Common use of Condition and Care of Premises Clause in Contracts

Condition and Care of Premises. 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 commencement of the term of the Lease, of any defects or deficiencies in the condition of the Rental 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 Tenants 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, stove, dishwasher, microwave, washer, and dryer. The Landlord shall be responsible for the repair of all such appliances, except where such repairs do not result from normal wear and tear. 8.8 Should the Tenants require the services of a plumber to 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 hiring said plumber. 8.9 The Tenants shall not make any alterations to the Rental Unit without the written consent of the Landlord, which is not to be unreasonably withheld. Such alterations requiring the written consent of the Landlord include, but are not limited to, the application of paint to walls and other surfaces, the application of wallpaper, and the use of nails and picture hangers on walls and other surfaces. 8.10 Should the Landlord be required to repair or clean the Rental Unit at a time after the completion of the tenancy, or at any other time, and such repairs and cleaning are made necessary by the Tenants, except repairs resulting from normal wear and tear or those deemed necessary by the initial inspection report, the Tenants shall be responsible for the costs of such repairs and cleaning.

Appears in 2 contracts

Sources: Residential Tenancy Agreement, Residential Tenancy Agreement

Condition and Care of Premises. 8.1 The (a) Tenant's taking possession of the Premises shall be conclusive evidence against Tenant, and upon said taking of possession Tenant hereby acknowledges shall execute an agreement with Landlord stating that the Rental Unit, appliances Premises were then in good order and appurtenances are in clean satisfactory condition, free except for any so-called "punch1ist" 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 visible defects and fit for habitation and use. 8.2 The Tenants hereby undertake any punch1ist items, Tenant shall also execute a supplement to notify the Landlord, in writing, within 48 hours said agreement accepting completion of the commencement punch1ist items. No promises of the term of Landlord to alter, remodel, improve; repair, decorate, or clean the LeasePremises or any part thereof have been made, of any defects or deficiencies in and no representation respecting the condition of the Rental UnitPremises 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. 8.3 The Tenants agree that there is no promise(b) Except for any damage resulting from any wanton or negligent act of Landlord or its employees and agents, representation 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 undertaking 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 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 Landlord. Tenant's obligation to maintain and repair the Rental Unit in the same condition Premises as existed at the commencement of this Tenancy Agreementdescribed above, 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 shall include but 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 Tenants 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, stove, dishwasher, microwave, washer, and dryer. The Landlord shall be responsible for the repair of all such appliances, except where such repairs do not result from normal wear and tear. 8.8 Should the Tenants require the services of a plumber to 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 hiring said plumber. 8.9 The Tenants shall not make any alterations to the Rental Unit without the written consent of the Landlord, which is not to be unreasonably withheld. Such alterations requiring the written consent of the Landlord include, but are not limited to, all electrical, plumbing and mechanical systems serving the application of paint Premises from the point said systems connect to walls the base building systems on each floor. If Tenant does not do so promptly and other surfacesadequately, the application of wallpaperLandlord may, and the use of nails and picture hangers on walls and other surfaces. 8.10 Should the Landlord be required to repair or clean the Rental Unit at a time after the completion of the tenancybut need not, or at any other time, and make such repairs and cleaning 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 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, 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 Tenantsheating, except repairs 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 is connection therewith. The expense resulting from normal wear the operation and tear maintenance of any such supplementary heating or those deemed necessary air conditioning units, including rent for space occupied by any supplementary heating or air conditioning units installed outside the initial inspection reportPremises, the Tenants shall be responsible for the costs of paid by Tenant to Landlord as additional rent at rates fixed by Landlord. Alternatively, Landlord may require Tenant to operate and maintain any such repairs and cleaningsupplementary units, also at Tenants sole expense.

Appears in 2 contracts

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

Condition and Care of Premises. 8.1 The (a) Tenant's taking possession of the Premises shall be conclusive evidence against Tenant, and upon said taking of possession Tenant hereby acknowledges shall execute an agreement with Landlord stating that the Rental UnitPremises were then in good order and satisfactory condition. Except for Landlord's agreement to clean the carpeting in the Premises, 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 no promises of the commencement of Landlord to alter, remodel, improve, repair, decorate, or clean the term of the LeasePremises or any part thereof have been made, of any defects or deficiencies in and no representation respecting the condition of the Rental UnitPremises, 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, HOWEVER, 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. 8.3 The Tenants agree that there is no promise(b) Except for any damage resulting from any wanton or negligent act of Landlord or its employees and agents, representation 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 undertaking 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 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 Landlord. Tenant's obligation to maintain and repair the Rental Unit in the same condition as existed at the commencement of this Tenancy AgreementPremises, 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 shall include but 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 Tenants 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, stove, dishwasher, microwave, washer, and dryer. The Landlord shall be responsible for the repair of all such appliances, except where such repairs do not result from normal wear and tear. 8.8 Should the Tenants require the services of a plumber to 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 hiring said plumber. 8.9 The Tenants shall not make any alterations to the Rental Unit without the written consent of the Landlord, which is not to be unreasonably withheld. Such alterations requiring the written consent of the Landlord include, but are not limited to, all electrical, plumbing and mechanical systems serving the application of paint Premises from the point said systems connect to walls the base building systems on each floor. If Tenant does not do so promptly and other surfacesadequately, the application of wallpaperLandlord may, and the use of nails and picture hangers on walls and other surfaces. 8.10 Should the Landlord be required to repair or clean the Rental Unit at a time after the completion of the tenancybut need not, or at any other time, and make such repairs and cleaning 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 made necessary 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. (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 Tenantsheating, except repairs 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 ten (10) days after 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 no continuing obligation to do so or liability in connection therewith. The expense resulting from normal wear the operation and tear maintenance of any such supplementary heating or those deemed necessary air conditioning units, including rent for space occupied by any supplementary heating or air conditioning units installed outside the initial inspection reportPremises, the Tenants shall be responsible for the costs of paid by Tenant to Landlord as additional rent at rates fixed by Landlord. Alternatively, Landlord may require Tenant to operate and maintain any such repairs and cleaningsupplementary units, also at Tenant's sole expense.

Appears in 1 contract

Sources: Office Lease (Biosante Pharmaceuticals Inc)

Condition and Care of Premises. 8.1 The Tenant hereby acknowledges that the Rental Unit, appliances Landlord's and appurtenances are in clean condition, free of visible defects Tenant's Maintenance Obligations and fit for habitation and useLandlord's Refurbishment. 8.2 The Tenants hereby undertake (a) Except to notify the Landlord, extent set forth in writing, within 48 hours of the commencement of the term of the Lease, of Landlord has made no promises to alter, remodel, improve, repair, decorate or clean the Premises or any defects or deficiencies in part thereof have been made, and no representation respecting the condition of the Rental UnitPremises, the Building or the Land has been made to Tenant by or on behalf of Landlord, except to the extent expressly set forth herein. 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 (b) Tenant 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 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, or its 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 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 maintenance any of its employees, agents, licensees, invitees or contractors, 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. Landlord may, but shall have no obligation to, elect to make any or all repairs on Tenant's 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 Landlord an amount equal to seven percent (7%) of such cost as an overhead and supervision fee. If Tenant does not make repairs promptly and adequately when required to be donedo so, Landlord may, but need not, make such repairs and replacements and Tenant shall pay Landlord, on written demand, the Tenants cost thereof, and, in addition, Tenant shall allow pay to Landlord on written demand, an amount equal to seven percent (7%) of such cost as an overhead and supervision fee and interest at the Landlord a reasonable opportunity to effect repairs or maintenance that rate specified in Section 27(h) from 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 date of the Rental Unitsuch demand. 8.7 The (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 shall provide the following appliances inside the Rental Unit: fridge, stove, dishwasher, microwave, washer, specifically excepts and dryer. The Landlord shall be responsible for the repair of all such appliances, except where such repairs do not result from normal wear and tear. 8.8 Should the Tenants require the services of a plumber reserves to 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 hiring said plumber. 8.9 The Tenants shall not make any alterations to the Rental Unit without the written consent of the Landlord, which is not to be unreasonably withheld. Such alterations requiring the written consent of the Landlord include, but are not limited to, the application of paint to walls and other surfaces, the application of wallpaper, and itself the use of nails any roofs, the exterior portions of the Premises, all rights to and picture hangers on 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 and to such areas within the Premises required for installation of utility lines and other surfacesinstallations required to serve any occupants of the Building and to maintain and repair same, and no rights with respect thereto are conferred upon Tenant, unless otherwise specifically provided herein. 8.10 Should (d) Landlord shall maintain in good order and repair the Landlord be required to repair or clean the Rental Unit at a time after the completion following portions of the tenancyProject during the Term: the 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 common or at any other timepublic areas in the Building, the Landlords's property and grounds (including landscaping) about the Building, the chiller unit(s) and air handler(s) serving the Premises and the public areas in the Building, and Tenant's Parking Area, excepting any damage to any such repairs and cleaning are made necessary components caused by the Tenantsact or omission of Tenant or any subtenant or their respective employees, except repairs resulting from normal wear and tear agents, licensees, contractors or those deemed necessary by the initial inspection reportinvitees, the Tenants in which event such damage shall be responsible for promptly repaired at the costs expense of such repairs and cleaningTenant.

Appears in 1 contract

Sources: Office Lease (Excal Enterprises Inc)

Condition and Care of Premises. 8.1 The Tenant's taking possession shall be conclusive evidence against 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 portion of the commencement premises taken possession of was substantially completed and then in good order and satisfactory condition. No promises of the term of Landlord to alter, remodel, improve, repair, decorate or clean the LeasePremises or any part thereof have been made, of any defects or deficiencies in and no representation respecting the condition of the Rental Unit. 8.3 The Tenants agree that there is no promisePremises, representation the Building or undertaking the Common Area has been made to Tenant by or binding upon the on behalf of 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 except to the Landlord of extent expressly set forth herein. Except for any repairs or maintenance required to be done, damage directly resulting from the Tenants 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, stove, dishwasher, microwave, washer, and dryer. The Landlord shall be responsible for the repair of all such appliances, except where such repairs do not result from normal wear and tear. 8.8 Should the Tenants require the services of a plumber to 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 hiring said plumber. 8.9 The Tenants shall not make any alterations to the Rental Unit without the written consent negligence of the Landlord, which is 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, whether or not caused by Tenant or any of its employees, agents or invitees, including, but not limited to, replacing or repairing all damage 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. 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 within ten (10) days after 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 be unreasonably withheldthe premises, whether or not caused by Tenant or any of its employees, agent or invitees or any other causes. Such alterations requiring the written consent of the Landlord repairs include, but are not limited toto glass entry doors, the application of paint to walls locks, windows, sliding glass windows, automatic closures and other surfaceswater heaters, the application of wallpaperreplacing or, repairing all damages caused by use or otherwise or glass, fixtures, and the use of nails and picture hangers on walls and other surfaces. 8.10 Should the Landlord be required to repair or clean the Rental Unit at a time after the completion of the tenancy, or at any other time, and such repairs and cleaning are made necessary by the Tenants, except repairs appurtenances resulting from normal wear and tear or those deemed necessary by the initial inspection report, the Tenants any such damages. All work shall be responsible for under the costs supervision and with approval of such Landlord and within any reasonable period of time specified by Landlord. Said maintenance and repairs shall include all exterior doors, refrigerator and cleaningfire extinguishers and all other equipment contained within the premises.

Appears in 1 contract

Sources: Lease Agreement (International Energy Consultants Inc)

Condition and Care of Premises. 8.1 The (a) Prior to taking possession of the Premises the Tenant hereby acknowledges 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 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 portion of the commencement Premises taken possession of was then in good order and satisfactory condition and that the term Rentable Area as stated in Exhibit B is ACCEPTABLE. No promises of Landlord to alter, remodel, improve, repair, or decorate or clean the LeasePremises or any part thereof have been made, of any defects or deficiencies in and no representation respecting the condition of the Rental UnitPremises, 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 any Work Letter attached to this Lease. 8.3 The Tenants agree that there is (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 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. Landlord specifically excepts and reserves to itself the use of any roofs, the exterior portions of the Premises, all 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 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 promise, representation or undertaking by or binding upon the Landlord rights with respect thereto are conferred upon Tenant, unless otherwise specifically provided herein. (d) 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 Landlord and Tenant's reasonable judgment, 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 any alterationbe exceeded, remodellingor to affect adversely the temperature or humidity otherwise maintained by the heating, decorating or installation of equipment or fixtures ventilating and air-conditioning system 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 AgreementPremises or Building, or as improved by the Landlord thereaftermay, 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 but shall not be obligated to, temper such excess loads by installing supplementary heating or air-conditioning units in the subject 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 ten (10) business days after 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 no continuing obligation to do so or liability in connection there with. The expense resulting from the operation and maintenance of any legal proceeding 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 against 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 in a court of law or before a tribunal of competent jurisdictionwarrants that the HVAC is adequate to handle up to seventy employees working on personal computers. 8.6 It (e) If sprinkler heads or any part of the sprinkler system shall be damaged or is further agreed that, upon written notice to the Landlord not in proper working order by reason of any repairs act or maintenance required omission of Tenant, Tenant's agents, servants, employees, licensees, or visitors, Tenant shall forthwith restore the same to be done, the Tenants shall allow the good working condition at its own expense. Landlord a reasonable opportunity represents and warrants to effect repairs or maintenance Tenant that the Landlord is required to undertake by law or under sprinkler heads and the Lease. The Tenants sprinkler system are, and shall not call on any person not employed or designated by the Landlord to effect any repair or maintenance be as of the Rental UnitEffective Date, in good working order and in accordance with all applicable laws. 8.7 The Landlord shall provide the following appliances inside the Rental Unit: fridge, stove, dishwasher, microwave, washer, and dryer. The Landlord shall be responsible for the repair of all such appliances, except where such repairs do not result from normal wear and tear. 8.8 Should the Tenants require the services of a plumber to 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 hiring said plumber. 8.9 The Tenants shall not make any alterations to the Rental Unit without the written consent of the Landlord, which is not to be unreasonably withheld. Such alterations requiring the written consent of the Landlord include, but are not limited to, the application of paint to walls and other surfaces, the application of wallpaper, and the use of nails and picture hangers on walls and other surfaces. 8.10 Should the Landlord be required to repair or clean the Rental Unit at a time after the completion of the tenancy, or at any other time, and such repairs and cleaning are made necessary by the Tenants, except repairs resulting from normal wear and tear or those deemed necessary by the initial inspection report, the Tenants shall be responsible for the costs of such repairs and cleaning.

Appears in 1 contract

Sources: Office Lease (Participate Com Inc)

Condition and Care of Premises. 8.1 The (a) Tenant's taking possession of the Premises shall be conclusive evidence against Tenant, and upon said taking of possession Tenant hereby acknowledges shall execute an agreement with Landlord stating that the Rental Unit, appliances Premises were then in good order and appurtenances are in clean satisfactory condition, free 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 visible defects and fit for habitation and use. 8.2 The Tenants hereby undertake any punchlist items, Tenant shall also execute a supplement to notify the Landlord, in writing, within 48 hours said agreement accepting completion of the commencement punchlist items. No promises of the term of Landlord to alter, remodel, improve, repair, decorate, or clean the LeasePremises or any part thereof have been made, of any defects or deficiencies in and no representation respecting the condition of the Rental UnitPremises, 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. 8.3 The Tenants agree that there is no promise(b) Except for any damage resulting from any wanton or negligent act of Landlord or its employees and agents, representation 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 undertaking 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 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 Landlord. Tenant's obligation to maintain and repair the Rental Unit in Premises, shall include but is not limited to, all electrical, plumbing and mechanical systems serving the same condition as existed at Premises from 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 point said systems connect to the Landlord of any repairs or maintenance required to be done, the Tenants shall allow the Landlord a reasonable opportunity to effect repairs or maintenance that the Landlord is required to undertake by law or under the LeasePremises. 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, stove, dishwasher, microwave, washer, and dryer. The Landlord shall be responsible for the maintenance and repair of all such appliances, except where such repairs do not result said systems from normal wear and tear. 8.8 Should the Tenants require the services of a plumber to 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 hiring point said plumber. 8.9 The Tenants shall not make any alterations systems connect to the Rental Unit without base building systems on each floor to the written consent of the LandlordPremises. If Tenant does not do so promptly and adequately, which is not to be unreasonably withheld. Such alterations requiring the written consent of the Landlord includemay, but are not limited toneed not, the application of paint to walls and other surfaces, the application of wallpaper, and the use of nails and picture hangers on walls and other surfaces. 8.10 Should the Landlord be required to repair or clean the Rental Unit at a time after the completion of the tenancy, or at any other time, and make such repairs and cleaning 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 made necessary 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. (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 Tenantsheating, except repairs 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 ten (10) days after 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 no continuing obligation to do so or liability in connection therewith. The expense resulting from normal wear the operation and tear maintenance of any such supplementary heating or those deemed necessary air conditioning units, including rent for space occupied by any supplementary heating or air conditioning units installed outside the initial inspection reportPremises, the Tenants shall be responsible for the costs of paid by Tenant to Landlord as additional rent at rates fixed by Landlord. Alternatively, Landlord may require Tenant to operate and maintain any such repairs and cleaningsupplementary units, also at Tenant's sole expense.

Appears in 1 contract

Sources: Sublease Agreement (Biosante Pharmaceuticals Inc)

Condition and Care of Premises. 8.1 The Subject to the terms of the First Addendum, Tenant’s taking possession of the Premises or any portion thereof shall be conclusive evidence against Tenant hereby that the portion of the Premises taken possession of was then in satisfactory condition. Tenant acknowledges that it has had 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 opportunity to notify the Landlord, in writing, within 48 hours of the commencement of the term of the Lease, of any defects or deficiencies in inspect the condition of the Rental Unit. 8.3 The Tenants agree that there is Premises prior to execution hereof. Except as otherwise expressly provided in this Lease, no promisepromises 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 undertaking the Land, has been made to Tenant by or binding upon on behalf of Landlord and Tenant accepts the Landlord with respect Premises in AS IS condition. Any and all work necessary or desirable to any alterationrepair, remodellingalter or improve the Premises for Tenant’s use and occupancy, decorating shall be performed by Tenant at its sole cost and expense. Tenant agrees that blinds, shades, drapes or installation other forms of equipment window coverings and treatments shall not be placed in, on or fixtures about the outside windows in the Rental Unit. 8.4 The Tenants agree Premises, except to maintain the Rental Unit in extent that the same condition as existed at the commencement of this Tenancy Agreementcharacter, or as improved by the Landlord thereaftershape, reasonable wear color, material and tear excepted. 8.5 The Tenants covenant to advise the Landlord, in writing, of any repairs or maintenance required to be done make thereof is expressly approved by the Landlord. It is agreed This lease does not grant any rights to light or air over or about the property of Landlord. Except for any damage resulting from any act of Landlord or its employees and agents, and subject to the provisions of’ Section 14 hereof, Tenant shall at its own expense keep the Premises in good repair and 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 any request for maintenance or repairs not made in writing Tenant has properly serviced the HVAC units, Landlord shall not be the subject of any legal proceeding replace rootfop HVAC units as necessary unless damaged by the act or neglect of Tenant against the Landlord in a court of law or before a tribunal of competent jurisdiction. 8.6 It is its contractors. Tenant shall further agreed that, upon written notice (i) repair all damage to the Landlord 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 repairs or maintenance required 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 done, the Tenants shall allow the Landlord a reasonable opportunity to effect repairs or maintenance that the Landlord is required to undertake by law or performed under the Leasesupervision and with the approval of Landlord and within any reasonable period of time specified by Landlord. The Tenants shall If Tenant does not call on any person not employed or designated by the do so promptly and adequately, 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, stove, dishwasher, microwave, washer, and dryer. The Landlord shall be responsible for the repair of all such appliances, except where such repairs do not result from normal wear and tear. 8.8 Should the Tenants require the services of a plumber to 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 hiring said plumber. 8.9 The Tenants shall not make any alterations to the Rental Unit without the written consent of the Landlord, which is not to be unreasonably withheld. Such alterations requiring the written consent of the Landlord includemay, but are not limited toneed not, the application of paint to walls and other surfaces, the application of wallpaper, and the use of nails and picture hangers on walls and other surfaces. 8.10 Should the Landlord be required to repair or clean the Rental Unit at a time after the completion of the tenancy, or at any other time, and make such repairs and cleaning are made replacements and Tenant shall pay Landlord the cost thereof on demand. Landlord shall maintain and repair the building structure, roof and parking areas and other common areas as Landlord deems reasonably necessary by the Tenants, except repairs resulting from normal wear and tear or those deemed necessary by the initial inspection reporttime to time, the Tenants cost of which shall be responsible for included in Expenses. As of the costs date hereof, Landlord has received no written notice of such repairs and cleaningcode violations of the Building or the Premises which have not heretofore been corrected.

Appears in 1 contract

Sources: Industrial/Office Building Lease (Haemonetics Corp)

Condition and Care of Premises. 8.1 The 7.1. Tenant’s taking possession of the Premises or any portion thereof shall be conclusive evidence against Tenant hereby acknowledges that the Rental Unitportion of the Premises taken possession of was then in good order and satisfactory condition, appliances provided, however, Landlord represents and appurtenances warrants that: (i) to the best of its knowledge, the roof system, plumbing systems, window systems, window treatments, elevator systems, common area corridor, base building electrical and HVAC systems, fire and life safety systems, are in clean conditiongood working order; and (ii) it has not received any written notice from any governmental authority who has jurisdiction over the Building that such property is in violation of building codes and ordinances (including, free of visible defects without limitation, ADA) which govern the use and fit for habitation and use. 8.2 The Tenants hereby undertake to notify the Landlord, in writing, within 48 hours occupancy of the commencement Building, which violation has not been cured. ▇▇▇▇▇▇ agrees to accept the Premises “as is,” and no promises of Landlord to alter, remodel, improve, repair, decorate or clean the term of the LeasePremises or any part thereof have been made, of any defects or deficiencies in and no representation respecting the condition of the Rental Unit. 8.3 The Tenants agree that there is no promisePremises, representation the Building, or undertaking the Land, has been made to Tenant by or binding upon on behalf of Landlord except to the Landlord with respect to any alteration, remodelling, decorating extent expressly set forth herein or installation of equipment or fixtures in the Rental Unit. 8.4 The Tenants agree Workletter attached hereto as Exhibit D. Subject to maintain the Rental Unit provisions of Article 15 hereof, 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 licensees, including replacing or repairing all damaged or broken glass, fixtures and appurtenances resulting from any such damage with the approval of Landlord (to the extent Landlord’s approval is required for the same condition as existed at an Alteration pursuant to the commencement terms of this Tenancy AgreementLease). If Tenant does not do so promptly and reasonably adequately, 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 may give written notice thereof to the Tenant and if Tenant has not commenced to cure such within fifteen (15) days thereafter and diligently prosecute such cure to completion, then Landlord of any repairs or maintenance required to be done, the Tenants 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, stove, dishwasher, microwave, washer, and dryer. The Landlord shall be responsible for the repair of all such appliances, except where such repairs do not result from normal wear and tear. 8.8 Should the Tenants require the services of a plumber to 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 hiring said plumber. 8.9 The Tenants shall not make any alterations to the Rental Unit without the written consent of the Landlord, which is not to be unreasonably withheld. Such alterations requiring the written consent of the Landlord includemay, but are not limited toneed not, the application of paint to walls and other surfaces, the application of wallpaper, and the use of nails and picture hangers on walls and other surfaces. 8.10 Should the Landlord be required to repair or clean the Rental Unit at a time after the completion of the tenancy, or at any other time, and make such repairs and cleaning are made necessary by replacements and Tenant shall pay Landlord the Tenantscost thereof within thirty (30) days following demand together with an itemization of charges and reasonable supporting documentation. Except to the extent expressly provided to the contrary herein, except repairs resulting from normal wear and tear or those deemed necessary by the initial inspection report, the Tenants Tenant shall be solely responsible for the costs of such all repairs and cleaningalterations pertaining to the Premises, including those required by any governmental entity or court of law.

Appears in 1 contract

Sources: Office Lease (Ibotta, Inc.)

Condition and Care of Premises. 8.1 The Tenant's taking possession of the Premises or any portion thereof shall be conclusive evidence against 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 portion of the commencement Premises taken possession of was then in good order and satisfactory condition. No promises of Landlord to alter, remodel, improve, repair, decorate or clean the term of the LeasePremises or any part thereof have been made, of any defects or deficiencies in and no representation respecting the condition of the Rental Unit. 8.3 The Tenants agree that there is no promisePremises, representation the Building or undertaking the Land, has been made to Tenant by or binding upon on behalf of Landlord except to the Landlord with respect extent expressly set forth herein (and except to any alterationsuch extent, remodellingTenant is taking the Premises in its "as is" condition). Tenant agrees that blinds, decorating shades, drapes or installation other forms 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 window coverings 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 treatments shall not be placed in, on or about the subject of any legal proceeding by the Tenant against the Landlord outside windows in a court of law or before a tribunal of competent jurisdiction. 8.6 It is further agreed thatfine Premises, upon written notice except to the extent that the character, shape, color, material and make thereof is expressly approved by Landlord. This lease does not grant any rights to light or air over or about the property of Landlord. Except for any damage resulting from any act of Landlord or its employees and agents, and subject to the provisions of Section 14 hereof, Tenant shall at its own 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 repairs of its employees, agents or maintenance required invitees, including replacing or repairing all damaged or broken glass. 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 doneperformed, the Tenants shall allow the Landlord a reasonable opportunity to effect repairs or maintenance that the Landlord is required to undertake by law or under the Leasesupervision and with the approval of Landlord and within any reasonable period of time specified by Landlord. The Tenants shall If Tenant does not call on any person not employed or designated by the do so promptly and adequately, 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, stove, dishwasher, microwave, washer, and dryer. The Landlord shall be responsible for the repair of all such appliances, except where such repairs do not result from normal wear and tear. 8.8 Should the Tenants require the services of a plumber to 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 hiring said plumber. 8.9 The Tenants shall not make any alterations to the Rental Unit without the written consent of the Landlord, which is not to be unreasonably withheld. Such alterations requiring the written consent of the Landlord includemay, but are not limited toneed not, the application of paint to walls and other surfaces, the application of wallpaper, and the use of nails and picture hangers on walls and other surfaces. 8.10 Should the Landlord be required to repair or clean the Rental Unit at a time after the completion of the tenancy, or at any other time, and make such repairs and cleaning are made necessary by replacements and Tenant shall pay Landlord the Tenants, except repairs resulting from normal wear and tear or those deemed necessary by the initial inspection report, the Tenants shall be responsible for the costs of such repairs and cleaningcost thereof on demand.

Appears in 1 contract

Sources: Office Lease (Mypoints Com Inc)

Condition and Care of Premises. 8.1 The Tenant hereby acknowledges that the Rental Unit(a) Except as otherwise set forth herein, 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 (i) no promises of the commencement of Landlord to alter, remodel, improve, repair, decorate, or clean the term of the LeasePremises or any part thereof have been made, of any defects or deficiencies in and (ii) no representation respecting the condition of the Rental UnitPremises, the Building, or the Land, has been made to Tenant by or on behalf of Landlord (except to the extent otherwise set forth herein or in the 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. 8.3 The Tenants agree that there is no promise(b) Except for any damage to the Premises resulting from any act of Landlord or its employees and agents, representation 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, subject to reasonable wear and tear, and shall promptly and adequately repair all damage to the Premises caused by Tenant or undertaking any of its employees, agents, or invitees, including replacing or repairing all damaged or broken glass (except for exterior windows), fixtures, and appurtenances resulting from any such damage, and within any reasonable period of time specified by Landlord. If Tenant does not reasonably promptly and adequately 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’s Actual Cost. Landlord, however, will make any repairs and replacements, at Tenant’s sole cost and 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 binding upon accessible to the Landlord public, such as elevator lobbies and corridors, in good order and appearance consistent with a first-class office building. Nothing in this Section 8 shall increase any of Tenant’s obligations with respect to any alteration, remodelling, decorating or installation the return of equipment or fixtures the Premises as set forth in Section 9. Upon twenty-four (24) hours prior written notice (except in the Rental Unit. 8.4 The Tenants agree case of an emergency, when no prior notice shall be required) to maintain the Rental Unit in the same condition as existed at the commencement of this Tenancy AgreementTenant, or as improved by the Landlord thereaftermay, 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 but shall not be required to, enter the subject Premises (other than any Tenant Secure Area) at all reasonable times to make such 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 to the Building or to any equipment located in the Building or as Landlord may be required to do by the City of Chicago or by order or decree of any legal proceeding court or by any other governmental authority. Except in the case of an emergency. Landlord may not enter any Tenant against the Landlord Secure Area without Tenant’s prior written approval, which approval may be withheld in a court of law or before a tribunal of competent jurisdiction. 8.6 It Tenant’s sole discretion, and, if such approval is further agreed thatgranted, upon written notice to the Landlord of any repairs or maintenance required to be done, the Tenants 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, stove, dishwasher, microwave, washer, and dryer. The Landlord shall be responsible for accompanied by a representative of Tenant at all times while in a Tenant’s Secure Area. If the repair work described in this subsection cannot be performed during Business Hours without materially disrupting the conduct of Tenant’s business in the affected portion of the Premises, such work shall be 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 Landlord in performing such after-hours work. Landlord shall be permitted to take 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 such appliancesmaterials that may be required in connection with the work being performed under this subsection; provided, except where such repairs do not result from normal wear and tearhowever, Landlord shall in no event materially interfere with the conduct of Tenant’s business in the Premises. 8.8 Should (c) Landlord hereby accepts and approves the Tenants require the services of a plumber to 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 hiring said plumber. 8.9 The Tenants shall not make any alterations to the Rental Unit without the written consent layout of the Landlord, which is not to be unreasonably withheld. Such alterations requiring Premises and the written consent location and configuration of the Landlord include, but are not limited to, Tenant’s Property as it exists on the application of paint to walls and other surfaces, the application of wallpaper, and the use of nails and picture hangers on walls and other surfacesCommencement Date. 8.10 Should the Landlord be required to repair or clean the Rental Unit at a time after the completion of the tenancy, or at any other time, and such repairs and cleaning are made necessary by the Tenants, except repairs resulting from normal wear and tear or those deemed necessary by the initial inspection report, the Tenants shall be responsible for the costs of such repairs and cleaning.

Appears in 1 contract

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

Condition and Care of Premises. 8.1 The Tenant hereby acknowledges (a) Tenant’s taking possession of the Premises shall be conclusive evidence that the Rental Unit, appliances Premises were then in good order and appurtenances are in clean satisfactory 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 . No promises of the commencement of Landlord to alter, remodel, improve, repair, decorate or clean the term of the LeasePremises or any part thereof have been made, of any defects or deficiencies in and no representations respecting the condition of the Rental UnitPremises, 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. 8.3 The Tenants agree that there is no promise(b) Except for any damage resulting from any wanton or negligent act of Landlord or its employees and agents, representation 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 undertaking 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. 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 in good order and appearance consistent with the high standards and quality of a first-class office building. (c) Whenever, in Landlord’s opm10n, Tenant’s use or binding upon occupation of the Landlord with respect 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 any alterationbe exceeded, remodellingto affect the temperature or humidity otherwise maintained by the heating, decorating or installation of equipment or fixtures ventilating and air conditioning system 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 AgreementPremises or Building, or as improved by the Landlord thereaftermay, 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 but shall not be obligated to, temper such excess loads by installing supplementary heating or air-conditioning units in the subject 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 ten (10) days after 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 no continuing obligation to do so or liability in connection therewith. The expense resulting from the operation and maintenance of any legal proceeding such supplementary heating or air-conditioning units, including rent for space occupied by any supplementary heating or air conditioning units installed outside the Tenant against the Landlord in a court of law or before a tribunal of competent jurisdiction. 8.6 It is further agreed thatPremises, upon written notice to the Landlord of any repairs or maintenance required to be done, the Tenants 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, stove, dishwasher, microwave, washer, and dryer. The Landlord shall be responsible for the repair of all paid by Tenant to Landlord as additional rent at rates fixed by Landlord. Alternatively, Landlord may require Tenant to operate and maintain any such appliancessupplementary units, except where such repairs do not result from normal wear and tearalso at Tenant’s sole expense. 8.8 Should the Tenants require the services of a plumber to 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 hiring said plumber. 8.9 The Tenants shall not make any alterations to the Rental Unit without the written consent of the Landlord, which is not to be unreasonably withheld. Such alterations requiring the written consent of the Landlord include, but are not limited to, the application of paint to walls and other surfaces, the application of wallpaper, and the use of nails and picture hangers on walls and other surfaces. 8.10 Should the Landlord be required to repair or clean the Rental Unit at a time after the completion of the tenancy, or at any other time, and such repairs and cleaning are made necessary by the Tenants, except repairs resulting from normal wear and tear or those deemed necessary by the initial inspection report, the Tenants shall be responsible for the costs of such repairs and cleaning.

Appears in 1 contract

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