Common use of Insurance/Maintenance/Removal Clause in Contracts

Insurance/Maintenance/Removal. Tenant shall be responsible for maintaining insurance on the Exterior Signs as part of the insurance required to be carried by Tenant pursuant to Section 10.3.2 above. Should the Exterior Signs require maintenance, repairs and/or replacement as determined in Landlord’s reasonable judgment, Landlord shall have the right to provide written notice thereof to Tenant and Tenant shall cause such repairs, replacement 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, replacement and/or maintenance are reasonably expected to require longer than ten (10) business days to perform, Tenant shall commence such repairs, replacement and/or maintenance within such ten (10) business day period and shall diligently prosecute such repairs, replacement and maintenance to completion. Should Tenant fail to perform such maintenance, repairs and/or replacement within the periods described in the immediately preceding sentence, Landlord shall have the right to cause such work to be performed and to charge Tenant as Additional Rent for the actual and reasonable costs of such work. Upon the expiration or earlier termination of this Lease (or prior to such expiration or earlier termination, upon Tenant’s loss of any of its rights to the Exterior Signs pursuant to Section 21.5.6 above), Tenant shall, at Tenant’s sole cost and expense, cause to be removed all such Exterior Signs (or those Exterior Signs to which Tenant no longer has any rights, as the case may be), and Tenant shall repair all damage occasioned thereby and restore the affected areas to their original condition prior to the installation of such signage so required to be removed, ordinary wear and tear and damage by casualty excepted. If Tenant fails to timely remove such signage and repair and restore the affected areas as provided in the immediately preceding sentence, on five (5) business days’ notice to Tenant, then Landlord may perform such work, and all reasonable out-of-pocket costs and expenses incurred by Landlord in so performing such work shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant’s receipt of invoice therefor including interest at the Interest Rate. The immediately preceding sentence shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (United Online Inc)

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Insurance/Maintenance/Removal. Tenant shall be responsible for maintaining insurance on the Exterior Signs Tenant’s Complex Signage as part of the insurance required to be carried by Tenant pursuant to Section 10.3.2 above17.1(b) below. Should the Exterior Signs require If any of Tenant’s Complex Signage requires maintenance, repairs and/or replacement as determined in Landlord’s reasonable judgment, Landlord shall have the right to provide written notice thereof to Tenant and Tenant shall cause such repairsmaintenance, repairs and/or replacement 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 repairsmaintenance, repairs and/or replacement and/or maintenance are reasonably expected to require longer than ten (10) business days to perform, Tenant shall commence such repairsmaintenance, repairs and/or replacement and/or maintenance within such ten (10) business day period and shall diligently prosecute such repairs, maintenance repairs and/or replacement and maintenance to completion. Should If Tenant fail fails to perform such maintenance, repairs and/or replacement within the periods described in the immediately preceding sentence, Landlord shall have the right to cause such work to be performed and to charge Tenant as Additional Rent for the actual and reasonable costs of such work. Upon the expiration or earlier termination of this Lease (or prior to such expiration or earlier termination, upon Tenant’s loss of any of its rights to any of the Exterior Signs signs comprising Tenant’s Complex Signage pursuant to Section 21.5.6 above7.3.2(d) below), Tenant shall, at Tenant’s sole cost and expense, cause to be removed all such Exterior Signs of Tenant’s Complex Signage (or those Exterior Signs such applicable signs comprising Tenant’s Complex Signage as to which Tenant no longer has any rightslost such rights pursuant to Section 7.3.2(d) below, as the case may be), and Tenant shall repair all damage occasioned thereby and restore the affected areas portions of the Building and Complex where such applicable Tenant’s Complex Signage was located to their original condition prior to the installation of such signage so required to be removed, ordinary wear and tear and damage by casualty exceptedapplicable Tenant’s Complex Signage. If Tenant fails to timely remove such signage any of the signs comprising Tenant’s Complex Signage so required to be removed and repair and restore the affected areas Building and Complex as provided in the immediately preceding sentence, on five (5) business days’ notice to Tenant, then Landlord may perform such work, and all reasonable out-of-pocket costs and expenses incurred by Landlord in so performing such work shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant’s receipt of invoice therefor including interest at the Interest Rate. The immediately preceding sentence shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Fusion-Io, Inc.)

Insurance/Maintenance/Removal. Tenant shall be responsible responsible, at Tenant's sole cost and expense, for (i) maintaining insurance on the Exterior Signs Building Top Sign as part of the insurance required to be carried by Tenant pursuant to Section 10.3.2 abovethe Lease, as amended hereby, and (ii) the repair, maintenance and replacement, in first-class order and condition, of the Building Top Sign. Should the Exterior Signs require maintenance, repairs and/or replacement as determined in Landlord’s reasonable judgment, Landlord shall have the right to provide written notice thereof to If Tenant and Tenant shall cause such repairs, replacement 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, replacement and/or maintenance are reasonably expected to require longer than ten (10) business days to perform, Tenant shall commence such repairs, replacement and/or maintenance within such ten (10) business day period and shall diligently prosecute such repairs, replacement and maintenance to completion. Should Tenant fail fails to perform such maintenance, repairs and/or replacement within replacement, then Landlord may, but need not, perform such maintenance, repairs and/or replacements, and Tenant shall pay Landlord the periods described in cost thereof, including a percentage of the immediately preceding sentencecost thereof sufficient to reimburse Landlord for all fees and other reasonable out-of-pocket costs or expenses arising from Landlord's involvement with such maintenance, Landlord shall have the right to cause such work to be performed and to charge Tenant as Additional Rent repairs and/or replacements forthwith upon being billed for the actual and reasonable costs of such worksame. Upon the expiration or earlier termination of this Lease the Lease, as amended hereby (or prior to such expiration or earlier termination, upon Tenant’s 's loss of any of its rights to the Exterior Signs Building Top Sign pursuant to Section 21.5.6 10.1(b) above), Tenant shall, at Tenant’s 's sole cost and expense, cause to be removed all such Exterior Signs remove (or those Exterior Signs to which Tenant no longer has any rights, as cause the case may be)removal of) the Building Top Sign, and Tenant shall repair all any damage occasioned thereby and restore the affected areas portion of the Building where the Building Top Sign was located to their its original condition prior to the installation of such signage so required to be removed, ordinary wear and tear and damage by casualty exceptedthe Building Top Sign. If Tenant fails to timely remove such signage the Building Top Sign and repair and restore the affected areas portion of the Building where the Building Top Sign was located as provided in the immediately preceding sentence, on five (5) business days’ notice to Tenant, then Landlord may perform such work, and all reasonable out-of-pocket costs and expenses incurred by Landlord in so performing such work shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant’s 's receipt of invoice therefor including interest at the Interest Ratetherefor. The immediately preceding sentence shall survive the expiration or earlier termination of this the Lease, as amended hereby.

Appears in 1 contract

Samples: Office Lease Agreement (Emmaus Life Sciences, Inc.)

Insurance/Maintenance/Removal. Tenant shall be responsible for maintaining insurance on the Exterior Signs Building Top Sign as part of the insurance required to be carried by Tenant pursuant to Section 10.3.2 above. Should If the Exterior Signs require Building Top Sign requires maintenance, repairs and/or replacement as determined in Landlord’s reasonable judgment, then Landlord shall have the right to provide written notice thereof to Tenant and Tenant shall cause such repairs, replacement and/or maintenance to be performed within ten (10) business days after Tenant’s receipt of such notice from Landlord, at Tenant’s sole cost and expense; provided, however, if such repairs, replacement and/or maintenance are reasonably expected to require longer than ten (10) business days to perform, then Tenant shall commence such repairs, replacement and/or maintenance within such ten (10) business day period and shall diligently prosecute such repairs, replacement and maintenance to completion. Should If Tenant fail fails to perform such maintenance, repairs and/or replacement within the periods described in the immediately preceding sentence, Landlord shall have the right to cause such work to be performed and to charge Tenant as Additional Rent for the actual and reasonable costs of such work. Upon the expiration or earlier termination of this Lease (or prior to such expiration or earlier termination, upon Tenant’s loss of any of its rights to the Exterior Signs Building Top Sign pursuant to Section 21.5.6 21.4.5 above), Tenant shall, at Tenant’s sole cost and expense, cause the Building Top Sign to be removed all such Exterior Signs (or those Exterior Signs to which Tenant no longer has any rights, as the case may be)removed, and Tenant shall repair all damage occasioned thereby and restore the affected areas of the Building to their original condition prior to the installation of such signage so required to be removedthe Building Top Sign, ordinary wear and tear and damage by casualty excepted. If Tenant fails to timely remove such signage the Building Top Sign and repair and restore the affected areas of the Building as provided in the immediately preceding sentence, on five ten (510) business days’ notice to Tenant, then Landlord may perform such work, and all reasonable out-of-pocket costs and expenses incurred by Landlord in so performing such work shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant’s receipt of invoice therefor including interest at the Interest Rate. The immediately preceding sentence shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (United Online Inc)

Insurance/Maintenance/Removal. Tenant shall be responsible for maintaining insurance on the Exterior Signs as part of the insurance required to be carried by Tenant pursuant to Section 10.3.2 above. Should the Exterior Signs require maintenance, repairs and/or replacement as determined in Landlord’s reasonable judgment, Landlord shall have the right to provide written notice thereof to Tenant and Tenant shall cause such repairs, replacement 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, replacement and/or maintenance are reasonably expected to require longer than ten (10) business days to perform, Tenant shall commence such repairs, replacement and/or maintenance within such ten (10) business day period and shall diligently prosecute such repairs, replacement and maintenance to completion. Should Tenant fail to perform such maintenance, repairs and/or replacement within the periods described in the immediately preceding sentence, Landlord shall have the right to cause such work to be performed and to charge Tenant as Additional Rent for the actual and reasonable costs of such workwork including interest. Upon the expiration or earlier termination of this Lease (or prior to such expiration or earlier termination, upon Tenant’s loss of any of its rights to the Exterior Signs pursuant to Section 21.5.6 above), Tenant shall, at Tenant’s sole cost and expense, cause to be removed all such Exterior Signs (or those the Exterior Signs to which Tenant no longer has any rights, as the case may be)be removed, and Tenant shall repair all damage occasioned thereby and restore the affected areas to their original condition prior to the installation of such signage so required to be removed, ordinary normal wear and tear and damage by casualty excepted. If Tenant fails to timely remove such signage and repair and restore the affected areas as provided in the immediately preceding sentence, on five (5) business days’ notice to Tenant, then Landlord may perform such work, and all reasonable out-of-pocket costs and expenses incurred by Landlord in so performing such work shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant’s receipt of invoice therefor including interest at the Interest Rateinterest. The immediately preceding sentence shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Retail Lease (KBS Real Estate Investment Trust II, Inc.)

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Insurance/Maintenance/Removal. Tenant shall be responsible responsible, at its sole cost and expense, for (i) maintaining insurance on the Building Exterior Signs Sign as part of the insurance required to be carried by Tenant pursuant to Section 10.3.2 Article 10 above. Should , and (ii) the repair, maintenance and replacement, in first-class order and condition, of the Building Exterior Signs require maintenance, repairs and/or replacement as determined in Landlord’s reasonable judgment, Landlord shall have the right to provide written notice thereof to Tenant and Tenant shall cause such repairs, replacement 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, replacement and/or maintenance are reasonably expected to require longer than ten (10) business days to perform, Tenant shall commence such repairs, replacement and/or maintenance within such ten (10) business day period and shall diligently prosecute such repairs, replacement and maintenance to completionSign. Should Tenant fail to perform such maintenance, repairs and/or replacement within the periods described in the immediately preceding sentencereplacement, Landlord may, but need not, perform such maintenance, repairs and/or replacements, and Tenant shall have pay Landlord the right cost thereof, including a percentage of the cost thereof sufficient to cause reimburse Landlord for all overhead, general conditions, fees and other reasonable out-of-pocket costs or expenses arising from Landlord's involvement with such work to be performed and to charge Tenant as Additional Rent maintenance, repairs and/or replacements forthwith within thirty (30) days of being billed for the actual and reasonable costs of such worksame. Upon the expiration or earlier termination of this Lease (or prior to such expiration or earlier termination, upon Tenant’s 's loss of any of its rights to the Building Exterior Signs Sign pursuant to Section 21.5.6 24.8.1.1 above), Tenant shall, at Tenant’s 's sole cost and expense, cause to be removed all such the Building Exterior Signs (or those Exterior Signs to which Tenant no longer has any rights, as the case may be)Sign, and Tenant shall repair all damage occasioned thereby and restore the affected areas portion of the Building and/or Project where the Building Exterior Sign was located to their its original condition prior to the installation of such signage so required to be removed, ordinary wear and tear and damage by casualty exceptedthereof. If Tenant fails to timely remove such signage the Building Exterior Sign and repair and restore the affected areas Building and/or Project as provided in the immediately preceding sentence, on five (5) business days’ notice to Tenant, then Landlord may perform such work, and all reasonable out-of-pocket costs and expenses incurred by Landlord in so performing such work shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant’s 's receipt of invoice therefor including interest at the Interest Ratetherefor. The immediately preceding sentence shall survive the expiration or earlier termination of this Lease.. 071053\8589453v5 21

Appears in 1 contract

Samples: Office Lease (Quantenna Communications Inc)

Insurance/Maintenance/Removal. Tenant shall be responsible responsible, at its sole cost and expense, for (i) maintaining insurance on the Building Exterior Signs Sign as part of the insurance required to be carried by Tenant pursuant to Section 10.3.2 Article 10 above. Should , and (ii) the repair, maintenance and replacement, in first-class order and condition, of the Building Exterior Signs require maintenance, repairs and/or replacement as determined in Landlord’s reasonable judgment, Landlord shall have the right to provide written notice thereof to Tenant and Tenant shall cause such repairs, replacement 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, replacement and/or maintenance are reasonably expected to require longer than ten (10) business days to perform, Tenant shall commence such repairs, replacement and/or maintenance within such ten (10) business day period and shall diligently prosecute such repairs, replacement and maintenance to completionSign. Should Tenant fail to perform such maintenance, repairs and/or replacement within the periods described in the immediately preceding sentencereplacement, Landlord may, but need not, perform such maintenance, repairs and/or replacements, and Tenant shall have pay Landlord the right cost thereof, including a percentage of the cost thereof sufficient to cause reimburse Landlord for all overhead, general conditions, fees and other reasonable out-of-pocket costs or expenses arising from Landlord’s involvement with such work to be performed and to charge Tenant as Additional Rent maintenance, repairs and/or replacements forthwith within thirty (30) days of being billed for the actual and reasonable costs of such worksame. Upon the expiration or earlier termination of this Lease (or prior to such expiration or earlier termination, upon Tenant’s loss of any of its rights to the Building Exterior Signs Sign pursuant to Section 21.5.6 24.8.2.1 above), Tenant shall, at Tenant’s sole cost and expense, cause to be removed all such the Building Exterior Signs (or those Exterior Signs to which Tenant no longer has any rights, as the case may be)Sign, and Tenant shall repair all damage occasioned thereby and restore the affected areas portion of the Building and the Project where the Building Exterior Sign was located to their its original condition prior to the installation of such signage so required to be removed, ordinary wear and tear and damage by casualty exceptedthereof. If Tenant fails to timely remove such signage the Building Exterior Sign and repair and restore the affected areas Building and/or the Project as provided in the immediately preceding sentence, on five (5) business days’ notice to Tenant, then Landlord may perform such work, and all reasonable out-of-pocket costs and expenses incurred by Landlord in so performing such work shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant’s receipt of invoice therefor including interest at the Interest Ratetherefor. The immediately preceding sentence shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Xactly Corp)

Insurance/Maintenance/Removal. Tenant shall be responsible responsible, at its sole cost and expense, for (i) maintaining insurance on the Exterior Signs Signage as part of the insurance required to be carried by Tenant pursuant to Section 10.3.2 Article 10 above. Should , and (ii) the repair, maintenance and replacement, in first-class order and condition, of the Exterior Signs require maintenance, repairs and/or replacement as determined in Landlord’s reasonable judgment, Landlord shall have the right to provide written notice thereof to Tenant and Tenant shall cause such repairs, replacement 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, replacement and/or maintenance are reasonably expected to require longer than ten (10) business days to perform, Tenant shall commence such repairs, replacement and/or maintenance within such ten (10) business day period and shall diligently prosecute such repairs, replacement and maintenance to completionSignage. Should Tenant fail to perform such maintenance, repairs and/or replacement, and if such failure continues for thirty (30) days after written notice from Landlord (or such longer period of time as is reasonably required for such maintenance, repair and/or replacement if Tenant commences such work within such 30-day period and thereafter diligently prosecutes same to completion, or such shorter period of time after Tenant has received such notice as is reasonably required under the periods described circumstances in the immediately preceding sentencecase of emergency), Landlord may, but need not, perform such maintenance, repairs and/or replacements, and Tenant shall have pay Landlord the right cost thereof, including a percentage of the cost thereof sufficient to cause reimburse Landlord for all overhead, general conditions, fees and other out-of-pocket costs or expenses arising from Landlord’s involvement with such work to be performed and to charge Tenant as Additional Rent maintenance, repairs and/or replacements forthwith upon being billed for the actual and reasonable costs of such worksame. Upon the expiration or earlier termination of this Lease (or prior to such expiration or earlier termination, upon Tenant’s loss of any of its rights to the Exterior Signs Signage pursuant to Section 21.5.6 24.8.1.1 above), Tenant shall, at Tenant’s sole cost and expense, cause to be removed all such Exterior the Building Top Signs (or those Exterior Signs to which Tenant no longer has any rightsand, if elected by Landlord as the case may bedescribed hereinbelow, Tenant’s Monument Sign), and Tenant shall repair all damage occasioned thereby and restore the affected areas portion of the Building and the Project where the Building Top Signs (and, if elected by Landlord as described below, Tenant’s Monument Sign) were located to their its original condition prior to the installation thereof, it being acknowledged, however, that Tenant shall have no obligation to so remove Tenant’s Monument Sign unless Landlord delivers to Tenant written notice on or prior to the expiration or earlier termination of this Lease that Landlord will require Tenant to so remove Tenant’s Monument Sign upon the expiration or earlier termination of this Lease (or prior to such signage so required expiration or earlier termination, upon Tenant’s loss of its rights to be removed, ordinary wear and tear and damage by casualty exceptedTenant’s Monument Sign pursuant to Section 24.8.1.1 above). If Tenant fails to timely remove such signage the Building Top Signs (or, if elected by Landlord, Tenant’s Monument Sign) and repair and restore the affected areas Building and/or the Project as provided in the immediately preceding sentence, on five (5) business days’ notice to Tenant, then Landlord may perform such work, and all reasonable out-of-pocket costs and expenses incurred by Landlord in so performing such work shall be reimbursed by Tenant to Landlord within thirty (30) days after Tenant’s receipt of invoice therefor including interest at the Interest Rate. The immediately preceding sentence shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (Polycom Inc)

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