation of the business to be conducted in the Premises. The Owner shall not be liable for any accident or injury to any person or persons or property in or about the Premises which are caused by the conduct and operation of said business or by virtue of equipment or property of the Tenant in said Premises. The Tenant agrees to defend and hold the Owner harmless against all such claims. e. The Owner agrees to keep all common areas of the leasehold Premises reasonably clean and free from debris at its expense.

Appears in 1 contract

Samples: Lease Agreement (Exe Technologies Inc)

CARE OF DEMISED PREMISES. a. Tenant shall act agrees, on behalf of itself, its employees and agents that it shall: (a) Comply at all times with care in its use any and occupancy all federal, state and local statutes, regulations, ordinances, and other requirements of any of the constituted public authorities and insurers insuring the Building relating to Tenant’s use, occupancy or alteration of the Demised Premises; (b) Maintain, repair and replace the interior, non-structural portions of the Demised Premises so as to keep same in safe, good order and repair, reasonable wear and tear excepted, as and when needed, and replace all glass broken by Tenant, its agents, employees or invitees with glass of the fixtures same quality as that broken, except for glass broken by fire and extended coverage-type risks, and commit no waste in the Demised Premises; (c) Not overload, damage or deface the Demised Premises or do any act which might make void or voidable any insurance on the Demised Premises or the Building or which may render an increased or extra premium payable for insurance (and all without prejudice to any right or remedy of Landlord regarding this subparagraph, Landlord shall have the right to collect from Tenant's improvements and fixtures, upon demand, any such increase or extra premium); (d) therein andNot make any alteration of or addition to the Demised Premises without the prior written approval of Landlord, except for interior, nonstructural alterations of a decorative nature that do not exceed more than Two Dollars ($2.00) per rentable square foot of the Demised Premises in the aggregate. All alterations performed in the Demised Premises by Tenant, whether or not requiring Landlord’s consent, shall be performed: (i) at Tenant's ’s sole cost and expense expense, (ii) by contractors and subcontractors approved in advance in writing by Landlord, and (iii) in a good and workmanlike manner and in accordance with all applicable laws and ordinances. All alterations to the satisfaction of the Owner, shall make all repairs and replacements to the Premises and the fixtures and the Building, structural or otherwise, necessitated or occasioned by the acts, omissions, carelessness, negligence of other cause of Tenant, its servants, employees, agents, visitors or licensees or any person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy of the Demised Premises by Tenant or any such person. Ordinary maintenance items on the Premises shall be maintained the property of Tenant until the expiration or repaired as earlier termination of this Lease. Upon the need arises expiration or earlier termination of this Lease, all such alterations shall remain at the expense Demised Premises and become the property of Landlord without payment by Landlord therefor. Notwithstanding the foregoing, Landlord, at Landlord’s option, shall have the right to require that any or all of such alterations be removed upon the expiration or earlier termination of the owner. Lease by providing written notice thereof to Tenant, in which event Tenant, at Tenant's ’s sole cost and expense, shall make all repairs remove such alterations and repair any resulting damage; (e) Not install any equipment of any kind whatsoever which might necessitate any changes, replacements to Tenant's special installations, if any. All such aforesaid repairs, restoration and replacements shall be in quality and class equal to the original work or installation. Regarding the Tenant's need to make repairs or replacements additions to any Structuralof the heating, Mechanicalventilating, Electricalair-conditioning, HVACelectric, sanitary, elevator or surface treatment of walls, floors, and ceilings, Tenant shall notify Owner, who reserves other systems serving the right to perform such work and charge back the Tenant. b. Except as otherwise provided in paragraph (a) of this Article, Owner shall make the following repairs as and when necessary; (i) major structural repairs to the Demised Premises and Building; (ii) repairs required in order to provide the elevator, plumbing, electrical, heating and air conditioning services to be furnished by Owner pursuant to this Lease; and (iii) repairs to exterior portions or any other portion of the Building, including the 2nd and 3rd story windows and roof thereof. c. All personal property or to any of the Tenant or special installations services required of Landlord under this Lease, without the prior written approval of Landlord, and in the Premises event such consent is granted, such replacements, changes or in the Building additions shall be paid for by Tenant at Tenant’s sole cost and expense. At the sole risk of the Tenant and the Tenant shall, through the term expiration or earlier termination of this Lease, keep same insured against all loss Tenant shall pay Landlord’s cost of restoring such systems to their condition prior to such replacements, changes or damage additions; (f) Not place signs on the Demised Premises except for (i) signs located entirely within the Demised Premises and which are not visible from the exterior of the Demised Premises, and (ii) signs on doors provided that the lettering and text are approved by fire Landlord; (g) Not install or other casualty. The Owner shall not be liable authorize the installation of any coin operated vending machine, except for any injury or damage the dispensing of snacks, coffee, and similar items to the employees of Tenant or its employeesfor consumption upon the Demised Premises; and (h) Observe the rules and regulations annexed hereto as Exhibit “C,” as Landlord may from time to time amend the same, inviteesfor the general safety, comfort and convenience of Landlord, occupants or persons in or on the Premises or to the property of Tenant resulting from the use and tenants of the heating, cooling, electrical or plumbing apparatus or any other cause, and Owner shall not, in any event, be liable for damages or injury resulting from water, steam or other causes, except in the case of Owner's negligence or willful misconduct. Tenant hereby expressly releases Owner from any liability incurred or claimed by reason of such damage or injuryBuilding. d. The Owner assumes no liability or responsibility whatsoever with respect to the conduct and operation of the business to be conducted in the Premises. The Owner shall not be liable for any accident or injury to any person or persons or property in or about the Premises which are caused by the conduct and operation of said business or by virtue of equipment or property of the Tenant in said Premises. The Tenant agrees to defend and hold the Owner harmless against all such claims. e. The Owner agrees to keep all common areas of the leasehold Premises reasonably clean and free from debris at its expense.

Appears in 1 contract

Samples: Lease Agreement (Strategic Distribution Inc)

CARE OF DEMISED PREMISES. a. Tenant shall act agrees, on behalf of itself, its employees and agents that it shall: (a) Comply at all times with care in any and all federal, state and local statutes, regulations, ordinances, and other requirements of any of the constituted public authorities relating to its use and occupancy of the Demised Premises. (b) Give Landlord access to the Demised Premises at all reasonable times and upon reasonable notice (except in the event of emergency), without charge or diminution of rent, to enable Landlord (i) to examine the same and to make such repairs, additions and alterations as Landlord may be permitted to make hereunder or as Landlord may deem advisable for the preservation of the integrity, safety and good order of the Building or any part thereof; and (ii) to show the Demised Premises to prospective mortgagees and purchasers and, during the six (6) months prior to expiration of the Term, to prospective tenants; (c) Reasonable wear and tear and damage by casualty excepted, maintain, repair and replace the interior, non-structural portions of the Demised Premises in good order and repair as and when needed, and replace all glass broken by Tenant, its agents, employees or invitees with glass of the same quality as that broken, except for glass broken by fire and extended coverage-type risks, and commit no waste in the Demised Premises; (d) Upon the expiration or earlier termination of this Lease, remove Tenant's goods and effects and those of any other person claiming under Tenant, and quit and deliver up the Demised Premises to Landlord peaceably and quietly in as good order and condition as existed at the inception of the Term, together with any alterations approved by Landlord, reasonable wear and tear, damage from fire and casualty excepted. Goods and effects not removed by Tenant at the termination of this Lease, however terminated, shall be considered abandoned and Landlord may dispose of and/or store the same as it deems expedient, the cost thereof to be charged to Tenant; (e) Not place signs on the Demised Premises except for (i) signs located entirely within the Demised Premises and which are not visible from the fixtures exterior of the Demised Premises, and (ii) signs on doors provided that the lettering and text are reasonably approved by Landlord; (f) Not overload, damage or deface the Demised Premises or do any act which might make void or voidable any insurance on the Demised Premises or the Building or which may render an increased or extra premium payable for insurance (and all without prejudice to any right or remedy of Landlord regarding this subparagraph, Landlord shall have the right to collect from Tenant's improvements and fixtures) therein and, upon demand, any such increase or extra premium). Tenant shall maintain at Tenant's its own sole cost adequate insurance coverage for the full replacement value of all of its equipment, furniture, supplies and expense fixtures and provide Landlord with certificates evidencing such coverage; (g) Not make any alteration of or addition to the satisfaction Demised Premises without the prior written approval of Landlord which approval shall not be unreasonably withheld or delayed. Tenant shall not be required to obtain the approval of Landlord for interior, nonstructural alterations of a decorative nature that do not exceed, more than $50,000 in the aggregate; (h) Not install any equipment of any kind whatsoever which might necessitate any changes, replacements or additions to any of the Ownerheating, shall make all repairs and replacements to ventilating, air-conditioning, electric, sanitary, elevator or other systems serving the Demised Premises and the fixtures and or any other portion of the Building, structural or otherwise, necessitated or occasioned by the acts, omissions, carelessness, negligence of other cause of Tenant, its servants, employees, agents, visitors or licensees or to any person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy of the Premises services required of Landlord under this Lease, without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. In the event such consent is granted, such replacements, changes or additions shall be paid for by Tenant or any such person. Ordinary maintenance items on the Premises shall be maintained or repaired as the need arises at the expense of the owner. Tenant, at Tenant's sole cost and expense, shall make all repairs and replacements to Tenant's special installations, if any. All such aforesaid repairs, restoration and replacements shall be in quality and class equal to the original work or installation. Regarding the Tenant's need to make repairs or replacements to any Structural, Mechanical, Electrical, HVAC, or surface treatment of walls, floors, and ceilings, If Landlord notifies Tenant shall notify Owner, who reserves the right to perform such work and charge back the Tenant. b. Except as otherwise provided in paragraph (a) of this Article, Owner shall make the following repairs as and when necessary; (i) major structural repairs to the Premises and Building; (ii) repairs required in order to provide the elevator, plumbing, electrical, heating and air conditioning services to be furnished by Owner pursuant to this Lease; and (iii) repairs to exterior portions of the Building, including the 2nd and 3rd story windows and roof thereof. c. All personal property of the Tenant or special installations in the Premises or in the Building shall be at the sole risk time of such approval that Landlord shall so require, then at the Tenant and the Tenant shall, through the term expiration or earlier termination of this Lease, keep same insured against all loss Tenant shall pay Landlord's cost of restoring such systems to their condition prior to such replacements, changes or damage by fire additions; (i) Not install or other casualty. The Owner shall not be liable authorize the installation of any coin operated vending machine, except for any injury or damage the dispensing of cigarettes, coffee, and similar items to the employees of Tenant or its employeesfor consumption upon the Demised Premises; and (j) Observe the rules and regulations annexed hereto as Exhibit "C," as Landlord may from time to time amend the same, inviteesfor the general safety, comfort and convenience of Landlord, occupants or persons in or on the Premises or to the property of Tenant resulting from the use and tenants of the heating, cooling, electrical or plumbing apparatus or any other cause, and Owner shall not, in any event, be liable for damages or injury resulting from water, steam or other causes, except in the case of Owner's negligence or willful misconduct. Tenant hereby expressly releases Owner from any liability incurred or claimed by reason of such damage or injuryBuilding. d. The Owner assumes no liability or responsibility whatsoever with respect to the conduct and operation of the business to be conducted in the Premises. The Owner shall not be liable for any accident or injury to any person or persons or property in or about the Premises which are caused by the conduct and operation of said business or by virtue of equipment or property of the Tenant in said Premises. The Tenant agrees to defend and hold the Owner harmless against all such claims. e. The Owner agrees to keep all common areas of the leasehold Premises reasonably clean and free from debris at its expense.

Appears in 1 contract

Samples: Lease Agreement (Breakaway Solutions Inc)

CARE OF DEMISED PREMISES. Tenant agrees: ------------------------ a. Tenant shall act with care in its use and occupancy of the Premises and the fixtures (and all Tenant's improvements and fixtures) therein andTo, at Tenant's sole cost and expense and prior to the satisfaction of the OwnerCommencement Date, shall make all repairs apply for and replacements to the Premises and the fixtures and the Building, structural or otherwise, necessitated or occasioned by the acts, omissions, carelessness, negligence of other cause of Tenant, its servants, employees, agents, visitors or licensees or any person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy of the Premises by Tenant or any such person. Ordinary maintenance items on the Premises shall be maintained or repaired as the need arises at the expense of the owner. Tenantsecure, at Tenant's sole cost and expense, shall make any and all repairs licenses, permits and replacements to Tenant's special installationsapprovals, of any nature whatsoever as may be required by any governmental body, agency or authority for the operation and maintenance of the Permitted Use at the Demised Premises (excepting the Township Use and Occupancy Permit, State Labor & Industry Certificate of Occupancy and construction building permits, if any. All such aforesaid repairs, restoration and replacements shall be in quality and class equal to the original work or installation. Regarding the Tenant's need to make repairs or replacements to any Structural, Mechanical, Electrical, HVAC, or surface treatment of walls, floors), and ceilingsshall secure, maintain and comply with all such licenses, permits and approvals at all times during the Term of this Lease, including any Renewal Term. b. To comply with any and all requirements of any public authority; and with the terms of any State or Federal statute or local ordinance or regulation or other legal requirements applicable to Tenant shall notify Owneror its use of the Demised Premises, who reserves the right to perform such work and charge back the including any equipment installed by Tenant. b. Except c. To give Landlord access to the Demised Premises at all reasonable times, without charge or deduction of rent, to enable Landlord to examine same and to make such repairs, additions and alterations as otherwise provided Landlord may deem advisable. d. To keep the Demised Premises in paragraph good order and condition, replace all broken glass with glass of the same quality as that broken, save only glass broken by fire and extended coverage type risk, and commit no waste on the Demised Premises. Tenant shall provide Landlord with prompt written notice (e.g. within 48 hours) of any (a) of this Articleaccident or breakage or defects in the window glass, Owner shall make the following repairs as and when necessary; wires, plumbing or heating, ventilating or cooling apparatus, or other systems or apparatus, walls or ceiling tiles, (ib) major structural repairs fire or other casualty, or (c) theft. e. That all improvements attached to the Demised Premises and Building; (ii) repairs required in order to provide become the elevator, plumbing, electrical, heating and air conditioning services to be furnished by Owner pursuant to this Lease; and (iii) repairs to exterior portions of the Building, including the 2nd and 3rd story windows and roof thereof. c. All personal property of the Building and may not be removed without approval of Landlord, which approval shall be at Landlord's sole discretion, except computer network and telephone wiring equipment. f. To, upon the termination of this Lease in any manner whatsoever, remove Tenant's property and those of any other person claiming by, through or under Tenant, and quit and deliver the Demised Premises to Landlord peaceably and quietly in as good order and condition as the same are now in or hereafter may be put in by Landlord or Tenant, reasonable use and wear thereof alone excepted. Property not removed by Tenant at the termination of this Lease, however terminated, shall be considered abandoned and Landlord may dispose of the same as it deems expedient with reasonable cost of such disposal and repairs and/or restoration caused or special installations necessitated by such removal, to be billed to Tenant. g. Not to overload, damage or deface the Demised Premises or any other part of the Building or any of its systems or equipment, or do any act which may make void or voidable any insurance on the Demised Premises or the Building or which may render an increased or extra premium payable for insurance. h. Not to install or operate in the Demised Premises or any electrically operated equipment which requires electrical power in excess of the Building Standard set forth on Exhibit "A", without first obtaining the prior written consent of Landlord, which consent shall be at the sole discretion of Landlord and which consent may be conditioned upon the payment by Tenant of additional rent as compensation for such excess consumption of electricity and/or water as may be occasioned by the use of such equipment or machinery. i. Not to install any equipment of any kind or nature whatsoever which may by itself or in combination with other equipment already in the Demised Premises affect or necessitate any changes, replacements or additions to or require the use of the water system, plumbing system, heating system, air conditioning system or electrical system of the Demised Premises without the prior written consent of Landlord, which consent shall be at the sole discretion of Landlord and which consent may be conditioned upon the payment by Tenant of specific installation costs and/or special monthly charges. Landlord may condition its consent for the installation of equipment which may cause the usage of excess electricity or water upon the agreement of Tenant to the installation of utility meters, at Tenant's sole cost and expense, whereby Landlord may determine the additional charges to be paid by Tenant with regard thereto. j. To observe the Building Rules and Regulations described in EXHIBIT "B", which are incorporated into this Lease by this reference, and which may be modified by Landlord from time to time after receiving notice of such modifications from Landlord. k. Not use or occupy, or suffer or permit the use or occupancy of, the Demised Premises or any part thereof in any manner or by anything, which in any way, in the sole judgement of Landlord, could impair the appearance, character or reputation of the Building or cause the discharge of objectionable fumes, vapors or odors into the Building or the mechanical facilities thereof or impair the appearance, character or reputation of the Building or tend to impair or interfere with the use of any of the other areas of the Building or result in discomfort or annoyance or inconvenience to Landlord or any other tenants or occupants of the Building, or increase the risk of the Tenant and the Tenant shall, through the term of this Lease, keep same insured against all loss or damage by fire or other casualty. The Owner shall not be liable for any injury or damage casualty to Tenant or its employees, invitees, occupants or persons in or on the Demised Premises or to the property of Building. l. To, if Tenant resulting from the use of the heatingis an entity such as a partnership or corporation, cooling, electrical or plumbing apparatus or any other cause, and Owner shall not, maintain its existence in any event, be liable for damages or injury resulting from water, steam or other causes, except good standing in the case Commonwealth of Owner's negligence or willful misconduct. Tenant hereby expressly releases Owner from any liability incurred or claimed by reason Pennsylvania throughout the Term of such damage or injurythis Lease. d. The Owner assumes no liability or responsibility whatsoever with respect to the conduct and operation of the business to be conducted in the Premises. The Owner shall not be liable for any accident or injury to any person or persons or property in or about the Premises which are caused by the conduct and operation of said business or by virtue of equipment or property of the Tenant in said Premises. The Tenant agrees to defend and hold the Owner harmless against all such claims. e. The Owner agrees to keep all common areas of the leasehold Premises reasonably clean and free from debris at its expense.

Appears in 1 contract

Samples: Lease Agreement (Cdnow N2k Inc)

CARE OF DEMISED PREMISES. a. 9.1. Tenant shall act agrees, on behalf of itself, its officers, partners, employees and agents, that it shall: 9.1.1. Comply at all times with care in any and all Federal, state and local statutes, regulations, ordinances, and other requirements of any of the constituted public authorities relating to its use and occupancy of the Premises Demised Premises, and the fixtures (and all Tenant's improvements and fixtures) therein andBoard of Fire Underwriters or any insurance organizations, at Tenant's sole cost and expense and associations or companies, with respect to the satisfaction of the Owner, shall make all repairs and replacements to the Demised Premises and the fixtures and the Building, structural or otherwise, necessitated or occasioned by the acts, omissions, carelessness, negligence of other cause of Tenant, its servants, employees, agents, visitors or licensees or any person claiming through or under Tenant or by the Tenants use or occupancy thereof, or manner of use any property affected by the Premises (collectively the "Laws"), and not knowingly do or occupancy commit, or suffer to be done or committed anywhere in or on the Park or the Demised Premises, any act or thing contrary to any of the Premises by Tenant or any Laws; 9.1.2. Without limiting the foregoing, comply at all times with the federal Americans with Disabilities Act ("ADA") and Tenant's responsibilities hereunder shall include the duty to ensure that the Demised Premises, and all facilities and improvements therein, comply with the requirements of the ADA and that all facilities in the Buildings (such person. Ordinary maintenance items on as but not limited to restrooms and lobbies) comply with the Premises ADA; Landlord shall be maintained or repaired as the need arises at the expense responsible for compliance of the ownerPark (exclusive of the Demised Premises, but including common areas) with applicable provisions of Title III of the ADA (relating to Public Accommodations). Nothing in this Lease, however, shall obligate Landlord to comply with any requirements imposed upon Tenant pursuant to Title I (Employment) of the ADA, and the Tenant, at Tenant's sole cost and expense, shall make all repairs and replacements to comply with applicable requirements of such Title 1. Tenant's special installations, if any. All such aforesaid repairs, restoration and replacements obligations pursuant to this Paragraph 7.1 shall be to maintain the Demised Premises in quality compliance with the Laws, the ADA and class equal other requirements described in this Paragraph 7. 1. Notwithstanding that obligation to the original work or installation. Regarding the Tenant's need to make repairs or replacements to any Structural, Mechanical, Electrical, HVAC, or surface treatment of walls, floors, and ceilingsmaintain, Tenant shall notify Ownernot be obligated to incur any costs, who reserves fees or expenses to bring the right to perform such work and charge back the Tenant. b. Except Demised Premises into compliance with any requirements applicable as otherwise provided in paragraph (a) of this Article, Owner shall make the following repairs as and when necessary; (i) major structural repairs to the Premises and Building; (ii) repairs required in order to provide the elevator, plumbing, electrical, heating and air conditioning services to be furnished by Owner pursuant to this Lease; and (iii) repairs to exterior portions of the BuildingCommencement Date. It shall be Landlord's obligation to pay all costs, including fees and expenses to bring the 2nd and 3rd story windows and roof thereof. c. All personal property Demised Premises into compliance as of the Commencement Date with all the requirements with which Tenant or special installations in the Premises or in the Building shall be at the sole risk of the Tenant and the Tenant shall, through the term of this Lease, keep same insured against all loss or damage by fire or other casualty. The Owner shall not be liable for any injury or damage to Tenant or its employees, invitees, occupants or persons in or on the Premises or to the property of Tenant resulting from the use of the heating, cooling, electrical or plumbing apparatus or any other cause, and Owner shall not, in any event, be liable for damages or injury resulting from water, steam or other causes, except in the case of Owner's negligence or willful misconduct. Tenant hereby expressly releases Owner from any liability incurred or claimed by reason of such damage or injury. d. The Owner assumes no liability or responsibility whatsoever with respect to the conduct and operation of the business to be conducted in the Premises. The Owner shall not be liable for any accident or injury to any person or persons or property in or about the Premises which are caused by the conduct and operation of said business or by virtue of equipment or property of the Tenant in said Premises. The Tenant agrees to defend and hold the Owner harmless against all such claims. e. The Owner agrees to keep all common areas of the leasehold Premises reasonably clean and free from debris at its expense.must

Appears in 1 contract

Samples: Lease Agreement (Pods Inc)

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