Common use of CONDITION OF PREMISES AND REPAIRS Clause in Contracts

CONDITION OF PREMISES AND REPAIRS. Lessee, for and in consideration of this Lease and the demise of the said premises, hereby agrees and covenants with Lessor that Lessee has examined the said premises prior to the execution hereof, knows the condition thereof, and acknowledges that Lessee has received the said demised premises in good order and condition, and that no representation or warranty as to the condition or repair of the said premises has been made by Lessor, and, at the expiration of the term of this Lease, or any renewal or extension thereof, Lessee will yield up peaceably the said premises to Lessor in as good order and condition as when the same were entered upon by Lessee, loss by fire or inevitable accident, damage by the elements, and reasonable use and wear excepted; that Lessee will keep, at Lessee's own expense, the said premises in good order and repair during the term of this Lease, or any extension or renewal thereof, and will repair and replace promptly, at Lessee's own expense, any and all damage, including, but not limited to, damage to roof, walls, floors and foundations, heating and cooling units, plumbing, glass, sidewalks, and all other appurtenances, that may occur from time to time; that Lessee hereby waives any and all right to have such repairs or replacements made by Lessor or at Lessor's expense; and that, if Lessee fails to make such repairs and replacements promptly, or, if such repairs and replacements have not been made within fifteen (15) days after the occurrence of damage, Lessor may, at Lessor's option, make such repairs and replacements, and Lessee hereby agrees and covenants to repay the cost thereof to Lessor on demand.

Appears in 3 contracts

Samples: Lease (Ionatron, Inc.), Lease (Advanced Optics Electronics Inc), Lease (Advanced Optics Electronics Inc)

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CONDITION OF PREMISES AND REPAIRS. LesseeLessee accepts the Premises AS IS, except for conditions materially affecting health or safety of ordinary persons, and except as otherwise indicated on the move-in consideration of this Lease inspection form described below, the Lessor makes no implied warranties. Lessor shall provide a move-in inspection form to Lessee on or before move-in. Within seven (7) days after move-in, Lessee shall note all defects or damages on the form and return it to Lessor for a receipted copy; otherwise the demise Premises shall be presumed to be in clean, safe and good working condition. Lessee shall use customary diligence in care of the said premises, hereby agrees Premise and covenants with Lessor that Lessee has examined the said premises prior to the execution hereof, knows the condition thereof, and acknowledges that Lessee has received the said demised premises in good order and condition, and that no representation or warranty as to the condition or repair of the said premises has been made by Lessor, and, at the expiration of the term of this Lease, or any renewal or extension thereof, Lessee will yield up peaceably the said premises to Lessor in as good order and condition as when the same were entered upon common areas. Whenever damage is caused by Lessee, loss Lessee's guests, permittees, or occupants due to carelessness, misuse, neglect, or failure to notify Lessor of any need for repairs, Lessee agrees to pay (1) the cost of all repairs, and if said repairs are done by fire or inevitable accident, damage Lessor to do so by the elementsdue date of the next rental payment following work done and billed to Lessee; and (2) rent for the period the unit is damaged whether or not the unit is habitable. All glass/screens, doors, door locks, mailbox doors, mailbox locks and their parts, and all window glass and window parts are the responsibility of Lessee for repair and replacement. They are to be repaired by Lessee within three (3) days of any malfunction or breakage. Lessor is to be notified that the damage has occurred and when the repairs are finished so that Lessor may inspect and approve the work. All such breakage, repairs, and inspections shall be recorded and kept in the lease file. If not repaired promptly, Lessor may make necessary repairs for safety, security and well being of the Premises and the cost of said repairs, will be billed to Lessee. Lessee may not perform any painting, wallpapering, carpeting, electrical changes, or other alterations to the Premises except as authorized by Lessor in writing. No holes or stickers are allowed inside or outside the unit, however, a reasonable use number of small nail holes for picture hanging are permitted. Lessee shall not disable, disconnect, alter or remove any property, including security devices, alarms systems, smoke/carbon monoxide detectors, appliances, furniture or screens. Nothing can be stored in furnace areas or furnace rooms. Smoke/carbon monoxide detectors are provided, as required by law and/or as a courtesy to Lessee. Smoke/carbon monoxide detectors are not infallible and wear excepted; that it is the Lessee's responsibility to check any smoke/carbon monoxide detectors on a daily or frequent basis and report any malfunction to Lessor. Replacement of the batteries in the smoke/carbon monoxide detectors is the sole responsibility of Lessee. Light bulbs are to be replaced by Lessee will keep, and at Lessee's own expense. When moving out, Lessee shall surrender the said premises Premises in good order and repair during the term of this Leasecondition, or any extension or renewal thereof, and will repair and replace promptly, at Lessee's own expense, any and all damage, including, but not limited to, damage to roof, walls, floors and foundations, heating and cooling units, plumbing, glass, sidewalks, and all other appurtenances, that may occur from time to time; that Lessee hereby waives any and all right to have such repairs or replacements made by Lessor or at Lessor's expense; and that, if Lessee fails to make such repairs and replacements promptly, or, if such repairs and replacements have not been made within fifteen (15) days after the occurrence of damage, Lessor may, at Lessor's option, make such repairs and replacements, and Lessee hereby agrees and covenants to repay the cost thereof to Lessor on demandreasonable wear excepted.

Appears in 3 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

CONDITION OF PREMISES AND REPAIRS. Lessee, for The Landlord will deliver the premises in broom clean condition. Tenant should inspect the Premises to agree that they are in good repair and in consideration of this Lease and the demise are fit as of the said premises, hereby agrees and covenants with Lessor that Lessee has examined beginning of the said premises prior term. The Tenant shall immediately notify the Landlord of all damage to the execution hereofPremises, knows the condition thereofneed for repairs, and acknowledges situations that Lessee has received might reasonably be expected to result in damage. If the said demised premises in good order Landlord makes repairs that are allocable and condition, and that no representation or warranty as chargeable to the condition or repair Tenant, such charges shall be added to and included as part of the said premises has been made by Lessor, and, at the expiration of the term of this Lease, or any renewal or extension thereof, Lessee will yield up peaceably the said premises to Lessor in as good order and condition as when the same were entered upon by Lessee, loss by fire or inevitable accident, damage by the elements, and reasonable use and wear excepted; that Lessee will keep, at Lessee's own expense, the said premises in good order and repair during the term of this Lease, or any extension or renewal thereof, and will repair and replace promptly, at Lessee's own expense, any and all damage, includingrent, but not limited to, damage to roof, walls, floors and foundations, heating and cooling units, plumbing, glass, sidewalks, and all other appurtenances, that may occur from time to time; that Lessee hereby waives any and all right to have such repairs or replacements made by Lessor or at Lessor's expense; and that, if Lessee fails to make such repairs and replacements promptly, or, if such repairs and replacements have not been made shall be paid within fifteen (15) days after of billing by the occurrence Landlord. This Lease does not give Tenant any authority either to obligate the Landlord to pay any third party for any labor or materials or to suffer liens to be placed on the Premises. Tenant shall compensate the Landlord for damage to the Premises caused by all negligent, willful, or intentional acts and omissions by the Tenants and any of damageTenant's agents, Lessor mayinvitees, licensees, and contractors. Tenant shall not allow any "Environmental Contamination" (defined in Section 21 (INDEMNIFICATION) below, to be released onto the Premises by itself or its agents, contractors, invitees, or licensees, and Tenant shall remediate said releases if they occur, with such remediation being to the Landlord’s reasonable satisfaction, including but not limited to remediation meeting the requirements of governmental authorities. Landlord shall at Lessor's optionits expense maintain the roof, principal structure members, and exterior masonry walls, of the building located on the Premises, and shall replace any compressors and electric motors that are a part of the HVAC system if they cannot be repaired. Landlord will make such all other repairs and replacementsreplacements needed to keep the building and its systems and all equipment in good condition and state of repair. Tenant shall at its expense be responsible for routine interior maintenance, custodial care, cleaning including materials, general plumbing and Lessee electrical repairs, maintenance of the grounds (as shown on Exhibit A, attached hereto and hereby agrees made part of this Lease Agreement), replacement of light bulbs, purchase and covenants to repay the cost thereof to Lessor on demandplacement of fire extinguishers as required by law, door hardware, glass and plexiglass, if any, purchase and routine changing of air filters.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

CONDITION OF PREMISES AND REPAIRS. LesseeLessee accepts the Premises AS IS, except for conditions materially affecting health or safety of ordinary persons, and except as otherwise indicated on the move-in consideration of this Lease inspection form described below, the Lessor makes no implied warranties. Lessor shall provide a move-in inspection form to Lessee on or before move-in. Within seven (7) days after move-in, Lessee shall note all defects or damages on the form and return it to Lessor for a receipted copy; otherwise the demise Premises shall be presumed to be in clean, safe and good working condition. Lessee shall use customary diligence in care of the said premises, hereby agrees Premise and covenants with Lessor that Lessee has examined the said premises prior to the execution hereof, knows the condition thereof, and acknowledges that Lessee has received the said demised premises in good order and condition, and that no representation or warranty as to the condition or repair of the said premises has been made by Lessor, and, at the expiration of the term of this Lease, or any renewal or extension thereof, Lessee will yield up peaceably the said premises to Lessor in as good order and condition as when the same were entered upon common areas. Whenever damage is caused by Lessee, loss Xxxxxx's guests, permittees, or occupants due to carelessness, misuse, neglect, or failure to notify Lessor of any need for repairs, Xxxxxx agrees to pay (1) the cost of all repairs, and if said repairs are done by fire or inevitable accident, damage Lessor to do so by the elementsdue date of the next rental payment following work done and billed to Lessee; and (2) rent for the period the unit is damaged whether or not the unit is habitable. All glass/screens, doors, door locks, mailbox doors, mailbox locks and reasonable use and wear excepted; that Lessee will keep, at Lessee's own expense, the said premises in good order and repair during the term of this Lease, or any extension or renewal thereof, and will repair and replace promptly, at Lessee's own expense, any and all damage, including, but not limited to, damage to roof, walls, floors and foundations, heating and cooling units, plumbing, glass, sidewalkstheir parts, and all window glass and window parts are the responsibility of Lessee for repair and replacement. They are to be repaired by Lessee within three (3) days of any malfunction or breakage. Lessor is to be notified that the damage has occurred and when the repairs are finished so that Xxxxxx may inspect and approve the work. All such breakage, repairs, and inspections shall be recorded and kept in the lease file. If not repaired promptly, Lessor may make necessary repairs for safety, security and well being of the Premises and the cost of said repairs, will be billed to Lessee. Lessee may not perform any painting, wallpapering, carpeting, electrical changes, or other appurtenancesalterations to the Premises except as authorized by Xxxxxx in writing. No holes or stickers are allowed inside or outside the unit, that may occur from time however, a reasonable number of small nail holes for picture hanging are permitted. Lessee shall not disable, disconnect, alter or remove any property, including security devices, alarms systems, smoke/carbon monoxide detectors, appliances, furniture or screens. Nothing can be stored in furnace areas or furnace rooms. Smoke/carbon monoxide detectors are provided, as required by law and/or as a courtesy to time; that Lessee hereby waives Lessee. Smoke/carbon monoxide detectors are not infallible and it is the Lessee's responsibility to check any smoke/carbon monoxide detectors on a daily or frequent basis and all right report any malfunction to have such repairs or replacements made Lessor. Replacement of the batteries in the smoke/carbon monoxide detectors is the sole responsibility of Lessee. Light bulbs are to be replaced by Lessor or Xxxxxx and at LessorXxxxxx's expense; and that. When moving out, if Lessee fails to make such repairs and replacements promptlyXxxxxx shall surrender the Premises in good condition, or, if such repairs and replacements have not been made within fifteen (15) days after the occurrence of damage, Lessor may, at Lessor's option, make such repairs and replacements, and Lessee hereby agrees and covenants to repay the cost thereof to Lessor on demandreasonable wear excepted.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

CONDITION OF PREMISES AND REPAIRS. Lessee, for and in consideration of this Lease and the demise of the said premises, hereby agrees and covenants with Lessor that Lessee has examined the said premises prior to the execution hereof, knows the condition thereof, and acknowledges that Lessee has received the said demised premises in good order and condition, and that no representation or warranty as to the condition or repair of the said premises has been made by Lessor, and, at the expiration of the term of this Lease, or any renewal or extension thereof, Lessee will yield up peaceably the said premises to Lessor in as good order and condition as when the same were entered upon by Lessee, loss by fire or inevitable accident, damage damge by the elements, and reasonable use and wear excepted; that Lessee will wil keep, at Lessee's own expense, the said premises in good order and repair during the term of this Lease, or any extension or renewal thereoftherof, and will repair and replace promptlypromplty, at Lessee's own expense, any and all damage, including, but not limited to, damage to roof, walls, floors and foundations, heating and cooling units, plumbing, glass, sidewalks, and all other appurtenancesappertenances, that may occur from time to time; that Lessee hereby waives waiver any and all right to have such repairs or replacements made by Lessor or at Lessor's expense; and that, if Lessee fails to make such repairs and replacements promptly, or, or if such repairs and replacements have not been made within fifteen (15) days after the occurrence of damage, Lessor may, at Lessor's option, make such repairs and replacements, and Lessee hereby agrees and covenants to repay the cost thereof to Lessor on demand.

Appears in 1 contract

Samples: Cytodyn Inc

CONDITION OF PREMISES AND REPAIRS. Lessee, for and Subtenant accepts the Premises AS IS. Subtenant shall use customary diligence in consideration of this Lease and the demise care of the said premises, hereby agrees Premises and covenants with Lessor that Lessee has examined the said premises prior Common Areas. Whenever damage or a condition above and beyond ordinary wear and tear is caused to the execution hereofBuilding, knows Prime Premises, Premises, Common Areas, furnishings, appliances, fixtures or equipment by Subtenants, Subtenant’s guests, permittees or other occupants due to carelessness, misuse, neglect or failure to notify Sublandlord of the condition thereofneed for repairs, and acknowledges that Lessee has received whenever Subtenant, Subtenant’s guests or permittees cause extra housekeeping or maintenance to be performed, Subtenant agrees to pay the said demised premises in good order cost of all repairs and conditionextra housekeeping, and that no representation if said housekeeping or warranty as repairs are done by Sublandlord or Landlord, such repair and housekeeping costs shall be added to Subtenant’s Student Account upon completion of the repairs or extra housekeeping and billed to Subtenant. Subtenant shall not make any alterations, improvements, additions or changes to the condition or repair of the said premises has been made by Lessor, and, at the expiration of the term of this Lease, or any renewal or extension thereof, Lessee will yield up peaceably the said premises to Lessor in as good order and condition as when the same were entered upon by Lessee, loss by fire or inevitable accident, damage by the elements, and reasonable use and wear excepted; that Lessee will keep, at Lessee's own expense, the said premises in good order and repair during the term of this Lease, or any extension or renewal thereof, and will repair and replace promptly, at Lessee's own expense, any and all damagePremises, including, but without limitation, painting, wallpapering, carpeting, or electrical changes, except as may be authorized by Sublandlord in writing. No holes or stickers are allowed inside or outside the Premises; however, a reasonable number of small nail holes for picture hanging are permitted. Subtenant shall not limited todisable, damage disconnect, alter or remove any furnishings, appliances, fixtures or equipment, including, without limitation, security devices, alarm systems, smoke detectors, or screens. Subtenant shall not store anything in furnace areas or furnace rooms of the Building or Premises. Smoke detectors are provided, as required by law and/or as a courtesy to roof, walls, floors and foundations, heating and cooling units, plumbing, glass, sidewalksSubtenant. Smoke detectors are not infallible, and all other appurtenancesit is the Subtenant’s responsibility to check any smoke detectors on a reasonably regular basis and report any malfunction to Sublandlord. Replacement of the batteries in the smoke detectors is the sole responsibility of Sublandlord, provided that may occur from time Subtenant shall notify Sublandlord of any need for battery replacement. Light bulbs are to time; that Lessee hereby waives be replaced by Sublandlord and Subtenant shall notify Sublandlord of any need for light bulb replacement. When moving out, Subtenant shall surrender the Premises broom clean and all right to have such repairs or replacements made by Lessor or at Lessor's expense; in good condition, reasonable wear and that, if Lessee fails to make such repairs and replacements promptly, or, if such repairs and replacements have not been made within fifteen (15) days after the occurrence of damage, Lessor may, at Lessor's option, make such repairs and replacements, and Lessee hereby agrees and covenants to repay the cost thereof to Lessor on demandtear excepted.

Appears in 1 contract

Samples: Ohio State University

CONDITION OF PREMISES AND REPAIRS. Lessee, for and Subtenant accepts the Premises AS IS. Subtenant shall use customary diligence in consideration of this Lease and the demise care of the said premises, hereby agrees Premises and covenants with Lessor that Lessee has examined the said premises prior Common Areas. Whenever damage or a condition above and beyond ordinary wear and tear is caused to the execution hereofBuilding, knows Prime Premises, Premises, Common Areas, furnishings, appliances, fixtures or equipment by Subtenants, Subtenant’s guests, permittees or other occupants due to carelessness, misuse, neglect or failure to notify Sublandlord of the condition thereofneed for repairs, and acknowledges that Lessee has received whenever Subtenant, Subtenant’s guests or permittees cause extra housekeeping or maintenance to be performed, Subtenant agrees to pay the said demised premises in good order cost of all repairs and conditionextra housekeeping, and that no representation if said housekeeping or warranty as repairs are done by Sublandlord or Landlord, such repair and housekeeping costs shall be added to Subtenant’s Student Account upon completion of the repairs or extra housekeeping and billed to Subtenant. Subtenant shall not make any alterations, improvements, additions or changes to the condition or repair of the said premises has been made by Lessor, and, at the expiration of the term of this Lease, or any renewal or extension thereof, Lessee will yield up peaceably the said premises to Lessor in as good order and condition as when the same were entered upon by Lessee, loss by fire or inevitable accident, damage by the elements, and reasonable use and wear excepted; that Lessee will keep, at Lessee's own expense, the said premises in good order and repair during the term of this Lease, or any extension or renewal thereof, and will repair and replace promptly, at Lessee's own expense, any and all damagePremises, including, but without limitation, painting, wallpapering, carpeting, or electrical changes, except as may be authorized by Sublandlord in writing. Subtenant ackn owled g e s that Sub l andlord has no re sp on sib ilit y or oblig ati o n to rep a i r or replace an y of the La ndl o r d Furn ishin g s. No holes or stickers are allowed inside or outside the Premises; however, a reasonable number of small nail holes for picture hanging are permitted. Subtenant shall not limited todisable, damage disconnect, alter or remove any furnishings, appliances, fixtures or equipment, including, without limitation, security devices, alarm systems, smoke detectors, or screens. Subtenant shall not store anything in furnace areas or furnace rooms of the Building or Premises. Smoke detectors are provided, as required by law and/or as a courtesy to roof, walls, floors and foundations, heating and cooling units, plumbing, glass, sidewalksSubtenant. Smoke detectors are not infallible, and all other appurtenancesit is the Subtenant’s responsibility to check any smoke detectors on a reasonably regular basis and report any malfunction to Sublandlord. Replacement of the batteries in the smoke detectors is the sole responsibility of Sublandlord, provided that may occur from time Subtenant shall notify Sublandlord of any need for battery replacement. Light bulbs are to time; that Lessee hereby waives be replaced by Sublandlord and Subtenant shall notify Sublandlord of any need for light bulb replacement. When moving out, Subtenant shall surrender the Premises broom clean and all right to have such repairs or replacements made by Lessor or at Lessor's expense; in good condition, reasonable wear and that, if Lessee fails to make such repairs and replacements promptly, or, if such repairs and replacements have not been made within fifteen (15) days after the occurrence of damage, Lessor may, at Lessor's option, make such repairs and replacements, and Lessee hereby agrees and covenants to repay the cost thereof to Lessor on demandtear excepted.

Appears in 1 contract

Samples: Ohio State University

CONDITION OF PREMISES AND REPAIRS. Lessee, for and in consideration of this Lease and the demise of the said premises, hereby agrees and covenants with Lessor Sublessee acknowledges that Lessee it has examined the said premises Premises prior to the execution hereofmaking of this Sublease, and knows the condition thereof, and acknowledges that Lessee has received the said demised premises in good order and condition, and that no representation or warranty representations as to the condition or state of repair of the said premises has thereof have been made by LessorSublessor or its agents which are not herein expressed, andand Sublessee hereby accepts the Premises in their present condition. Sublessor does not warrant the condition of the Premises in any respect, and shall not be responsible for any injury that may happen to Sublessee or any property brought, existing or permitted on the premises, nor shall Sublessor be responsible for any injuries to third parties which occur on said Premises during the continuance of this Sublease. Sublessee shall use the Premises in a careful and proper manner and at its own cost and expense shall repair and/or replace any damage or injury done to the premises or any part thereof, caused by Sublessee or Sublessee's agent, employees, invitees or visitors and any repairs to be performed by Sublessor under the terms of the Prime Lease; provided, however, it is further agreed that if Sublessee fails to make such repairs or replacements promptly, then, and in that event Prime Lessor or, Sublessor may, at their option, make such repairs and/or replacements, and Sublessee agrees, upon demand by Sublessor, to forthwith reimburse Sublessor or Prime Lessor for the cost of such repairs and/or replacements. Sublessee hereby agrees to indemnify and hold Prime Lessor and Sublessor harmless from and against all costs and expenses relative to damage to the Premises, Building or appurtenances caused by Sublessee, its agents, employees, customers, invitees or visitors. Sublessee further agrees, that at the expiration or sooner termination of this Sublease, Sublessee will surrender possession of the term of this Lease, or any renewal or extension thereof, Lessee will yield up peaceably the said premises to Lessor in as good order and condition as when the same were entered upon by Lessee, loss by fire or inevitable accident, damage by the elements, and reasonable use and wear excepted; that Lessee will keep, at Lessee's own expense, the said premises in good order and repair during the term of this Lease, or any extension or renewal thereof, and will repair and replace promptly, at Lessee's own expense, any and all damage, Premises (including, but not limited to, damage all equipment and fixtures forming a part thereof), in good condition and repair, reasonable use thereof, only, excepted. Sublessee's obligations under this Paragraph 3 shall survive the expiration or sooner termination of this Sublease. Sublessor shall have the right, but no obligation of any nature or kind, to roofmake or erect any improvements on the Premises, walls, floors and foundations, heating and cooling units, plumbing, glass, sidewalks, and all other appurtenances, that may occur from time nor any obligation to time; that Lessee hereby waives Sublessee of any and all right nature or kind to have such make any repairs or and/or replacements made by Lessor or at to said Premises. Sublessor agrees to cooperate with Sublessee in obtaining the Prime Lessor's expense; compliance with its repair obligations under the term of the Prime Lease. Sublessor covenants and thatagrees to leave all patch panels in the computer room together with all existing wiring and cabling for computer and telephone connections between the computer and the telephone rooms and the drop points for office and workstations. Sublessee accepts such items in "as is" condition, if Lessee fails to make such repairs and replacements promptly, or, if such repairs and replacements have not been made within fifteen (15) days after the occurrence with no warranty of damage, Lessor may, at Lessor's option, make such repairs and replacements, and Lessee hereby agrees and covenants to repay the cost thereof to Lessor on demandsaid condition provided by Sublessor.

Appears in 1 contract

Samples: Lease (Changepoint Corp)

CONDITION OF PREMISES AND REPAIRS. LesseeTenant, for and in consideration of this the Lease and the demise of the said premises, hereby agrees and covenants with Lessor Landlord that Lessee Tenant has examined the said premises prior to the execution hereof, knows the condition thereof, and acknowledges that Lessee Tenant has received the said demised premises in good order and condition, and that no representation or warranty as to the condition or repair of the said premises has been made by LessorLandlord, and, at the expiration of the term of this Lease, or any renewal or extension thereof, Lessee Tenant will yield up peaceably the said premises to Lessor Landlord in as good order and condition as when the same were entered upon by LesseeTenant, loss by fire or inevitable accident, damage by the elements, and reasonable use and wear excepted; that Lessee Tenant will keep, at Lessee's own expense, keep the said premises in good order and repair during the term of this Lease, or any extension or renewal thereof, at Tenant's own expense and will repair and replace promptly, at Lessee's own expense, promptly any and all damage, including, but not limited to, including damage to roof, walls, floors and foundations, heating and cooling units, plumbing, glass, sidewalks, and all other appurtenances, that may occur from time to time; that Lessee Tenant hereby waives any and all right to have such repairs or replacements made by Lessor Landlord or at LessorLandlord's expense; and that, if Lessee Tenant fails to make such repairs and replacements promptly, or, if such repairs and replacements have not been made within fifteen (15) days after the occurrence of damage, Lessor Landlord may, at LessorLandlord's option, make such repairs and replacements, and Lessee Tenant hereby agrees and covenants to repay the cost thereof to Lessor Landlord on demand.

Appears in 1 contract

Samples: Profile Technologies Inc

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CONDITION OF PREMISES AND REPAIRS. Lessee(a) The Tenant having inspected the Premises, for it is agreed that they are in good repair and in consideration of this Lease and the demise are fit as of the said premises, hereby agrees and covenants with Lessor that Lessee has examined beginning of the said premises prior term. The Tenant shall immediately notify the Landlord of all damage to the execution hereofPremises, knows the condition thereofneed for repairs, and acknowledges situations that Lessee has received might reasonably be expected to result in damage. If the said demised premises in good order and condition, and Landlord makes repairs that no representation or warranty as are chargeable to the condition or repair Tenant, such charges shall be added to and included as part of the said premises has been made by Lessor, and, at the expiration of the term of this Lease, or any renewal or extension thereof, Lessee will yield up peaceably the said premises to Lessor in as good order and condition as when the same were entered upon by Lessee, loss by fire or inevitable accident, damage by the elements, and reasonable use and wear excepted; that Lessee will keep, at Lessee's own expense, the said premises in good order and repair during the term of this Lease, or any extension or renewal thereof, and will repair and replace promptly, at Lessee's own expense, any and all damage, includingrent, but not limited to, damage to roof, walls, floors and foundations, heating and cooling units, plumbing, glass, sidewalks, and all other appurtenances, that may occur from time to time; that Lessee hereby waives any and all right to have such repairs or replacements made by Lessor or at Lessor's expense; and that, if Lessee fails to make such repairs and replacements promptly, or, if such repairs and replacements have not been made shall be paid within fifteen (15) days after of billing by the occurrence Landlord. This Lease does not give Tenant any authority either to obligate the Landlord to pay any third party for any labor or materials or to suffer liens to be placed on the Premises. (b) Tenant shall compensate the Landlord for damage to the Premises caused by all negligent, willful, or intentional acts and omissions by the Tenants and any of damageTenant's agents, Lessor mayinvitees, licensees, and contractors. Tenant shall not allow any "Environmental Contamination" (defined in Section [21] (INDEMNIFICATION)) below to be released onto the Premises by itself or its agents, contractors, invitees, or licensees, and Tenant shall clean up said releases if they occur. (c) Landlord shall at Lessor's optionits expense maintain principal structure members, and exterior masonry walls, if any, not including windows, of the building located on the Premises. Additionally, Landlord will provide for the Premises roof to be leak-free and the Premises HVAC system to be in working order at inception of the lease term. Tenant shall make such all other repairs and replacementsreplacements needed to keep the building and its systems (including the HVAC, plumbing, electrical wiring, appliances, painting, glass, and Lessee hereby agrees all equipment) in good condition and covenants state of repair. Provided there is compliance with applicable laws and regulations of governmental authorities and upon prior written approval of the City Manager or his designee, the Tenant shall have the right to repay make additions, modifications, and improvements to the cost thereof to Lessor on demandPremises, provided that the costs of these additions, modifications, and improvements shall be paid for by the Tenant and shall, when made, become a part of the Premises.

Appears in 1 contract

Samples: www.durhamnc.gov

CONDITION OF PREMISES AND REPAIRS. Lessee11.1 Tenant shall be deemed to have agreed by accepting occupancy that the Premises are in good order, condition, and repair except for latent defects and except for items as to which Tenant has notified Landlord in consideration of this Lease and the demise of the said premises, hereby agrees and covenants with Lessor that Lessee has examined the said premises writing prior to the execution hereofdate on which Tenant occupies the Premises. Tenant, knows at Tenant's expense, shall keep the condition thereofPremises in good order, condition, and acknowledges that Lessee has received repair, including all fixtures, and equipment installed by Tenant except for normal wear and tear. In the said demised premises event Tenant fails to maintain the Premises in good order and conditionrepair, except for reasonable wear and that no representation or warranty as to the condition or repair of the said premises has been made by Lessortear, and, at the expiration of the term of this Lease, or any renewal or extension thereof, Lessee will yield up peaceably the said premises to Lessor in as good order and condition as when the same were entered upon by Lessee, loss by fire or inevitable accident, damage by the elements, and reasonable use and wear excepted; that Lessee will keep, at Lessee's own expense, the said premises in good order and repair during the term of this Lease, or any extension or renewal thereof, and will repair and replace promptly, at Lessee's own expense, any and all damage, including, but not limited to, damage to roof, walls, floors and foundations, heating and cooling units, plumbing, glass, sidewalks, and all other appurtenances, that may occur from time to time; that Lessee hereby waives any and all right to have such repairs or replacements made by Lessor or at Lessor's expense; and that, if Lessee fails Landlord shall give Tenant notice to make such repairs and replacements promptly, or, if or perform such repairs and replacements have not been made maintenance as Landlord deems appropriate in its commercially reasonable discretion. In the event Tenant fails to do so within fifteen (15) days after of receipt of notice, or if such repairs cannot be reasonably made within such a period and if Tenant has not commenced to make the occurrence repairs and /or has not diligently prosecuted the repairs to completion, Tenant shall be in material breach and default of damagethis Lease, Lessor may, at Lessor's and Landlord shall have the option, but not the obligation, to make such repairs or perform such maintenance at the expense of Tenant and replacements, and Lessee hereby agrees and covenants to repay the cost thereof shall be deemed to Lessor on demandbe, and shall be paid, as additional rent, with the rent next due following the delivery of notice to Tenant of said cost. Landlord shall have no liability to Tenant for any damage, inconvenience, or interference with the use of the Premises by Tenant as a result of making any such repairs or performing such maintenance. Landlord's right to perform such repair is in addition to a cumulative with all other rights Landlord has hereunder and at law and in equity, and Landlord may elect to utilize any number of such other remedies with or without so performing such work.

Appears in 1 contract

Samples: Satellite Agreement (Bridge Capital Holdings)

CONDITION OF PREMISES AND REPAIRS. Lessee, for and Subtenant accepts the Premises AS IS. Subtenant shall use customary diligence in consideration of this Lease and the demise care of the said premises, hereby agrees Premises and covenants with Lessor that Lessee has examined the said premises prior Common Areas. Whenever damage or a condition above and beyond ordinary wear and tear is caused to the execution hereofBuilding, knows Prime Premises, Premises, Common Areas, Landlord Furnishings, other furnishings, appliances, fixtures or equipment by Subtenants, Subtenant’s guests, permittees or other occupants due to carelessness, misuse, neglect or failure to notify Sublandlord of the condition thereofneed for repairs, and acknowledges that Lessee has received whenever Subtenant, Subtenant’s guests or permittees cause extra housekeeping or maintenance to be performed, Subtenant agrees to pay the said demised premises in good order cost of all repairs and conditionextra housekeeping, and that no representation if said housekeeping or warranty as repairs are done by Sublandlord or Landlord, such repair and housekeeping costs shall be added to Subtenant’s Student Account upon completion of the repairs or extra housekeeping and billed to Subtenant. Subtenant shall not make any alterations, improvements, additions or changes to the condition or repair of the said premises has been made by Lessor, and, at the expiration of the term of this Lease, or any renewal or extension thereof, Lessee will yield up peaceably the said premises to Lessor in as good order and condition as when the same were entered upon by Lessee, loss by fire or inevitable accident, damage by the elements, and reasonable use and wear excepted; that Lessee will keep, at Lessee's own expense, the said premises in good order and repair during the term of this Lease, or any extension or renewal thereof, and will repair and replace promptly, at Lessee's own expense, any and all damagePremises, including, but without limitation, painting, wallpapering, carpeting, or electrical changes, except as may be authorized by Sublandlord in writing. Subtenant acknowledges that Sublandlord has no responsibility or obligation to repair or replace any of the Landlord Furnishings. No holes or stickers are allowed inside or outside the Premises; however, a reasonable number of small nail holes for picture hanging are permitted. Subtenant shall not limited todisable, damage disconnect, alter or remove any furnishings, appliances, fixtures or equipment, including, without limitation security devices, alarm systems, smoke detectors, or screens. Subtenant shall not store anything in furnace areas or furnace rooms of the Building or Premises. Smoke detectors are provided, as required by law and/or as a courtesy to roof, walls, floors and foundations, heating and cooling units, plumbing, glass, sidewalksSubtenant. Smoke detectors are not infallible, and all other appurtenancesit is the Subtenant’s responsibility to check any smoke detectors on a reasonably regular basis and report any malfunction to Sublandlord. Replacement of the batteries in the smoke detectors is the sole responsibility of Sublandlord, provided that may occur from time Subtenant shall notify Sublandlord of any need for battery replacement. Light bulbs are to time; that Lessee hereby waives be replaced by Sublandlord and Subtenant shall notify Sublandlord of any need for light bulb replacement. When moving out, Subtenant shall surrender the Premises broom clean and all right to have such repairs or replacements made by Lessor or at Lessor's expense; in good condition, reasonable wear and that, if Lessee fails to make such repairs and replacements promptly, or, if such repairs and replacements have not been made within fifteen (15) days after the occurrence of damage, Lessor may, at Lessor's option, make such repairs and replacements, and Lessee hereby agrees and covenants to repay the cost thereof to Lessor on demandtear excepted.

Appears in 1 contract

Samples: Ohio State University

CONDITION OF PREMISES AND REPAIRS. LesseeTenant, for and in consideration of this the Lease and the demise of the said premises, hereby agrees and covenants with Lessor Landlord that Lessee has examined Tenant will examine the said premises prior to the execution occupancy hereof, knows and will know the condition thereof, and acknowledges that Lessee has Tenant received the said demised premises in good order and condition, and that no representation or warranty as to the condition or repair of the said premises has been made by LessorLandlord, and, at the expiration of the term of this Lease, or any renewal or extension thereof, Lessee Tenant will yield up peaceably the said premises to Lessor Landlord in as good order and condition as when the same were entered upon by LesseeTenant, loss by fire or Landlord Initial D.P. Tenant Initial J.Z. ----- ----- inevitable accident, damage by the elements, and reasonable use and wear excepted; that Lessee Tenant will keep, at Lessee's own expense, keep the said premises in good order and repair during the term of this Lease, or any extension or renewal thereof, at Tenant's own expense and will repair and replace promptly, at Lessee's own expense, promptly any and all damagedamage caused by tenant, includingits agents or invitees, but not limited to, including damage to roof, walls, floors and foundations, heating and cooling units, plumbing, glass, sidewalks, and all other appurtenances, that may occur from time to time; that Lessee Tenant hereby waives any and all right to have such repairs or replacements made by Lessor Landlord or at Lessorthe Landlord's expense; and that, if Lessee Tenant fails to make such repairs and replacements promptly, or, if such repairs and replacements have not been made within fifteen (15) days after the occurrence of damage, Lessor Landlord may, at LessorLandlord's option, make such repairs and replacements, and Lessee Tenant hereby agrees and covenants to repay the cost thereof to Lessor Landlord on demand. Landlord and Tenant agree that Landlord shall be responsible at Landlords sole cost and expense for repairs, replacements and maintenance to the HVAC system, electrical/lighting, plumbing, elevator, roof, exterior windows, building security, and any structural components of the building. Upon occupancy of the premises by Tenant, Tenant shall be responsible for repairs and maintenance to the interior of the leased premises, reasonable use and wear excepted, and except for those repair and maintenance obligations which are Landlord's responsibility as set forth herein.

Appears in 1 contract

Samples: Autolend Group Inc

CONDITION OF PREMISES AND REPAIRS. Lessee, for and in consideration of this Lease and the demise of the said premises, hereby agrees and covenants with Lessor that Lessee has examined the said premises prior to the execution hereof, knows the condition thereof, and acknowledges that Lessee has received the said demised premises in good order and condition, and that no representation or warranty as to the condition or repair of the said premises has been made by Lessor, and, at the expiration of the term of this Lease, or any renewal or extension thereof, Lessee will yield up peaceably the said premises to Lessor in as good order and condition as when the same were entered upon by Lessee, loss by fire or inevitable accident, damage by the elements, and reasonable use and wear exceptedexpected; that Lessee will keep, at Lessee's own expense, the said premises in good order and repair during the term of this Lease, or any extension or renewal thereof, and will repair and replace promptly, at Lessee's own expense, any and all damage, including, but not limited to, damage to roof, walls, floors and foundations, heating and cooling units, plumbing, glass, sidewalks, and all other appurtenances, that may occur from time to time; that Lessee hereby waives any and all right to have such repairs or replacements made by Lessor or at Lessor's expense; and that, if Lessee fails to make such repairs and replacements promptly, or, if such repairs and replacements have not been made within fifteen (15) days after the occurrence occurence of damage, Lessor may, at Lessor's option, make such repairs and replacements, and Lessee hereby agrees and covenants to repay the cost thereof to Lessor on demand.

Appears in 1 contract

Samples: Palatin Technologies Inc

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