INSPECTION AND REPAIR. Landlord and its agents shall have the right, at all reasonable times and upon prior reasonable notice save in the event of an emergency during the Term of this Lease to enter the Leased Premises to examine the condition thereof and to ascertain whether Tenant is performing its obligations hereunder, and Tenant shall make any repairs which Landlord deems reasonably necessary as a result of such examination through professional tradesmen approved by the Landlord which approval may not be unreasonably withheld. If Tenant fails to make any such repairs within a maximum of Ten (10) days or less if Landlord deems reasonably necessary after notice from Landlord requesting Tenant to do so, provided that such repairs may reasonably be made within the said period, or Tenant has not diligently commenced to pursue same, Landlord may, without prejudice to any other rights or remedies it may have, make such repairs and charge the cost thereof to Tenant. Nothing in this Clause shall be construed to obligate or require Landlord to make any repairs but Landlord shall have the right at any time to make any emergency repairs without notice to Tenant and charge the reasonable cost thereof to Tenant. Any costs chargeable to Tenant hereunder shall be payable within thirty (30) days after receipt of invoice as additional rent and shall bear interest at the rate herein above mentioned.
Appears in 2 contracts
Samples: Lease Agreement (Wesco International Inc), Lease Agreement (CDW Holding Corp)
INSPECTION AND REPAIR. Landlord Lessor and its agents shall have the right, at all reasonable times and upon prior reasonable notice save in the event of an emergency during the Term of this Lease to enter the Leased Premises to examine the condition thereof and to ascertain whether Tenant Lessee is performing its obligations hereunder, and Tenant Lessee shall make any repairs and/or sign the necessary service contract which Landlord Lessor deems reasonably necessary as a result of such examination through professional tradesmen approved by the Landlord which approval may not be unreasonably withheldexamination. If Tenant Lessee fails to make any such repairs and/or sign the necessary service contract within a maximum of Ten thirty (1030) days or less if Landlord deems reasonably necessary after notice from Landlord Lessor requesting Tenant Lessee so to do sodo, provided that such repairs may reasonably be made within the said period, or Tenant has not diligently commenced to pursue same, Landlord Lessor may, without prejudice to any other rights or remedies it may have, make such repairs and charge the cost thereof to TenantLessee together with an administration fee of 15%. Nothing in this Clause shall be construed to obligate or require Landlord Lessor to make any repairs but Landlord Lessor shall have the right at any time to make any emergency repairs without notice to Tenant Lessee and charge the reasonable cost thereof to TenantLessee. Any costs chargeable to Tenant Lessee hereunder shall be payable within thirty (30) days after receipt of invoice forthwith on demand as additional rent and shall bear interest at rent. Lessor will be entitled to request from Lessee a deposit or acceptable bank guarantee equivalent to the rate herein above mentionedvalue of said needed repairs until Lessee completes them.
Appears in 1 contract
Samples: Lease Agreement (Griffith Micro Science International Inc)
INSPECTION AND REPAIR. Landlord Landlord, by its duly authorized employees and its agents shall have the rightagents, at all reasonable times and upon prior reasonable notice save in the event of an emergency during the Term of this Lease to and accompanied by a Tenant employee may enter the Leased Demised Premises at reasonable hours (i) to examine inspect the condition thereof and same, (ii) to ascertain determine whether Tenant is performing complying with all its obligations hereunder, (iii) to supply any other service to be provided by Landlord to Tenant under the terms and Tenant shall make any repairs which Landlord deems reasonably necessary as a result conditions of such examination through professional tradesmen approved by the Landlord which approval may not be unreasonably withheld. If Tenant fails this Lease, (iv) to make repairs to any such repairs within a maximum of Ten (10) days adjoining space or less if Landlord deems reasonably necessary after notice from Landlord requesting Tenant to do so, provided that such repairs may reasonably be made within the said periodutility services, or to make repairs, alterations or improvements to any other portion of the Shopping Center and (v) to perform any work therein that may be necessary to comply with any laws, statutes, ordinances, regulations, orders or requirements of any governmental authorities having jurisdiction over the Demised Premises, or to prevent waste or deterioration of the Demised Premises; provided, however, that all such work shall be done as promptly as reasonably possible and so as to cause as little interference to Tenant has not diligently commenced to pursue same, as reasonably possible. Landlord may, without prejudice to during the progress of any other rights or remedies it may havework in the Demised Premises, make such repairs keep and charge store upon the cost thereof to TenantDemised Premises, all necessary materials, tools and equipment required for said work. Nothing in this Clause shall be construed to obligate or require Landlord to make any repairs but Landlord shall have the right at to use any time and all means which Landlord may deem proper to make open said doors in an emergency in order to obtain entry to the Demised Premises, and any emergency repairs without notice entry to Tenant the Demised Premises obtained by Landlord by any of said means or otherwise shall not under any circumstances be construed or deemed to be forcible or unlawful entry into or a detainer of the Demised Premises or any portion thereof. Notwithstanding anything contained in this Article 16, Landlord shall not be required to incur overtime or additional expense in order to minimize interference with Tenant's use and charge occupancy of the reasonable cost thereof to Tenant. Any costs chargeable to Tenant hereunder shall be payable within thirty (30) days after receipt of invoice as additional rent and shall bear interest at the rate herein above mentionedDemised Premises.
Appears in 1 contract
INSPECTION AND REPAIR. Landlord and its agents shall have Prior to picking up or taking possession of the rightEquipment the Lessee may, at all reasonable times its own expense, inspect the Equipment at a time and upon prior reasonable notice save in the event of an emergency during the Term of this Lease to enter the Leased Premises to examine the condition thereof and to ascertain whether Tenant is performing its obligations hereunder, and Tenant shall make any repairs which Landlord deems reasonably necessary as a result of such examination through professional tradesmen approved place designated by the Landlord which approval may not be unreasonably withheldLessor. If Tenant fails to make any such repairs within a maximum By taking possession of Ten (10) days or less if Landlord deems reasonably necessary after notice from Landlord requesting Tenant to do so, provided that such repairs may reasonably be made within picking up the said period, or Tenant has not diligently commenced to pursue same, Landlord may, without prejudice to any other rights or remedies it may have, make such repairs and charge Equipment the cost thereof to Tenant. Nothing in this Clause Lessee shall be construed deemed to obligate have accepted that the Equipment is in good condition and running order with the effect that from the time of picking up or require Landlord taking possession of the Equipment the Lessee shall be forever stopped and prevented from claiming that as at the Commencement Date the Equipment was not in good condition and running order or fit for the Lessee’s purposes. The Lessee’s right to make inspect the Equipment is accepted by the Lessee in lieu of any repairs but Landlord warranties, representations or guarantees and it is agreed that the Lessor makes no warranties, representations or guarantees whatsoever as to the Equipment, its condition, its performance or its fitness for the purpose intended. Xxxxxx agrees to complete and return to Lessor a signed equipment inspection report upon delivery of machine. Failure to return equipment inspection report to Lessor at time of delivery waives any right by Xxxxxx to dispute damage charges to equipment noted by Xxxxxx while in possession of Lessee. The Lessor shall have the right at any time or times to enter upon the premises where the Equipment is located and shall be given free access thereto and afforded all necessary facilities for the purposes of inspecting the Equipment. The Lessor shall, at the Lessor’s option, either have the right to inspect the Equipment at the Lessee’s shipping point prior to reshipment and shall be given sufficient notice prior to reshipment to make such an inspection or shall have the right to perform the final inspection at its yard upon delivery of the Equipment by the Lessor. The Lessor shall promptly notify the Lessee, in writing, of any emergency repairs without notice or maintenance required, normal wear and tear excepted, arising out of the Lessee’s use of the Equipment. The Lessee shall either make suitable arrangements to Tenant and charge promptly carry out the reasonable cost thereof required maintenance or repairs or shall authorize the Lessor to Tenant. Any costs chargeable to Tenant hereunder shall be payable within thirty (30) days after receipt of invoice as additional rent and shall bear interest carry out said work at the rate herein above mentionedLessee’s sole cost.
Appears in 1 contract
Samples: Lease Agreement
INSPECTION AND REPAIR. Landlord and its agents shall have Prior to picking up or taking possession of the rightEquipment the Lessee may, at all reasonable times its own expense, inspect the Equipment at a time and upon prior reasonable notice save in the event of an emergency during the Term of this Lease to enter the Leased Premises to examine the condition thereof and to ascertain whether Tenant is performing its obligations hereunder, and Tenant shall make any repairs which Landlord deems reasonably necessary as a result of such examination through professional tradesmen approved place designated by the Landlord which approval may not be unreasonably withheldLessor. If Tenant fails to make any such repairs within a maximum By taking possession of Ten (10) days or less if Landlord deems reasonably necessary after notice from Landlord requesting Tenant to do so, provided that such repairs may reasonably be made within picking up the said period, or Tenant has not diligently commenced to pursue same, Landlord may, without prejudice to any other rights or remedies it may have, make such repairs and charge Equipment the cost thereof to Tenant. Nothing in this Clause Lessee shall be construed deemed to obligate have accepted that the Equipment is clean, in good condition and running order with the effect that from the time of picking up or require Landlord taking possession of the Equipment the Lessee shall be forever stopped and prevented from claiming that as at the Commencement Date the Equipment was not in good condition and running order or fit for the Lessee's purposes. The Lessee's right to make inspect the Equipment is accepted by the Lessee in lieu of any repairs but Landlord warranties, representations or guarantees and it is agreed that the Lessor makes no warranties, representations or guarantees whatsoever as to the Equipment, its condition, its performance or its fitness for the purpose intended. The Lessor shall have the right at any time or times to enter upon the premises where the Equipment is located and shall be given free access thereto and afforded all necessary facilities for the purposes of inspecting the Equipment. The Lessor shall, at the Lessor's option, either have the right to inspect the Equipment at the Lessee's shipping point prior to reshipment and shall be given sufficient notice prior to reshipment to make such an inspection or shall have the right to perform the final inspection at its yard upon delivery of the Equipment by the Lessor. The Lessor shall promptly notify the Lessee, in writing, of any emergency repairs without notice or maintenance required, normal wear and tear excepted, arising out of the Lessee's use of the Equipment. The Lessee shall either make suitable arrangements to Tenant and charge promptly carry out the reasonable cost thereof required maintenance or repairs or shall authorize the Lessor to Tenantcarry out said work at Xxxxxx's sole cost. Any costs chargeable repairs performed by Xxxxxx shall only proceed upon written authorization from the Lessor and in such event, the Lessee shall promptly forward all repair documentation to Tenant hereunder the Lessor. The Lessee shall be payable within thirty (30) days after receipt of invoice as additional rent and shall bear interest also promptly forward all structural certificates carried out by the Lessee to the Lessor at no cost to the rate herein above mentionedLessor.
Appears in 1 contract
Samples: Bare Lease Agreement
INSPECTION AND REPAIR. Subject to the requirements of Tenant's activities in the Premises, Landlord and its agents agent shall have have, upon a prior twenty-four (24) hour notice (except in an emergency), the right, right at all reasonable times and upon prior reasonable notice save in the event of an emergency hours during the Term of this Lease lease and any renewals thereof to enter the Leased Premises to examine the condition thereof and to ascertain whether Tenant is performing its obligations hereunder, and Tenant shall make any repairs which Landlord deems reasonably necessary as a result Tenant is obliged to make pursuant to the terms of such examination through professional tradesmen approved by the Landlord which approval may not be unreasonably withheldthis lease. If Tenant fails to make any such repairs within a maximum of Ten thirty (1030) days or less if Landlord deems reasonably necessary after written notice from Landlord requesting Tenant to do so, provided that such repairs may reasonably be made within the said period, or . If the Tenant has not diligently commenced fails to pursue same, carry out the repairs within the appropriate delay Landlord may, without prejudice to any other rights or remedies it may have, make such repairs and charge the cost thereof to Tenant, plus an administrative fee of fifteen percent (15%) for doing so, which shall be charged to Tenant as additional rent. Nothing in this Clause lease shall be construed to obligate or require Landlord to make any repairs for which the Tenant is responsible hereunder, but Landlord shall have the right at any time to make any emergency repairs without prior notice to Tenant and and, provided same are the responsibility of Tenant hereunder, charge the reasonable cost thereof to Tenant, plus an administrative fee of fifteen percent (15%) for doing so, which shall be charged to Tenant as additional rent. Any costs chargeable to Tenant hereunder shall be payable within thirty (30) days after receipt of invoice forthwith on written demand as additional rent and shall bear interest at the rate herein above mentionedAdditional Rental.
Appears in 1 contract
Samples: Lease Agreement (Phoenix International Life Sciences Inc)
INSPECTION AND REPAIR. Landlord and its agents agent shall have the right, right at all reasonable times and upon prior reasonable notice save in the event of an emergency hours during the Term of this Lease lease to enter the Leased Premises to examine the condition thereof and to ascertain whether Tenant is performing its obligations hereunder, and Tenant shall make any repairs which Landlord deems reasonably necessary as a result Tenant is obliged to make pursuant to the terms of such examination through professional tradesmen approved by the Landlord which approval may not be unreasonably withheldthis lease. If Tenant fails to make any such repairs within a maximum of Ten thirty (1030) days or less if Landlord deems reasonably necessary after written notice from Landlord requesting Tenant to do so, provided that such repairs may reasonably be made within the said period, or Tenant has not diligently commenced to pursue same, Landlord may, without prejudice to any other rights or remedies it may have, make such repairs and charge the reasonable cost thereof to Tenant. Nothing in this Clause lease shall be construed to obligate or require Landlord to make any repairs for which the Tenant is responsible hereunder, but Landlord shall have the right at any time to make any emergency repairs without prior notice to Tenant and charge the reasonable cost thereof to Tenant. Any costs chargeable to Tenant hereunder shall be payable forthwith on written demand as Additional Rental and if not paid within thirty (30) days after receipt of invoice as additional rent and shall bear interest at the rate herein above mentionedof eighteen percent (18%) per annum from the date of such written demand. Moreover, Landlord may, but shall not be obliged, to make any repairs of an urgent nature without prior notice to Tenant, provided that the Landlord advises the Tenant thereof as soon as is reasonably possible, but for the I.C.N.N. Page 11 Tenant.
Appears in 1 contract
INSPECTION AND REPAIR. Subject to the rights of any Resident under a Tenancy Agreement, the Landlord and its agents authorized representatives shall have be entitled to enter the right, at all reasonable times Project and upon prior reasonable notice save Units and the rest of the Property (except in the event of an emergency emergency) at any time during the Term Tenant’s business hours and at any other reasonable time upon ten (10) business days’ written notice to (a) inspect the Property at any time with such notice and (b) with the prior written consent of this Lease the Permitted Leasehold Mortgagees (except in connection with repairs for life and/or safety issues, in which case prompt notice shall be provided to enter the Leased Premises to examine the condition thereof and to ascertain whether Tenant is performing its obligations hereunderPermitted Leasehold Mortgagees), and Tenant shall subject to the rights of any tenants, make any repairs thereto and/or take any other action therein which Landlord deems reasonably necessary as a result of such examination through professional tradesmen approved is required by applicable law or which the Landlord which approval may not is permitted to make by any provision of this Lease, after giving the Tenant at least forty-eight (48) hours’ written notice during business days of the Landlord’s intention to take such action and allowing the Tenant reasonable time to take the appropriate action (provided, that in any situation in which, due to an emergency or otherwise, the health, welfare or safety of the Residents or physical condition of the Project and Units or any other part of the Property would be unreasonably withheldjeopardized unless the Landlord were to take such action immediately, the Landlord shall give only such notice, if any, to the Tenant as is reasonable under the circumstances, and may enter the same at any time). If Tenant fails Nothing in this Article 11 shall be deemed to impose any duty upon the Landlord to make any such repairs within repair or take any such action, and the Landlord’s performance thereof shall not constitute a maximum waiver of Ten (10) days or less if Landlord deems reasonably necessary after notice from Landlord requesting the Landlord’s right hereunder to have the Tenant to do so, provided that perform such repairs may reasonably be made within the said period, or Tenant has not diligently commenced to pursue same, work. The Landlord may, without prejudice while taking any such action upon the Property, store therein any and all necessary materials, tools and equipment, and the Tenant shall have no liability to the Landlord for any damage to or destruction of any such materials, tools and equipment, except if and to the extent that such damage or destruction is proximately caused by the gross negligence or intentional misconduct of the Tenant or its agents and employees. The Landlord shall not in any event be liable to the Tenant for any inconvenience, annoyance, disturbance, loss of business or other rights or remedies it may have, make damage sustained by the Tenant by reason of the making of such repairs or the taking of such action, or on account of the bringing of materials, supplies and charge equipment onto the cost Property during the course thereof (except if and to the extent the same is proximately caused by the gross negligence or willful misconduct of Landlord or Landlord Related Party), and the Tenant’s obligations under the provisions of this Lease shall not be affected thereby. Nothing in In exercising its rights under this Clause shall be construed to obligate or require Landlord to make any repairs but Section 11.1, the Landlord shall have not cause or allow any interference or disruption of the right at Tenant’s work or the Tenant’s use, operation or enjoyment of the Property, or that of any time to make any emergency repairs without notice to Tenant and charge the reasonable cost thereof to Tenant. Any costs chargeable to Tenant hereunder shall be payable within thirty (30) days after receipt of invoice as additional rent and shall bear interest at the rate herein above mentionedResident.
Appears in 1 contract
Samples: Ground Lease
INSPECTION AND REPAIR. Landlord Lessor and its agents shall have the right, at all reasonable times and upon prior reasonable notice save in the event of an emergency during the Term of this Lease to enter the Leased Premises to examine the condition thereof and to ascertain whether Tenant Lessee is performing its obligations hereunder, and Tenant Lessee shall make any repairs which Landlord deems reasonably and/or sign the necessary as a result of service contract in order to comply with such examination through professional tradesmen approved by the Landlord which approval may not be unreasonably withheldobligations. If Tenant Lessee fails to make any such repairs and/or sign the necessary service contract within a maximum of Ten thirty (1030) days or less if Landlord deems reasonably necessary after notice from Landlord Lessor requesting Tenant Lessee so to do sodo, provided that such repairs may reasonably be made within the said period, or Tenant has not diligently commenced to pursue same, Landlord Lessor may, without prejudice to any other rights or remedies it may have, make such repairs and charge the cost thereof to TenantLessee to the extent that such repairs are otherwise the responsibility of the Lessee hereunder. Nothing in this Clause shall be construed to obligate or require Landlord Lessor to make any repairs but Landlord Lessor shall have the right at any time to make any emergency repairs without notice to Tenant Lessee and charge the reasonable cost thereof to TenantLessee to the extent that such repairs are otherwise the responsibility of the Lessee hereunder. Any costs chargeable to Tenant Lessee hereunder shall be payable within thirty (30) days after receipt of invoice forthwith on demand as additional rent and shall bear interest at the rate herein above mentionedrent.
Appears in 1 contract
Samples: Deed of Lease (Sidus Systems Inc)