Common use of CARE OF PREMISES Clause in Contracts

CARE OF PREMISES. This Lease shall be deemed and construed to be an "absolute net lease." Tenant shall, at its sole cost and expense, keep the Premises in a working, neat, clean, sanitary, safe condition and repair, and shall keep the Premises free from trash. Tenant shall make all repairs or replacements thereon or thereto, whether ordinary or extraordinary. Without limiting the foregoing, Tenant’s obligations hereunder shall include the maintenance, repair and replacement of the Building foundation, roof (including roof membrane), walls and all other structural components of the Building; all heating, ventilation, air conditioning, plumbing, electrical, mechanical, utility and safety systems serving the Building or 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; and painting. Landlord shall not be required to furnish any services or facilities or to make any repairs, replacements or alterations of any kind in or on the Premises. Tenant shall receive all invoices and bills relative to the Premises and, except as otherwise provided herein, shall pay for all expenses directly to the person or company submitting a xxxx without first having to forward payment for the expenses to Landlord. Tenant hereby expressly waives the right to make repairs at the expense of Landlord as provided for in any Applicable Laws in effect at the time of execution of this Lease, or in any other Applicable Laws that may hereafter be enacted, and waives its rights under Applicable Laws relating to a landlord's duty to maintain its premises in a tenantable condition.

Appears in 4 contracts

Samples: Lease Agreement (Ascend Wellness Holdings, LLC), Lease Agreement (Ascend Wellness Holdings, LLC), Lease Agreement (Ascend Wellness Holdings, LLC)

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CARE OF PREMISES. This Lease shall be deemed and construed to be an "absolute net lease." Tenant shall, at its sole cost and expense, keep the Premises in a working, neat, clean, sanitary, safe condition and repair, and shall keep the Premises free from trash. Tenant shall make all repairs or replacements thereon or thereto, whether ordinary or extraordinary. Without limiting the foregoing, Tenant’s 's obligations hereunder shall include the maintenance, repair and replacement of the Building foundation, roof (including roof membrane), walls and all other structural components of the Building; all heating, ventilation, air conditioning, plumbing, electrical, mechanical, utility and safety systems serving the Building or 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; and painting. Landlord shall not be required to furnish any services or facilities or to make any repairs, replacements or alterations of any kind in or on the Premises. Tenant shall receive all invoices and bills relative to the Premises and, except as otherwise provided herein, shall pay for all expenses directly to the person or company submitting a xxxx bxxx without first having to forward payment for the expenses to Landlord. Tenant hereby expressly waives the right to make repairs at the expense of Landlord as provided for in any Applicable Laws in effect at the time of execution of this Lease, or in any other Applicable Laws that may hereafter be enacted, and waives its rights under Applicable Laws relating to a landlord's duty to maintain its premises in a tenantable condition.

Appears in 3 contracts

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

CARE OF PREMISES. This Lease Landlord shall be deemed perform all normal maintenance and construed repairs reasonably determined by Landlord as necessary to be an "absolute net lease." Tenant shall, at its sole cost and expense, keep maintain the Premises in a working, neat, clean, sanitary, safe condition and repair, and shall keep the Premises free from trash. Tenant shall make all repairs or replacements thereon or thereto, whether ordinary or extraordinary. Without limiting the foregoing, Tenant’s obligations hereunder shall include the maintenance, repair and replacement of the Building foundation, roof (including roof membrane), walls and all other structural components of the Buildingas a first-class office building; all heating, ventilation, air conditioning, plumbing, electrical, mechanical, utility and safety systems serving the Building or 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; and painting. provided that Landlord shall not be required to furnish maintain or repair any services property of Tenant or facilities or to make any repairsappliances (such as refrigerators, replacements or alterations water heaters, microwave ovens, and the like) which are part of any kind in or on the Premises. Tenant shall receive take good care of the Premises. Tenant shall not make any alterations, additions or 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 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 Changes, including restoring any damage resulting from such removal, all invoices at Tenant's Expense; provided, however, 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 bills relative shall be subject to the prior written consent of Landlord; provided, however, any such alterations or changes that constitute a Capital Cost that may be included in Operating Costs pursuant to Section 10(b)(ii) above shall not be Tenant's sole expense, but shall be included in Operating Costs. Tenant shall 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 andor Building by Tenant or by any persons who may be in or upon the Premises or (with respect to damage to the Building) by Tenant officers, except as otherwise provided hereinemployees, contractors, agents, invitees or licensees, including but not limited to the cracking or breaking of any glass of windows and doors, shall pay be paid for all expenses directly by Tenant. Landlord shall cooperate with Tenant to the person or company submitting a xxxx without first having extent reasonably possible to forward payment for schedule janitorial service to the expenses to Landlord. Tenant hereby expressly waives Premises between the right to make repairs at the expense hours of Landlord as provided for in any Applicable Laws in effect at the time of execution of this Lease, or in any other Applicable Laws that may hereafter be enacted, 6:00 p.m. and waives its rights under Applicable Laws relating to a landlord's duty to maintain its premises in a tenantable condition.8:00 p.m.

Appears in 3 contracts

Samples: Lease Agreement (Avenue a Inc), Sublease Agreement (Avenue a Inc), Sublease Agreement (Avenue a Inc)

CARE OF PREMISES. This Lease shall be deemed and construed to be an "absolute net lease." Tenant shall, at its sole cost and expense, keep the Premises in a working, neat, clean, sanitary, safe condition and repair, and shall keep the Premises free from trash. Tenant shall make all repairs or replacements thereon or thereto, whether ordinary or extraordinary. Without limiting the foregoing, Tenant’s obligations hereunder shall include the maintenance, repair and replacement of the Building foundation, roof (including roof membrane), walls and all other structural components of the any Building; all heating, ventilation, air conditioning, plumbing, electrical, mechanical, utility and safety systems serving the any Building or the 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; and painting. Landlord shall not be required to furnish any services or facilities or to make any repairs, replacements or alterations of any kind in or on the Premises. Tenant shall receive all invoices and bills relative to the Premises and, except as otherwise provided herein, shall pay for all expenses directly to the person or company submitting a xxxx without first having to forward payment for the expenses to Landlord. Tenant hereby expressly waives the right to make repairs at the expense of Landlord as provided for in any Applicable Laws in effect at the time of execution of this Lease, or in any other Applicable Laws that may hereafter be enacted, and waives its rights under Applicable Laws relating to a landlord's duty to maintain its premises in a tenantable condition.

Appears in 2 contracts

Samples: Lease Agreement (Ascend Wellness Holdings, LLC), Lease Agreement (Ascend Wellness Holdings, LLC)

CARE OF PREMISES. This Lease shall be deemed and construed to be an "absolute net lease." Tenant shall, at its sole cost and expense, (a) Borrower will keep the Premises in a workingbuildings, neat, clean, sanitary, safe condition and repair, and shall keep the Premises free from trash. Tenant shall make all repairs or replacements thereon or thereto, whether ordinary or extraordinary. Without limiting the foregoing, Tenant’s obligations hereunder shall include the maintenance, repair and replacement of the Building foundation, roof (including roof membrane), walls and all other structural components of the Building; all heating, ventilation, air conditioning, plumbing, electrical, mechanical, utility and safety systems serving the Building or Premises; the parking areas, roads and driveways 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, to the extent within its control, 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, to the extent within its control, 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 Premises; maintenance Land without the written consent of exterior areas such as gardening 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 landscaping; snow removal inspect the Premises without interfering with operations at any time upon advance verbal notice during normal business hours. (e) Borrower will promptly comply with all present and signage; maintenance future laws, ordinances, rules and repair regulations of flashingsany governmental authority affecting the Premises or any part thereof in all material respects. (f) If all or any part of the Premises shall be damaged by fire or other casualty, gutters, downspouts, roof drains, skylights and waterproofingBorrower will promptly restore the Premises to the equivalent of its original condition; and paintingif a part of the Premises shall be damaged through condemnation, Borrower will promptly restore, repair or alter the remaining portions of the Premises in a manner reasonably satisfactory to Lender. Landlord Notwithstanding the foregoing, Borrower shall not be obligated so to restore, repair or alter unless in each instance, Lender 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, to the extent such proceeds are required to furnish any services or facilities or to make any repairs, replacements or alterations of any kind in or on the Premises. Tenant shall receive all invoices and bills relative to the Premises and, except as otherwise provided herein, shall pay for all expenses directly to the person or company submitting a xxxx without first having to forward payment for the expenses to Landlord. Tenant hereby expressly waives the right to make repairs at defray the expense of Landlord 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 Borrower 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 or other casualty or by condemnation, Borrower shall promptly deposit with Lender a sum equal to the amount by which the estimated cost of the restoration of the Premises (as provided for determined by Lender in any Applicable Laws in effect at its good faith judgment) exceeds the time of execution of this Lease, actual net insurance or in any other Applicable Laws that may hereafter be enacted, and waives its rights under Applicable Laws relating condemnation proceeds with respect to a landlord's duty to maintain its premises in a tenantable conditionsuch damage or destruction.

Appears in 2 contracts

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

CARE OF PREMISES. This Lease Tenant shall be deemed and construed to be an "absolute net lease." Tenant shall, at its sole cost and expense, keep take good care of the Premises in a working, neat, clean, sanitary, safe condition and repairfixtures and improvements therein, and shall keep the Premises free from trash. Tenant shall make all repairs thereto or replacements thereon to the Building which are made necessary as a result of any misuse or thereto, whether ordinary neglect by Tenant or extraordinaryby his agents or employees or by other persons while in the Premises. Without limiting All such repairs shall be at least equal in quality and function to the foregoing, original work. Landlord many make any such repairs which are not promptly made by Tenant and may change the cost thereof to Tenant’s obligations hereunder . Landlord shall include the maintenance, repair and replacement of maintain the Building foundation, roof (including roof membrane), walls and all other structural components portion of the Building; all heating, ventilationincluding the plumbing, air conditioning, plumbingand electrical systems installed or furnished by Landlord. Landlord shall have no obligation to alter, electricalremodel, mechanicalimprove, utility repair, decorate or paint the Premises or any part thereof and safety systems serving the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building or 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; and paintingunless especifically herein set forth. Landlord shall not be required to furnish liable for any services or facilities or failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need for such repairs or maintenance has been given to Landlord by Tenant. Except as otherwise expressly provided in this lease, there shall be no liability of Landlord by reason of any injury to or interference with Tenant, Tenant's employees, agents, directors, principals, invitees, contractors, or affiliates, or with Tenant's business or profession arising from the making of, or the failure to make, any repairs, replacements alterations or alterations of any kind improvements in or on to any portion of the Premises. Tenant shall receive all invoices and bills relative to Building or the Premises andof in or to fixtures, except as otherwise provided hereinappurtenances, shall pay for all expenses directly to the person or company submitting a xxxx without first having to forward payment for the expenses to Landlordimprovements, and equipment therein. Tenant hereby expressly waives the right right, if any, which Tenant may have to make repairs at Landlord's expense under Section 1942 of the expense of Landlord as provided for in any Applicable Laws in effect at the time of execution of this LeaseCalifornia Civil Code, or under any law, statute or ordinance now or hereafter in any other Applicable Laws that may hereafter be enacted, and waives its rights under Applicable Laws relating to a landlord's duty to maintain its premises in a tenantable conditioneffect.

Appears in 2 contracts

Samples: General Office Lease (Micron Electronics Inc), General Office Lease (Micron Electronics Inc)

CARE OF PREMISES. This Lease shall be deemed and construed to be an "absolute net lease." Tenant shall, at its sole cost and expense, keep the Premises in a working, neat, clean, sanitary, safe condition and repair, and shall keep the Premises free from trash. Tenant shall make all repairs or replacements thereon or thereto, whether ordinary or extraordinary. Without limiting the foregoing, Tenant’s 's obligations hereunder shall include the maintenance, repair and replacement of the Building foundation, roof (including roof membrane), walls and all other structural components of any building located on the BuildingProperty; all heating, ventilation, air conditioning, plumbing, electrical, mechanical, utility and safety systems serving any building located on the Building Property or 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; and painting. Landlord shall not be required to furnish any services or facilities or to make any repairs, replacements or alterations of any kind in or on the Premises. Tenant shall receive all invoices and bills relative to the Premises and, except as otherwise provided herein, shall pay for all expenses directly to the person or company submitting a xxxx bxxx without first having to forward payment for the expenses to Landlord. Tenant hereby expressly waives the right to make repairs at the expense of Landlord as provided for in any Applicable Laws in effect at the time of execution of this Lease, or in any other Applicable Laws that may hereafter be enacted, and waives its rights under Applicable Laws relating to a landlord's duty to maintain its premises in a tenantable condition.

Appears in 2 contracts

Samples: Lease Agreement (Innovative Industrial Properties Inc), Lease Agreement (Innovative Industrial Properties Inc)

CARE OF PREMISES. This Lease shall be deemed and construed to be an "absolute net lease." Tenant shall, at its sole cost and expense, keep the Premises in a working, neat, clean, sanitary, safe condition and repair, and shall keep the Premises free from trash. Tenant shall make all repairs or replacements thereon or thereto, whether ordinary or extraordinary. Without limiting the foregoing, Tenant’s obligations hereunder shall include the maintenance, repair and replacement of the Building foundation, roof (including roof membrane), walls and all other structural components of any building located on the BuildingProperty; all heating, ventilation, air conditioning, plumbing, electrical, mechanical, utility and safety systems serving any building located on the Building Property or 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; and painting. Landlord shall not be required to furnish any services or facilities or to make any repairs, replacements or alterations of any kind in or on the Premises. Tenant shall receive all invoices and bills relative to the Premises and, except as otherwise provided herein, shall pay for all expenses directly to the person or company submitting a xxxx bxxx without first having to forward payment for the expenses to Landlord. Tenant hereby expressly waives the right to make repairs at the expense of Landlord as provided for in any Applicable Laws in effect at the time of execution of this Lease, or in any other Applicable Laws that may hereafter be enacted, and waives its rights under Applicable Laws relating to a landlord's ’s duty to maintain its premises in a tenantable condition.

Appears in 1 contract

Samples: Lease Agreement (Innovative Industrial Properties Inc)

CARE OF PREMISES. This Lease shall be deemed A. Tenant agrees: 1. To keep the Premises in as good condition and construed to be an "absolute net lease." Tenant shallrepair as they were in at the time of the Commencement Date, at its sole cost reasonable wear and expense, tear and damage from fire and other casualty excepted; 2. To keep the Premises in a workingclean and sanitary condition; 3. Not to commit any nuisance or waste on the Premises, neatoverload the Premises or the electrical, cleanwater and/or plumbing facilities in the Premises or Building, sanitarythrow foreign substances in plumbing facilities, safe or waste any of the utilities furnished by Landlord; 4. To abide by such rules and regulations as may from time to time be reasonably promulgated by Landlord; 5. To preserve and protect all carpeted areas; and 6. To obtain Landlord’s prior approval, which approval shall not be unreasonably withheld, of the interior design of any portion of the Premises visible from the common areas or from the outside of the Building. “Interior design” as used in the preceding sentence shall include but not be limited to floor and wall coverings, furniture, office design, artwork and color scheme. B. If Tenant shall fail to keep and preserve the Premises in the state of condition required by the provisions of this Article 9, the Landlord may, at its option upon fifteen (15) days prior written notice to Tenant and failure of Tenant to cure during said period of time (except in the case of an emergency, when no notice or opportunity to cure need be given), put or cause the same to be put into the condition and state of repair agreed upon, and in such case the Tenant, on demand, shall pay the cost thereof. C. Subject to Landlord’s right to be paid for any Operating Expenses incurred by Landlord that may properly apply and be payable in accordance with Article 6 above, Landlord shall in accordance with the standards of first class office buildings, keep in good order, condition and repair, and shall keep the Premises free from trash. Tenant shall make all repairs or replacements thereon or thereto, whether ordinary or extraordinary. Without limiting the foregoing, Tenant’s obligations hereunder shall include the maintenance, repair and replacement common areas of the Building foundation, roof (including roof membrane), walls and all other as well as the structural components parts of the Building; all heating, ventilationincluding the roof, air conditioningload bearing walls, plumbingfoundation and interior support columns, electrical, mechanical, utility and safety systems serving the exterior of the Building or Premises; and the parking areasmechanical and utility systems of the Building, roads and driveways located on but specifically excluding, however, the Cooling System, Computer Related Equipment, the portion of the Security System applicable to the Premises; maintenance , Wiring and Specialized Fixtures of exterior areas such as gardening Tenant and landscaping; snow removal and signage; maintenance and repair of flashings, gutters, downspouts, roof drains, skylights and waterproofing; and painting. Landlord shall not be required to furnish any services additional mechanical or facilities or to make any repairs, replacements or alterations of any kind in utility systems that were/are installed by or on behalf of Tenant which are in addition to those provided to typical office tenants in the Premises. Building, and except that Tenant shall receive all invoices and bills relative be responsible (subject to the Premises and, except as otherwise provided herein, shall pay for all expenses directly to the person or company submitting a xxxx without first having to forward payment Article 17 below) for the expenses to Landlord. Tenant hereby expressly waives cost of repairs that are caused by the right to make repairs at the expense fault or negligence of Landlord as provided for in any Applicable Laws in effect at the time of execution of this LeaseTenant, its contractors, agents, employees or in any other Applicable Laws that may hereafter be enacted, and waives its rights under Applicable Laws relating to a landlord's duty to maintain its premises in a tenantable conditioninvitees.

Appears in 1 contract

Samples: Standard Office Lease Agreement (Analysts International Corp)

CARE OF PREMISES. This Lease shall be deemed Notwithstanding anything to the contrary contained herein, the Tenant, at its sole cost, will keep, maintain and construed to be an "absolute net lease." Tenant shallpreserve the Premises in a first class condition. The Tenant, at its sole cost and expense, keep will (i) make all repairs and replacements and fix all damage to the exterior of the Premises in a working(including, neatbut not limited to, cleanthe roof, sanitarygutters, safe condition downspout and repairoutside walls, windows, doors, parking area and grounds), (ii) provide window washing for the interior of the Premises, (iii) make all repairs and replacements and fix all damage to the interior of the Premises and any installations, improvements, equipment or facilities therein, including but not limited to interior walls, doors and windows, floors, floor coverings, light bulbs, plumbing fixtures, and electrical fixtures, (iv) repair or replace any broken windows, (v) repair damage to the or Premises caused by the negligence or willful misconduct of the Tenant or its employees, agents, guests or invitees during the Term and (vi) maintain parking and landscape areas, lighting, sidewalks and driveways. Tenant, at its sole cost, will also keep, maintain and preserve the heating, ventilation and air conditioning system and equipment (“HVAC”) in good order and repair and shall at all times keep the Premises free from trashin full force and effect a customary HVAC preventative maintenance contract with a licensed contractor, which contract and contractor shall be acceptable to Landlord in all respects. Tenant shall make comply with all repairs laws, ordinances, rules or replacements thereon regulations of any governmental authority and the Restrictive Covenants required of either the Landlord or theretothe Tenant relative to the repair, whether ordinary or extraordinarymaintenance and replacement in the Premises. Without limiting Notwithstanding the foregoing, Tenant’s maintenance obligations hereunder shall include not include: (1) repairs or replacements directly resulting from the maintenancenegligence or willful misconduct of Landlord or Landlord’s Agents, repair (2) repairs or replacements for which Landlord may be reimbursed by any insurance required to be carried hereunder or actually carried by Landlord or (3) the costs in excess of One Thousand Five Hundred and replacement of the Building foundation, roof No/100 Dollars (including roof membrane), walls and all other structural components of the Building; all heating, ventilation, air conditioning, plumbing, electrical, mechanical, utility and safety systems serving the Building $1,500.00) per occurrence for repairs or 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; and paintingreplacements. Landlord shall not be required responsible for the cost of such maintenance and repairs in excess of One Thousand Five Hundred and No/100 Dollars ($1,500.00), provided, however, that Landlord’s responsibility for maintenance and repairs in excess of Four Thousand and No/100 Dollars ($4,000.00) per occurrence be conditioned upon Tenant’s delivery of written evidence from a commercial contractor reasonably acceptable to furnish any services Landlord that such maintenance or facilities or repairs are necessary to make any repairs, replacements or alterations of any kind maintain the Premises in or on the Premisesa first class condition. In no event shall Tenant shall receive all invoices be liable for more than (i) One Hundred Twenty-Five Thousand and bills relative No/100 Dollars ($125,000.00) in maintenance and repairs to the Premises and, except as otherwise provided herein, shall pay for all expenses directly during the Initial Term and (ii) One Hundred Twenty-Five Thousand and No/100 Dollars ($125,000.00) in maintenance and repairs to the person or company submitting a xxxx without first having to forward payment for Premises during the expenses to Landlord. Tenant hereby expressly waives the right to make repairs at the expense of Landlord as provided for in any Applicable Laws in effect at the time of execution of this Lease, or in any other Applicable Laws that may hereafter be enacted, and waives its rights under Applicable Laws relating to a landlord's duty to maintain its premises in a tenantable conditionExtension Term.

Appears in 1 contract

Samples: Lease Agreement (Commonwealth Biotechnologies Inc)

CARE OF PREMISES. This Lease shall be deemed and construed to be an "absolute net lease." Tenant shall, at its sole cost and expense, keep the non-structural, interior portion of the Premises and the improvements and appurtenances therein in good order and in a workingsafe, neatclean and sanitary condition, cleanand at the expiration of the Term, sanitaryor at the sooner termination of this Lease as herein provided, safe deliver up the same broom clean and in as good order and condition as at the beginning of the Term, ordinary wear and repairtear, alterations, and damage by fire or other casualty excepted. Tenant, at its sole expense, shall provide or cause to be provided janitorial service to the Premises, shall dispose of all trash and rubbish in an appropriate manner, and shall keep promptly replace damaged or broken doors and glass in and about the interior of the Premises free from trash. Tenant and shall make all repairs or replacements thereon or thereto, whether ordinary or extraordinary. Without limiting be responsible for the foregoing, Tenant’s obligations hereunder shall include the maintenance, repair and replacement maintenance of all improvements installed and placed within the Building foundationPremises including sinks and special plumbing, roof (including roof membrane), walls special light fixtures and special cabinetry and all other structural components of Building Service Equipment. "Building Service Equipment" shall mean all equipment needed to operate or related to the Building; all heatingPremises in an efficient and comfortable manner, ventilationincluding, air conditioningbut not limited to, electrical, plumbing, electricalheating, mechanicalair-conditioning, utility security, and safety systems serving sprinkler and fire protection equipment, pipes, separate water meters, wires, ducts, fixtures and appliances installed for Tenant, and sprinkler monitoring equipment. Consistent with the Building or Premises; the parking areasprovisions of Section 22, 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; and painting. Landlord shall not be required to furnish any services or facilities or to make any repairs, replacements or alterations of any kind in or on the Premises. Tenant shall receive all invoices and bills relative to the Premises and, except as otherwise provided herein, shall pay for all expenses directly damage to the person Property and any fixtures and appurtenances related thereto, as well as for all property damage sustained by other tenants or company submitting a xxxx without first having occupants of the Building, due to forward payment for any waste, misuse or neglect of the expenses Premises and any fixtures and appurtenances related thereto or due to Landlordany breach of this Lease by Tenant, its employees, agents, or representatives. Tenant hereby expressly waives shall, at its sole expense throughout the right to make repairs at term, carry and maintain a full parts and labor maintenance service contract from a qualified service company, approved in advance by Landlord, covering the expense heating, ventilating, and air conditioning systems of Landlord as provided for the Premises, if any. Tenant shall maintain all systems in any Applicable Laws in effect at a good condition during the time of execution term of this Leaselease and any renewal term and shall be responsible, at its sole expense, for all necessary repairs and replacements regardless of whether or not they are covered by the maintenance contract or which are necessitated by Tenant's failure to carry a maintenance contract. Tenant shall submit a copy of the proposed maintenance contract within thirty (30) days prior to the Lease Commencement Date. Notwithstanding the foregoing, in any other Applicable Laws that may hereafter be enactedthe event one or more of the heating, ventilating, and waives its rights under Applicable Laws relating to a landlord's duty to maintain its premises in a tenantable condition.air conditioning units serving the Premises require replacement at anytime during the Term, Tenant shall

Appears in 1 contract

Samples: Maryland Multi Tenant Industrial Lease (Crown Books Corp)

CARE OF PREMISES. This Lease shall be deemed and construed to be an "absolute net lease." Tenant shall, at its sole cost and expense, keep the Premises in a working, neat, clean, sanitary, safe condition and repair, and shall keep the Premises free from trash. Tenant shall make all repairs or replacements thereon or thereto, whether ordinary or extraordinary. Without limiting the foregoing, Tenant’s obligations hereunder shall include the maintenance, repair and replacement of the Building foundation, roof (including roof membrane), walls and all other structural components of the Building; all heating, ventilation, air conditioning, plumbing, electrical, mechanical, utility and safety systems serving the Building or 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; and painting. Landlord shall not be required to furnish any services or facilities or to make any repairs, replacements or alterations of any kind in or on the Premises. Tenant shall receive all invoices and bills relative to the Premises and, except as otherwise provided herein, shall pay for all expenses directly to the person or company submitting a xxxx bxxx without first having to forward payment for the expenses to Landlord. Tenant hereby expressly waives the right to make repairs at the expense of Landlord as provided for in any Applicable Laws in effect at the time of execution of this Lease, or in any other Applicable Laws that may hereafter be enacted, and waives its rights under Applicable Laws relating to a landlord's ’s duty to maintain its premises in a tenantable condition.

Appears in 1 contract

Samples: Lease Agreement (Vireo Health International, Inc.)

CARE OF PREMISES. This Lease shall be deemed and construed to be an "absolute net lease." Tenant shall, at its sole cost and expense, keep the Premises in a workingLeased Premises, including the service areas adjacent to the Leased Premises, windows and signs orderly, neat, clean, sanitary, safe condition and repairsafe, and shall keep the Premises clean and free from trashrubbish and dirt at all times (as to service areas adjacent to the Leased Premises, only with respect to rubbish and dirt caused by Tenant) and shall store all trash and garbage within the Leased Premises and shall place such trash and garbage, at Tenant's expense, in the space provided by Landlord, which space shall be reasonably accessible to Tenant. Tenant shall make not burn any trash or garbage at any time in or about the Centre. In the event Tenant fails to keep the Leased Premises in the condition called for above, Landlord may enter upon the Leased Premises and have all repairs or replacements thereon or theretorubbish, whether ordinary or extraordinarydirt, trash and garbage removed, in which event Tenant agrees to pay all reasonable charges incurred by Landlord therefor. Without limiting In the foregoing, Tenant’s obligations hereunder shall include event any such action may be required by the maintenance, repair and replacement Landlord to the interior of the Building foundationLeased Premises, roof Landlord shall give written notice to on-site personnel of Tenant and Tenant shall have ten (including roof membrane), walls and all other structural components 10) days to remove such rubbish from the interior of the Building; all heating, ventilation, air conditioning, plumbing, electrical, mechanical, utility and safety systems serving the Building or 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; and painting. Leased Premises before Landlord shall not be required to furnish permitted any services or facilities or to make any repairs, replacements or alterations of any kind in or on the Premisesrights hereunder. Tenant Said charges shall receive all invoices and bills relative be paid to the Premises and, except as otherwise provided herein, shall pay for all expenses directly to Landlord by the person or company submitting Tenant within thirty (30) days from when a xxxx without first having is presented to forward payment for it and the expenses to Landlord. Tenant hereby expressly waives Landlord shall have the right to make repairs at the expense of Landlord same remedy as is provided for in any Applicable Laws in effect at the time of execution Article 17 of this Lease, or Lease in any other Applicable Laws that may hereafter be enacted, and waives its rights under Applicable Laws relating the event of Tenant's failure to a landlord's duty to maintain its premises in a tenantable conditionpay said charges within thirty (30) days after being billed therefore.

Appears in 1 contract

Samples: Lease (Metavante Corp)

CARE OF PREMISES. This Lease shall be deemed and construed to be an "absolute net lease." Tenant shall, at its sole cost and expense, keep the Premises in a working, neat, clean, sanitary, safe condition and repair, and shall keep the Premises free from trash. Tenant shall make all repairs or replacements thereon or thereto, whether ordinary or extraordinary. Without limiting the foregoing, Tenant’s obligations hereunder shall include the maintenance, repair and replacement of the Building foundation, roof (including roof membrane), walls and all other structural components of the Building; repair and maintenance associated with the Easement Property pursuant to the Easement Agreement; all heating, ventilation, air conditioning, plumbing, electrical, mechanical, utility and safety systems serving the Building or 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; and painting. Landlord shall not be required to furnish any services or facilities or to make any repairs, replacements or alterations of any kind in or on the Premises. Tenant shall receive all invoices and bills relative to the Premises and, except as otherwise provided herein, shall pay for all expenses directly to the person or company submitting a xxxx bxxx without first having to forward payment for the expenses to Landlord. Tenant hereby expressly waives the right to make repairs at the expense of Landlord as provided for in any Applicable Laws in effect at the time of execution of this Lease, or in any other Applicable Laws that may hereafter be enacted, and waives its rights under Applicable Laws relating to a landlord's ’s duty to maintain its premises in a tenantable condition.

Appears in 1 contract

Samples: Lease Agreement (Vireo Health International, Inc.)

CARE OF PREMISES. This Lease The LESSEE shall be deemed and construed to be an "absolute net lease." Tenant shall, at its sole cost and expense, keep the Premises Demised Premises, including all plumbing and electrical components, doors, windows, and other components physically located within the Demised Premises, in as good a workingcondition as when turned over to it, neat, clean, sanitary, safe condition reasonable wear and repair, tear and damage by fire and elements excepted; and shall keep the Demised Premises free from trashin an orderly, clean and sanitary condition as required by the laws and ordinances applicable thereto; and shall neither do nor permit to be done therein anything which is in violation of the terms of endurance policies on said building, or in violation of laws or ordinances applicable thereto; shall be responsible for the janitorial services as they relate to the interior space of the Demised Premises; shall neither commit or suffer waste in said Demised Premises. Tenant LESSEE shall make be responsible for any and all repairs or replacements thereon or thereto, whether ordinary or extraordinary. Without limiting the foregoing, Tenant’s obligations hereunder shall include the and extraordinary non-structural maintenance, repair and replacement repairs, of the Building foundation, roof (including roof membrane), walls and all other structural components of the Building; all heating, ventilation, air conditioning, plumbing, electrical, mechanical, utility and safety systems serving the Building or Demised Premises; shall pay for all glass broken by its fault or negligence, or the fault or negligence of its employees or invitees; shall pay for the cost of keeping or keep the sidewalks, parking areaslots, roads and driveways located on the pad surrounding the Building free and clear of all debris, snow and ice; shall keep the lawn on the pad surrounding the Building mowed in a reasonable fashion; shall be responsible for the waste removal for the Building; and shall comply with reasonable rules and regulations as may from time to time be established by the LESSOR to govern the use, occupancy and operation of the Demised Premises; . Except where caused by LESSEE'S negligence or willful misconduct, LESSOR shall be responsible for providing for and the cost of any maintenance, repairs or alterations necessary to keep the structure of the Building in a good and functioning condition. The maintenance of exterior areas such as gardening the common area restrooms and landscaping; snow removal and signage; maintenance and repair supplies used by the LESSEE is the responsibility of flashings, gutters, downspouts, roof drains, skylights and waterproofing; and painting. Landlord shall not be required to furnish any services or facilities or to make any repairs, replacements or alterations of any kind in or on the Premises. Tenant shall receive all invoices and bills relative to the Premises and, except as otherwise provided herein, shall pay for all expenses directly to the person or company submitting a xxxx without first having to forward payment for the expenses to Landlord. Tenant hereby expressly waives the right to make repairs at the expense of Landlord as provided for in any Applicable Laws in effect at the time of execution of this Lease, or in any other Applicable Laws that may hereafter be enacted, and waives its rights under Applicable Laws relating to a landlord's duty to maintain its premises in a tenantable conditionLESSOR.

Appears in 1 contract

Samples: Office Lease (Dovebid Inc)

CARE OF PREMISES. This Lease 14.01 Except as otherwise provided in this Lease, Tenant, during the Term of this Lease, including any extension thereof, shall properly maintain and make all necessary repairs and replacements to (i) the entire Building and Premises, including the windows, doors, roof, outer walls and structural portions thereof, (ii) the electrical, plumbing, heating, ventilating and cooling and other mechanical systems whether located inside or outside the Building, and whether serving the Premises or the common areas of the Building and (iii) the common areas on or about the Real Estate and/or Building, including all of the parking areas on or about the Real Estate. Tenant shall be deemed responsible for all repairs and construed maintenance to the Real Estate and Building whether as a result of ordinary wear and tear or resulting from fire unless provided otherwise, casualty or acts of God. Tenant agrees, during the Term hereof, to operate, manage and maintain in good operating condition and repair, clean and free from rubbish, debris, dirt, snow and ice, adequately drained in a safe sanitary condition, all of the common area lighting facilities, landscaping, parking and other common areas on or about the Real Estate. 14.02 It is intended by the parties hereto that Landlord shall have no obligation, in any manner whatsoever, to repair and maintain the Premises nor the building located thereon nor the equipment therein, whether structural or non structural, all of which obligations are intended to be an "absolute net lease." that of Tenant shallunder Section 14 hereof. Except as otherwise provided in this Lease, Tenant, at its sole cost and expense, will keep the Premises Premises, including, without limitation, all Tenant's personal property, fixtures and equipment, at all times in a workinggood, neat, clean, sanitary, sanitary and safe condition and repairrepair in accordance with the laws of the State of Michigan and in accordance with all directions, rules and regulations of the health officer, fire marshal, building inspector or other proper officers of the governmental agencies having jurisdiction, and shall keep Tenant will comply with all requirements of law, ordinance or otherwise affecting the Premises free from trashPremises. Tenant shall make Tenant, at its expense, will repair (or replace as needed) all repairs or replacements thereon or theretodamage to the Premises, whether ordinary or extraordinary. Without limiting the foregoingBuilding, Tenant’s obligations hereunder shall include the maintenance, repair and replacement common areas of the Building foundationor its fixtures and equipment, roof (including roof membrane)caused by the act, walls and all other structural components neglect or default of the Building; all heatingTenant, ventilationits servants, air conditioningagents, plumbingemployees, electrical, mechanical, utility and safety systems serving the Building visitors or 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; and paintinglicensees. Landlord shall not be required to furnish any services or facilities or If Tenant fails to make any repairssuch repairs and/or replacements, replacements or alterations if any, and provided Landlord gives Tenant ten (10) days prior written notice of any kind such repairs and provided further that Landlord in or on the Premisesperformance of any such repairs does not unreasonably interfere with the conduct of Tenant's business, Landlord may do so and the sole cost will be paid by Tenant to Landlord within thirty (30) days after receipt of Landlord's detailed invoice. Tenant shall receive all invoices and bills relative will permit no waste or nuisance upon or damage or injury to the Premises and, except as otherwise provided herein, shall pay for all expenses directly to the person or company submitting a xxxx without first having to forward payment for the expenses to Landlord. Tenant hereby expressly waives the right to make repairs at the expense of Landlord as provided for in any Applicable Laws in effect at the time of execution of this Lease, or in any other Applicable Laws that may hereafter be enacted, and waives its rights under Applicable Laws relating to a landlord's duty to maintain its premises in a tenantable conditionutilities supplied thereto.

Appears in 1 contract

Samples: Contribution Agreement (Experience Management LLC)

CARE OF PREMISES. This Lease shall be deemed A. Tenant agrees: 1. To keep the Premises in as good condition and construed to be an "absolute net lease." repair as they were in at the time Tenant shalltook possession of same, at its sole cost reasonable wear and expense, tear and damage from fire and other casualty for which insurance is normally procured excepted; 2. To keep the Premises in a working, neat, clean, sanitary, safe clean and sanitary condition and repairto be responsible for janitorial services for the switch room; 3. Not to commit any nuisance or waste on the Premises, and shall keep overload the Premises free or the electrical, water and/or plumbing facilities in the Premises or Building, throw foreign substances in plumbing facilities, or wastefully use any of the utilities furnished by Landlord; 4. To abide by such rules and regulations as may from trashtime to time be reasonably promulgated by Landlord; 5. To obtain Landlord’s prior approval (not to be unreasonably withheld) of the interior design of any portion of the Premises visible from the common areas or from the outside of the Building. “Interior design” as used in the preceding sentence shall include but not be limited to floor and wall coverings, furniture, office design, artwork and color scheme; and 6. Tenant shall make all repairs or replacements thereon or thereto, whether ordinary or extraordinary. Without limiting the foregoing, Tenant’s obligations hereunder shall include the maintenancemaintain, repair and replacement replace, if necessary any and all equipment and/or facilities and/or trade fixtures which services, or is dedicated, solely or exclusively to the Premises and/or Tenant, whether initially installed by Landlord or Tenant, all at Tenant’s sole cost and expense. B. If Tenant shall fail to keep and preserve the Premises in the state of condition required by the provisions of this Article 9, the Landlord may at its option put or cause the same to be put into the condition and state of repair agreed upon, and in such case the Tenant, on demand, shall pay the cost thereof. C. Landlord agrees to keep and maintain the common areas of the Building foundation, roof (including roof membrane), walls consistent with other Class B buildings in the Minneapolis central business district and all other structural components of to supply janitorial services for only the Building; all heating, ventilation, air conditioning, plumbing, electrical, mechanical, utility office and safety systems serving the Building or Premises; the parking common 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; and painting. Landlord shall not be required to furnish any services or facilities or to make any repairs, replacements or alterations of any kind in or on the Premises. Tenant shall receive all invoices and bills relative to the Premises and, except as otherwise provided herein, shall pay for all expenses directly to the person or company submitting a xxxx without first having to forward payment for the expenses to Landlord. Tenant hereby expressly waives the right to make repairs at the expense of Landlord as provided for in any Applicable Laws in effect at the time of execution of this Lease, or in any other Applicable Laws that may hereafter be enacted, and waives its rights under Applicable Laws relating to a landlord's duty to maintain its premises in a tenantable condition.

Appears in 1 contract

Samples: Standard Office Lease Agreement (Eschelon Telecom Inc)

CARE OF PREMISES. This Lease Tenant shall be deemed and construed to be an "absolute net lease." Tenant shall, at its sole cost and expense, keep take good care of the Premises in a working, neat, clean, sanitary, safe condition and repairthe Improvements, and shall keep at the Premises free from trash. expiration or earlier termination of this Lease surrender and deliver the Premises, the Improvements and the Tenant shall make all repairs or replacements thereon or thereto, whether ordinary or extraordinary. Without limiting Improvements in the foregoing, Tenant’s obligations hereunder shall include the maintenance, repair and replacement condition as of the Building foundationCommencement Date (which may be documented in accordance with Section 4, roof (including roof membrane)if Tenant requests) and as hereafter improved, walls reasonable use, wear and all tear, and damage by fire or other structural components of the Building; all heating, ventilation, air conditioning, plumbing, electrical, mechanical, utility and safety systems serving the Building or 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; and paintinginsured casualty excepted. Landlord shall not be required to furnish any services or facilities or called upon to make any repairs, replacements improvement or alterations repair of any kind in or on upon the Premises; provided, however, that, except with respect to Tenant Improvements owned by Tenant (as to which Landlord shall have no repair or replacement obligations whatsoever), Landlord and Tenant shall cooperate in good faith to determine whether any major repairs or replacements are required to structural elements of the Premises consisting of the roof covering, roof, structure, major heating, ventilation and air conditioning systems, foundation and load-bearing walls (collectively, the "Structural Elements"), and if the parties determine that such major repairs or replacements are required, then Landlord will make such repairs at Landlord's sole cost and expense. Any repairs or replacements to the Structural Elements will be constructed, maintained and repaired by Landlord so they are fully functional, free of defects, in a condition that does not impair Tenant's use and enjoyment of the Premises, and in compliance with all laws, ordinances and rules and regulations of any federal, state, county, municipal or other public authority and/or Board of Fire Underwriters. The Premises, other than Landlord’s obligation to comply with the Landlord Environmental Responsibilities (defined in Section 16(b)) with respect to the land and Landlord’s obligation with respect to the Structural Elements that are not owned by Tenant, shall at all times be kept and used in accordance with all applicable laws, statutes, ordinances and governmental rules, regulations and requirements, and in accordance with all directions, rules and regulations of the health officer, fire marshal, building inspector, or other proper officer of governing entity, at the sole cost and expense of Tenant. Tenant shall receive all invoices and bills relative permit no waste, damage or injury to the Premises andor the Improvements, except as otherwise provided hereinreasonable use, shall pay for all expenses directly to the person or company submitting a xxxx without first having to forward payment for the expenses to Landlord. Tenant hereby expressly waives the right to make repairs at the expense of Landlord as provided for in any Applicable Laws in effect at the time of execution of this Lease, or in any other Applicable Laws that may hereafter be enactedwear and tear, and waives its rights under Applicable Laws relating to a landlord's duty to maintain its premises in a tenantable conditiondamage by fire or other insured casualty excepted.

Appears in 1 contract

Samples: Stock Purchase Agreement (Heartland Express Inc)

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CARE OF PREMISES. This The leased premises are rented “AS IS.” Xxxxxx agrees to take good care of the Leased Premises. By signing this Lease Agreement, Xxxxxx acknowledges Xxxxxx has physically visited the Leased Premises or has been given the opportunity to visit the Leased Premises and accepts the Leased Premises in its “AS IS” condition. Any additional exterior features, including storage or detached shed / garage, driveways, etc. on the Leased Premises are considered “AS-IS” structures. No repairs are conducted for these structures. A. Tenant shall be deemed and construed 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 an "absolute net leaseemitted from the leased premises." B. Tenant shall, at its sole cost and expense, keep the Premises in a working, neat, clean, sanitary, safe condition and repair, and shall keep the Premises entry ways, sidewalks, and other areas on the leased premises clean and free from trashrubbish, dirt, and other debris and property. Tenant shall make store all repairs or replacements thereon or theretotrash, whether ordinary or extraordinary. Without limiting rubbish, debris, and garbage in the foregoing, Tenant’s obligations hereunder proper places and shall include provide for the maintenance, repair and replacement of the Building foundation, roof prompt removal thereof. C. (including roof membrane), walls and all other structural components of the Building; all heating, ventilation, air conditioning, plumbing, electrical, mechanical, utility and safety systems serving the Building or Premises; the parking areas, roads and driveways located INITIAL) *Pets are not allowed on the Premises; maintenance Leased Premises regardless of exterior areas such as gardening and landscaping; snow removal and signage; maintenance and repair of flashings, gutters, downspouts, roof drains, skylights and waterproofing; and paintingwhether they are considered indoor or outdoor pets. Landlord may, at Xxxxxxxx’s sole discretion, authorize the keeping of a pet on the Leased Premises upon negotiation of an acceptable pet fee, which shall be charged as additional rent, and execution of a Pet/Animal Addendum. Said Addendum shall be attached hereto in the event such an arrangement is made and approved by Landlord. D. If Landlord provides blinds on the windows, such blinds shall not be required to furnish removed. If Tenant installs draperies over the blinds, any services or facilities or to make any repairs, replacements or alterations of any kind in or on the Premises. Tenant shall receive all invoices and bills relative damage to the Leased Premises and, except as otherwise provided herein, shall pay for all expenses directly must be repaired or removed by the Tenant or at the Tenant’s expense. Damage to the person Leased Premises, including, without limitation, damage to paint, plaster, cabinets, carpets, floors, furniture or company submitting a xxxx without first having damage to forward payment for any part of the expenses to Landlord. Tenant hereby expressly waives Property caused by leaving windows or doors open during inclement weather will be the right to make repairs at responsibility of the expense of Landlord as provided for in any Applicable Laws in effect at the time of execution of this Lease, or in any other Applicable Laws that may hereafter be enacted, and waives its rights under Applicable Laws relating to a landlord's duty to maintain its premises in a tenantable conditionTenant.

Appears in 1 contract

Samples: Automatic Renewal Lease Agreement

CARE OF PREMISES. This Lease Landlord shall be deemed perform all normal maintenance and construed repairs to be an "absolute net lease." Tenant shall, at its sole cost and expense, keep the Premises which Landlord reasonably determines necessary to maintain the Premises and the Building in a workingclean and good operating condition comparable to other first class office buildings located in the Seattle, neatWashington area; including, cleanwithout limitation, sanitarythe roof, safe condition and repairfoundation, exterior walls, interior structural walls, all structural components, and shall keep the Premises free from trash. Tenant shall make all repairs or replacements thereon or thereto, whether ordinary or extraordinary. Without limiting the foregoing, Tenant’s obligations hereunder shall include the maintenance, repair and replacement of the Building foundation, roof (including roof membrane), walls and all other structural components of the Building; all heating, ventilation, air conditioning, plumbingsystems such as mechanical, electrical, mechanicalHVAC, utility and safety systems serving the Building or 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; and painting. plumbing,: provided that Landlord shall not be required to maintain or repair any Property of Tenant or any appliances (such as water heaters, refrigerators and the like) which are part of the Premises. Landlord acknowledges that as of the date of signing of this Lease Landlord has received no notices of any violations of applicable laws, ordinances, rules or regulations of governmental authorities with respect to the Premises and the Building (“Applicable Laws”). Landlord and shall, within ten (10) business days of receipt thereof furnish Tenant with copies of any services notices of violations of Applicable Laws. Tenant shall take good care of the Premises and shall, within ten (10) business days of receipt thereof furnish Landlord with copies of any notices of violations of Applicable Laws. Tenant shall not make any alterations, additions or facilities improvements (“Alterations”) in or to the Premises, or make changes to locks on doors, or add, disturb or in any repairsway change any plumbing or wiring (“Changes”) without first obtaining the written consent of Landlord and, replacements where appropriate, in accordance with plans and specifications approved by Landlord, provided that Tenant may, without Landlord’s consent, make alterations to the interior of the Premises which do not affect the structural or storefront portions of the Premises, or the plumbing, heating, ventilating, air-conditioning, mechanical, or life-safety systems in the Premises, provided (i) the cost of said alterations does not exceed $50,000.00 in any twelve (12) month period, (ii) such alterations comply with all the requirements of any kind in this Lease, including Exhibit B and Landlord’s design criteria for the Building, and (iii) such alterations do not materially alter the original design concept or on detrimentally affect the appearance of the Premises. Tenant shall receive submit to Landlord copies of all invoices documenting that the cost of such work does not exceed such amount. Tenant shall reimburse Landlord for any reasonable sums expended for examination and bills relative approval of architectural or 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 andor Building by Tenant or by any persons who may be in or upon the Premises or Building with the express or implied consent of Tenant, including but not limited to the cracking or breaking of any glass of windows and doors, shall be paid for by Tenant, except as otherwise provided herein, shall pay for all expenses directly to the person or company submitting a xxxx without first having extent covered by insurance pursuant to forward payment for the expenses to Landlord. Tenant hereby expressly waives the right to make repairs at the expense of Landlord as provided for in any Applicable Laws in effect at the time of execution of this Lease, or in any other Applicable Laws that may hereafter be enacted, and waives its rights under Applicable Laws relating to a landlord's duty to maintain its premises in a tenantable conditionParagraph 14 hereof.

Appears in 1 contract

Samples: Sublease (Marchex Inc)

CARE OF PREMISES. This Lease shall be deemed and construed to be an "absolute net lease." Tenant shall, at its sole cost and expense, keep the Premises in a working, neat, clean, sanitary, safe condition and repair, and shall keep the Premises free from trash. Tenant shall make all repairs or replacements thereon or thereto, whether ordinary or extraordinary. Without limiting the foregoing, Tenant’s obligations hereunder shall include the maintenance, repair and replacement of the Building foundation, roof (including roof membrane), walls and all other structural components of the each Building; all heating, ventilation, air conditioning, plumbing, electrical, mechanical, utility and safety systems serving the each Building or 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; and painting. Landlord shall not be required to furnish any services or facilities or to make any repairs, replacements or alterations of any kind in or on the Premises. Tenant shall receive all invoices and bills relative to the Premises and, except as otherwise provided herein, shall pay for all expenses directly to the person or company submitting a xxxx without first having to forward payment for the expenses to Landlord. Tenant hereby expressly waives the right to make repairs at the expense of Landlord as provided for in any Applicable Laws in effect at the time of execution of this Lease, or in any other Applicable Laws that may hereafter be enacted, and waives 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

CARE OF PREMISES. This Lease shall be deemed and construed to be an "absolute net lease." Tenant shall, at its sole cost and expense, keep the Premises in a working, neat, clean, sanitary, safe condition and repair, and shall keep the Premises free from trash. Tenant shall make all repairs or replacements thereon or thereto, whether ordinary or extraordinary. Without limiting the foregoing, Tenant’s obligations hereunder shall include the maintenance, repair and replacement of the Building foundation, roof (including roof membrane), walls and all other structural components of the BuildingBuilding and any other building located on the Property; all heating, ventilation, air conditioning, plumbing, electrical, mechanical, utility and safety systems serving the Building or any other building located on the Property or 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; and painting. Landlord shall not be required to furnish any services or facilities or to make any repairs, replacements or alterations of any kind in or on the Premises. Tenant shall receive all invoices and bills relative to the Premises and, except as otherwise provided herein, shall pay for all expenses directly to the person or company submitting a xxxx bxxx without first having to forward payment for the expenses to Landlord. Tenant hereby expressly waives the right to make repairs at the expense of Landlord as provided for in any Applicable Laws in effect at the time of execution of this Lease, or in any other Applicable Laws that may hereafter be enacted, and waives its rights under Applicable Laws relating to a landlord's ’s duty to maintain its premises in a tenantable condition.

Appears in 1 contract

Samples: Lease Agreement (Innovative Industrial Properties Inc)

CARE OF PREMISES. This Lease Landlord shall be deemed perform all normal maintenance and construed repairs to be an "absolute net lease." Tenant shall, at its sole cost and expense, keep the Premises in a working, neat, clean, sanitary, safe condition and repair, and shall keep which Landlord reasonably determines necessary to maintain the Premises free from trash. Tenant shall make all repairs or replacements thereon or thereto, whether ordinary or extraordinary. Without limiting the foregoing, Tenant’s obligations hereunder shall include the maintenance, repair and replacement of the Building foundation, roof (including roof membrane), walls and all other structural components of the Buildingas a first-class office building; all heating, ventilation, air conditioning, plumbing, electrical, mechanical, utility and safety systems serving the Building or 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; and painting. provided that Landlord shall not be required to furnish maintain or repair any services Property of Tenant or facilities or to make any repairsappliances (such as water heaters, replacements or alterations refrigerators, microwaves and the like) which are part of any kind in or on the Premises. Tenant shall receive all invoices take good care of the Premises. Tenant shall not make any alterations, additions or 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 bills relative specifications approved by Landlord. Any Alterations or Changes required to be made to the Premises andby any amendment to any applicable building, except as otherwise provided hereinhealth, safety, fire, nondiscrimination, or similar law or regulation ("law"), or any new law shall pay for all expenses directly be made at Tenant's sole expense and shall be subject to the person or company submitting a xxxx without first having to forward payment for the expenses to prior written consent of Landlord. Tenant hereby expressly waives shall reimburse Landlord for any reasonable sums expended for examination and approval of architectural or mechanical plans and specifications of the right Alterations and Changes and direct costs reasonably incurred during any inspection or supervision of the Alterations or Changes. All damages or injury done to make repairs at the expense Premises or Building by Tenant or by any persons who may be in or upon the Premises or Building with the express or implied consent of Landlord as provided Tenant, including but not limited to the cracking or breaking of any glass of windows and doors, shall be paid for in any Applicable Laws in effect at the time of execution of this Lease, or in any other Applicable Laws that may hereafter be enacted, and waives its rights under Applicable Laws relating to a landlord's duty to maintain its premises in a tenantable conditionby Tenant.

Appears in 1 contract

Samples: Lease Agreement (Infoseek Corp /De/)

CARE OF PREMISES. This Lease shall be deemed and construed to be an "absolute net lease." Tenant shall, at its sole cost and expense, keep the Premises in a working, neat, clean, sanitary, safe condition and repair, and shall keep the Premises free from trash. Tenant shall make all repairs or replacements thereon or thereto, whether ordinary or extraordinary. Without limiting the foregoing, Tenant’s obligations hereunder shall include the maintenance, repair and replacement of the Building foundation, roof (including roof membrane), walls and all other structural components of the BuildingBuildings and any other buildings hereafter located on the Property; all heating, ventilation, air conditioning, plumbing, electrical, mechanical, utility and safety systems serving the Building Buildings or any other building hereafter located on the Property or 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; and painting. Landlord shall not be required to furnish any services or facilities or to make any repairs, replacements or alterations of any kind in or on the Premises. Tenant shall receive all invoices and bills relative to the Premises and, except as otherwise provided herein, shall pay for all expenses directly to the person or company submitting a xxxx bxxx without first having to forward payment for the expenses to Landlord. Tenant hereby expressly waives the right to make repairs at the expense of Landlord as provided for in any Applicable Laws in effect at the time of execution of this Lease, or in any other Applicable Laws that may hereafter be enacted, and waives its rights under Applicable Laws relating to a landlord's ’s duty to maintain its premises in a tenantable condition.

Appears in 1 contract

Samples: Lease Agreement (Innovative Industrial Properties Inc)

CARE OF PREMISES. This Lessee shall, throughout the Lease shall Term, take good care of the Leased Premises and all fixtures, appurtenances, doors and windows, locks, walls, ceilings, flooring and mechanical equipment located therein, including freezers and coolers, excepting that which may be deemed and construed to be an "absolute net lease." Tenant shallcovered 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 elements, fire or other casualty excepted. Notwithstanding the foregoing, all damage or injury to the Leased 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 same may be made by Lessor at the expense of Lessee. Lessee shall give Lessor prompt notice of any defective condition in the Leased Premises of which Lessee has knowledge, 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 damage or injury attributable to Lessee, Lessee’s servants, agents, employees, invitees, or 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. Notwithstanding the foregoing, Lessor warrants all interior work in the Leased Premises for one (1) year after the Commencement Date. Lessee shall be responsible for the cost of all maintenance and repairs (except as may be covered under applicable warranty) to the heating, ventilating and air conditioning system(s) serving the office area of 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 Lessee agrees to supply a copy of the maintenance agreement to the Lessor and shall at all times 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 maintenance of all the heating, ventilating and air conditioning equipment serving the Building and Lessee shall pay its allocated share of the cost of the service contract. Notwithstanding the foregoing, Lessor shall obtain for the benefit of Lessee a complete one (1) year warranty for the entire HVAC system and a five (5) year warranty on the HVAC compressor. Lessor agrees that during the Lease Term it will keep the Premises exterior and structural parts of the Building in a working, neat, clean, sanitary, safe good condition and repair, and that it will make such repairs promptly as they become necessary. Exterior repairs shall keep the Premises free from trash. Tenant shall make all repairs or replacements thereon or theretobe deemed to include exterior walls, whether ordinary or extraordinary. Without limiting the foregoingfoundations, Tenant’s obligations hereunder shall include the maintenancepavement, repair and replacement of the Building foundation, roof (including roof membrane), walls and all other structural components of the Building; all heating, ventilation, air conditioning, plumbing, electrical, mechanical, utility and safety systems serving the Building or 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 flashingsroof, gutters, downspouts, roof drainsand plumbing, skylights which is a part of the structure or foundation. Lessor shall make such interior replacements as are necessitated by building equipment failure and waterproofing; repairs and paintingreplacements 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 other perils. Landlord shall not be required Lessor represents that, to furnish the best of its knowledge, there is neither currently nor has there been any services release or facilities or to make any repairs, replacements or alterations discharge of any kind hazardous substances in or on around the Leased Premises or the Building/Center. In addition, Lessor acknowledges and agrees that Lessee has no liability or responsibility under this Section 13 for any matters occurring prior to Lessee’s occupancy of the Leased Premises. Tenant shall receive all invoices Lessee will keep the interior of the Leased Premises clean and bills relative to the Premises andwill not improperly or unlawfully release, except as otherwise provided hereinstore, shall pay for all expenses directly to the person or company submitting a xxxx without first having to forward payment for the expenses to Landlord. Tenant hereby expressly waives the right to make repairs at the expense of Landlord as provided for in any Applicable Laws in effect at the time of execution of this Leasehandle, or dispose of any refuse, trash or hazardous materials or contaminants in the Leased Premises or in or around the Building of which the Leased Premises form a part (hereinafter, any other Applicable Laws that may hereafter such improper or unlawful release shall be enacteda “Release”). Lessee shall immediately notify Lessor and appropriate governmental agencies and authorities having jurisdiction if a Release of such materials occurs, and waives its rights under Applicable Laws relating shall take complete corrective action to clean and 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 landlord's duty to maintain its premises in a tenantable conditionresult of such Release or contamination caused by Lessee and such indemnification shall survive the expiration or termination of the Lease. Such indemnified liabilities shall include the costs of environmental consultants and engineers, cleanup and reporting expenses, and attorney’s fees and costs.

Appears in 1 contract

Samples: Lease Agreement (Super Vision International Inc)

CARE OF PREMISES. This Lease Subject to the provisions of Sections 6.1 and 6.2 hereof, Tenant shall be deemed maintain and construed to be an "absolute net lease." Tenant shall, at its sole cost and expense, keep repair the Premises (other than the Building Structure and/or the Building Systems), including all improvements, fixtures and furnishings therein and the plenum area above the ceiling in a workingthe Premises, neatduring the Term and preserve same in the condition delivered to Tenant on the Commencement Date, cleannormal wear and tear, sanitary, safe condition and repairchanges made by Alterations, and damage due to casualty excepted. Notwithstanding the foregoing, Tenant shall keep reimburse Landlord upon demand, unless covered by Landlord's insurance or would have been covered by Landlord's insurance if Landlord had obtained the Premises free from trashinsurance it was required to obtain under this Lease, for the cost of such repairs to the Building Structure or Building Systems if necessitated by reason of the negligence or willful misconduct of Tenant, any assignee or subtenant of Tenant, or their respective employees, agents, invitees or contractors, or by reason of the failure of Tenant to perform or observe any conditions or agreements in this Lease, or if made necessary by the Tenant Improvements or any Alterations made by Tenant or anyone claiming under Tenant. Tenant shall make all repairs or replacements thereon or thereto, whether ordinary or extraordinary. Without limiting the foregoing, Tenant’s obligations hereunder shall include the maintenance, repair be responsible for repainting and replacement of the Building foundation, roof (including roof membrane), walls and all other structural components of the Building; all heating, ventilation, air conditioning, plumbing, electrical, mechanical, utility and safety systems serving the Building or Premises; the parking areas, roads and driveways located on redecorating the Premises; maintenance of exterior areas such , cleaning drapes or other window coverings and carpets at reasonable intervals as gardening needed, and landscaping; snow removal and signage; maintenance and repair of flashings, gutters, downspouts, roof drains, skylights and waterproofing; and painting. Landlord shall not be required to furnish any services or facilities or to make any making repairs, replacements or and alterations as needed, in a good and workmanlike manner in accordance with the terms and provisions of this Lease, including those governing the performance of any kind in or on Alterations to the Premises. Tenant shall receive all invoices , using contractors licensed in the state in which the Project is located approved by Landlord in its reasonable judgment, and bills relative materials of equal or better quality and utility to the Premises and, except as otherwise provided herein, shall pay for all expenses directly to the person or company submitting a xxxx without first having to forward payment for the expenses to Landlordoriginal work. Tenant hereby expressly waives the right all rights under California Civil Code Sections 1932(1) and 1941 and all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises as provided for in by California Civil Code Section 1942 or any Applicable Laws other, statute, or ordinance now or hereafter in effect authorizing a tenant to make repairs at the time expense of execution a landlord or to terminate a lease upon the complete or partial destruction of this Leasethe leased Premises. In addition, Tenant shall label its computer cabling upon installation of the same. If Tenant fails to make any necessary repairs within fifteen (15) business days after demand by Landlord, Landlord may at its option make the repairs and Tenant shall pay Landlord on demand as additional Base Rent the actual out-of-pocket costs, without profit, overhead, depreciation or administrative fees, incurred by Landlord therefor. Landlord shall repair or replace, at Tenant's sole cost, any damage done to the Project or any part thereof caused by Tenant or Tenant's agents, employees, contractors, invitees or visitors. Tenant agrees to give Landlord or its managing agent prior written notice of the necessity for any repairs in any other Applicable Laws that may hereafter be enacted, or to the Premises and waives shall not proceed to perform same until Landlord or its rights under Applicable Laws relating to a landlord's duty to maintain its premises in a tenantable conditionmanaging agent has consented thereto.

Appears in 1 contract

Samples: Office Building Lease (Aames Financial Corp/De)

CARE OF PREMISES. This Lease shall be deemed and construed to be an "absolute net lease." (a) Tenant shall, at its Tenant's sole cost and expenseexpense and at all times, keep the Premises and every part thereof in a workinggood order, neat, clean, sanitary, safe condition and repair. Tenant's obligations shall include restorations, and shall replacements or renewals when necessary to keep the Premises free from trashand all improvements and equipment thereon or a part thereof in good order, condition and state of repair. If Tenant fails to maintain or repair the Premises as provided above, then after the expiration of any applicable notice and cure period set forth in this Lease, Landlord shall have the right, but not the obligation, to maintain or repair the Premises and Tenant shall make all repairs promptly reimburse Landlord for Landlord's actual cost of such maintenance or replacements thereon or theretorepair, whether ordinary or extraordinary. Without limiting plus a management fee in the foregoingamount of 15% of such actual cost. (b) Tenant shall, at Tenant’s obligations hereunder shall include 's sole expense, procure and maintain contracts, with copies to Landlord, in customary form and substance for, and with contractors specializing and experienced in the maintenance, repair and replacement maintenance of the Building foundationfollowing equipment and improvements, roof if any, if and when installed on the Premises: (i) HVAC equipment, (ii) boiler, and pressure vessels, (iii) fire extinguishing systems, including roof membrane)fire alarm and/or smoke detection, walls (iv) landscaping and all other structural components irrigation systems, (v) driveways and parking lots, (vi) clarifiers, and (vii) basic utility feed to the perimeter of the Building; all heatingPremises. (c) Landlord shall not be liable for injury to Tenant's business, ventilationor loss of income therefrom, or, except in connection with damage or injury resulting from the gross negligence or willful misconduct of Landlord, or its authorized agents, for damage that may be sustained by the person, goods, wares, merchandise or property of Tenant, its employees, invitees, customers, agents, or contractors, or any other person in, on or about the Premises directly or indirectly caused by or resulting from fire, steam, electricity, gas, water or rain which may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, plumbinglight fixtures, electricalor mechanical or electrical systems or from intrabuilding network cable, mechanical, utility and safety systems serving the Building whether such damage or 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; and painting. Landlord shall not be required to furnish any services or facilities or to make any repairs, replacements or alterations of any kind in or on the Premises. Tenant shall receive all invoices and bills relative to injury results from conditions arising upon the Premises and, except as otherwise provided herein, shall pay for all expenses directly or from other sources or places and regardless of whether the cause of such damage or injury or the means or repairing the same is inaccessible to the person or company submitting a xxxx without first having to forward payment for the expenses to Landlord. Tenant hereby expressly waives the right to make repairs at the expense of Landlord as provided for in any Applicable Laws in effect at the time of execution of this Lease, or in any other Applicable Laws that may hereafter be enacted, and waives its rights under Applicable Laws relating to a landlord's duty to maintain its premises in a tenantable conditionTenant.

Appears in 1 contract

Samples: Lease Agreement (Bridge Capital Holdings)

CARE OF PREMISES. This Lease 14.01 Except as otherwise provided in this Lease, Landlord, during the Term of this Lease, including any extension thereof, shall properly maintain and make all necessary repairs and replacements to (i) the entire Building and Premises, including the windows, doors, roof, outer walls and structural portions thereof, (ii) the electrical, plumbing, heating, ventilating and cooling and other mechanical systems whether located inside or outside the Building, and whether serving the Premises or the common areas of the Building and (iii) the common areas on or about the Real Estate and/or Building, including all of the parking areas on or about the Real Estate. Landlord shall be deemed responsible for all repairs and construed maintenance to the Real Estate and Building whether as a result of ordinary wear and tear or resulting from fire, casualty or acts of God. It is understood and agreed that Tenant shall have no responsibility for the repair of any of the electrical, plumbing, heating, ventilating and cooling or other utility systems serving the Premises, the obligations for such repairs being the sole responsibility of Landlord. In addition to the foregoing, Landlord hereby warrants any Tenant Improvements constructed by Landlord to be an "absolute net leasefree from defects in workmanship and materials for a period of twelve (12) months after the Commencement Date. If any repairs to, or replacement of any Tenant Improvements constructed by Landlord are needed within twelve (12) months after the Commencement Date, all such repairs shall be performed by Landlord and/or its contractors, at Landlord's sole cost and expense without reimbursement from Tenant so long as said repairs are not necessitated by Tenant's negligent acts or omissions. Landlord agrees, during the Term hereof, to operate, manage and maintain in good operating condition and repair, clean and free from rubbish, debris, dirt, snow and ice, adequately drained in a safe sanitary condition, all of the common area lighting facilities, landscaping, parking and other common areas on or about the Real Estate. Landlord agrees to keep all of the parking area lights on each night from dusk until at least 11:00 p.m to the extent permitted by applicable law. In addition, such parking lights shall be on from 6:00 a.m. until daylight." Tenant shall 14.02 Except as otherwise provided in this Lease, Tenant, at its sole cost and expense, will keep the Premises Premises, including, without limitation, all Tenant's personal property, fixtures and equipment, at all times in a workinggood, neat, clean, sanitary, sanitary and safe condition and repairrepair in accordance with the laws of the State of Michigan and in accordance with all directions, rules and regulations of the health officer, fire marshal, building inspector or other proper officers of the governmental agencies having jurisdiction, and shall keep Tenant will comply with all requirements of law, ordinance or otherwise affecting the Premises free from trashPremises. Tenant shall make Tenant, at its expense, will repair (or replace as needed) all repairs or replacements thereon or theretodamage to the Premises, whether ordinary or extraordinary. Without limiting the foregoingBuilding, Tenant’s obligations hereunder shall include the maintenance, repair and replacement common areas of the Building foundationor its fixtures and equipment, roof (including roof membrane)caused by the act, walls and all other structural components neglect or default of Tenant, its servants, agents, employees, visitors or licensees, except to the Building; all heating, ventilation, air conditioning, plumbing, electrical, mechanical, utility and safety systems serving extent such repairs would be covered by the Building or 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; and painting. insurance Landlord shall not be is required to furnish any services or facilities or carry pursuant to the terms of this Lease. If Tenant fails to make any repairssuch repairs and/or replacements, replacements or alterations if any, and provided Landlord gives Tenant ten (10) days prior written notice of any kind such repairs and provided further that Landlord in or on the Premisesperformance of any such repairs does not unreasonably interfere with the conduct of Tenant's business, Landlord may do so at Tenant's reasonable expense by such contractors and mechanics as may be employed by Landlord and the sole cost will be paid by Tenant, as additional rent, to Landlord within thirty (30) days after receipt of Landlord's detailed invoice. Tenant shall receive all invoices and bills relative will permit no waste or nuisance upon or damage or injury to the Premises and, except as otherwise provided herein, shall pay for all expenses directly to the person or company submitting a xxxx without first having to forward payment for the expenses to Landlord. Tenant hereby expressly waives the right to make repairs at the expense of Landlord as provided for in any Applicable Laws in effect at the time of execution of this Lease, or in any other Applicable Laws that may hereafter be enacted, and waives its rights under Applicable Laws relating to a landlord's duty to maintain its premises in a tenantable conditionutilities supplied thereto.

Appears in 1 contract

Samples: Lease Agreement (Federal Screw Works)

CARE OF PREMISES. This Lease shall be deemed and construed to be an "absolute net lease." (a) Tenant shall, throughout the Term, take good care of the Premises and all fixtures, appurtenances, doors and windows, locks, walls, ceilings, flooring and mechanical and plumbing equipment located therein and expressly serving the Premises, 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 elements, fire or other casualty excepted. Notwithstanding the foregoing, all damage or injury to the 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 Tenant, its servants, employees or licensees, shall be repaired by Tenant at its sole expense to the satisfaction of Landlord reasonably exercised. Tenant shall also be responsible for any repairs to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or non-structural repairs, directly attributable to Tenant’s chemicals stored on site. Tenant shall replace or repair, as needed, all lamps, bulbs, ballasts and other lighting fixtures and apparatus. Tenant shall also repair all damage to the Building and the Premises caused by the moving of Tenant’s fixtures, furniture or equipment. All the aforesaid repairs shall be of quality or class equal to the original work or construction. If Tenant fails after thirty (30) days’ notice to proceed with due diligence to make repairs required to be made by it, the same may be made by Landlord at the expense of Tenant. Tenant shall give Landlord prompt notice of any defective condition in the Premises which Landlord is required to repair or replace. Landlord shall remedy the condition with due diligence but at the expense of Tenant if repairs are necessitated by damage or injury attributable to Tenant, Tenant’s servants, agents, employees, invitees, or licensees as aforesaid. All repair work and/or modifications made to the Premises must be made by licensed and bonded contractor(s) approved by Landlord. (b) As of the Commencement Date, the heating, ventilating and air conditioning system(s) (“HVAC”) serving the Premises shall be in good working order. Thereafter, Tenant shall be responsible for the cost of all maintenance, repair and replacement thereof. Tenant shall, within thirty (30) days of occupancy, contract with a licensed HVAC maintenance company to maintain the system in proper working order with semi-annual inspections and maintenance services. Upon execution and renewal, Tenant agrees to supply a copy of the maintenance agreement to Landlord and shall at all times during the term of the Lease keep in full force such HVAC maintenance agreement. If Tenant fails to enter into a maintenance agreement as herein provided and such failure continues for thirty (30) days after Tenant’s receipt of notice of such failure, Landlord, at Landlord’s option, may elect to enter into a service contract and Tenant shall pay the cost thereof. (c) Landlord agrees that during the Term it will keep the Premises exterior and structural parts of the Building in a working, neat, clean, sanitary, safe good condition and repair, and shall keep the Premises free from trashthat it will make such repairs promptly as they become necessary. If Tenant becomes aware of any condition that is Landlord’s responsibility to repair, Tenant shall make all repairs or replacements thereon or thereto, whether ordinary or extraordinarypromptly notify Landlord of the condition. Without limiting the foregoing, Tenant’s obligations hereunder shall include the maintenance, repair and replacement Exterior parts of the Building foundationshall be deemed to include exterior walls, foundations, pavement, roof (including roof membrane), walls and all other structural components of the Building; all heating, ventilation, air conditioning, plumbing, electrical, mechanical, utility and safety systems serving the Building or 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 flashingsreplacement, gutters, downspouts, roof drains, skylights and waterproofing; and paintingplumbing which is a part of the structure or foundation. Landlord shall not be required to furnish any services make such interior replacements as are necessitated by building equipment failure and repairs and replacements necessitated by fire or facilities perils covered by extended coverage insurance for which damage or to make any repairsloss insurance is carried by Landlord and for which insurance proceeds are recovered, replacements including interior reconstruction and/or redecorating necessitated by such fire or alterations of any kind in or on the Premises. Tenant shall receive all invoices and bills relative to the Premises and, except as otherwise provided herein, shall pay for all expenses directly to the person or company submitting a xxxx without first having to forward payment for the expenses to Landlord. Tenant hereby expressly waives the right to make repairs at the expense of Landlord as provided for in any Applicable Laws in effect at the time of execution of this Lease, or in any other Applicable Laws that may hereafter be enacted, and waives its rights under Applicable Laws relating to a landlord's duty to maintain its premises in a tenantable conditionperils.

Appears in 1 contract

Samples: Lease Agreement (Leslies Poolmart Inc)

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