Common use of Condition and Care of Premises Clause in Contracts

Condition and Care of Premises. (a) Tenant's taking possession of the Premises shall be conclusive evidence against Tenant, and upon said taking of possession Tenant shall execute an agreement with Landlord stating that the Premises were then in good order and satisfactory condition, except for any so-called "punchlist" items detailed in said agreement and latent defects attendant to Landlord's Work under any Workletter attached hereto and made a part hereof, and upon completion of any punchlist items, Tenant shall also execute a supplement to said agreement accepting completion of the punchlist items. No promises of the Landlord to alter, remodel, improve, repair, decorate, or clean the Premises or any part thereof have been made, and no representation respecting the condition of the Premises, the Building, or the Land, has been made to Tenant by or on behalf of Landlord except to the extent expressly set forth herein, or in the aforesaid Workletter. This Lease does not grant any rights to light or air over or about the property of Landlord. (b) Except for any damage resulting from any wanton or negligent act of Landlord or its employees and agents, and subject to the provisions of Section 15 hereof. Tenant shall, at its own expense, keep the Premises in good repair and condition and shall promptly and adequately repair all damage to the Premises caused by Tenant or any of its employees, agents, or invitees, including replacing or repairing all damaged or broken glass, fixtures, and appurtenances resulting from any such damage, under the supervision and with the approval of Landlord and within any reasonable period of time specified by landlord. Tenant's obligation to maintain and repair the Premises as described above, shall include but is not limited to, all electrical, plumbing and mechanical systems serving the Premises from the point said systems connect to the base building systems on each floor. If Tenant does not do so promptly and adequately, Landlord may, but need not, make such repairs and replacements and Tenant shall pay Landlord the cost thereof on demand. Tenant shall take special care to keep all areas of the Premises which are visible by or accessible to the public, such as elevator lobbies and corridors, in good order and appearance consistent with the high standards and quality of a first-class office building. Landlord shall keep, repair and maintain the following existing items in and about the Building in good order and repair at not less than the same general standards now or hereafter applicable to first-class non-institutional office buildings in the north suburban Chicago area and in conformity with all applicable laws, regulations, rules and ordinances: the structure, foundation, roof and exterior of the Building, the base Building, heating, air conditioning, ventilating, plumbing, electrical and related systems, ail supporting equipment and fixtures and the base Building stairways, elevators and other common areas. Landlord shall repair all damage to the common areas of the Building and, to the extent caused by the negligence, or intentional misconduct of Landlord, its agents or employees or Landlord's breach of this Lease, damage to the Premises caused by water, snow, frost, steam, excessive heat or cold, sewerage, gas, noise or the bursting or leaking of pipes. Any additional items installed in the Building or Premises by Landlord or Tenant after the date of this Lease shall be maintained by the party who purchases or installs such item. If any repairs are made necessary as a result of the act, neglect, fault of or omission of any duty by Tenant, its agents, servants, employees or invitees, Tenant shall pay to Landlord, as additional rent, the actual cost of such repairs. (c) Whenever, in Landlord's opinion, Tenant's use or occupation of the Premises, including lighting, personnel, heat generating machines, or equipment, individually or cumulatively, causes the design loads for the system providing heat and air-cooling to be exceeded, to affect the temperature or humidity otherwise maintained by the heating, ventilating, and air conditioning system in the Premises or Building, Landlord may, but shall not be obligated to, temper such excess loads by installing supplementary heating or air-conditioning units in the Premises or elsewhere where necessary. In such event, the cost of such units and the expense of installation, including, without limitation, the cost of preparing working drawings and specifications, shall be paid by Tenant as additional rent within thirty (30) days after receipt of invoice therefor. Alternatively, Landlord may require Tenant to install such supplementary heating or air-conditioning unit at Tenant's sole expense. Landlord may operate and maintain any such supplementary units, but shall have. no continuing obligation to do so or liability in connection therewith. The expense resulting from the operation and maintenance of any such supplementary heating or air conditioning units, including rent for space occupied by any supplementary heating or air conditioning units installed outside the Premises, shall be paid by Tenant to Landlord as additional rent at rates fixed by Landlord. Alternatively, Landlord may require Tenant to operate and maintain any such supplementary units, also at Tenant's sole expense.

Appears in 2 contracts

Samples: Office Lease (Hewitt Associates Inc), Office Lease (Hewitt Holdings LLC)

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Condition and Care of Premises. (a) Tenant's taking possession 8.1 The Tenant hereby acknowledges that the Rental Unit, appliances and appurtenances are in clean condition, free of visible defects and fit for habitation and use. 8.2 The Tenants hereby undertake to notify the Landlord, in writing, within 48 hours of the Premises shall be conclusive evidence against Tenantcommencement of the term of the Lease, and upon said taking of possession Tenant shall execute an agreement with Landlord stating that the Premises were then in good order and satisfactory condition, except for any so-called "punchlist" items detailed in said agreement and latent defects attendant to Landlord's Work under any Workletter attached hereto and made a part hereof, and upon completion of any punchlist items, Tenant shall also execute a supplement to said agreement accepting completion of the punchlist items. No promises of the Landlord to alter, remodel, improve, repair, decorate, defects or clean the Premises or any part thereof have been made, and no representation respecting deficiencies in the condition of the PremisesRental Unit. 8.3 The Tenants agree that there is no promise, representation or undertaking by or binding upon the Landlord with respect to any alteration, remodelling, decorating or installation of equipment or fixtures in the Rental Unit. 8.4 The Tenants agree to maintain the Rental Unit in the same condition as existed at the commencement of this Tenancy Agreement, or as improved by the Landlord thereafter, reasonable wear and tear excepted. 8.5 The Tenants covenant to advise the Landlord, in writing, of any repairs or maintenance required to be done by the Landlord. It is agreed that any request for maintenance or repairs not made in writing shall not be the subject of any legal proceeding by the Tenant against the Landlord in a court of law or before a tribunal of competent jurisdiction. 8.6 It is further agreed that, upon written notice to the Landlord of any repairs or maintenance required to be done, the BuildingTenants shall allow the Landlord a reasonable opportunity to effect repairs or maintenance that the Landlord is required to undertake by law or under the Lease. The Tenants shall not call on any person not employed or designated by the Landlord to effect any repair or maintenance of the Rental Unit. 8.7 The Landlord shall provide the following appliances inside the Rental Unit: fridge, or stove, dishwasher, microwave, washer, and dryer. The Landlord shall be responsible for the Landrepair of all such appliances, has been made except where such repairs do not result from normal wear and tear. 8.8 Should the Tenants require the services of a plumber to Tenant by or on behalf unclog a toilet, and it is found to be the Tenants' fault that the toilet was clogged, the Tenants will be responsible for the all costs of Landlord except hiring said plumber. 8.9 The Tenants shall not make any alterations to the extent expressly set forth hereinRental Unit without the written consent of the Landlord, or in which is not to be unreasonably withheld. Such alterations requiring the aforesaid Workletter. This Lease does not grant any rights to light or air over or about written consent of the property of Landlord. (b) Except for any damage resulting from any wanton or negligent act of Landlord or its employees and agentsinclude, and subject to the provisions of Section 15 hereof. Tenant shall, at its own expense, keep the Premises in good repair and condition and shall promptly and adequately repair all damage to the Premises caused by Tenant or any of its employees, agents, or invitees, including replacing or repairing all damaged or broken glass, fixtures, and appurtenances resulting from any such damage, under the supervision and with the approval of Landlord and within any reasonable period of time specified by landlord. Tenant's obligation to maintain and repair the Premises as described above, shall include but is are not limited to, all electricalthe application of paint to walls and other surfaces, plumbing the application of wallpaper, and mechanical systems serving the Premises from use of nails and picture hangers on walls and other surfaces. 8.10 Should the point said systems connect Landlord be required to repair or clean the base building systems on each floor. If Tenant does not do so promptly Rental Unit at a time after the completion of the tenancy, or at any other time, and adequately, Landlord may, but need not, make such repairs and replacements and Tenant shall pay Landlord the cost thereof on demand. Tenant shall take special care to keep all areas of the Premises which are visible by or accessible to the public, such as elevator lobbies and corridors, in good order and appearance consistent with the high standards and quality of a first-class office building. Landlord shall keep, repair and maintain the following existing items in and about the Building in good order and repair at not less than the same general standards now or hereafter applicable to first-class non-institutional office buildings in the north suburban Chicago area and in conformity with all applicable laws, regulations, rules and ordinances: the structure, foundation, roof and exterior of the Building, the base Building, heating, air conditioning, ventilating, plumbing, electrical and related systems, ail supporting equipment and fixtures and the base Building stairways, elevators and other common areas. Landlord shall repair all damage to the common areas of the Building and, to the extent caused by the negligence, or intentional misconduct of Landlord, its agents or employees or Landlord's breach of this Lease, damage to the Premises caused by water, snow, frost, steam, excessive heat or cold, sewerage, gas, noise or the bursting or leaking of pipes. Any additional items installed in the Building or Premises by Landlord or Tenant after the date of this Lease shall be maintained by the party who purchases or installs such item. If any repairs cleaning are made necessary as a result of by the actTenants, neglect, fault of except repairs resulting from normal wear and tear or omission of any duty those deemed necessary by Tenant, its agents, servants, employees or invitees, Tenant shall pay to Landlord, as additional rentthe initial inspection report, the actual cost Tenants shall be responsible for the costs of such repairsrepairs and cleaning. (c) Whenever, in Landlord's opinion, Tenant's use or occupation of the Premises, including lighting, personnel, heat generating machines, or equipment, individually or cumulatively, causes the design loads for the system providing heat and air-cooling to be exceeded, to affect the temperature or humidity otherwise maintained by the heating, ventilating, and air conditioning system in the Premises or Building, Landlord may, but shall not be obligated to, temper such excess loads by installing supplementary heating or air-conditioning units in the Premises or elsewhere where necessary. In such event, the cost of such units and the expense of installation, including, without limitation, the cost of preparing working drawings and specifications, shall be paid by Tenant as additional rent within thirty (30) days after receipt of invoice therefor. Alternatively, Landlord may require Tenant to install such supplementary heating or air-conditioning unit at Tenant's sole expense. Landlord may operate and maintain any such supplementary units, but shall have. no continuing obligation to do so or liability in connection therewith. The expense resulting from the operation and maintenance of any such supplementary heating or air conditioning units, including rent for space occupied by any supplementary heating or air conditioning units installed outside the Premises, shall be paid by Tenant to Landlord as additional rent at rates fixed by Landlord. Alternatively, Landlord may require Tenant to operate and maintain any such supplementary units, also at Tenant's sole expense.

Appears in 2 contracts

Samples: Residential Tenancy Agreement, Residential Tenancy Agreement

Condition and Care of Premises. (a) Tenant's taking possession of the Premises shall be conclusive evidence against Tenant, and upon said taking of possession Tenant shall execute an agreement with Landlord stating that the Premises were then in good order and satisfactory condition, except for any so-called "punchlist" items detailed in said agreement and latent defects attendant to Landlord's Work under any Workletter attached hereto and made a part hereof, and upon completion of any punchlist punch1ist items, Tenant shall also execute a supplement to said agreement accepting completion of the punchlist punch1ist items. No promises of the Landlord to alter, remodel, improve, repair, decorate, or clean the Premises or any part thereof have been made, and no representation respecting the condition of the Premises, the Building, or the Land, has been made to Tenant by or on behalf of Landlord except to the extent expressly set forth herein, or in the aforesaid Workletter. This Lease does not grant any rights to light or air over or about the property of Landlord. (b) Except for any damage resulting from any wanton or negligent act of Landlord or its employees and agents, and subject to the provisions of Section 15 hereof. , Tenant shall, at its own expense, keep the Premises in good repair and condition and shall promptly and adequately repair all damage to the Premises caused by Tenant or any of its employees, agents, or invitees, including replacing or repairing all damaged or broken glass, fixtures, and appurtenances resulting from any such damage, under the supervision and with the approval of Landlord and within any reasonable period of time specified by landlordLandlord. Tenant's obligation to maintain and repair the Premises as described above, shall include but is not limited to, all electrical, plumbing and mechanical systems serving the Premises from the point said systems connect to the base building systems on each floor. If Tenant does not do so promptly and adequately, Landlord may, but need not, make such repairs and replacements and Tenant shall pay Landlord the cost thereof on demand. Tenant shall take special care to keep all areas of the Premises which are visible by or accessible to the public, such as elevator lobbies and corridors, in good order and appearance consistent with the high standards and quality of a first-class office building. Landlord shall keep, repair and maintain the following existing items in and about the Building in good order and repair at not less than the same general standards now or hereafter applicable to first-class non-institutional office buildings in the north suburban Chicago area and in conformity with all applicable laws, regulations, rules and ordinances: the structure, foundation, roof and exterior of the Building, the base Building, Building heating, air conditioning, ventilating, plumbing, electrical and related systems, ail all supporting equipment and fixtures and the base Building stairways, elevators and other common areas. Landlord shall repair all damage to the common areas of the Building and, to the extent caused by the negligence, or intentional misconduct of Landlord, its agents or employees or Landlord's breach of this Lease, damage to the Premises caused by water, snow, frost, steam, excessive heat or cold, sewerage, gas, noise or the bursting or leaking of pipes. Any additional items installed in the Building or Premises by Landlord or Tenant after the date of this Lease shall be maintained by the party who purchases or installs such item. If any repairs are made necessary as a result of the act, neglect, fault of or omission of any duty by Tenant, its agents, servants, employees or invitees, Tenant shall pay to Landlord, as additional rent, the actual cost of such repairs. (c) Whenever, in Landlord's opinion, Tenant's use or occupation of the Premises, including lighting, personnel, heat generating machines, or equipment, individually or cumulatively, causes the design loads for the system providing heat and air-cooling to be exceeded, to affect the temperature or humidity otherwise maintained by the heating, ventilating, and air conditioning system in the Premises or Building, Landlord may, but shall not be obligated to, temper such excess loads by installing supplementary heating or air-conditioning units in the Premises or elsewhere where necessary. In such event, the cost of such units and the expense of installation, including, without limitation, the cost of preparing working drawings and specifications, shall be paid by Tenant as additional rent within thirty (30) days after receipt of invoice therefor. Alternatively, Landlord may require Tenant to install such supplementary heating or air-conditioning unit at Tenant's sole expense. Landlord may operate and maintain any such supplementary units, but shall have. have no continuing obligation to do so or liability in connection therewith. The expense resulting from the operation and maintenance of any such supplementary heating or air conditioning units, including rent for space occupied by any supplementary heating or air conditioning units installed outside the Premises, shall be paid by Tenant to Landlord as additional rent at rates fixed by Landlord. Alternatively, Landlord may require Tenant to operate and maintain any such supplementary units, also at Tenant's sole expense.

Appears in 2 contracts

Samples: Office Lease (Hewitt Holdings LLC), Office Lease (Hewitt Associates Inc)

Condition and Care of Premises. (a) Tenant's taking possession of the Premises shall be conclusive evidence against Tenant, and upon said taking of possession Tenant shall execute an agreement with Landlord stating that the Premises were then in good order and satisfactory condition, except for any so-called "punchlistpunch1ist" items detailed in said agreement and latent defects attendant to Landlord's Work under any Workletter attached hereto and made a part hereof, and upon completion of any punchlist punch1ist items, Tenant shall also execute a supplement to said agreement accepting completion of the punchlist punch1ist items. No promises of the Landlord to alter, remodel, improve, ; repair, decorate, or clean the Premises or any part thereof have been made, and no representation respecting the condition of the Premises, Premises the Building, or the Land, ; has been been-made to Tenant by or on behalf of Landlord except to the extent expressly set forth herein, or in the aforesaid Workletter. This Lease does not grant any rights to light or air over or about the property of Landlord. (b) Except for any damage resulting from any wanton or negligent act of Landlord or its employees and agents, and subject to the provisions of Section 15 hereof. , Tenant shall, at its own expense, keep the Premises in good repair and condition and shall promptly and adequately repair all damage to the Premises caused by Tenant or any of its employees, agents, or invitees, including replacing or repairing all damaged or broken glass, fixtures, and appurtenances resulting from any such damage, under the supervision and with the approval of Landlord and within any reasonable period of time specified by landlordLandlord. Tenant's obligation to maintain and repair the Premises as described above, shall include but is not limited to, all electrical, plumbing and mechanical systems serving the Premises from the point said systems connect to the base building systems on each floor. If Tenant does not do so promptly and adequately, Landlord may, but need not, make such repairs and replacements and Tenant shall pay Landlord the cost thereof on demand. Tenant shall take special care to keep all areas of the Premises which are visible by or accessible to the public, such as elevator lobbies and corridors, in good order and appearance consistent with the high standards and quality of a first-class office building. Landlord shall keep, repair and maintain the following existing items in and about the Building in good order and repair at not less than the same general standards now or hereafter applicable to first-class non-institutional office buildings in the north suburban Chicago area and in conformity with all applicable laws, regulations, rules and ordinances: the structure, foundation, roof and exterior of the Building, the base Building, Building heating, air conditioning, ventilating, plumbing, electrical and related systems, ail all supporting equipment and fixtures and the base Building stairways, stairways elevators and other common areas. Landlord shall repair all damage to the common areas of the Building and, to the extent caused by the negligence, or intentional misconduct of Landlord, its agents or employees or Landlord's breach of this Lease, damage to the Premises caused by water, snow, frost, steam, excessive heat or cold, sewerage, gas, noise or the bursting or leaking of pipes. Any additional items installed in the Building or Premises by Landlord or Tenant after the date of this Lease shall be maintained by the party Party who purchases or installs such item. If any repairs are made necessary as a result of the act, neglect, fault of or omission of any duty by Tenant, its agents, servants, employees or invitees, Tenant shall pay to Landlord, as additional rent, . the actual cost of such repairs. (c) Whenever, in Landlord's opinion, Tenant's use or occupation of the Premises, including lighting, personnel, heat generating machines, or equipment, individually or cumulatively, causes the design loads for the system providing heat and air-cooling to be exceeded, to affect the temperature or humidity otherwise maintained by the heating, ventilating, and air conditioning system in the Premises or Building, Landlord may, but shall not be obligated to, temper such excess loads by installing supplementary heating or air-conditioning units in the Premises or elsewhere where necessary. In such event, the cost of such units and the expense of installation, including, without limitation, the cost of preparing working drawings and specifications, shall be paid by Tenant as additional rent within thirty (30) days after receipt of invoice therefor. Alternatively, Landlord may require Tenant to install such supplementary heating or air-conditioning unit at Tenant's sole expense. Landlord may operate and maintain any such supplementary units, but shall have. have no continuing obligation to do so or liability in is connection therewith. The expense resulting from the operation and maintenance of any such supplementary heating or air conditioning units, including rent for space occupied by any supplementary heating or air conditioning units installed outside the Premises, shall be paid by Tenant to Landlord as additional rent at rates fixed by Landlord. Alternatively, Landlord may require Tenant to operate and maintain any such supplementary units, also at Tenant's Tenants sole expense.

Appears in 2 contracts

Samples: Office Lease (Hewitt Associates Inc), Office Lease (Hewitt Holdings LLC)

Condition and Care of Premises. (a) TenantXxxxxx's taking possession of the Premises shall be conclusive evidence against Tenant, and upon said taking of possession Tenant shall execute an agreement with Landlord stating that the portion of the Premises were taken possession of was then in good order and satisfactory condition, condition except for any so-called those conditions, if any, set forth on a written "punchlistpunch list" signed by Xxxxxx and sent to Landlord within thirty (30) days after Xxxxxx takes possession. Landlord will use reasonable efforts to complete such punch list items detailed in said agreement and latent defects attendant to Landlord's Work under any Workletter attached hereto and made a part hereof, and upon completion of any punchlist items, Tenant shall also execute a supplement to said agreement accepting completion within fifteen (15) days after receipt of the punchlist itemspunch list. No promises of the Landlord to alter, remodel, improve, repair, decorate, or clean decorate the Premises or any part thereof have been made, and no representation respecting the condition of the Premises, the Building, Premises or the Land, Project has been made to Tenant by or on behalf of Landlord except to the extent expressly set forth hereinstated in this Lease including, or in the aforesaid Workletter. This Lease does but not grant any rights to light or air over or about the property of Landlord. (b) limited to, Paragraph 24 and Exhibit C. Except for any damage resulting from any negligent or wanton or negligent act of Landlord or its employees and agents, and subject to the provisions of Section 15 hereof. Paragraph 16, Tenant shall, shall at its own expense, expense keep the Premises in good repair and tenantable condition and shall promptly and adequately repair all damage to the Premises caused by Tenant or any of its employees, agentscontractors, agents or invitees, including replacing or repairing all damaged or broken glass, fixtures, and appurtenances resulting from any such damage, under the supervision and with the approval of Landlord and within any reasonable period of time specified by landlord. Tenant's obligation to maintain and repair the Premises as described above, shall include but is not limited to, all electrical, plumbing and mechanical systems serving the Premises from the point said systems connect to the base building systems on each floor. If Tenant does not do so promptly and adequately, Landlord may, but need not, make such repairs and replacements and Tenant shall pay Landlord the cost thereof on demandLandlord. Tenant shall take special care to shall, at its expense: (i) keep all areas the entry doors and the interior of the Premises which are visible in same condition and repair as on the Commencement Date ordinary wear, loss or damage by or accessible to the public, such as elevator lobbies and corridors, in good order and appearance consistent with the high standards and quality other insured of a first-class office building. Landlord shall keep, repair and maintain the following existing items in and about the Building in good order and repair at not less than the same general standards now or hereafter applicable to first-class non-institutional office buildings in the north suburban Chicago area and in conformity with all applicable laws, regulations, rules and ordinances: the structure, foundation, roof and exterior of the Building, the base Building, heating, air conditioning, ventilating, plumbing, electrical and related systems, ail supporting equipment and fixtures and the base Building stairways, elevators and other common areas. Landlord shall repair all damage to the common areas of the Building and, to the extent caused by the negligence, or intentional misconduct of Landlord, its agents or employees or Landlord's breach of this Lease, damage to the Premises caused by water, snow, frost, steam, excessive heat or cold, sewerage, gas, noise or the bursting or leaking of pipes. Any additional items installed in the Building or Premises by Landlord or Tenant after the date of this Lease shall be maintained by the party who purchases or installs such item. If any repairs are made necessary as a result of the act, neglect, fault of or omission of any duty by Tenant, its agents, servants, employees or invitees, Tenant shall pay to Landlord, as additional rent, the actual cost of such repairs. (c) Whenever, in Landlord's opinion, Tenant's use or occupation of the Premises, including lighting, personnel, heat generating machines, or equipment, individually or cumulatively, causes the design loads for the system providing heat and air-cooling to be exceeded, to affect the temperature or humidity otherwise maintained by the heating, ventilating, and air conditioning system in the Premises or Building, Landlord may, but shall not be obligated to, temper such excess loads by installing supplementary heating or air-conditioning units in the Premises or elsewhere where necessary. In such event, the cost of such units and the expense of installation, including, without limitation, the cost of preparing working drawings and specifications, shall be paid by Tenant as additional rent within thirty (30) days after receipt of invoice therefor. Alternatively, Landlord may require Tenant to install such supplementary heating or air-conditioning unit at Tenant's sole expense. Landlord may operate and maintain any such supplementary units, but shall have. no continuing obligation to do so or liability in connection therewith. The expense resulting from the operation and maintenance of any such supplementary heating or air conditioning units, including rent for space occupied by any supplementary heating or air conditioning units installed outside the Premises, shall be paid by Tenant to Landlord as additional rent at rates fixed by Landlord. Alternatively, Landlord may require Tenant to operate and maintain any such supplementary units, also at Tenant's sole expense.casualty

Appears in 2 contracts

Samples: Office Lease (U S Realtel Inc), Office Lease (U S Realtel Inc)

Condition and Care of Premises. (a) Prior to taking possession of the Premises the Tenant shall have the opportunity to inspect and measure same upon reasonable notice to Landlord. Tenant's taking possession of the Premises or any portion thereof shall be conclusive evidence against Tenant, and upon said taking of possession Tenant shall execute an agreement with Landlord stating that the portion of the Premises were taken possession of was then in good order and satisfactory condition, except for any so-called "punchlist" items detailed condition and that the Rentable Area as stated in said agreement and latent defects attendant to Landlord's Work under any Workletter attached hereto and made a part hereof, and upon completion of any punchlist items, Tenant shall also execute a supplement to said agreement accepting completion of the punchlist itemsExhibit B is ACCEPTABLE. No promises of the Landlord to alter, remodel, improve, repair, decorate, or decorate or clean the Premises or any part thereof have been made, and no representation respecting the condition of the Premises, the Building, Building or the Land, Land has been made to Tenant by or on behalf of Landlord Landlord, except to the extent expressly set forth hereinherein or in any Work Letter attached to this Lease. (b) Tenant shall notify Landlord of any material damage to the Premises, regardless of the cause of damage. Except for any damage resulting from any wanton or negligent act of Landlord, or its respective employees or agents, and subject to the provisions of Section 16 hereof, Tenant shall at its own expense keep the Premises in good repair and tenantable condition. If Tenant does not make repairs promptly and adequately when required to do so, Landlord may, but need not, UPON FIVE DAYS NOTICE, make such repairs and replacements and Tenant shall pay Landlord as Additional Rent, on written demand within 30 days, the aforesaid Workletter. cost thereof, and in addition, Tenant shall pay to Landlord as Additional Rent on TEN DAYS NOTICE, an amount equal to 20% of such cost as an overhead and supervision fee. (c) This Lease does not grant any rights to light or air over or about the real property of Landlord. (b) Except for . Landlord specifically excepts and reserves to itself the use of any damage resulting from any wanton or negligent act roofs, the exterior portions of Landlord or its employees the Premises, all rights to and agentsthe land and improvements below the improved floor level of the Premises, and subject to the provisions of Section 15 hereof. Tenant shall, at its own expense, keep improvements and air rights above the Premises in good repair and condition and shall promptly and adequately repair all damage to the improvements and air rights located outside the demising walls of the Premises caused by Tenant or and to such areas within the Premises required for installation of utility lines and other installations required to serve any occupants of its employees, agents, or invitees, including replacing or repairing all damaged or broken glass, fixtures, the Building and appurtenances resulting from any such damage, under the supervision and with the approval of Landlord and within any reasonable period of time specified by landlord. Tenant's obligation to maintain and repair the Premises as described abovesame, shall include but is not limited to, all electrical, plumbing and mechanical systems serving the Premises from the point said systems connect to the base building systems on each floor. If Tenant does not do so promptly and adequately, Landlord may, but need not, make such repairs and replacements and Tenant shall pay Landlord the cost thereof on demand. Tenant shall take special care to keep all areas of the Premises which no rights with respect thereto are visible by or accessible to the public, such as elevator lobbies and corridors, in good order and appearance consistent with the high standards and quality of a first-class office building. Landlord shall keep, repair and maintain the following existing items in and about the Building in good order and repair at not less than the same general standards now or hereafter applicable to first-class non-institutional office buildings in the north suburban Chicago area and in conformity with all applicable laws, regulations, rules and ordinances: the structure, foundation, roof and exterior of the Building, the base Building, heating, air conditioning, ventilating, plumbing, electrical and related systems, ail supporting equipment and fixtures and the base Building stairways, elevators and other common areas. Landlord shall repair all damage to the common areas of the Building and, to the extent caused by the negligence, or intentional misconduct of Landlord, its agents or employees or Landlord's breach of this Lease, damage to the Premises caused by water, snow, frost, steam, excessive heat or cold, sewerage, gas, noise or the bursting or leaking of pipes. Any additional items installed in the Building or Premises by Landlord or Tenant after the date of this Lease shall be maintained by the party who purchases or installs such item. If any repairs are made necessary as a result of the act, neglect, fault of or omission of any duty by conferred upon Tenant, its agents, servants, employees or invitees, Tenant shall pay to Landlord, as additional rent, the actual cost of such repairsunless otherwise specifically provided herein. (cd) LANDLORD REPRESENTS AND WARRANTS THAT THE CURRENT HVAC SYSTEM SUPPORTS REGULAR OFFICE USE AND REQUIREMENTS. THIS SUBPARAGRAPH SHALL ONLY APPLY IN THE EVENT THAT TENANT INSTALLS OR OTHERWISE USES MACHINES OR EQUIPMENT WHICH REQUIRE ELECTRICITY THAT MATERIALLY EXCEEDS THE NORMAL REQUIREMENTS OF A STANDARD OFFICE HVAC SYSTEM. Whenever, in LandlordLandlord and Tenant's opinionreasonable judgment, Tenant's use or occupation of the Premises, including lighting, personnel, heat generating machines, machines or equipment, individually or cumulatively, causes the design loads for the system providing heat and air-cooling to be exceeded, or to affect adversely the temperature or humidity otherwise maintained by the heating, ventilating, ventilating and air air-conditioning system in the Premises or Building, Landlord may, but shall not be obligated to, temper such excess loads by installing supplementary heating or air-conditioning units in the Premises or elsewhere where necessary. In such event, the cost of such units and the expense of installation, including, without limitation, the cost of preparing working drawings and specifications, plus 20% of such cost as an overhead and supervision fee, shall be paid by Tenant as additional rent within thirty ten (3010) business days after receipt of invoice Landlord's demand therefor. Alternatively, Landlord may require Tenant to install such supplementary heating or air-conditioning unit at Tenant's sole expense. Landlord may operate and maintain any such supplementary heating or air-conditioning units, but shall have. have no continuing obligation to do so or liability in connection therewiththere with. The expense resulting from the operation and maintenance of any such supplementary heating or air air-conditioning units, including rent for space occupied by any supplementary heating or air air-conditioning units units, installed outside the Premises, shall be paid by Tenant to Landlord as additional rent at rates fixed by Landlord. Alternatively, Landlord may require Tenant to operate and maintain any such supplementary units, also at Tenant's sole expense. Notwithstanding the above, Landlord warrants that the HVAC is adequate to handle up to seventy employees working on personal computers. (e) If sprinkler heads or any part of the sprinkler system shall be damaged or is not in proper working order by reason of any act or omission of Tenant, Tenant's agents, servants, employees, licensees, or visitors, Tenant shall forthwith restore the same to good working condition at its own expense. Landlord represents and warrants to Tenant that the sprinkler heads and the sprinkler system are, and shall be as of the Effective Date, in good working order and in accordance with all applicable laws.

Appears in 1 contract

Samples: Office Lease (Participate Com Inc)

Condition and Care of Premises. (a) Tenant's taking possession of the Premises shall be conclusive evidence against Tenant, and upon said taking of possession Tenant shall execute an agreement with Landlord stating that the Premises were then in good order and satisfactory condition, except . Except for any so-called "punchlist" items detailed in said agreement and latent defects attendant to Landlord's Work under any Workletter attached hereto and made a part hereofagreement to clean the carpeting in the Premises, and upon completion of any punchlist items, Tenant shall also execute a supplement to said agreement accepting completion of the punchlist items. No no promises of the Landlord to alter, remodel, improve, repair, decorate, or clean the Premises or any part thereof have been made, and no representation respecting the condition of the Premises, the Building, or the Land, has been made to Tenant by or on behalf of Landlord except to the extent expressly set forth herein. TENANT ACKNOWLEDGES THAT IT IS LEASING THE PREMISES IN ITS PRESENT AS-IS CONDITION; PROVIDED, or in the aforesaid WorkletterHOWEVER, LANDLORD AGREES TO CLEAN THE CARPETING PRIOR TO THE COMMENCEMENT DATE, AT LANDLORD'S SOLE COST AND EXPENSE, AND ON A WEEKEND MUTUALLY CONVENIENT TO THE PARTIES. This Lease does not grant any rights to light or air over or about the property of Landlord. (b) Except for any damage resulting from any wanton or negligent act of Landlord or its employees and agents, and subject to the provisions of Section 15 hereof. , Tenant shall, at its own expense, keep the Premises in good repair and condition and shall promptly and adequately repair all damage to the Premises caused by Tenant or any of its employees, agents, or invitees, including replacing or repairing all damaged or broken glass, fixtures, and appurtenances resulting from any such damage, under the supervision and with the approval of Landlord and within any reasonable period of time specified by landlordLandlord. Tenant's obligation to maintain and repair the Premises as described abovePremises, shall include but is not limited to, all electrical, plumbing and mechanical systems serving the Premises from the point said systems connect to the base building systems on each floor. If Tenant does not do so promptly and adequately, Landlord may, but need not, make such repairs and replacements and Tenant shall pay Landlord the cost thereof on demand. Tenant shall take special care to keep all areas of the Premises which are visible by or accessible to the public, such as elevator lobbies and corridors, in good order and appearance consistent with the high standards and quality of a first-class office building. Landlord shall keep, repair and maintain the following existing items in and about the Building in good order and repair at not less than the same general standards now or hereafter applicable to first-class non-institutional office buildings in the north suburban Chicago area and in conformity with all applicable laws, regulations, rules and ordinances: the structure, foundation, roof and exterior of the Building, the base Building, heating, air conditioning, ventilating, plumbing, electrical and related systems, ail supporting equipment and fixtures and the base Building stairways, elevators and other common areas. Landlord shall repair all damage to the common areas of the Building and, to the extent caused by the negligence, or intentional misconduct of Landlord, its agents or employees or Landlord's breach of this Lease, damage to the Premises caused by water, snow, frost, steam, excessive heat or cold, sewerage, gas, noise or the bursting or leaking of pipes. Any additional items installed in the Building or Premises by Landlord or Tenant after the date of this Lease shall be maintained by the party who purchases or installs such item. If any repairs are made necessary as a result of the act, neglect, fault of or omission of any duty by Tenant, its agents, servants, employees or invitees, Tenant shall pay to Landlord, as additional rent, the actual cost of such repairs. (c) Whenever, in Landlord's reasonable opinion, Tenant's use or occupation of the Premises, including lighting, personnel, heat generating machines, or equipment, individually or cumulatively, causes the design loads for the system providing heat and air-cooling to be exceeded, to affect the temperature or humidity otherwise maintained by the heating, ventilating, and air conditioning system in the Premises or Building, Landlord may, but shall not be obligated to, temper such excess loads by installing supplementary heating or air-conditioning units in the Premises or elsewhere where necessary. In such event, the cost of such units and the expense of installation, including, without limitation, the cost of preparing working drawings and specifications, shall be paid by Tenant as additional rent within thirty ten (3010) days after receipt of invoice Landlord's demand therefor. Alternatively, Landlord may require Tenant to install such supplementary heating or air-conditioning unit at Tenant's sole expense. Landlord may operate and maintain any such supplementary units, but shall have. have no continuing obligation to do so or liability in connection therewith. The expense resulting from the operation and maintenance of any such supplementary heating or air conditioning units, including rent for space occupied by any supplementary heating or air conditioning units installed outside the Premises, shall be paid by Tenant to Landlord as additional rent at rates fixed by Landlord. Alternatively, Landlord may require Tenant to operate and maintain any such supplementary units, also at Tenant's sole expense.

Appears in 1 contract

Samples: Office Lease (Biosante Pharmaceuticals Inc)

Condition and Care of Premises. (a) Tenant's taking possession of the Premises or any portion thereof shall be conclusive evidence against Tenant, and upon said taking of possession Tenant shall execute an agreement with Landlord stating that the portion of the Premises were taken possession of was then in good order and satisfactory condition, except for any so-called . Tenant agrees to accept the Premises "punchlistas is," items detailed in said agreement and latent defects attendant to Landlord's Work under any Workletter attached hereto and made a part hereof, and upon completion of any punchlist items, Tenant shall also execute a supplement to said agreement accepting completion of the punchlist items. No no promises of the Landlord to alter, remodel, improve, repair, decorate, decorate or clean the Premises or any part thereof have been made, and no representation respecting the condition of the Premises, the Building, or the Land, has been made to Tenant by or on behalf of Landlord except to the extent expressly set forth herein, herein or in the aforesaid Workletter, if any. This Lease does not grant any rights to light or air over or about the property of Landlord. (b) Except for any damage resulting from any wanton or negligent act of Landlord or its employees and agents, and subject Subject to the provisions of Section Article 15 hereof. Tenant shall, Tenant, at its own expense, shall keep the Premises in good repair and tenantable condition and shall promptly and adequately repair all damage to the Premises caused by Tenant or any of its employees, contractors, agents, invitees or inviteeslicensees, including replacing or repairing all damaged or broken glass, fixtures, fixtures and appurtenances resulting from any such damage, under the supervision and with the approval of Landlord and within any reasonable period of time specified by landlord. Tenant's obligation to maintain and repair the Premises as described above, shall include but is not limited to, all electrical, plumbing and mechanical systems serving the Premises from the point said systems connect to the base building systems on each floorLandlord. If Tenant does not do so promptly and adequately, Landlord may, but need not, make such repairs and replacements and Tenant shall pay Landlord the cost thereof on demand. Tenant shall take special care to keep all areas of the Premises which are visible by or accessible to the public, such as elevator lobbies and corridors, in good order and appearance consistent with the high standards and quality of a first-class office building. Landlord shall keep, repair and maintain the following existing items in and about the Building in good order and repair at not less than the same general standards now or hereafter applicable to first-class non-institutional office buildings in the north suburban Chicago area and in conformity with all applicable laws, regulations, rules and ordinances: the structure, foundation, roof and exterior of the Building, the base Building, heating, air conditioning, ventilating, plumbing, electrical and related systems, ail supporting equipment and fixtures and the base Building stairways, elevators and other common areas. Landlord shall repair all damage to the common areas of the Building and, Except to the extent caused by the negligence, or intentional misconduct of Landlord, its agents or employees or Landlord's breach of this Lease, damage expressly provided to the Premises caused by water, snow, frost, steam, excessive heat or cold, sewerage, gas, noise or the bursting or leaking of pipes. Any additional items installed in the Building or Premises by Landlord or Tenant after the date of this Lease shall be maintained by the party who purchases or installs such item. If any repairs are made necessary as a result of the act, neglect, fault of or omission of any duty by Tenant, its agents, servants, employees or inviteescontrary herein, Tenant shall pay be solely responsible for all repairs and alterations pertaining to Landlord, as additional rent, the actual cost of such repairs. (c) Whenever, in Landlord's opinion, Tenant's use or occupation of the Premises, including lightingthose required by any governmental entity or court of law. Tenant hereby waives the provisions of California Civil Code Sections 1932(1), personnel, heat generating machines, or equipment, individually or cumulatively, causes the design loads for the system providing heat 1941 and air-cooling to be exceeded, to affect the temperature or humidity otherwise maintained by the heating, ventilating, 1942 and air conditioning system in the Premises or Building, Landlord may, but shall not be obligated to, temper such excess loads by installing supplementary heating or air-conditioning units in the Premises or elsewhere where necessary. In such event, the cost of such units and the expense of installation, including, without limitation, the cost of preparing working drawings and specifications, shall be paid by Tenant as additional rent within thirty (30) days after receipt of invoice therefor. Alternatively, Landlord may require Tenant to install such supplementary heating or air-conditioning unit at Tenant's sole expense. Landlord may operate and maintain any such supplementary units, but shall have. no continuing obligation to do so or liability in connection therewith. The expense resulting from the operation and maintenance of any such supplementary heating similar law, statute or air conditioning units, including rent for space occupied by any supplementary heating ordinance now or air conditioning units installed outside the Premises, shall be paid by Tenant to Landlord as additional rent at rates fixed by Landlord. Alternatively, Landlord may require Tenant to operate and maintain any such supplementary units, also at Tenant's sole expensehereafter in effect.

Appears in 1 contract

Samples: Office Lease (AtheroNova Inc.)

Condition and Care of Premises. Landlord's and Tenant's Maintenance Obligations and Landlord's Refurbishment. (a) Tenant's taking possession of Except to the Premises shall be conclusive evidence against Tenantextent set forth in the Lease, and upon said taking of possession Tenant shall execute an agreement with Landlord stating that the Premises were then in good order and satisfactory condition, except for any so-called "punchlist" items detailed in said agreement and latent defects attendant to Landlord's Work under any Workletter attached hereto and has made a part hereof, and upon completion of any punchlist items, Tenant shall also execute a supplement to said agreement accepting completion of the punchlist items. No no promises of the Landlord to alter, remodel, improve, repair, decorate, decorate or clean the Premises or any part thereof have been made, and no representation respecting the condition of the Premises, the Building, Building or the Land, Land has been made to Tenant by or on behalf of Landlord Landlord, except to the extent expressly set forth herein, or in the aforesaid Workletter. This Lease does not grant any rights to light or air over or about the property of Landlord. (b) Tenant shall notify Landlord of any damage to the Premises, regardless of the cause of damage. Except for any damage resulting from any wanton or negligent act of Landlord Landlord, or its employees and agents, or agents and subject to the provisions of Section 15 16 hereof. , Tenant shall, shall at its own expense, expense keep the Premises in good repair and tenantable condition and and, except if Landlord elects to make such repairs at Tenant's expense as hereinafter provided, shall promptly and adequately repair all damage to the Premises caused by Tenant or any of its employees, agents, licensees, invitees or inviteescontractors, including replacing or repairing all damaged or broken glass, fixtures, fixtures and appurtenances resulting from any such damage, under the supervision and with the approval of Landlord and within any reasonable period of time specified by landlordLandlord. Landlord may, but shall have no obligation to, elect to make any or all repairs on Tenant's obligation behalf at Tenant's sole cost or, upon Tenant's request, perform any such repairs at Tenant's sole cost. In either case, Tenant shall pay the cost thereof, and in addition, Tenant shall pay to maintain Landlord an amount equal to seven percent (7%) of such cost as an overhead and repair the Premises as described above, shall include but is not limited to, all electrical, plumbing and mechanical systems serving the Premises from the point said systems connect to the base building systems on each floorsupervision fee. If Tenant does not do so make repairs promptly and adequatelyadequately when required to do so, Landlord may, but need not, make such repairs and replacements and Tenant shall pay Landlord Landlord, on written demand, the cost thereof on demand. thereof, and, in addition, Tenant shall take special care pay to keep Landlord on written demand, an amount equal to seven percent (7%) of such cost as an overhead and supervision fee and interest at the rate specified in Section 27(h) from the date of such demand. (c) This Lease does not grant any rights to light or air over or about the real property of Landlord. Except as otherwise provided in this Lease, Landlord specifically excepts and reserves to itself the use of any roofs, the exterior portions of the Premises, all areas rights to and the land and improvements below the improved floor level of the Premises, to the improvements and air rights above the Premises and to the improvements and air rights located outside the demising walls of the Premises which and to such areas within the Premises required for installation of utility lines and other installations required to serve any occupants of the Building and to maintain and repair same, and no rights with respect thereto are visible by or accessible to the publicconferred upon Tenant, such as elevator lobbies and corridors, in good order and appearance consistent with the high standards and quality of a first-class office building. unless otherwise specifically provided herein. (d) Landlord shall keep, repair and maintain the following existing items in and about the Building in good order and repair at not less than the same general standards now or hereafter applicable to first-class non-institutional office buildings in following portions of the north suburban Chicago area and in conformity with all applicable laws, regulations, rules and ordinancesProject during the Term: the structure, foundation, roof and roof membrane of the Building, the structural supports and load-bearing walls of the Building, the foundation and floor slab of the Building, all utilities lines, mains and conduits to their point of entry into the Premises, the exterior of the Building, the base common or public areas in the Building, heatingthe Landlords's property and grounds (including landscaping) about the Building, the chiller unit(s) and air conditioning, ventilating, plumbing, electrical and related systems, ail supporting equipment and fixtures handler(s) serving the Premises and the base Building stairwayspublic areas in the Building, elevators and other common areas. Landlord shall repair all Tenant's Parking Area, excepting any damage to the common areas of the Building and, to the extent any such components caused by the negligence, or intentional misconduct of Landlord, its agents or employees or Landlord's breach of this Lease, damage to the Premises caused by water, snow, frost, steam, excessive heat or cold, sewerage, gas, noise or the bursting or leaking of pipes. Any additional items installed in the Building or Premises by Landlord or Tenant after the date of this Lease shall be maintained by the party who purchases or installs such item. If any repairs are made necessary as a result of the act, neglect, fault of act or omission of Tenant or any duty by Tenantsubtenant or their respective employees, its agents, servantslicensees, employees contractors or invitees, Tenant in which event such damage shall pay to Landlord, as additional rent, the actual cost of such repairs. (c) Whenever, in Landlord's opinion, Tenant's use or occupation of the Premises, including lighting, personnel, heat generating machines, or equipment, individually or cumulatively, causes the design loads for the system providing heat and air-cooling to be exceeded, to affect the temperature or humidity otherwise maintained by the heating, ventilating, and air conditioning system in the Premises or Building, Landlord may, but shall not be obligated to, temper such excess loads by installing supplementary heating or air-conditioning units in the Premises or elsewhere where necessary. In such event, the cost of such units and promptly repaired at the expense of installation, including, without limitation, the cost of preparing working drawings and specifications, shall be paid by Tenant as additional rent within thirty (30) days after receipt of invoice therefor. Alternatively, Landlord may require Tenant to install such supplementary heating or air-conditioning unit at Tenant's sole expense. Landlord may operate and maintain any such supplementary units, but shall have. no continuing obligation to do so or liability in connection therewith. The expense resulting from the operation and maintenance of any such supplementary heating or air conditioning units, including rent for space occupied by any supplementary heating or air conditioning units installed outside the Premises, shall be paid by Tenant to Landlord as additional rent at rates fixed by Landlord. Alternatively, Landlord may require Tenant to operate and maintain any such supplementary units, also at Tenant's sole expense.

Appears in 1 contract

Samples: Office Lease (Excal Enterprises Inc)

Condition and Care of Premises. (a) Tenant's taking possession of the Premises shall be conclusive evidence against TenantExcept as otherwise set forth herein, and upon said taking of possession Tenant shall execute an agreement with Landlord stating that the Premises were then in good order and satisfactory condition, except for any so-called "punchlist" items detailed in said agreement and latent defects attendant to Landlord's Work under any Workletter attached hereto and made a part hereof, and upon completion of any punchlist items, Tenant shall also execute a supplement to said agreement accepting completion of the punchlist items. No (i) no promises of the Landlord to alter, remodel, improve, repair, decorate, or clean the Premises or any part thereof have been made, and (ii) no representation respecting the condition of the Premises, the Building, or the Land, has been made to Tenant by or on behalf of Landlord (except to the extent expressly otherwise set forth herein, herein or in the aforesaid Workletter); provided, however, Landlord agrees it will maintain and repair the Building to the extent such repairs are required and shall maintain, repair or replace, in a manner consistent with first-class office buildings in downtown Chicago, any fixtures, appurtenances or equipment necessary or proper to maintain the Building and the Building Systems, Tenant’s Fixtures, common areas (including, without limitation, the Building Plaza) and appurtenances, Land, structural components of the Building, elevator lobbies and bathrooms on each floor of the Premises (consistent with elevator lobbies and bathrooms on multi-tenant floors) and Building facade, regardless of whether or not such items are located within the Premises, provided that Landlord shall not be responsible for defects arising from or repairs and replacements necessitated by work contracted for directly by Tenant or designated by Tenant’s architect. Landlord shall promptly make any repairs or replacements necessary to satisfy Landlord’s obligations under this Section 8. Furthermore, Landlord shall maintain the Building Plaza, the facade and the Retail Space in a manner consistent with other first-class office buildings in downtown Chicago. This Lease does not grant any rights to light or air over or about the property of Landlord, provided, however, that, so long as Tenant satisfies the Tenant Leasing Requirement. Landlord shall not construct on the Land any new structure or improvement which is higher in elevation than the second floor of the Building. (b) Except for any damage to the Premises resulting from any wanton or negligent act of Landlord or its employees and agents, and subject to the provisions of Section 15 hereof. , to the extent not required of Landlord under Section 8(a) above, Tenant shall, at its own expense, keep the Premises in good repair and condition condition, subject to reasonable wear and tear, and shall promptly and adequately repair all damage to the Premises caused by Tenant or any of its employees, agents, or invitees, including replacing or repairing all damaged or broken glassglass (except for exterior windows), fixtures, and appurtenances resulting from any such damage, under the supervision and with the approval of Landlord and within any reasonable period of time specified by landlord. Tenant's obligation to maintain and repair the Premises as described above, shall include but is not limited to, all electrical, plumbing and mechanical systems serving the Premises from the point said systems connect to the base building systems on each floorLandlord. If Tenant does not do so reasonably promptly and adequatelyadequately comply with the terms of this Section 8(b), Landlord may, but need not, after twenty (20)-days prior written notice to Tenant make such repairs and replacements and Tenant shall pay Landlord the Landlord’s Actual Cost. Landlord, however, will make any repairs and replacements, at Tenant’s sole cost thereof on demandand expense at Landlord’s Actual Cost, if Tenant so requests. Tenant shall take special care to keep all areas of the Premises which are visible by or accessible to the public, such as elevator lobbies and corridors, in good order and appearance consistent with the high standards and quality of a first-class office building. Landlord Nothing in this Section 8 shall keep, repair and maintain increase any of Tenant’s obligations with respect to the following existing items return of the Premises as set forth in and about the Building in good order and repair at not less than the same general standards now or hereafter applicable to firstSection 9. Upon twenty-class non-institutional office buildings four (24) hours prior written notice (except in the north suburban Chicago area and in conformity with all applicable lawscase of an emergency, regulations, rules and ordinances: the structure, foundation, roof and exterior of the Building, the base Building, heating, air conditioning, ventilating, plumbing, electrical and related systems, ail supporting equipment and fixtures and the base Building stairways, elevators and other common areas. Landlord shall repair all damage to the common areas of the Building and, to the extent caused by the negligence, or intentional misconduct of Landlord, its agents or employees or Landlord's breach of this Lease, damage to the Premises caused by water, snow, frost, steam, excessive heat or cold, sewerage, gas, noise or the bursting or leaking of pipes. Any additional items installed in the Building or Premises by Landlord or Tenant after the date of this Lease when no prior notice shall be maintained by the party who purchases or installs such item. If any repairs are made necessary as a result of the act, neglect, fault of or omission of any duty by required) to Tenant, its agents, servants, employees or invitees, Tenant shall pay to Landlord, as additional rent, the actual cost of such repairs. (c) Whenever, in Landlord's opinion, Tenant's use or occupation of the Premises, including lighting, personnel, heat generating machines, or equipment, individually or cumulatively, causes the design loads for the system providing heat and air-cooling to be exceeded, to affect the temperature or humidity otherwise maintained by the heating, ventilating, and air conditioning system in the Premises or Building, Landlord may, but shall not be obligated required to, temper enter the Premises (other than any Tenant Secure Area) at all reasonable times to make such excess loads by installing supplementary heating necessary repairs, alterations, improvements and additions, including ducts and all other facilities for air conditioning service as Landlord shall reasonably deem necessary, to the premises or air-conditioning units to the Building or to any equipment located in the Premises Building or elsewhere where necessary. In such event, the cost of such units and the expense of installation, including, without limitation, the cost of preparing working drawings and specifications, shall be paid by Tenant as additional rent within thirty (30) days after receipt of invoice therefor. Alternatively, Landlord may require Tenant be required to install such supplementary heating do by the City of Chicago or air-conditioning unit at Tenant's sole expenseby order or decree of any court or by any other governmental authority. Except in the case of an emergency. Landlord may operate and maintain not enter any Tenant Secure Area without Tenant’s prior written approval, which approval may be withheld in Tenant’s sole discretion, and, if such supplementary unitsapproval is granted, but Landlord shall havebe accompanied by a representative of Tenant at all times while in a Tenant’s Secure Area. no continuing obligation to do so or liability If the work described in connection therewith. The expense resulting from this subsection cannot be performed during Business Hours without materially disrupting the operation and maintenance conduct of any such supplementary heating or air conditioning units, including rent for space occupied by any supplementary heating or air conditioning units installed outside Tenant’s business in the affected portion of the Premises, such work shall be paid performed after-hours at no cost to Tenant. If the work can be performed during Business Hours without materially disrupting the conduct of Tenant’s business but Tenant requests that the work be done after-hours, Tenant shall pay the additional costs incurred by Tenant Landlord in performing such after-hours work. Landlord shall be permitted to Landlord as additional rent at rates fixed by Landlord. Alternativelytake onto the Premises and, to the extent reasonably necessary, to store in an area adjacent to the area in which the work is being performed all materials that may be required in connection with the work being performed under this subsection; provided, however, Landlord may require Tenant to operate shall in no event materially interfere with the conduct of Tenant’s business in the Premises. (c) Landlord hereby accepts and maintain any such supplementary units, also at approves the layout of the Premises and the location and configuration of the Tenant's sole expense’s Property as it exists on the Commencement Date.

Appears in 1 contract

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

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Condition and Care of Premises. (a) Tenant's ’s taking possession of the Premises shall be conclusive evidence against Tenant, and upon said taking of possession Tenant shall execute an agreement with Landlord stating that the Premises were then in good order and satisfactory condition, except for any so-called "punchlist" items detailed in said agreement and latent defects attendant to Landlord's Work under any Workletter attached hereto and made a part hereof, and upon completion of any punchlist items, Tenant shall also execute a supplement to said agreement accepting completion of the punchlist items. No promises of the Landlord to alter, remodel, improve, repair, decorate, decorate or clean the Premises or any part thereof have been made, and no representation representations respecting the condition of the Premises, the Building, Building or the Land, has been made to Tenant by or on behalf of Landlord except to the extent expressly set forth herein, or in the aforesaid Workletter. This Lease lease does not grant any rights to light or air over or about the property of Landlord. (b) Except for any damage resulting from any wanton or negligent act of Landlord or its employees and agents, and subject to the provisions of Section 15 hereof. , Tenant shall, shall at its own expense, expense keep the Premises in good repair and condition and shall promptly and adequately repair all damage to the Premises caused by Tenant or any of its employees, agents, agents or invitees, including replacing or repairing all damaged or broken glass, fixtures, fixtures and appurtenances resulting from any such damage, under the supervision and with the approval of Landlord and within any reasonable period of time specified by landlord. Tenant's obligation to maintain and repair the Premises as described above, shall include but is not limited to, all electrical, plumbing and mechanical systems serving the Premises from the point said systems connect to the base building systems on each floorLandlord. If Tenant does not do so promptly and adequately, Landlord may, but need not, make such repairs and replacements and Tenant shall pay Landlord the cost thereof on demand. Tenant shall take special care to keep all areas of the Premises which are visible by or accessible to the public, such as elevator lobbies and corridors, in good order and appearance consistent with the high standards and quality of a first-class office building. Landlord shall keep, repair and maintain the following existing items in and about the Building in good order and repair at not less than the same general standards now or hereafter applicable to first-class non-institutional office buildings in the north suburban Chicago area and in conformity with all applicable laws, regulations, rules and ordinances: the structure, foundation, roof and exterior of the Building, the base Building, heating, air conditioning, ventilating, plumbing, electrical and related systems, ail supporting equipment and fixtures and the base Building stairways, elevators and other common areas. Landlord shall repair all damage to the common areas of the Building and, to the extent caused by the negligence, or intentional misconduct of Landlord, its agents or employees or Landlord's breach of this Lease, damage to the Premises caused by water, snow, frost, steam, excessive heat or cold, sewerage, gas, noise or the bursting or leaking of pipes. Any additional items installed in the Building or Premises by Landlord or Tenant after the date of this Lease shall be maintained by the party who purchases or installs such item. If any repairs are made necessary as a result of the act, neglect, fault of or omission of any duty by Tenant, its agents, servants, employees or invitees, Tenant shall pay to Landlord, as additional rent, the actual cost of such repairs. (c) Whenever, in Landlord's opinion’s opm10n, Tenant's ’s use or occupation of the Premises, including lighting, personnel, heat generating machines, machines or equipment, individually or cumulatively, causes the design loads for the system providing heat and air-cooling to be exceeded, to affect the temperature or humidity otherwise maintained by the heating, ventilating, ventilating and air conditioning system in the Premises or Building, Landlord may, but shall not be obligated to, temper such excess loads by installing supplementary heating or air-conditioning units in the Premises or elsewhere where necessary. In such event, the cost of such units and the expense of installation, including, without limitation, the cost of preparing working drawings and specifications, shall be paid by Tenant as additional rent within thirty ten (3010) days after receipt of invoice Landlord’s demand therefor. Alternatively, Landlord may require Tenant to install such supplementary heating or air-conditioning unit at Tenant's ’s sole expense. Landlord may operate and maintain any such supplementary units, but shall have. have no continuing obligation to do so or liability in connection therewith. The expense resulting from the operation and maintenance of any such supplementary heating or air air-conditioning units, including rent for space occupied by any supplementary heating or air conditioning units installed outside the Premises, shall be paid by Tenant to Landlord as additional rent at rates fixed by Landlord. Alternatively, Landlord may require Tenant to operate and maintain any such supplementary units, also at Tenant's ’s sole expense.

Appears in 1 contract

Samples: Lease (Calamos Asset Management, Inc. /DE/)

Condition and Care of Premises. (a) Subject to the terms of the First Addendum, Tenant's ’s taking possession of the Premises or any portion thereof shall be conclusive evidence against Tenant, and upon said taking of possession Tenant shall execute an agreement with Landlord stating that the portion of the Premises were taken possession of was then in good order and satisfactory condition, except for any so-called "punchlist" items detailed in said agreement and latent defects attendant . Tenant acknowledges that it has had the opportunity to Landlord's Work under any Workletter attached hereto and made a part hereof, and upon completion of any punchlist items, Tenant shall also execute a supplement to said agreement accepting completion inspect the condition of the punchlist itemsPremises prior to execution hereof. No Except as otherwise expressly provided in this Lease, no promises of the Landlord to alter, remodel, improve, repair, decorate, decorate or clean the Premises or any part thereof have been made, and no representation respecting the condition of the Premises, the Building, Building or the Land, has been made to Tenant by or on behalf of Landlord and Tenant accepts the Premises in AS IS condition. Any and all work necessary or desirable to repair, alter or improve the Premises for Tenant’s use and occupancy, shall be performed by Tenant at its sole cost and expense. Tenant agrees that blinds, shades, drapes or other forms of window coverings and treatments shall not be placed in, on or about the outside windows in the Premises, except to the extent that the character, shape, color, material and make thereof is expressly set forth herein, or in approved by the aforesaid WorkletterLandlord. This Lease lease does not grant any rights to light or air over or about the property of Landlord. (b) . Except for any damage resulting from any wanton or negligent act of Landlord or its employees and agents, and subject to the provisions of of’ Section 15 14 hereof. , Tenant shall, shall at its own expense, expense keep the Premises in good repair and condition tenantable condition, including without limitation (to the extent the following exist within or serve only the Premises) the walls, doors, windows, floors, electrical, plumbing, HVAC, mechanical and other systems and components therein, and shall promptly and adequately perform all maintenance, repairs and replacements thereto as and when necessary. Tenant shall enter and maintain throughout the Lease Term an HVAC maintenance contract on terms and with a contractor reasonably satisfactory to Landlord. Provided that Tenant has properly serviced the HVAC units, Landlord shall replace rootfop HVAC units as necessary unless damaged by the act or neglect of Tenant or its contractors. Tenant shall further (i) repair all damage to the Premises caused by Tenant or any of its employees, agents, agents or invitees, including replacing or repairing all damaged or broken glass, fixtures, fixtures and appurtenances resulting from any such damage, and (ii) maintain and, to the extent necessary, alter the Premises in accordance and compliance with all applicable governmental laws and regulations both currently existing and hereinafter enacted, with any such work to the Premises to be performed under the supervision and with the approval of Landlord and within any reasonable period of time specified by landlord. Tenant's obligation to maintain and repair the Premises as described above, shall include but is not limited to, all electrical, plumbing and mechanical systems serving the Premises from the point said systems connect to the base building systems on each floorLandlord. If Tenant does not do so promptly and adequately, Landlord may, but need not, make such repairs and replacements and Tenant shall pay Landlord the cost thereof on demand. Tenant shall take special care to keep all areas of the Premises which are visible by or accessible to the public, such as elevator lobbies and corridors, in good order and appearance consistent with the high standards and quality of a first-class office building. Landlord shall keep, repair and maintain the following existing items in and about the Building in good order and repair at not less than the same general standards now or hereafter applicable to first-class non-institutional office buildings in the north suburban Chicago area and in conformity with all applicable laws, regulations, rules and ordinances: the building structure, foundation, roof and exterior of the Building, the base Building, heating, air conditioning, ventilating, plumbing, electrical and related systems, ail supporting equipment and fixtures and the base Building stairways, elevators parking areas and other common areas. areas as Landlord shall repair all damage deems reasonably necessary from time to the common areas of the Building and, to the extent caused by the negligence, or intentional misconduct of Landlord, its agents or employees or Landlord's breach of this Lease, damage to the Premises caused by water, snow, frost, steam, excessive heat or cold, sewerage, gas, noise or the bursting or leaking of pipes. Any additional items installed in the Building or Premises by Landlord or Tenant after the date of this Lease shall be maintained by the party who purchases or installs such item. If any repairs are made necessary as a result of the act, neglect, fault of or omission of any duty by Tenant, its agents, servants, employees or invitees, Tenant shall pay to Landlord, as additional rent, the actual cost of such repairs. (c) Whenever, in Landlord's opinion, Tenant's use or occupation of the Premises, including lighting, personnel, heat generating machines, or equipment, individually or cumulatively, causes the design loads for the system providing heat and air-cooling to be exceeded, to affect the temperature or humidity otherwise maintained by the heating, ventilating, and air conditioning system in the Premises or Building, Landlord may, but shall not be obligated to, temper such excess loads by installing supplementary heating or air-conditioning units in the Premises or elsewhere where necessary. In such eventtime, the cost of such units and the expense of installation, including, without limitation, the cost of preparing working drawings and specifications, which shall be paid by Tenant as additional rent within thirty (30) days after receipt included in Expenses. As of invoice therefor. Alternativelythe date hereof, Landlord may require Tenant to install such supplementary heating has received no written notice of code violations of the Building or air-conditioning unit at Tenant's sole expense. Landlord may operate and maintain any such supplementary units, but shall have. no continuing obligation to do so or liability in connection therewith. The expense resulting from the operation and maintenance of any such supplementary heating or air conditioning units, including rent for space occupied by any supplementary heating or air conditioning units installed outside the Premises, shall be paid by Tenant to Landlord as additional rent at rates fixed by Landlord. Alternatively, Landlord may require Tenant to operate and maintain any such supplementary units, also at Tenant's sole expensePremises which have not heretofore been corrected.

Appears in 1 contract

Samples: Industrial/Office Building Lease (Haemonetics Corp)

Condition and Care of Premises. (a) Tenant's taking possession of the Premises shall be conclusive evidence against Tenant, and upon said taking of possession Tenant shall execute an agreement with Landlord stating that the Premises were portion of the premises taken possession of was substantially completed and then in good order and satisfactory condition, except for any so-called "punchlist" items detailed in said agreement and latent defects attendant to Landlord's Work under any Workletter attached hereto and made a part hereof, and upon completion of any punchlist items, Tenant shall also execute a supplement to said agreement accepting completion of the punchlist items. No promises of the Landlord to alter, remodel, improve, repair, decorate, decorate or clean the Premises or any part thereof have been made, and no representation respecting the condition of the Premises, the Building, Building or the Land, Common Area has been made to Tenant by or on behalf of Landlord except to the extent expressly set forth herein, or in the aforesaid Workletter. This Lease does not grant any rights to light or air over or about the property of Landlord. (b) Except for any damage directly resulting from any wanton or negligent act the negligence of Landlord or its employees and agentsthe Landlord, and subject to the provisions of Section 15 hereof. Tenant shall, at its own expense, keep the Premises in good repair and tenantable condition and shall promptly and adequately repair all damage to the Premises Premises, whether or not caused by Tenant or any of its employees, agents, agents or invitees, including including, but not limited to, replacing or repairing all damaged damage or broken glass, fixtures, fixtures and appurtenances resulting from any such damage, under the supervision and with the approval of Landlord and within any reasonable period of time specified by landlord. Tenant's obligation to maintain and repair the Premises as described above, shall include but is not limited to, all electrical, plumbing and mechanical systems serving the Premises from the point said systems connect to the base building systems on each floorLandlord. If Tenant does not do so promptly and adequately, Landlord may, but need not, make such repairs and replacements replacements, and Tenant shall pay Landlord the cost thereof on demand. Tenant shall take special care to keep all areas of the Premises which are visible by or accessible to the public, such as elevator lobbies and corridors, in good order and appearance consistent with the high standards and quality of a first-class office building. Landlord shall keep, repair and maintain the following existing items in and about the Building in good order and repair at not less than the same general standards now or hereafter applicable to first-class non-institutional office buildings in the north suburban Chicago area and in conformity with all applicable laws, regulations, rules and ordinances: the structure, foundation, roof and exterior of the Building, the base Building, heating, air conditioning, ventilating, plumbing, electrical and related systems, ail supporting equipment and fixtures and the base Building stairways, elevators and other common areas. Landlord shall repair all damage to the common areas of the Building and, to the extent caused by the negligence, or intentional misconduct of Landlord, its agents or employees or Landlord's breach of this Lease, damage to the Premises caused by water, snow, frost, steam, excessive heat or cold, sewerage, gas, noise or the bursting or leaking of pipes. Any additional items installed in the Building or Premises by Landlord or Tenant after the date of this Lease shall be maintained by the party who purchases or installs such item. If any repairs are made necessary as a result of the act, neglect, fault of or omission of any duty by Tenant, its agents, servants, employees or invitees, Tenant shall pay to Landlord, as additional rent, the actual cost of such repairs. within ten (c) Whenever, in Landlord's opinion, Tenant's use or occupation of the Premises, including lighting, personnel, heat generating machines, or equipment, individually or cumulatively, causes the design loads for the system providing heat and air-cooling to be exceeded, to affect the temperature or humidity otherwise maintained by the heating, ventilating, and air conditioning system in the Premises or Building, Landlord may, but shall not be obligated to, temper such excess loads by installing supplementary heating or air-conditioning units in the Premises or elsewhere where necessary. In such event, the cost of such units and the expense of installation, including, without limitation, the cost of preparing working drawings and specifications, shall be paid by Tenant as additional rent within thirty (3010) days after receipt demand for payment. Interest on any unpaid amount shall accrue at 18% per annum. 8 Tenant shall, at his own expense, keep the premises in good repair and tenable condition and shall promptly and adequately repair all damages to the premises, whether or not caused by Tenant or any of invoice thereforits employees, agent or invitees or any other causes. AlternativelySuch repairs include, Landlord may require Tenant but are not limited to install such supplementary heating glass entry doors, locks, windows, sliding glass windows, automatic closures and water heaters, replacing or, repairing all damages caused by use or air-conditioning unit at Tenant's sole expense. Landlord may operate otherwise or glass, fixtures, and maintain appurtenances resulting from any such supplementary units, but shall havedamages. no continuing obligation to do so or liability in connection therewith. The expense resulting from the operation and maintenance of any such supplementary heating or air conditioning units, including rent for space occupied by any supplementary heating or air conditioning units installed outside the Premises, All work shall be paid by Tenant to under the supervision and with approval of Landlord as additional rent at rates fixed and within any reasonable period of time specified by Landlord. AlternativelySaid maintenance and repairs shall include all exterior doors, Landlord may require Tenant to operate refrigerator and maintain any such supplementary units, also at Tenant's sole expensefire extinguishers and all other equipment contained within the premises.

Appears in 1 contract

Samples: Lease Agreement (International Energy Consultants Inc)

Condition and Care of Premises. (a) Tenant's taking possession of the Premises shall be conclusive evidence against Tenant, and upon said taking of possession Tenant shall execute an agreement with Landlord stating that the Premises were then in good order and satisfactory condition, except for any so-called "punchlist" items detailed in said agreement and latent defects attendant to Landlord's Work under any Workletter attached hereto and made a part hereof, and upon completion of any punchlist items, Tenant shall also execute a supplement to said agreement accepting completion of the punchlist items. No promises of the Landlord to alter, remodel, improve, repair, decorate, or clean the Premises or any part thereof have been made, and no representation respecting the condition of the Premises, the Building, or the Land, has been made to Tenant by or on behalf of Landlord except to the extent expressly set forth herein, or in the aforesaid Workletter. This Lease does not grant any rights to light or air over or about the property of Landlord. (b) Except for any damage resulting from any wanton or negligent act of Landlord or its employees and agents, and subject to the provisions of Section 15 hereof. , Tenant shall, at its own expense, keep the Premises in good repair and condition and shall promptly and adequately repair all damage to the Premises caused by Tenant or any of its employees, agents, or invitees, including replacing or repairing all damaged or broken glass, fixtures, and appurtenances resulting from any such damage, under the supervision and with the approval of Landlord and within any reasonable period of time specified by landlordLandlord. Tenant's obligation to maintain and repair the Premises as described abovePremises, shall include but is not limited to, all electrical, plumbing and mechanical systems serving the Premises from the point said systems connect to the Premises. Landlord shall be responsible for the maintenance and repair of said systems from the point said systems connect to the base building systems on each floorfloor to the Premises. If Tenant does not do so promptly and adequately, Landlord may, but need not, make such repairs and replacements and Tenant shall pay Landlord the cost thereof on demand. Tenant shall take special care to keep all areas of the Premises which are visible by or accessible to the public, such as elevator lobbies and corridors, in good order and appearance consistent with the high standards and quality of a first-class office building. Landlord shall keep, repair and maintain the following existing items in and about the Building in good order and repair at not less than the same general standards now or hereafter applicable to first-class non-institutional office buildings in the north suburban Chicago area and in conformity with all applicable laws, regulations, rules and ordinances: the structure, foundation, roof and exterior of the Building, the base Building, heating, air conditioning, ventilating, plumbing, electrical and related systems, ail supporting equipment and fixtures and the base Building stairways, elevators and other common areas. Landlord shall repair all damage to the common areas of the Building and, to the extent caused by the negligence, or intentional misconduct of Landlord, its agents or employees or Landlord's breach of this Lease, damage to the Premises caused by water, snow, frost, steam, excessive heat or cold, sewerage, gas, noise or the bursting or leaking of pipes. Any additional items installed in the Building or Premises by Landlord or Tenant after the date of this Lease shall be maintained by the party who purchases or installs such item. If any repairs are made necessary as a result of the act, neglect, fault of or omission of any duty by Tenant, its agents, servants, employees or invitees, Tenant shall pay to Landlord, as additional rent, the actual cost of such repairs. (c) Whenever, in Landlord's opinion, Tenant's use or occupation of the Premises, including lighting, personnel, heat generating machines, or equipment, individually or cumulatively, causes the design loads for the system providing heat and air-cooling to be exceeded, to affect the temperature or humidity otherwise maintained by the heating, ventilating, and air conditioning system in the Premises or Building, Landlord may, but shall not be obligated to, temper such excess loads by installing supplementary heating or air-conditioning units in the Premises or elsewhere where necessary. In such event, the cost of such units and the expense of installation, including, without limitation, the cost of preparing working drawings and specifications, shall be paid by Tenant as additional rent within thirty ten (3010) days after receipt of invoice Landlord's demand therefor. Alternatively, Landlord may require Tenant to install such supplementary heating or air-conditioning unit at Tenant's sole expense. Landlord may operate and maintain any such supplementary units, but shall have. have no continuing obligation to do so or liability in connection therewith. The expense resulting from the operation and maintenance of any such supplementary heating or air conditioning units, including rent for space occupied by any supplementary heating or air conditioning units installed outside the Premises, shall be paid by Tenant to Landlord as additional rent at rates fixed by Landlord. Alternatively, Landlord may require Tenant to operate and maintain any such supplementary units, also at Tenant's sole expense.

Appears in 1 contract

Samples: Sublease Agreement (Biosante Pharmaceuticals Inc)

Condition and Care of Premises. (a) Tenant's taking possession of the Premises or any portion thereof shall be conclusive evidence against Tenant, and upon said taking of possession Tenant shall execute an agreement with Landlord stating that the portion of the Premises were taken possession of was then in good order and satisfactory condition, except for any so-called "punchlist" items detailed in said agreement and latent defects attendant to Landlord's Work under any Workletter attached hereto and made a part hereof, and upon completion of any punchlist items, Tenant shall also execute a supplement to said agreement accepting completion of the punchlist items. No promises of the Landlord to alter, remodel, improve, repair, decorate, decorate or clean the Premises or any part thereof have been made, and no representation respecting the condition of the Premises, the Building, Building or the Land, has been made to Tenant by or on behalf of Landlord except to the extent expressly set forth hereinherein (and except to such extent, Tenant is taking the Premises in its "as is" condition). Tenant agrees that blinds, shades, drapes or other forms of window coverings and treatments shall not be placed in, on or about the outside windows in fine Premises, except to the aforesaid Workletterextent that the character, shape, color, material and make thereof is expressly approved by Landlord. This Lease lease does not grant any rights to light or air over or about the property of Landlord. (b) . Except for any damage resulting from any wanton or negligent act of Landlord or its employees and agents, and subject to the provisions of Section 15 14 hereof. , Tenant shall, shall at its own expense, expense keep the Premises in good repair and tenantable condition and shall promptly and adequately (i) repair all damage to the Premises caused by Tenant or any of its employees, agents, agents or invitees, including replacing or repairing all damaged or broken glass, fixtures, . fixtures and appurtenances resulting from any such damage, and (ii) maintain and, to the extent necessary, alter the Premises in accordance and compliance with all applicable governmental laws and regulations both currently existing and hereinafter enacted. with any such work to the Premises to be performed, under the supervision and with the approval of Landlord and within any reasonable period of time specified by landlord. Tenant's obligation to maintain and repair the Premises as described above, shall include but is not limited to, all electrical, plumbing and mechanical systems serving the Premises from the point said systems connect to the base building systems on each floorLandlord. If Tenant does not do so promptly and adequately, Landlord may, but need not, make such repairs and replacements and Tenant shall pay Landlord the cost thereof on demand. Tenant shall take special care to keep all areas of the Premises which are visible by or accessible to the public, such as elevator lobbies and corridors, in good order and appearance consistent with the high standards and quality of a first-class office building. Landlord shall keep, repair and maintain the following existing items in and about the Building in good order and repair at not less than the same general standards now or hereafter applicable to first-class non-institutional office buildings in the north suburban Chicago area and in conformity with all applicable laws, regulations, rules and ordinances: the structure, foundation, roof and exterior of the Building, the base Building, heating, air conditioning, ventilating, plumbing, electrical and related systems, ail supporting equipment and fixtures and the base Building stairways, elevators and other common areas. Landlord shall repair all damage to the common areas of the Building and, to the extent caused by the negligence, or intentional misconduct of Landlord, its agents or employees or Landlord's breach of this Lease, damage to the Premises caused by water, snow, frost, steam, excessive heat or cold, sewerage, gas, noise or the bursting or leaking of pipes. Any additional items installed in the Building or Premises by Landlord or Tenant after the date of this Lease shall be maintained by the party who purchases or installs such item. If any repairs are made necessary as a result of the act, neglect, fault of or omission of any duty by Tenant, its agents, servants, employees or invitees, Tenant shall pay to Landlord, as additional rent, the actual cost of such repairs. (c) Whenever, in Landlord's opinion, Tenant's use or occupation of the Premises, including lighting, personnel, heat generating machines, or equipment, individually or cumulatively, causes the design loads for the system providing heat and air-cooling to be exceeded, to affect the temperature or humidity otherwise maintained by the heating, ventilating, and air conditioning system in the Premises or Building, Landlord may, but shall not be obligated to, temper such excess loads by installing supplementary heating or air-conditioning units in the Premises or elsewhere where necessary. In such event, the cost of such units and the expense of installation, including, without limitation, the cost of preparing working drawings and specifications, shall be paid by Tenant as additional rent within thirty (30) days after receipt of invoice therefor. Alternatively, Landlord may require Tenant to install such supplementary heating or air-conditioning unit at Tenant's sole expense. Landlord may operate and maintain any such supplementary units, but shall have. no continuing obligation to do so or liability in connection therewith. The expense resulting from the operation and maintenance of any such supplementary heating or air conditioning units, including rent for space occupied by any supplementary heating or air conditioning units installed outside the Premises, shall be paid by Tenant to Landlord as additional rent at rates fixed by Landlord. Alternatively, Landlord may require Tenant to operate and maintain any such supplementary units, also at Tenant's sole expense.

Appears in 1 contract

Samples: Office Lease (Mypoints Com Inc)

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