Common use of Cost and Maintenance Clause in Contracts

Cost and Maintenance. The costs of the actual signs comprising Tenant's Signage and the installation, design, construction, and any and all other costs associated with Tenant's Signage, including, without limitation, utility charges and hook-up fees, permits, and maintenance and repairs, shall be the sole responsibility of Tenant; provided that the costs and fees associated with the initial installation, design, and construction of such Tenant's Signage may, at Tenant's option, be deemed "FF&E," as that term is set forth in Section 2.2.5 of the Work Letter Agreement. Should Tenant's Signage require repairs and/or maintenance, as determined in Landlord's reasonable judgment, Landlord shall have the right to provide Notice thereof to Tenant and Tenant (except as set forth above) shall cause such repairs and/or maintenance to be performed within ten (10) business days after receipt of such Notice from Landlord, at Tenant's sole cost and expense; provided, however, if such repairs and/or maintenance are reasonably expected to require longer than ten (10) business days to perform, Tenant shall commence such repairs and/or maintenance within such ten (10) business day period and shall diligently prosecute such repairs and maintenance to completion. Should Tenant fail to perform such repairs and/or maintenance within the periods described in the immediately preceding sentence, Landlord shall, upon the delivery of an additional five (5) business days' prior written notice, have the right to cause such work to be performed and to charge Tenant as Additional Rent for the cost of such work. Upon the expiration or earlier termination of this Lease, Tenant shall, at Tenant's sole cost and expense, cause Tenant's Signage to be removed and shall cause the areas in which such Tenant's Signage was located to be restored to the condition existing immediately prior to the placement of such Tenant's Signage (excepting normal wear and tear caused by the sun, rain and other elements to which such Tenant's Signage is exposed). If Tenant fails to timely remove such Tenant's Signage or to restore the areas in which such Tenant's Signage was located, as provided in the immediately preceding sentence, then Landlord may perform such work, and all costs incurred by Landlord in so performing shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant's receipt of an invoice therefor. The TCCs of this Section 23.3.4 shall survive the expiration or earlier termination of this Lease.

Appears in 6 contracts

Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)

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Cost and Maintenance. The costs of the actual signs comprising Tenant's ’s Signage and the installation, design, construction, and any and all other costs associated with Tenant's ’s Signage, including, without limitation, utility charges and hook-up fees, permits, required Building structural upgrades, and maintenance and repairs, shall be the sole responsibility of Tenant; provided that the costs and fees associated with the initial installation, design, and construction of such Tenant's Signage may, at Tenant's option, be deemed "FF&E," as that term is set forth in Section 2.2.5 of the Work Letter Agreement. Should Tenant's ’s Signage require repairs and/or maintenance, as determined in Landlord's ’s reasonable judgment, Landlord shall have the right to provide Notice notice thereof to Tenant and Tenant (except as set forth above) shall cause such repairs and/or maintenance to be performed within ten thirty (1030) business days after receipt of such Notice notice from Landlord, at Tenant's ’s sole cost and expense; provided, however, if such repairs and/or maintenance are reasonably expected to require longer than ten thirty (1030) business days to perform, Tenant shall commence such repairs and/or maintenance within such ten thirty (1030) business day period and shall diligently prosecute such repairs and maintenance to completion. Should Tenant fail to perform such repairs and/or maintenance within the periods described in the immediately preceding sentence, Landlord shall, upon the delivery of an additional five (5) business days' prior written notice, shall have the right to cause such work to be performed and to charge Tenant as Additional Rent for the cost of such work. Upon the expiration or earlier termination of this Lease, or in the event Tenant fails to maintain the leasing and occupancy thresholds identified in Sections 23.5, above, Tenant shall, at Tenant's ’s sole cost and expense, cause Tenant's ’s Signage to be removed and shall cause the areas in which such Tenant's ’s Signage was located to be restored to the condition existing immediately prior to the placement of such Tenant's ’s Signage (excepting normal wear and tear caused by the sun, rain and other elements to which such Tenant's Signage is exposedtear). If Tenant fails to timely remove such Tenant's ’s Signage or to restore the areas in which such Tenant's ’s Signage was located, as provided in the immediately preceding sentence, then Landlord may perform such work, and all costs incurred by Landlord in so performing shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant's ’s receipt of an invoice therefor. The TCCs terms and conditions of this Section 23.3.4 23.5 shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Office Lease (Yelp Inc), Office Lease (Yelp Inc)

Cost and Maintenance. The costs of the actual signs comprising Tenant's ’s Exterior Signage and the installation, design, construction, construction and any and all other costs associated with Tenant's ’s Exterior Signage, including, without limitation, utility charges and hook-up fees, permits, and maintenance and repairs, shall be the sole responsibility of Tenant; provided that the costs and fees associated with the initial installation, design, and construction of such Tenant's Signage may, at Tenant's option, be deemed "FF&E," as that term is set forth in Section 2.2.5 of the Work Letter Agreement. Should Tenant's ’s Exterior Signage require repairs and/or maintenance, as determined in Landlord's ’s reasonable judgment, Landlord shall have the right to provide Notice notice thereof to Tenant and Tenant (except as set forth abovebelow) shall cause such repairs and/or maintenance to be performed within ten thirty (1030) business days after receipt of such Notice notice from Landlord, at Tenant's ’s sole cost and expense; provided, however, if such repairs and/or maintenance are reasonably expected to require longer than ten thirty (1030) business days to perform, Tenant shall commence such repairs and/or maintenance within such ten thirty (1030) business day period and shall diligently prosecute such repairs and maintenance to completion. Should Tenant fail to perform such repairs and/or maintenance within the periods described in the immediately preceding sentence, Landlord shall, upon the delivery of an additional five (5) business days' prior written notice, have the right to cause such work to be performed and to charge Tenant as Additional Rent for the actual cost of such work. Upon the expiration or earlier termination of this the Lease, or upon any earlier termination of Tenant’s right to the Tenant’s Exterior Signage as set forth in Section 23.5.4, above, Tenant shall, at Tenant's ’s sole cost and expense, cause Tenant's ’s Exterior Signage to be removed and shall cause the areas in which such Tenant's ’s Exterior Signage was located to be restored to the condition existing immediately prior to the placement of such Tenant's ’s Exterior Signage (excepting normal reasonable wear and tear caused by the sun, rain and other elements to which such Tenant's Signage is exposedexcepted). If Tenant fails to timely remove such Tenant's ’s Exterior Signage or to restore the areas in which such Tenant's ’s Exterior Signage was located, as provided in the immediately preceding sentence, then Landlord may perform such work, and all actual costs incurred by Landlord in so performing shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant's ’s receipt of an invoice therefor. The TCCs terms and conditions of this Section 23.3.4 23.5.5 shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Office Lease (Apptio Inc), Office Lease (Apptio Inc)

Cost and Maintenance. The costs of the actual signs comprising Tenant's ’s name on such monument signage and/or Building-Top Signage and the installation, design, construction, and any and all other costs associated with Tenant's ’s name on such monument signage and/or Building-Top Signage, including, without limitation, utility charges and hook-up feesfees (if applicable), permits, and maintenance and repairs, shall be the sole responsibility of Tenant; provided that the costs Landlord shall reasonably cooperate with Tenant’s use of Common Areas to allow Tenant to install, operate, maintain and fees associated with the initial installation, design, and construction of repair Tenant’s name on such Tenant's Signage may, at Tenant's option, be deemed "FF&E," as that term is set forth in Section 2.2.5 of the Work Letter Agreementmonument signage and/or Building-Top Signage. Should Tenant's ’s name on such monument signage and/or Building-Top Signage require repairs and/or maintenance, as determined in Landlord's reasonable judgment, Landlord shall have the right to provide Notice notice thereof to Tenant and Tenant (except as set forth above) shall cause such repairs and/or maintenance to commence to be performed within ten thirty (1030) business days after receipt of such Notice notice from Landlord, at Tenant's ’s sole cost and expense; provided, however, if such repairs and/or maintenance are reasonably expected to require longer than ten thirty (1030) business days to perform, Tenant shall commence such repairs and/or maintenance within such ten thirty (1030) business day period and shall thereafter diligently prosecute such repairs and maintenance to completioncompletion at Tenant’s sole cost and expense. Should Tenant fail to perform such repairs and/or maintenance within the periods described in the immediately preceding sentence, Landlord shall, upon the delivery of an additional five (5) business days' prior written notice, shall have the right to cause such work to be performed and to charge Tenant as Additional Rent for the actual cost of such workwork plus interest at the Interest Rate from the date of Landlord’s payment of such actual costs to the date of Tenant’s reimbursement to Landlord. Upon Tenant shall bear a pro rata share (based upon the number of tenants identified on such monument signage) of all costs of maintenance and operation of such monument signage and all such costs shall be paid by Tenant to Landlord as Additional Rent within ten (10) days of receipt of Landlord’s written demand therefor. Within a reasonable time following the expiration or earlier termination of this Lease (which shall in no event be later than thirty (30) days after such expiration or termination of this Lease), Tenant shall, at Tenant's ’s sole cost and expense, cause commence, and thereafter shall diligently pursue, the removal of Tenant's Signage to be removed ’s name from such monument signage and/or Building-Top Signage, and shall cause the areas in which such Tenant's ’s name on such monument signage and/or Building-Top Signage was located to be restored to the condition existing immediately prior to the placement of such Tenant's Signage (excepting normal ’s name on such monument signage and/or Building-Top Signage, reasonable wear and tear caused by the sun, rain and other elements to which such Tenant's Signage is exposed)excepted. If Tenant fails to timely remove Xxxxxx’s name from such Tenant's monument signage and/or Building-Top Signage or to restore the areas in which Tenant’s name on such Tenant's monument signage and/or Building-Top Signage was located, as provided in the immediately preceding sentence, then Landlord may perform such work, and all actual costs reasonably incurred by Landlord in so performing performing, plus interest at the Interest Rate from the date of Landlord’s payment of such costs to the date of Tenant’s reimbursement to Landlord, shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant's Xxxxxx’s receipt of an invoice therefortherefore. The TCCs terms of this Section 23.3.4 23.7 shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Office Lease (Roka BioScience, Inc.), Office Lease (Roka BioScience, Inc.)

Cost and Maintenance. The Landlord’s actual, out-of-pocket costs of the actual signs comprising Tenant's Signage ’s name and/or logo on such monument sign and Building-Top Sign, as well as the installation, design, construction, and any and all other costs associated with Tenant's Signage’s name on such monument signage and/or the Building-Top Sign, including, without limitation, utility charges and hook-up feesfees (if applicable), permits, and maintenance and repairs, shall be the sole responsibility of Tenant provided that Tenant shall have the opportunity to preview estimates for any such amounts to be charged to Tenant; provided that Landlord shall reasonably cooperate with Tenant’s use of Common Areas to allow Tenant to install, operate, maintain and repair Tenant’s name on such monument sign and/or the costs and fees associated with the initial installation, design, and construction of such Tenant's Signage may, at Tenant's option, be deemed "FF&E," as that term is set forth in Section 2.2.5 of the Work Letter AgreementBuilding- Top Sign. Should Tenant's Signage ’s name and/or logo on such monument sign and/or the Building-Top Sign require repairs and/or maintenance, as determined in Landlord's reasonable judgment, Landlord shall have the right to provide Notice notice thereof to Tenant and Tenant (except as set forth above) shall cause such repairs and/or maintenance to commence to be performed within ten thirty (1030) business days after receipt of such Notice notice from Landlord, at Tenant's ’s sole cost and expense; provided, however, if such repairs and/or maintenance are reasonably expected to require longer than ten thirty (1030) business days to perform, Tenant shall commence such repairs and/or maintenance within such ten thirty (1030) business day period and shall thereafter diligently prosecute such repairs and maintenance to completioncompletion at Tenant’s sole cost and expense. Should Tenant fail to perform such repairs and/or maintenance within the periods described in the immediately preceding sentence, Landlord shall, upon the delivery of an additional five (5) business days' prior written notice, shall have the right to cause such work to be performed and to charge Tenant as Additional Rent for the actual out-of-pocket cost of such workwork plus interest at the Interest Rate from the date of Landlord’s payment of such actual costs to the date of Tenant’s reimbursement to Landlord. Upon Tenant shall bear a pro rata share (based upon the number of tenants identified on such monument sign) of all of Landlord’s actual out-of-pocket costs of maintenance and operation of such monument sign and all such costs shall be paid by Tenant to Landlord as Additional Rent within ten (10) days of receipt of Landlord’s written demand therefore. Within a reasonable time following the expiration or earlier termination of this Lease (which shall in no event be later than thirty (30) days after such expiration or termination of this Lease), Tenant shall, at Tenant's ’s sole cost and expense, cause commence, and thereafter shall diligently pursue, the removal of Tenant's Signage to be removed ’s name from such monument sign and the Building-Top Sign, and shall cause the areas in which such Tenant's Signage ’s name on such monument sign and the Building-Top Sign was located to be restored to the condition existing immediately prior to the placement of such Tenant's Signage (excepting normal wear ’s name on such monument signage and tear caused by the sun, rain and other elements to which such Tenant's Signage is exposed)installation of the Building-Top Sign. If Tenant fails to timely remove Tenant’s name from such Tenant's Signage monument sign and/or the Building-Top Sign or to restore the areas in which Tenant’s name on such Tenant's Signage monument sign and/or Building-Top Sign was located, as provided in the immediately preceding sentence, then Landlord may perform such work, and all actual costs reasonably incurred by Landlord in so performing performing, plus interest at the Interest Rate from the date of Landlord’s payment of such costs to the date of Tenant’s reimbursement to Landlord, shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant's ’s receipt of an invoice therefortherefore. The TCCs terms of this Section 23.3.4 23.7 shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Office Lease (Anaptysbio Inc), Office Lease (Anaptysbio Inc)

Cost and Maintenance. The costs of the actual signs comprising Tenant's ’s Signage and the installation, design, construction, and any and all other costs associated with Tenant's ’s Signage, including, without limitation, utility charges and hook-up fees, permits, and maintenance and repairs, shall be the sole responsibility of Tenant; provided that the costs and fees associated with the initial installation, design, and construction of such Tenant's Signage may, at Tenant's option, be deemed "FF&E," as that term is set forth in Section 2.2.5 of the Work Letter Agreement. Should Tenant's ’s Signage require repairs and/or maintenance, as determined in Landlord's ’s reasonable judgment, Landlord shall have the right to provide Notice notice thereof to Tenant and Tenant (except as set forth above) shall cause such repairs and/or maintenance to be performed within ten (10) business days or any reasonable date thereafter that work can be performed, after receipt of such Notice from Landlord, at Tenant's ’s sole cost and expense; provided, however, if such repairs and/or maintenance are reasonably expected to require longer than ten (10) business days to perform, Tenant shall commence such repairs and/or maintenance within such ten (10) business day period and shall diligently prosecute such repairs and maintenance to completion. Should Tenant fail to perform such repairs and/or maintenance within the periods described in the immediately preceding sentence, Landlord shall, upon the delivery of an additional five (5) business days' prior written notice, shall have the right to cause such work to be performed and to charge Tenant as Additional Rent for the cost of such work. Upon the expiration or earlier termination of this Lease, Tenant shall, at Tenant's ’s sole cost and expense, cause Tenant's ’s Signage to be removed and shall cause the areas in which such Tenant's ’s Signage was located to be restored to the condition existing immediately prior to the placement of such Tenant's ’s Signage (excepting normal wear and tear caused by the sun, rain and other elements to which such Tenant's ’s Signage is exposed). If Tenant fails to timely remove such Tenant's ’s Signage or to restore the areas in which such Tenant's ’s Signage was located, as provided in the immediately preceding sentence, then Landlord may perform such work, and all costs incurred by Landlord in so performing shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant's ’s receipt of an invoice therefor. The TCCs terms and conditions of this Section 23.3.4 25.4 shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Office Lease (Responsys Inc), Office Lease (Responsys Inc)

Cost and Maintenance. The costs of the actual signs -------------------- comprising Tenant's Signage and the installation, design, construction, and any and all other costs associated with Tenant's Signage, including, without limitation, utility charges and hook-up fees, permits, and maintenance and repairs, shall shall, subject to the terms and conditions of this Lease, be the sole responsibility of Tenant; provided that Landlord shall install the costs Project Monument Sign(s), at Landlord's sole cost and fees associated with the initial installation, designexpense, and construction Tenant shall be responsible for the cost of such Tenant's Signage maysign on the Project Monument Sign(s), at Tenant's option, be deemed "FF&E," as that term is but Landlord shall maintain all monument signs set forth in Section 2.2.5 this Article 23 in good condition and repair, the cost of which in connection with the Work Letter AgreementProject Monument Sign(s) shall be included in Operating Expenses. Should Tenant's Signage require repairs and/or maintenance, as determined in Landlord's reasonable judgment, Landlord shall have the right to provide Notice thereof to Tenant and Tenant (except as set forth above) shall cause such repairs and/or maintenance to be performed within ten thirty (1030) business days after receipt of such Notice from Landlord, at Tenant's sole cost and expense; provided, however, if such repairs and/or maintenance are reasonably expected to require longer than ten thirty (1030) business days to perform, Tenant shall commence such repairs and/or maintenance within such ten thirty (1030) business day period and shall diligently prosecute such repairs and maintenance to completion. Should Tenant fail to perform such repairs and/or maintenance within the periods described in the immediately preceding sentence, Landlord shall, upon the delivery of an additional five (5) business days' prior written notice, shall have the right to cause such work to be performed and to charge Tenant as Additional Rent for the actual cost of such workwork plus interest at the Interest Rate from the date of Landlord's payment of such actual costs to the date of Tenant's reimbursement to Landlord. Upon the expiration or earlier termination of this Lease, Tenant shall, at Tenant's sole cost and expense, cause Tenant's Signage to be removed and shall cause the areas in which such Tenant's Signage was located to be restored to the condition existing immediately prior to the placement of such Tenant's Signage (excepting normal wear and tear caused by the sun, rain and other elements to which such Tenant's Signage is exposed)Signage. If Tenant fails to timely remove such Tenant's Signage or to restore the areas in which such Tenant's Signage was located, as provided in the immediately preceding sentence, then Landlord may perform such work, and all actual costs incurred by Landlord in so performing performing, plus interest at the Interest Rate from the date of Landlord's payment of such costs to the date of Tenant's reimbursement to Landlord, shall be reimbursed by Tenant to Landlord within thirty ten (3010) days after Tenant's receipt of an invoice therefor. The TCCs terms and conditions of this Section 23.3.4 23.4.4 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (Diversa Corp)

Cost and Maintenance. The costs of the actual signs comprising Tenant's Signage and the installation, design, construction, and any and all other costs associated with Tenant's Signage, including, without limitation, utility charges and hook-up fees, permits, and maintenance and repairs, shall be the sole responsibility of Tenant; provided that provided, however, the actual costs and fees associated with the of such initial installation, design, design and construction of such Tenant's Signage may, at Tenant's option, shall be deemed "FF&E," as that term is set forth in Section 2.2.5 subject to reimbursement from the Tenant Improvement Allowance pursuant to SECTION 2.2.1 of the Tenant Work Letter AgreementLetter. Should Tenant's Signage require repairs and/or maintenance, as determined in Landlord's reasonable judgment, Landlord shall have the right to provide Notice thereof to Tenant and Tenant (except as set forth above) shall cause such repairs and/or maintenance to be performed within ten thirty (1030) business days after receipt of such Notice from Landlord, at Tenant's sole cost and expense; provided, however, if such repairs and/or maintenance are reasonably expected to require longer than ten thirty (1030) business days to perform, Tenant shall commence such repairs and/or maintenance within such ten thirty (1030) business day period and shall diligently prosecute such repairs and maintenance to completion. Should Tenant fail to perform such repairs and/or maintenance within the periods described in the immediately preceding sentence, Landlord shall, upon the delivery of an additional five ten (510) business days' prior written notice, have the right to cause such work to be performed and to charge Tenant as Additional Rent for the cost Actual Cost of such work. Upon the expiration or earlier termination of this Lease, Tenant shall, at Tenant's sole cost and expense, cause Tenant's Signage to be removed and shall cause the areas in which such Tenant's Signage was located to be restored to the condition existing immediately prior to the placement of such Tenant's Signage (excepting normal except for ordinary wear and tear caused by the sun, rain and other elements to which such Tenant's Signage is exposed)tear. If Tenant fails to timely remove such Tenant's Signage or to restore the areas in which such Tenant's Signage was located, as provided in the immediately preceding sentence, then Landlord may perform such work, and all costs Actual Costs incurred by Landlord in so performing shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant's -56- receipt of an invoice therefor. The TCCs of this Section 23.3.4 SECTION 23.4.4 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Vical Inc)

Cost and Maintenance. The costs of the actual signs comprising Tenant's Signage and the installation, design, construction, and any and all other costs associated with Tenant's Signage, including, without limitation, utility charges and hook-up fees, permits, and maintenance and repairs, shall be the sole responsibility of Tenant; provided that the costs and fees associated with the initial installation, design, and construction of such Tenant's Signage may, at Tenant's option, be deemed "FF&E," as that term is set forth in Section 2.2.5 of the Work Letter Agreement. Should Tenant's Signage require repairs and/or maintenance, as determined in Landlord's reasonable judgment, Landlord shall have the right to provide Notice thereof to Tenant and Tenant (except as set forth above) shall cause such repairs and/or maintenance to be performed within ten thirty (1030) business days after receipt of such Notice from Landlord, at Tenant's sole cost and expense; provided, however, if such repairs and/or maintenance are reasonably expected to require longer than ten thirty (1030) business days to perform, Tenant shall commence such repairs and/or maintenance within such ten thirty (1030) business day period and shall diligently prosecute such repairs and maintenance to completion. Should Tenant fail to perform such repairs and/or maintenance within the periods described in the immediately preceding sentence, Landlord shall, upon the delivery of an additional five (5) business days' prior written notice, have the right to cause such work to be performed and to charge Tenant as Additional Rent for the cost Actual Cost of such work. Upon the expiration or earlier termination of this Lease, Tenant shall, at Tenant's sole cost and expense, cause Tenant's Signage to be removed and shall cause the areas in which such Tenant's Signage was located to be restored to the condition existing immediately prior to the placement of such Tenant's Signage (excepting normal wear and tear caused by the sun, rain and other elements to which such Tenant's Signage is exposed)Signage. If Tenant fails to timely remove such Tenant's Signage or to restore the areas in which such Tenant's Signage was located, as provided in the immediately preceding sentence, then Landlord may perform such work, and all costs Actual Costs incurred by Landlord in so performing shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant's receipt of an invoice therefor. The TCCs of this Section 23.3.4 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Affymetrix Inc)

Cost and Maintenance. The costs of the actual signs comprising Tenant's Signage name on such monument sign and Building-Top Signage, as well as the installation, design, construction, and any and all other costs associated with Tenant's name on such monument signage and/or the Building-Top Signage, including, without limitation, utility charges and hook-up feeshookup fees (if applicable), permits, and maintenance and repairs, shall be the sole responsibility of Tenant; provided provided, that the costs and fees associated Landlord shall reasonably cooperate with the initial installation, design, and construction of such Tenant's Signage mayuse of Common Areas to allow Tenant to install, at operate, maintain and repair Tenant's option, be deemed "FF&E," as that term is set forth in Section 2.2.5 of name on such monument sign and/or the Work Letter AgreementBuilding-Top Signage. Should Tenant's name on such monument sign and/or the Building-Top Signage require repairs and/or maintenance, as determined in Landlord's reasonable judgment, Landlord shall have the right to provide Notice notice thereof to Tenant and Tenant (except as set forth above) shall cause such repairs and/or maintenance to commence to be performed within ten thirty (1030) business days after receipt of such Notice notice from Landlord, at Tenant's sole cost and expense; provided, however, if such repairs and/or maintenance are reasonably expected to require longer than ten thirty (1030) business days to perform, Tenant shall commence such repairs and/or maintenance within such ten thirty (1030) business day period and shall thereafter diligently prosecute such repairs and maintenance to completioncompletion at Tenant's sole cost and expense. Should Tenant fail to perform such repairs and/or maintenance within the periods described in the immediately preceding sentence, Landlord shall, upon the delivery of an additional five (5) business days' prior written notice, shall have the right to cause such work to be performed and to charge Tenant as Additional Rent for the actual reasonable cost of such workwork plus interest at the Interest Rate from the date of Landlord's payment of such actual costs to the date of Tenant's reimbursement to Landlord. Upon Tenant shall bear a pro rata share (based upon the number of tenants identified on any such monument sign) of all costs of maintenance and operation of such monument sign and all such costs shall be paid by Tenant to Landlord as Additional Rent within ten (10) days of receipt of Landlord's written demand therefor. Within a reasonable time following the expiration or earlier termination of this Lease (which shall in no event be later than thirty (30) days after such expiration or termination of this Lease), Tenant shall, at Tenant's sole cost and expense, cause commence, and thereafter shall diligently pursue, the removal of Tenant's Signage to be removed name from such monument sign and the Building-Top Signage, and shall cause the areas in which such Tenant's name on such monument sign and the Building-Top Signage was located to be restored to the condition existing immediately prior to the placement of such Tenant's Signage (excepting normal name on such monument signage and the installation of the Building-Top Signage, reasonable wear and tear caused by the sun, rain and other elements to which such Tenant's Signage is exposed)excepted. If Tenant fails to timely remove such Tenant's name from such monument sign and/or the Building-Top Signage or to restore the areas in which such Tenant's name on such monument sign and/or Building-Top Signage was located, as provided in the immediately preceding sentence, then Landlord may perform such work, and all actual reasonable costs reasonably incurred by Landlord in so performing performing, plus interest at the Interest Rate from the date of Landlord's payment of such costs to the date of Tenant's reimbursement to Landlord, shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant's receipt of an invoice therefor. The TCCs terms of this Section 23.3.4 23.7 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Broadcom Cayman L.P.)

Cost and Maintenance. If Landlord grants its approval, Tenant shall erect Tenant's Signage in accordance with the approved plans and specifications, in a good and workmanlike manner, in accordance with all Legal Requirements, restrictions (governmental or otherwise), and architectural guidelines in effect for the area in which the Building is located and the Project's signage program, so long as Tenant has received all requisite approvals thereunder (the "Sign Requirements"), and in a manner so as not to unreasonably interfere with the use of the Project grounds while such construction is taking place; thereafter, Tenant shall maintain Tenant's Signage in a good, clean and safe condition in accordance with the Sign Requirements, all at Tenant's sole cost and expense. The costs of the actual signs comprising Tenant's Signage and the installation, design, construction, and any and all other costs associated with Tenant's Signage, including, without limitation, metering and utility charges and hook-up fees, permits, and maintenance and repairs, shall be the sole responsibility of Tenant; provided that the costs and fees associated with the initial installation, design, and construction of such Tenant's Signage may, at Tenant's option, be deemed "FF&E," as that term is set forth in Section 2.2.5 of the Work Letter Agreement. Should Tenant's Signage require repairs and/or maintenance, as determined in Landlord's reasonable judgment, Landlord shall have the right to provide Notice notice thereof to Tenant and Tenant (except as set forth above) shall cause such repairs and/or maintenance to be performed within ten thirty (1030) business days after receipt of such Notice notice from Landlord, at Tenant's sole cost and expense; provided, however, if such repairs and/or maintenance are reasonably expected to require longer than ten thirty (1030) business days to perform, Tenant shall commence such repairs and/or maintenance within such ten thirty (1030) business day period and shall diligently prosecute such repairs and maintenance to completion. Should Tenant fail to perform such repairs and/or maintenance within the periods described in the immediately preceding sentence, Landlord shall, upon the delivery of an additional five ten (510) business days' prior written notice, have the right to cause such work to be performed and to charge Tenant as Additional Rent for the cost (including a percentage of the cost thereof sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs and/or maintenance) of such work. Upon the expiration or earlier termination of this LeaseLease (or earlier termination of Tenant's signage rights), Tenant shall, at Tenant's sole cost and expense, cause Tenant's Signage to be removed and shall cause the areas in which such Tenant's Signage was located to be restored to the condition existing immediately prior to the placement of such Tenant's Signage (excepting normal except for ordinary wear and tear caused by the sun, rain and other elements to which such Tenant's Signage is exposed)tear. If Tenant fails to timely remove such Tenant's Signage or to restore the areas in which such Tenant's Signage was located, as provided in the immediately preceding sentence, then Landlord may perform such work, and all costs incurred by Landlord in so performing (including a percentage of the cost thereof sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs and/or maintenance) shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant's receipt of an invoice therefor. The TCCs terms and conditions of this Section 23.3.4 31(d) shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Standard Office Lease (Glu Mobile Inc)

Cost and Maintenance. If Landlord grants its approval, Tenant shall erect Tenant's Signage in accordance with the approved plans and specifications, in a good and workmanlike manner, in accordance with all Laws, regulations, restrictions (governmental or otherwise), and architectural guidelines in effect for the area in which the Building is located and the Project's signage program, so long as Tenant has received all requisite approvals thereunder (the "Sign Requirements"), and in a manner so as not to unreasonably interfere with the use of the Project grounds while such construction is taking place; thereafter, Tenant shall maintain Tenant's Signage in a good, clean and safe condition in accordance with the Sign Requirements, all at Tenant's sole cost and expense. For all purposes under this Lease, the Tenant's Signage shall be deemed to be included within the definition of Tenant's Off-Premises Equipment. Tenant's obligations under this Section 23.3 are cumulative and in addition to all other obligations of Tenant under this Lease. The costs of the actual signs comprising Tenant's Signage and the installation, design, construction, and any and all other costs associated with Tenant's Signage, including, without limitation, metering and utility charges and hook-up fees, permits, and maintenance and repairs, shall be the sole responsibility of Tenant; provided that . If the costs and fees associated with the initial installation, design, and construction of such Tenant's Signage mayuses any electricity, at Tenant's optionTenant shall pay for the cost to purchase and install electrical submeter equipment and wiring, be deemed "FF&E," as that term is set forth in Section 2.2.5 of and thereafter Tenant shall pay to Landlord the Work Letter Agreementmonthly electrical submeter charges throughout the Term. Should Tenant's Signage require repairs and/or maintenance, as determined in Landlord's reasonable judgment, Landlord shall have the right to provide Notice notice thereof to Tenant and Tenant (except as set forth above) shall cause such repairs and/or maintenance to be performed within ten (10) business days after receipt of such Notice notice from Landlord, at Tenant's sole cost and expense; provided, however, if such repairs and/or maintenance are reasonably expected to require longer than ten (10) business days to perform, Tenant shall commence such repairs and/or maintenance within such ten (10) business day period and shall diligently prosecute such repairs and maintenance to completion. Should Tenant fail to perform such repairs and/or maintenance within the periods described in the immediately preceding sentence, Landlord shall, upon the delivery of an additional five (5) business days' prior written notice, shall have the right to cause such work to be performed and to charge Tenant as Additional Rent for the cost (including a percentage of the cost thereof sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs and/or maintenance) of such work. Upon the expiration or earlier termination of this LeaseLease (or earlier termination of Tenant's signage rights), Tenant shall, at Tenant's sole cost and expense, cause Tenant's Signage to be removed and shall cause the areas in which such Tenant's Signage was located to be restored to the condition existing immediately prior to the placement of such Tenant's Signage (excepting normal wear and tear caused by including the sun, rain and other elements to which such Tenant's Signage is exposedremoval of any discoloration). If Tenant fails to timely remove such Tenant's Signage or to restore the areas in which such Tenant's Signage was located, as provided in the immediately preceding sentence, then Landlord may perform such work, and all costs incurred by Landlord in so performing (including a percentage of the cost thereof sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs and/or maintenance) shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant's receipt of an invoice therefor. The TCCs terms and conditions of this Section 23.3.4 23.3 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (INPHI Corp)

Cost and Maintenance. Tenant shall at all times maintain Tenant’s Signage in good order, repair and condition to Landlord’s reasonable satisfaction. The costs of the actual signs sign comprising Tenant's Signage and the installation, design, construction, and any and all other costs associated with Tenant's Signage, including, without limitation, utility charges and hook-up fees, permits, and maintenance (including, if Tenant’s Signage is illuminated, relamping at reasonable intervals) and repairsrepair costs, shall be the sole responsibility of Tenant; provided that the costs and fees associated with the initial installation, design, and construction of such Tenant's Signage may, at Tenant's option, be deemed "FF&E," as that term is set forth in Section 2.2.5 of the Work Letter Agreement. Should Tenant's Signage require repairs and/or maintenance, as determined in Landlord's reasonable judgment, Landlord shall have the right to provide Notice notice thereof to Tenant and Tenant (except as set forth above) shall cause such repairs and/or maintenance to commence within five (5) business days after receipt of such notice from Landlord and be performed completed within ten (10) business days after receipt of such Notice notice from Landlord, at Tenant's sole cost and expense; provided, however, if such repairs and/or maintenance are reasonably expected to require longer than ten (10) business days to perform, Tenant shall commence such repairs and/or maintenance within such ten five (105) business day period and shall diligently prosecute such repairs and maintenance to completion. Should Tenant fail to perform such repairs and/or maintenance 95 within the periods described in the immediately preceding sentence, Landlord shall, upon the delivery of an additional five (5) business days' prior written notice, shall have the right to cause such work to be performed and to charge Tenant as Additional Rent additional rent for the reasonable and actual cost (including an administrative fee equal to five percent (5%)) of such work. Upon In the expiration event Tenant’s Signage (or earlier termination of this Leaseany portion thereof is illuminated), Tenant shallshall be responsible for the costs of electricity use in connection with the same (and the costs therefor shall not be included as part of Operating Expenses). Electricity for Tenant’s Signage may be submetered; provided, at however, if electricity for Tenant's sole cost and expense, cause Tenant's Signage to be removed and shall cause the areas in which such Tenant's Signage was located to be restored to the condition existing immediately prior to the placement of such Tenant's Signage (excepting normal wear and tear caused by the sun, rain and other elements to which such Tenant's ’s Signage is exposed)not submetered, then (i) Landlord shall equitably estimate the cost of electricity for Tenant’s Signage; and (ii) Tenant shall pay Landlord the cost of electricity, as reasonably estimated by Landlord for Tenant’s Signage, within thirty (30) days after Landlord invoices Tenant therefor together with reasonable supporting evidence. If Tenant fails to timely remove such electricity for Tenant's ’s Signage or to restore the areas in which such Tenant's Signage was located, as provided in the immediately preceding sentenceis submetered, then Landlord may perform such work, and all Tenant shall pay the costs incurred by Landlord in so performing shall be reimbursed by Tenant of electricity to Landlord within thirty (30) days after Tenant's receipt of an invoice Landlord invoices Tenant therefor. The TCCs of this Section 23.3.4 shall survive , based upon the expiration or earlier termination of this Leasemetered readings.

Appears in 1 contract

Samples: Office Lease (Okta, Inc.)

Cost and Maintenance. The costs of the actual signs comprising Tenant's Signage and the installation, design, construction, and any and all other costs associated with Tenant's Signage, including, without limitation, utility charges and hook-up fees, permits, and maintenance and repairs, shall shall, subject to the terms and conditions of this Lease, be the sole responsibility of Tenant; provided that Landlord shall install the costs Project Monument Sign(s), at Landlord's sole cost and fees associated with the initial installation, designexpense, and construction Tenant shall be responsible for the cost of such Tenant's Signage maysign on the Project Monument Sign(s), at Tenant's option, be deemed "FF&E," as that term is but Landlord shall maintain all monument signs set forth in Section 2.2.5 this Article 23 in good condition and repair, the cost of which in connection with the Work Letter AgreementProject Monument Sign(s) shall be included in Operating Expenses. Should Tenant's Signage require repairs and/or maintenance, as determined in Landlord's reasonable judgment, Landlord shall have the right to provide Notice thereof to Tenant and Tenant (except as set forth above) shall cause such repairs and/or maintenance to be performed within ten thirty (1030) business days after receipt of such Notice from Landlord, at Tenant's sole cost and expense; provided, however, if such repairs and/or maintenance are reasonably expected to require longer than ten thirty (1030) business days to perform, Tenant shall commence such repairs and/or maintenance within such ten thirty (1030) business day period and shall diligently prosecute such repairs and maintenance to completion. Should Tenant fail to perform such repairs and/or maintenance within the periods described in the immediately preceding sentence, Landlord shall, upon the delivery of an additional five (5) business days' prior written notice, shall have the right to cause such work to be performed and to charge Tenant as Additional Rent for the actual cost of such workwork plus interest at the Interest Rate from the date of Landlord's payment of such actual costs to the date of Tenant's reimbursement to Landlord. Upon the expiration or earlier termination of this Lease, Tenant shall, at Tenant's sole cost and expense, cause Tenant's Signage to be removed and shall cause the areas in which such Tenant's Signage was located to be restored to the condition existing immediately prior to the placement of such Tenant's Signage (excepting normal wear and tear caused by the sun, rain and other elements to which such Tenant's Signage is exposed)Signage. If Tenant fails to timely remove such Tenant's Signage or to restore the areas in which such Tenant's Signage was located, as provided in the immediately preceding sentence, then Landlord may perform such work, and all actual costs incurred by Landlord in so performing performing, plus interest at the Interest Rate from the date of Landlord's payment of such costs to the date of Tenant's reimbursement to Landlord, shall be reimbursed by Tenant to Landlord within thirty ten (3010) days after Tenant's receipt of an invoice therefor. The TCCs terms and conditions of this Section 23.3.4 23.4.4 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Newgen Results Corp)

Cost and Maintenance. The costs of the actual signs comprising Tenant's ’s Signage and the installation, design, construction, and any and all other costs associated with Tenant's ’s Signage, including, without limitation, utility charges and hook-up fees, permits, and maintenance and repairs, shall be the sole responsibility of Tenant; provided that the costs and fees associated with the initial installation, design, and construction of such Tenant's ’s Signage may, at Tenant's ’s option, be deemed "FF&Ea “Improvement Allowance Item," as that term is set forth in Section 2.2.5 2.2 of the Work Letter AgreementAgreements; provided further that Landlord shall construct and install the Building Monument Sign(s) (including, but not limited to, running sufficient power and utilities to the site of the Building Monument Sign), at Tenant’s sole cost and expense, and Tenant shall be responsible for the cost of Tenant’s sign on the Building Monument Sign(s), but Landlord shall maintain all monument signs set forth in this Article 23 in good condition and repair, the cost of which in connection with the Building Monument Sign(s) shall be included in Operating Expenses. Should Tenant's ’s Signage require repairs and/or maintenance, as determined in Landlord's ’s reasonable judgment, Landlord shall have the right to provide Notice thereof to Tenant and Tenant (except as set forth above) shall cause such repairs and/or maintenance to be performed within ten thirty (1030) business days after receipt of such Notice from Landlord, at Tenant's ’s sole cost and expense; provided, however, if such repairs and/or maintenance are reasonably expected to require longer than ten thirty (1030) business days to perform, Tenant shall commence such repairs and/or maintenance within such ten thirty (1030) business day period and shall diligently prosecute such repairs and maintenance to completion. Should Tenant fail to perform such repairs and/or maintenance within the periods described in the immediately preceding sentence, Landlord shall, upon the delivery of an additional five (5) business days' prior written notice, have the right to cause such work to be performed and to charge Tenant as Additional Rent for the cost Actual Cost of such work. Upon the expiration or earlier termination of this Lease, Tenant shall, at Tenant's ’s sole cost and expense, cause Tenant's ’s Signage to be removed and shall cause the areas in which such Tenant's ’s Signage was located to be restored to the condition existing immediately prior to the placement of such Tenant's ’s Signage (excepting normal wear and tear caused by the sun, rain and other elements to which such Tenant's ’s Signage is exposed). If Tenant fails to timely remove such Tenant's ’s Signage or to restore the areas in which such Tenant's ’s Signage was located, as provided in the immediately preceding sentence, then Landlord may perform such work, and all costs Actual Costs incurred by Landlord in so performing shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant's ’s receipt of an invoice therefor. The TCCs of this Section 23.3.4 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Work Letter Agreement (Dexcom Inc)

Cost and Maintenance. If Landlord grants its approval, Tenant shall erect Tenant’s Signage in accordance with the approved plans and specifications, in a good and workmanlike manner, in accordance with all Applicable Laws, so long as Tenant has received all requisite approvals thereunder (the “Sign Requirements”), and in a manner so as not to unreasonably interfere with the use of the Project grounds while such construction is taking place; thereafter, Tenant shall maintain Tenant’s Signage in a good, clean and safe condition in accordance with the Sign Requirements, all at Tenant’s sole cost and expense. Subject to the TCCs of this Article 23, including the process for Landlord’s review and approval of Tenant’s Signage, Tenant’s Signage shall be constructed pursuant to the TCCs of Article 8 above, if an Alteration, or pursuant to the TCCs of the Tenant Work Letter, if a Tenant Improvement. For all purposes under this Lease, the Tenant’s Signage shall be deemed to be included within the definition of Tenant’s Off-Premises Equipment. Tenant’s obligations under this Section 23.4 are cumulative and in addition to all other obligations of Tenant under this Lease. The costs of the actual signs comprising Tenant's ’s Signage and the installation, design, construction, and any and all other costs associated with Tenant's ’s Signage, including, without limitation, metering and utility charges and hook-up fees, permits, and maintenance and repairs, shall be the sole responsibility of Tenant; provided that , subject to the costs and fees associated with the initial installation, design, and construction of such Tenant's Signage may, at Tenant's option, be deemed "FF&E," as that term is set forth in Section 2.2.5 of the Work Letter AgreementTenant Improvement Allowance. Should Tenant's ’s Signage require repairs and/or maintenance, as determined in Landlord's ’s reasonable judgment, Landlord shall have the right to provide Notice notice thereof to Tenant and Tenant (except as set forth above) shall cause such repairs and/or maintenance to be performed within ten thirty (1030) business days after receipt of such Notice notice from Landlord, at Tenant's ’s sole cost and expense; provided, however, if such repairs and/or maintenance are reasonably expected to require longer than ten thirty (1030) business days to perform, Tenant shall commence such repairs and/or maintenance within such ten thirty (1030) business day period and shall diligently prosecute such repairs and maintenance to completion. Should Tenant fail to commence to perform such repairs and/or maintenance within the periods described in the immediately preceding sentencesentence or thereafter fail to diligently pursue the same to completion, Landlord shall, upon the delivery of an additional five ten (510) business days' prior written notice, have the right to cause such work to be performed and to charge Tenant as Additional Rent for the actual cost of such work. Upon the expiration or earlier termination of this LeaseLease (or earlier termination of Tenant’s signage rights), Tenant shall, at Tenant's ’s sole cost and expense, cause Tenant's ’s Signage to be removed and shall cause the areas in which such Tenant's ’s Signage was located to be restored to the condition existing immediately prior to the placement of such Tenant's ’s Signage (excepting normal except for ordinary wear and tear caused by the sun, rain and other elements to which such Tenant's Signage is exposed)tear. If Tenant fails to timely remove such Tenant's ’s Signage or to restore the areas in which such Tenant's ’s Signage was located, as provided in the immediately preceding sentence, then Landlord may perform such work, and all reasonable and actual costs incurred by Landlord in so performing shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant's ’s receipt of an invoice therefor. The TCCs of this Section 23.3.4 23.4 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (F5 Networks Inc)

Cost and Maintenance. The costs of the actual signs comprising Tenant's Signage and the installation, design, construction, and any and all other costs associated with Tenant's Signage, including, without limitation, utility charges and hook-up fees, permits, and maintenance and repairs, shall be the sole responsibility of Tenant; provided that provided, however, up to a total of Ten Thousand and No/100 Dollars ($10,000.00) of the actual costs and fees associated with the of such initial installation, design, design and construction of such Tenant's Signage may, at Tenant's option, shall be deemed "FF&E," as that term is set forth in subject to reimbursement from the Tenant Improvement Allowance pursuant to Section 2.2.5 2.2.1 of the Tenant Work Letter AgreementLetter. Should Tenant's Signage require repairs and/or maintenance, as determined in Landlord's reasonable judgment, Landlord shall have the right to provide Notice notice thereof to Tenant and Tenant (except as set forth above) shall cause such repairs and/or maintenance to be performed within ten thirty (1030) business days after receipt of such Notice notice from Landlord, at Tenant's sole cost and expense; provided, however, if such repairs and/or maintenance are reasonably expected to require longer than ten thirty (1030) business days to perform, Tenant shall commence such repairs and/or maintenance within such ten thirty (1030) business day period and shall diligently prosecute such repairs and maintenance to completion. Should Tenant fail to perform such repairs and/or maintenance within the periods described in the immediately preceding sentence, Landlord shall, upon the delivery of an additional five ten (510) business days' prior written notice, have the right to cause such work to be performed and to charge Tenant as Additional Rent for the cost (including a percentage of the cost thereof sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs and/or maintenance) of such work. Upon the expiration or earlier termination of this Lease, Tenant shall, at Tenant's sole cost and expense, cause Tenant's Signage to be removed and shall cause the areas in which such Tenant's Signage was located to be restored to the condition existing immediately prior to the placement of such Tenant's Signage (excepting normal except for ordinary wear and tear caused by the sun, rain and other elements to which such Tenant's Signage is exposed)tear. If Tenant fails to timely remove such Tenant's Signage or to restore the areas in which such Tenant's Signage was located, as provided in the immediately preceding sentence, then Landlord may perform such work, and all costs incurred by Landlord in so performing (including a percentage of the cost thereof sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs and/or maintenance) shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant's receipt of an invoice therefor. The TCCs of this Section 23.3.4 23.2.4 shall survive the expiration or earlier termination of this Lease.. ARTICLE 24

Appears in 1 contract

Samples: Center Office Lease (Farville Inc)

Cost and Maintenance. The costs of the actual signs comprising Tenant's ’s Signage and the installation, design, construction, and any and all other costs associated with Tenant's ’s Signage, including, without limitation, utility charges and hook-up fees, permits, and maintenance and repairs, shall be the sole responsibility of Tenant; provided that the costs and fees associated with the initial installation, design, and construction of such Tenant's ’s Signage may, at Tenant's ’s option, be deemed "FF&Ea “Tenant Improvement Allowance Item," as that term is set forth in Section 2.2.5 2.2 of the Tenant Work Letter AgreementLetter; provided further that Landlord shall construct and install the Project Monument Sign(s) (including, but not limited to, running sufficient power and utilities to the site of the Project Monument Sign), at Tenant’s sole cost and expense, and Tenant shall be responsible for the cost of Tenant’s sign on the Project Monument Sign(s), but Landlord shall maintain all monument signs set forth in this Article 23 in good condition and repair, the cost of which in connection with the Project Monument Sign(s) shall be included in Operating Expenses. Should Tenant's ’s Signage require repairs and/or maintenance, as determined in Landlord's ’s reasonable judgment, Landlord shall have the right to provide Notice thereof to Tenant and Tenant (except as set forth above) shall cause such repairs and/or maintenance to be performed within ten thirty (1030) business days after receipt of such Notice from Landlord, at Tenant's ’s sole cost and expense; provided, however, if such repairs and/or maintenance are reasonably expected to require longer than ten thirty (1030) business days to perform, Tenant shall commence such repairs and/or maintenance within such ten thirty (1030) business day period and shall diligently prosecute such repairs and maintenance to completion. Should Tenant fail to perform such repairs and/or maintenance within the periods described in the immediately preceding sentence, Landlord shall, upon the delivery of an additional five (5) business days' prior written notice, have the right to cause such work to be performed and to charge Tenant as Additional Rent for the cost Actual Cost of such work. Upon the expiration or earlier termination of this Lease, Tenant shall, at Tenant's ’s sole cost and expense, cause Tenant's ’s Signage to be removed and shall cause the areas in which such Tenant's ’s Signage was located to be restored to the condition existing immediately prior to the placement of such Tenant's ’s Signage (excepting normal wear and tear caused by the sun, rain and other elements to which such Tenant's ’s Signage is exposed). If Tenant fails to timely remove such Tenant's ’s Signage or to restore the areas in which such Tenant's ’s Signage was located, as provided in the immediately preceding sentence, then Landlord may perform such work, and all costs Actual Costs incurred by Landlord in so performing shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant's ’s receipt of an invoice therefor. The TCCs of this Section 23.3.4 23.4.4 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Memec Inc)

Cost and Maintenance. The costs of the actual signs comprising Tenant's ’s name on Tenant’s Signage and the installation, design, construction, and any and all other costs associated with Tenant's ’s Signage, including, without limitation, any utility charges and hook-up feesfees (if applicable), permits, and maintenance and repairs, shall be the sole responsibility of Tenant; provided that the costs Landlord shall reasonably cooperate with Tenant’s use of Common Areas to allow Tenant to install, operate, maintain and fees associated with the initial installation, design, and construction of such repair Tenant's Signage may, at Tenant's option, be deemed "FF&E," as that term is set forth in Section 2.2.5 of the Work Letter Agreement’s Signage. Should Tenant's ’s Signage require repairs and/or maintenance, as determined in Landlord's reasonable judgment, Landlord shall have the right to provide Notice notice thereof to Tenant and Tenant (except as set forth above) shall cause such repairs and/or maintenance to commence to be performed within ten thirty (1030) business days after receipt of such Notice notice from Landlord, at Tenant's ’s sole cost and expense; provided, however, if such repairs and/or maintenance are reasonably expected to require longer than ten thirty (1030) business days to perform, Tenant shall commence such repairs and/or maintenance within such ten thirty (1030) business day period and shall thereafter diligently prosecute such repairs and maintenance to completioncompletion at Tenant’s sole cost and expense. Should Tenant fail to perform such repairs and/or maintenance within the periods described in the immediately preceding sentence, Landlord shall, upon the delivery of an additional five (5) business days' prior written notice, shall have the right to cause such work to be performed and to charge Tenant as Additional Rent for the actual cost of such workwork plus interest at the Interest Rate from the date of Landlord’s payment of such actual costs to the date of Tenant’s reimbursement to Landlord. Upon Tenant shall bear a pro rata share (based upon the number of tenants identified on such Monument Signage) of all costs of maintenance and operation of such Monument Signage and all such costs shall be paid by Tenant to Landlord as Additional Rent within ten (10) days of receipt of Landlord’s written demand therefor. Within a reasonable time following the expiration or earlier termination of this Lease (which shall in no event be later than thirty (30) days after such expiration or termination of this Lease), Tenant shall, at Tenant's ’s sole cost and expense, cause commence, and thereafter shall diligently pursue, the removal of Tenant's Signage to be removed ’s Signage, and shall cause the areas in which such Tenant's ’s Signage was located to be restored to the condition existing immediately prior to the placement of such Tenant's Signage (excepting normal wear and tear caused by the sun, rain and other elements to which such Tenant's Signage is exposed)’s Signage. If Tenant fails to timely remove such Tenant's ’s Signage or to restore the areas in which such Tenant's ’s Signage was located, as provided in the immediately preceding sentence, then Landlord may perform such work, and all actual costs reasonably incurred by Landlord in so performing performing, plus interest at the Interest Rate from the date of Landlord’s payment of such costs to the date of Tenant’s reimbursement to Landlord, shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant's ’s receipt of an invoice therefortherefore. The TCCs terms of this Section 23.3.4 23.7 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Volcano Corp)

Cost and Maintenance. The costs of the actual signs comprising Tenant's ’s name on such Monument Signage and/or Building-Top Signage and the installation, design, construction, and any and all other costs associated with Tenant's ’s name on such Monument Signage and/or Building-Top Signage, including, without limitation, utility charges and hook-up feesfees (if applicable), permits, and maintenance and repairs, shall be the sole responsibility of Tenant; provided that the costs Landlord shall reasonably cooperate with Tenant’s use of Common Areas to allow Tenant to install, operate, maintain and fees associated with the initial installation, design, and construction of repair Tenant’s name on such Tenant's Monument Signage may, at Tenant's option, be deemed "FF&E," as that term is set forth in Section 2.2.5 of the Work Letter Agreementand/or Building-Top Signage. Should Tenant's ’s name on such Monument Signage and/or Building-Top Signage require repairs and/or maintenance, as determined in Landlord's reasonable judgment, Landlord shall have the right to provide Notice notice thereof to Tenant and Tenant (except as set forth above) shall cause such repairs and/or maintenance to commence to be performed within ten thirty (1030) business days after receipt of such Notice notice from Landlord, at Tenant's ’s sole cost and expense; provided, however, if such repairs and/or maintenance are reasonably expected to require longer than ten thirty (1030) business days to perform, Tenant shall commence such repairs and/or maintenance within such ten thirty (1030) business day period and shall thereafter diligently prosecute such repairs and maintenance to completioncompletion at Tenant’s sole cost and expense. Should Tenant fail to perform such repairs and/or maintenance within the periods described in the immediately preceding sentence, Landlord shall, upon the delivery of an additional five (5) business days' prior written notice, shall have the right to cause such work to be performed and to charge Tenant as Additional Rent for the actual cost of such workwork plus interest at the Interest Rate from the date of Landlord’s payment of such actual costs to the date of Tenant’s reimbursement to Landlord. Upon Tenant shall bear a pro rata share (based upon the number of tenants identified on such Monument Signage) of all costs of maintenance and operation of such Monument Signage and all such costs shall be paid by Tenant to Landlord as Additional Rent within ten (10) days of receipt of Landlord’s written demand therefor. Within a reasonable time following the expiration or earlier termination of this Lease (which shall in no event be later than thirty (30) days after such expiration or termination of this Lease), Tenant shall, at Tenant's ’s sole cost and expense, cause commence, and thereafter shall diligently pursue, the removal of Tenant's ’s name from such Monument Signage to be removed and/or Building-Top Signage, and shall cause the areas in which such Tenant's ’s name on such Monument Signage and/or Building-Top Signage was located to be restored to the condition existing immediately prior to the placement of such Tenant's ’s name on such Monument Signage (excepting normal wear and tear caused by the sun, rain and other elements to which such Tenant's Signage is exposed)and/or Building-Top Signage. If Tenant fails to timely remove Tenant’s name from such Tenant's Monument Signage and/or Building-Top Signage or to restore the areas in which Tenant’s name on such Tenant's Monument Signage and/or Building-Top Signage was located, as provided in the immediately preceding sentence, then Landlord may perform such work, and all actual costs reasonably incurred by Landlord in so performing performing, plus interest at the Interest Rate from the date of Landlord’s payment of such costs to the date of Tenant’s reimbursement to Landlord, shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant's ’s receipt of an invoice therefortherefore. The TCCs terms of this Section 23.3.4 23.5.5 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (SERVICE-NOW.COM)

Cost and Maintenance. The costs of the actual signs comprising Tenant's ’s Signage and the installation, design, construction, and any and all other costs associated with Tenant's ’s Signage, including, without limitation, utility charges and hook-up fees, permits, and maintenance and repairs, shall be the sole responsibility of Tenant; provided that the costs and fees associated with the initial installation, design, and construction of such Tenant's Signage may, at Tenant's option, be deemed "FF&E," as that term is set forth in Section 2.2.5 of the Work Letter Agreement. Should Tenant's ’s Signage require repairs and/or maintenance, as determined in Landlord's ’s reasonable judgment, Landlord shall have the right to provide Notice notice thereof to Tenant and Tenant (except as set forth above) shall cause such repairs and/or maintenance to be performed within ten thirty (1030) business days after receipt of such Notice notice from Landlord, at Tenant's ’s sole cost and expense; provided, however, if such repairs and/or maintenance are reasonably expected to require longer than ten thirty (1030) business days to perform, Tenant shall commence such repairs and/or maintenance within such ten thirty (1030) business day period and shall diligently prosecute such repairs and maintenance to completion. Should Tenant fail to perform such repairs and/or maintenance within the periods described in the immediately preceding sentence, Landlord shall, upon the delivery of an additional five (5) business days' prior written notice, shall have the right to cause such work to be performed and to charge Tenant as Additional Rent for the actual cost of such work. Upon the expiration or earlier termination of this Lease, Tenant shall, at Tenant's ’s sole cost and expense, cause Tenant's ’s Signage to be removed and shall cause the areas in which such Tenant's ’s Signage was located to be restored to the condition existing immediately prior to the placement of such Tenant's ’s Signage (excepting normal wear and tear caused by the sun, rain and other elements to which such Tenant's ’s Signage is exposed). If Tenant fails to timely remove such Tenant's ’s Signage or to restore the areas in which such Tenant's ’s Signage was located, as provided in the immediately preceding sentence, then Landlord may perform such work, and all actual costs incurred by Landlord in so performing shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant's ’s receipt of an invoice therefor. The TCCs of this Section 23.3.4 23.4.4 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Entropic Communications Inc)

Cost and Maintenance. The costs of the actual signs comprising Tenant's Signage and the installation, design, construction, and any and all other costs associated with Tenant's Signage, including, without limitation, utility charges and hook-up fees, permits, and maintenance and repairs, shall be the sole responsibility of Tenant; provided that , except as otherwise set forth on Exhibit H-3 attached hereto. Notwithstanding the costs foregoing, where a sign or plaque would have been required in the Building (e.g. directional signage, required plaques in public open spaces, etc.), Landlord shall be responsible for the cost and fees associated with expense of installing such sign or plaque and Tenant shall only be responsible for the initial installation, design, and construction incremental increase in cost of placing the Project Name or Project Xxxx on such Tenant's Signage maysign or plaque. Tenant shall, at Tenant's optionown expense, be deemed "FF&E," as that term is set forth in Section 2.2.5 of the Work Letter Agreement. Should keep Tenant's Signage require repairs and/or maintenancein good order, repair and condition at all times during the Lease Term (as determined in Landlord's reasonable judgment, Landlord shall have the right to provide Notice thereof to Tenant and Tenant (except as set forth above) shall cause such repairs and/or maintenance to same may be performed within ten (10) business days after receipt of such Notice from Landlord, at Tenant's sole cost and expense; provided, however, if such repairs and/or maintenance are reasonably expected to require longer than ten (10) business days to perform, Tenant shall commence such repairs and/or maintenance within such ten (10) business day period and shall diligently prosecute such repairs and maintenance to completion. Should Tenant fail to perform such repairs and/or maintenance within the periods described in the immediately preceding sentence, Landlord shall, upon the delivery of an additional five (5) business days' prior written notice, have the right to cause such work to be performed and to charge Tenant as Additional Rent for the cost of such workextended). Upon the expiration or earlier termination of this LeaseLease or Tenant's right to exercise the applicable Tenant's Signage and Naming Right, Tenant shall, at Tenant's sole cost and expense, cause Tenant's Signage to be removed and shall cause the areas in which such Tenant's Signage was located to be restored to the condition existing immediately prior to the placement of such Tenant's Signage (excepting normal except for ordinary wear and tear caused by the sun, rain and other elements to which such Tenant's Signage is exposed)tear. If Tenant fails to timely remove such Tenant's Signage or to restore the areas in which such Tenant's Signage was located, as provided in the immediately preceding sentence, then Landlord may perform such work, and all costs incurred by Landlord in so performing (including a percentage of the cost thereof sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs and/or maintenance) shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant's receipt of an invoice therefortherefor together with reasonable supporting evidence. The TCCs of this Section 23.3.4 23.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Salesforce Com Inc)

Cost and Maintenance. The costs of the actual signs comprising Tenant's Signage and the installation, design, construction, and any and all other costs associated with Tenant's Signage, including, without limitation, utility charges and hook-up fees, permits, and maintenance and repairs, shall be the sole responsibility of Tenant; provided that Landlord shall construct and install the costs Project Monument Sign(s) (including, but not limited to, running sufficient power and fees associated with utilities to the initial installation, design, and construction site of such Tenant's Signage maythe Project Monument Sign), at Tenant's optionsole cost and expense, and Tenant shall be deemed "FF&E," as that term is responsible for the cost of Tenant's sign on the Project Monument Sign(s), but Landlord shall maintain all monument signs set forth in Section 2.2.5 this Article 23 in good condition and repair, the cost of which in connection with the Work Letter AgreementProject Monument Sign(s) shall be included in Operating Expenses. Should Tenant's Signage require repairs and/or maintenance, as determined in Landlord's reasonable judgment, Landlord shall have the right to provide Notice thereof to Tenant and Tenant (except as set forth above) shall cause such repairs and/or maintenance to be performed within ten thirty (1030) business days after receipt of such Notice from Landlord, at Tenant's sole cost and expense; provided, however, if such repairs and/or maintenance are reasonably expected to require longer than ten thirty (1030) business days to perform, Tenant shall commence such repairs and/or maintenance within such ten thirty (1030) business day period and shall diligently prosecute such repairs and maintenance to completion. Should Tenant fail to perform such repairs and/or maintenance within the periods described in the immediately preceding sentence, Landlord shall, upon the delivery of an additional five (5) business days' prior written notice, have the right to cause such work to be performed and to charge Tenant as Additional Rent for the cost Actual Cost of such work. Upon the expiration or earlier termination of this Lease, Tenant shall, at Tenant's sole cost and expense, cause Tenant's Signage to be removed and shall cause the areas in which such Tenant's Signage was located to be restored to the condition existing immediately prior to the placement of such Tenant's Signage (excepting normal wear and tear caused by the sun, rain and other elements to which such Tenant's Signage is exposed)Signage. If Tenant fails to timely remove such Tenant's Signage or to restore the areas in which such Tenant's Signage was located, as provided in the immediately preceding sentence, then Landlord may perform such work, and all costs Actual Costs incurred by Landlord in so performing shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant's receipt of an invoice therefor. The TCCs of this Section 23.3.4 23.4.4 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Affymetrix Inc)

Cost and Maintenance. The costs of the actual signs comprising Tenant's Signage and ’s name and/or company logo on such monument sign, as well as the installation, design, construction, and any and all other costs associated with Tenant's Signage’s name on such monument signage, including, without limitation, utility charges and hook-up feesfees (if applicable), permits, and maintenance and repairs, shall be the sole responsibility of Tenant; provided that the costs Landlord shall reasonably cooperate with Tenant’s use of Common Areas to allow Tenant to install, operate, maintain and fees associated with the initial installation, design, and construction of repair Tenant’s name and/or company logo on such Tenant's Signage may, at Tenant's option, be deemed "FF&E," as that term is set forth in Section 2.2.5 of the Work Letter Agreementmonument sign. Should Tenant's Signage ’s name and/or company logo on such monument sign require repairs and/or maintenance, as determined in Landlord's reasonable judgment, Landlord shall have the right to provide Notice notice thereof to Tenant and Tenant (except as set forth above) shall cause such repairs and/or maintenance to commence to be performed within ten thirty (1030) business days after receipt of such Notice notice from Landlord, at Tenant's ’s sole cost and expense; provided, however, if such repairs and/or maintenance are reasonably expected to require longer than ten thirty (1030) business days to perform, then Tenant shall commence such repairs and/or maintenance within such ten thirty (1030) business day period and shall thereafter diligently prosecute such repairs and maintenance to completioncompletion at Tenant’s sole cost and expense. Should Tenant fail to perform such repairs and/or maintenance within the periods described in the immediately preceding sentence, Landlord shall, upon the delivery of an additional five (5) business days' prior written notice, shall have the right to cause such work to be performed and to charge Tenant as Additional Rent for the actual out of pocket cost of such workwork plus interest at the Interest Rate from the date of Landlord’s payment of such actual costs to the date of Tenant’s reimbursement to Landlord. Upon Tenant shall bear a pro rata share (based upon the number of tenants identified on any such monument sign) of all costs of maintenance and operation of such monument sign and all such costs shall be paid by Tenant to Landlord as Additional Rent within ten (10) days of receipt of Landlord’s written demand therefor. Within a reasonable time following the expiration or earlier termination of this Lease (which shall in no event be later than thirty (30) days after such expiration or termination of this Lease), Tenant shall, at Tenant's ’s sole cost and expense, cause commence, and thereafter shall diligently pursue, the removal of Tenant's Signage to be removed ’s name and/or company logo from such monument sign, and shall cause the areas in which such Tenant's Signage ’s name and/or company logo on such monument sign was located to be restored to the condition existing immediately prior to the placement of such Tenant's Signage (excepting normal wear and tear caused by the sun, rain and other elements to which ’s name and/or company logo on such Tenant's Signage is exposed)monument signage. If Tenant fails to timely remove Tenant’s name from such Tenant's Signage monument sign or to restore the areas in which Tenant’s name on such Tenant's Signage monument sign was located, as provided in the immediately preceding sentence, then Landlord may perform such work, and all actual costs reasonably incurred by Landlord in so performing performing, plus interest at the Interest Rate from the date of Landlord’s payment of such costs to the date of Tenant’s reimbursement to Landlord, shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant's ’s receipt of an a written invoice therefor. The TCCs terms of this Section 23.3.4 23.7 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Genesis Campus Point (Heron Therapeutics, Inc. /De/)

Cost and Maintenance. Tenant shall at all times maintain Tenant’s Lobby Sign in first-class order, condition and repair to Landlord reasonable satisfaction; provided, that, Landlord shall grant Tenant exclusive access to and use of all of Tenant’s apparatus, devices and equipment necessary to program, operate, use and maintain the Tenant’s Lobby Sign and access to the portions of the Project wherein such apparatus, devices and equipment are or may be located. The costs of the actual signs comprising Tenant's Signage ’s Lobby Sign and the installation, design, construction, and any and all other costs associated with Tenant's Signage’s Lobby Sign, including, without limitation, utility charges and hook-up fees, permits, permits and maintenance and repairsrepair costs, shall be the sole responsibility of Tenant; provided that . Tenant shall be solely responsible for the costs and fees associated with the initial installation, design, and construction of such providing electricity to Tenant's Signage may, ’s Lobby Sign according to a separate submeter installed at Tenant's option, be deemed "FF&E," as that term is set forth in Section 2.2.5 of the Work Letter Agreement’s Lobby Sign at Tenant’s expense. Should Tenant's Signage ’s Lobby Sign require repairs and/or maintenance, as determined in Landlord's reasonable judgment, Landlord shall have the right to provide Notice notice thereof to Tenant and Tenant (except as set forth above) shall cause such repairs and/or maintenance to commence within five (5) business days after receipt of such notice from Landlord and be performed completed within ten (10) business days after receipt of such Notice notice from Landlord, at Tenant's sole cost and expense; provided, however, if such repairs and/or maintenance are reasonably expected to require longer than ten (10) business days to perform, Tenant shall commence such repairs and/or maintenance within such ten five (105) business day period and shall diligently prosecute such repairs and maintenance to completion. Should Tenant fail to perform such repairs and/or maintenance within the periods described in the immediately preceding sentence, Landlord shall, upon the delivery of an additional five (5) business days' prior written notice, shall have the right to cause such work to be performed and to charge Tenant as Additional Rent additional rent for the reasonable and actual cost (including an administrative fee equal to five percent (5%)) of such work. Upon the expiration or earlier termination of this Lease, Tenant shall, at Tenant's sole cost and expense, cause Tenant's Signage to be removed and shall cause the areas in which such Tenant's Signage was located to be restored to the condition existing immediately prior to the placement of such Tenant's Signage (excepting normal wear and tear caused by the sun, rain and other elements to which such Tenant's Signage is exposed). If Tenant fails to timely remove such Tenant's Signage or to restore the areas in which such Tenant's Signage was located, as provided in the immediately preceding sentence, then Landlord may perform such work, and all costs incurred by Landlord in so performing shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant's receipt of an invoice therefor. The TCCs of this Section 23.3.4 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Okta, Inc.)

Cost and Maintenance. The costs of the actual signs comprising Tenant's ’s Exterior Signage and the installation, design, construction, construction and any and all other costs associated with Tenant's ’s Exterior Signage, including, without limitation, utility charges and hook-up fees, permits, and maintenance and repairs, shall be the sole responsibility of Tenant; provided that the costs and fees associated . Landlord shall have no obligations or liability in connection with Tenant’s Exterior Signage, including, without limitation, in connection with the initial installationinstallation or maintenance thereof, design, and construction all of such which shall be Tenant's Signage may, at Tenant's option, be deemed "FF&E," as that term is set forth in Section 2.2.5 of the Work Letter Agreement’s sole responsibility. Should Tenant's ’s Exterior Signage require repairs and/or maintenance, as determined in Landlord's reasonable judgment, Landlord shall have the right to provide Notice notice thereof to Tenant and Tenant (except as set forth abovebelow) shall cause such repairs and/or maintenance to be performed within ten thirty (1030) business days after receipt of such Notice notice from Landlord, at Tenant's sole cost and expense; provided, however, if such repairs and/or maintenance are reasonably expected to require longer than ten thirty (1030) business days to perform, Tenant shall commence such repairs and/or maintenance within such ten thirty (1030) business day period and shall diligently prosecute such repairs and maintenance to completion. Should Tenant fail to perform such repairs and/or maintenance within the periods described in the immediately preceding sentence, Landlord shall, upon the delivery of an additional five (5) business days' prior written notice, have the right to cause such work to be performed and to charge Tenant as Additional Rent for the actual cost of such work. Upon the expiration or earlier termination of this the Lease, or upon any earlier termination of Tenant’s right to the Tenant’s Exterior Signage as set forth in Section 23.5.4, above, Tenant shall, at Tenant's sole cost and expense, cause Tenant's ’s Exterior Signage to be removed and shall cause the areas in which such Tenant's ’s Exterior Signage was located to be restored to the condition existing immediately prior to the placement of such Tenant's ’s Exterior Signage (excepting normal reasonable wear and tear caused by the sun, rain and other elements to which such Tenant's Signage is exposedexcepted). If Tenant fails to timely remove such Tenant's ’s Exterior Signage or to restore the areas in which such Tenant's ’s Exterior Signage was located, as provided in the immediately preceding sentence, then Landlord may perform such work, and all actual costs incurred by Landlord in so performing shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant's receipt of an invoice therefor. The TCCs terms and conditions of this Section 23.3.4 23.5.5 shall survive the expiration or earlier termination of this Lease.. 692500.09/WLA371593-00023/6-13-12/ao/ao -00- XXX XXXXXX[Xxxxxx Realty, L.P.][Concur Technologies, Inc.]

Appears in 1 contract

Samples: Office Lease (Concur Technologies Inc)

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Cost and Maintenance. The costs of the actual signs comprising Tenant's Signage and the installation, design, construction, and any and all other costs associated with Tenant's Signage, including, without limitation, utility charges and hook-up fees, permits, required Building structural upgrades, and maintenance and repairs, shall be the sole responsibility of Tenant; provided that the costs and fees associated with the initial installation, design, and construction of such Tenant's Signage may, at Tenant's option, be deemed a "FF&ETenant Improvement Allowance Item," as that term is set forth in Section 2.2.5 2.2 of the Tenant Work Letter AgreementLetter. Should Tenant's Signage require repairs and/or maintenance, as determined in Landlord's reasonable judgment, Landlord shall have the right to provide Notice notice thereof to Tenant and Tenant (except as set forth above) shall cause such repairs and/or maintenance to be performed within ten thirty (1030) business days after receipt of such Notice notice from Landlord, at Tenant's sole cost and expense; provided, however, if such repairs and/or maintenance are reasonably expected to require longer than ten thirty (1030) business days to perform, Tenant shall commence such repairs and/or maintenance within such ten thirty (1030) business day period and shall diligently prosecute such repairs and maintenance to completion. Should Tenant fail to perform such repairs and/or maintenance within the periods described in the immediately preceding sentence, Landlord shall, upon the delivery of an additional five (5) business days' prior written notice, have the right to cause such work to be performed and to charge Tenant as Additional Rent for the cost of such work. Upon the expiration or earlier termination of this Lease, Tenant shall, at Tenant's sole cost and expense, cause Tenant's Signage to be removed and shall cause the areas in which such Tenant's Signage was located to be restored to the condition existing immediately prior to the placement of such Tenant's Signage (excepting normal wear and tear caused by the sun, rain and other elements to which such Tenant's Signage is exposed). If Tenant fails to timely remove such Tenant's Signage or to restore the areas in which such Tenant's Signage was located, as provided in the immediately preceding sentence, then Landlord may perform such work, and all costs incurred by Landlord in so performing shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant's receipt of an invoice therefor. The TCCs of this Section 23.3.4 23.4.4 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Fair Isaac Corp)

Cost and Maintenance. The costs of the actual signs comprising -------------------- Tenant's Signage and the installation, design, construction, and any and all other costs associated with Tenant's Signage, including, without limitation, utility charges and hook-up fees, permits, and maintenance and repairs, shall shall, subject to the terms and conditions of this Lease, be the sole responsibility of Tenant; provided that Landlord shall install the costs Project Monument Sign(s), at Landlord's sole cost and fees associated with the initial installation, designexpense, and construction Tenant shall be responsible for the cost of such Tenant's Signage maysign on the Project Monument Sign(s), at Tenant's option, be deemed "FF&E," as that term is but Landlord shall maintain all monument signs set forth in Section 2.2.5 this Article 23 in good condition and repair, the cost of which in connection with the Work Letter AgreementProject Monument Sign(s) shall be included in Operating Expenses. Should Tenant's Signage require repairs and/or maintenance, as determined in Landlord's reasonable judgment, Landlord shall have the right to provide Notice thereof to Tenant and Tenant (except as set forth above) shall cause such repairs and/or maintenance to be performed within ten thirty (1030) business days after receipt of such Notice from Landlord, at Tenant's sole cost and expense; provided, however, if such repairs and/or maintenance are reasonably expected to require longer than ten thirty (1030) business days to perform, Tenant shall commence such repairs and/or maintenance within such ten thirty (1030) business day period and shall diligently prosecute such repairs and maintenance to completion. Should Tenant fail to perform such repairs and/or maintenance within the periods described in the immediately preceding sentence, Landlord shall, upon the delivery of an additional five (5) business days' prior written notice, shall have the right to cause such work to be performed and to charge Tenant as Additional Rent for the actual cost of such workwork plus interest at the Interest Rate from the date of Landlord's payment of such actual costs to the date of Tenant's reimbursement to Landlord. Upon the expiration or earlier termination of this Lease, Tenant shall, at Tenant's sole cost and expense, cause Tenant's Signage to be removed and shall cause the areas in which such Tenant's Signage was located to be restored to the condition existing immediately prior to the placement of such Tenant's Signage (excepting normal wear and tear caused by the sun, rain and other elements to which such Tenant's Signage is exposed)Signage. If Tenant fails to timely remove such Tenant's Signage or to restore the areas in which such Tenant's Signage was located, as provided in the immediately preceding sentence, then Landlord may perform such work, and all actual costs incurred by Landlord in so performing performing, plus interest at the Interest Rate from the date of Landlord's payment of such costs to the date of Tenant's reimbursement to Landlord, shall be reimbursed by Tenant to Landlord within thirty ten (3010) days after Tenant's receipt of an invoice therefor. The TCCs terms and conditions of this Section 23.3.4 23.4.4 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Terms of Lease (Diversa Corp)

Cost and Maintenance. The costs of the actual signs comprising Tenant's Signage and the installation, design, construction, and any and all other costs associated with Tenant's Signage, including, without limitation, utility charges and hook-up feesfees (if any), permits, and maintenance and repairs, shall be the sole responsibility of Tenant; provided that the costs and fees associated with the initial installation, design, and construction of such Tenant's Signage may, at Tenant's option, be deemed "FF&E," as that term is set forth in Section 2.2.5 of the Work Letter Agreement. Should Tenant's Signage require repairs and/or maintenance, as determined in Landlord's reasonable judgment, Landlord shall have the right to provide Notice notice thereof to Tenant and Tenant (except as set forth above) shall cause such repairs and/or maintenance to be performed within ten fifteen (1015) business days after receipt of such Notice notice from Landlord, at Tenant's sole cost and expense; provided, however, if such repairs and/or maintenance are reasonably expected to require longer than ten fifteen (1015) business days to perform, Tenant shall commence such repairs and/or maintenance within such ten fifteen (1015) business day period and shall diligently prosecute such repairs and maintenance to completion. Should Tenant fail to perform such repairs and/or maintenance within the periods described in the immediately preceding sentence, Landlord shall, upon the delivery of an additional five (5) business days' prior written notice, shall have the right to cause such work to be performed and to charge Tenant as Additional Rent for the reasonable cost of such work. Upon the expiration or earlier termination of this Lease, Tenant shall, at Tenant's sole cost and expense, cause Tenant's Signage to be removed and shall cause the areas in which such Tenant's Signage was located to be restored to the condition existing immediately prior to the placement of such Tenant's Signage (excepting normal wear and tear caused by the sun, rain and other elements to which such Tenant's Signage is exposedcasualty). If Tenant fails to timely remove such Tenant's Signage or to restore the areas in which such Tenant's Signage was located, as provided in the immediately preceding sentence, then Landlord on fifteen (15) business days’ notice to Tenant may perform such work, and all costs reasonably incurred by Landlord in so performing shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant's receipt of an invoice therefor. The TCCs terms and conditions of this Section 23.3.4 23.4.4 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Arrowhead Pharmaceuticals, Inc.)

Cost and Maintenance. The costs of the actual signs comprising Tenant's Signage and the installation, design, construction, and any and all other costs associated with Tenant's Signage, including, without limitation, utility charges and hook-up fees, permits, and maintenance and repairs, shall be the sole responsibility of Tenant; provided that the costs and fees associated with the initial installation, design, and construction of such Tenant's Signage may. Tenant shall, at Tenant's optionown expense, be deemed "FF&E," as that term is set forth in Section 2.2.5 of the Work Letter Agreement. Should keep Tenant's Signage require repairs and/or maintenancein good order, repair and condition at all times during the Lease Term (as determined in Landlord's reasonable judgment, Landlord shall have the right to provide Notice thereof to Tenant and Tenant (except as set forth above) shall cause such repairs and/or maintenance to same may be performed within ten (10) business days after receipt of such Notice from Landlord, at Tenant's sole cost and expense; provided, however, if such repairs and/or maintenance are reasonably expected to require longer than ten (10) business days to perform, Tenant shall commence such repairs and/or maintenance within such ten (10) business day period and shall diligently prosecute such repairs and maintenance to completion. Should Tenant fail to perform such repairs and/or maintenance within the periods described in the immediately preceding sentence, Landlord shall, upon the delivery of an additional five (5) business days' prior written notice, have the right to cause such work to be performed and to charge Tenant as Additional Rent for the cost of such workextended). Upon the expiration or earlier termination of this Lease, Tenant shall, at Tenant's sole cost and expense, cause Tenant's Signage to be removed and shall cause the areas in which such Tenant's Signage was located to be restored to the condition existing immediately prior to the placement of such Tenant's Signage (excepting normal except for ordinary wear and tear caused by the sun, rain and other elements to which such Tenant's Signage is exposed)tear. If Tenant fails to timely remove such Tenant's Signage or to restore the areas in which such Tenant's Signage was located, as provided in the immediately preceding sentence, then Landlord may perform such work, and all costs incurred by Landlord in so performing (including a percentage of the cost thereof sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs and/or maintenance) shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant's receipt of an invoice therefortherefor together with reasonable supporting evidence. The TCCs terms and conditions of this Section 23.3.4 23.8 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Atlassian Corp PLC)

Cost and Maintenance. The costs of the actual signs comprising Tenant's Signage and the installation, design, construction, and any and all other costs associated with Tenant's Signage, including, without limitation, utility charges and hook-up fees, permits, and maintenance and repairs, shall be the sole responsibility of Tenant; provided that the costs and fees associated with the initial installation, design, and construction of such Tenant's Signage may, at Tenant's option, be deemed "FF&E," as that term is set forth in Section 2.2.5 of the Work Letter Agreement. Should Tenant's Signage require repairs and/or maintenance, as determined in Landlord's reasonable judgment, Landlord shall have the right to provide Notice notice thereof to Tenant and Tenant (except as set forth above) shall cause such repairs and/or maintenance to be performed within ten thirty (1030) business days after receipt of such Notice notice from Landlord, at Tenant's sole cost and expense; provided, however, if such repairs and/or maintenance are reasonably expected to require longer than ten thirty (1030) business days to perform, Tenant shall commence such repairs and/or maintenance within such ten thirty (1030) business day period and shall diligently prosecute such repairs and maintenance to completion. Should Tenant fail to perform such repairs and/or maintenance within the periods described in the immediately preceding sentence, Landlord shall, upon the delivery of an additional five ten (510) business days' prior written notice, have the right to cause such work to be performed and to charge Tenant as Additional Rent additional rent for the cost (including a percentage of the cost thereof sufficient to reimburse Landlord for all reasonable overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs and/or maintenance) of such work. Upon the expiration or earlier termination of this Lease, Tenant shall, at Tenant's sole cost and expense, cause Tenant's Signage to be removed and shall cause the areas in which such Tenant's Signage was located to be restored to the condition existing immediately prior to the placement of such Tenant's Signage (excepting normal except for ordinary wear and tear caused by the sun, rain and other elements to which such Tenant's Signage is exposed)tear. If Tenant fails to timely remove such Tenant's Signage or to restore the areas in which such Tenant's Signage was located, as provided in the immediately preceding sentence, then Landlord may perform such work, and all costs reasonably incurred by Landlord in so performing (including a percentage of the cost thereof sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs and/or maintenance) shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant's receipt of an invoice therefor. The TCCs of this Section 23.3.4 23.5 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Evofem Biosciences, Inc.)

Cost and Maintenance. The costs of the actual signs comprising Tenant's ’s Signage and the installation, design, construction, construction and any and all other costs associated with the Tenant's ’s Signage, including, without limitation, utility charges and hook-up fees, permits, and maintenance and repairs, shall be the sole responsibility of Tenant; provided that the costs and fees associated with the initial installation, design, and construction of such Tenant's Signage may, at Tenant's option, be deemed "FF&E," as that term is set forth in Section 2.2.5 of the Work Letter Agreement. Should the Tenant's ’s Signage require repairs and/or maintenance, as determined in Landlord's reasonable judgment, Landlord shall have the right to provide Notice notice thereof to Tenant and Tenant (except as set forth abovebelow) shall cause such repairs and/or maintenance to be performed within ten thirty (1030) business days after receipt of such Notice notice from Landlord, at Tenant's sole cost and expense; provided, however, if such repairs and/or maintenance are reasonably expected to require longer than ten thirty (1030) business days to perform, Tenant shall commence such repairs and/or maintenance within such ten thirty (1030) business day period and shall diligently prosecute such repairs and maintenance to completion. Should Tenant fail to perform such repairs and/or maintenance within the periods described in the immediately preceding sentence, Landlord shall, upon the delivery of an additional five (5) business days' prior written notice, have the right to cause such work to be performed and to charge Tenant as Additional Rent for the actual cost of such work. Upon the expiration or earlier termination of this the Lease, Tenant shall, at Tenant's sole cost and expense, cause the Tenant's ’s Signage to be removed and shall cause the areas in which such Tenant's ’s Signage was located to be restored to the condition existing immediately prior to the placement of such Tenant's ’s Signage (excepting normal reasonable wear and tear caused by the sun, rain and other elements to which such Tenant's Signage is exposedexcepted). If Tenant fails to timely remove such the Tenant's ’s Signage or to restore the areas in which such the Tenant's ’s Signage was located, as provided in the immediately preceding sentence, then Landlord may perform such work, and all actual costs incurred by Landlord in so performing shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant's receipt of an invoice therefor. The TCCs terms and conditions of this Section 23.3.4 23.6 shall survive the expiration or earlier termination of this the Lease.

Appears in 1 contract

Samples: Office Lease (DermTech, Inc.)

Cost and Maintenance. The costs of the actual signs comprising Tenant's Signage and the installation, design, construction, and any and all other costs associated with Tenant's Signage, including, without limitation, utility charges and hook-up fees, permits, and maintenance and repairs, shall be the sole responsibility of Tenant; provided that provided, however, the actual costs and fees associated with the of such initial installation, design, design and construction of such Tenant's Signage may, at Tenant's option, shall be deemed "FF&E," as that term is set forth in subject to reimbursement from the Tenant Improvement Allowance pursuant to Section 2.2.5 2.2.1 of the Tenant Work Letter AgreementLetter. Should Tenant's Signage require repairs and/or maintenance, as determined in Landlord's reasonable judgment, Landlord shall have the right to provide Notice thereof to Tenant and Tenant (except as set forth above) shall cause such repairs and/or maintenance to be performed within ten thirty (1030) business days after receipt of such Notice from Landlord, at Tenant's sole cost and expense; provided, however, if such repairs and/or maintenance are reasonably expected to require longer than ten thirty (1030) business days to perform, Tenant shall commence such repairs and/or maintenance within such ten thirty (1030) business day period and shall diligently prosecute such repairs and maintenance to completion. Should Tenant fail to perform such repairs and/or maintenance within the periods described in the immediately preceding sentence, Landlord shall, upon the delivery of an additional five ten (510) business days' prior written notice, have the right to cause such work to be performed and to charge Tenant as Additional Rent for the cost Actual Cost of such work. Upon the expiration or earlier termination of this Lease, Tenant shall, at Tenant's sole cost and expense, cause Tenant's Signage to be removed and shall cause the areas in which such Tenant's Signage was located to be restored to the condition existing immediately prior to the placement of such Tenant's Signage (excepting normal except for ordinary wear and tear caused by the sun, rain and other elements to which such Tenant's Signage is exposed)tear. If Tenant fails to timely remove such Tenant's Signage or to restore the areas in which such Tenant's Signage was located, as provided in the immediately preceding sentence, then Landlord may perform such work, and all costs Actual Costs incurred by Landlord in so performing shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant's receipt of an invoice therefor. The TCCs of this Section 23.3.4 23.4.4 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Amn Healthcare Services Inc)

Cost and Maintenance. If Landlord grants its approval (which shall not be unreasonably withheld, conditioned or delayed), Tenant shall erect Tenant’s Signage in accordance with the approved plans and specifications, in a good and workmanlike manner, in accordance with all Laws, regulations, restrictions (governmental or otherwise), and architectural guidelines in effect for the area in which the Building is located and the Project’s signage program, so long as Tenant has received all requisite approvals thereunder (the “Sign Requirements”), and in a manner so as not to unreasonably interfere with the use of the Project grounds while such construction is taking place; thereafter, Tenant shall maintain Tenant’s Signage in a good, clean and safe condition in accordance with the Sign Requirements, all at Tenant’s sole cost and expense. For all purposes under this Lease, the Tenant’s Signage shall be deemed to be included within the definition of Tenant’s Off-Premises Equipment. Tenant’s obligations under this Section 23.4 are cumulative and in addition to all other obligations of Tenant under this Lease. The costs of the actual signs comprising Tenant's ’s Signage and the installation, design, construction, and any and all other costs associated with Tenant's ’s Signage, including, without limitation, metering and utility charges and hook-up fees, permits, and maintenance and repairs, shall be the sole responsibility of Tenant; provided that the costs and fees associated with the initial installation, design, and construction of such Tenant's Signage may, at Tenant's option, be deemed "FF&E," as that term is set forth in Section 2.2.5 of the Work Letter Agreement. Should Tenant's ’s Signage require repairs and/or maintenance, as determined in Landlord's ’s reasonable judgment, Landlord shall have the right to provide Notice notice thereof to Tenant and Tenant (except as set forth above) shall cause such repairs and/or maintenance to be performed within ten thirty (1030) business days after receipt of such Notice notice from Landlord, at Tenant's ’s sole cost and expense; provided, however, if such repairs and/or maintenance are reasonably expected to require longer than ten thirty (1030) business days to perform, Tenant shall commence such repairs and/or maintenance within such ten thirty (1030) business day period and shall diligently prosecute such repairs and maintenance to completion. Should Tenant fail to commence to perform such repairs and/or maintenance within the periods described in the immediately preceding sentencesentence or thereafter fail to diligently pursue the same to completion, Landlord shall, upon the delivery of an additional five ten (510) business days' prior written notice, have the right to cause such work to be performed and to charge Tenant as Additional Rent for the actual cost of such work. Upon the expiration or earlier termination of this LeaseLease (or earlier termination of Tenant’s signage rights), Tenant shall, at Tenant's ’s sole cost and expense, cause Tenant's ’s Signage to be removed and shall cause the areas in which such Tenant's ’s Signage was located to be restored to the condition existing immediately prior to the placement of such Tenant's ’s Signage (excepting normal except for ordinary wear and tear caused by the sun, rain and other elements to which such Tenant's Signage is exposed)tear. If Tenant fails to timely remove such Tenant's ’s Signage or to restore the areas in which such Tenant's ’s Signage was located, as provided in the immediately preceding sentence, then Landlord may perform such work, and all reasonable and actual costs incurred by Landlord in so performing shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant's ’s receipt of an invoice therefor. The TCCs terms and conditions of this Section 23.3.4 23.4 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Snowflake Inc.)

Cost and Maintenance. The costs of the actual signs comprising Tenant's Signage Building Sign and the installation, design, construction, construction and any and all other costs associated with Tenant's Signagethe Building Sign, including, without limitation, utility charges and hook-up fees, permits, and maintenance and repairs, shall be the sole responsibility of Tenant; provided that the costs and fees associated with the initial installation, design, and construction of such Tenant's Signage may, at Tenant's option, be deemed "FF&E," as that term is set forth in Section 2.2.5 of the Work Letter Agreement. Should Tenant's Signage the Building Sign require repairs and/or maintenance, as determined in Landlord's ’s reasonable judgment, Landlord shall have the right to provide Notice notice thereof to Tenant and Tenant (except as set forth abovebelow) shall cause such repairs and/or maintenance to be performed within ten thirty (1030) business days after receipt of such Notice notice from Landlord, at Tenant's ’s sole cost and expense; provided, however, if such repairs and/or maintenance are reasonably expected to require longer than ten thirty (1030) business days to perform, Tenant shall commence such repairs and/or maintenance within such ten thirty (1030) business day period and shall diligently prosecute such repairs and maintenance to completion. Should Tenant fail to perform such repairs and/or maintenance within the periods described in the immediately preceding sentence, Landlord shall, upon the delivery of an additional five (5) business days' prior written notice, have the right to cause such work to be performed and to charge Tenant as Additional Rent for the actual cost of such work. Upon the expiration or earlier termination of the Lease, or upon the expiration or termination of Tenant’s rights under this LeaseSection 9, Tenant shall, at Tenant's ’s sole cost and expense, cause Tenant's Signage the Building Sign to be removed and shall cause the areas in which such Tenant's Signage Building Sign was located to be restored to the condition existing immediately prior to the placement of such Tenant's Signage Building Sign (excepting normal reasonable wear and tear caused by the sun, rain and other elements to which such Tenant's Signage is exposedexcepted). If Tenant fails to timely remove such Tenant's Signage the Building Sign or to restore the areas in which such Tenant's Signage the Building Sign was located, as provided in the immediately preceding sentence, then Landlord may perform such work, and all actual costs incurred by Landlord in so performing shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant's ’s receipt of an invoice therefor. The TCCs terms and conditions of this Section 23.3.4 9.5 shall survive the expiration or earlier termination of this the Lease.

Appears in 1 contract

Samples: Office Lease (LoopNet, Inc.)

Cost and Maintenance. The costs of the actual signs comprising Tenant's Signage and the installation, design, construction, and any and all other costs associated with Tenant's Signage, including, without limitation, utility charges and hook-up fees, permits, and maintenance and repairs, shall be the sole responsibility of Tenant; provided that Landlord shall construct and install the Building Monument Sign (including, but not limited to, running sufficient power and utilities to the site of the Building Monument Sign), and Tenant shall reimburse Landlord for the actual and reasonable costs and fees associated with the of such initial installation, design, design and construction construction. Tenant shall be responsible for the cost of such Tenant's Signage maysign on the Building Monument Sign(s), at Tenant's option, be deemed "FF&E," as that term is but Landlord shall maintain all monument signs set forth in Section 2.2.5 this Article 23 in good condition and repair, the cost of which in connection with the Work Letter AgreementBuilding Monument Sign(s) shall be included in Operating Expenses. Should Tenant's Signage require repairs and/or maintenance, as determined in Landlord's reasonable judgment, Landlord shall have the right to provide Notice thereof to Tenant and Tenant (except as set forth above) shall cause such repairs and/or maintenance to be performed within ten thirty (1030) business days after receipt of such Notice from Landlord, at Tenant's sole cost and expense; provided, however, if such repairs and/or maintenance are reasonably expected to require longer than ten thirty (1030) business days to perform, Tenant shall commence such repairs and/or maintenance within such ten thirty (1030) business day period and shall diligently prosecute such repairs and maintenance to completion. Should Tenant fail to perform such repairs and/or maintenance within the periods described in the immediately preceding sentence, Landlord shall, upon the delivery of an additional five (5) business days' prior written notice, have the right to cause such work to be performed and to charge Tenant as Additional Rent for the actual cost of such work. Upon the expiration or earlier termination of this Lease, Tenant shall, to the extent required by Landlord and at Tenant's sole cost and expense, cause Tenant's Signage to be removed and shall cause the areas in which such Tenant's Signage was located to be restored to the condition existing immediately prior to the placement of such Tenant's Signage (excepting normal Signage, ordinary wear and tear caused by the sun, rain and other elements to which such Tenant's Signage is exposed)excepted. If Tenant fails to timely remove such Tenant's Signage or to restore the areas in which such Tenant's Signage was located, as provided in the immediately preceding sentence, then Landlord may perform such work, and all actual costs incurred by Landlord in so performing shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant's receipt of an invoice therefor. The TCCs of this Section 23.3.4 23.4.4 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Anacomp Inc)

Cost and Maintenance. The costs of the actual signs comprising Tenant's ’s Signage and the installation, design, construction, and any and all other costs associated with Tenant's ’s Signage, including, without limitation, utility charges and hook-up fees, permits, and maintenance and repairs, shall be the sole responsibility of Tenant; provided that the costs and fees associated with the initial installation, design, and construction of such Tenant's ’s Signage may, at Tenant's ’s option, be deemed "FF&Ea “Improvement Allowance Item," as that term is set forth in Section 2.2.5 2.2 of the Work Letter AgreementAgreements; provided further that Landlord shall construct and install the Building Monument Sign(s) (including, but not limited to, running sufficient power and utilities to the site of the Building Monument Sign), at Tenant’s sole cost and expense, and Tenant shall be responsible for the cost of Tenant’s sign on the Building Monument Sign(s), but Landlord shall maintain all monument signs set forth in this Article 23 in good condition and repair, the cost of which in connection with the Building Monument Sign(s) shall be included in Operating Expenses. Should Tenant's ’s Signage require repairs and/or maintenance, as determined in Landlord's ’s reasonable judgment, Landlord shall have the right to provide Notice thereof to Tenant and Tenant (except as set forth above) shall cause such repairs and/or maintenance to be performed within ten thirty (1030) business days after receipt of such Notice from Landlord, at Tenant's ’s sole cost and expense; provided, however, if such repairs and/or maintenance are reasonably expected to require longer than ten thirty (1030) business days to perform, Tenant shall commence such repairs and/or maintenance within such ten thirty (1030) business day period and shall diligently prosecute such repairs and maintenance to completion. Should Tenant fail to perform such repairs and/or maintenance within the periods described in the immediately preceding sentence, Landlord shall, upon the delivery of an additional five (5) business days' prior written notice, have the right to cause such work to be performed and to charge Tenant as Additional Rent for the cost Actual Cost of such work. Upon the expiration or earlier termination of this Lease, Tenant shall, at Tenant's ’s sole cost and expense, cause Tenant's ’s Signage to be removed and shall cause the areas in which such Tenant's ’s Signage was located to be restored to the condition existing immediately prior to the placement of such Tenant's ’s Signage (excepting normal wear and tear caused by the sun, rain and other elements to which such Tenant's ’s Signage is exposed). If Tenant fails to timely remove such Tenant's Signage Tenaxx’x Xignage or to restore the areas in which such Tenant's ’s Signage was located, as provided in the immediately preceding sentence, then Landlord may perform such work, and all costs Actual Costs incurred by Landlord in so performing shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant's receipt Tenaxx’x xeceipt of an invoice therefor. The TCCs of this Section 23.3.4 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Dexcom Inc)

Cost and Maintenance. The costs of the actual signs comprising Tenant's ’s Signage and the installation, design, construction, and any and all other costs associated with Tenant's ’s Signage, including, without limitation, utility charges and hook-up fees, permits, and maintenance and repairs, shall be the sole responsibility of Tenant; provided that provided, however, up to a total of Ten Thousand and No/100 Dollars ($10,000.00) of the actual costs and fees associated with the of such initial installation, design, design and construction of such Tenant's Signage may, at Tenant's option, shall be deemed "FF&E," as that term is set forth in subject to reimbursement from the Improvement Allowance pursuant to Section 2.2.5 2.2.1 of the Tenant Work Letter AgreementLetter. Should Tenant's ’s Signage require repairs and/or maintenance, as determined in Landlord's ’s reasonable judgment, Landlord shall have the right to provide Notice notice thereof to Tenant and Tenant (except as set forth above) shall cause such repairs and/or maintenance to be performed within ten thirty (1030) business days after receipt of such Notice notice from Landlord, at Tenant's ’s sole cost and expense; provided, however, if such repairs and/or maintenance are reasonably expected to require longer than ten thirty (1030) business days to perform, Tenant shall commence such repairs and/or maintenance within such ten thirty (1030) business day period and shall diligently prosecute such repairs and maintenance to completion. Should Tenant fail to perform such repairs and/or maintenance within the periods described in the immediately preceding sentence, Landlord shall, upon the delivery of an additional five ten (510) business days' prior written notice, have the right to cause such work to be performed and to charge Tenant as Additional Rent for the cost (including a percentage of the cost thereof sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and/or maintenance) of such work. Upon the expiration or earlier termination of this Lease, Tenant shall, at Tenant's ’s sole cost and expense, cause Tenant's ’s Signage to be removed and shall cause the areas in which such Tenant's ’s Signage was located to be restored to the condition existing immediately prior to the placement of such Tenant's ’s Signage (excepting normal except for ordinary wear and tear caused by the sun, rain and other elements to which such Tenant's Signage is exposed)tear. If Tenant fails to timely remove such Tenant's ’s Signage or to restore the areas in which such Tenant's ’s Signage was located, as provided in the immediately preceding sentence, then Landlord may perform such work, and all costs incurred by Landlord in so performing (including a percentage of the cost thereof sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and/or maintenance) shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant's ’s receipt of an invoice therefor. The TCCs of this Section 23.3.4 23.2.4 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Favrille Inc)

Cost and Maintenance. The costs of the actual signs comprising Tenant's ’s Signage and the installation, design, construction, construction and any and all other costs associated with Tenant's ’s Signage, including, without limitation, utility charges and hook-up fees, permits, and maintenance and repairs, shall be the sole responsibility of Tenant; provided that the costs and fees associated with the initial installationhowever, design, and construction of such Tenant's Signage maythat, at Tenant's Landlord’s option, be deemed "FF&E," as that term is set forth in Section 2.2.5 Landlord may install Tenant’s Signage and Tenant shall pay Landlord the cost thereof, including a reasonable amount sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from the installation of the Work Letter AgreementTenant’s Signage. Should Tenant's ’s Signage require repairs and/or maintenance, as determined in Landlord's ’s reasonable judgment, Landlord shall have the right to provide Notice notice thereof to Tenant and Tenant (except as set forth abovebelow) shall cause such repairs and/or maintenance to be performed within ten thirty (1030) business days after receipt of such Notice notice from Landlord, at Tenant's ’s sole cost and expense; provided, however, if such repairs and/or maintenance are reasonably expected to require longer than ten thirty (1030) business days to perform, Tenant shall commence such repairs and/or maintenance within such ten thirty (1030) business day period and shall diligently prosecute such repairs and maintenance to completion. Should Tenant fail to perform such repairs and/or maintenance within the periods described in the immediately preceding sentence, Landlord shall, upon the delivery of an additional five (5) business days' prior written notice, have the right to cause such work to be performed and to charge Tenant as Additional Rent for the actual cost of such work. Upon the expiration or earlier termination of this the Lease, Tenant shall, at Tenant's ’s sole cost and expense, cause Tenant's ’s Signage to be removed and shall cause the areas in which such Tenant's ’s Signage was located to be restored to the condition existing immediately prior to the placement of such Tenant's ’s Signage (excepting normal reasonable wear and tear caused by the sun, rain and other elements to which such Tenant's Signage is exposedexcepted). If Tenant fails to timely remove such Tenant's ’s Signage or to restore the areas in which such Tenant's ’s Signage was located, as provided in the immediately preceding sentence, then Landlord may perform such work, and all actual costs incurred by Landlord in so performing shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant's ’s receipt of an invoice therefor. The TCCs terms and conditions of this Section 23.3.4 23.4.5 shall survive the expiration or earlier termination of this the Lease. In the event the rooftop mechanical shielding is modified by Landlord and, as a result Tenant’s Signage must be redesigned or relocated, then Landlord agrees that following such redesign or relocation Tenant’s signage shall be no less prominent (vis-à-vis other Tenant signage on the affected Building), than Tenant’s Signage prior to such redesign or relocation.

Appears in 1 contract

Samples: Office Lease (Ixia)

Cost and Maintenance. The costs of the actual signs comprising Tenant's ’s Signage and the installation, design, construction, and any and all other costs associated with Tenant's ’s Signage, including, without limitation, utility charges and hook-up fees, permits, and maintenance and repairs, shall be the sole responsibility of Tenant; provided that the costs and fees associated with the initial installation, design, and construction of such Tenant's Signage may, at Tenant's option, be deemed "FF&E," as that term is set forth in Section 2.2.5 of the Work Letter Agreement. Should Tenant's ’s Signage require repairs and/or maintenance, as determined in Landlord's ’s reasonable judgment, Landlord shall have the right to provide Notice notice thereof to Tenant and Tenant (except as set forth above) shall cause such repairs and/or maintenance to be performed within ten thirty (1030) business days after receipt of such Notice notice from Landlord, at Tenant's ’s sole cost and expense; provided, however, if such repairs and/or maintenance are reasonably expected to require longer than ten thirty (1030) business days to perform, Tenant shall commence such repairs and/or maintenance within such ten thirty (1030) business day period and shall diligently prosecute such repairs and maintenance to completion. Should Tenant fail to perform such repairs and/or maintenance within the periods described in the immediately preceding sentence, Landlord shall, upon the delivery of an additional five ten (510) business days' prior written notice, have the right to cause such work to be performed and to charge Tenant as Additional Rent additional rent for the cost (including a percentage of the cost thereof sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and/or maintenance) of such work. Upon the expiration or earlier termination of this Lease, Tenant shall, at Tenant's ’s sole cost and expense, cause Tenant's ’s Signage to be removed and shall cause the areas in which such Tenant's ’s Signage was located to be restored to the condition existing immediately prior to the placement of such Tenant's ’s Signage (excepting normal except for ordinary wear and tear caused by the sun, rain and other elements to which such Tenant's Signage is exposed)tear. If Tenant fails to timely remove such Tenant's ’s Signage or to restore the areas in which such Tenant's ’s Signage was located, as provided in the immediately preceding sentence, then Landlord may perform such work, and all costs incurred by Landlord in so performing (including a percentage of the cost thereof sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and/or maintenance) shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant's ’s receipt of an invoice therefor. The TCCs of this Section 23.3.4 23.5 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Box Inc)

Cost and Maintenance. The costs of the actual signs sign comprising Tenant's ’s Building-Top Signage and the installation, design, construction, and any and all other costs associated with Tenant's ’s Building-Top Signage, including, without limitation, utility charges and hook-up fees, permits, and maintenance and repairs, shall be the sole responsibility of Tenant; provided that the costs and fees associated with the initial installation, design, and construction of such Tenant's ’s Building-Top Signage may, at Tenant's ’s option, be deemed "FF&E," as that term is set forth in Section 2.2.5 2.2.1.8 of the Work Letter Agreement. Should Tenant's ’s Building-Top Signage require repairs and/or maintenance, as determined in Landlord's ’s reasonable judgment, Landlord shall have the right to provide Notice thereof to Tenant and Tenant (except as set forth above) shall cause such repairs and/or maintenance to be performed within ten (10) business days after receipt of such Notice from Landlord, at Tenant's ’s sole cost and expense; provided, *** Confidential portions of this document have been redacted and filed separately with the Commission. however, if such repairs and/or maintenance are reasonably expected to require longer than ten (10) business days to perform, Tenant shall commence such repairs and/or maintenance within such ten (10) business day period and shall diligently prosecute such repairs and maintenance to completion. Should Tenant fail to perform such repairs and/or maintenance within the periods described in the immediately preceding sentence, Landlord shall, upon the delivery of an additional five (5) business days' prior written notice, have the right to cause such work to be performed and to charge Tenant as Additional Rent for the cost of such work. Upon the expiration or earlier termination of this Lease, Tenant shall, at Tenant's ’s sole cost and expense, cause Tenant's ’s Building-Top Signage to be removed and shall cause the areas in which such Tenant's ’s Building-Top Signage was located to be restored to the condition existing immediately prior to the placement of such Tenant's ’s Building-Top Signage (excepting normal wear and tear caused by the sun, rain and other elements to which such Tenant's ’s Building-Top Signage is exposed). If Tenant fails to timely remove such Tenant's ’s Building-Top Signage or to restore the areas in which such Tenant's ’s Building-Top Signage was located, as provided in the immediately preceding sentence, then Landlord may perform such work, and all costs incurred by Landlord in so performing shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant's ’s receipt of an invoice therefor. The TCCs of this Section 23.3.4 23.4.4 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Bridgepoint Education Inc)

Cost and Maintenance. The costs of the actual signs comprising Tenant's ’s name on such Monument Signage and/or Building-Top Signage and the installation, design, construction, and any and all other costs associated with Tenant's ’s name on such Monument Signage and/or Building-Top Signage, including, without limitation, utility charges and hook-up feesfees (if applicable), permits, and maintenance and repairs, shall be the sole responsibility of Tenant; provided that the costs and fees associated Landlord shall reasonably cooperate with the initial installation, design, and construction of such Tenant's use of Common Areas to allow Tenant to install, operate, maintain and repair Tenant’s name on such Monument Signage may, at Tenant's option, be deemed "FF&E," as that term is set forth in Section 2.2.5 of the Work Letter Agreementand/or Building-Top Signage. Should Tenant's ’s name on such Monument Signage and/or Building-Top Signage require repairs and/or maintenance, as determined in Landlord's reasonable judgment, Landlord shall have the right to provide Notice notice thereof to Tenant and Tenant (except as set forth above) shall cause such repairs and/or maintenance to commence to be performed within ten thirty (1030) business days after receipt of such Notice notice from Landlord, at Tenant's ’s sole cost and expense; provided, however, if such repairs and/or maintenance are reasonably expected to require longer than ten thirty (1030) business days to perform, Tenant shall commence such repairs and/or maintenance within such ten thirty (1030) business day period and shall thereafter diligently prosecute such repairs and maintenance to completioncompletion at Tenant's sole cost and expense. Should Tenant fail to perform such repairs and/or maintenance within the periods described in the immediately preceding sentence, Landlord shall, upon the delivery of an additional five (5) business days' prior written notice, shall have the right to cause such work to be performed and to charge Tenant as Additional Rent for the actual cost of such workwork plus interest at the Interest Rate from the date of Landlord’s payment of such actual costs to the date of Tenant’s reimbursement to Landlord. Upon Tenant shall bear a pro rata share (based upon the number of tenants identified on such Monument Signage) of all costs of maintenance and operation of such Monument Signage and all such costs shall be paid by Tenant to Landlord as Additional Rent within ten (10) days of receipt of Landlord’s written demand therefor. Within a reasonable time following the expiration or earlier termination of this Lease (which shall in no event be later than thirty (30) days after such expiration or termination of this Lease), Tenant shall, at Tenant's ’s sole cost and expense, cause commence, and thereafter shall diligently pursue, the removal of Tenant's ’s name from such Monument Signage to be removed and/or Building-Top Signage, and shall cause the areas in which such Tenant's ’s name on such Monument Signage and/or Building-Top Signage was located to be restored to the condition existing immediately prior to the placement of such Tenant's ’s name on such Monument Signage (excepting normal wear and tear caused by the sun, rain and other elements to which such Tenant's Signage is exposed)and/or Building-Top Signage. If Tenant fails to timely remove Tenant’s name from such Tenant's Monument Signage and/or Building-Top Signage or to restore the areas in which Tenant’s name on such Tenant's Monument Signage and/or Building-Top Signage was located, as provided in the immediately preceding sentence, then Landlord may perform such work, and all actual costs reasonably incurred by Landlord in so performing performing, plus interest at the Interest Rate from the date of Landlord’s payment of such costs to the date of Tenant’s reimbursement to Landlord, shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant's ’s receipt of an invoice therefortherefore. The TCCs terms of this Section 23.3.4 23.7 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (St. Bernard Software, Inc.)

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