Common use of Landlord Repairs Clause in Contracts

Landlord Repairs. Upon Tenant taking possession of the Leased Premises, Tenant hereby acknowledges that it has accepted the Premises “As Is”. Landlord shall not be required to make any improvements, replacements or repairs of any kind or character to the Leased Premises or the Building during the term of this Lease except as are set forth in this Lease. Landlord shall maintain only (a) the roof, structure, columns, exterior walls, foundation, in sound, watertight condition and good state of repair; and (b) the sidewalks, curbs, driveways, parking areas (if any) and landscaping in good condition and repair, open and free of debris or other obstruction. Landlord shall not be liable to Tenant, except as expressly provided in this Lease, for any damage or inconvenience, and Tenant shall not be entitled to any abatement or reduction of rent by reason of any repairs, alterations or additions made by Landlord under this Lease. Tenant understands and agrees that Landlord may, at any time or from time to time during the term of this Lease, perform substantial renovation work in and to the Building or the mechanical systems serving the Building (which work may include, but need not be limited to, the repair or replacement of the Building’s exterior facade, electrical systems, air conditioning and ventilating and other systems), any of which work may require access to the same from within the Leased Premises. Tenant agrees that:

Appears in 1 contract

Samples: Lease (AxoGen, Inc.)

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Landlord Repairs. Upon Tenant taking possession of the Leased Premises, Tenant hereby acknowledges that it has accepted the Premises “As Is”. Landlord shall not be required to make any improvements, replacements or repairs of any kind or character to the Leased Premises or the Building building and/or the project of which the Premises are a part during the term of this Lease Term except as are set forth in this Leasesection, or in Section 6.1. Landlord shall maintain only (a) the roof, structure, columns, exterior walls, foundation, parking and common areas, the structural soundness of the exterior walls (excluding windows, window glass, plate glass and doors) and major mechanical, electrical and utility systems serving the building and project of which the Premises are a part (except for such systems exclusively serving the Premises) in sound, watertight condition and good a state of repair; good repair and (b) working order. Landlord's costs of maintaining the sidewalksitems set forth in this section are subject to the Additional Rent provisions in Section 2.2. Except as expressly provided herein, curbs, driveways, parking areas (if any) and landscaping in good condition and repair, open and free of debris or other obstruction. Landlord shall not be liable to Tenant, except as expressly provided in this Lease, for any damage or inconvenience, and Tenant shall not be entitled to any abatement or reduction of rent Base Rent or Additional Rent by reason of any repairs, alterations or additions made by Landlord under this LeaseAgreement. Tenant understands and agrees that Notwithstanding the foregoing, in the event Landlord mayfails due to reasons within its control to commence needed improvements, at any time replacements or from time repairs to time during the term building of which the Premises are a part which are to be performed by Landlord pursuant to the terms of this LeaseSection within ( ) business days following the receipt of notice from Tenant that such improvements, perform substantial renovation work in replacements or repairs are reasonably necessary, and to the Building or the mechanical systems serving the Building (which work may include, but need not be limited to, the repair or replacement such failure materially interferes with Tenant's use and enjoyment of the Building’s exterior facadePremises, electrical systemsTenant's obligation to pay rent under this Agreement shall be abated from and after such ( ) business day period until such time as Landlord completes such improvements, air conditioning and ventilating and other systems), any of which work may require access to the same from within the Leased Premises. Tenant agrees that:replacements or repairs.

Appears in 1 contract

Samples: Industrial Tenancy Agreement

Landlord Repairs. Upon Tenant taking possession The Landlord shall be responsible for maintenance of the Leased roof, downspouts, gutters, foundation and utility lines located outside the Building and structural walls of the Premises. As used herein, the term "wall" shall not include doors, windows or other components of the Premises which are not load bearing. There shall be no allowance to Tenant for a diminution of rentals value and no liability on the part of Landlord for inconvenience, annoyance or injury to business arising from Landlord or others making any construction or repair to the Premises, Tenant hereby acknowledges that it has accepted the Premises “As Is”. Building, the common areas or an adjoining premises, and no liability on the part of Landlord shall not be required for failure of the Landlord or others, to make any improvementsrepairs, replacements alterations, additions or repairs improvements in or to any portion of any kind the Premises, the Building or character common areas except to the Leased Premises or the Building during the term of this Lease except as are set forth in this Lease. Landlord shall maintain only (a) the roof, structure, columns, exterior walls, foundation, in sound, watertight condition and good state of repair; and (b) the sidewalks, curbs, driveways, parking areas (if any) and landscaping in good condition and repair, open and free of debris or other obstructionextent caused by Landlord's negligence. Landlord shall not be liable to Tenant, except as expressly provided in this Lease, Tenant for any damage caused to Tenant and its property due to the Premises or inconveniencethe Building, or any part or appurtenance thereof, being improperly constructed or being or becoming out of repair, or arising from the leaking of a pipe, facility or system for gas, water, sewage, steam, electricity or other utility. Tenant shall immediately report to Landlord any defective condition in or about the Premises known to Tenant, and if such defect is not so reported and such failure results in other damage, Tenant shall be liable for the same. Regardless of any obligation otherwise imposed upon Landlord, Tenant shall pay the cost of any repairs or damage resulting from the negligence or the unlawful or willful acts of its employees, representatives or visitors. If, after a 60- day period of time after written notice from Tenant, Landlord fails to make any repair or maintain any facility at the Premises which Landlord is obligated to repair or maintain, then Tenant may, at Tenant's option, repair or maintain the same, and Tenant shall not be entitled to any abatement or reduction deduct the cost of rent by reason of any repairs, alterations or additions made by Landlord under this Lease. Tenant understands and agrees that Landlord may, at any time or from time to time during the term of this Lease, perform substantial renovation work in and to the Building or the mechanical systems serving the Building (which work may include, but need not be limited to, the such repair or replacement of maintenance from the Building’s exterior facade, electrical systems, air conditioning and ventilating and other systems), any of which work may require access to the same from within the Leased Premises. Tenant agrees that:rental obligations hereunder.

Appears in 1 contract

Samples: Inspire Pharmaceuticals Inc

Landlord Repairs. Upon Tenant taking possession of the Leased PremisesLandlord may, Tenant hereby acknowledges that it has accepted the Premises “As Is”. Landlord but shall not be required so to do, enter the Premises at all reasonable times, upon reasonable prior oral notice (except in case of emergency), to make any improvementsrepairs, replacements alterations, improvements or repairs additions necessary for the safety, maintenance, repair, preservation or improvement of the Building, or as Landlord may be required or requested to do by the Village of Bedford Park, by the order or decree of any court or by any other proper authority or as a result of the requirements of any other tenant or occupant of the Building. In the event Landlord or its agents or contractors shall elect or be required to make repairs, alterations, improvements or additions to the Premises or the Building, Landlord shall be allowed to take into and upon the Premises all material that may be required to make such repairs, alterations, improvements or additions and, during the continuance of any of said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend any services and facilities without being deemed or held liable for damages to Tenant's property, business or person, and the Rent reserved herein shall in no way abate while said repairs, alterations, improvements or additions are xxxxx made, unless and to the extent the Premises or any portion thereof become untenantable or such repairs, alterations, improvements or additions unreasonably interfere with Tenant's ability to gain access to or conduct its business in the Premises, but in no event shall Tenant be entitled to maintain any set-off or counterclaim for damages of any kind or character to the Leased Premises or the Building during the term of this Lease except as are set forth in this Lease. against Landlord shall maintain only (a) the roof, structure, columns, exterior walls, foundation, in sound, watertight condition and good state of repair; and (b) the sidewalks, curbs, driveways, parking areas (if any) and landscaping in good condition and repair, open and free of debris or other obstruction. Landlord shall not be liable to Tenant, except as expressly provided in this Lease, for any damage or inconvenience, and Tenant shall not be entitled to any abatement or reduction of rent by reason of any repairs, alterations or additions made by Landlord under this Leasethereof. Tenant understands and agrees that Landlord may, at its option, make all such repairs, alterations, improvements or additions in and about the Building and the Premises during ordinary business hours, but if Tenant desires to have the same done at any time other time, Tenant shall pay for all overtime and additional expenses resulting thereof. Nothing contained in this Paragraph B shall be construed as requiring Landlord to keep (i) the common elements, such as entrances, stairways, lobbies, washrooms or corridors of the Building, (ii) any landscaped areas outside the Building, (iii) any other areas, facilities or appurtenances from time to time during provided for use in common by Tenant and other tenants or occupants of the term Building, (iv) the structure or exterior portions of this Lease, perform substantial renovation work in and to the Building or (v) the mechanical utility systems serving of the Building (which work may includeincluding mechanical, electrical, plumbing, elevator, life safety or fire protection) in any particular state of repair or condition, but need not if Tenant shall at any time be limited to, reasonably dissatisfied with respect to the state of repair or replacement condition of any of the Building’s exterior facadesame, electrical systems, air conditioning and ventilating and other systems), any of which work may require access then Tenant shall notify Landlord specifying its objection to the same from and, if Landlord shall not have corrected the source of such objections within thirty (30) days after such notice of any of the Leased Premises. same, then Tenant agrees that:shall have the right to terminate this Lease upon not less than ten (10) days notice to Landlord as Tenant's sole and exclusive remedy.

Appears in 1 contract

Samples: Office Lease (Donlar Corp)

Landlord Repairs. Upon Tenant taking possession (a) Except as otherwise provided in this Lease, ----------------- Landlord agrees to keep in good order, condition and repair the roof, common areas, exterior walls (including exterior glass) and structure of the Leased Building (including plumbing, mechanical and electrical systems installed by Landlord but excluding any Liebert hvac units serving Tenant's computer room and any systems installed by Tenant or installed specifically for Tenant's benefit after the completion of Landlord's Work pursuant to Article IV), all insofar as they affect the Premises, except that Landlord shall in no event be responsible to Tenant hereby acknowledges that it has accepted for the condition of glass in the Premises “As Is”or for the doors (or related glass and finish work) leading to the Premises, or for any condition in the Premises or the Building caused by any act or neglect of Tenant, its agents, employees, invitees or contractors. Subject to all other applicable provisions of this Lease, if Landlord or Landlord's agents, servants, employees or contractors shall negligently perform or negligently fail to perform a repair, and as a result of such negligent act or omission in performing such repair, damage to the physical condition of the Premises shall occur, then Landlord shall, at its sole cost and expense, repair such physical damage to the Premises (exclusive of Tenant's Removable Property) resulting from such negligent act or omission by Landlord (and the cost of repairing such physical damage shall not be includable in Operating Expenses). Landlord shall not be required responsible to make any improvements, replacements improvements or repairs of any kind or character to the Leased Premises or the Building during the term of other than as expressly in this Lease except as are set forth Section 7.1 provided, unless expressly provided otherwise in this Lease. Landlord shall maintain only (a) the roof, structure, columns, exterior walls, foundation, in sound, watertight condition and good state of repair; and (b) the sidewalks, curbs, driveways, parking areas (if any) and landscaping in good condition and repair, open and free of debris or other obstruction. Landlord shall not be liable to Tenant, except Except as otherwise expressly provided in this LeaseSection 7.1, for any damage all costs and expenses sustained or inconvenience, and Tenant shall not be entitled to any abatement or reduction of rent by reason of any repairs, alterations or additions made incurred by Landlord under in performing its obligations pursuant to this Lease. Tenant understands and agrees that Landlord may, at any time or from time to time during the term of this Lease, perform substantial renovation work Section 7.1 shall be included in and to the Building or the mechanical systems serving the Building (which work may include, but need not be limited to, the repair or replacement of the Building’s exterior facade, electrical systems, air conditioning and ventilating and other systems), any of which work may require access to the same from within the Leased Premises. Tenant agrees that:Operating Expenses.

Appears in 1 contract

Samples: Commencement and Condition (Desktop Data Inc)

Landlord Repairs. Upon Tenant taking possession of the Leased Premises, Tenant hereby acknowledges that it has accepted the Premises “As Is”. Landlord shall not be required to make any improvements, replacements or repairs of any kind or character to the Leased Premises or the Building during the term Term of this Lease except as are set forth in this Lease. Except as otherwise set forth in Section 8.2 below, Landlord shall maintain only make all necessary repairs (aboth structural and nonstructural) to (i) the roof“Building Systems” (the mechanical, structureelectrical, plumbing, sanitary, sprinkler, heating, ventilation and air conditioning, security, life-safety, elevator and other service systems or facilities of the Building and Premises (excluding, however, supplemental equipment installed by Tenant); (ii) the Common Areas, in conformance with the standards of Comparable Buildings and otherwise in good condition; and (iii) the structural parts of the Building, including without limitation the foundations, columns, footings, load-bearing and exterior walls, foundationsub-flooring, roof and roofing and all pipes and conduit serving the Building. Landlord shall also maintain (in soundaccordance with the foregoing standards), watertight condition at no additional charge to Tenant, the (x) windows and good state of repairframes, gutters, and downspouts on the Building; and (by) the sidewalks, curbs, driveways, parking areas lamp and light bulb replacement (if any) and landscaping in good condition and repair, open and free of debris or other obstructionfor Building standard lights). Landlord shall not be liable to Tenant, except as expressly provided in this Lease, for any damage or inconvenience, and and, except as provided herein, Tenant shall not be entitled to any abatement or reduction of rent Rent by reason of any repairs, alterations or additions made by Landlord under this LeaseLease except the standard for rent abatement of Section 7.12 is applicable to this Section 8.1. Tenant understands and agrees that Landlord may, at any time or from time to time during the term Term of this Lease, perform substantial renovation work in and to the Building or the mechanical systems Building Systems serving the Building (which work may include, but need not be limited to, the repair or replacement of the Building’s exterior facade, exterior window glass, elevators, electrical systems, air conditioning and ventilating and other systems, plumbing system, common hallways, or lobby), any of which work may require access to the same from within the Leased Premises. Tenant agrees that, so long as such work does not unreasonably interfere with Tenant’s use of the Premises or Server Room:

Appears in 1 contract

Samples: Office Lease Agreement (Roblox Corp)

Landlord Repairs. Upon Except in the case of damage by casualty as described in Section 4.05 below, and except as required to be repaired and maintained by Tenant taking possession under Section 4.01 above, Landlord shall, as a part of Operating Expenses, (i) maintain and repair the foundations, roof and exterior walls (excluding store fronts, plate glass windows and window frames, doors and door frames, docks, dock doors and dock levelers, and the interior of walls, all of which shall be the sole responsibility of Tenant) of the Leased PremisesBuilding and the common areas and facilities for the furnishing of various utilities (except to the extent that the same are the obligation of any public utility company or of any tenant in the Project, Tenant hereby acknowledges that it has accepted including Tenant); and (ii) clean, landscape, repair, maintain, and replace the Premises “As Is”Common Areas, and keep same reasonably free of snow, ice and other obstructions. Landlord shall will not be required to make any improvements, replacements or repairs of any kind or character to the Leased Premises or the Building during the term of this Lease except as are set forth in this Lease. Landlord shall maintain only (a) the roof, structure, columns, exterior walls, foundation, in sound, watertight condition and good state of repair; and (b) the sidewalks, curbs, driveways, parking areas (if any) and landscaping in good condition and repair, open and free of debris or other obstruction. Landlord shall not be liable to Tenant, except as expressly provided in this Lease, for any damage or inconvenience, and Tenant shall not be entitled to any abatement or reduction of rent repair necessitated by reason of any act or omission of Tenant, Tenant's Agents, or anyone claiming under Tenant or caused by any alteration, addition or improvement made by Tenant or anyone claiming under Tenant and if Landlord does make any such repairs, alterations or additions made Tenant will reimburse to Landlord the cost incurred by Landlord in so doing as Additional Rent with the monthly installment of Base Rent first due after Landlord bills Tenant for such costs. Landlord will have no liability to Tenant for failure to make repairs. Landlord shall be under no responsibility or liability for failure or interruption in the services set forth in (ii) above, nor in any event for any indirect or consequential damages. Failure or omission on the part of Landlord to furnish such service shall not be construed as an eviction of Tenant, nor work an abatement of Rent, nor render Landlord liable in damages, nor release Tenant from prompt fulfillment of any of the covenants under this Lease. Tenant understands and agrees that Landlord may, at any time or from time to time during the term of this Lease, perform substantial renovation work in and to the Building or the mechanical systems serving the Building (which work may include, but need not be limited to, the repair or replacement of the Building’s exterior facade, electrical systems, air conditioning and ventilating and other systems), any of which work may require access to the same from within the Leased Premises. Tenant agrees that:.

Appears in 1 contract

Samples: Lease Agreement (Calbatech Inc)

Landlord Repairs. Upon Tenant taking possession Landlord shall repair any problems with the electrical system serving the Premises that arise within the first sixty (60) days after the Commencement Date at Landlord’s sole cost and expense. Notwithstanding anything to the contrary herein, Landlord shall maintain and preserve, in good condition, repair, replace and restore the foundation, exterior and interior load-bearing walls, roof structure and roof covering and tuckpointing of the Leased PremisesProperty, Tenant hereby acknowledges electrical, sewer, and plumbing to the extent serving more than one tenant premises; provided, however, that it has accepted (i) subject to the Premises “As Is”. exclusions set forth above, all costs and expenses so incurred by Landlord to repair, replace and restore the above items shall constitute Operating Expenses; provided, however, that with respect to any costs incurred in the replacement context, those costs shall not constitute an Operating Expense except to the extent that such costs so qualify under Section 3.1.1(vii); and (ii) notwithstanding (i) above, in the event that any such repair, replacement or restoration is necessitated by any or all of the matters set forth in Sections 13.1(a) through (d) above (collectively, “Tenant Necessitated Repairs”), then Tenant shall be required to make any improvementsreimburse Landlord for all costs and expenses that Landlord incurs in order to perform such Tenant Necessitated Repairs, replacements or repairs of any kind or character to the Leased Premises or the Building during the term of this Lease except as are set forth in this Lease. Landlord and such reimbursement shall maintain only (a) the roof, structure, columns, exterior walls, foundationbe paid, in soundfull, watertight condition and good state within 10 days after Landlord’s delivery of repair; and (b) demand therefor. In the sidewalksevent Landlord fails to complete a maintenance, curbs, driveways, parking areas (if any) and landscaping in good condition and repair, open and free of debris or other obstruction. Landlord shall not be liable to Tenant, except as expressly provided in this Lease, for any damage or inconvenience, and Tenant shall not be entitled to any abatement or reduction of rent by reason of any repairs, alterations or additions made by Landlord under this Lease. Tenant understands and agrees that Landlord may, at any time or from time to time during the term of this Lease, perform substantial renovation work in and to the Building or the mechanical systems serving the Building (which work may include, but need not be limited to, the repair or replacement obligation within a reasonable period of time after receiving from Tenant written notice of the Building’s exterior facadeneed for such repairs, electrical systemsor immediately in the event of an emergency, air conditioning then Tenant shall have the right to complete such obligation and ventilating and other systems), any of which work may require access to Landlord shall reimburse Tenant for the same from within the Leased Premises. Tenant agrees that:reasonable costs thereof.

Appears in 1 contract

Samples: Makemusic Inc

Landlord Repairs. Upon Tenant taking possession of the Leased Premises, Tenant hereby acknowledges that it has accepted the Premises “As Is”. Landlord shall not be required to make any improvements, replacements or repairs of any kind or character to the Leased Premises or the Building during the term Term of this Lease except as are set forth in this LeaseSection. Landlord shall maintain only (a) the roof, structure, columns, exterior walls, foundation, in sound, watertight condition and good state of repair; and (b) the sidewalks, curbs, driveways, parking areas (if any) and landscaping Common Areas, and the structural soundness of the exterior walls. Landlord's cost of maintaining and repairing the items set forth in good condition and repair, open and free of debris or other obstructionthis Section are subject to the additional Rent provisions in Article 5. Landlord shall not be liable to Tenant, except as expressly provided in this Lease, for any damage or inconvenience, and Tenant shall not be entitled to any damages nor to any abatement or reduction of rent Rent by reason of any repairs, alterations or additions made by Landlord under this Lease. Tenant understands and agrees Except for Landlord's obligations under this Paragraph, it is intended by the parties that Landlord mayshall have no obligation, at in any time manner whatsoever, to repair and maintain the Premises, nor the Building located thereon, nor the equipment therein, whether structural or from time non-structural, all of which obligations are intended to time during the term of be Tenant's obligations under this Lease, perform substantial renovation work in and to the Building or the mechanical systems serving the Building (which work may include, but need not be limited to, the repair or replacement of the Building’s exterior facade, electrical systems, air conditioning and ventilating and other systems), any of which work may require access to the same from within the Leased Premises. Tenant agrees that:expressly waives the benefit of any statute now or hereinafter in effect which would otherwise afford Tenant the right to make repairs at Landlord's expense or to terminate this Lease because of Landlord's failure to keep the Premises in good order, condition and repair.

Appears in 1 contract

Samples: Office Lease Agreement (Mypoints Com Inc)

Landlord Repairs. Upon Tenant taking possession of the Leased Premises, Tenant hereby acknowledges that it has accepted the Premises “As Is”. Landlord shall not be required to make any improvements, replacements or repairs of any kind or character to the Leased Premises or the Building during the term of this Lease except as are set forth in this Lease. Landlord shall maintain only (a) the roof, structurefoundation, columnsparking and Common Areas, the structural elements of the Building, including without limitation the exterior walls, foundationdoors, corridors, windows and other structures or equipments serving the Leased Premises. Landlord's cost of maintaining and repairing the items set forth are subject to the additional rent provisions in soundSection 2.3. In addition, watertight condition Landlord shall repair and good state pay for the portion of repair; any damage actually caused by any negligent act or omission of Landlord, its /s/ ------------------- Initials agents, servants or employees, and (b) the sidewalks, curbs, driveways, parking areas (if any) and landscaping costs thereof shall not be includible in good condition and operating expenses. In any case that Tenant notifies Landlord in writing of the need for a repair, open replacement, alteration or addition that is Landlord's obligation to perform hereunder, Landlord, upon receipt of such written notice, shall commence as soon as reasonably practicable, and free of debris thereafter diligently prosecute such repair or other obstructionreplacement to completion, such prosecution to be conducted in a manner reasonably designed to minimize any interference with Tenant's business operations that might be occasioned thereby. Landlord shall not be liable to Tenant, except as expressly provided in this Lease, for any damage or inconvenience, inconvenience and Tenant shall not be entitled to any damages nor to any abatement or reduction of rent by reason of any repairs, alterations or additions made by Landlord under this Lease. Tenant understands and agrees that Landlord may, at any time or from time to time during the term of this Lease, perform substantial renovation work in and to the Building or the mechanical systems serving the Building (which work may include, but need not be limited to, the repair or replacement of the Building’s exterior facade, electrical systems, air conditioning and ventilating and other systems), any of which work may require access to the same from within the Leased Premises. Tenant agrees that:.

Appears in 1 contract

Samples: Office Lease (Access Integrated Technologies Inc)

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Landlord Repairs. Upon Except to the extent such items are the responsibility of Tenant taking possession as set forth in Section 13.01, Landlord shall: (i) maintain in good condition, reasonable wear and tear excepted, and repair and replace if required by this Section 13.03 or the other provisions of this Lease, above, as necessary, extraordinary (as opposed to routine) and/or structural maintenance of the Leased Premisesroof, Tenant hereby acknowledges that it has accepted exterior walls, slab, foundations, and structural components of the Building, (ii) be responsible for performing the obligations and obtaining the service contracts designated as Landlord’s responsibility on Exhibit Q attached hereto and made a part hereof, and (iii) be responsible, as between Landlord and Tenant, for maintaining and repairing the utility and plumbing systems at the Property to the actual points of service inside the Premises (collectively referred to herein as As IsLandlord Repairs. ), except that Landlord shall not be required to make responsible for any improvements, replacements maintenance or repairs provided herein (I) caused by Tenant’s misuse of the Premises, or Tenant’s or any kind Tenant Party’s negligent errors or character omissions or intentional misconduct, (II) as a result of the failure of Tenant to the Leased Premises perform or the Building during the term of observe any conditions or agreements contained in this Lease (but rather Tenant shall, subject to Section 12.01, be responsible for such maintenance or repair), or (III) required of Tenant pursuant to Section 13.01. The cost of Landlord Repairs shall be considered part of the Operating Costs as provided in Section 5.02A above (except as are set forth in said Section 5.02A). Tenant agrees to provide Landlord written notice of any item requiring repair or replacement under this LeaseSection 13.03 and to provide Landlord a reasonable opportunity to commence and complete the same. Landlord shall maintain only (a) cause Landlord Repairs to be performed with reasonable commercial diligence, and, except in the roofcase of an emergency or hazardous condition, structure, columns, exterior walls, foundation, in sound, watertight condition and good state of repair; and (b) the sidewalks, curbs, driveways, parking areas (if any) and landscaping in good condition and repair, open and free of debris or other obstruction. Landlord shall not cause Landlord Repairs to be liable done outside of Tenant’s regular business hours if the performance thereof shall interfere with or disrupt the normal business activities of Tenant at the Property and Tenant shall reimburse Landlord for the reasonable incremental costs thereof. If Landlord fails to Tenant, except perform Landlord Repairs as expressly provided in and when required under this Lease, and such failure continues for any damage thirty (30) days after notice from Tenant (provided, that in the event of an emergency or inconveniencehazardous condition, and Tenant shall only be required to provide such notice (prior or subsequent) as is reasonable under the circumstances), then Tenant shall have the right (but not be entitled the obligation) to any abatement or reduction perform such Landlord Repairs on Landlord’s account, in which event Landlord will reimburse Tenant for the reasonable costs incurred by Tenant in connection therewith within thirty (30) days after Landlord’s receipt of rent by reason of any repairs, alterations or additions made by Landlord under this Lease. an invoice therefor from Tenant understands (failing which Tenant shall have (without limiting its other rights and agrees that Landlord may, at any time or from time to time during remedies) the term offset rights described in Section 30.02 of this Lease, perform substantial renovation work as set forth in and to the Building or the mechanical systems serving the Building (which work may include, but need not be limited to, the repair or replacement of the Building’s exterior facade, electrical systems, air conditioning and ventilating and other systemssaid Section 30.02), any of which work may require access to the same from within the Leased Premises. Tenant agrees that:.

Appears in 1 contract

Samples: Industrial Lease (CDW Corp)

Landlord Repairs. Upon Tenant taking possession of the Leased Premises, Tenant hereby acknowledges that it has accepted the Premises “As Is”. Landlord shall not be required to make any improvements, replacements or repairs of any kind or character to the Leased Premises or the Building during the term of this Lease except as are set forth in this LeaseSection. Landlord shall keep and maintain the common areas and improvements located therein in good order, condition and repair, including, without limitation, lawn maintenance and snow, ice and debris removal consistent with industry standards for buildings comparable to the Building. Landlord shall maintain only (a) the roof, structurefoundation, columnsfloor slab, parking and common areas, the structural soundness of the exterior walls, foundationdoors, corridors, and other structures serving the Premises, provided, that Landlord's cost of maintaining, replacing and repairing the items set forth in sound, watertight condition this Section are Operating Expenses subject to the additional rent provisions in Section 2.2 and good state of repair; and (b) the sidewalks, curbs, driveways, parking areas (if any) and landscaping in good condition and repair, open and free of debris or other obstruction2.3. Landlord shall not be liable to Tenant, except as expressly provided in this Lease, for any damage or inconvenience, and Tenant shall not be entitled to any abatement or reduction of rent by reason of any repairs, alterations or additions made by Landlord under this Lease, unless the repairs are caused by the negligent or willful and wanton actions or omissions of Landlord and prevent Tenant from using the Premises for more than three (3) consecutive days. Tenant understands Landlord acknowledges and agrees that Landlord may, at any time or from time to time during the term of this Lease, perform substantial renovation work in and to the Building or the mechanical systems serving the Building (which work may include, but need not be limited to, the repair or replacement of the Building’s exterior facadeHVAC unit compressors and/or heat exchangers exclusively serving the Premises shall be at Landlord's expense, electrical systemsif such items cannot be repaired. If such compressors and/or heat exchangers can be repaired, air conditioning the full cost of repair will be invoiced to and ventilating and other systems)paid by Tenant, any unless it occurs in the first year of which work may require access to the same from within lease term or is covered by a manufacturer's warranty. This agreement by Landlord is also contingent on Tenant providing proof of carrying a preventative maintenance program for the Leased Premises. Tenant agrees that:HVAC system.

Appears in 1 contract

Samples: Fieldworks Inc

Landlord Repairs. Upon Tenant taking possession Landlord, during the Term of this Lease and any extension thereof, shall make (i) all repairs and replacements to all structural portions of the Leased Premises and Building, including, but not limited to, the exterior walls (including doors), roof and foundations, pipes and conduits, and utility installations, serving the Building and Premises, (ii) all repairs and replacements to all Common Areas, including without limitation all sidewalks, driveways, service areas and curbs (irrespective of any duty on the part of any governmental agency to make or order such repairs and replacements), and (iii) all repairs and replacements necessary to put and maintain the exterior of the Building and parking area (including, but not limited to, filling holes and resealing as necessary, but subject to normal wear and tear), including all improvements now or hereafter thereon, and all appurtenances thereto (including sewer and sewer connections, water and gas pipes and connections, electrical wires and connections) in a safe and tenantable condition and in good order and repair as expected for a comparable single story office flex building in the Northern Suburbs of Chicago, Illinois, except for those repairs made necessary by the negligent acts of the Tenant hereby acknowledges that it has accepted or its employees to the extent those repairs are not covered by Landlord’s insurance. Landlord shall make all repairs to the interior of the Premises “As Is”. which may be of a structural nature or which are caused by structural failures or movement, repairs to the interior of the Premises made necessary by leakage of the roof, or by leakage of any utility installation; provided, however, that Landlord shall not be required obligated to make repairs for any improvementsstructural damage caused by Tenant, its employees, invitees or agents. Upon the necessity for any of the foregoing repairs and/or replacements, whether Landlord learns of such necessity via notice from Tenant or otherwise, Landlord agrees to expeditiously make such repairs and/or replacements or repairs at Landlord’s sole cost and expense (i.e., not to be charged back to Tenant as part of any kind or character to the Leased Premises or the Building during the term of this Lease except as are set forth in this Leasecommon area cost). Landlord shall maintain only commence such repairs and/or replacements not later than five (a5) the roof, structure, columns, exterior walls, foundationbusiness days after (or immediately after, in sound, watertight condition and good state the event of repair; and (bimminent threat to person or property) Landlord learns or is notified of the sidewalks, curbs, driveways, parking areas (if any) and landscaping in good condition and repair, open and free of debris or other obstruction. Landlord shall not be liable to Tenant, except as expressly provided in this Lease, for any damage or inconvenienceneed therefor, and shall diligently pursue such repairs and/or replacements to completion. Lawns, landscaping and shrubbery care and snow removal shall be the responsibility of Landlord and shall be a common area maintenance cost of which Tenant shall not be entitled to any abatement or reduction of rent by reason of any repairs, alterations or additions made by Landlord under this Lease. Tenant understands and agrees that Landlord may, at any time or from time to time during the term of this Lease, perform substantial renovation work in and to the Building or the mechanical systems serving the Building (which work may include, but need not be limited to, the repair or replacement of the Building’s exterior facade, electrical systems, air conditioning and ventilating and other systems), any of which work may require access to the same from within the Leased Premises. Tenant agrees that:pay its proportionate share.

Appears in 1 contract

Samples: Lease (Nanosphere Inc)

Landlord Repairs. Upon Tenant taking possession of the Leased PremisesLandlord may, Tenant hereby acknowledges that it has accepted the Premises “As Is”. Landlord but shall not be required so to do, enter the Premises at all reasonable times, upon reasonable prior oral notice (except in case of emergency), to make any improvementsrepairs, replacements alterations, improvements or repairs additions necessary for the safety, maintenance, repair, preservation or improvement of the Building, or as Landlord may be required or requested to do by the Village of Bedford Park, by the order or decree of any court or by any other proper authority or as a result of the requirements of any other tenant or occupant of the Building. In the event Landlord or its agents or contractors shall elect or be required to make repairs, alterations, improvements or additions to the Premises or the Building, Landlord shall be allowed to take into and upon the Premises all material that may be required to make such repairs, alterations, improvements or additions and, during the continuance of any of said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend any services and facilities without being deemed or held liable for damages to Tenant's property, business or person, and the Rent reserved herein shall in no way abatx xxxle said repairs, alterations, improvements or additions are being made, unless and to the extent the Premises or any portion thereof become untenantable or such repairs, alterations, improvements or additions unreasonably interfere with Tenant's ability to gain access to or conduct its business in the Premises, but in no event shall Tenant be entitled to maintain any set-off or counterclaim for damages of any kind or character to the Leased Premises or the Building during the term of this Lease except as are set forth in this Lease. against Landlord shall maintain only (a) the roof, structure, columns, exterior walls, foundation, in sound, watertight condition and good state of repair; and (b) the sidewalks, curbs, driveways, parking areas (if any) and landscaping in good condition and repair, open and free of debris or other obstruction. Landlord shall not be liable to Tenant, except as expressly provided in this Lease, for any damage or inconvenience, and Tenant shall not be entitled to any abatement or reduction of rent by reason of any repairs, alterations or additions made by Landlord under this Leasethereof. Tenant understands and agrees that Landlord may, at its option, make all such repairs, alterations, improvements or additions in and about the Building and the Premises during ordinary business hours, but if Tenant desires to have the same done at any time other time, Tenant shall pay for all overtime and additional expenses resulting thereof. Nothing contained in this Paragraph B shall be construed as requiring Landlord to keep (i) the common elements, such as entrances, stairways, lobbies, washrooms or corridors of the Building, (ii) any landscaped areas outside the Building, (iii) any other areas, facilities or appurtenances from time to time during provided for use in common by Tenant and other tenants or occupants of the term Building, (iv) the structure or exterior portions of this Lease, perform substantial renovation work in and to the Building or (v) the mechanical utility systems serving of the Building (which work may includeincluding mechanical, electrical, plumbing, elevator, life safety or fire protection) in any particular state of repair or condition, but need not be limited to, the repair or replacement of the Building’s exterior facade, electrical systems, air conditioning and ventilating and other systems), any of which work may require access to the same from within the Leased Premises. Tenant agrees that:if

Appears in 1 contract

Samples: Office Lease (Donlar Corp)

Landlord Repairs. Upon Subject to the provisions of Articles 16 and 17, and except for (i) reasonable wear and tear, (ii) repairs that Tenant taking possession is required to perform pursuant to this Lease, and (iii) maintenance or replacement necessitated as a result of the Leased Premisesact or neglect of Tenant, Tenant hereby acknowledges that it has accepted its employees, agents, contractors, licensees or invitees, Landlord shall (i) make all structural repairs to the Demised Premises “As Is”. Landlord and other portions of the Office Facility, including without limitation, repairs to the concrete floors, bearing walls, foundations and columns (which expenses shall not be required to make included in any improvements, replacements or repairs of any kind or character to the Leased Premises or the Building during the term of this Lease except as are set forth in this Lease. Landlord shall maintain only (a) the roof, structure, columns, exterior walls, foundation, in sound, watertight condition and good state of repair; and (b) the sidewalks, curbs, driveways, parking areas (if any) and landscaping in good condition and repair, open and free of debris or other obstruction. Landlord shall not be liable operating expenses passed through to Tenant), except (ii) maintain, repair and replace as expressly provided in this Lease, for any damage or inconvenience, necessary the roof and Tenant shall not be entitled to any abatement or reduction roof membrane of rent by reason of any repairs, alterations or additions made by Landlord under this Lease. Tenant understands and agrees that Landlord may, at any time or from time to time during the term of this Lease, perform substantial renovation work in and to the Building or the mechanical systems serving the Building (which work may include, but need expenses shall not be limited toincluded in any operating expenses passed through to Tenant), the (iii) maintain, repair or replacement of the Building’s exterior facadeand replace, as necessary, all systems and other items serving more than one tenant's premises, including without limitation, exhaust fans, electrical systems, air conditioning plumbing, sewer and ventilating water systems, fire sprinklers and fire protection systems, elevators, HVAC systems, emergency systems, telephone, television and data transmission lines, Building security systems (if any), parking lot lighting and other systemslighting systems and signage, (iv) maintain, repair and replace as necessary the HVAC system servicing the Demised Premises (notwithstanding the fact that it services only the Demised Premises), any and (v) maintain, repair and replace all Common Areas as provided in Article 8. The amounts reasonably expended by Landlord in complying with subsections (iii), (iv) and (v) above shall constitute Operating Expenses under Article 5, Section 2(a)(ii). In the event the Demised Premises shall be without air conditioning, elevators or other services resulting in a substantial interruption of which work may require access Tenant's business for forty-eight (48) hours or more, then the Base Rent and all additional rent shall be abated, to the same from within extent covered by Landlord's rental value insurance, for that period of time after the Leased Premises. Tenant agrees that:services have been substantially disrupted to and through the date that the services to the Demised Premises are substantially restored.

Appears in 1 contract

Samples: Lease (Cross Country Inc)

Landlord Repairs. Upon Tenant taking possession Landlord shall maintain, in good condition, the Common Areas, the foundations, exterior walls and roof of the Leased PremisesBuilding, all window frames and windows, all structural elements of the Building, and the Building plumbing (excluding plumbing which Tenant hereby acknowledges that it has accepted is required to repair pursuant to Article 5.1), heating, ventilating or air conditioning and the Premises “As Is”Building water, sewer and electrical distribution systems. Landlord shall not be required in breach of its obligation to make any improvementsrepairs or replacements hereunder until the expiration of thirty (30) days following written notice from Tenant to Landlord of the need therefor. Except as provided in Articles 10, replacements 12.3 and 19.1 hereof, there shall be no allowance to Tenant for a diminution of rental value, and no liability on the part of Landlord by reason of inconvenience, annoyance or repairs injury to business arising from the making of, or the failure to make, any repairs, alterations, decorations, additions or improvements in or to any portion of the Building or any kind of the areas used in connection with the operation thereof, or character the Demised Premises, or in or to fixtures, appurtenances or equipment, or by reason of the act or neglect of Tenant or any other tenant or occupant of the Building; and in no event shall Landlord be responsible for any consequential damages arising or alleged to have arisen from any of the foregoing matters; provided, however, in the event the Demised Premises (or a portion thereof) are rendered unusable due to any such repair work by Landlord, Landlord's agents, employees, contractors or third parties performing such repair work at the Building or Site, then one (1) day of Base Monthly Rent (or portion thereof according to the Leased part of the Demised Premises rendered unusable) shall be abated for every day the Demised Premises (or portion thereof) are rendered unusable. Tenant hereby waives all rights under the Building provisions of Sections 1932, 1933, 1941 and 1942 of the Civil Code of the State of California and all rights under any law in existence during the term of this Lease except as are authorizing a tenant to make repairs at the expense of a landlord or to terminate a lease upon the complete or partial destruction of the leased premises; provided, however, Tenant shall have those rights expressly set forth in this Lease. Landlord shall maintain only (a) the roof, structure, columns, exterior walls, foundation, in sound, watertight condition and good state of repair; and (b) the sidewalks, curbs, driveways, parking areas (if any) and landscaping in good condition and repair, open and free of debris or other obstruction. Landlord shall not be liable to Tenant, except as expressly provided in this Lease, for any damage or inconvenience, and Tenant shall not be entitled to any abatement or reduction of rent by reason of any repairs, alterations or additions made by Landlord under this Lease. Tenant understands and agrees that Landlord may, at any time or from time to time during the term of this Lease, perform substantial renovation work in and to the Building or the mechanical systems serving the Building (which work may include, but need not be limited to, the repair or replacement of the Building’s exterior facade, electrical systems, air conditioning and ventilating and other systems), any of which work may require access to the same from within the Leased Premises. Tenant agrees that:.

Appears in 1 contract

Samples: Lease (Kabira Technologies Inc)

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