Common use of CARE OF PREMISES Clause in Contracts

CARE OF PREMISES. Tenant has inspected and accepts the Premises in its present condition and shall keep and maintain the Premises and the Parking Lot and all tenant improvements in good, safe and sanitary condition and appearance and shall permit no waste, damage, or injury to the Premises, the Parking Lot or the tenant improvements (normal wear and tear, damage due to casualty or condemnation and any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted). The Premises and the Parking Lot shall at all times be kept and used by the Tenant in accordance with the laws, ordinances and regulations of all governmental agencies having jurisdiction over the Premises. The Building and all common areas thereto shall at all times be maintained by Landlord in accordance with the laws, ordinances and regulations of all governmental agencies having jurisdiction thereto. Tenant shall not use or knowlingly permit in the Premises, Building or Parking Lot any activity that is illegal, dangerous to the life or limb or overload the floors of the Building beyond the loads existing at this time, or permit any objectionable noise or odor to escape from the Premises. Tenant shall not do or knowingly permit to be done on the Premises or the Parking Lot anything that will increase the rate of insurance on the Premises provided, however, Landlord represents and warrants to Tenant that Tenant’s express rights pursuant to Section 2 of this Lease will not result in increased insurance rates. Tenant shall keep the Premises and the Parking Lot clean and in sanitary condition, and in compliance with the regulations of the Board of Health and City of Seattle Fire Department. Notwithstanding anything in this Lease to the contrary, Tenant shall have no obligation or liability with respect to the condition of the Parking Lot or any activities therein except to the extent caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees. At the end of the term of this Lease or upon earlier termination of the Lease, Tenant shall deliver the Premises, the Parking Lot and the tenant improvements to Landlord in good and sound condition and appearance as received, broom clean, ordinary wear and tear and damage due to casualty or condemnation excepted. Tenant shall repair any damage to the Premises or the Parking Lot occasioned by its use thereof, or by the removal of Tenant’s trade fixtures, furnishings and equipment, which repair shall include, but shall not be limited to, the patching and filling of holes, repairing the floor, and repair of structural damage.

Appears in 2 contracts

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

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CARE OF PREMISES. Tenant has inspected and accepts 1.6.1 The Mortgagor will keep the Premises in its present good condition and shall keep repair, will not commit or suffer any waste and maintain will not do or suffer to be done anything which will increase the risk of fire or other hazard to the Premises or any part thereof or which would or could result in the cancellation of any insurance policy carried with respect to the Premises. 1.6.2 The Mortgagor will not remove, demolish or alter the design or structural character of any building, fixture, chattel or other part of the Premises without the prior written consent of the Mortgagee and Mortgagor will not permit the Parking Lot removal, demolition or alteration thereof. Provided, however, Mortgagee shall consent to the proposed development of the Premises which is in substantial accordance with the Site Plan and plans and specifications which Mortgagor has delivered to Mortgagee prior to the date hereof. 1.6.3 If the Premises or any part thereof is damaged by fire or other cause, the Mortgagor will give immediate oral and written notices of the same to the Mortgagee. 1.6.4 Upon reasonable notice and at reasonable times, the Mortgagee is hereby authorized and empowered to enter and to authorize others to enter upon any or all tenant improvements in goodof the Premises, safe upon written notice and sanitary condition at reasonable times and appearance and from time to time, to inspect the same, to perform or observe any covenants, conditions or terms which the Mortgagor shall permit no wastefail to perform, damagemeet or comply with, or injury for any other purpose in connection with the protection or preservation of Mortgagee's security, without thereby becoming liable to Mortgagor or any person in possession holding under the Mortgagor. Xxxxxxxxx agrees that it will open and cause its agents, managers, operators, tenants or lessees to open to the Mortgagee all areas within the Premises reasonably necessary or convenient with respect to the requirements hereof. 1.6.5 The Mortgagor will promptly comply with all present and future laws, ordinances, rules and regulations of any governmental authority affecting the Premises or any part thereof, including, but not limited to, with all air quality, zoning, building, health, labor, discrimination, fire, traffic, safety and other governmental or regulatory rules, laws, ordinances, statutes, codes and requirements applicable to the Premises, including the Parking Lot or the tenant improvements (normal wear and tear, damage due to casualty or condemnation and any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted). The Premises and the Parking Lot shall at all times be kept and used by the Tenant in accordance Americans with the laws, ordinances and regulations Disabilities Act of all governmental agencies having jurisdiction over the Premises. The Building and all common areas thereto shall at all times be maintained by Landlord in accordance with the laws, ordinances and regulations of all governmental agencies having jurisdiction thereto. Tenant shall not use or knowlingly permit in the Premises, Building or Parking Lot any activity that is illegal, dangerous to the life or limb or overload the floors of the Building beyond the loads existing at this time, or permit any objectionable noise or odor to escape from the Premises. Tenant shall not do or knowingly permit to be done on the Premises or the Parking Lot anything that will increase the rate of insurance on the Premises provided, however, Landlord represents and warrants to Tenant that Tenant’s express rights pursuant to Section 2 of this Lease will not result in increased insurance rates. Tenant shall keep the Premises and the Parking Lot clean and in sanitary condition, and in compliance with the regulations of the Board of Health and City of Seattle Fire Department. Notwithstanding anything in this Lease to the contrary, Tenant shall have no obligation or liability with respect to the condition of the Parking Lot or any activities therein except to the extent caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees. At the end of the term of this Lease or upon earlier termination of the Lease, Tenant shall deliver the Premises, the Parking Lot and the tenant improvements to Landlord in good and sound condition and appearance as received, broom clean, ordinary wear and tear and damage due to casualty or condemnation excepted. Tenant shall repair any damage to the Premises or the Parking Lot occasioned by its use thereof, or by the removal of Tenant’s trade fixtures, furnishings and equipment, which repair shall include, but shall not be limited to, the patching and filling of holes, repairing the floor, and repair of structural damage1990.

Appears in 2 contracts

Samples: Second Mortgage and Security Agreement (American Leisure Holdings Inc), Mortgage and Security Agreement (American Leisure Holdings Inc)

CARE OF PREMISES. Tenant has inspected and accepts Lessee shall, throughout the Premises in its present condition and shall keep and maintain Lease Term, take good care ---------------- of the Leased Premises and all fixtures, appurtenances, doors and windows, locks, walls, ceilings, flooring and mechanical equipment located therein, excepting that which may be covered by applicable warranty, and, at its sole cost and expense, make all non-structural repairs thereto and perform maintenance thereon as and when needed to preserve them in good working order and condition, reasonable wear and tear from use and damage from the Parking Lot and elements, fire or other casualty excepted. Notwithstanding the foregoing, all tenant improvements in good, safe and sanitary condition and appearance and shall permit no waste, damage, damage or injury to the PremisesLeased Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or non-structural repairs, caused by or resulting from carelessness, omission, neglect or conduct of Lessee, its servants, employees, invitees or licensees, shall be repaired by the Lessee at its sole expense to the satisfaction of Lessor reasonably exercised. Lessee shall replace or repair, as needed, all lamps, bulbs, ballasts and other lighting fixtures and apparatus. Lessee shall also repair all damage to the Building and the Leased Premises caused by the moving of Lessee's fixtures, furniture or equipment. All the aforesaid repairs shall be of quality or class equal to the original work or construction. If Lessee fails after ten (10) days' notice to proceed with due diligence to make repairs required to be made by it, the Parking Lot or same may be made by Lessor at the tenant improvements (normal wear and tear, damage due to casualty or condemnation and expense of Lessee. Lessee shall give Lessor prompt notice of any defective condition in the Parking Lot not caused Leased Premises, which Lessor is required to repair or replace. Lessor shall remedy the condition with due diligence but at the expense of Lessee if repairs are necessitated by Tenant damage or Tenant’s officersinjury attributable to Lessee, directorsLessee's servants, agents, employees, agentsinvitees, contractorsor licensees as aforesaid. All repair work and/or modifications made to the Leased Premises must be made by licensed and bonded contractor(s) approved by Lessor. Lessee shall be responsible for the cost of all maintenance and repairs (except as may be covered under applicable warranty) to the heating, licensees or invitees excepted)ventilating and air conditioning system(s) serving the Leased Premises. Lessee shall, within thirty (30) days of occupancy, contract with a licensed HVAC maintenance company to maintain the system in proper working order. The Premises Lessee agrees to supply a copy of the maintenance agreement to the Lessor and the Parking Lot shall at all times be kept during the term of the Lease keep in full force a HVAC maintenance agreement. If Lessee fails to enter into a maintenance agreement as herein provided, Lessor, at Lessor's option, may elect to enter into a reasonable service contract for the periodic professional inspection and used by the Tenant in accordance with the laws, ordinances and regulations maintenance of all governmental agencies having jurisdiction over the Premises. The heating, ventilating and air conditioning equipment serving the Building and all common areas thereto Lessee shall at all times be maintained by Landlord in accordance with pay its allocated share of the laws, ordinances cost of the service contract. Lessor agrees that during the Lease Term it will keep the exterior and regulations of all governmental agencies having jurisdiction thereto. Tenant shall not use or knowlingly permit in the Premises, Building or Parking Lot any activity that is illegal, dangerous to the life or limb or overload the floors structural parts of the Building beyond in good condition and repair, and that it will make such repairs promptly as they become necessary. Exterior repairs shall be deemed to include exterior walls, foundations, pavement, roof, gutters, downspouts, and plumbing, which is a part of the loads existing at this timestructure or foundation. Lessor shall make such interior replacements as are necessitated by building equipment failure and repairs and replacements necessitated by fire or perils covered by extended coverage clauses (whether or not caused by the active or passive negligence of the Lessee) for which damage or loss insurance is carried by the Lessor and for which insurance proceeds are recovered, including interior reconstruction and/or redecorating necessitated by such fire or permit other perils. Lessor represents that, to the best of its knowledge, there is neither currently nor has there been any objectionable noise release or odor to escape from discharge of any hazardous substances in or around the Premises. Tenant shall not do or knowingly permit to be done on the Leased Premises or the Parking Lot anything that Building/Center. Lessee will increase keep the rate interior of insurance on the Leased Premises provided, however, Landlord represents clean and warrants to Tenant that Tenant’s express rights pursuant to Section 2 of this Lease will not result improperly or unlawfully release, store, handle, or dispose of any refuse, trash or hazardous materials or contaminants in increased insurance ratesthe Leased Premises or in or around the Building of which the Leased Premises form a part. Tenant Lessee shall keep the Premises immediately notify Lessor and the Parking Lot appropriate governmental agencies and authorities having jurisdiction if a release of such materials occurs, and shall take complete corrective action to clean and in sanitary condition, remove the material and restore the Leased Premises in compliance with procedures established by such authorities, and shall provide appropriate evidence of compliance. Lessee agrees to hold Lessor harmless of and from any losses, costs, damages, expenses or liabilities, public or private, arising directly or indirectly as a result of such release or contamination and such indemnification shall survive the regulations of the Board of Health and City of Seattle Fire Department. Notwithstanding anything in this Lease to the contrary, Tenant shall have no obligation expiration or liability with respect to the condition of the Parking Lot or any activities therein except to the extent caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees. At the end of the term of this Lease or upon earlier termination of the Lease. Such indemnified liabilities shall include the costs of environmental consultants and engineers, Tenant shall deliver the Premises, the Parking Lot cleanup and the tenant improvements to Landlord in good and sound condition and appearance as received, broom clean, ordinary wear and tear and damage due to casualty or condemnation excepted. Tenant shall repair any damage to the Premises or the Parking Lot occasioned by its use thereof, or by the removal of Tenant’s trade fixtures, furnishings and equipment, which repair shall include, but shall not be limited to, the patching and filling of holes, repairing the floorreporting expenses, and repair of structural damageattorneys fees and costs.

Appears in 2 contracts

Samples: Lease Agreement (Sequiam Corp), Lease Agreement (Sequiam Corp)

CARE OF PREMISES. (a) The Tenant has inspected and accepts the Premises in agrees that it will take good care (including its present condition and shall keep and maintain the Premises and the Parking Lot and all tenant improvements in good, safe and sanitary condition and appearance and shall permit no waste, damage, or injury to own interior janitorial service) of the Premises, fixtures, and appurtenances, including the Parking Lot or following items and elements serving the tenant improvements (normal wear Premises: exterior doors and tearwindows, damage due to casualty or condemnation and any condition in the Parking Lot not caused by Tenant or Tenant’s officerswindow frames, directors, employees, agents, contractors, licensees or invitees excepted). The Premises hardware and the Parking Lot like, and meters, plumbing, heating and air conditioning equipment (including that on the exterior of the building), the elevators of the Building and keep same in good order and repair throughout the term of this Lease in a manner comparable to the order and state of repair extant of the Commencement Date, and suffer or permit no waste or injury; Landlord shall at all times be kept and used assign to Tenant, for the benefit of the Tenant, to the extent they are assignable or otherwise available for the benefit of the Tenant, any warranties on such equipment furnished Landlord by the Tenant in accordance with the and/or provider thereof; that Tenant will conform to all laws, ordinances orders, and regulations of all governmental agencies having jurisdiction over the Premises. The Building Federal, State, County and all common areas thereto shall City authorities or any of their departments, and will not, through its own act or neglect, cause any situation to exist in or about the Premises which would constitute a violation of any applicable Federal, State, County, or City Code Regulation or Ordinance governing use, occupancy, health, sanitation, or fire; that it will save harmless the Landlord from any liability arising from injury to person or property caused by any act or omission of Tenant, his agents, employees or guests; that it will repair at all times be maintained by Landlord in accordance with or before the laws, ordinances and regulations of all governmental agencies having jurisdiction thereto. Tenant shall not use or knowlingly permit in the Premises, Building or Parking Lot any activity that is illegal, dangerous to the life or limb or overload the floors end of the Building beyond the loads existing at this timeterm, or permit any objectionable noise sooner if so requested by the Landlord, all injury done by the installation or odor to escape from the Premises. Tenant shall not do removal of furniture or knowingly permit to be done on other property, and will surrender the Premises or the Parking Lot anything that will increase the rate of insurance on the Premises provided, however, Landlord represents and warrants to Tenant that Tenant’s express rights pursuant to Section 2 of this Lease will not result in increased insurance rates. Tenant shall keep the Premises and the Parking Lot clean and in sanitary condition, and in compliance with the regulations of the Board of Health and City of Seattle Fire Department. Notwithstanding anything in this Lease to the contrary, Tenant shall have no obligation or liability with respect to the condition of the Parking Lot or any activities therein except to the extent caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees. At at the end of the term of this Lease or upon earlier termination broom cleaned in as good condition as they were at the beginning of the Lease, Tenant shall deliver the Premises, the Parking Lot and the tenant improvements to Landlord in good and sound condition and appearance as received, broom cleanterm, ordinary wear and tear tear, condemnation, alterations as permitted by this Lease and damage due to casualty or condemnation casualties by fire and elements excepted. In the event of any increase in the cost of insurance as a result of the failure of the Tenant to comply with the provisions of this Paragraph, the Tenant will pay the amount of such increase as additional rent within thirty (30) days after the Landlord’s written demand, which will provide evidence that the stated actions increased the cost of insurance. The Landlord shall repair be under no liability to the Tenant for any discontinuance of heat, air conditioning, and hot water unless due solely to Landlord’s negligence. The Landlord shall not be liable for any loss or damage to the Tenant caused by rain, snow, water or storms that may leak into or flow from any part of the premises through any defects in the roof or plumbing or from any other source unless due solely to Landlord’s negligence. (b) Landlord shall have no obligation whatsoever to make any repairs to the Premises other than to make repairs resulting from damage caused by negligence, if any, of Landlord or its agents or employees or contractors except as otherwise provided in this Agreement. (c) Landlord agrees to maintain and will keep in good repair, the Parking Lot occasioned by exterior walls of the Building, the roof, slabs, foundations and structural elements of the Building. Landlord, at its use thereofexpense, will make all structural repairs that it deems necessary in its reasonable discretion (excluding, however, all doors, door frames, floors, windows and glass); provided Tenant shall give Landlord notice of the necessity for such repairs. If the Premises, or by the removal any portion thereof critical to performance of Tenant’s trade business, are rendered unfit for the business purposes for which it was leased due to a structural problem in the exterior walls, structural columns, roof, roof penetrations or structural floor, for more than thirty (30) consecutive days, then the rent shall xxxxx proportionately to the amount of space rendered unfit for the business purposes for which it was leased for the amount of time such condition shall exist. (d) Tenant shall not place a load upon any floor of the Premises that exceeds the lesser of (i) floor load per square foot, which such floor was designed to carry or (ii) the maximum floor load per square foot allowed by law. Business machines and mechanical equipment shall be placed and maintained by Tenant, at Tenant’s expense, in settings sufficient in Landlord’s reasonable judgment to absorb and prevent vibration, noise and annoyance. (e) There shall be no allowance to Tenant for any diminution of rental value and no liability on the part of the Landlord by reason of inconvenience, annoyance or injury to business arising from the making by Landlord, Tenant or others of any repairs in or to the Building or the Premises, or in or to the fixtures, furnishings appurtenances or equipment thereof. Except in case of emergency, as determined in Landlord’s sole discretion, Landlord will use commercially reasonable efforts to minimize any interference with Tenant’s use and equipment, which repair shall include, but occupancy in connection with Landlord’s entering to make repairs. (f) In the event Tenant shall not proceed promptly and diligently to make any repairs or perform any obligation imposed upon it by this Section 4 within ten (10) days after receiving written notice from Landlord to make such repairs or perform such obligation (unless such repairs or obligation is of such nature that it cannot be limited tocured within such ten (10) day period, in which case Tenant shall have such longer period of time as is required, provided that Tenant shall diligently prosecute such repairs or perform such obligation), then and in such event, Landlord, may, at its option, enter the patching Premises and filling do and perform the things specified in said notice, without liability on the part of holesLandlord for any loss or damage resulting from any such action by Landlord and Tenant agrees to pay promptly upon demand any cost or expense incurred by Landlord in taking such action, repairing including an administrative fee equal to 10% of the floor, and repair of structural damagecost or expense incurred.

Appears in 2 contracts

Samples: Office Lease (Bioanalytical Systems Inc), Office Lease (Bioanalytical Systems Inc)

CARE OF PREMISES. Tenant has inspected and accepts (a) Mortgagor will keep the Premises in its present good condition and shall keep repair, will not commit or suffer any waste and maintain will not do or suffer to be done anything which will increase the risk of fire or other hazard to the Premises or any part thereof or which would or could result in the cancellation of any insurance policy carried with respect to the Premises. (b) Mortgagor will not construct any improvements on the Premises nor remove, demolish or alter the design or structural character of any building, fixture, chattel or other part of the Premises without the prior written consent of Lender, and Mortgagor will not permit the Parking Lot removal, demolition or alteration of any Improvements. Mortgagor shall not take any action to rezone the Premises nor shall Mortgagor impose any restrictions, agreements or liabilities upon the Premises without, in each case, the prior written consent of Lender. (c) If the Premises or any part thereof is damaged by fire, windstorm, flood or other cause, Mortgagor will give immediate oral and written notices of the same to Lender. (d) Lender is hereby authorized and empowered to enter and to authorize others to enter upon any or all tenant improvements in goodof the Premises, safe at any reasonable time and sanitary condition and appearance and from time to time, to inspect the same, to perform or observe any covenants, conditions or terms which Mortgagor shall permit no wastefail to perform, damagemeet or comply with, or injury for any other purpose in connection with the protection or preservation of Lender’s security, without thereby becoming liable to Mortgagor or any person in possession holding under Mortgagor. Mortgagor agrees that it will open and cause its agents, managers, operators, tenants or lessees to open to Lender all areas within the Premises reasonably necessary or convenient with respect to the requirements hereof, and Mortgagor represents that each lease of the Premises provides reasonable inspection rights to Mortgagor which may be exercised by Lender. (e) Mortgagor will promptly comply with all present and future laws, ordinances, rules and regulations of any governmental authority affecting the Premises or any part thereof. Mortgagor shall also comply with all restrictions, agreements or obligations binding upon Mortgagor, the Premises, the Parking Lot Land or any portion thereof. (f) If all or any part of the tenant improvements Premises shall be damaged by fire or other casualty, Mortgagor will promptly restore the Premises to the equivalent of its original condition and if a part of the Premises shall be taken through condemnation, Mortgagor will promptly restore, repair or alter the remaining portions of the Premises in a manner satisfactory to Lender. Notwithstanding the foregoing, Mortgagor shall not be obligated so to restore, repair or alter unless in each instance, Lender agrees to make available to Mortgagor (normal wear and tearpursuant to a procedure satisfactory to Lender) any net insurance or condemnation proceeds actually received by Lender hereunder in connection with such casualty loss or condemnation, damage due to the extent such proceeds are required to defray the expense of such restoration, repair or alteration; provided, however, that the insufficiency of any such insurance or condemnation proceeds to defray the entire expense of restoration, repair or alteration shall in no way relieve Mortgagor of its obligation to restore, repair or alter. In the event all or any portion of the Premises shall be damaged or destroyed by fire, windstorm, flood or other casualty or by condemnation, Mortgagor shall promptly deposit with Lender a sum equal to the amount by which the estimated cost of the restoration of the Premises (as determined by Lender in its good faith judgment) exceeds the actual net insurance or condemnation proceeds with respect to such damage or destruction. (g) Notwithstanding the provisions of Sections 1.5 and any condition 1.6 hereof to the contrary, in the Parking Lot event that any portion or portions of the Premises are damaged or destroyed by fire or by any other casualty, or are the subject of a “de minimis” (for purposes of this Section 1.7(g) the term “de minimis” shall mean an amount, as determined by Lender in its sole discretion, which does not caused adversely affect the actual use of the Improvements) condemnation, and such damage, destruction, or condemnation results in the need for repair, rebuilding, or restoration work to be performed on the Premises (such repair, rebuilding, or restoration is referred to herein as the “Work”), Lender shall allow Mortgagor to use the amount by Tenant which the proceeds of all insurance policies, judgments, settlements, or Tenant’s officersawards collected with respect to such damage, directorsdestruction, employeesor condemnation (except such amounts as are attributable to a loss of rents) exceed the cost, agentsif any, contractorsto Lender for the recovery of such proceeds (said net amount is defined herein as the “Reconstruction Funds”), licensees to perform the Work, so long as the following conditions have been met: (i) No Event of Default exists hereunder, under the Note, or invitees excepted)under any other of the Loan Documents; (ii) Mortgagor shall have delivered evidence satisfactory to Lender that the Improvements may be reconstructed in accordance with all applicable zoning and building codes, and all rules, regulations, and ordinances of governmental authorities and that, upon completion of the Work, the condition of the Improvements will be at least equal in value and general utility to that which existed immediately prior to such casualty or condemnation; (iii) Mortgagor shall have delivered evidence satisfactory to Lender that sufficient funds, including the Reconstruction Funds, are available to perform the Work and that the Work is capable of completion at least three (3) months prior to the maturity date of the Note; (iv) Mortgagor shall have delivered evidence satisfactory to Lender that business interruption or income insurance proceeds payable to Mortgagor as a result of the damage or destruction, or income from the Improvements, or that sources other than the Reconstruction Funds, are sufficient to cover payments of debt service, costs, and expenses under and in connection with the Note during the period the Work is to be performed; (v) Lender shall be satisfied, in its sole discretion, that the Work can be completed and the Improvements can be ready for occupancy at least three (3) months prior to the maturity of the Note; (vi) All parties having existing or expected possessory interest in the Premises agree in a manner satisfactory to Lender that they will continue or extend their intent and arrangements for the contract terms then in effect following the work or are otherwise required to do so under the terms of their respective contracts; (vii) All parties having operating, management, or franchise interests in or arrangements concerning the Property agree that they will continue their interests and arrangements for the contract terms then in effect following the Work; (viii) The cost of the Restoration Work does not exceed 50% of the value of the Improvements immediately prior to the damage, destruction or condemnation; and (ix) Lender shall be satisfied that it will not incur any liability to any other person as a result of such use or release of insurance proceeds. In the event that the conditions set forth in Section 1.7(g) above are satisfied, Lender shall make the Reconstruction Funds available to Mortgagor for the Work only under the following procedures, terms, and conditions: 1. Mortgagor shall execute and deliver to Lender a copy of a contract with a licensed contractor acceptable to Lender setting forth a fixed price for the Work and a completion date that acceptable to Lender and that is at least three (3) months prior to the maturity date of the Note; 2. Mortgagor shall demonstrate to Lender that the Reconstruction Funds are at least equal to the fixed price of the Work as set forth in said contract or shall deposit with Lender funds in the amount by which such fixed price exceeds the Reconstruction Funds; 3. The Premises Work shall be supervised by an architect or engineer and the Parking Lot performed in accordance with plans and specifications prepared by such architect or engineer and approved by Lender; 4. The Reconstruction Funds, plus any additional funds deposited by Mortgagor, shall at all times be kept received and used held by the Tenant Lender and disbursed in accordance with the laws, ordinances terms and regulations of all governmental agencies having jurisdiction over the Premises. The Building and all common areas thereto shall at all times be maintained conditions used by Landlord Lender in accordance connection with the lawsa loan disbursing agreement to be prepared by Lender and Mortgagor’s expense, ordinances and regulations Mortgagor shall reimburse Lender for costs and expenses incurred in connection with such disbursements; 5. Upon completion of all governmental agencies having jurisdiction thereto. Tenant shall not use or knowlingly permit in and final payment for the PremisesWork, Building or Parking Lot any activity that is illegalremaining Reconstruction Funds shall, dangerous at the option of Lender, be applied to the life indebtedness and obligations secured by this Mortgage (whether or limb not then due) in such order as Lender shall elect or overload the floors of the Building beyond the loads existing at this time, or permit any objectionable noise or odor paid over to escape from the Premises. Tenant shall not do or knowingly permit to be done on the Premises or the Parking Lot anything that will increase the rate of insurance on the Premises Mortgagor; provided, however, Landlord represents that in either event, any remaining additional funds deposited by Mortgagor for excess costs shall be refunded to Mortgagor; and 6. Mortgagor shall otherwise comply with the terms and warrants to Tenant that Tenant’s express rights pursuant to Section 2 conditions of this Lease will not result in increased insurance rates. Tenant shall keep the Premises Mortgage and the Parking Lot clean and in sanitary condition, and in compliance with other Loan Documents during the regulations performance of the Board Work. In the event any one or more of Health and City of Seattle Fire Department. Notwithstanding anything the conditions set forth in this Lease Section 1.7(g) is at any time not satisfied, Lender may elect, in its discretion, to apply the Reconstruction Funds to the contraryindebtedness and obligations secured hereby, Tenant whether or not clue, in such manner as Lender shall have no obligation or liability with respect to elect. Without limiting the condition generality of the Parking Lot foregoing, if an Event of Default shall exist and be continuing hereunder, or if Mortgagor shall fail diligently to pursue and complete the Work, Lender may, in its sole discretion, apply any activities therein except to undisbursed Reconstruction Funds and any of Mortgagor’s deposits against the extent caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees. At the end balance of the term of this Lease indebtedness and obligations secured hereby, whether or upon earlier termination of the Leasenot due, Tenant in such manner as Lender shall deliver the Premises, the Parking Lot and the tenant improvements to Landlord in good and sound condition and appearance as received, broom clean, ordinary wear and tear and damage due to casualty or condemnation excepted. Tenant shall repair any damage to the Premises or the Parking Lot occasioned by its use thereof, or by the removal of Tenant’s trade fixtures, furnishings and equipment, which repair shall include, but shall not be limited to, the patching and filling of holes, repairing the floor, and repair of structural damageelect.

Appears in 2 contracts

Samples: Mortgage and Security Agreement (American Leisure Holdings, Inc.), Mortgage and Security Agreement (American Leisure Holdings, Inc.)

CARE OF PREMISES. Tenant has inspected and accepts All waste materials of any kind, caused by or put on the Premises leased premises by the Lessee, shall be removed from the premises by the Lessee at his sole expense. As used in its present condition and shall keep and maintain the Premises and the Parking Lot and all tenant improvements in good, safe and sanitary condition and appearance and shall permit no waste, damage, or injury to the Premisesthis Lease, the Parking Lot term "Hazardous Material" means any substances defined as or included in the definition of "hazardous substances", "hazardous wastes", "hazardous materials" or "toxic substances" now or subsequently regulated under any applicable federal, state or local laws or regulations and including any different products and materials which are found to have adverse effects on the environment or the tenant improvements (normal wear health and tearsafety of persons. Lessee shall not cause or permit any Hazardous Material to be generated, damage due to casualty produced, brought upon, used, stored, treated or condemnation and any condition disposed of in or about the Parking Lot not caused Property by Tenant or Tenant’s officersLessee, directorsits agents, employees, agents, contractors, licensees sub-lessees, or invitees excepted)without the prior written consent of Lessor. In no event, however, shall Lessor be required to consent to the installation or use of any storage tanks on the property. The Premises and area around the Parking Lot shall at all times outside of the building will be kept in an orderly manner and used no waste products will be allowed to accumulate. Lessor represents that Lessor has not treated, stored, generated or disposed of any Hazardous Material upon, under, about or within the Leased Premises and, to the best of Lessor's knowledge, no Hazardous Material are present on or under the leased premises as of the commencement date of this Lease. Lessor shall and does hereby indemnify Lessee and hold Lessee harmless from and against any and all expenses, losses and liabilities suffered by the Tenant in accordance with the laws, ordinances and regulations Lessee as result of all a governmental agencies authority having jurisdiction over ordering a cleanup, removal or other redemption by Lessee for any Hazardous Materials located on, under or about the PremisesLeased Premises caused by Lessor and/or any prior owner, lessor or lessee. The Building Lessee shall not commit, or suffer to be committed, any waste upon the Leased Premises, or any public or private nuisance; and all common areas thereto shall at all times be maintained by Landlord in accordance with the laws, ordinances and regulations of all governmental agencies having jurisdiction thereto. Tenant shall not use said premises or knowlingly permit in suffer the Premises, Building or Parking Lot same to be used for any activity that is illegal, dangerous to the life or limb or overload the floors of the Building beyond the loads existing at this time, or permit any objectionable noise or odor to escape from the Premisesunlawful purpose. Tenant Lessee shall not do or knowingly permit to be done any act which will void or suspend any insurance policy covering the Leased Premises, or any part thereof or any appurtenant or fixture thereto or property thereon or the building in which the Leased Premises are located. Lessee shall not do or permit to be done anything on the Leased Premises which would constitute an unreasonable annoyance to adjoining tenants, except for those acts specifically allowable by Lessor as a Permitted Use established in the M Zone, or which would injure the Parking Lot reputation of the leased premises, and Lessee shall not do or permit to be done anything which will weaken the structural strength of the building where the leased premises are located. Lessee covenants and agrees that Lessee has inspected the leased premises and hereby accepts the safety and conditions of the same and Lessor makes no covenant or representation as to the suitability of the leased premises for any purpose except for those established in the M Zone. Lessee has a (30) thirty day period during which to notify lessor of any deficiency within the premises and Lessor subsequently agrees to repair or restore such deficiency within thirty (30) days of receipt of such notice by Lessee, or, if more than thirty (30) days is required to restore or repair, Lessor shall have begun such restoration or repair within thirty (30) days and will increase the rate diligently pursue such restoration or repair to completion. As to a newly improved areas, Lessee shall have an additional thirty (30) days to notify Lessor of insurance any deficiency in such improvements. Lessee shall not make any alterations of any kind whatsoever on the Premises provided, however, Landlord represents and warrants to Tenant that Tenant’s express rights pursuant to Section 2 of this Lease will not result in increased insurance rates. Tenant shall keep the Premises and the Parking Lot clean and in sanitary condition, and in compliance with the regulations of the Board of Health and City of Seattle Fire Department. Notwithstanding anything in this Lease to the contrary, Tenant shall have no obligation or liability with respect to the condition of the Parking Lot leased premises or any activities therein except to the extent caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees. At the end of part thereof during the term of this Lease or upon earlier termination lease unless the written consent of the LeaseLessor shall be first had and obtained, Tenant shall deliver the Premises, the Parking Lot and the tenant improvements such consent not to Landlord in good and sound condition and appearance as received, broom clean, ordinary wear and tear and damage due to casualty be unreasonably withheld or condemnation excepted. Tenant shall repair any damage to the Premises or the Parking Lot occasioned by its use thereof, or by the removal of Tenant’s trade fixtures, furnishings and equipment, which repair shall include, but shall not be limited to, the patching and filling of holes, repairing the floor, and repair of structural damagedelayed.

Appears in 1 contract

Samples: Lease Agreement (Ecollege Com)

CARE OF PREMISES. The Tenant has inspected shall not perform any acts or carry on any practices which may seriously damage the Premises, and accepts shall keep Premises under its control (including adjoining drives, streets, alleys or yards) clean and free from rubbish, dirt and ashes at all times, and it is further agreed that in the event the Tenant shall not comply with these provisions, the Landlord may enter upon the Premises and have rubbish, dirt and ashes removed and the side walks cleaned, in which event the Tenant agrees to pay all charges that the Landlord shall pay for hauling rubbish, ashes and dirt, or cleaning walks. Said charges shall be paid to the Landlord by the Tenant as additional rent as soon as xxxx is presented to him. Subject to the rent calculation in section 5(b)(iii) for capital improvements, Tenant shall reimburse Landlord for the reasonable costs and expenses of every kind and nature paid or incurred by Landlord in operating, replacing and maintaining the Premises in its present condition a proper manner with the exception of those expenses relating to the roof, foundation, and outer walls,. The Landlord shall keep and maintain the Premises provide copies of all such bills, and the Parking Lot Tenant will reimburse the Landlord within thirty (30) days of receipt and all tenant improvements in goodsuch amounts shall be considered additional rent. (a) The Landlord has exclusive right to select the landscape contractor at Tenant's expense. Landscaping will include 5 fertilizing treatments per year, safe weeding, replacement of all trees and sanitary condition shrubs and appearance and shall permit no waste, damage, or injury to the Premises, the Parking Lot or the tenant improvements (normal wear and tear, damage due to casualty or condemnation and any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted)mulch replacement. The Premises and Tenant agrees to reimburse the Parking Lot shall Landlord at all times be kept and used by the Tenant in accordance with the laws, ordinances and regulations cost within thirty (30) days of all governmental agencies having jurisdiction over the Premises. The Building and all common areas thereto shall at all times be maintained by Landlord in accordance with the laws, ordinances and regulations receipt of all governmental agencies having jurisdiction thereto. Tenant shall not use or knowlingly permit in the Premises, Building or Parking Lot any activity that is illegal, dangerous to the life or limb or overload the floors invoice (Copies of the Building beyond the loads existing at this time, or permit any objectionable noise or odor to escape from the Premises. Tenant shall not do or knowingly permit bills to be done on the Premises or the Parking Lot anything that will increase the rate of insurance on the Premises provided, however, Landlord represents ). (b) Tenant is solely responsible for snow and warrants to Tenant that Tenant’s express rights pursuant to Section 2 of this Lease will not result in increased insurance rates. Tenant shall keep the Premises and the Parking Lot clean and in sanitary condition, and in compliance with the regulations of the Board of Health and City of Seattle Fire Department. Notwithstanding anything in this Lease to the contrary, Tenant shall have no obligation or liability with respect to the condition of the Parking Lot or any activities therein except to the extent caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees. At the end of the term of this Lease or upon earlier termination of the Lease, Tenant shall deliver the Premises, the Parking Lot and the tenant improvements to Landlord in good and sound condition and appearance as received, broom clean, ordinary wear and tear and damage due to casualty or condemnation excepted. Tenant shall repair any damage to the Premises or the Parking Lot occasioned by its use thereof, or by the removal of Tenant’s trade fixtures, furnishings and equipment, which repair shall include, but shall not be limited to, the patching and filling of holes, repairing the floor, and repair of structural damageice removal.

Appears in 1 contract

Samples: Business Property Lease (Power Efficiency Corp)

CARE OF PREMISES. This Lease shall be deemed and construed to be an "absolute net lease." Tenant has inspected shall, at its sole cost and accepts expense, keep the Premises or arrange with its management agent to keep the Premises in its present a working, neat, clean, sanitary, safe condition and repair, and shall keep and maintain or cause its management company to keep the Premises and the Parking Lot and all tenant improvements in good, safe and sanitary condition and appearance and shall permit no waste, damage, free from debris or injury to the Premises, the Parking Lot or the tenant improvements (normal wear and tear, damage due to casualty or condemnation and any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted). The Premises and the Parking Lot shall at all times be kept and used by the Tenant in accordance with the laws, ordinances and regulations of all governmental agencies having jurisdiction over the Premises. The Building and all common areas thereto shall at all times be maintained by Landlord in accordance with the laws, ordinances and regulations of all governmental agencies having jurisdiction theretotrash buildup. Tenant shall not use make or knowlingly permit in cause its management company to make all repairs or replacements thereon or thereto, whether ordinary or extraordinary. Without limiting the Premisesforegoing, Building or Parking Lot any activity that is illegalTenant’s obligations hereunder shall include the maintenance, dangerous to the life or limb or overload the floors repair and replacement of the Building beyond foundation, roof (including roof membrane), walls and all other structural components of the loads existing at this timeBuilding; all heating, ventilation, air conditioning, plumbing, electrical, mechanical, utility and safety systems serving the Building or permit any objectionable noise or odor to escape from Premises; the parking areas, roads and driveways located on the Premises; maintenance of exterior areas such as gardening and landscaping; snow removal and signage; maintenance and repair of flashings, gutters, downspouts, roof drains, skylights (and waterproofing around same); and painting. Tenant Landlord shall not do be required to furnish any services or knowingly permit facilities or to be done make any repairs, replacements or alterations of any kind in or on the Premises but Landlord shall make available to Tenant all warranties obtained by Landlord for the Construction Work (as defined in the Purchase Agreement) and for any other alterations or improvements at the Premises or the Parking Lot anything that Building and will increase the rate of insurance on the Premises providedreasonably cooperate with Tenant, howeverat no or minimal cost to Landlord, Landlord represents and warrants to Tenant that following Tenant’s express request in the event enforcement of Landlord’s rights pursuant to Section 2 of this Lease will not result in increased insurance ratesthereunder shall be required. Tenant shall keep receive all invoices and bills relative to the Premises and and, except as otherwise provided herein, shall pay for all expenses directly to the Parking Lot clean and in sanitary condition, and in compliance with person or company submitting a xxxx without first having to forward payment for the regulations of the Board of Health and City of Seattle Fire Departmentexpenses to Landlord. Notwithstanding anything Except as otherwise provided in this Lease to the contrary, Tenant shall have no obligation or liability with respect to the condition of the Parking Lot or any activities therein except to the extent caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees. At the end of the term of this Lease or upon earlier termination of the Lease, Tenant shall deliver hereby expressly waives the Premises, right to make repairs at the Parking Lot and expense of Landlord as provided for in any Applicable Laws in effect at the tenant improvements to Landlord in good and sound condition and appearance as received, broom clean, ordinary wear and tear and damage due to casualty or condemnation excepted. Tenant shall repair any damage to the Premises or the Parking Lot occasioned by its use thereoftime of execution of this Lease, or by the removal of Tenant’s trade fixtures, furnishings and equipment, which repair shall include, but shall not in any other Applicable Laws that may hereafter be limited to, the patching and filling of holes, repairing the floorenacted, and repair of structural damagewaives its rights under Applicable Laws relating to a landlord's duty to maintain its premises in a tenantable condition.

Appears in 1 contract

Samples: Lease Agreement (Innovative Industrial Properties Inc)

CARE OF PREMISES. Tenant has inspected and accepts All waste materials of any kind, caused by or put on the Premises leased premises by the Lessee, shall be removed from the premises by the Lessee at his sole expense. As used in its present condition and shall keep and maintain the Premises and the Parking Lot and all tenant improvements in good, safe and sanitary condition and appearance and shall permit no waste, damage, or injury to the Premisesthis Lease, the Parking Lot term "Hazardous Material" means any substances defined as or included in the definition of "hazardous substances", "hazardous wastes", "hazardous materials" or "toxic substances" now or subsequently regulated under any applicable federal, state or local laws or regulations and including any different products and materials which are found to have adverse effects on the environment or the tenant improvements (normal wear health and tearsafety of persons. Lessee shall not cause or permit any Hazardous Material to be generated, damage due to casualty produced, brought upon, used, stored, treated or condemnation and any condition disposed of in or about the Parking Lot not caused Property by Tenant or Tenant’s officersLessee, directorsits agents, employees, agents, contractors, licensees sub-lessees, or invitees excepted)without the prior written consent of Lessor. In no event, however, shall Lessor be required to consent to the installation or use of any storage tanks on the property. The Premises and area around the Parking Lot shall at all times outside of the building will be kept in an orderly manner and used no waste products will be allowed to accumulate. Lessor represents that Lessor has not treated, stored, generated or disposed of any Hazardous Material upon, under, about or within the Leased Premises and, to the best of Lessor’s knowledge, no Hazardous Material are present on or under the leased premises as of the commencement date of this Lease. Lessor shall and does hereby indemnify Lessee and hold Lessee harmless from and against any and all expenses, losses and liabilities suffered by the Tenant in accordance with the laws, ordinances and regulations Lessee as result of all a governmental agencies authority having jurisdiction over ordering a cleanup, removal or other redemption by Lessee for any Hazardous Materials located on, under or about the PremisesLeased Premises caused by Lessor and/or any prior owner, lessor or lessee. The Building Lessee shall not commit, or suffer to be committed, any waste upon the Leased Premises, or any public or private nuisance; and all common areas thereto shall at all times be maintained by Landlord in accordance with the laws, ordinances and regulations of all governmental agencies having jurisdiction thereto. Tenant shall not use said premises or knowlingly permit in suffer the Premises, Building or Parking Lot same to be used for any activity that is illegal, dangerous to the life or limb or overload the floors of the Building beyond the loads existing at this time, or permit any objectionable noise or odor to escape from the Premisesunlawful purpose. Tenant Lessee shall not do or knowingly permit to be done any act which will void or suspend any insurance policy covering the Leased Premises, or any part thereof or any appurtenant or fixture thereto or property thereon or the building in which the Leased Premises are located. Lessee shall not do or permit to be done anything on the Leased Premises which would constitute an unreasonable annoyance to adjoining tenants, except for those acts specifically allowable by Lessor as a Permitted Use established in the M Zone, or which would injure the Parking Lot reputation of the leased premises, and Lessee shall not do or permit to be done anything which will weaken the structural strength of the building where the leased premises are located. Lessee covenants and agrees that Lessee has inspected the leased premises and hereby accepts the safety and conditions of the same and Lessor makes no covenant or representation as to the suitability of the leased premises for any purpose except for those established in the M Zone. Lessee has a (30)thirty day period during which to notify lessor of any deficiency within the premises and Lessor subsequently agrees to repair or restore such deficiency within thirty (30) days of receipt of such notice by Lessee, or, if more than thirty (30) days is required to restore or repair, Lessor shall have begun such restoration or repair within thirty (30) days and will increase the rate diligently pursue such restoration or repair to completion. As to a newly improved areas, Lessee shall have an additional thirty (30) days to notify Lessor of insurance any deficiency in such improvements. Lessee shall not make any alterations of any kind whatsoever on the Premises provided, however, Landlord represents and warrants to Tenant that Tenant’s express rights pursuant to Section 2 of this Lease will not result in increased insurance rates. Tenant shall keep the Premises and the Parking Lot clean and in sanitary condition, and in compliance with the regulations of the Board of Health and City of Seattle Fire Department. Notwithstanding anything in this Lease to the contrary, Tenant shall have no obligation or liability with respect to the condition of the Parking Lot leased premises or any activities therein except to the extent caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees. At the end of part thereof during the term of this Lease or upon earlier termination lease unless the written consent of the LeaseLessor shall be first had and obtained, Tenant shall deliver the Premises, the Parking Lot and the tenant improvements such consent not to Landlord in good and sound condition and appearance as received, broom clean, ordinary wear and tear and damage due to casualty be unreasonably withheld or condemnation excepted. Tenant shall repair any damage to the Premises or the Parking Lot occasioned by its use thereof, or by the removal of Tenant’s trade fixtures, furnishings and equipment, which repair shall include, but shall not be limited to, the patching and filling of holes, repairing the floor, and repair of structural damagedelayed.

Appears in 1 contract

Samples: Lease Agreement (Ecollege Com)

CARE OF PREMISES. Tenant has inspected Landlord shall perform all normal maintenance and accepts the Premises in its present condition and shall keep and repairs reasonably determined by Landlord as necessary to maintain the Premises and the Parking Lot and all tenant improvements in good, safe and sanitary condition and appearance and Building as a first-class office building; provided that Landlord shall permit no waste, damage, not be required to maintain or injury to the Premises, the Parking Lot or the tenant improvements (normal wear and tear, damage due to casualty or condemnation and repair any condition in the Parking Lot not caused by property of Tenant or Tenant’s officersany appliances (such as refrigerators, directorswater heaters, employeesmicrowave ovens, agents, contractors, licensees or invitees excepted). The Premises and the Parking Lot shall at all times be kept and used by the Tenant in accordance with the laws, ordinances and regulations like) which are part of all governmental agencies having jurisdiction over the Premises. The Building and all common areas thereto shall at all times be maintained by Landlord in accordance with the laws, ordinances and regulations of all governmental agencies having jurisdiction thereto. Tenant shall not use or knowlingly permit in the Premises, Building or Parking Lot any activity that is illegal, dangerous to the life or limb or overload the floors take good care of the Building beyond the loads existing at this time, or permit any objectionable noise or odor to escape from the Premises. Tenant shall not do make any alterations, additions or knowingly permit improvements ("Alterations") in or to be done the Premises, or make changes to locks on doors, or add, disturb or in any way change any plumbing or wiring ("Changes") without first obtaining the written consent of Landlord and, where appropriate, in accordance with plans and specifications reasonably approved by Landlord. As a condition to its approval imposed at the time such approval is given, Landlord may require Tenant to remove such Alterations or Changes upon the expiration or earlier termination of the Term and to restore the Premises to the condition they were in prior to such Alterations or the Parking Lot anything that will increase the rate of insurance on the Premises Changes, including restoring any damage resulting from such removal, all at Tenant's Expense; provided, however, Landlord represents that Tenant shall not be required to remove Tenant's initial Tenant Improvements made pursuant to Exhibit ------- B. Any Alterations or Changes required to be made to Tenant's Premises by any - amendment to any applicable building, health, safety, fire, nondiscrimination, or similar law or regulation ("law"), or any new law shall be made at Tenant's sole expense and warrants shall be subject to Tenant the prior written consent of Landlord; provided, however, any such alterations or changes that Tenant’s express rights constitute a Capital Cost that may be included in Operating Costs pursuant to Section 2 of this Lease will 10(b)(ii) above shall not result be Tenant's sole expense, but shall be included in increased insurance ratesOperating Costs. Tenant shall keep the Premises reimburse Landlord for any reasonable sums expended for examination and the Parking Lot clean and in sanitary condition, and in compliance with the regulations approval of the Board of Health architectural and City of Seattle Fire Department. Notwithstanding anything in this Lease to the contrary, Tenant shall have no obligation or liability with respect to the condition mechanical plans and specifications of the Parking Lot Alterations and Changes and direct costs reasonably incurred during any inspection or any activities therein except to the extent caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees. At the end supervision of the term of this Lease Alterations or upon earlier termination of the Lease, Tenant shall deliver the Premises, the Parking Lot and the tenant improvements to Landlord in good and sound condition and appearance as received, broom clean, ordinary wear and tear and Changes. All damage due to casualty or condemnation excepted. Tenant shall repair any damage injury done to the Premises or the Parking Lot occasioned Building by its use thereof, Tenant or by any persons who may be in or upon the removal Premises or (with respect to damage to the Building) by Tenant officers, employees, contractors, agents, invitees or licensees, including but not limited to the cracking or breaking of any glass of windows and doors, shall be paid for by Tenant’s trade fixtures, furnishings . Landlord shall cooperate with Tenant to the extent reasonably possible to schedule janitorial service to the Premises between the hours of 6:00 p.m. and equipment, which repair shall include, but shall not be limited to, the patching and filling of holes, repairing the floor, and repair of structural damage.8:00 p.m.

Appears in 1 contract

Samples: Lease Agreement (Avenue a Inc)

CARE OF PREMISES. Tenant has inspected (a) Borrower will keep the buildings, parking areas, roads and accepts walkways, recreational facilities, landscaping and all other improvements of any kind now or hereafter erected on the Land or any part thereof in good condition and repair, will not commit or suffer any waste and will not do or suffer to be done anything which would or could increase the risk of fire or other hazard to the Premises or any other part thereof or which would or could result in the cancellation of any insurance policy carried with respect to the Premises. (b) Borrower will not remove, demolish or alter the structural character of any improvement located on the Land without the written consent of Lender. (c) If the Premises or any part thereof is damaged by fire or other cause, Borrower will give immediate written notice thereof to Lender. (d) Lender or its representative is hereby authorized to enter upon and inspect the Premises at any time during normal business hours. (e) Borrower will promptly comply with all present and future laws, ordinances, rules and regulations of any governmental authority affecting the Premises or any part thereof. (f) If all or any part of the Premises shall be damaged by fire or other casualty, Borrower will promptly restore the Premises to the equivalent of its original condition; and if a part of the Premises shall be damaged through condemnation, Borrower will promptly restore, repair or alter the remaining portions of the Premises in its present condition and a manner reasonably satisfactory to Lender. Notwithstanding the foregoing, Borrower shall keep and maintain the Premises and the Parking Lot and all tenant improvements not be obligated so to restore, repair or alter unless in goodeach instance, safe and sanitary condition and appearance and shall permit no wasteLender agrees to make available to Borrower (pursuant to a procedure satisfactory to Lender) any net insurance or condemnation proceeds actually received by Lender hereunder in connection with such casualty loss or condemnation, damage, or injury to the Premisesextent such proceeds are required to defray the expense of such restoration, the Parking Lot repair or the tenant improvements (normal wear and tear, damage due to casualty or condemnation and any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted). The Premises and the Parking Lot shall at all times be kept and used by the Tenant in accordance with the laws, ordinances and regulations of all governmental agencies having jurisdiction over the Premises. The Building and all common areas thereto shall at all times be maintained by Landlord in accordance with the laws, ordinances and regulations of all governmental agencies having jurisdiction thereto. Tenant shall not use or knowlingly permit in the Premises, Building or Parking Lot any activity that is illegal, dangerous to the life or limb or overload the floors of the Building beyond the loads existing at this time, or permit any objectionable noise or odor to escape from the Premises. Tenant shall not do or knowingly permit to be done on the Premises or the Parking Lot anything that will increase the rate of insurance on the Premises alteration; provided, however, Landlord represents and warrants that the insufficiency of any such insurance or condemnation proceeds to Tenant that Tenant’s express rights pursuant defray the entire expense of restoration, repair or alteration shall in no way relieve Borrower of its obligation to Section 2 restore, repair or alter. In the event all or any portion of this Lease will not result in increased insurance rates. Tenant shall keep the Premises and shall be damaged or destroyed by fire or other casualty or by condemnation, Borrower shall promptly deposit with Lender a sum equal to the Parking Lot clean and in sanitary condition, and in compliance with amount by which the regulations estimated cost of the Board restoration of Health and City of Seattle Fire Department. Notwithstanding anything the Premises (as determined by Lender in this Lease to its good faith judgment) exceeds the contrary, Tenant shall have no obligation actual net insurance or liability condemnation proceeds with respect to the condition of the Parking Lot such damage or any activities therein except to the extent caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees. At the end of the term of this Lease or upon earlier termination of the Lease, Tenant shall deliver the Premises, the Parking Lot and the tenant improvements to Landlord in good and sound condition and appearance as received, broom clean, ordinary wear and tear and damage due to casualty or condemnation excepted. Tenant shall repair any damage to the Premises or the Parking Lot occasioned by its use thereof, or by the removal of Tenant’s trade fixtures, furnishings and equipment, which repair shall include, but shall not be limited to, the patching and filling of holes, repairing the floor, and repair of structural damagedestruction.

Appears in 1 contract

Samples: Deed to Secure Debt and Security Agreement (Adcare Health Systems Inc)

CARE OF PREMISES. Tenant has inspected Mortgagor hereby convenants and accepts agrees as follows: (a) Mortgagor will keep the Premises buildings, parking areas, roads and walkways, recreational facilities, landscaping and all other improvements of any kind now or hereafter erected on the Land or any part thereof (including, without limitation, the golf course), and the fixtures, furnishings and equipment therein and thereon, in its present good condition and shall keep and maintain the Premises and the Parking Lot and all tenant improvements in good, safe and sanitary condition and appearance and shall permit no waste, damage, or injury to the Premises, the Parking Lot or the tenant improvements repair (normal wear and tear, damage due to casualty or condemnation and any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees tear excepted). The , will not commit or suffer any waste and will not do or suffer to be done anything which will increase the risk of fire or other hazard to the Premises or any part thereof. (b) Mortgagor will not remove or demolish or alter the structural character of any Improvement located on the Land without the written consent of Mortgagee. (c) If the Premises or any part thereof is damaged by fire or any other cause and the Parking Lot amount of the damage exceeds Ten Thousand and 00/100 Dollars ($10,000), Mortgagor will give immediate written notice thereof to Mortgagee. (d) Mortgagee and its representatives are hereby authorized to enter upon and inspect the Premises at any time during normal business hours or, after the occurrence of an Event of Default, at any time. (e) Mortgagor will promptly comply with all present and future laws, ordinances, rules and regulations of any governmental authority affecting the Premises or any part thereof. Mortgagor will deliver to Mortgagee, within ten (10) days after Mortgagor's receipt thereof, copies of any additional governmental permits or approvals or disapprovals or notices issued with regard to the Premises or any portion thereof. (f) If all or any part of the Premises shall at all times be kept damaged by fire or other casualty, Mortgagor will promptly restore the Premises to the equivalent of its original condition or better , and used if a part of the Premises shall be damaged through condemnation, Mortgagor will promptly restore, repair or alter the remaining portions of the Premises to a facility which is comparable to the preexisting facility in terms of overall usable square footage and type of functions served by such facility, which new facility shall be constructed with the Tenant same or better quality of materials and workmanship as the preexisting facility and shall be constructed in accordance with the laws, ordinances and regulations of all governmental agencies having jurisdiction over the Premises. The Building and all common areas thereto shall at all times be maintained by Landlord in accordance with the laws, ordinances and regulations of all governmental agencies having jurisdiction thereto. Tenant shall not use or knowlingly permit in the Premises, Building or Parking Lot any activity that is illegal, dangerous to the life or limb or overload the floors applicable requirements of the Building beyond then existing zoning and building codes and other applicable laws and market considerations. All repair and restoration shall be diligently prosecuted to completion by Mortgagor and shall be completed within six (6) months after the loads existing at this time, original damage or permit any objectionable noise or odor to escape from the Premises. Tenant shall not do or knowingly permit to be done on the Premises or the Parking Lot anything that will increase the rate of insurance on the Premises destruction provided, however, Landlord represents that if Mortgagor diligently pursues completion of all repair and warrants restoration throughout said six (6) month period but is unable to Tenant that Tenant’s express rights complete the work during such time period, Mortgagor shall have an additional, reasonable period of time in which to complete such work, in no event to exceed an additional six (6) months. Notwithstanding the foregoing, Mortgagor shall not be obligated to so restore unless in each instance, the Mortgagee agrees to make available to Mortgagor (pursuant to Section 2 of this Lease will not result a procedure satisfactory to Mortgagee in increased its sole and absolute discretion) any net insurance rates. Tenant shall keep or condemnation proceeds actually received by the Premises and the Parking Lot clean and Mortgagee hereunder in sanitary conditionconnection with such casualty loss or condemnation, and in compliance with the regulations of the Board of Health and City of Seattle Fire Department. Notwithstanding anything in this Lease to the contrary, Tenant shall have no obligation or liability with respect to the condition of the Parking Lot or any activities therein except to the extent caused by Tenant such proceeds are required to defray the expense of such restoration. In no event shall the unavailability or Tenant’s officers, directors, employees, agents, contractors, licensees insufficiency of any such insurance or inviteescondemnation proceeds to defray the entire expense of restoration in any way relieve Mortgagor of its obligation to restore. At In the end event all or any portion of the term Premises shall be damaged or destroyed by fire or other casualty or by condemnation, Mortgagor shall promptly deposit with the Mortgagee a sum equal to the amount by which an architect's estimate (acceptable to Mortgagee in its sole discretion) of this Lease or upon earlier termination cost of the Lease, Tenant shall deliver restoration of the Premises, Premises exceeds the Parking Lot and the tenant improvements to Landlord in good and sound condition and appearance as received, broom clean, ordinary wear and tear and damage due to casualty actual net insurance or condemnation excepted. Tenant shall repair any proceeds received by Mortgagee in connection with such damage to the Premises or the Parking Lot occasioned by its use thereof, or by the removal of Tenant’s trade fixtures, furnishings and equipment, which repair shall include, but shall not be limited to, the patching and filling of holes, repairing the floor, and repair of structural damagedestruction.

Appears in 1 contract

Samples: Mortgage Security Agreement (Golf Trust of America Inc)

CARE OF PREMISES. Tenant has inspected and accepts agrees that it shall: (a) Not use or occupy the Premises in its present condition violation of law or of the certificate of occupancy issued for the Building, and shall keep and maintain shall, upon written notice from Landlord, discontinue any use of the Premises and which is declared by any governmental authority having jurisdiction to be a violation of law or of said certificate of occupancy. Tenant shall comply with any direction of any governmental authority having jurisdiction which shall, by reason of the Parking Lot and all tenant improvements in good, safe and sanitary condition and appearance and shall permit no waste, damage, nature of Tenant's use or injury to occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Parking Lot Premises or with respect to the tenant improvements use or occupation thereof. (normal wear b) Give Landlord access to the Premises at all reasonable times and tearon reasonable prior notice, damage due without charge or diminution of rent, to casualty enable Landlord to examine the same and to make such repairs, additions and alterations as Landlord may deem advisable, including the right to show the Premises for the purpose of a potential sale or condemnation lease. (c) Keep the Premises in good order and any condition in and replace all broken glass (within the Parking Lot not caused Premises) with glass of the same quality as that broken (where glass was broken by Tenant or Tenant’s officers, directors, its employees, agents, contractorscontractors or invitees), licensees or invitees excepted). The Premises save only glass broken by fire and the Parking Lot shall at all times be kept and used by the Tenant in accordance with the laws, ordinances and regulations of all governmental agencies having jurisdiction over the Premises. The Building and all common areas thereto shall at all times be maintained by Landlord in accordance with the laws, ordinances and regulations of all governmental agencies having jurisdiction thereto. Tenant shall not use or knowlingly permit in the Premises, Building or Parking Lot any activity extended coverage type risks. (d) Recognize that is illegal, dangerous improvements attached to the life or limb or overload Premises (and specifically excluding Tenant's personal property, trade fixtures and equipment) become the floors property of the Building beyond and may not be removed without approval of Landlord which approval may be subject to the loads existing Tenant's paying for the cost of repairs resulting from the removal of such improvements. (e) Upon the termination of this Lease in any manner whatsoever, remove Tenant's property and those of any other person claiming under Tenant, and quit and deliver up the Premises to Landlord peaceably and quietly in as good order and condition as the same is now in or hereafter may be put in by Landlord or Tenant, reasonable use and wear thereof excepted. Property not removed by Tenant at the termination of this timeLease, however terminated, shall be considered abandoned and Landlord may dispose of the same as it deems expedient with reasonable cost to be billed to the Tenant. (f) Not place signs on the Premises except as authorized and approved by Landlord and subject to all applicable governmental rules and restrictions, as well as the "Building Rules and Regulations" as set forth in Exhibit "E". (g) Not make any alteration of, improvements to, or addition to the Premises without the prior written approval of Landlord; see also Section 25A herein. (h) Not install or authorize the installation of any coin operated vending machine without obtaining prior written consent from Landlord and coordinating all details of the installation (including but not limited to the necessary wiring and actual moving of the machine(s) in the Building or Premises) with Landlord. The vending machine shown on Tenant's space plan has been approved by Landlord. (i) Not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them, or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any objectionable noise nuisance in, on or odor to escape from about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. (j) Not do or knowingly permit to be done anything which will invalidate or increase the cost of any fire, extended coverage or any other insurance policy covering the Building and/or property located therein. Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charges for such policy by reason of Tenant's failure to comply with the provisions of this Subsection. (k) Observe the "Building Rules and Regulations" described in Exhibit "E", and which may be modified by Landlord from time to time upon reasonable notice from Landlord to Tenant. (l) Monitor issuance of keys. Unless specifically provided otherwise in the Lease, all initial keys and/or Building security card devices for access to the Premises and Building are provided at Tenant's cost. Any re-keying of the Premises and/or Building due to lost or missing keys shall be at Tenant's cost. No additional locks shall be placed upon any doors without the written consent of Landlord. Additional keys and/or Building security card devices shall be furnished at Tenant's cost. Upon termination of this Lease, all keys and Building security card devices shall be surrendered to Landlord. (m) Remove, upon Landlord's request, all cabling provided by or on behalf of Tenant in Tenant's Premises, at Tenant's sole cost, upon Lease termination. (n) Not place any other equipment of any kind or nature whatsoever which will or may 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 Premises or Building without the Parking Lot anything that will increase prior written consent of Landlord. (o) To the rate of insurance on the Premises provided, however, Landlord represents and warrants to Tenant that Tenant’s express rights pursuant to Section 2 of this Lease will not result in increased insurance rates. Tenant shall keep the Premises and the Parking Lot clean and in sanitary condition, and in compliance with the regulations of the Board of Health and City of Seattle Fire Department. Notwithstanding anything in this Lease to the contraryextent it is required, Tenant shall have no obligation be responsible for complying with the Americans Disabilities Act for any work in the Premises arising out of Tenant's possession, use or liability with respect to the condition occupancy of the Parking Lot or any activities therein except to the extent caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees. At the end of the term of this Lease or upon earlier termination of the Lease, Tenant shall deliver the Premises, the Parking Lot and the tenant improvements to Landlord in good and sound condition and appearance as received, broom clean, ordinary wear and tear and damage due to casualty or condemnation excepted. Tenant shall repair any damage to the Premises or the Parking Lot occasioned by its use thereof, or by the removal of Tenant’s trade fixtures, furnishings and equipment, which repair shall include, but shall not be limited to, the patching and filling of holes, repairing the floor, and repair of structural damage.

Appears in 1 contract

Samples: Office Building Lease (Coinstar Inc)

CARE OF PREMISES. Tenant has inspected shall perform all maintenance and accepts repairs to the Premises reasonably necessary to maintain the Premises in its present good condition and shall keep and maintain the Premises and the Parking Lot and all tenant improvements in goodrepair, safe and sanitary condition and appearance and shall permit no waste, damage, or injury subject to the Premises, the Parking Lot or the tenant improvements (normal wear and tear, damage due throughout the term of this Lease, including the roof, exterior walls and foundation; provided, however, that Landlord shall be responsible for the cost of any major repair or replacement to casualty the roof, exterior walls or condemnation and foundation reasonably required during the first five years of the Lease Term. Except as herein specifically provided, Landlord shall not be required to maintain or repair any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted). The Premises and the Parking Lot shall at all times be kept and used by the Tenant in accordance with the laws, ordinances and regulations part of all governmental agencies having jurisdiction over the Premises. The Building and all common areas thereto shall at all times be maintained by Landlord in accordance with the laws, ordinances and regulations of all governmental agencies having jurisdiction thereto. Tenant shall not use or knowlingly permit in the Premises, Building or Parking Lot any activity that is illegal, dangerous to the life or limb or overload the floors take good care of the Building beyond the loads existing at this time, or permit any objectionable noise or odor to escape from the Premises. Tenant shall not make any material alterations, additions or improvements ("Alterations") in or to the Premises, or any material modification to any plumbing or wiring ("Changes") without first obtaining the written consent of Landlord and, where appropriate, in accordance with plans and specifications approved by Landlord. For the purposes hereof, alterations, additions, or improvements that are non-structural and do not exceed $50,000 per year in cost shall not be deemed material. Tenant shall reimburse Landlord for any reasonable sums expended for examination and approval of architectural or knowingly permit mechanical plans and specifications of the Alterations and Changes and direct costs reasonably incurred during any inspection or supervision of the Alterations or Changes. All damages or injury done to the Premises by Tenant or by any persons who may be done in or upon the Premises with the express or implied consent of Tenant shall be paid for by Tenant. Tenant may, from time to time, change the locks on the Premises or doors to the Parking Lot anything that will increase the rate of insurance on the Premises Buildings without Landlord's consent; provided, however, Tenant shall deliver to Landlord represents two sets of keys to such new locks immediately after the installation of such locks. Landlord shall join with Tenant at Tenant's expense, in applying for and warrants to Tenant that securing from any governmental authority having jurisdiction thereof, any permits or licenses which may be necessary in connection with the making of any alterations, additions, or repairs and shall, upon request by Tenant’s express rights pursuant to Section 2 , execute or join in the execution of this Lease will any application for such licenses and permits, provided Landlord shall not result in increased insurance ratesincur any expense or liability. Tenant shall keep cause any mechanic's or materialman's liens arising by reasons of such work to be promptly paid, bonded or otherwise discharged and shall indemnify and hold Landlord harmless from any cost or expense occasioned thereby. Landlord shall be permitted to enter the Premises and the Parking Lot clean and in sanitary condition, and in compliance with the regulations to post notices of the Board of Health and City of Seattle Fire Department. Notwithstanding anything in this Lease to the contrary, Tenant shall have no obligation or liability with respect to the condition of the Parking Lot or any activities therein except to the extent caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees. At the end of the term of this Lease or upon earlier termination of the Lease, Tenant shall deliver the Premises, the Parking Lot and the tenant improvements to Landlord in good and sound condition and appearance as received, broom clean, ordinary wear and tear and damage due to casualty or condemnation excepted. Tenant shall repair any damage to the Premises or the Parking Lot occasioned by its use thereof, or by the removal of Tenant’s trade fixtures, furnishings and equipment, which repair shall include, but shall not be limited to, the patching and filling of holes, repairing the floor, and repair of structural damagenon-responsibility.

Appears in 1 contract

Samples: Lease Agreement (Stuart Entertainment Inc)

CARE OF PREMISES. Tenant has inspected (a) Borrower will keep the buildings, parking areas, roads and accepts walkways, recreational facilities, landscaping, and all other improvements of any kind now or hereafter erected on the Land or any part thereof in good condition and repair, will not commit or suffer any waste and will not do or suffer to be done anything which would or could increase the risk of fire or other hazard to the Premises or any other part thereof or which would or could result in the cancellation of any insurance policy carried with respect to the Premises. (b) Borrower will not remove, demolish or alter the structural character of any improvement located on the Land without the written consent of Lenders. (c) If the Premises or any part thereof is damaged by fire or any other cause, Borrower will give immediate written notice thereof to Lenders. (d) Lenders or their representative are hereby authorized to enter upon and inspect the Premises at any time during normal business hours, (e) Borrower will promptly comply with all present and future laws, ordinances, rules and regulations of any governmental authority affecting the Premises or any part thereof. (f) If all or any part of the Premises shall be damaged by fire or other casualty,, Borrower will promptly restore the Premises to the equivalent of its original condition; and if a part of the Premises shall be damaged through condemnation, Borrower will promptly restore, repair or alter the remaining portions of the Premises in its present condition and a manner satisfactory to Lenders, Notwithstanding the foregoing, Borrower shall keep and maintain the Premises and the Parking Lot and all tenant improvements not be obligated to restore unless in goodeach instance, safe and sanitary condition and appearance and shall permit no wasteLenders agree to make available to Borrower (pursuant to a procedure satisfactory to Lenders) any net insurance or condemnation proceeds actually received by Lenders hereunder in connection with such casualty loss or condemnation, damage, or injury to the Premises, extent such proceeds are required to defray the Parking Lot or the tenant improvements (normal wear and tear, damage due to casualty or condemnation and any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted). The Premises and the Parking Lot shall at all times be kept and used by the Tenant in accordance with the laws, ordinances and regulations expense of all governmental agencies having jurisdiction over the Premises. The Building and all common areas thereto shall at all times be maintained by Landlord in accordance with the laws, ordinances and regulations of all governmental agencies having jurisdiction thereto. Tenant shall not use or knowlingly permit in the Premises, Building or Parking Lot any activity that is illegal, dangerous to the life or limb or overload the floors of the Building beyond the loads existing at this time, or permit any objectionable noise or odor to escape from the Premises. Tenant shall not do or knowingly permit to be done on the Premises or the Parking Lot anything that will increase the rate of insurance on the Premises such restoration; provided, however, Landlord represents and warrants that the insufficiency of any such insurance or condemnation proceeds to Tenant that Tenant’s express rights pursuant defray the entire expense of restoration shall in no way relieve Borrower of its obligation to Section 2 restore. In the event all or any portion of this Lease will not result in increased insurance rates. Tenant shall keep the Premises and shall be damaged or destroyed by fire or other casualty or by condemnation, Borrower shall promptly deposit with Lenders a sum equal to the Parking Lot clean and in sanitary condition, and in compliance with amount by which the regulations estimated cost of the Board restoration of Health and City of Seattle Fire Department. Notwithstanding anything the Premises (as determined by Lenders in this Lease to their good faith judgment) exceeds the contrary, Tenant shall have no obligation actual net insurance or liability condemnation proceeds with respect to the condition of the Parking Lot such damage or any activities therein except to the extent caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees. At the end of the term of this Lease or upon earlier termination of the Lease, Tenant shall deliver the Premises, the Parking Lot and the tenant improvements to Landlord in good and sound condition and appearance as received, broom clean, ordinary wear and tear and damage due to casualty or condemnation excepted. Tenant shall repair any damage to the Premises or the Parking Lot occasioned by its use thereof, or by the removal of Tenant’s trade fixtures, furnishings and equipment, which repair shall include, but shall not be limited to, the patching and filling of holes, repairing the floor, and repair of structural damagedestruction.

Appears in 1 contract

Samples: Indenture (McRae Industries Inc)

CARE OF PREMISES. Tenant has inspected (a) Grantor will keep the buildings, parking areas, roads and accepts walkways, landscaping, and all other improvements of any kind now or hereafter erected on the Land or any part thereof in good condition and repair, will not commit or suffer any waste and will not do or suffer to be done anything which would or could increase the risk of fire or other hazard to the Premises or any other part thereof or which would or could result in the cancellation of any insurance policy carried with respect to the Premises. (b) Grantor will not remove, demolish or alter the structural character of any improvement located on the land without the written consent of Bond Trustee nor make or permit use of the Premises for any purpose other than that for which the same are now used. (c) If the Premises or any part thereof is damaged by fire or any other cause, Grantor will give immediate written notice thereof to Bond Trustee. (d) Bond Trustee or its representative is hereby authorized to enter upon and inspect the Premises at any time. (e) Grantor will promptly comply with all present and future laws, ordinances, rules and regulations of any governmental authority affecting the Premises or any part thereof. (f) Subject to the terms of the Lease, if all or any part of the Premises shall be damaged by fire or other casualty, Grantor will promptly restore the Premises to the equivalent of its original condition; and if a part of the Premises shall be damaged through condemnation, Grantor will promptly restore, repair or alter the remaining portions of the Premises in its present condition and a manner satisfactory to Bond Trustee. Notwithstanding the foregoing, Grantor shall keep and maintain the Premises and the Parking Lot and all tenant improvements not be obligated so to restore unless in goodeach instance, safe and sanitary condition and appearance and shall permit no wasteBond Trustee agrees to make available to Grantor (pursuant to a procedure satisfactory to Bond Trustee) any net insurance or condemnation proceeds actually received by Bond Trustee hereunder in connection with such casualty loss or condemnation, damage, or injury to the Premises, extent such proceeds are required to defray the Parking Lot expense of such restoration or the tenant improvements (normal wear and tear, damage due to casualty or condemnation and any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted). The Premises and the Parking Lot shall at all times be kept and used by the Tenant in accordance with the laws, ordinances and regulations of all governmental agencies having jurisdiction over the Premises. The Building and all common areas thereto shall at all times be maintained by Landlord in accordance with the laws, ordinances and regulations of all governmental agencies having jurisdiction thereto. Tenant shall not use or knowlingly permit in the Premises, Building or Parking Lot any activity that is illegal, dangerous to the life or limb or overload the floors provisions of the Building beyond Indenture and the loads existing at this time, or permit any objectionable noise or odor to escape from the Premises. Tenant shall not do or knowingly permit to be done on the Premises or the Parking Lot anything that will increase the rate of insurance on the Premises Loan Agreement; provided, however, Landlord represents and warrants that the insufficiency of any such insurance or condemnation proceeds to Tenant that Tenant’s express rights pursuant defray the entire expense of restoration shall in no way relieve Grantor of its obligation to Section 2 of this Lease will not result in increased insurance rates. Tenant shall keep restore if so required by the Premises and the Parking Lot clean and in sanitary condition, and in compliance with the regulations of the Board of Health and City of Seattle Fire Department. Notwithstanding anything in this Lease to the contrary, Tenant shall have no obligation or liability with respect to the condition of the Parking Lot or any activities therein except to the extent caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees. At the end of the term of this Lease or upon earlier termination terms of the Lease, Tenant the Indenture or the Loan Agreement. In the event all or any portion of the Premises shall deliver be damaged or destroyed by fire or other casualty or by condemnation, Grantor shall promptly deposit with Bond Trustee a sum equal to the amount by which the estimated cost of the restoration of the Premises (as determined by Bond Trustee in its good faith judgment) exceeds the actual net insurance or condemnation proceeds with respect to such damages or destruction. (g) The provisions of this Section 1.06 shall be subject in all respects to the requirements under the Lease imposed on the Grantor regarding care, maintenance and upkeep of the Premises, the Parking Lot and the tenant improvements to Landlord in good and sound condition and appearance as received, broom clean, ordinary wear and tear and damage due to casualty or condemnation excepted. Tenant shall repair any damage to the Premises or the Parking Lot occasioned by its use thereof, or by the removal of Tenant’s trade fixtures, furnishings and equipment, which repair shall include, but shall not be limited to, the patching and filling of holes, repairing the floor, and repair of structural damage.

Appears in 1 contract

Samples: Leasehold Deed of Trust, Security Agreement and Assignment of Rents and Leases (Clean Energy Fuels Corp.)

CARE OF PREMISES. Tenant has inspected and accepts Except as specifically provided in this Lease, Lessee shall not cause or permit any Hazardous Material to be generated, produced, brought upon, used, stored, treated or disposed of in or about the Premises in by Lessee, its present condition and shall keep and maintain the Premises and the Parking Lot and all tenant improvements in goodagents, safe and sanitary condition and appearance and shall permit no wasteemployees, damagecontractors, sublessees, or injury invitees without the prior written consent of Lessor. Lessor hereby specifically acknowledges and agrees that Lessee may use and store the following materials: fuel for generators; acid contained in batteries to provide back-up power; standard cleaning fluids customarily used in connection with cleaning of offices and office equipment; coolant used in any Lessee-supplied HVAC system; and government approved gases and other materials used in fire suppression provided such usage and storage are by applicable law. The area around the outside of the building will be maintained by Lessor and kept in an orderly manner and no waste products will be allowed to accumulate. Lessee shall remove all of his own waste products at his own expense. Lessee shall not commit, or suffer to be committed, any waste upon the Premises, the Parking Lot or the tenant improvements (normal wear any public or private nuisance; and tear, damage due to casualty or condemnation and any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted). The Premises and the Parking Lot shall at all times be kept and used by the Tenant in accordance with the laws, ordinances and regulations of all governmental agencies having jurisdiction over the Premises. The Building and all common areas thereto shall at all times be maintained by Landlord in accordance with the laws, ordinances and regulations of all governmental agencies having jurisdiction thereto. Tenant shall not use said premises or knowlingly permit in suffer the Premises, Building or Parking Lot same to be used for any activity that is illegal, dangerous to the life or limb or overload the floors of the Building beyond the loads existing at this time, or permit any objectionable noise or odor to escape from the Premisesunlawful purpose. Tenant Lessee shall not do or knowingly permit to be done any act which will void or suspend any insurance policy covering the Premises, or any part thereof or any appurtenant or fixture thereto or property thereon or the building in which the Premises are located or any part thereof or any appurtenant or fixture thereto or property thereon. Lessee shall not do or permit to be done anything on the Premises which would constitute an unreasonable annoyance to adjoining tenants, except for the use of the generator and HVAC allowed by this Lease and those acts specifically allowable by Lessor and West Valley City in a M Zone, or which would injure the reputation of the leased premises, and Lessee shall not do or permit to be done anything which will weaken the structural strength of the Premises. Lessor shall not allow adjacent tenants to do or permit to be done anything within the Building or the Parking Lot anything that will increase Center which would constitute an unreasonable annoyance to Lessee, except for those acts specifically allowable by Lessor and West Valley City in an M Zone, or which would injure the rate of insurance on the Premises provided, however, Landlord represents and warrants to Tenant that Tenant’s express rights pursuant to Section 2 of this Lease will not result in increased insurance rates. Tenant shall keep the Premises and the Parking Lot clean and in sanitary condition, and in compliance with the regulations reputation of the Board of Health and City of Seattle Fire Department. Notwithstanding anything in this Lease to the contrary, Tenant shall have no obligation or liability with respect to the condition of the Parking Lot or any activities therein except to the extent caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees. At the end of the term of this Lease or upon earlier termination of the Lease, Tenant shall deliver the Premises, the Parking Lot and the tenant improvements to Landlord in good and sound condition and appearance as received, broom clean, ordinary wear and tear and damage due to casualty or condemnation excepted. Tenant shall repair any damage to the Premises or the Parking Lot occasioned by its use thereof, or by the removal of Tenant’s trade fixtures, furnishings and equipment, which repair shall include, but shall not be limited to, the patching and filling of holes, repairing the floor, and repair of structural damageleased premises.

Appears in 1 contract

Samples: Lease Agreement (Pac-West Telecomm Inc)

CARE OF PREMISES. Tenant has inspected Landlord shall perform all normal maintenance and accepts the Premises in its present condition and shall keep and repairs reasonably necessary to maintain the Premises and the Parking Lot and all tenant improvements in good, safe and sanitary condition and appearance and Building as a first-class office building; provided that Landlord shall permit no waste, damage, not be required to maintain or injury to the Premises, the Parking Lot or the tenant improvements (normal wear and tear, damage due to casualty or condemnation and repair any condition in the Parking Lot not caused by property of Tenant or Tenant’s officersany appliances (such as refrigerators, directorswater heaters, employeesmicrowave ovens, agents, contractors, licensees or invitees excepted). The Premises and the Parking Lot shall at all times be kept and used by the Tenant in accordance with the laws, ordinances and regulations like) which are part of all governmental agencies having jurisdiction over the Premises. The Building and all common areas thereto shall at all times be maintained by Landlord in accordance with the laws, ordinances and regulations of all governmental agencies having jurisdiction thereto. Tenant shall not use or knowlingly permit in the Premises, Building or Parking Lot any activity that is illegal, dangerous to the life or limb or overload the floors take good care of the Building beyond the loads existing at this time, or permit any objectionable noise or odor to escape from the Premises. Tenant shall not do make any alterations, additions or knowingly permit improvements ("Alterations") in or to be done the Premises, or make changes to locks on doors, except for re-keying or altering security entrance provisions provided Tenant promptly provides Landlord copies of new entrance provisions and keys, or add, disturb or in any way change any plumbing or wiring, excluding data and low voltage wiring, ("Changes") without first obtaining the written consent of Landlord and, where appropriate, in accordance with plans and specifications reasonably approved by Landlord. As a condition to its approval, Landlord may require Tenant to remove such Alterations or Changes upon the expiration or earlier termination of tile Term and to restore the Premises or Land to the Parking Lot anything that will increase condition they were in prior to such Alterations or Changes, including restoring any damage resulting from such removal, all at Tenant's expense. Any Alterations or Changes required to be made to Tenant's Premises by any amendment to any applicable building, health, safety, fire, nondiscrimination, or similar law or regulation ("law"), or any new law shall be made at Tenant's sole expense and shall be subject to the rate prior written consent of insurance on the Premises providedLandlord, however, Landlord represents and warrants to Tenant that Tenant’s express rights pursuant to Section 2 of this Lease will which consent cannot result in increased insurance ratesbe unreasonably withheld or delayed. Tenant shall keep the Premises reimburse Landlord for any reasonable sums expended for examination and the Parking Lot clean and in sanitary condition, and in compliance with the regulations approval of the Board of Health architectural and City of Seattle Fire Department. Notwithstanding anything in this Lease to the contrary, Tenant shall have no obligation or liability with respect to the condition mechanical plans and specifications of the Parking Lot Alterations and Changes and direct costs reasonably incurred during any inspection or any activities therein except to the extent caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees. At the end supervision of the term of this Lease Alterations or upon earlier termination of the Lease, Tenant shall deliver the Premises, the Parking Lot and the tenant improvements to Landlord in good and sound condition and appearance as received, broom clean, ordinary wear and tear and Changes. All damage due to casualty or condemnation excepted. Tenant shall repair any damage injury done to the Premises or the Parking Lot occasioned Building by its use thereof, Tenant or by any persons who may be in or upon the removal Premises or Building with the express or implied consent of Tenant’s trade fixtures, furnishings including but not limited to the cracking or breaking of any glass of windows and equipmentdoors, which repair shall include, but shall not be limited to, the patching and filling of holes, repairing the floor, and repair of structural damagepaid for by Tenant.

Appears in 1 contract

Samples: Lease Agreement (Bsquare Corp /Wa)

CARE OF PREMISES. Tenant has inspected (a) Grantor will keep the buildings, parking areas, roads and accepts walkways, recreational facilities, landscaping and all other improvements of any kind now or hereafter erected on the Land or any part thereof, and the fixtures, furnishings and equipment therein and thereon, in good condition and repair, will not commit or suffer any waste and will not do or suffer to be done anything which will increase the risk of fire or other hazard to the Premises or any part thereof. (b) Grantor will not remove or demolish or alter the structural character of any improvement located on the Land without the written consent of the Beneficiary. (c) If the Premises or any part thereof is damaged by fire or any other cause, Grantor will give immediate written notice thereof to the Beneficiary. (d) The Beneficiary, Trustee or their respective representatives are hereby authorized to enter upon and inspect the Premises at any time during normal business hours or, upon an occurrence of an Event of Default, at any time. (e) Subject to Grantor's right of contest set forth in Section D.5 of the Loan Agreement, Grantor will promptly comply with all present and future laws, ordinances, rules and regulations of any governmental authority affecting the Premises or any part thereof. Grantor will deliver to the Beneficiary within ten (10) days after Grantor's receipt thereof copies of any additional governmental permits or approvals or disapprovals or notices that relate to any matter that would materially adversely affect the Premises issued with regard to the Premises or any portion thereof. (f) If all or any part of the Premises shall be damaged by fire or other casualty, Grantor will promptly restore the Premises to the equivalent of its original condition; and if a part of the Premises shall be damaged through condemnation, Grantor will promptly restore, repair or alter the remaining portions of the Premises in its present condition and shall keep and maintain the Premises and the Parking Lot and all tenant improvements in good, safe and sanitary condition and appearance and shall permit no waste, damage, or injury a manner satisfactory to the PremisesBeneficiary. Notwithstanding the foregoing, Grantor shall not be obligated to so restore unless in each instance, the Parking Lot or Beneficiary agrees to make available to Grantor (pursuant to a procedure satisfactory to the tenant improvements (normal wear and tear, damage due to casualty Beneficiary) any net insurance or condemnation and any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted). The Premises and the Parking Lot shall at all times be kept and used proceeds actually received by the Tenant Beneficiary hereunder in accordance connection with the lawssuch casualty loss or condemnation, ordinances and regulations of all governmental agencies having jurisdiction over the Premises. The Building and all common areas thereto shall at all times be maintained by Landlord in accordance with the laws, ordinances and regulations of all governmental agencies having jurisdiction thereto. Tenant shall not use or knowlingly permit in the Premises, Building or Parking Lot any activity that is illegal, dangerous to the life or limb or overload extent such proceeds are required to defray the floors expense of the Building beyond the loads existing at this time, or permit any objectionable noise or odor to escape from the Premises. Tenant shall not do or knowingly permit to be done on the Premises or the Parking Lot anything that will increase the rate of insurance on the Premises such restoration; provided, however, Landlord represents and warrants to Tenant that Tenant’s express rights pursuant to Section 2 the unavailability or insufficiency of this Lease will not result in increased any such insurance rates. Tenant shall keep the Premises and the Parking Lot clean and in sanitary condition, and in compliance with the regulations of the Board of Health and City of Seattle Fire Department. Notwithstanding anything in this Lease to the contrary, Tenant shall have no obligation or liability with respect to the condition of the Parking Lot or any activities therein except to the extent caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees. At the end of the term of this Lease or upon earlier termination of the Lease, Tenant shall deliver the Premises, the Parking Lot and the tenant improvements to Landlord in good and sound condition and appearance as received, broom clean, ordinary wear and tear and damage due to casualty or condemnation excepted. Tenant shall repair any damage proceeds to defray the Premises or the Parking Lot occasioned by its use thereof, or by the removal of Tenant’s trade fixtures, furnishings and equipment, which repair shall include, but shall not be limited to, the patching and filling of holes, repairing the floor, and repair of structural damage.entire expense of

Appears in 1 contract

Samples: Loan and Security Agreement (Mego Financial Corp)

CARE OF PREMISES. Tenant has inspected The leased premises are rented “as is.” Tenant(s) agree to take good care of the leased premises. A. Tenant(s) shall not permit, allow, or cause any noxious, disturbing, or offensive odors, fumes, or gases or any smoke, dust, steam or vapors, or any loud or disturbing noise, sound, or vibration to originate in or to be emitted from the property. B. Tenant(s) shall keep the entry ways, sidewalks, and accepts other areas on the Premises Property clean and free from rubbish, dirt, and other debris and property. Tenant(s) shall store all trash, rubbish, debris, and garbage in its present condition the proper places and shall keep provide for the prompt removal thereof. C. Pets are not allowed on the property. D. If Landlord provides blinds on the windows, such blinds shall not be removed. If Tenant(s) installs draperies over the blinds, any damage to the property must be repaired or removed by the Tenant(s) or at the Tenant(s)’ expense. Damage to the Property, including, without limitation, damage to paint, plaster, cabinets, carpets, floors, furniture or damage to any part of the Property caused by leaving windows or doors open during inclement weather will be the responsibility of the Tenant(s). E. Locks may not be changed or added without the prior written consent of the Landlord. Locks and the appropriate keys which are added must be left in place upon vacation the Property. All keys must be returned to the Landlord upon termination of occupancy or the Landlord may impose a reasonable charge (including, without limitation, the cost of re-keying the locks). F. Tenant(s) shall be responsible for the replacement of all interior and exterior light bulbs during the Term of the Lease. All light bulbs must be operational at the time the Tenant vacates the Property. G. Tenant(s) shall maintain the Premises Property in a neat and orderly condition. Tenant(s) will not allow trash, debris, abandoned or inoperable vehicles of any sort, or other items to accumulate or be deposited on the property. Tenant(s) will not place signs, displays, or other similar objects on the property or over the windows. Tenant(s) will keep all porches, decks, and other areas free of Tenant(s)’ property and trash. H. Tenant(s) shall keep the utilities (electricity, water, gas, etc.) operable so long as the property is leased by the Tenant(s) in order to maintain appliances in operating order and to provide a minimum temperature of 55 degrees Fahrenheit in cold months. From the date utilities are turned off by cancellation or otherwise, it will be presumed that the Tenant(s) has abandoned the property and the Parking Lot Landlord may enter and take possession. Tenant(s) shall be liable for any damages to the property from the utilities being turned off or from not maintaining the minimum temperature. I. Tenant(s) is responsible for cleaning and maintaining the property. J. No items shall be attached to the wall using anything other than small nails and only as many nails as is reasonable. Excessive nail holes or other damage to the walls is prohibited. K. Tenant(s) shall not do or omit to do any act which creates or may create a hazardous condition on the property. Tenant shall not use any fireplaces without obtaining a safety inspection of the fireplace, chimney, and flue and without obtaining the prior written consent of the Landlord. L. Tenant(s) agrees that all tenant improvements sinks, disposals, and toilets shall be used only for the purpose for which they were designed. Tenant(s) agree that no improper items shall be put in goodsuch facilities, safe including, without limitation, feminine hygiene products and sanitary condition diapers. Tenant(s) shall be responsible for any maintenance due to such improper use of any facilities or appliances. M. Tenant(s) is responsible for cleaning and appearance maintaining the air intake areas, including keeping the area from being obstructed. Further, Tenant(s) understand and agree to change the air filters on all units every month at the Tenant(s)’ expense. In the event a service call has to be made to the premises about the furnace/air conditioning units and it is determined by the service provider that the damage is the result of not having properly changed the filters, the Tenant(s) will be responsible for the paying the service call. N. No radio wires, television or other aerials or any other objects whatsoever shall permit no waste, damagebe attached to the roof or exterior of the residence, or injury to placed on the Premisesproperty, without the Parking Lot or prior express written permission of the tenant improvements (normal wear Landlord. O. Tenant(s), and tearTenant(s)’ family, damage due to casualty or condemnation and any condition in the Parking Lot not caused by Tenant or Tenant’s officersguest, directorsinvitees, employees, agents, contractorsand other persons shall not: a. Engage in criminal activity, licensees including, without limitation, drug-related criminal activity, on or invitees excepted)near the property. The Premises and “Drug-related criminal activity” means the Parking Lot shall at all times be kept and used by the Tenant in accordance with the lawsillegal manufacture, ordinances and regulations of all governmental agencies having jurisdiction over the Premises. The Building and all common areas thereto shall at all times be maintained by Landlord in accordance with the lawssale, ordinances and regulations of all governmental agencies having jurisdiction thereto. Tenant shall not distribution, use or knowlingly permit possession with intent to manufacture, sell, distribute, or use a controlled substance (as defined by state and federal law); b. Engage in any act intended to facilitate criminal activity, including, without limitation, drug-related criminal activity, regardless of whether the individual engaging in such activity is a member of the household, a guest, or other person; c. Engage in the Premisesmanufacture, Building sale, or Parking Lot distribution of illegal drugs at any activity that is illegallocation, dangerous to whether on or near the life property or limb otherwise; d. Engage in acts of violence or overload threats of violence, including, without limitation, the floors discharge of firearms on or near the property. Violation of the Building beyond the loads existing at this time, or permit any objectionable noise or odor to escape from the Premises. Tenant above mentioned provisions shall not do or knowingly permit to be done on the Premises or the Parking Lot anything that will increase the rate of insurance on the Premises provided, however, Landlord represents and warrants to Tenant that Tenant’s express rights pursuant to Section 2 a material violation of this Lease will not result in increased insurance rates. Tenant shall keep lease and good cause for the Premises and the Parking Lot clean and in sanitary condition, and in compliance with the regulations of the Board of Health and City of Seattle Fire Department. Notwithstanding anything in this Lease to the contrary, Tenant shall have no obligation or liability with respect to the condition of the Parking Lot or any activities therein except to the extent caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees. At the end of the term of this Lease or upon earlier termination of the Leaselease. Unless otherwise provided by law, Tenant proof of violation shall deliver the Premises, the Parking Lot and the tenant improvements to Landlord in good and sound condition and appearance as received, broom clean, ordinary wear and tear and damage due to casualty or condemnation excepted. Tenant shall repair any damage to the Premises or the Parking Lot occasioned by its use thereof, or by the removal of Tenant’s trade fixtures, furnishings and equipment, which repair shall includenot re quire criminal conviction, but shall not be limited toby a preponderance of evidence. P. No firearms or other weapons may be discharged on or about the property or surrounding property. Q. No chemical or petroleum liquids, solids, or gases may be disposed of on the property, adjacent property owned by the Landlord or public rights-of-way. R. No trash, debris, yard waste, refuse or any other combustible items may be burned or disposed of on the property, adjacent property owned by the Landlord or public rights-of-way. S. The property shall be used solely for single family residential purposes only. No business activities of any kind including, without limitation, child or day care services, warehousing, tanning or hair salons, distributorships, automobile or equipment repair, organized worship services, training sessions, and “flea” markets, shall be conducted or permitted on the property. T. Landlord reserves the right at any time to make changes (including, without limitation, the patching implementation or increase in fines) to these Rules and filling Regulations as Landlord, in its sole and absolute discretion, shall determine to be necessary or appropriate for the safety, care, cleanliness, maintenance, protection and benefit of holesthe property, repairing the floorLandlord, and repair of structural damageTenant(s).

Appears in 1 contract

Samples: Automatic Renewal Lease Agreement

CARE OF PREMISES. Tenant has inspected and accepts The Lessee(s) agrees to maintain the Premises in its present condition and shall keep and maintain the Premises and the Parking Lot and all tenant improvements in a good, safe and sanitary condition clean manner and appearance and shall permit no wastenot to paint, damagemar, deface, or injury to in any way change, alter or improve the Premises, the Parking Lot walls, ceilings, floors, doors, appliances, fixtures, or the tenant improvements (normal wear and tear, damage due to casualty or condemnation and any condition found in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted)Premises without the expressed written permission of the Lessor. The Premises Lessee(s) further agrees to clear the sidewalks and parking areas of snow and ice. Should the Parking Lot shall at all times be kept and used by Lessee(s) fail to properly care for the Tenant in accordance with the laws, ordinances and regulations of all governmental agencies having jurisdiction over the Premises. The Building and all common areas thereto shall at all times be maintained by Landlord in accordance with the laws, ordinances and regulations of all governmental agencies having jurisdiction thereto. Tenant shall not use or knowlingly permit in the Premises, Building or Parking Lot any activity that is illegal, dangerous to the life or limb or overload the floors exterior of the Building beyond the loads existing property (patio, porches, decks, sidewalks, lawns, driveways, and parking areas) in an orderly manner, lessor will have exterior areas maintained at this timeLessee’s expense. There shall be no interior furniture (couches, or permit any objectionable noise or odor to escape from the Premises. Tenant shall not do or knowingly permit to be done chairs, tables, etc.) on the Premises or the Parking Lot anything that will increase the rate of insurance on the Premises provided, however, Landlord represents and warrants to Tenant that Tenant’s express rights pursuant to Section 2 of this Lease will not result in increased insurance rates. Tenant shall keep the Premises and the Parking Lot clean and in sanitary condition, and in compliance with the regulations exterior of the Board of Health property. Furniture designed for interior use will be removed without notice. Furniture designed for exterior use is permitted and City of Seattle Fire Departmentencouraged. Notwithstanding anything in this Lease to the contrary, Tenant Lessor shall have no obligation full lawn mowing responsibilities. Lessor will have the lawn mowed at Lessor’s expense, leaves removed etc. and or liability with respect to the condition of the Parking Lot or any activities therein except to the extent caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or inviteeslawn mowed. At the end of When the term of this Lease or expires, the Lessee(s) agrees to vacate the Premises, leaving Premises in the same condition as when received, excluding reasonable wear and tear and if not done, agrees to pay the cost to return the Premises to their condition when received. The Lessee(s) understands and agrees that upon earlier termination vacation of the Lease, Tenant shall deliver the Premises, the Parking Lot range and the tenant improvements to Landlord in good and sound condition and appearance as received, broom oven shall be clean, ordinary wear the refrigerator shall be defrosted, open and tear unplugged, floors shall be washed and damage due waxed, carpet shall be shampooed using a Rug Doctor brand carpet cleaner (receipt for proof of renting this carpet cleaner should be left on kitchen counter) or private contracted rug cleaning company and tub and sinks will be clean. Any necessary cleaning to casualty or condemnation excepted. Tenant shall repair any damage return the house to the same condition as when the Lessee(s) moved in will be deducted from the security deposit. Lessee(s) is responsible to notify when the leased Premises or the Parking Lot occasioned by its use thereof, or by the removal is ready for joint inspection. Failure to notify Lessor will constitute waiver of Tenant’s trade fixtures, furnishings and equipment, which repair shall include, but shall not any rights to joint inspection. Inspection will be limited to, the patching and filling of holes, repairing the floor, and repair of structural damagedone only after Lessee(s) has complied with this paragraph.

Appears in 1 contract

Samples: Rental Agreement

CARE OF PREMISES. Tenant has inspected Landlord shall perform all normal maintenance and accepts the Premises in its present condition and shall keep and repairs reasonably determined by Landlord as necessary to maintain the Premises and the Parking Lot Building as a first-class office building; provided that Landlord shall not be required to maintain or repair any property of Tenant or any appliances (such as refrigerators, water heaters, microwave ovens and the like), which are part of the Premises. Tenant shall take good care of the Premises and at all tenant improvements times keep the Premises neat, clean, in good, a safe and sanitary condition and appearance and free from pests. Tenant shall permit no wastenot make any alterations, damage, additions or injury improvements ("Alterations") in or to the Premises, or make changes to locks on doors, or add, disturb or in any way change any plumbing or wiring ("Changes") without first obtaining the Parking Lot or the tenant improvements (normal wear and tearwritten consent of Landlord and, damage due to casualty or condemnation and any condition in the Parking Lot not caused by Tenant or Tenant’s officerswhere applicable, directors, employees, agents, contractors, licensees or invitees excepted). The Premises and the Parking Lot shall at all times be kept and used by the Tenant in accordance with the lawsplans and specifications reasonably approved by Landlord. Landlord shall promptly respond to Tenant's written requests for Landlord's approval for Alterations and/or changes within ten (10) business days after receiving Tenant's written request. As a condition to its approval, ordinances and regulations of all governmental agencies having jurisdiction over the Premises. The Building and all common areas thereto shall at all times be maintained by Landlord in accordance with his sole discretion may require Tenant to remove such Alterations or Changes upon the laws, ordinances and regulations of all governmental agencies having jurisdiction thereto. Tenant shall not use expiration or knowlingly permit in the Premises, Building or Parking Lot any activity that is illegal, dangerous to the life or limb or overload the floors of the Building beyond the loads existing at this time, or permit any objectionable noise or odor to escape from the Premises. Tenant shall not do or knowingly permit to be done on the Premises or the Parking Lot anything that will increase the rate of insurance on the Premises provided, however, Landlord represents and warrants to Tenant that Tenant’s express rights pursuant to Section 2 of this Lease will not result in increased insurance rates. Tenant shall keep the Premises and the Parking Lot clean and in sanitary condition, and in compliance with the regulations of the Board of Health and City of Seattle Fire Department. Notwithstanding anything in this Lease to the contrary, Tenant shall have no obligation or liability with respect to the condition of the Parking Lot or any activities therein except to the extent caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees. At the end of the term of this Lease or upon earlier termination of the LeaseTerm and to restore the Premises to the condition they were in prior to such Alterations or Changes, including restoring any damage resulting from such removal, all at Tenant's expense. Any Alterations or Changes approved by Landlord and not required to be removed upon the expiration or earlier termination of the Lease and all Tenant Improvements, which constitute fixtures, shall deliver become a part of the Premisesrealty and become property of the Landlord; provided, that Tenant may at its sole discretion remove all Tenant Improvements from the Parking Lot Premises that are Tenant's personal property and not fixtures. Any Alterations or Changes required to be made to Tenant's Premises by any amendment to any applicable building, health, safety, fire, nondiscrimination, or similar law or regulation ("law"), or any new law shall be made at Tenant's sole expense and shall be subject to the tenant improvements to Landlord in good and sound condition and appearance as received, broom clean, ordinary wear and tear and damage due to casualty or condemnation exceptedprior written consent of Landlord. Tenant shall repair reimburse Landlord for any reasonable sums expended for examination and approval of the architectural and mechanical plans and specifications of the Alterations and Changes and direct costs reasonably incurred during any inspection or supervision of the Alterations or Changes. All damage or injury done to the Premises or the Parking Lot occasioned Building by its use thereof, Tenant or by any persons who may be in or upon the removal Premises or Building with the express or implied consent of Tenant’s trade fixtures, furnishings including but not limited to the cracking or breaking of any glass of windows and equipmentdoors, which repair shall include, but shall not be limited to, the patching and filling of holes, repairing the floor, and repair of structural damagepaid for by Tenant.

Appears in 1 contract

Samples: Lease Agreement (Telecommunication Systems Inc /Fa/)

CARE OF PREMISES. Tenant has inspected (a) Grantor will keep the Improvements and accepts all other improvements of any kind now or hereafter erected or placed on the Land or any part thereof in good condition and repair, will not commit or suffer any waste and will not do or suffer to be done anything which would or could increase the risk of fire or other hazard to the Premises or any other part thereof or which would or could result in the cancellation of any insurance policy carried with respect to the Premises. (b) Grantor will not remove, demolish or alter the structural character of any Improvements without the written consent of Beneficiary. (c) If the Premises or any part thereof is damaged by fire or any other cause, Grantor will give immediate written notice thereof to Beneficiary. (d) Beneficiary or its representative is hereby authorized to enter upon and inspect the Premises at any time during normal business hours. (e) Grantor will promptly comply with all present and future laws, ordinances, rules and regulations of any governmental authority applicable to the Premises or any part thereof. (f) If all or any part of the Premises shall be damaged by fire or other casualty, Grantor will promptly restore the Premises to the equivalent of its original condition; and if a part of the Premises shall be damaged through condemnation, Grantor will promptly restore, repair or alter the remaining portions of the Premises in its present condition and a manner satisfactory to Beneficiary. Notwithstanding the foregoing, Grantor shall keep and maintain the Premises and the Parking Lot and all tenant improvements not be obligated so to restore unless in goodeach instance, safe and sanitary condition and appearance and shall permit no wasteBeneficiary agrees to make available to Grantor (pursuant to a procedure satisfactory to Beneficiary) any net insurance or condemnation proceeds actually received by Beneficiary hereunder in connection with such casualty loss or condemnation, damage, or injury to the Premises, extent such proceeds are required to defray the Parking Lot or the tenant improvements (normal wear and tear, damage due to casualty or condemnation and any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted). The Premises and the Parking Lot shall at all times be kept and used by the Tenant in accordance with the laws, ordinances and regulations expense of all governmental agencies having jurisdiction over the Premises. The Building and all common areas thereto shall at all times be maintained by Landlord in accordance with the laws, ordinances and regulations of all governmental agencies having jurisdiction thereto. Tenant shall not use or knowlingly permit in the Premises, Building or Parking Lot any activity that is illegal, dangerous to the life or limb or overload the floors of the Building beyond the loads existing at this time, or permit any objectionable noise or odor to escape from the Premises. Tenant shall not do or knowingly permit to be done on the Premises or the Parking Lot anything that will increase the rate of insurance on the Premises such restoration; provided, however, Landlord represents and warrants that the insufficiency of any such insurance or condemnation proceeds to Tenant that Tenant’s express rights pursuant defray the entire expense of restoration shall in no way relieve Grantor of its obligation to Section 2 restore. In the event all or any portion of this Lease will not result in increased insurance rates. Tenant shall keep the Premises and shall be damaged or destroyed by fire or other casualty or by condemnation, grantor shall promptly deposit with Beneficiary a sum equal to the Parking Lot clean and in sanitary condition, and in compliance with amount by which the regulations estimated cost of the Board restoration of Health and City of Seattle Fire Department. Notwithstanding anything the Premises (as determined by Beneficiary in this Lease to its good faith judgment) exceeds the contrary, Tenant shall have no obligation actual net insurance or liability condemnation proceeds with respect to the condition of the Parking Lot such damage or any activities therein except to the extent caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees. At the end of the term of this Lease or upon earlier termination of the Lease, Tenant shall deliver the Premises, the Parking Lot and the tenant improvements to Landlord in good and sound condition and appearance as received, broom clean, ordinary wear and tear and damage due to casualty or condemnation excepted. Tenant shall repair any damage to the Premises or the Parking Lot occasioned by its use thereof, or by the removal of Tenant’s trade fixtures, furnishings and equipment, which repair shall include, but shall not be limited to, the patching and filling of holes, repairing the floor, and repair of structural damagedestruction.

Appears in 1 contract

Samples: Deed of Trust (Bf Enterprises Inc)

CARE OF PREMISES. Tenant has inspected Landlord shall perform all normal maintenance and accepts the Premises in its present condition and shall keep and repairs reasonably determined by Landlord as necessary to maintain the Premises and the Parking Lot and all tenant improvements in good, safe and sanitary condition and appearance and Building as a first-class office building; provided that Landlord shall permit no waste, damage, not be required to maintain or injury to the Premises, the Parking Lot or the tenant improvements (normal wear and tear, damage due to casualty or condemnation and repair any condition in the Parking Lot not caused by property of Tenant or Tenant’s officersany appliances (such as refrigerators, directorswater heaters, employeesmicrowave ovens, agents, contractors, licensees or invitees excepted). The Premises and the Parking Lot shall at all times be kept and used by the Tenant in accordance with the laws, ordinances and regulations like) which are part of all governmental agencies having jurisdiction over the Premises. The Building and all common areas thereto shall at all times be maintained by Landlord in accordance with the laws, ordinances and regulations of all governmental agencies having jurisdiction thereto. Tenant shall not use or knowlingly permit in the Premises, Building or Parking Lot any activity that is illegal, dangerous to the life or limb or overload the floors take good care of the Building beyond the loads existing at this time, or permit any objectionable noise or odor to escape from the Premises. Tenant shall not do make any alterations, additions or knowingly permit improvements ("Alterations") in or to the Premises, or make changes to locks on doors, or add, disturb or in any way change any plumbing or wiring (OTHER THAN LINES ADDRESSED SECTION 36) ("Changes") without first obtaining the written consent of Landlord, WHICH CONSENT SHALL NOT BE UNREASONABLY WITHHELD, CONDITIONED OR DELAYED, and, where appropriate, in accordance with plans and specifications reasonably approved by Landlord. Any Alterations or Changes required to be done on made to Tenant's Premises by any amendment to any applicable building, health, safety, fire, nondiscrimination, or similar law or regulation ("law"), or any new law shall be made at Tenant's sole expense and shall be subject to the Premises or the Parking Lot anything that will increase the rate prior written consent of insurance on the Premises provided, however, Landlord represents and warrants to Tenant that Tenant’s express rights pursuant to Section 2 of this Lease will not result in increased insurance ratesLandlord. Tenant shall keep the Premises reimburse Landlord for any reasonable sums expended for examination and the Parking Lot clean and in sanitary condition, and in compliance with the regulations approval of the Board of Health architectural and City of Seattle Fire Department. Notwithstanding anything in this Lease to the contrary, Tenant shall have no obligation or liability with respect to the condition mechanical plans and specifications of the Parking Lot Alterations and Changes and direct OUT OF POCKET costs reasonably incurred during any inspection or any activities therein except to the extent caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees. At the end supervision of the term of this Lease Alterations or upon earlier termination of the Lease, Tenant shall deliver the Premises, the Parking Lot and the tenant improvements to Landlord in good and sound condition and appearance as received, broom clean, ordinary wear and tear and Changes. All damage due to casualty or condemnation excepted. Tenant shall repair any damage injury done to the Premises or the Parking Lot occasioned Building by its use thereof, Tenant or by any persons who may be in or upon the removal Premises or Building with the express or implied consent of Tenant’s trade fixtures, furnishings including but not limited to the cracking or breaking of any glass of windows and equipmentdoors, which repair shall include, but shall not be limited to, the patching and filling of holes, repairing the floor, and repair of structural damagepaid for by Tenant. LANDLORD SHALL PERFORM ANY IMPROVEMENTS TO THE BUILDING COMMON AREAS REQUIRED BY THE AMERICANS WITH DISABILITIES ACT AND SUCH IMPROVEMENTS SHALL BE TREATED AS ANY OTHER EXPENSE MANDATED BY GOVERNMENTAL JURISDICTION.

Appears in 1 contract

Samples: Lease Agreement (Realnetworks Inc)

CARE OF PREMISES. Tenant has inspected Landlord shall perform all normal maintenance and accepts repairs to the Premises in its present condition and shall keep and which Landlord reasonably determines necessary to maintain the Premises and the Parking Lot and all tenant improvements in good, safe and sanitary condition and appearance and Building as a first-class office building; provided that Landlord shall permit no waste, damage, not be required to maintain or injury to the Premises, the Parking Lot or the tenant improvements (normal wear and tear, damage due to casualty or condemnation and repair any condition in the Parking Lot not caused by Property of Tenant or Tenant’s officersany appliances (such as water heaters, directorsrefrigerators, employees, agents, contractors, licensees or invitees excepted). The Premises microwaves and the Parking Lot shall at all times be kept and used by the Tenant in accordance with the laws, ordinances and regulations like) which are part of all governmental agencies having jurisdiction over the Premises. The Building and all common areas thereto shall at all times be maintained by Landlord in accordance with the laws, ordinances and regulations of all governmental agencies having jurisdiction thereto. Tenant shall not use or knowlingly permit in the Premises, Building or Parking Lot any activity that is illegal, dangerous to the life or limb or overload the floors take good care of the Building beyond the loads existing at this time, or permit any objectionable noise or odor to escape from the Premises. Tenant shall not do make any alterations, additions or knowingly permit improvements (":Alterations") in or to the Premises, or make changes to locks structural changes or add, disturb or in any way change any plumbing or wiring ("Changes") without first obtaining the written consent of Landlordd except Tenant will be permitted to make minor changes in the electircal outlets as long as such work is done to code and by an electrical contractor approved by Landlord and Tenant provides Landlord with written notice of change in work within 2 weeks and pays resonable cost of maintaining accurate as-built drawings, and, where appropriate, in acrordance plans and specifications approved by Xxxxxxxx.Xx any event, all Alterations shall be scheduled and coordinated through Landlord. Any Alterations or Changes required to be done on made to the Premises because of Tenant's uniqe and specific use thereof by any amendment to any applicable building, health, safety, fire, nondiscrimination, or the Parking Lot anything that will increase the rate similar law or regulation ('law'), or any new law shall be made at Tenant's sole expense and shall subject to prior written consent of insurance on the Premises provided, however, Landlord represents and warrants to Tenant that Tenant’s express rights pursuant to Section 2 of this Lease will not result in increased insurance ratesLandlord. Tenant shall keep the Premises reimburse Landlord for any reasonable sums expended for examination and the Parking Lot clean approval of architeaural or mechanical plans and in sanitary condition, and in compliance with the regulations specifcations of the Board of Health Alterations and City of Seattle Fire DepartmentChanges and direct costs reasonably incurred during any inspection or supervision or Changes. Notwithstanding anything in this Lease to the contrary, Tenant shall have no obligation All damages or liability with respect to the condition of the Parking Lot or any activities therein except to the extent caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees. At the end of the term of this Lease or upon earlier termination of the Lease, Tenant shall deliver the Premises, the Parking Lot and the tenant improvements to Landlord in good and sound condition and appearance as received, broom clean, ordinary wear and tear and damage due to casualty or condemnation excepted. Tenant shall repair any damage injury done to the Premises or the Parking Lot occasioned Building by its use thereof, Tenant or by any persons who may be in or upon the removal Premises or Building with the express or implied consent of Tenant’s trade fixtures, furnishings including but not limited to the cracking or breaking of any glass of windows and equipmentdoors, which repair shall includebe paid for by Tenant, but shall not be limited tounless the damace or injury is caused by the ngeligence or willfull misconduct of Landlord or its agents, the patching and filling of holes, repairing the floor, and repair of structural damageemployees or contractors.

Appears in 1 contract

Samples: Lease Agreement (Immunex Corp /De/)

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CARE OF PREMISES. Tenant has inspected and accepts Lessee's execution of this Lease shall constitute acknowledgment that the Premises in its present condition and shall keep and maintain the Premises premises and the Parking Lot and all tenant improvements contents located therein are in good, safe habitable, tenantable order and sanitary condition in all respects. The Lessee agrees and appearance covenants not to make or permit any structural alterations, additions, or improvements in or to the premises and-or contents without first obtaining the express written permission of the Lessor. Any and all alterations, decorations, additions, or improvements shall not injure the safety of the structure of the building or diminish its value and shall permit no waste, damage, or injury be done in a good and workmanlike manner. Lessee shall promptly pay when due the entire cost of any work to the Premises, premises undertaken by the Parking Lot or the tenant improvements (normal wear and tear, damage due to casualty or condemnation and any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted). The Premises and the Parking Lot Lessee so that said premises shall at all times be kept free of liens for labor or materials, procure all necessary permits before undertaking any work, and used by the Tenant perform all such work in accordance a good and workmanlike manner, employing materials of good quality and complying with the laws, ordinances and regulations of all governmental agencies having jurisdiction over the Premisesgovernment requirements. The Building and all common areas thereto shall at all times be maintained by Landlord in accordance with the laws, ordinances and regulations of all governmental agencies having jurisdiction thereto. Tenant Lessee shall not use make or knowlingly permit in the Premises, Building suffer any strip or Parking Lot any activity that is illegal, dangerous waste. Lessee shall obtain Lessor's written consent as to the life or limb or overload size, location, and placement of any exterior sign, name display, and/orlogo. Lessee shall be solely responsible for maintaining and displaying its name and logo upon the floors of the Building beyond the loads existing at this time, or permit any objectionable noise or odor to escape from the Premisespremises. Tenant shall not do or knowingly permit to be done on the Premises or the Parking Lot anything that will increase the rate of insurance on the Premises provided, however, Landlord represents and warrants to Tenant that Tenant’s express rights pursuant to Section 2 of this Lease will not result in increased insurance rates. Tenant Lessee shall keep the Premises premises and/or contents in good repair, order and condition and at the Parking Lot clean and in sanitary condition, and in compliance with the regulations of the Board of Health and City of Seattle Fire Department. Notwithstanding anything in this Lease to the contrary, Tenant shall have no obligation or liability with respect to the condition of the Parking Lot or any activities therein except to the extent caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees. At the end of the term of this Lease or upon earlier termination of the Lease, Tenant shall yield and deliver up the Premisespremises and all property belonging to the Lessor in good, the Parking Lot and the tenant improvements to Landlord in good and sound condition and appearance as received, broom clean, ordinary and tenantable order and condition, normal wear and tear and damage due to casualty or condemnation only excepted. Tenant The Lessee, at Lessee's sole expense, shall repair remove any alterations, decorations, additions, or improvements made by Lessee during its occupancy of the premises under this Lease, and should be responsible for repairing any damage caused by such removal. In the event Lessee vacates leaving any alterations, decorations, additions or improvements they shall become the sole property of the Lessor. Lessee further agrees that any alterations, decorations, improvements, additions, or other undertakings of the Lessee shall be at Lessee's sole expense, which Lessee shall indemnify and hold harmless the Lessor from any and all liability arising therefrom, which indemnification shall include any and all costs incurred by Lessor, including attorney's fees, arising from any claim asserted therefrom. During the term of this Lease, Lessee shall at its sole cost and expense: Maintain and repair in good working order non-structural elements of the interior of the Leased premises to include the plumbing system, electrical system, lighting system including bulbs and ballast, wall and floor coverings and the air conditioning system. During the term of this Lease, Lessor shall at its sole cost and expense: Maintain and repair in good working order all structural elements of the interior and exterior of the premises to include all walls, roof, foundation, heating system, water and sewer lines to the Premises or the Parking Lot occasioned by its use thereof, or by the removal of Tenant’s trade fixtures, furnishings and equipment, which repair shall include, but shall not be limited to, the patching and filling of holes, repairing the floorpremises, and repair of structural damagethe parking lot.

Appears in 1 contract

Samples: Lease Agreement (Camden National Corp)

CARE OF PREMISES. Tenant has inspected and accepts Lessee shall, throughout the Premises in its present condition and shall keep and maintain Lease Term, take good ---------------- care of the Leased Premises and all fixtures, appurtenances, doors and windows, locks, walls, ceilings, flooring and mechanical equipment located therein, excepting that which may be covered by applicable warranty, and, at its sole cost and expense, make all non-structural repairs thereto and perform maintenance thereon as and when needed to preserve them in good working order and condition, reasonable wear and tear from use and damage from the Parking Lot and elements, fire or other casualty excepted. Notwithstanding the foregoing, all tenant improvements in good, safe and sanitary condition and appearance and shall permit no waste, damage, damage or injury to the PremisesLeased Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or non-structural repairs, caused by or resulting from carelessness, omission, neglect or conduct of Lessee, its servants, employees, invitees or licensees, shall be repaired by the Lessee at its sole expense to the satisfaction of Lessor reasonably exercised. Lessee shall replace or repair, as needed, all lamps, bulbs, ballasts and other lighting fixtures and apparatus. Lessee shall also repair all damage to the Building and the Leased Premises caused by the moving of Lessee's fixtures, furniture or equipment. All the aforesaid repairs shall be of quality or class equal to the original work or construction. If Lessee fails after ten (10) days' notice to proceed with due diligence to make repairs required to be made by it, the Parking Lot or same may be made by Lessor at the tenant improvements (normal wear and tear, damage due to casualty or condemnation and expense of Lessee. Lessee shall give Lessor prompt notice of any defective condition in the Parking Lot not caused Leased Premises which Lessor is required to repair or replace. Lessor shall remedy the condition with due diligence but at the expense of Lessee if repairs are necessitated by Tenant damage or Tenant’s officersinjury attributable to Lessee, directorsLessee's servants, agents, employees, agentsinvitees, contractorsor licensees as aforesaid. All repair work and/or modifications made to the Leased Premises must be made by licensed and bonded contractor(s) approved by Lessor. Lessee shall be responsible for the cost of all maintenance and repairs (except as may be covered under applicable warranty) to the heating, licensees or invitees excepted)ventilating and air conditioning system(s) serving the Leased Premises. Lessee shall, within thirty (30) days of occupancy, contract with a licensed HVAC maintenance company to maintain the system in proper working order. The Premises Lessee agrees to supply a copy of the maintenance agreement to the Lessor and the Parking Lot shall at all times be kept during the term of the Lease keep in full force a HVAC maintenance agreement. If Lessee fails to enter into a maintenance agreement as herein provided, Lessor, at Lessor's option, may elect to enter into a reasonable service contract for the periodic professional inspection and used by the Tenant in accordance with the laws, ordinances and regulations maintenance of all governmental agencies having jurisdiction over the Premises. The heating, ventilating and air conditioning equipment serving the Building and all common areas thereto Lessee shall pay its allocated share of the cost of the service contract. Lessor agrees that during the Lease Term it will, at all times be maintained by Landlord in accordance with its own expense, keep the laws, ordinances exterior and regulations of all governmental agencies having jurisdiction thereto. Tenant shall not use or knowlingly permit in the Premises, Building or Parking Lot any activity that is illegal, dangerous to the life or limb or overload the floors structural parts of the Building beyond in good condition and repair, and that it will make such repairs promptly as they become necessary. Exterior repairs shall be deemed to include exterior walls, foundations, pavement, roof, gutters, downspouts, and plumbing which is a part of the loads existing at this timestructure or foundation. Lessor shall make such interior replacements as are necessitated by building equipment failure and repairs and replacements necessitated by fire or perils covered by extended coverage clauses (whether or not caused by the active or passive negligence of the Lessee) for which damage or loss insurance is carried by the Lessor and for which insurance proceeds are recovered, including interior reconstruction and/or redecorating necessitated by such fire or permit other perils. Lessor represents that, to the best of its knowledge, there is neither currently nor has there been any objectionable noise release or odor to escape from discharge of any hazardous substances in or around the Premises. Tenant shall not do or knowingly permit to be done on the Leased Premises or the Parking Lot anything that Building/Center. Lessee will increase keep the rate interior of insurance on the Leased Premises provided, however, Landlord represents clean and warrants to Tenant that Tenant’s express rights pursuant to Section 2 of this Lease will not result improperly or unlawfully release, store, handle, or dispose of any refuse, trash or hazardous materials or contaminants in increased insurance ratesthe Leased Premises or in or around the Building of which the Leased Premises form a part. Tenant Lessee shall keep the Premises immediately notify Lessor and the Parking Lot appropriate governmental agencies and authorities having jurisdiction if a release of such materials occurs, and shall take complete corrective action to clean and in sanitary condition, remove the material and restore the Leased Premises in compliance with procedures established by such authorities, and shall provide appropriate evidence of compliance. Lessee agrees to hold Lessor harmless of and from any losses, costs, damages, expenses or liabilities, public or private, arising directly or indirectly as a result of such release or contamination and such indemnification shall survive the regulations of the Board of Health and City of Seattle Fire Department. Notwithstanding anything in this Lease to the contrary, Tenant shall have no obligation expiration or liability with respect to the condition of the Parking Lot or any activities therein except to the extent caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees. At the end of the term of this Lease or upon earlier termination of the Lease. Lessor agrees to hold Lessee harmless of and from any losses, Tenant shall deliver costs, damages, expenses or liabilities arising directly or indirectly as a result of the Premises, release or disposing of hazardous materials in or under the Parking Lot and land underlying the tenant improvements to Landlord in good and sound condition and appearance as received, broom clean, ordinary wear and tear and damage due to casualty or condemnation excepted. Tenant shall repair any damage Building prior to the Premises or Commencement Date. Such indemnified liabilities shall include the Parking Lot occasioned by its use thereofcosts of environmental consultants and engineers, or by the removal of Tenant’s trade fixtures, furnishings cleanup and equipment, which repair shall include, but shall not be limited to, the patching and filling of holes, repairing the floorreporting expenses, and repair of structural damageattorneys fees and costs.

Appears in 1 contract

Samples: Lease Agreement (Sequiam Corp)

CARE OF PREMISES. Tenant has inspected (a) Grantors will keep the buildings, parking areas, roads and accepts walkways, landscaping, and all other improvements of any kind now or hereafter erected on the Land or any part thereof in good condition and repair, will not commit or suffer any waste and will not do or suffer to be done anything which would or could increase the risk of fire or other hazard to the Premises or any other part thereof or which would or could result in the cancellation of any insurance policy carried with respect to the Premises. (b) Grantors will not remove, demolish or alter the structural character of any improvement located on the land without the written consent of Beneficiary nor make or permit use of the Premises for any purpose other than the development currently planned. (c) If the Premises or any part thereof is damaged by fire or any other cause, Grantors will give immediate written notice thereof to Beneficiary. (d) Beneficiary or its representative is hereby authorized to enter upon and inspect the Premises at any time. (e) Grantors will promptly comply with all present and future laws, ordinances, rules and regulations of any governmental authority affecting the Premises or any part thereof. (f) If all or any part of the Premises shall be damaged by fire or other casualty, Grantors will promptly restore the Premises to the equivalent of its original condition; and if a part of the Premises shall be damaged through condemnation, Grantors will promptly restore, repair or alter the remaining portions of the Premises in its present condition and a manner satisfactory to Beneficiary. Notwithstanding the foregoing, Grantors shall keep and maintain the Premises and the Parking Lot and all tenant improvements not be obligated so to restore unless in goodeach instance, safe and sanitary condition and appearance and shall permit no wasteBeneficiary agrees to make available to Grantors (pursuant to a procedure satisfactory to Beneficiary) any net insurance or condemnation proceeds actually received by Beneficiary hereunder in connection with such casualty loss or condemnation, damage, or injury to the Premises, extent such proceeds are required to defray the Parking Lot or the tenant improvements (normal wear and tear, damage due to casualty or condemnation and any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted). The Premises and the Parking Lot shall at all times be kept and used by the Tenant in accordance with the laws, ordinances and regulations expense of all governmental agencies having jurisdiction over the Premises. The Building and all common areas thereto shall at all times be maintained by Landlord in accordance with the laws, ordinances and regulations of all governmental agencies having jurisdiction thereto. Tenant shall not use or knowlingly permit in the Premises, Building or Parking Lot any activity that is illegal, dangerous to the life or limb or overload the floors of the Building beyond the loads existing at this time, or permit any objectionable noise or odor to escape from the Premises. Tenant shall not do or knowingly permit to be done on the Premises or the Parking Lot anything that will increase the rate of insurance on the Premises such restoration; provided, however, Landlord represents and warrants that the insufficiency of any such insurance or condemnation proceeds to Tenant that Tenant’s express rights pursuant defray the entire expense of restoration shall in no way relieve Grantors of their obligation to Section 2 restore. In the event all or any portion of this Lease will not result in increased insurance rates. Tenant shall keep the Premises and shall be damaged or destroyed by fire or other casualty or by condemnation, shall promptly deposit with Beneficiary a sum equal to the Parking Lot clean and in sanitary condition, and in compliance with amount by which the regulations estimated cost of the Board restoration of Health and City of Seattle Fire Department. Notwithstanding anything the Premises (as determined by Beneficiary in this Lease to its good faith judgment) exceeds the contrary, Tenant shall have no obligation actual net insurance or liability condemnation proceeds with respect to the condition of the Parking Lot such damages or any activities therein except to the extent caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees. At the end of the term of this Lease or upon earlier termination of the Lease, Tenant shall deliver the Premises, the Parking Lot and the tenant improvements to Landlord in good and sound condition and appearance as received, broom clean, ordinary wear and tear and damage due to casualty or condemnation excepted. Tenant shall repair any damage to the Premises or the Parking Lot occasioned by its use thereof, or by the removal of Tenant’s trade fixtures, furnishings and equipment, which repair shall include, but shall not be limited to, the patching and filling of holes, repairing the floor, and repair of structural damagedestruction.

Appears in 1 contract

Samples: Deed of Trust and Security Agreement (Azur International, Inc.)

CARE OF PREMISES. Tenant has inspected and accepts (a) The Mortgagor will keep the improvements now or hereafter erected on the Premises in its present good condition and shall keep repair, will not commit or suffer any material waste and maintain will not do or suffer to be done anything which will increase the risk of fire or other hazard to the Premises and or any part thereof. (b) The Mortgagor will not remove or demolish nor materially alter the Parking Lot and all tenant improvements in gooddesign or structural character of any building (now or hereafter erected), safe and sanitary condition and appearance and fixture or chattel which is part of the security or other part of the Premises without the prior written consent of the Mortgagee, which consent shall permit no wastenot be unreasonably withheld, damageconditioned or delayed, or injury except as otherwise specifically provided in the Loan Documents. (c) If the Premises or any part thereof is damaged by fire or any other cause, the Mortgagor will give immediate written notice of the same to the Premises, Mortgagee. (d) The Mortgagee or its representative is hereby authorized to enter upon and inspect the Parking Lot or the tenant improvements Premises at any time during normal business hours upon reasonable prior notice. (normal wear e) The Mortgagor will promptly comply with all present and tear, damage due to casualty or condemnation and any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted). The Premises and the Parking Lot shall at all times be kept and used by the Tenant in accordance with the future laws, ordinances ordinances, rules and regulations of all any governmental agencies having jurisdiction over the Premises. The Building and all common areas thereto shall at all times be maintained by Landlord in accordance with the laws, ordinances and regulations of all governmental agencies having jurisdiction thereto. Tenant shall not use or knowlingly permit in the Premises, Building or Parking Lot any activity that is illegal, dangerous to the life or limb or overload the floors of the Building beyond the loads existing at this time, or permit any objectionable noise or odor to escape from the Premises. Tenant shall not do or knowingly permit to be done on authority affecting the Premises or any part thereof including, but not limited to, the Parking Lot anything Americans with Disabilities Acts of 1990 (“ADA”). Mortgagor covenants, warrants and agrees, that will increase the rate of insurance on the Premises provided, however, Landlord represents and warrants to Tenant that Tenant’s express rights pursuant to Section 2 of this Lease will not result in increased insurance rates. Tenant shall keep the Premises and the Parking Lot clean and in sanitary condition, and in compliance with the regulations of the Board of Health and City of Seattle Fire Department. Notwithstanding anything in this Lease to the contrary, Tenant shall have no obligation or liability with respect to the condition of the Parking Lot or any activities therein except to the extent caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees. At the end of during the term of this Lease or upon earlier termination Mortgage and so long as any amounts due under the Loan remain unpaid, Mxxxxxxxx will indemnify and hold harmless Mortgagee for any violation of the LeaseADA and the rules promulgated thereof and pertaining to any existing improvements and any new improvements, Tenant renovations, remodel, or repair. (f) If all or any part of the Premises shall deliver the Premisesbe damaged by fire or other casualty, the Parking Lot Mortgagor will, upon request of the Mortgagee and Mortgagee’s release of insurance proceeds to Mortgagor, promptly restore the Premises to the equivalent of its condition immediately prior to such damage, and if a part of the Premises shall be damaged through condemnation, the Mortgagor will, upon request of Mortgagee, and Mortgagee’s release of condemnation proceeds to Mortgagor promptly restore, repair or alter the remaining part of the Premises in a manner satisfactory to the Mortgagee. Provided, however, that if tenant leases do not require restoration and/or repair, but instead, Mortgagor may, at its option, cause damaged improvements to be razed and the tenant improvements land to Landlord be leveled, cleared and otherwise put in good and sound condition and appearance as received, broom clean, ordinary wear and tear and damage due to casualty or condemnation excepted. Tenant shall repair any damage to the Premises or the Parking Lot occasioned by its use thereof, or by the removal of Tenant’s trade fixtures, furnishings and equipment, which repair shall include, but shall not be limited to, the patching and filling of holes, repairing the floor, and repair of structural damageorder.

Appears in 1 contract

Samples: Mortgage Agreement (Generation Income Properties, Inc.)

CARE OF PREMISES. Tenant has inspected Landlord shall perform all normal maintenance and accepts repairs to the Premises in its present condition and shall keep and which Landlord reasonably determines necessary to maintain the Premises and the Parking Lot Building as a first-class office building; provided that Landlord shall not be required to maintain or repair any Tenant's Property or any appliances (such as water heaters, refrigerators, microwaves and all tenant improvements in good, safe the like) which are part of the Premises (but the foregoing is not intended to relieve Landlord from its obligation to maintain electrical and sanitary condition and appearance and shall permit no waste, damage, or injury plumbing lines supplying such appliances to the Premises, the Parking Lot or the tenant improvements (normal wear and tear, damage due to casualty or condemnation and any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted). The Premises and the Parking Lot shall at all times be kept and used by the Tenant in accordance with the laws, ordinances and regulations extent such lines are outside of all governmental agencies having jurisdiction over the Premises. The Building and all common areas thereto shall at all times be maintained by Landlord in accordance with the laws, ordinances and regulations of all governmental agencies having jurisdiction thereto). Tenant shall not use or knowlingly permit in the Premises, Building or Parking Lot any activity that is illegal, dangerous to the life or limb or overload the floors take good care of the Building beyond the loads existing at this time, or permit any objectionable noise or odor to escape from the Premises. Tenant shall not do make any alterations, additions or knowingly permit improvements ("ALTERATIONS") in or to the Premises, or make changes to locks on doors, or add, disturb or in any way change any plumbing or wiring ("CHANGES") without first obtaining the written consent of Landlord and, where appropriate, in accordance with plans and specifications approved by Landlord, provided that Tenant may make Alterations without obtaining the consent of Landlord so long as (a) the cost of any such Alteration or any similar Alterations in the aggregate does not exceed Twenty-five Thousand Dollars ($25,000), (b) the Alteration is not to any structural component of the Building, (c) the Alteration does not involve any penetration of any floor, ceiling, or structural or exterior wall or affect the electrical or HVAC systems in the Building, and (d) Tenant adheres to the requirements of SECTION 4.4 of EXHIBIT B. Any Alterations or Changes required to be done on made to the Premises by any amendment to any Law or any new Law shall be made at Tenant's sole expense and shall be subject to the Parking Lot anything that will increase the rate prior written consent of insurance on the Premises provided, howeverLandlord. In such consent, Landlord represents and warrants shall indicate whether or not such Alternation or Change is to Tenant that Tenant’s express rights pursuant be restored to Section 2 its original condition at the termination of this Lease will not result in increased insurance ratesLease. Tenant shall keep the Premises reimburse Landlord for any reasonable sums paid to third parties for examination and the Parking Lot clean approval of architectural or mechanical plans and in sanitary condition, and in compliance with the regulations specifications of the Board of Health Alterations and City of Seattle Fire Department. Notwithstanding anything in this Lease to the contrary, Tenant shall have no obligation Changes and direct costs reasonably incurred during any inspection or liability with respect to the condition supervision of the Parking Lot Alterations or any activities therein except Changes. Subject to the extent caused by Tenant SECTIONS 14 and 15, all damages or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees. At the end of the term of this Lease or upon earlier termination of the Lease, Tenant shall deliver the Premises, the Parking Lot and the tenant improvements to Landlord in good and sound condition and appearance as received, broom clean, ordinary wear and tear and damage due to casualty or condemnation excepted. Tenant shall repair any damage injury done to the Premises or the Parking Lot occasioned Building by its use thereof, Tenant or by any persons who may be in or upon the removal Premises or Building with the express or implied consent of Tenant’s trade fixtures, furnishings including but not limited to the cracking or breaking of any glass of windows and equipmentdoors, which repair shall include, but shall not be limited to, the patching and filling of holes, repairing the floor, and repair of structural damagepaid for by Tenant.

Appears in 1 contract

Samples: Office Lease Agreement (Drugstore Com Inc)

CARE OF PREMISES. 8.1 The Tenant has inspected covenants that during the Term of this Lease and accepts any renewal thereof that the Tenant shall keep in good condition the Premises in its present including all alterations and additions made thereto and shall, with or without notice, promptly make all the needed repairs and necessary replacements as would a prudent owner. Without limiting the generality of the foregoing or any term or condition and of this Lease, the Tenant shall keep and maintain be responsible for the cost of repair of the Premises and if such damage is caused through the Parking Lot and all tenant improvements negligence, carelessness or misuse by the Tenant, its servants, agents, employees, clients or anyone permitted by the Tenant to be in goodthe Premises. The expense of any repair, safe and sanitary condition and appearance and replacement or alteration completed by the Landlord shall permit no waste, damage, or injury be paid by the Tenant to the Premises, the Parking Lot or the tenant improvements (normal Landlord forthwith upon demand. 8.2 The Tenant shall not be liable to effect repairs attributable to reasonable wear and tear, damage due those repairs shall be deemed to casualty be the Landlord’s responsibility as the owner of the property as further specified in section 8.7. 8.3 The Tenant shall permit the Landlord or condemnation a person authorized by the Landlord to enter the Premises to examine the condition thereof and any condition to view the state of repair at reasonable times on a Business Day during Business Hours, and: 8.3.1 If upon such examination repairs are found to be necessary, written notice of the repairs shall be given to the Tenant by or on behalf of the Landlord and the Tenant shall make the necessary repairs within the time specified in the Parking Lot notice. 8.3.2 If the Tenant refuses or neglects to keep the Premises in good repair the Landlord may, but shall not caused be obliged to, make any necessary repairs and shall be permitted to enter the Premises by itself or its servants or agents for the purpose of effecting the repairs without being liable to the Tenant for any loss, damage or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted). The Premises and the Parking Lot shall at all times be kept and used by inconvenience to the Tenant in accordance connection with the lawsLandlord’s entry and repairs. If the Landlord makes repairs of a kind as would a prudent owner then the Tenant shall pay the cost of such repairs immediately upon receipt of an invoice and supporting documentation including receipts as Additional Rent. 8.4 Upon expiry of the Term or upon the expiry of any renewal of the Term, ordinances or upon any other termination of this Lease, the Tenant agrees to peaceably surrender the Premises including any alteration or additions made thereto save and regulations of all governmental agencies having jurisdiction over except personal property to the Premises. The Building and all common areas thereto shall at all times be maintained by Landlord in accordance a state of good repair, reasonable wear and tear excepted. 8.5 In the case of an emergency, the Landlord may enter any part of the Premises without prior notice to the Tenant. 8.6 The Tenant shall immediately give written notice to the Landlord of any substantial damage that occurs to the Premises from any cause. 8.7 The Landlord covenants with the laws, ordinances and regulations of all governmental agencies having jurisdiction thereto. Tenant shall not use or knowlingly permit in the Premises, Building or Parking Lot any activity that is illegal, dangerous subject to the life or limb or overload the floors terms of the Building beyond the loads existing at this time, or permit any objectionable noise or odor to escape from the Premises. Tenant shall not do or knowingly permit to be done on the Premises or the Parking Lot anything that will increase the rate of insurance on the Premises provided, however, Landlord represents and warrants to Tenant that Tenant’s express rights pursuant to Section 2 of this Lease will not result in increased insurance rates. Tenant shall keep the Premises and the Parking Lot clean and in sanitary condition, and in compliance with the regulations of the Board of Health and City of Seattle Fire Department. Notwithstanding anything in this Lease to the contrary, Tenant shall have no obligation or liability with respect to that the Premises are now in a good state of repair and tenantable condition and that the Landlord will, except for reasonable wear and tear, keep the Building and common areas and any building systems serving the Premises that are not the responsibility of the Parking Lot or any activities therein except to the extent caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees. At the end of the term of under this Lease or upon earlier termination of the Lease, Tenant shall deliver the Premises, the Parking Lot and the tenant improvements to Landlord in good and sound tenantable condition at all times during the Term and appearance as receivedany extension(s) thereof. For greater certainty, broom clean, ordinary wear and tear and damage due the Landlord’s obligations shall not extend to casualty or condemnation excepted. any matters that are the responsibility of the Tenant herein. 8.8 The Tenant shall permit the Landlord or a person authorized by the Landlord to enter the Premises to examine the condition thereof and to view the state of repair at reasonable times on a Business Day during Business Hours. If, upon such examination, it is determined that maintenance, repairs or replacement of any damage building systems or Premises are found to be necessary, written notice of such maintenance, repairs or replacements shall be delivered to the Tenant by or on behalf of the Landlord and the Landlord shall make the necessary repairs within the time specified in the notice. If such maintenance, repairs or replacements to the of any building systems or Premises are such to render the Premises either wholly or the Parking Lot occasioned by its use thereof, or partially incapable of being occupied by the removal Tenant to enable the Tenant to carry on its business, then Base Rent and all Additional Rent shall xxxxx in proportion to the area of the Premises incapable of being occupied by the Tenant’s trade fixtures, furnishings for the duration of such maintenance, repairs or replacements. Upon completion of such maintenance, repairs or replacements, Base Rent and equipmentAdditional Rent contemplated by this Lease shall recommence on the day next following the day upon which the Chief Building Official of the City of North Bay issues a certificate of compliance in respect to such maintenance, which repair shall include, but shall not be limited to, the patching and filling of holes, repairing the floorrepairs or replacements, and repair in the event a certificate of structural damagecompliance is not required in respect to such maintenance, repairs or replacements, then Base Rent and Additional Rent shall recommence upon delivery of satisfactory proof to the Tenant that the Premises are fit for occupancy.

Appears in 1 contract

Samples: Tenancy Agreement

CARE OF PREMISES. Tenant has inspected and accepts There is to be no smoking inside of the Premises in its present condition and shall keep and maintain the Premises and the Parking Lot and all tenant improvements in goodbuilding, safe and sanitary condition and appearance and shall permit no wasteif for any reason TENANTS smoking or TENANTS guests, damage, or injury to the Premises, the Parking Lot or the tenant improvements (normal wear and tear, damage due to casualty or condemnation and any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directorsinvitees, employees, agentsetc., contractorssmoking were to damage paint or cause any odor, licensees it is the TENANTS responsibility to correct to its original state. TENANT accepts the premises in a good and sanitary state of repair and shall fully maintain same in a good, clean, and safe manner. TENANT shall not commit or invitees excepted)allow to be committed any waste on or near the premises, create or allow any nuisance to exist on or near the premises, or use or allow the premises to be used for any unlawful purpose. The Premises TENANT shall comply, at TENANT'S expense, with all governmental laws, statutes, ordinances, or requirements now or which may hereafter be in force. SECONDARY CONTAINMENT REQUIRED FOR ALL LIQUIDS STORED 6 GALLONS OR MORE. Further, TENANT shall be responsible for all maintenance of the premises (doors, wall openings, windows, air conditioning, electrical, (which also includes replacement of light-bulbs, tube lighting, and emergency back-up lights etc.,) plumbing, and mechanical and TENANT shall be responsible for any cost or repair or replacement. Air conditioning filters are to be changed on a monthly basis. Failure to change filters on a monthly basis will cause dust and debris buildup and any resulting damages will be the TENANT'S responsibility. TENANT acknowledges receipt of the articles enumerated on the attached contents list to the lease and the Parking Lot shall at covenants and agrees to assume full responsibility for same and to replace all times missing or damaged articles. TENANT will not change any paint colors inside the unit. Any alterations must be kept approved in writing by LANDLORD and used by the Tenant in accordance with the laws, ordinances and regulations of all governmental agencies having jurisdiction over the Premises. The Building and all common areas thereto shall at all times be maintained by Landlord in accordance with the laws, ordinances and regulations of all governmental agencies having jurisdiction thereto. Tenant shall not use or knowlingly permit in the Premises, Building or Parking Lot any activity that is illegal, dangerous reversed to the life original colors before lease expiration. TENANT is responsible for any glass in windows or limb door damage. TENANT shall also be responsible for any costs associated with environmental regulation, maintenance, or overload the floors clean-ups arising out of TENANT'S use of the Building beyond the loads existing at this timepremises. It is further understood and agreed that any charges against TENANT by LANDLORD for services, labor, material, or permit any objectionable noise or odor to escape from the Premises. Tenant shall not do or knowingly permit to be work done on the Premises premises at the request of TENANT or the Parking Lot anything that will increase the rate of insurance on the Premises providedotherwise accruing hereunder, however, Landlord represents shall be deemed and warrants to Tenant that Tenant’s express rights pursuant to Section 2 of this Lease will not result in increased insurance rates. Tenant shall keep the Premises and the Parking Lot clean and in sanitary condition, and in compliance with the regulations of the Board of Health and City of Seattle Fire Department. Notwithstanding anything in this Lease to the contrary, Tenant shall have no obligation or liability with respect to the condition of the Parking Lot or any activities therein except to the extent caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees. At the end of the term of this Lease or upon earlier termination of the Lease, Tenant shall deliver the Premises, the Parking Lot and the tenant improvements to Landlord in good and sound condition and appearance defined as received, broom clean, ordinary wear and tear and damage due to casualty or condemnation excepted. Tenant shall repair any damage to the Premises or the Parking Lot occasioned by its use thereof, or by the removal of Tenant’s trade fixtures, furnishings and equipment, which repair shall include, but shall not be limited to, the patching and filling of holes, repairing the floor, and repair of structural damage"rent".

Appears in 1 contract

Samples: Warehouse Lease Agreement (Sense Holdings Inc)

CARE OF PREMISES. Tenant has inspected Borrower hereby covenants and accepts agrees: 3.5.1. Borrower will, at its expense, (i) keep the buildings, parking areas, roads and walkways, recreational facilities, landscaping and all other improvements of any kind now or hereafter erected on the Land or any part thereof in accordance with Borrower's maintenance practices as of October 31, 1997 and in compliance with all existing and future applicable Legal Requirements, and (ii) not commit or suffer to be committed any waste of the Premises or do or suffer to be done anything (other than that which is inherent in its present condition and shall keep and maintain the Premises and ordinary course of Borrower's business operations) which will increase the Parking Lot and all tenant improvements in good, safe and sanitary condition and appearance and shall permit no waste, damage, risk of fire or injury other hazard to the Premises, impair the Parking Lot value thereof or the tenant improvements (normal wear and tear, damage due to casualty or condemnation and take any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted). The Premises and the Parking Lot shall at all times be kept and used by the Tenant in accordance with the laws, ordinances and regulations of all governmental agencies having jurisdiction over action which might invalidate any insurance carried on the Premises. The Building Borrower shall keep the sidewalks, vaults, gutters and all common areas thereto shall at all times be maintained by Landlord in accordance with the lawscurbs comprising of, ordinances and regulations of all governmental agencies having jurisdiction thereto. Tenant shall not use or knowlingly permit in adjacent to, the Premises, Building clean and free from dirt, snow, ice, rubbish and obstructions. All repairs made by Borrower shall be made in a good and workmanlike manner, shall be equal or Parking Lot any activity that is illegal, dangerous better in quality and class to the life original work and shall comply with all applicable Legal Requirements and Insurance Requirements. 3.5.2. Borrower may demolish, remove, construct or limb alter the Premises or overload the floors of the Building beyond the loads existing at this time, any portion thereof; or consent to or permit any objectionable noise such demolition, removal, construction, or odor to escape from alteration without Lender's prior written consent in each instance; provided, in each case, that any such demolition, removal, construction or alteration does not materially and adversely affect the value of the Premises. 3.5.3. Tenant shall not do or knowingly permit to be done on If the Premises or the Parking Lot anything that any part thereof is materially damaged by fire or any other cause, Borrower will increase the rate of insurance on give immediate written notice thereof to Lender. 3.5.4. Lender or its representative is hereby authorized to enter upon and inspect the Premises provided, however, Landlord represents and warrants to Tenant at any time during normal business hours provided that Tenant’s express rights pursuant to Section 2 of this Lease Lender will not result in increased insurance rates. Tenant shall keep the Premises and the Parking Lot clean and in sanitary condition, and in compliance unreasonably interfere with the regulations business operations of the Board of Health and City of Seattle Fire Department. Notwithstanding anything in this Lease to the contrary, Tenant shall have no obligation or liability with respect to the condition of the Parking Lot or any activities therein except to the extent caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees. At the end of the term of this Lease or upon earlier termination of the Lease, Tenant shall deliver the Premises, the Parking Lot and the tenant improvements to Landlord in good and sound condition and appearance as received, broom clean, ordinary wear and tear and damage due to casualty or condemnation excepted. Tenant shall repair any damage to the Premises or the Parking Lot occasioned by its use thereof, or by the removal of Tenant’s trade fixtures, furnishings and equipment, which repair shall include, but shall not be limited to, the patching and filling of holes, repairing the floor, and repair of structural damageBorrower.

Appears in 1 contract

Samples: Master Mortgage, Deed to Secure Debt, and Deed of Trust (Americold Corp /Or/)

CARE OF PREMISES. Tenant has inspected (a) The Grantor will keep the buildings, parking areas, roads and accepts walkways, recreat ional facilities, landscaping and all other impr ovements of any kind no w or her eafter erect ed on the Real Property or any part thereof in good condition and repair , wi ll not commit or suffer any waste, and will not do or suffer to be done anything which will increase the risk of fire or other hazard to the Premises or any part thereof. (b) Except in the ordinary course of its business, the Grantor will not remove or demolish nor alter the struct ural char acter of any impr ovement located on the Real Property without the prior written consent of the Beneficiary. (c) If the Premises or any part thereof is damaged by fire or any other cause, the Grantor will give immediate xx xxxxx notice ther eof to the Beneficiary and the Trus tee. (d) Upon reasonable no xxxx to the Xx xxxxx, the Beneficiary or its representative is hereby authorized to enter upon and inspect the Premises at any time during normal business hours. The Beneficiary agr ees that any confidential information about the Grantor obtained in the exercise of its rig hts under this subpar agraph (d) shall, except as otherwise required by law or regulation applicable to the Beneficiary, be maintained in a confiden tial manner and s hall be used by the Beneficiary only for the protection of its rights and interests hereunder. (e) The Grantor will promptly comply with all present and future laws, ordinances, rules and regulations of any governmental authority (including, but not limited to, all environmental and ecological laws and regulations) affecting the Premises or any part thereof. (f) If all or any part of the Premises shall be damaged by fire or other casualty, the Grantor will promptly restore the Premises to the equivalent of its condition immediately prior to the fire or other casualty; and if a part of the Premises shall be damaged through condemnation, the Grantor will pro mptly rest ore, repair or alter the remaining portions of the Premises in its present condition and shall keep and maintain the Premises and the Parking Lot and all tenant improvements in good, safe and sanitary condition and appearance and shall permit no waste, damage, or injury a manner satisfactory to the PremisesBeneficiary. Notwithstanding the foregoing, the Parking Lot or Grantor shall not be obligated to so restore unless in each instance, the tenant improvements Beneficiary agrees to make available to the Grantor (normal wear and tear, damage due pursuant to casualty a procedure satisfactory to the Beneficiary) any net insurance or condemnation and any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted). The Premises and the Parking Lot shall at all times be kept and used proceeds actually received by the Tenant Beneficiary her eunder in accordance con nection with the lawssuch casualty loss or condemnation, ordinances and regulations of all governmental agencies having jurisdiction over the Premises. The Building and all common areas thereto shall at all times be maintained by Landlord in accordance with the laws, ordinances and regulations of all governmental agencies having jurisdiction thereto. Tenant shall not use or knowlingly permit in the Premises, Building or Parking Lot any activity that is illegal, dangerous to the life or limb or overload extent such pr oceeds are r equired to defray the floors expense of the Building beyond the loads existing at this time, or permit any objectionable noise or odor to escape from the Premises. Tenant shall not do or knowingly permit to be done on the Premises or the Parking Lot anything that will increase the rate of insurance on the Premises such restoration; provided, however, Landlord represents and warrants that the insufficiency of any such insurance or condemnation proceeds to Tenant that Tenant’s express rights pursuant defray the entire expense of restoration shall in no way relieve the Grantor of its obligation to Section 2 restore. Notwithstanding the foregoing, for so long as the Lease Agreement is in effect, the provisions of this Lease will not result in increased insurance rates. Tenant shall keep the Premises and the Parking Lot clean and in sanitary condition, and in compliance with the regulations Article IX of the Board of Health and City of Seattle Fire Department. Notwithstanding anything in this Lease to the contrary, Tenant Agreement shall have no obligation or liability govern with respect to (1) the condition repair and replacement of the Parking Lot Premises in the event of damage or any activities therein except to destruction and (2) the extent caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees. At the end use of the term Net Proceeds of this Lease or upon earlier termination of the Lease, Tenant shall deliver the Premises, the Parking Lot and the tenant improvements to Landlord in good and sound condition and appearance as received, broom clean, ordinary wear and tear and damage due to casualty insurance or condemnation excepted. Tenant shall repair in any damage to the Premises or the Parking Lot occasioned by its use thereof, or by the removal of Tenant’s trade fixtures, furnishings and equipment, which repair shall include, but shall not be limited to, the patching and filling of holes, repairing the floor, and repair of structural damagesuch event.

Appears in 1 contract

Samples: Deed of Trust and Security Agreement

CARE OF PREMISES. Tenant has inspected and accepts (a) Obligor will keep the Premises in its present good condition and shall keep repair, will not commit or suffer any waste and maintain will not do or suffer to be done anything which will increase the risk of fire or other hazard to the Premises and or any part thereof or which would or could result in the Parking Lot and all tenant improvements in good, safe and sanitary condition and appearance and shall permit no waste, damage, or injury cancellation of any insurance policy carried with respect to the Premises. (b) Obligor will not construct any improvements on the Premises nor remove, demolish or alter the Parking Lot design or structural character of any building without the tenant improvements prior written consent of the Lender, and Obligor will not permit the removal, demolition or alteration thereof. (normal wear c) If the Premises or any part thereof is damaged by fire or other cause, Obligor will give immediate oral and tearwritten notices of the same to the Lender. (d) The Lender is hereby authorized and empowered to enter and to authorize others to enter upon any or all of the Premises, damage due at any time and from time to casualty time, to inspect the same, to perform or condemnation observe any covenants, conditions or terms which Obligor shall fail to perform, meet or comply with, or for any other purpose in connection with the protection or preservation of the Lender's security, without thereby becoming liable to Obligor or any person in possession holding under Obligor. Obligor agrees that it will open and any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, cause its agents, contractorsmanagers, licensees operators, tenants or invitees excepted). The lessees to open to the Lender all areas within the Premises reasonably necessary or convenient with respect to the requirements hereof. (e) Obligor will promptly comply with all present and the Parking Lot shall at all times be kept and used by the Tenant in accordance with the future laws, ordinances ordinances, rules and regulations of all any governmental agencies having jurisdiction over the Premises. The Building and all common areas thereto shall at all times be maintained by Landlord in accordance with the laws, ordinances and regulations of all governmental agencies having jurisdiction thereto. Tenant shall not use or knowlingly permit in the Premises, Building or Parking Lot any activity that is illegal, dangerous to the life or limb or overload the floors of the Building beyond the loads existing at this time, or permit any objectionable noise or odor to escape from the Premises. Tenant shall not do or knowingly permit to be done on authority affecting the Premises or the Parking Lot anything that will increase the rate any part thereof. (f) If all or any part of insurance on the Premises shall be damaged by fire or other casualty, Obligor will promptly restore the Premises to the equivalent of its original condition and if a part of the Premises shall be damaged through condemnation, Obligor will promptly restore, repair or alter the remaining portions of the Premises in a manner satisfactory to the Lender. Notwithstanding the foregoing, Obligor shall not be obligated so to restore, repair or alter unless in each instance, the Lender agrees to make available to Obligor (pursuant to a procedure satisfactory to the Lender) any net insurance or condemnation proceeds actually received by the Lender hereunder in connection with such casualty loss, to the extent such proceeds are required to defray the expense of such restoration, repair or alteration; provided, however, Landlord represents and warrants that the insufficiency of any such insurance or condemnation proceeds to Tenant that Tenant’s express rights pursuant defray the entire expense of restoration, repair or alteration shall in no way relieve Obligor of its obligation to Section 2 restore, repair or alter. In the event all or any portion of this Lease will not result in increased insurance rates. Tenant shall keep the Premises and the Parking Lot clean and in sanitary conditionshall be damaged or destroyed by fire or other casualty or by condemnation, and in compliance Obligor shall promptly deposit with the regulations Lender a sum equal to the amount by which the estimated cost of the Board restoration of Health and City of Seattle Fire Department. Notwithstanding anything the Premises (as determined by the Lender in this Lease to its good faith judgment) exceeds the contrary, Tenant shall have no obligation actual net insurance or liability condemnation proceeds with respect to the condition of the Parking Lot such damage or any activities therein except to the extent caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees. At the end of the term of this Lease or upon earlier termination of the Lease, Tenant shall deliver the Premises, the Parking Lot and the tenant improvements to Landlord in good and sound condition and appearance as received, broom clean, ordinary wear and tear and damage due to casualty or condemnation excepted. Tenant shall repair any damage to the Premises or the Parking Lot occasioned by its use thereof, or by the removal of Tenant’s trade fixtures, furnishings and equipment, which repair shall include, but shall not be limited to, the patching and filling of holes, repairing the floor, and repair of structural damagedestruction.

Appears in 1 contract

Samples: Restated Mortgage and Assumption Agreement (Pelican Properties International Corp)

CARE OF PREMISES. Tenant has inspected and accepts (a) The Mortgagor will keep the improvements now or hereafter erected on the Premises in its present good condition and shall keep repair, will not commit or suffer any material waste and maintain will not do or suffer to be done anything which will increase the risk of fire or other hazard to the Premises and or any part thereof. (b) The Mortgagor will not remove or demolish nor materially alter the Parking Lot and all tenant improvements in gooddesign or structural character of any building (now or hereafter erected), safe and sanitary condition and appearance and fixture or chattel which is part of the security or other part of the Premises without the prior written consent of the Mortgagee, which consent shall permit no wastenot be unreasonably withheld, damageconditioned or delayed, or injury except as otherwise specifically provided in the Loan Documents. (c) If the Premises or any part thereof is damaged by fire or any other cause, the Mortgagor will give immediate written notice of the same to the Premises, Mortgagee. (d) The Mortgagee or its representative is hereby authorized to enter upon and inspect the Parking Lot or the tenant improvements Premises at any time during normal business hours upon reasonable prior notice. (normal wear e) The Mortgagor will promptly comply with all present and tear, damage due to casualty or condemnation and any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted). The Premises and the Parking Lot shall at all times be kept and used by the Tenant in accordance with the future laws, ordinances ordinances, rules and regulations of all any governmental agencies having jurisdiction over the Premises. The Building and all common areas thereto shall at all times be maintained by Landlord in accordance with the laws, ordinances and regulations of all governmental agencies having jurisdiction thereto. Tenant shall not use or knowlingly permit in the Premises, Building or Parking Lot any activity that is illegal, dangerous to the life or limb or overload the floors of the Building beyond the loads existing at this time, or permit any objectionable noise or odor to escape from the Premises. Tenant shall not do or knowingly permit to be done on authority affecting the Premises or any part thereof including, but not limited to, the Parking Lot anything Americans with Disabilities Acts of 1990 (“ADA”). Mortgagor covenants, warrants and agrees, that will increase the rate of insurance on the Premises provided, however, Landlord represents and warrants to Tenant that Tenant’s express rights pursuant to Section 2 of this Lease will not result in increased insurance rates. Tenant shall keep the Premises and the Parking Lot clean and in sanitary condition, and in compliance with the regulations of the Board of Health and City of Seattle Fire Department. Notwithstanding anything in this Lease to the contrary, Tenant shall have no obligation or liability with respect to the condition of the Parking Lot or any activities therein except to the extent caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees. At the end of during the term of this Lease or upon earlier termination Mortgage and so long as any amounts due under the Loan remain unpaid, Mortgagor will indemnify and hold harmless Mortgagee for any violation of the LeaseADA and the rules promulgated thereof and pertaining to any existing improvements and any new improvements, Tenant renovations, remodel, or repair. (f) If all or any part of the Premises shall deliver the Premisesbe damaged by fire or other casualty, the Parking Lot Mortgagor will, upon request of the Mortgagee and Mortgagee’s release of insurance proceeds to Mortgagor, promptly restore the Premises to the equivalent of its condition immediately prior to such damage, and if a part of the Premises shall be damaged through condemnation, the Mortgagor will, upon request of Mortgagee, and Mortgagee’s release of condemnation proceeds to Mortgagor promptly restore, repair or alter the remaining part of the Premises in a manner satisfactory to the Mortgagee. Provided, however, that if tenant leases do not require restoration and/or repair, but instead, Mortgagor may, at its option, cause damaged improvements to be razed and the tenant improvements land to Landlord be leveled, cleared and otherwise put in good and sound condition and appearance as received, broom clean, ordinary wear and tear and damage due to casualty or condemnation excepted. Tenant shall repair any damage to the Premises or the Parking Lot occasioned by its use thereof, or by the removal of Tenant’s trade fixtures, furnishings and equipment, which repair shall include, but shall not be limited to, the patching and filling of holes, repairing the floor, and repair of structural damageorder.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Generation Income Properties, Inc.)

CARE OF PREMISES. Tenant has inspected Lessor at its expense shall maintain in good repair the outside walls and accepts roof of the building and the surface of all parking areas, sidewalks and driveways, and the structural soundness of the building. Lessee at its expense shall maintain and keep in good repair the inside of the Premises including the plumbing, electrical wiring, interior walls, partitions and windows, floor coverings, and Lessee shall be responsible for all damage to glass. Lessee shall not make any alterations in its present condition the Premises without prior written consent of the Lessor. Lessee shall not perform any acts or carry on any practice which may injure the Premises or be a nuisance or menace to other tenants in the building and Lessee shall keep the Premises under its control clean and maintain free from rubbish at all times. Any and all structural repairs and/or improvements to the interior of the Lessee's Premises including carpeting shall remain the property of the Lessor upon termination of the Lease, and only shall be made in accordance with all applicable rules, regulations, ordinances and appropriate licenses required thereof. all janitoral service on the interior of the Premises shall be furnished by the Lessee at Lessee's cost, and the exterior of the Premises and the Parking Lot parking and other common areas shall be maintained and cared for at Lessor's cost. All trash and rubbish shall be placed in receptacles designated by Lessor and Lessor shall cause the removal of all tenant trash and rubbish from the office building at Lessor's cost. All improvements in good, safe and sanitary condition and appearance and shall permit no waste, damage, or made by the Lessee to the Premises which are so attached to the Premises that they cannot be removed without injury to the PremisesPremises as well as all carpeting, window blinds and verticals, shall become the Parking Lot or property of the tenant improvements (normal Lessor upon installation. Not later than the last day of the term of the Lease, Lessee, at its expense, shall remove all of the Lessee's personal property which has not become the property of the Lessor and surrender the Premises in as good condition as they were at the beginning of the term of this Lease, reasonable wear and tear, damage due to casualty or condemnation and any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees tear excepted). The Premises and the Parking Lot shall at all times be kept and used by the Tenant in accordance with the laws, ordinances and regulations of all governmental agencies having jurisdiction over the Premises. The Building and all common areas thereto shall at all times be maintained by Landlord in accordance with the laws, ordinances and regulations of all governmental agencies having jurisdiction thereto. Tenant shall not use or knowlingly permit in the Premises, Building or Parking Lot any activity that is illegal, dangerous to the life or limb or overload the floors All property of the Building beyond the loads existing at this time, or permit any objectionable noise or odor to escape from the Premises. Tenant shall not do or knowingly permit to be done Lessee remaining on the Premises or after the Parking Lot anything that will increase the rate of insurance on the Premises provided, however, Landlord represents and warrants to Tenant that Tenant’s express rights pursuant to Section 2 of this Lease will not result in increased insurance rates. Tenant shall keep the Premises and the Parking Lot clean and in sanitary condition, and in compliance with the regulations of the Board of Health and City of Seattle Fire Department. Notwithstanding anything in this Lease to the contrary, Tenant shall have no obligation or liability with respect to the condition of the Parking Lot or any activities therein except to the extent caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees. At the end last day of the term of this Lease or upon earlier termination of shall conclusively be deemed abandoned and may be removed by the LeaseLessor, Tenant shall deliver the Premises, the Parking Lot and the tenant improvements to Landlord in good Lessee shall reimburse the Lessor for the cost of such removal. Lessor may have any such property stored at Lessee's risk and sound condition and appearance as received, broom clean, ordinary wear and tear and damage due to casualty or condemnation excepted. Tenant shall repair any damage to the Premises or the Parking Lot occasioned by its use thereof, or by the removal of Tenant’s trade fixtures, furnishings and equipment, which repair shall include, but shall not be limited to, the patching and filling of holes, repairing the floor, and repair of structural damageexpense.

Appears in 1 contract

Samples: Lease Amendment (Admiralty Bancorp Inc)

CARE OF PREMISES. This Lease shall be deemed and construed to be an "absolute net lease." Tenant has inspected shall, at its sole cost and accepts expense, keep the Premises or arrange with its management agent to keep the Premises in its present a working, neat, clean, sanitary, safe condition and repair, and shall keep and maintain or cause its management company to keep the Premises and the Parking Lot and all tenant improvements in good, safe and sanitary condition and appearance and shall permit no waste, damage, free from debris or injury to the Premises, the Parking Lot or the tenant improvements (normal wear and tear, damage due to casualty or condemnation and any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted). The Premises and the Parking Lot shall at all times be kept and used by the Tenant in accordance with the laws, ordinances and regulations of all governmental agencies having jurisdiction over the Premises. The Building and all common areas thereto shall at all times be maintained by Landlord in accordance with the laws, ordinances and regulations of all governmental agencies having jurisdiction theretotrash buildup. Tenant shall not use make or knowlingly permit in cause its management company to make all repairs or replacements thereon or thereto, whether ordinary or extraordinary. Without limiting the Premisesforegoing, Building or Parking Lot any activity that is illegalTenant’s obligations hereunder shall include the maintenance, dangerous to the life or limb or overload the floors repair and replacement of the Building beyond foundation, roof (including roof membrane), walls and all other structural components of the loads existing at this timeBuilding; all heating, ventilation, air conditioning, plumbing, electrical, mechanical, utility and safety systems serving the Building or permit any objectionable noise or odor to escape from Premises; the parking areas, roads and driveways located on the Premises; maintenance of exterior areas such as gardening and landscaping; snow removal and signage; maintenance and repair of flashings, gutters, downspouts, roof drains, skylights (and waterproofing around same); and painting. Tenant Landlord shall not do be required to furnish any services or knowingly permit facilities or to be done make any repairs, replacements or alterations of any kind in or on the Premises but Landlord shall make available to Tenant all warranties obtained by Landlord for the Construction Work (as defined in the Purchase Agreement) and for any other alterations or improvements at the Premises or the Parking Lot anything that Building and will increase the rate of insurance on the Premises providedreasonably cooperate with Tenant, howeverat no or minimal cost to Landlord, Landlord represents and warrants to Tenant that following Tenant’s express request in the event enforcement of Landlord’s rights pursuant to Section 2 of this Lease will not result in increased insurance ratesthereunder shall be required. Tenant shall keep receive all invoices and bills relative to the Premises and and, except as otherwise provided herein, shall pay for all expenses directly to the Parking Lot clean and in sanitary condition, and in compliance with person or company submitting a bxxx without first having to forward payment for the regulations of the Board of Health and City of Seattle Fire Departmentexpenses to Landlord. Notwithstanding anything Except as otherwise provided in this Lease to the contrary, Tenant shall have no obligation or liability with respect to the condition of the Parking Lot or any activities therein except to the extent caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees. At the end of the term of this Lease or upon earlier termination of the Lease, Tenant shall deliver hereby expressly waives the Premises, right to make repairs at the Parking Lot and expense of Landlord as provided for in any Applicable Laws in effect at the tenant improvements to Landlord in good and sound condition and appearance as received, broom clean, ordinary wear and tear and damage due to casualty or condemnation excepted. Tenant shall repair any damage to the Premises or the Parking Lot occasioned by its use thereoftime of execution of this Lease, or by the removal of Tenant’s trade fixtures, furnishings and equipment, which repair shall include, but shall not in any other Applicable Laws that may hereafter be limited to, the patching and filling of holes, repairing the floorenacted, and repair of structural damagewaives its rights under Applicable Laws relating to a landlord's duty to maintain its premises in a tenantable condition.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Innovative Industrial Properties Inc)

CARE OF PREMISES. All repair requests must be in writing and dated. Tenant shall pay the expense of replacing all glass broken, replace all keys lost or broken and maintain the Leased Premises in the same condition as the same were in when the term commenced, or may be put in during the term, reasonable wear and tear excepted; Tenant shall not permit the accumulation of waste or refuse matter; and Tenant shall permit no waste of the Leased Premises or allow the same to be done, but Tenant shall take good care of the same, and Tenant is and shall be responsible and liable for any injury or damage done to the Leased Premises, or the building in which the same are located, by Tenant or any occupant of or other persons whom Tenant permits to be in or about the Leased Premises. Under no circumstance will Landlord reimburse for any food damage or any utilities. Tenant has inspected the premises prior to entering this Rental Lease and accepts Tenant is satisfied that the Leased Premises does not have mold or does not have mold to the extent that it bothers Tenant or in any way affects Tenant’s enjoyment of the Leased Premises. Xxxxxx agrees to be responsible for maintaining the Leased Premise so that mold does not develop or grow to the point of causing any problems. Tenant shall not attach any article of permanent character or sign containing writing or printing to any window, floor, ceiling, door or wall without the written consent of Landlord, and Tenant shall on the termination of this Rental Lease surrender to Landlord the quiet and peaceable possession of the Leased Premises in its present like good order as on the Commencement Date, natural wear and tear excepted. Xxxxxx has examined the Leased Premises, is satisfied with the physical condition and Xxxxxx's taking possession of the Leased Premises is conclusive evidence of its good order and repair at the time of taking such possession, except as otherwise specified. Xxxxxx agrees that no representation as to condition or repair has been made except as is contained in the Rental Lease. Xxxxxx further agrees not to paint, wallpaper, remodel, modify the external appearance of or make any structural changes to, including the removal or attachment of any fixtures, the Leased Premises without first obtaining Landlord's written permission. In the event Tenant paints, wallpapers or structurally modifies the Leased Premises, Xxxxxx agrees to pay Landlord, within five (5) days of the termination of this Rental Lease, the cost of returning the Leased Premises to the condition the same were in on the Commencement Date. Xxxxxx agrees not to install any hook, plant hanger or other apparatus in the ceiling of the Leased Premises. Tenant acknowledges Tenant is responsible for maintaining and cleaning carpet during the term of the Rental Lease. Tenant will replace all fuses and reset circuit breakers as necessary. Tenant will not remove any electric bulbs from the Leased Premises upon the termination of the Rental Lease. If Landlord performs any of the duties or responsibilities of Tenant set forth above, Xxxxxx agrees to pay Landlord for that service. Tenant shall keep any patios or other outside areas reserved for the Leased Premises clean and maintain well maintained, using any storage area provided with the Leased Premises and to store any grills or other personal property. Tenant shall not suspend any item of personal property outside of the Parking Lot and all tenant improvements Leased Premises. Tenant shall not hold a "yard" or "garage" type sale at the Leased Premises. Landlord reserves the right to control how personal property is stored outside the Leased Premises. Xxxxxx agrees that no promises to decorate, alter, repair, or improve the Leased Premises have been made except such as are contained in goodthe Rental Lease. Any agreement to decorate, safe and sanitary condition and appearance alter, repair or improve the Leased Premises shall not carry forward and shall permit no wastenot be made a part of any extensions or renewals of this Rental Lease. Tenant shall ensure the temperature inside the Leased Premises remains at 55 degrees Fahrenheit or warmer whenever the temperature outside the Leased Premises drops below 33 degrees Fahrenheit. Should Tenant fail to comply with the temperature requirements, damageTenant shall be charged for the repair of any damages to pipes caused by such failure. Further, Tenant shall be charged for repair to any sewage lines that malfunction due to the flushing of any improper items, such as disposable diapers, sanitary napkins, tampons, or injury to the Premises, the Parking Lot or the tenant improvements (normal wear and tear, damage due to casualty or condemnation and any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted). The Premises and the Parking Lot shall at all times be kept and used by the Tenant in accordance with the laws, ordinances and regulations of all governmental agencies having jurisdiction over the Premises. The Building and all common areas thereto shall at all times be maintained by Landlord in accordance with the laws, ordinances and regulations of all governmental agencies having jurisdiction theretonon-flushable feminine products. Tenant shall not use any liquid or knowlingly permit crystal drain opener, such as Drano, in any drains in the Premises, Building or Parking Lot any activity that is illegal, dangerous to the life or limb or overload the floors of the Building beyond the loads existing at this time, or permit any objectionable noise or odor to escape from the Leased Premises. Tenant shall be prohibited from using the fireplace, if any, in the Leased Premises. Landlord does provide mini-blinds for the Leased Premises. Landlord reserves the right to make any repairs to the Leased Premises it deems necessary, but this reservation shall not do or knowingly permit be construed as requiring Landlord to make any such repairs, except those which may be required by the Act. No water-filled furniture, such as waterbeds, shall be allowed in the Leased Premises. If the Leased Premises is a single-family residence, Xxxxxx agrees to be done on solely responsible for any pest control the Leased Premises may require. Xxxxxx agrees to dispose of all garbage and refuse in appropriate cans, dumpsters or other designated areas. No such garbage or refuse may be discarded in any halls, stair landings or other areas outside the Parking Lot anything that will increase designated areas. Failure to comply with the rate of insurance on the Premises providedprovisions set forth in this Section may, howeverat Xxxxxxxx’s discretion, Landlord represents and warrants to Tenant that Tenant’s express rights pursuant to Section 2 of this Lease will not result in increased insurance ratesa removal fee of seventy-five and 00/l00 dollars ($75.00) being charged to Xxxxxx's account. Tenant In the unlikely event of an unauthorized entry into tenant’s leased premises by a party unknown to tenants, landlord shall keep pay for any repairs to the Premises premises resulting from the entry, provided all exterior doors and windows were locked at the time of the entry and the Parking Lot alarm system was activated. Any damage or loss resulting from an unauthorized entry into the leased premises by a party unknown to the tenants, as a result of tenant’s failure to lock all exterior doors and windows and activate the alarm system shall be the joint responsibility of all tenants of the leased premises. As to this Rental Lease and the Leased Premises, Tenant shall: (1) comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety; (2) keep that part of the Leased Premises that Tenant occupies and uses as clean and in sanitary condition, and in compliance with the regulations of the Board of Health and City of Seattle Fire Department. Notwithstanding anything in this Lease to the contrary, Tenant shall have no obligation or liability with respect to safe as the condition of the Parking Lot premises permit; (3) dispose from the Leased Premises all ashes, garbage, rubbish, and other waste in a clean and safe manner; (4) keep all plumbing fixtures in the Leased Premises or any activities therein except to the extent caused used by Tenant as clear as their condition permits; (5) use in a reasonable manner all electrical, plumbing, sanitary, heating ventilating, air-conditioning, and other facilities and appliances including elevators in the premises; (6) not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises; or knowingly, recklessly, or negligently permit any person to do so; (7) conduct himself or herself and require other persons on the premises with Xxxxxx’s consent to conduct themselves in a manner that will not disturb the neighbors’ peaceful enjoyment of the premises; and (8) Comply with the Landlord’s Rules and Regulations. These are only some of the Tenant’s officers, directors, employees, agents, contractors, licensees or invitees. At the end of the term of this Lease or upon earlier termination of the Lease, Tenant shall deliver the Premises, the Parking Lot obligations and the tenant improvements to Landlord in good and sound condition and appearance as received, broom clean, ordinary wear and tear and damage due to casualty or condemnation excepted. Tenant shall repair any damage to the Premises or the Parking Lot occasioned by its use thereof, or by the removal of Tenant’s trade fixtures, furnishings and equipment, which repair shall include, but shall not be limited to, the patching and filling of holes, repairing the floorresponsibilities, and repair of structural damagethey are cumulative with others stated elsewhere in this Rental Lease.

Appears in 1 contract

Samples: Rental Lease

CARE OF PREMISES. Tenant has inspected and accepts agrees that it shall: (a) Not use or occupy the Premises in its present condition violation of law or of the certificate of occupancy issued for the Building, and shall keep and maintain shall, upon written notice from Landlord, discontinue any use of the Premises and which is declared by any governmental authority having jurisdiction to be a violation of law or of said certificate of occupancy. Tenant shall comply with any direction of any governmental authority having jurisdiction which shall, by reason of the Parking Lot and all tenant improvements in good, safe and sanitary condition and appearance and shall permit no waste, damage, nature of Tenant's use or injury to occupancy of the Premises, the Parking Lot or the tenant improvements (normal wear and tear, damage due to casualty or condemnation and impose any condition in the Parking Lot not caused by duty upon Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted). The Premises and the Parking Lot shall at all times be kept and used by the Tenant in accordance with the laws, ordinances and regulations of all governmental agencies having jurisdiction over the Premises. The Building and all common areas thereto shall at all times be maintained by Landlord in accordance with the laws, ordinances and regulations of all governmental agencies having jurisdiction thereto. Tenant shall not use or knowlingly permit in the Premises, Building or Parking Lot any activity that is illegal, dangerous to the life or limb or overload the floors of the Building beyond the loads existing at this time, or permit any objectionable noise or odor to escape from the Premises. Tenant shall not do or knowingly permit to be done on the Premises or the Parking Lot anything that will increase the rate of insurance on the Premises provided, however, Landlord represents and warrants to Tenant that Tenant’s express rights pursuant to Section 2 of this Lease will not result in increased insurance rates. Tenant shall keep the Premises and the Parking Lot clean and in sanitary condition, and in compliance with the regulations of the Board of Health and City of Seattle Fire Department. Notwithstanding anything in this Lease to the contrary, Tenant shall have no obligation or liability with respect to the condition Premises or with respect to the use or occupancy thereof. (b) Give Landlord access to the Premises at all reasonable times, without charge or diminution of Rent, to enable Landlord to examine the same and to make such repairs, additions and alterations as Landlord reasonably may deem advisable, including, upon reasonable advance notice, the right to show the Premises for the purpose of a potential sale or lease; provided, Landlord shall only have the right to show the Premises to a prospective tenant during the last ten (10)months of the Parking Lot Lease Term and, provided further, that any third party which Landlord shows the Premises to shall be accompanied by a Tenant representative and shall required to sign a non-disclosure agreement in a form reasonably acceptable to Tenant prior to such third party entering Tenant's server room or any activities therein except other confidential areas. If Landlord gives notice to Tenant and Tenant fails to respond to Landlord within twenty-four (24) hours then Landlord shall have the extent caused by Tenant or right to enter the Premises. (c) At Tenant’s officers's own cost and expense and without liens, directorskeep, employeesrepair, agents, contractors, licensees or invitees. At the end of the term of this Lease or upon earlier termination of the Lease, Tenant shall deliver maintain and replace the Premises, the Parking Lot and the tenant improvements to Landlord every part thereof, including all fixtures, equipment and Tenant Improvements, in good and sound first class order, condition and appearance as received, broom cleanrepair and shall make all replacements necessary to keep the same in such condition, ordinary wear and tear and damage due to caused by Landlord, casualty or condemnation excepted; provided that Landlord shall keep, maintain, repair and replace in good condition and repair (1) the structural elements of the Building (including without limitation the foundations, exterior walls, roof and roof membrane) and the gutters and downspouts of the Building, (2) the sewer, water, gas, telephone and power lines and meters serving the Premises, and (3) the plumbing, heating, ventilating, air conditioning, elevator and electrical system installed or furnished by Landlord; provided further that Landlord shall make such repairs to the Premises as may be required or become necessary because of any latent defects not ascertainable from a visual inspection by Tenant within a reasonable time after Landlord receives notice of such defects. If Tenant shall fail to commence to so repair and maintain the Premises after five (5) days notice from Landlord to do so (or such shorter period as Landlord, in the exercise of its good faith business judgment, may decide that the circumstances warrant), Landlord may, but in no event shall be obligated to, make the repairs and Tenant shall pay the reasonable cost thereof to Landlord within five (5) days after written demand as Additional Rent. Except to the extent they are excluded from Operating Costs under Section 6, maintenance and repair costs incurred by Landlord with respect to the structural elements of the Building and the plumbing, heating, ventilating, air conditioning, elevator and electrical system installed or furnished by Landlord shall be part of the Operating Costs defined in Section 6; provided that, except to the extent Landlord has waived its right of recovery against Tenant in Section 15, if such maintenance and repairs are caused in part or in whole by the act, neglect, or omission by Tenant, its agents, employees, sublessees, licensees, or invitees, Tenant shall pay to Landlord, as Additional Rent, that portion of the cost of such maintenance and repairs which, in Landlord's good faith business judgment, is reasonably attributable to the act, neglect, or omission by Tenant, its agents, employees, sublessees, licensees, or invitees. (d) Recognize that improvements attached to the Premises (excluding all property that shall remain the property of Tenant as provided in Section 25(c)) become the property of the Building and may not be removed without approval of Landlord which approval shall not be unreasonably withheld, unreasonably conditioned or unreasonably delayed, except that such approval may be subject to the Tenant's paying for the cost of repairs resulting from the removal of such improvements. (e) Upon the termination of this Lease in any manner whatsoever, remove Tenant's property and those of any other person claiming under Tenant, and quit and deliver up the Premises to Landlord peaceably and quietly in as good order and condition as the same is as of the Commencement Date (as to the Third Floor) or as of the Second Floor Commencement Date (as of the Second Floor) or hereafter may be put in by Landlord or Tenant, reasonable use, wear and tear thereof, damage by Landlord, casualty or condemnation, and permitted alterations or improvements not required to be removed at the time of the installation of the same as provided in Section 25(c) excepted. Any and all reasonable costs incurred by Landlord to restore the Premises to such good order and condition will be billed to Tenant, and 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 thereof to be billed to the Tenant. (f) Except as may otherwise be provided in this Lease, not place signs on the Premises except as authorized and approved by Landlord, such authorization and approval not to be unreasonably withheld, unreasonably conditioned or unreasonably delayed, and subject to all applicable governmental rules and restrictions, as well as the "Building Rules and Regulations" as set forth in Exhibit "F". ----------- (g) Except as expressly provided in this Lease, not make any alteration of, improvements to, or addition to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld, unreasonably conditioned or unreasonably delayed; provided that Tenant shall have the right to install an electronic security system within the Premises, serving only the Premises, as its sole cost and expense, and Tenant shall, upon the expiration or earlier termination of this Lease, remove such security system and repair any damage caused by such removal and restore the portion of the Premises affected thereby to its original condition as it existed as of the Commencement Date. (h) Not install or authorize the installation of more than six (6) coin operated vending machines without obtaining prior written consent from Landlord, which consent shall not be unreasonably withheld, unreasonably conditioned or unreasonably delayed; provided, however, that Tenant shall obtain Landlord's prior approval of the location of all vending machines and such machines shall be located in an area with sufficient structural support. (i) Not do or permit anything to be done in or about the Premises which will in any way unreasonably obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall repair not commit or suffer to be committed any damage waste in or upon the Premises. (j) Not do or permit to be done anything which will invalidate or increase the cost of any fire, extended coverage or any other insurance policy covering the Building and/or property located therein, unless Tenant agrees, after Landlord gives thirty (30) days' prior written notice to Tenant of the cost thereof, to reimburse Landlord for any increase in the cost of such insurance and subject to Landlord's lender's approval. Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charges for such policy by reason of Tenant's failure to comply with the provisions of this subsection 9(j). (k) Observe the "Building Rules and Regulations" described in Exhibit "F", ----------- which may be modified by Landlord from time to time upon reasonable written notice from Landlord to Tenant; provided that the same or any such modifications thereto are reasonable and do not discriminate against any tenant of the Building. (l) Monitor issuance of keys. Unless specifically provided otherwise in the Lease, all keys and/or Building security card devices for access to the Premises and Building are provided at Tenant's cost after Tenant receives its initial allotment of two (2) keys and/or Building security card devices per 1,000 square feet of useable square feet in the Premises. Any re-keying of the Premises and/or Building due to lost or missing keys shall be at Tenant's cost. No additional locks shall be placed upon any doors without the written consent of Landlord. Additional keys and/or Building security card devices shall be furnished at Tenant's cost. Upon termination of this Lease, all keys and Building security card devices shall be surrendered to Landlord. (m) Install Tenant's communications equipment and cabling in accordance with Landlord's Building Rules and Regulations. (n) Remove, upon Landlord's request, all cabling provided in Tenant's Premises, at Tenant's sole cost, upon Lease termination. (o) Not place any other equipment of any kind or nature whatsoever which will or may necessitate any changes, replacements or additions to or require the use of the water system, plumbing system, heating system, air conditioning system or the Parking Lot occasioned by its use thereof, electrical system of the Premises or by Building without the removal prior written consent of Tenant’s trade fixtures, furnishings and equipmentLandlord, which repair shall include, but consent shall not be limited tounreasonably withheld, unreasonably conditioned or unreasonably delayed, unless Tenant agrees, after Landlord gives thirty (30) days' prior written notice to Tenant of the patching actual cost of such changes, replacements or additions or the actual usage costs of such systems, to reimburse Landlord for any such actual costs. All heating, ventilation and filling air conditioning (HVAC) equipment installed in the Premises for Tenant's specific requirements, separate or in addition to the Building HVAC system, shall be maintained at Tenant's sole cost and expense. Any maintenance contractor hired by Tenant to maintain or repair Tenant's separate HVAC equipment must have Landlord's written approval in advance of holesany work, repairing which approval shall not be unreasonably withheld, unreasonably conditioned or unreasonably delayed. (p) Comply with the floor, Americans Disabilities Act with respect to Tenant's use and repair occupancy of structural damage.the Premises. ________________________________________________________________________________

Appears in 1 contract

Samples: Office Building Lease (Mercata Inc)

CARE OF PREMISES. A. Tenant has inspected and accepts shall not perform any acts or carry on any practices which may injure the Premises building or be a nuisance or menace to other tenants in its present condition the Industrial Park and shall keep the premises under its control, including sidewalks, and maintain landscaped areas adjacent to the Premises premises clean and the Parking Lot free from rubbish and dirt at all tenant improvements in goodtimes, safe and sanitary condition and appearance and shall permit no waste, damage, store all trash and garbage within the leased premises and arrange for the regular pickup of such trash and garbage at Tenant's expense. Tenant shall not burn any trash or injury garbage of any kind in or about the building. Tenant shall install beige or gray levelors in the Demised Premises. B. Tenant shall not xxxp or display any merchandise or signs on or otherwise obstruct the sidewalks or areaways adjacent to the Premises, premises without the Parking Lot or written consent of the tenant improvements (normal wear and tear, damage due to casualty or condemnation and any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted). The Premises and the Parking Lot shall at all times be kept and used by the Tenant in accordance with the laws, ordinances and regulations of all governmental agencies having jurisdiction over the Premises. The Building and all common areas thereto shall at all times be maintained by Landlord in accordance with the laws, ordinances and regulations of all governmental agencies having jurisdiction theretoLandlord. Tenant shall not use or knowlingly permit the use of any portion of said premises as sleeping apartments, lodging rooms, or for any unlawful purpose or purposes. Tenant shall maintain the windows in a net and clean condition. Tenant shall not make any structural changes in the PremisesDemised Premises without the written consent of Landlord. No animals shall be kept in the leased premises. Tenant shall conduct business within the leased premises and the Tenant cannot store any items outside the leased premises. Tenant can only use the Truckwells for Tractor-Trailers, Building as the Truckwells may retain some water during a storm. C. Environmental Responsibilities (1) Tenant and Landlord shall each comply with all applicable environmental laws concerning the proper storage, handling and disposal of any hazardous substances in on or Parking Lot any activity that is illegal, dangerous to the life or limb or overload the floors of the Building beyond the loads existing at this time, or permit any objectionable noise or odor to escape from about the Premises. Tenant shall not do use, store, generate, treat, or knowingly dispose of any hazardous substance on the Premises, or cause, suffer or permit the same to be done on by any person without the Premises or the Parking Lot anything that will increase the rate of insurance on the Premises provided, however, Landlord represents and warrants to Tenant that Tenant’s express rights pursuant to Section 2 of this Lease will not result in increased insurance rates. Tenant shall keep the Premises and the Parking Lot clean and in sanitary condition, and in compliance with the regulations prior written consent of the Board of Health and City of Seattle Fire Department. Notwithstanding anything in this Lease to the contrary, Tenant shall have no obligation or liability with respect to the condition of the Parking Lot or any activities therein except to the extent caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees. At the end of the term of this Lease or upon earlier termination of the Lease, Tenant shall deliver the Premises, the Parking Lot and the tenant improvements to Landlord in good and sound condition and appearance as received, broom clean, ordinary wear and tear and damage due to casualty or condemnation excepted. Tenant shall repair any damage to the Premises or the Parking Lot occasioned by its use thereof, or by the removal of Tenant’s trade fixtures, furnishings and equipmentLandlord, which repair shall include, but shall not consent may be limited to, the patching and filling of holes, repairing the floor, and repair of structural damage.granted or withheld in

Appears in 1 contract

Samples: Lease Agreement (Singing Machine Co Inc)

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