LANDLORD. Anything contained in Section 13.1 above to the contrary notwithstanding, as items of Operating Expenses, Landlord shall repair and maintain the structural portions of the Building, including the foundations and roof structure. Landlord shall repair and maintain the basic plumbing, elevators, life safety systems and other building systems, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlord, and perform roof repair and maintenance to the Premises. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Landlord shall not be required to make any repair resulting from (i) any alteration or modification to the Building or to mechanical equipment within the Building performed by, or on behalf of, Tenant or to special equipment or systems installed by, or on behalf of, Tenant, (ii) the installation, use or operation of Tenant’s property, fixtures and equipment, (iii) the moving of Tenant’s property in or out of the Building or in and about the Premises, (iv) Tenant’s use or occupancy of the Premises in violation of Section 6 of this Lease or in a manner not contemplated by the parties at the time of the execution of this Lease, (v) the acts or omissions of Tenant or any employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants of Tenant (individually, a “Tenant Party” and collectively, “Tenant’s Parties”), (vi) fire and other casualty, except as provided by Section 21 of this Lease or (vii) condemnation, except as provided in Section 22 of this Lease. Landlord shall have no” obligation to make repairs under this Section 13.2 until a reasonable time after (a) Landlord first becomes aware of the need for such repairs, or (b) receipt of written notice from Tenant of the need for such repairs, whichever is earlier. There shall be no abatement of Rent during the performance of such work. Except for the initial Tenant Improvements, if any, provided for in the Work Letter, Landlord shall have no obligation during the Term of this Lease to remodel, repair, improve, decorate or paint any part of the Premises or to clean, repair or replace carpeting or window coverings. Landlord shall not be liable to Tenant for injury or damage that may result from any defect in the construction or condition of the Premises, nor for any damage that may result from interruption of Tenant’s use of the Premises during any repairs by Landlord. Tenant waives any right to repair the Premises, the Building and/or the Common Area at the expense of Landlord under any Applicable Laws including without limitation Sections 1941 and 1942 of the California Civil Code.
Appears in 2 contracts
Samples: Office Lease (Rimini Street, Inc.), Office Lease (Rimini Street, Inc.)
LANDLORD. Anything contained in Section 13.1 above to the contrary notwithstanding, as items of Operating Expenses, Landlord shall repair and maintain the structural portions of the Building, including the foundations and roof structure. Landlord shall repair and maintain the basic plumbing, elevators, life safety systems and other building systems, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlord, and perform roof repair and maintenance to the Premises. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Landlord shall not be required to make any repair resulting from (i) any alteration repairs or modification improvements to the Building or to mechanical equipment within the Building performed by, or on behalf of, Tenant or to special equipment or systems installed by, or on behalf of, Tenant, (ii) the installation, use or operation of Tenant’s property, fixtures and equipment, (iii) the moving of Tenant’s property in or out of the Building or in and about the Premises, unless such repairs are made necessary by any act or omission or negligence of Landlord or its employees, agents, or contractors (iv) Tenant’s use or occupancy of collectively, the Premises in violation of Section 6 of this Lease or in a manner not contemplated by the parties at the time of the execution “Landlord Parties”); provided, however, subject to Article 31 of this Lease, Landlord shall maintain the roof, the exterior of the Building, the foundation and all other structural elements of the Building, electrical (vexcept to the extent installed by Tenant), underground plumbing and conduits, and all other Building systems servicing the Premises, up to the point of entry into the Premises, and structural repairs and replacements in the Premises, the parking areas and landscape areas (excluding any landscaping within the Premises) and public and common areas of the acts Building in reasonably good order and condition, ordinary wear and tear excepted. Notwithstanding any provision herein to the contrary, Landlord shall not be required to make or omissions pay for any repairs made necessary by any act or omission or negligence of Tenant or any its employees, agents, or contractors, or, while in the Premises, of Tenant’s invitees and customers, visitorsand Tenant shall reimburse Landlord for all such repairs made by Landlord promptly following Lxxxxxxx’s written demand therefor, inviteestogether with invoices for same. In addition, licensees, contractors, assignees or subtenants of Tenant (individually, a “Tenant Party” and collectively, “Tenant’s Parties”), (vi) fire and other casualty, except as provided by Section 21 of this Lease or (vii) condemnation, except as provided Landlord shall be responsible for those services for the Property more particularly described in Section 22 31 of this Lease. Landlord shall have no” obligation use due diligence in making any such repairs and shall perform such repair work, except in case of emergency, at times reasonably convenient to make repairs under this Section 13.2 until a reasonable time after (a) Landlord first becomes aware Tenant and otherwise in such manner as will not materially interfere with Txxxxx's use of the need for Premises. It is understood that Landlord does not warrant that any of the services referred to above, or that these or any other services which Landlord may supply, will be free from interruption. Tenant acknowledges that any one or more such services may be suspended or reduced by reason of accident or repairs, alterations or (b) receipt improvements necessary to be made, by strikes or accident or by any cause beyond the reasonable control of written notice from Tenant Landlord, or by orders or regulations of the need for any federal, state, county or municipal authority. Any such repairs, whichever is earlier. There shall be no abatement interruption or suspension of Rent during the performance of such work. Except for the initial Tenant Improvements, if any, provided for in the Work Letter, services supplied by Landlord shall have no obligation during the Term not be deemed an eviction or disturbance of this Lease to remodel, repair, improve, decorate or paint any part Tenant’s use and possession of the Premises or to cleanany part thereof, repair or replace carpeting or window coverings. render Landlord shall not be liable to Tenant for injury damages or damage that may result for abatement of rent or relieve Tenant from any defect in the construction or condition of the Premises, nor for any damage that may result from interruption performance of Tenant’s use obligation under this Lease; provided, however, if an interruption or suspension in service is due to Landlord’s negligence or willful misconduct, then, as Tenant’s sole and exclusive remedy, Base Rent shall be abated, commencing on the expiration of three (3) consecutive business days that any such services have been interrupted, through the date on which such service is restored to the extent that Tenant may substantially resume its operations. Any repairs or services within the Premises (which may include, at Landlord’s option, without limitation, janitorial, dumpster, mechanical, electrical, plumbing, pest control, Building standard light bulbs and their change-out, carpet cleaning, etc.) not provided pursuant to Sections 8 or 31 that are handled by the Landlord on behalf of the Premises during any Tenant, if requested by Tenant or due to Tenant's failure to handle such repairs or services within a timely manner after notice to Tenant by Landlord. , including repairs or replacements to the HVAC system servicing the Premises (the “HVAC System”), to the extent same are the responsibility of Tenant, will be billed back to the Tenant waives any right to repair for the Premises, the Building and/or the Common Area at the expense total cost of Landlord under any Applicable Laws including without limitation Sections 1941 and 1942 of the California Civil Coderepairs or services plus a fifteen percent (15%) administrative surcharge.
Appears in 2 contracts
Samples: Lease Agreement (In8bio, Inc.), Lease Agreement (In8bio, Inc.)
LANDLORD. Anything contained 12.2.1 Except as otherwise provided in Section 13.1 above this Lease, and subject to the contrary notwithstanding, as items of Operating Expensesfollowing limitations, Landlord shall shall, at its sole cost and expense, repair and maintain damage to the structural components of the roof, the foundation and exterior portions of exterior walls (excluding wall coverings, painting, glass and doors) of the Building; provided, including the foundations and roof structure. Landlord shall repair and maintain the basic plumbinghowever, elevatorsif such damage is caused by an act or omission of Tenant, life safety systems and other building systemsTenant’s employees, heatingagents, ventilatinginvitees, air conditioning and electrical systems installed subtenants, or furnished by Landlordcontractors, and perform roof repair and maintenance to the Premises. Landlord shall not be liable for any failure to make any then such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of be at Tenant’s sole expense. Notwithstanding the need of such repairs or maintenance is given to Landlord by Tenant. foregoing, Landlord shall not be required to make any repair resulting from (any of the following conditions:
i) any Any alteration or modification to the Building or to mechanical equipment within the Building performed by, for or on behalf of, because of Tenant or to special equipment or systems installed by, for or on behalf of, because of Tenant, (;
ii) the The installation, use or operation of Tenant’s property, fixtures and equipment, (;
iii) the The moving of Tenant’s property Property in or out of the Building or in and about the Premises, (;
iv) Tenant’s use or occupancy of the Premises in violation of Section 6 8 of this Lease or in a the manner not contemplated by the parties at the time of the execution of this Lease, (;
v) the The acts or omissions of Tenant or any and Tenant’s employees, agents, customers, visitors, invitees, licenseessubtenants, licensees or contractors, assignees or subtenants of Tenant (individually, a “Tenant Party” and collectively, “Tenant’s Parties”), (;
vi) fire Fire and other casualty, except as provided by Section 21 Sections 13 and 14 of this Lease or (Lease; or
vii) condemnationCondemnation, except as provided in Section 22 15 of this Lease. Landlord shall have no” no obligation to make repairs under this Section 13.2 12.2 until a commercially reasonable time after (a) Landlord first becomes aware of the need for such repairs, or (b) receipt of written notice from Tenant of the need for such repairs, whichever is earlier. There shall be no abatement of Rent during the performance of such work. Except Unless as due to Landlord’s gross negligence or willful misconduct, Landlord shall not be liable to Tenant for the initial Tenant Improvements, if any, provided for injury or damage that may result from any defect in the Work Letterconstruction or condition of the Premises, nor for any Landlord’s Initials CZ Tenant’s Initials HZ damage that may result from interruption of Tenant’s use of the Premises during any repairs by Landlord. Tenant waives any right to repair the Premises, the Building and/or the Common Area at the expense of Landlord under any applicable governmental laws, ordinances, statutes, orders or regulations now or hereafter in effect which might otherwise apply.
12.2.2 Landlord shall have no obligation to make repairs under this Section 12.2 until a commercially reasonable time after receipt of written notice from Tenant of the need for such repairs. There shall be no abatement of Rent during the Term performance of this Lease such work. Unless due to remodelLandlord’s gross negligence or willful misconduct, repair, improve, decorate or paint any part of the Premises or to clean, repair or replace carpeting or window coverings. Landlord shall not be liable to Tenant for injury or damage that may result from any defect in the construction or condition of the Premises, nor for any damage that may result from interruption of Tenant’s use of the Premises during any repairs by Landlord. Tenant waives any right to repair the Premises, the Building and/or the Common Area at the expense of Landlord under any Applicable Laws including without limitation Sections 1941 and 1942 of the California Civil Codeapplicable governmental laws, ordinances, statutes, orders or regulations now or hereafter in effect which might otherwise apply.
Appears in 2 contracts
Samples: Multi Purpose Commercial Building Lease (Sientra, Inc.), Multi Purpose Commercial Building Lease (Sientra, Inc.)
LANDLORD. Anything contained 12.2.1 Except as otherwise provided in Section 13.1 above this Lease, and subject to the contrary notwithstandingfollowing limitations, Landlord shall, at its sole cost and expense (and without passing such expenses and costs on to Tenant as items of Operating Expenses) keep in good order and repair the structural components of the roof, the foundation and other structural components, and exterior portions of exterior walls (excluding wall coverings, painting, glass and doors) of the Building; provided, however, if such damage is caused by an act or omission of Tenant, Tenant’s employees, agents, invitees, subtenants, or contractors, then such repairs shall be at Tenant’s sole expense. As an Operating Expense that shall be passed-through to Tenant as provided herein, Landlord shall also keep in good order and repair the Common Areas and maintain the structural portions of building systems serving the BuildingPremises, including the foundations and roof structure. Landlord shall repair and maintain the basic plumbingwithout limitation, elevatorsHVAC, life safety systems and other building systems, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlordelectrical, and perform roof repair and maintenance to plumbing systems. Notwithstanding the Premises. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. foregoing, Landlord shall not be required to make any repair resulting from (any of the following conditions:
i) any Any alteration or modification to the Building or to mechanical equipment within the Building performed by, for or on behalf of, because of Tenant or to special equipment or systems installed by, for or because of Tenant, provided that this clause i) shall not apply to any of the Landlord’s Work performed by Existing Landlord under the Existing Lease or by or on behalf ofof Landlord to fulfill its obligations with respect to the completion, Tenantrepair, (or replacement of such Landlord’s Work or any other work performed by Landlord in connection with the MAC Surviving Liabilities;
ii) the The installation, use or operation of Tenant’s property, fixtures and equipment, (;
iii) the The moving of Tenant’s property Property in or out of the Building or in and about the Premises, (;
iv) Tenant’s use or occupancy of the Premises in violation of Section 6 8 of this Lease or in a the manner not contemplated by the parties at the time of the execution of this Lease, (;
v) the The acts or omissions of Tenant or any and Tenant’s employees, agents, customers, visitors, invitees, licenseessubtenants, licensees or contractors, assignees or subtenants of Tenant (individually, a “Tenant Party” and collectively, “Tenant’s Parties”), (;
vi) fire Fire and other casualty, except as provided by Section 21 13 of this Lease or (Lease; and
vii) condemnationCondemnation, except as provided in Section 22 15 of this Lease. .
12.2.2 Landlord shall have no” no obligation to make repairs under this Section 13.2 12.2 until a commercially reasonable time after (a) Landlord first becomes aware of the need for such repairs, or (b) receipt of written notice from Tenant of the need for such repairs, whichever is earlier. There shall be no abatement of Rent during the performance of such work, except as expressly set forth in this Lease. Except for the initial Tenant ImprovementsUnless due to Landlord’s gross negligence or willful misconduct, if any, provided for in the Work Letter, Landlord shall have no obligation during the Term of this Lease to remodel, repair, improve, decorate or paint any part of the Premises or to clean, repair or replace carpeting or window coverings. Landlord shall not be liable to Tenant for injury or damage that may result from any defect in the construction or condition of the Premises, nor for any damage that may result from interruption of Tenant’s use of the Premises during any repairs by Landlord, except for rental abatement as expressly provided under this Lease. Tenant waives any right to repair the Premises, the Building and/or or the Common Area at the expense of Landlord under any Applicable Laws including without limitation Sections 1941 and 1942 of the California Civil Codeapplicable governmental laws, ordinances, statutes, orders or regulations now or hereafter in effect which might otherwise apply.
Appears in 2 contracts
Samples: Industrial Lease (Appfolio Inc), Industrial Lease (Appfolio Inc)
LANDLORD. Anything contained in Section 13.1 above Landlord shall, subject to the contrary notwithstandingfollowing limitations, as items repair damage to structural portions of Operating Expensesthe roof, Landlord shall repair foundation and maintain load-bearing portions of walls (excluding wall coverings, painting, glass and doors) of the Building, and damage to the exterior walls and other structural portions of the Building; provided, including the foundations and roof structure. Landlord shall repair and maintain the basic plumbingif such damage is caused by an act or omission of Tenant, elevatorsor any Tenant Party, life safety systems and other building systems, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlord, and perform roof repair and maintenance to the Premises. Landlord shall not be liable for any failure to make any then such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by be at Tenant's sole expense. Landlord shall not be required to make any repair resulting from (i) any alteration or modification to the Building or to mechanical equipment within the Building performed by, for or on behalf of, because of Tenant or to special equipment or systems installed by, for or on behalf of, because of Tenant, (ii) the installation, use or operation of Tenant’s 's property, fixtures and equipment, (iii) the moving of Tenant’s 's property in or out of the Building or in and about the Premises, (iv) Tenant’s 's use or occupancy of the Premises in violation of Section 6 11 of this Lease or in a the manner not contemplated by the parties at the time of the execution of this Lease, (v) the acts or omissions of Tenant or any employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants of Tenant (individually, a “Tenant Party” and collectively, “Tenant’s Parties”), (vi) fire and other casualty, except as provided by Section 21 13 of this Lease or (vii) condemnation, except as provided in Section 22 14 of this Lease. Landlord shall have no” no obligation to make repairs under this Section 13.2 9.2 until a reasonable time after (a) Landlord first becomes aware of the need for such repairs, or (b) receipt of written notice from Tenant of the need for such repairs. Subject to Section 9.3, whichever is earlier. There there shall be no abatement of Rent during the performance of such work. Except for the initial Tenant Improvements, if any, provided for in that neither the Work Letter, Landlord shall have no obligation during the Term of this Lease access to remodel, repair, improve, decorate or paint any part of the Premises or to clean, repair or replace carpeting or window coverings. Landlord shall not be liable to Tenant for injury or damage that may result from any defect in the construction or condition of the Premises, nor for any damage that may result from interruption of Tenant’s use of the Premises during any repairs by Landlord. Tenant waives any right to repair the Premises, the Building and/or the Common Area at the expense of Landlord under any Applicable Laws including without limitation Sections 1941 and 1942 of the California Civil Code.is materially impaired in which case Tenant's exclusive remedy shall be determined in accordance with Section 9.3
Appears in 2 contracts
Samples: Multi Tenant Industrial Triple Net Lease (Brooks Automation Inc), Multi Tenant Industrial Triple Net Lease (Brooks Automation Inc)
LANDLORD. Anything contained Landlord, at its expense, shall keep in Section 13.1 above to good order, condition and repair the contrary notwithstanding, as items of Operating Expenses, Landlord shall repair and maintain the structural portions foundations of the Building, including the foundations and roof structure. Landlord shall repair and maintain the basic plumbing, elevators, life safety systems and other building systems, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlord, and perform roof repair and maintenance to the Premises. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice structural components of the need of such repairs or maintenance is given to Landlord by Tenant. Landlord shall not be required to make any repair resulting from (i) any alteration or modification to Building, the Building or to mechanical equipment within the Building performed by, or on behalf of, Tenant or to special equipment or systems installed by, or on behalf of, Tenant, (ii) the installation, use or operation of Tenant’s property, fixtures and equipment, (iii) the moving of Tenant’s property in or out exterior walls of the Building or in (excluding the interior finish surface thereof), and about the Premisesroof structures and membranes on the Building; provided, (iv) Tenant’s use or occupancy of the Premises in violation of Section 6 of this Lease or in a manner not contemplated however, that any damage thereto caused by the parties at the time of the execution of this Lease, (v) the gross negligence or willful acts or omissions of Tenant or any employeesTenant's Agents, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants by reason of the failure of Tenant (individuallyto perform or comply with any terms, a “Tenant Party” conditions or covenants in this Lease, or caused by any Alterations made by or for Tenant, shall be at Tenant's sole expense. In addition, Landlord shall be responsible for maintaining the outside landscaping of the Project in good condition and collectivelyrepair, “Tenant’s Parties”), (vi) fire and other casualty, except as provided by Section 21 the cost of this Lease or (vii) condemnation, except as provided in Section 22 of which shall constitute an Operating Expense under this Lease. Landlord shall have no” obligation enter into regularly scheduled maintenance/service contracts for servicing the elevators within the Building, unless Landlord elects for Tenant to make repairs do so pursuant to Paragraph 8(b) below, the cost of which shall constitute an Operating Expense under this Section 13.2 until a reasonable time after Lease. Also, Landlord shall enter into regularly scheduled preventive maintenance/service contracts with maintenance contractors acceptable to Landlord for servicing all hot water and heating and air conditioning (athe "HVAC") systems and equipment in the Premises, the cost of which shall constitute an Operating Expense under this Lease. It is an express condition precedent to all obligations of Landlord first becomes aware to repair and maintain the Building that Tenant shall have notified Landlord in writing of the need for any such repairs, repairs or (b) receipt of written notice from Tenant of the need for such repairs, whichever is earliermaintenance. There shall be no abatement of Rent during the performance of such work. Except for the initial Tenant ImprovementsLandlord's obligations under this Paragraph 8(a), if any, provided for in the Work Letter, nor shall Landlord shall have no obligation during the Term of this Lease to remodel, repair, improve, decorate or paint any part of the Premises or to clean, repair or replace carpeting or window coverings. Landlord shall not be liable to Tenant for injury or damage that may result from any defect in the construction or condition of the Premises, nor for any damage that may result from interruption of Tenant’s 's use of the Premises during the period that Landlord is performing the maintenance and repairs required hereunder; provided, however Landlord shall use commercially reasonable efforts in the performance of its obligations pursuant to this Paragraph 8(a) to minimize any repairs by Landlord. Tenant waives any right to repair the Premises, the Building and/or the Common Area at the expense of Landlord under any Applicable Laws including without limitation Sections 1941 and 1942 of the California Civil Codeinterference with Tenant's normal business operations.
Appears in 1 contract
LANDLORD. Anything contained in Section 13.1 above Except to the contrary notwithstandingextent caused by the negligence of Tenant or any Tenant Indemnitee (as defined below), as items of Operating Expensesneither Tenant nor Tenant’s members, Landlord affiliates, employees, agents, or contractors (each, a “Tenant Indemnitee”) shall repair and maintain the structural portions of the Building, including the foundations and roof structure. Landlord shall repair and maintain the basic plumbing, elevators, life safety systems and other building systems, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlord, and perform roof repair and maintenance to the Premises. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. and Landlord shall not be required indemnify and save harmless Tenant and each Tenants Indemnitee from and against any and all liabilities, damages, claims, suits, costs (including costs of suit, reasonable attorneys’ fees and costs of investigation) and actions of any kind, foreseen or unforeseen, arising or alleged to make arise by reason of injury to or death of any repair resulting from (i) any alteration person or modification damage to the Building or to mechanical equipment within the Building performed byloss of property, occurring on, in, or on behalf of, Tenant or to special equipment or systems installed by, or on behalf of, Tenant, (ii) the installation, use or operation of Tenant’s property, fixtures and equipment, (iii) the moving of Tenant’s property in or out of the Building or in and about the Premises, or by reason of any other claim whatsoever of any person or party, occasioned, directly or indirectly, wholly or partly: (iva) Tenantby any act or omission on the part of Landlord or any shareholder, officer, director, member, manager, partner, employee, agent, contractor, licensee, assignee or invitee of Landlord (each, a “Landlord Representative”); or (b) by any breach, violation or non-performance of any covenant of Landlord under this Lease. If any action or proceeding shall be brought by or against Tenant or any Tenant Indemnitee in connection with any such liability, claim, suit, cost, injury, death or damage, Landlord, on notice from Tenant or any Tenant Indemnitee, shall defend such action or proceeding, at Landlord’s use expense, by or occupancy of through attorneys reasonably satisfactory to Tenant or the Premises in violation of Section 6 Tenant Indemnitee. The provisions of this Lease Section shall apply to all activities of Landlord or in a manner not contemplated by any Landlord Representative with respect to the parties at the time of the Premises, occurring from and after execution of this Lease. Subject to Section 7(c) of this Lease, (v) Landlord’s obligations under this Section shall not be limited to the coverage of insurance maintained or required to be maintained by Landlord under this Lease. In no event shall Tenant or any Tenant Indemnitee be liable in any manner to Landlord or any Landlord Representative as the result of the acts or omissions of Tenant Landlord or any employees, agents, customers, visitors, invitees, licensees, contractors, assignees a Landlord Representative and all liability therefore shall rest with Landlord. Landlord’s indemnification obligations pursuant to this Section shall survive the expiration or subtenants of Tenant (individually, a “Tenant Party” and collectively, “Tenant’s Parties”), (vi) fire and other casualty, except as provided by Section 21 of this Lease or (vii) condemnation, except as provided in Section 22 earlier termination of this Lease. Landlord shall have no” obligation to make repairs under this Section 13.2 until a reasonable time after (a) Landlord first becomes aware of the need for such repairs, or (b) receipt of written notice from Tenant of the need for such repairs, whichever is earlier. There shall be no abatement of Rent during the performance of such work. Except for the initial Tenant Improvements, if any, provided for in the Work Letter, Landlord shall have no obligation during the Term of this Lease to remodel, repair, improve, decorate or paint any part of the Premises or to clean, repair or replace carpeting or window coverings. Landlord shall not be liable to Tenant for injury or damage that may result from any defect in the construction or condition of the Premises, nor for any damage that may result from interruption of Tenant’s use of the Premises during any repairs by Landlord. Tenant waives any right to repair the Premises, the Building and/or the Common Area at the expense of Landlord under any Applicable Laws including without limitation Sections 1941 and 1942 of the California Civil Code.
Appears in 1 contract
Samples: Master Lease Agreement (Gaia, Inc)
LANDLORD. Anything contained acknowledges and agrees that in Section 13.1 above order for Tenant to meet its obligations under this Sublease, Tenant must, in reliance upon its rights under this Sublease: (a) make a substantial investment in designing, permitting, developing, constructing and fixturing the Improvements, (b) make a substantial investment in hiring and training employees whose jobs are located at the Property, (c) make a substantial investment in marketing, developing and operating its business at the Property; and (d) forego other opportunities for a store location within the market area; and Landlord further acknowledges and agrees that if Landlord terminates this Sublease pursuant to this Paragraph 17.05, Tenant will: (w) lose the benefit of its substantial investment in and to the contrary notwithstandingProperty; (x) incur significant expense due to relocating employees and other employee matters; (y) lose the benefit of its investment in marketing, as items of Operating Expensesdeveloping and operating its business from the Property; and (z) will suffer loss in profits during the time Tenant is unable operate within the market area. Therefore, Landlord shall repair acknowledges and maintain agrees that Landlord’s right to terminate this Sublease (and the structural portions termination of this Sublease) as set forth herein is expressly and strictly conditioned upon the Building, including following (the foundations and roof structure. Landlord shall repair and maintain the basic plumbing, elevators, life safety systems and other building systems, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlord, and perform roof repair and maintenance to the Premises. “Conditions Precedent”):
(i) Landlord shall not use or permit any use of the Property for the operation of a grocery supermarket on the USF Campus for a period of time commencing upon the Termination Date and ending on the date that is ten (10) years thereafter. Subject to the actual termination of this Sublease pursuant to Landlord's exercise of its rights under this Paragraph 17.05, this subparagraph (i) shall survive and be liable enforceable after such termination by Landlord.
(ii) Landlord paying to Tenant, at least one (1) year prior to the Termination Date, an amount equal to the unamortized balance of Tenant’s cost of its leasehold Improvements (together with all costs associated with the Improvements, including, but not limited to, the cost of all designs, plans, site work, alterations, changes, repairs, permitting fees, and impact fees). Such unamortized costs shall be determined as of the Termination Date and shall be computed using a fifty (50) year straight-line amortization period. The fifty (50) year amortization period shall be deemed to begin as of the Commencement Date of this Sublease or the date such Improvements were placed into service if such date is after the Commencement Date. In the event of a dispute between the parties relating to the termination payment, such dispute shall be referred to the dispute resolution process set forth in this Sublease.
(iii) Landlord paying to Tenant, at least one (1) year prior to the Termination Date, an amount equal to the value of Tenant’s remaining leasehold interest in the Land, if the Sublease had remained in effect for any failure the duration of the Term, including all available Term Extensions. Tenant’s remaining leasehold interest in the Land shall be determined by an appraiser reasonably acceptable to make any such repairs or Landlord and Tenant. If Landlord and Tenant are not able to perform any maintenance unless such failure agree on an appraiser, then each shall persist appoint an appraiser, and the value of Tenant’s remaining leasehold interest shall be the average of the two appraisals; provided, however, if the two appraisals vary by more than ten percent (10%), the two appraisers shall appoint a third appraiser, and the value of Tenant’s remaining leasehold interest shall be the average of the two closest values of the three appraisals.
(iv) Landlord paying to Tenant, at least one (1) year prior to the Termination Date, a termination payment to cover the expense relocating employees, moving Tenant’s inventory, writing off equipment, and Tenant’s loss of sales, marketing and goodwill at the Property, the amount of one million dollars ($1,000,000)(the “Termination Payment”). Landlord and Tenant acknowledge and agree that Tenant’s damages and expenses resulting from relocating employees, moving Tenant’s inventory, writing off equipment, and Tenant’s loss of sales, marketing and goodwill at the Property will be difficult, if not impossible to accurately determine, and agree that the Termination Payment shall constitute agreed upon liquidated damages as to those items.
(v) Landlord paying to Tenant, at least one (1) year prior to the Termination Date, the aggregate amount of Tenant’s estimated lost net profit for an unreasonable time after five (5) years, determined by multiplying the average annual net profit of Tenant’s business from the Premises for the five (5) full Lease Years immediately preceding the date Tenant receives Landlord’s written notice of the need its election to terminate this Sublease, by five (5) years ((sum of such repairs or maintenance is given to Landlord by Tenantannual net profit for 5 immediately preceding full Lease Years ÷ 5) × 5 years = lost profit payment). Landlord and Tenant acknowledge and agree that Tenant’s lost profits for future sales at the Property will be difficult, if not impossible to accurately determine, and agree that the lost profit payment described in this paragraph shall not be required constitute agreed upon liquidated damages as to make any repair resulting from (i) any alteration or modification such lost profits. In the event of a dispute between the parties relating to the Building or amount of Tenant's estimate lost net profit for five (5) years, such dispute shall be referred to mechanical equipment within the Building performed bydispute resolution process set forth in this Sublease.
(b) Upon the failure of Landlord to satisfy each and all of the Conditions Precedent, or on behalf ofprovided that such failure with respect to any Condition Precedent is subject to dispute resolution hereunder, Tenant or to special equipment or systems installed byLandlord’s notice of termination shall be null and void, or on behalf of, Tenant, and this Sublease shall remain in full force and effect for the remainder of the Term. If Landlord has satisfied any of the Conditions Precedent set forth in (ii) the installation, use or operation of Tenant’s property, fixtures and equipment), (iii) the moving of Tenant’s property in or out of the Building or in and about the Premises), (iv) Tenant’s use or occupancy of the Premises in violation of Section 6 of this Lease or in a manner not contemplated by the parties at the time of the execution of this Lease, (v) above, requiring the acts or omissions payment of Tenant or any employeesmoney, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants then upon the failure of Tenant (individually, a “Tenant Party” and collectively, “Tenant’s Parties”), (vi) fire and other casualty, except as provided by Section 21 of this Lease or (vii) condemnation, except as provided in Section 22 of this Lease. Landlord shall have no” obligation to make repairs under this Section 13.2 until a reasonable time after (a) Landlord first becomes aware satisfy all of the need for Conditions Precedent and expiration of Landlord’s termination notice, Tenant shall return any such repairs, payment made by Landlord on or before the date that is thirty (b30) receipt of written notice from Tenant of days after the need for such repairs, whichever is earlier. There shall be no abatement of Rent during date that would have been the performance of such work. Except for the initial Tenant Improvements, if any, provided for in the Work Letter, Landlord shall have no obligation during the Term of this Lease to remodel, repair, improve, decorate or paint any part of the Premises or to clean, repair or replace carpeting or window coverings. Landlord shall not be liable to Tenant for injury or damage that may result from any defect in the construction or condition of the Premises, nor for any damage that may result from interruption of Tenant’s use of the Premises during any repairs by Landlord. Tenant waives any right to repair the Premises, the Building and/or the Common Area at the expense of Landlord under any Applicable Laws including without limitation Sections 1941 and 1942 of the California Civil CodeTermination Date.
Appears in 1 contract
Samples: Ground Sublease Agreement
LANDLORD. Anything contained in Section 13.1 above Landlord shall, subject to the contrary notwithstandingfollowing sentence, as items of Operating Expenses, Landlord shall repair and maintain -------- the structural portions of the Buildingroof, including the foundations and roof structure. Landlord shall repair and maintain the basic plumbing, elevators, life safety systems and other building systems, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlordfoundation, and perform roof repair load-bearing portions of walls (excluding wall coverings, painting, glass and maintenance to the Premises. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice doors) of the need of such repairs or maintenance is given to Landlord by TenantImprovements. Landlord shall not be required to make any repair resulting from (i) any alteration or modification to the Building Improvements or to mechanical equipment within the Building Improvements performed by, for or on behalf of, because of Tenant or to special equipment or systems installed by, for or on behalf of, because of Tenant, (ii) the installation, use or operation of Tenant’s 's property, fixtures and equipment, (iii) the moving of Tenant’s 's property in or out of the Building Improvements or in and about the Premises, (iv) Tenant’s 's use or occupancy of the Premises in violation of Section 6 l0 of this Lease or in a the manner not contemplated by the parties at the time of the execution of this Lease, (v) the acts or omissions of Tenant or any and Xxxxxx's employees, agents, customers, visitors, invitees, licenseessubtenants, licensees or contractors, assignees or subtenants of Tenant (individually, a “Tenant Party” and collectively, “Tenant’s Parties”), (vi) fire and other casualty, except as provided by Section 21 12 of this Lease or (vii) condemnation, except as provided in Section 22 13 of this Lease. Landlord shall have no” obligation to make repairs under this Section 13.2 until a reasonable time 8.1 as soon as reasonably practicable after (a) Landlord first becomes aware of the need for such repairs, or (b) receipt of written notice from Tenant of the need for such repairs, whichever is earlier. There shall be no abatement of Rent during the performance of such work. Except for the initial Tenant Improvements, if any, provided for in the Work Letter, Landlord shall have no obligation during the Term of this Lease to remodel, repair, improve, decorate or paint any part of the Premises or to clean, repair or replace carpeting or window coverings. Landlord shall not be liable to Tenant procure and maintain, at Tenant's expense, regularly scheduled preventive maintenance/service contracts for injury or damage that may result from any defect in (i) the construction or condition maintenance and repair of the Premisesfire detection and sprinkler system, nor for any damage that may result from interruption of Tenant’s use and (ii) the regular and routine maintenance and annual inspection of the Premises during any repairs by Landlordroof membrane. Tenant shall reimburse Landlord upon thirty (30) days written notice for the reasonable cost thereof. Tenant waives any right to repair the Premises, the Building and/or the Common Area Premises at the expense of Landlord under any Applicable Laws including without limitation Sections 1941 and 1942 of the California Civil Codeapplicable governmental laws, ordinances, statutes, orders or regulations now or hereafter in effect which might otherwise apply.
Appears in 1 contract
Samples: Single Tenant Industrial Lease (Mohawk Industries Inc)
LANDLORD. Anything contained in Section 13.1 above to the contrary notwithstanding, as items of Operating Expenses, Landlord shall repair and maintain the structural portions of the Building, including the foundations and roof structure. Landlord shall repair and maintain the basic plumbing, elevators, life safety systems and other building systems, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlord, and perform roof repair and maintenance to the Premises. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Landlord shall not be required to make any repair resulting from (i) any alteration or modification to the Building or to mechanical equipment within the Building performed by, or on behalf of, Tenant or to special equipment or systems installed by, or on behalf of, Tenant, (ii) the installation, use or operation of Tenant’s 's property, fixtures and equipment, (iii) the moving of Tenant’s 's property in or out of the Building or in and about the Premises, (iv) Tenant’s 's use or occupancy of the Premises in violation of Section 6 of this Lease or in a manner not contemplated by the parties at the time of the execution of this Lease, (v) the acts or omissions of Tenant or any employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants of Tenant (individually, a “"Tenant Party” " and collectively, “"Tenant’s 's Parties”"), (vi) fire and other casualty, except as provided by Section 21 of this Lease or (vii) condemnation, except as provided in Section 22 of this Lease. Landlord shall have no” no obligation to make repairs under this Section 13.2 until a reasonable time after (a) Landlord first becomes aware of the need for such repairs, or (b) receipt of written notice from Tenant of the need for such repairs, whichever is earlier. There shall be no abatement of Rent during the performance of such work. Except for the initial Tenant Improvements, if any, provided for in the Work Letter, Landlord shall have no obligation during the Term of this Lease to remodel, repair, improve, decorate or paint any part of the Premises or to clean, repair or replace carpeting or window coverings. Landlord shall not be liable to Tenant for injury or damage that may result from any defect in the construction or condition of the Premises, nor for any damage that may result from interruption of Tenant’s 's use of the Premises during any repairs by Landlord. Tenant waives any right to repair the Premises, the Building and/or the Common Area at the expense of Landlord under any Applicable Laws including without limitation Sections 1941 and 1942 of the California Civil Code.
Appears in 1 contract
Samples: Office Lease (Rimini Street, Inc.)
LANDLORD. Anything contained Subject to the waiver in Section 13.1 above to the contrary notwithstanding, as items of Operating Expenses9.4, Landlord shall repair indemnify and maintain the structural portions of the Buildinghold harmless Tenant from claims, including the foundations and roof structure. Landlord shall repair and maintain the basic plumbingsuits, elevatorsactions, life safety systems and other building systemsor liabilities for personal injury, heating, ventilating, air conditioning and electrical systems installed death or furnished by Landlord, and perform roof repair and maintenance for loss or damage to the Premises. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Landlord shall not be required to make any repair resulting property that arises from (i) any alteration or modification to the Building or to mechanical equipment within the Building performed byactivity work, or on behalf ofthing done, Tenant or to special equipment or systems installed bypermitted, or on behalf ofsuffered by Landlord, acting exclusively in his capacity as Landlord and not as an employee of Tenant, in or about the Property (ii) the installationnegligence or willful misconduct of Landlord, use or operation of Tenant’s property, fixtures and equipment, (iii) the moving of Tenant’s property in or out of the Building or in and about the Premises, (iv) Tenant’s use or occupancy of the Premises in violation of Section 6 of this Lease or in a manner not contemplated by the parties at the time of the execution of this Lease, (v) the acts or omissions of Tenant or any its employees, agents, customersor contractors or (in) any breach or default by Landlord in the performance of any obligation on Landlord's part to be performed under this Lease. This indemnity does not apply to claims, visitorssuits, actions or liabilities (x) to the extent they are caused by the negligent acts or omissions or willful misconduct of Tenant, its agents, employees, contractors or invitees, licensees(y) to damage, claims, suits, actions or liabilities waived under Section 9.4, or (z) to the indemnity in Section 15.5. In the absence of comparative or concurrent negligence on the part of Tenant, its agents, their affiliates and subsidiaries, or their respective directors, employees or contractors, assignees the foregoing indemnity shall also include reasonable costs, expenses, and attorney's fees incurred in connection with any indemnified claim or subtenants of incurred by Tenant (individually, a “Tenant Party” and collectively, “Tenant’s Parties”), (vi) fire and other casualty, except as provided by Section 21 of this Lease or (vii) condemnation, except as provided in Section 22 of this Leasesuccessfully establishing the right to indemnity. Landlord shall have no” obligation the right to assume the defense of any claim subject to this indemnity with counsel reasonably satisfactory to Tenant. Tenant agrees to cooperate fully with Landlord and Landlord's counsel in any matter where Landlord elects to defend, provided Landlord shall promptly reimburse Tenant for reasonable costs and expenses incurred in connection with its duty to cooperate. The foregoing indemnity is conditioned upon Tenant providing prompt notice to Landlord of any claim or occurrence that is likely to give rise to a claim, suit, action or liability that will fall within the scope of the foregoing indemnity, along with sufficient details that will enable Landlord to make repairs under this Section 13.2 until a reasonable time after (a) Landlord first becomes aware investigation of the need for such repairsclaim. When the claim is caused by the joint negligence or willful misconduct of Tenant and Landlord, or (b) receipt of written notice from Tenant of the need for such repairs, whichever is earlier. There Landlord's duty to indemnify and defend shall be no abatement proportionate to Landlord's allocable share of Rent during the performance of such work. Except for the initial Tenant Improvements, if any, provided for in the Work Letter, Landlord shall have no obligation during the Term of this Lease to remodel, repair, improve, decorate joint negligence or paint any part of the Premises or to clean, repair or replace carpeting or window coverings. Landlord shall not be liable to Tenant for injury or damage that may result from any defect in the construction or condition of the Premises, nor for any damage that may result from interruption of Tenant’s use of the Premises during any repairs by Landlord. Tenant waives any right to repair the Premises, the Building and/or the Common Area at the expense of Landlord under any Applicable Laws including without limitation Sections 1941 and 1942 of the California Civil Codewillful misconduct.
Appears in 1 contract
LANDLORD. Anything contained Mortgagee-. The term "Landlord" as used in Section 13.1 above this Lease means the fee owner of the Building or. if different. the party holding and exercising the right. as against all others (except space tenants of the Building) to possession of the contrary notwithstanding, entire Building. Landlord above-named represents that it is the fee owner as items of Operating Expensesthe date hereof. In the event of the voluntary or involuntary transfer of such ownership or right to a successor-in-interest of Landlord, Landlord shall repair be freed and maintain relieved of all liability and obligation hereunder which shall thereafter accrue and Tenant shall look solely to such successor-in-interest for the structural portions performance of the Buildingcovenants and obligations of the Landlord hereunder which shall thereafter accrue. The liability of Landlord and its successors-in-interest, including under or with respect to this Lease, shall be strictly limited to and enforceable only out of its or their interest in the foundations Buildings. and roof structureshall not be enforceable out of any other assets. Landlord No mortgagee or around lessor which shall repair and maintain the basic plumbing, elevators, life safety systems and other building systems, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlord, and perform roof repair and maintenance succeed to the Premises. interest of Landlord shall not hereunder (either in terms of ownership or possessor rights) shall: (i) be liable for any failure to make any such repairs previous act or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice omission of the need of such repairs or maintenance is given to Landlord by Tenant. Landlord shall not be required to make any repair resulting from (i) any alteration or modification to the Building or to mechanical equipment within the Building performed by, or on behalf of, Tenant or to special equipment or systems installed by, or on behalf of, Tenant, a prior landlord; (ii) the installation, use be subject to any rental offsets or operation of Tenant’s property, fixtures and equipment, defenses against a prior landlord- (iii) the moving be bound by any amendment of Tenant’s property this Lease made without its written consent. or by payment by Tenant of rent in or out advance in excess of the Building or in and about the Premises, one (1) month's rent; (iv) Tenant’s use be liable for any security not actually received by it: or occupancy of the Premises in violation of Section 6 of this Lease or in a manner not contemplated by the parties at the time of the execution of this Lease, (v) the acts or omissions of Tenant or any employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants of Tenant (individually, a “Tenant Party” and collectively, “Tenant’s Parties”), (vi) fire and other casualty, except as provided by Section 21 of this Lease or (vii) condemnation, except as provided in Section 22 of this Lease. Landlord shall have no” obligation to make repairs under this Section 13.2 until a reasonable time after (a) Landlord first becomes aware be liable for an initial construction of the need for such repairs, or (b) receipt of written notice from Tenant Improvements to be made to the Demised Premises. Subject to the fore-foregoing,. the provisions hereof shall be binding upon and inure to the benefit of the need for such repairs, whichever is earlier. There shall be no abatement successors and assigns of Rent during the performance of such work. Except for the initial Tenant Improvements, if any, provided for in the Work Letter, Landlord shall have no obligation during the Term of this Lease to remodel, repair, improve, decorate or paint any part of the Premises or to clean, repair or replace carpeting or window coverings. Landlord shall not be liable to Tenant for injury or damage that may result from any defect in the construction or condition of the Premises, nor for any damage that may result from interruption of Tenant’s use of the Premises during any repairs by Landlord. Tenant waives any right to repair the Premises, the Building and/or the Common Area at the expense of Landlord under any Applicable Laws including without limitation Sections 1941 and 1942 of the California Civil Code.
Appears in 1 contract
LANDLORD. Anything contained in Section 13.1 above Landlord shall, subject to the contrary notwithstandingfollowing sentence, as items of Operating Expenses, Landlord shall repair and maintain -------- the structural portions of the Buildingroof, including the foundations and roof structure. Landlord shall repair and maintain the basic plumbing, elevators, life safety systems and other building systems, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlordfoundation, and perform roof repair load-bearing portions of walls (excluding wall coverings, painting, glass and maintenance to the Premises. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice doors) of the need of such repairs or maintenance is given to Landlord by TenantImprovements. Landlord shall not be required to make any repair resulting from (i) any alteration or modification to the Building Improvements or to mechanical equipment within the Building Improvements performed by, for or on behalf of, because of Tenant or to special equipment or systems installed by, for or on behalf of, because of Tenant, (ii) the installation, use or operation of Tenant’s 's property, fixtures and equipment, (iii) the moving of Tenant’s 's property in or out of the Building Improvements or in and about the Premises, (iv) Tenant’s 's use or occupancy of the Premises in violation of Section 6 10 of this Lease or in a the manner not contemplated by the parties at the time of the execution of this Lease, (v) the acts or omissions of Tenant or any and Xxxxxx's employees, agents, customers, visitors, invitees, licenseessubtenants, licensees or contractors, assignees or subtenants of Tenant (individually, a “Tenant Party” and collectively, “Tenant’s Parties”), (vi) fire and other casualty, except as provided by Section 21 12 of this Lease or (vii) condemnation, except as provided in Section 22 13 of this Lease. Landlord shall have no” obligation to make repairs under this Section 13.2 until a reasonable time 8.1 as soon as reasonably practicable after (a) Landlord first becomes aware of the need for such repairs, or (b) receipt of written notice from Tenant of the need for such repairs, whichever is earlier. There shall be no abatement of Rent during the performance of such work. Except for the initial Tenant Improvements, if any, provided for in the Work Letter, Landlord shall have no obligation during the Term of this Lease to remodel, repair, improve, decorate or paint any part of the Premises or to clean, repair or replace carpeting or window coverings. Landlord shall not be liable to Tenant procure and maintain, at Tenant's expense, regularly scheduled preventive maintenance/service contracts for injury or damage that may result from any defect in (i) the construction or condition maintenance and repair of the Premisesfire detection and sprinkler system, nor for any damage that may result from interruption of Tenant’s use and (ii) the regular and routine maintenance and annual inspection of the Premises during any repairs by Landlordroof membrane. Tenant shall reimburse Landlord upon thirty (30) days written notice for the reasonable cost thereof. Tenant waives any right to repair the Premises, the Building and/or the Common Area Premises at the expense of Landlord under any Applicable Laws including without limitation Sections 1941 and 1942 of the California Civil Codeapplicable governmental laws, ordinances, statutes, orders or regulations now or hereafter in effect which might otherwise apply.
Appears in 1 contract
Samples: Single Tenant Industrial Lease (Mohawk Industries Inc)
LANDLORD. Anything contained in Section Article 13.1 above to the contrary notwithstanding, as items of Operating Expenses, Landlord shall repair and maintain the structural portions of the BuildingPremises, including the foundations foundations, exterior walls (excluding exterior windows, which shall be Tenant's responsibility) and roof structure. Landlord shall repair structure and maintain the basic plumbing, elevators, life safety systems and other building systems, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlordmembrane, and perform roof repair and maintenance to the Premisesall HVAC equipment. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Landlord shall not be required to make any repair resulting from (i) any alteration or modification to the Building Premises or to mechanical equipment within the Building Premises performed by, or on behalf of, Tenant or to special equipment or systems installed by, or on behalf of, Tenant, (ii) the installation, use or operation of Tenant’s 's property, fixtures and equipment, (iii) the moving of Tenant’s property 's Property in or out of the Building or in and about the Premises, (iv) Tenant’s 's use or occupancy of the Premises in violation of Section Article 6 of this Lease or in a manner not contemplated by the parties at the time of the execution of this Lease, (v) the negligent or wrongful acts or omissions of Tenant or any employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants of Tenant (individually, a “"Tenant Party” " and collectively, “"Tenant’s 's Parties”"), (vi) fire and other casualty, except as provided by Section Article 21 of this Lease or (vii) condemnation, except as provided in Section Article 22 of this Lease. Landlord shall have no” no obligation to make repairs under this Section Article 13.2 until a reasonable time after (a) Landlord first becomes aware of the need for such repairs, or (b) receipt of written notice from Tenant of the need for such repairs, whichever is earlier. There shall be no abatement of Rent during the performance of such work. Except for the initial Tenant Improvements and the E&L Improvements, if any, provided for in the Work Letter, Landlord shall have no obligation during the Term of this Lease to remodel, repair, improve, decorate or paint (except the exterior walls) any part of the Premises or to clean, repair or replace carpeting or window coverings. Landlord shall not be liable to Tenant for injury or damage that may result from any defect in the construction or condition of the Premises, nor for any damage that may result from interruption of Tenant’s 's use of the Premises during any repairs by Landlord. Tenant waives any right to repair the Premises, the Building Premises and/or the Common Area at the expense of Landlord under any Applicable Laws including without limitation Sections Articles 1941 and 1942 of the California Civil Code, except as set forth in Section 25.3 hereof.
Appears in 1 contract
Samples: Lease (Xicor Inc)
LANDLORD. Anything contained in Section 13.1 above Except to the contrary notwithstandingextent caused by the negligence of Tenant or Tenant’s Indemnitees, (as items of Operating Expensesdefined below), Landlord neither Tenant nor Tenant’s employees, agents, or contractors (collectively “Tenant Indemnitee”) shall repair and maintain the structural portions of the Building, including the foundations and roof structure. Landlord shall repair and maintain the basic plumbing, elevators, life safety systems and other building systems, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlord, and perform roof repair and maintenance to the Premises. Landlord shall not be liable for and Landlord shall indemnify and save harmless Tenant and each Tenants Indemnitee from and against any failure and all liabilities, damages, claims, suits, costs (including costs of suit, attorneys’ fees and costs of investigation) and actions of any kind, foreseen or unforeseen, arising or alleged to make arise by reason of injury to or death of any person or damage to or loss of property, occurring on, in, or about the Common Areas, or by reason of any other claim whatsoever of any person or party, occasioned, directly or indirectly, wholly or partly: (a) by any act or omission on the part of Landlord or its employees, agents or contractors (collectively, “Landlord Representative”); or (b) by any breach, violation or non-performance of any covenant of Landlord under this Lease. If any action or proceeding shall be brought by or against Tenant or any Tenant Indemnitee in connection with any such repairs liability, claim, suit, cost, injury, death or damage, Landlord, on notice from Tenant or any Tenant Indemnitee, shall defend such action or proceeding, at Landlord’s expense, by or through attorneys reasonably satisfactory to perform Tenant or the Tenant Indemnitee. The provisions of this Section shall apply to all activities of Landlord or any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Landlord shall not be required to make any repair resulting from (i) any alteration or modification Representative with respect to the Building Common Areas, whether occurring before or to mechanical equipment within the Building performed by, or on behalf of, Tenant or to special equipment or systems installed by, or on behalf of, Tenant, (ii) the installation, use or operation of Tenant’s property, fixtures and equipment, (iii) the moving of Tenant’s property in or out of the Building or in and about the Premises, (iv) Tenant’s use or occupancy of the Premises in violation of Section 6 of this Lease or in a manner not contemplated by the parties at the time of the after execution of this Lease, (v) . Landlord’s obligations under this Section shall not be limited to the coverage of insurance maintained or required to be maintained by Landlord under this Lease. In no event shall Tenant or any Tenant Indemnitee be liable in any manner to Landlord or any Landlord Representative as the result of the acts or omissions of Tenant Landlord or any employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants of Tenant (individually, a “Tenant Party” Landlord Representative and collectively, “Tenant’s Parties”), (vi) fire and other casualty, except as provided by Section 21 of this Lease or (vii) condemnation, except as provided in Section 22 of this Lease. Landlord all liability therefore shall have no” obligation to make repairs under this Section 13.2 until a reasonable time after (a) Landlord first becomes aware of the need for such repairs, or (b) receipt of written notice from Tenant of the need for such repairs, whichever is earlier. There shall be no abatement of Rent during the performance of such work. Except for the initial Tenant Improvements, if any, provided for in the Work Letter, Landlord shall have no obligation during the Term of this Lease to remodel, repair, improve, decorate or paint any part of the Premises or to clean, repair or replace carpeting or window coverings. Landlord shall not be liable to Tenant for injury or damage that may result from any defect in the construction or condition of the Premises, nor for any damage that may result from interruption of Tenant’s use of the Premises during any repairs by rest with Landlord. Tenant waives any right to repair the Premises, the Building and/or the Common Area at the expense of Landlord under any Applicable Laws including without limitation Sections 1941 and 1942 of the California Civil Code.
Appears in 1 contract
Samples: Lease Agreement (Gaia, Inc.)
LANDLORD. Anything contained 12.2.1 Except as otherwise provided in Section 13.1 above this Lease, and subject to the contrary notwithstandingfollowing limitations, Landlord shall, at its sole cost and expense (and without passing such expenses and costs on to Tenant as items of Operating Expenses) keep in good order and repair the structural components of the roof, the foundation and other structural components, and exterior portions of exterior walls (excluding wall coverings, painting, glass and doors) of the Building; provided, however, if such damage is caused by an act or omission of Tenant, Tenant’s employees, agents, invitees, subtenants, or contractors, then such repairs shall be at Tenant’s sole expense. As an Operating Expense that shall be passed-through to Tenant as provided herein, Landlord shall also keep in good order and repair the Common Areas and maintain the structural portions of building systems serving the BuildingPremises, including the foundations and roof structure. Landlord shall repair and maintain the basic plumbingwithout limitation, elevatorsHVAC, life safety systems and other building systems, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlordelectrical, and perform roof repair and maintenance to plumbing systems. Notwithstanding the Premises. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. foregoing, Landlord shall not be required to make any repair resulting from (any of the following conditions:
i) any Any alteration or modification to the Building or to mechanical equipment within the Building performed by, for or on behalf of, because of Tenant or to special equipment or systems installed by, for or on behalf of, because of Tenant, (provided that this clause i) shall not apply to any of the Landlord Work; DOCSSB/108279v20/100382-1006
ii) the The installation, use or operation of Tenant’s property, fixtures and equipment, (;
iii) the The moving of Tenant’s property Property in or out of the Building or in and about the Premises, (;
iv) Tenant’s use or occupancy of the Premises in violation of Section 6 8 of this Lease or in a the manner not contemplated by the parties at the time of the execution of this Lease, (;
v) the The acts or omissions of Tenant or any and Tenant’s employees, agents, customers, visitors, invitees, licenseessubtenants, licensees or contractors, assignees or subtenants of Tenant (individually, a “Tenant Party” and collectively, “Tenant’s Parties”), (;
vi) fire Fire and other casualty, except as provided by Section 21 13 of this Lease or (Lease; and
vii) condemnationCondemnation, except as provided in Section 22 15 of this Lease. Landlord shall have no” no obligation to make repairs under this Section 13.2 12.2 until a commercially reasonable time after (a) Landlord first becomes aware of the need for such repairs, or (b) receipt of written notice from Tenant of the need for such repairs, whichever is earlier. There shall be no abatement of Rent during the performance of such work. Except for the initial Tenant ImprovementsUnless due to Landlord’s gross negligence or willful misconduct, if any, provided for in the Work Letter, Landlord shall have no obligation during the Term of this Lease to remodel, repair, improve, decorate or paint any part of the Premises or to clean, repair or replace carpeting or window coverings. Landlord shall not be liable to Tenant for injury or damage that may result from any defect in the construction or condition of the Premises, nor for any damage that may result from interruption of Tenant’s use of the Premises during any repairs by Landlord, except for an abatement of rent as and to the extent expressly provided in this Lease and any obligation of Landlord to maintain and repair such defect or condition. Tenant waives any right to repair the Premises, the Building and/or the Common Area at the expense of Landlord under any Applicable Laws including without limitation Sections 1941 and 1942 applicable governmental laws, ordinances, statutes, orders or regulations now or hereafter in effect which might otherwise apply.
12.2.2 Landlord shall have no obligation to make repairs under this Section 12.2 until a commercially reasonable time after receipt of written notice from Tenant of the California Civil Codeneed for such repairs. There shall be no abatement of Rent during the performance of such work, except as expressly set forth in this Lease. Unless due to Landlord’s gross negligence or willful misconduct, Landlord shall not be liable to Tenant for injury or damage that may result from any defect in the construction or condition of the Premises, nor for any damage that may result from interruption of Tenant’s use of the Premises during any repairs by Landlord, except for rental abatement as expressly provided under this Lease. Tenant waives any right to repair the Premises, the Building and/or the Common Area at the expense of Landlord under any applicable governmental laws, ordinances, statutes, orders or regulations now or hereafter in effect which might otherwise apply.
Appears in 1 contract
LANDLORD. Anything contained In addition to any other rights of Landlord under this Lease and/or at law or in equity, Landlord reserves the following rights:
(i) To install and maintain a sign or signs on the exterior or interior of the Building subject to Landlord not interfering with Tenant's signage as provided in Section 13.1 above 8.B hereof in Tenant's reasonable judgment.
(ii) To designate all sources furnishing sign painting and lettering.
(iii) Constantly to have pass keys to the contrary notwithstandingPremises. Said keys shall only be for use in the event of emergency or for cleaning and maintenance; provided, as items of Operating Expenseshowever, Landlord shall repair upon at least twenty-four (24) hours prior notice to Tenant and maintain during Tenant's regular Business Hours (as hereinafter defined), be entitled to inspect the structural portions Premises during the Term of this Lease, provided that Landlord complies with Tenant's reasonable requirements regarding confidentiality.
(iv) On at least twenty-four (24) hours prior notice to Tenant, to exhibit the Premises during Tenant's regular Business Hours to prospective tenants during the last twelve (12) months of the BuildingInitial Term, including and during the foundations last six (6) months of any Extension Periods, and roof structureto exhibit the Premises during the Term, upon at least twenty-four (24) hours prior notice and during Tenant's regular Business Hours, to any prospective purchaser, mortgagee, or assignee of any mortgage on the Property and to others having a legitimate interest, provided that Landlord complies with Tenant's reasonable requirements regarding confidentiality.
(v) At any time, upon at least twenty-four (24) hours prior notice (or such other notice as may be practicable in event of emergency), during Tenant's regular Business Hours, and in a manner which does not unreasonably or materially interfere with Tenant's business, to enter the Premises to examine and inspect the same or make such repairs, additions or alterations as Landlord may deem reasonably necessary or proper for the safety, improvement or preservation thereof. Landlord shall repair be reasonably diligent with respect to said work and maintain shall perform such work, except in case of emergency, at all times reasonably convenient to Tenant and otherwise in such a manner and to the basic plumbing, elevators, life safety systems extent practical so as not to unreasonably interfere with Tenant's use and other building systems, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlord, and perform roof repair and maintenance to occupancy of the Premises. Landlord shall not be liable for any failure at all times have the right at its reasonable election to make any such repairs alterations or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Landlord shall not be required to make any repair resulting from (i) any alteration or modification to the Building or to mechanical equipment within the Building performed by, or on behalf of, Tenant or to special equipment or systems installed by, or on behalf of, Tenant, (ii) the installation, use or operation of Tenant’s property, fixtures and equipment, (iii) the moving of Tenant’s property changes in or out other portions of the Building as it may from time to time deem necessary or in and about desirable, provided that the Premises, (iv) same shall not materially adversely affect Tenant’s 's use or occupancy of the Premises in violation of Section 6 of this Lease or in a manner not as contemplated by the parties at the time of the execution of this Lease, (v) the acts or omissions of Tenant or any employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants of Tenant (individually, a “Tenant Party” and collectively, “Tenant’s Parties”), (vi) fire and other casualty, except as provided by Section 21 of this Lease or (vii) condemnation, except as provided in Section 22 of this Lease. Landlord shall have no” obligation to make repairs under this Section 13.2 until a reasonable time after (a) Landlord first becomes aware of the need for such repairs, or (b) receipt of written notice from Tenant of the need for such repairs, whichever is earlier. There shall be no abatement of Rent during the performance of such work. Except for the initial Tenant Improvements, if any, provided for in the Work Letter, Landlord shall have no obligation during the Term of this Lease to remodel, repair, improve, decorate or paint any part of the Premises or to clean, repair or replace carpeting or window coveringsherein. Landlord shall not be liable to Tenant for injury any damage or damage that may result from any defect inconvenience thereby suffered by Tenant, unless due to Landlord's negligence.
(vi) To install in the construction lower level of the building vending machines of all kinds, and to provide mobile vending service therefor, and to receive all of the revenue derived therefrom.
(vii) To install, maintain, use, repair and replace all pipes, ducts, wires, motors, utility lines and other equipment which now or condition of hereafter may be required to serve the Landlord or any other tenant in the Building and which may be contained within or run through the Premises, nor for any damage that may result from interruption of provided the same does not unreasonably interfere with Tenant’s 's use of the Premises during any repairs by Landlord. Tenant waives any right to repair or unreasonably and detrimentally affect the aesthetic appearance of the Premises, the Building and/or the Common Area at the expense of Landlord under any Applicable Laws including without limitation Sections 1941 and 1942 of the California Civil Code.
Appears in 1 contract
LANDLORD. Anything contained Landlord shall: (a) at Landlord's sole cost and expense (without reimbursement from Tenant or inclusion in Operating Expenses unless specified in Section 13.1 above 6.2), subject to the contrary notwithstandingfollowing limitations, as items of Operating Expensesrepair or replace the roof and roof membrane (including roof structure, Landlord shall repair integrity, impermeability and maintain the moisture protection), foundation and structural portions of load-bearing portions of exterior walls (excluding drywall, wall coverings, painting, glass and doors) of the Building, including and any other structural components of the foundations Building, and, (b) as a reimbursable Operating Expense as heretofore defined and roof structure. Landlord shall repair and maintain the basic plumbinglimited, elevators, life safety systems and other to replace components of material building systems, heatingincluding but not limited to compressors and any other repairs and replacements that are not covered by the service or maintenance contracts listed on Exhibit F; (c) as a reimbursable Operating Expense as heretofore defined and limited, ventilatingmaintain the Common Areas in good condition and state of repair; provided, air conditioning if such damage is caused by an act or omission of Tenant, or any Tenant Party, then such repairs shall be at Tenant's sole expense. With respect to phrase (b), Landlord confirms that it will replace material components at any time that the costs of repairing any such item during the next rolling 12 month period are reasonably projected to exceed the cost of replacing that item. With respect to phrase (c), Landlord confirms that its responsibilities for the Common Areas include, without limitation, the duties to maintain all landscaping, to sweep and electrical systems installed or furnished by Landlordto remove snow and ice from all driveways and parking areas, and perform roof to stripe, repave and otherwise maintain such areas in good condition and repair and maintenance to throughout the Premises. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by TenantTerm. Landlord shall not be required to make any repair resulting from (i) any alteration or modification to the Building or to mechanical equipment within the Building performed by, for or on behalf of, because of Tenant or to special equipment or systems installed by, for or on behalf of, because of Tenant, (ii) the installation, use or operation of Tenant’s 's property, fixtures and equipment, (iii) the moving of Tenant’s 's property in or out of the Building or in and about the Premises, (iv) Tenant’s 's use or occupancy of the Premises in violation of Section 6 11 of this Lease or in a the manner not contemplated by the parties at the time of the execution of this Lease, (v) the acts or omissions of Tenant or any employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants of Tenant (individually, a “Tenant Party” and collectively, “Tenant’s Parties”), (vi) fire and other casualty, except as provided by Section 21 13 of this Lease or (vii) condemnation, except as provided in Section 22 14 of this Lease. Landlord shall have no” no obligation to make repairs under this Section 13.2 9.2 until a reasonable time after (a) Landlord first becomes aware of the need for such repairs, or (b) receipt of written notice from Tenant of the need for such repairs, whichever is earlierbut Landlord shall promptly make such repairs as are the responsibility of Landlord under this Lease after Xxxxxxxx's learning of the need for such repairs and, in any case, within no more than 45 days after receipt of Tenant's notice. There shall be no abatement of Rent during the performance of such work. Except for the initial Tenant Improvements, if any, provided for in the Work Letter, Landlord shall have no obligation during the Term of this Lease to remodel, repair, improve, decorate or paint any part of the Premises or to clean, repair or replace carpeting or window coverings. Landlord shall not be liable to Tenant for injury or damage that may result from any defect in the construction or condition of the Premises, nor for any damage that may result from interruption of Tenant’s 's use of the Premises during any repairs by Landlord. Tenant waives any right to repair the Premises, the Building and/or the Common Area at the expense of Landlord under any Applicable Laws including without limitation Sections 1941 and 1942 of the California Civil Codeunless caused by Landlord or Xxxxxxxx's Party's gross negligence or willful misconduct.
Appears in 1 contract
Samples: Multi Tenant Industrial Triple Net Lease (Standard Register Co)
LANDLORD. Anything contained Landlord, at its expense, shall keep in Section 13.1 above to good order, condition -------- and repair the contrary notwithstanding, as items of Operating Expenses, Landlord shall repair and maintain the structural portions foundations of the BuildingBuildings, including the foundations concrete subfloors and roof structure. Landlord shall repair and maintain structural components of the basic plumbingBuildings, elevators, life safety systems and other building systems, heating, ventilating, air conditioning and electrical systems installed the exterior or furnished by Landlordbearing walls of the Buildings (excluding the interior finish surface thereof), and perform the roof repair and maintenance to structures on the Premises. Landlord shall not be liable for Buildings; provided, however, that any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Landlord shall not be required to make any repair resulting from (i) any alteration or modification to the Building or to mechanical equipment within the Building performed by, or on behalf of, Tenant or to special equipment or systems installed by, or on behalf of, Tenant, (ii) the installation, use or operation of Tenant’s property, fixtures and equipment, (iii) the moving of Tenant’s property in or out of the Building or in and about the Premises, (iv) Tenant’s use or occupancy of the Premises in violation of Section 6 of this Lease or in a manner not contemplated damage thereto caused by the parties at the time of the execution of this Lease, (v) the gross negligence or willful acts or omissions of Tenant or any employeesTenant's Agents, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants by reason of the failure of Tenant (individuallyto perform or comply with any terms, a “Tenant Party” conditions or covenants in this Lease, or caused by any Alterations made by or for Tenant, shall be at Tenant's sole expense. In addition, Landlord shall be responsible for maintaining the roof membranes of the Buildings and collectivelythe outside landscaping of the Project in good condition and repair, “Tenant’s Parties”), (vi) fire and other casualty, except as provided by Section 21 the cost of this Lease or (vii) condemnation, except as provided in Section 22 of which shall constitute an Operating Expense under this Lease. Landlord, at Tenant's sole cost and expense, shall enter into regularly scheduled maintenance/service contracts for servicing the elevators within the Buildings unless Landlord elects for Tenant to do so pursuant to Paragraph 8.B below. Also at Tenant's cost and expense, Landlord shall enter into regularly scheduled preventive maintenance/service contracts with maintenance contractors acceptable to Landlord for servicing all hot water and heating and air conditioning (the "HVAC") systems and equipment in the Premises. It is an express condition precedent to all obligations of Landlord to repair and maintain the Buildings that Tenant shall have no” obligation to make repairs under this Section 13.2 until a reasonable time after (a) notified Landlord first becomes aware in writing of the need for any such repairs, repairs or (b) receipt of written notice from Tenant of the need for such repairs, whichever is earliermaintenance. There shall be no abatement of Rent during the performance of such work. Except for the initial Tenant ImprovementsLandlord's obligations under this Paragraph 8.A., if any, provided for in the Work Letter, nor shall Landlord shall have no obligation during the Term of this Lease to remodel, repair, improve, decorate or paint any part of the Premises or to clean, repair or replace carpeting or window coverings. Landlord shall not be liable to Tenant for injury or damage that may result from any defect in the construction or condition of the Premises, nor for any damage that may result from interruption of Tenant’s 's use of the Premises during the period that Landlord is performing the maintenance and repairs required hereunder; provided, however Landlord shall use commercially reasonable efforts in the performance of its obligations pursuant to this Paragraph 8.A. to minimize any repairs by Landlord. Tenant waives any right to repair the Premises, the Building and/or the Common Area at the expense of Landlord under any Applicable Laws including without limitation Sections 1941 and 1942 of the California Civil Codeinterference with Tenant's normal business operations.
Appears in 1 contract
Samples: Lease (Snowball Com Inc)
LANDLORD. Anything contained 12.2.1 Except as otherwise provided in Section 13.1 above this Lease, and subject to the contrary notwithstanding, as items of Operating Expensesfollowing limitations, Landlord shall shall, at its sole cost and expense, repair and maintain damage to the structural components of the roof, the foundation and exterior portions of exterior walls (excluding wall coverings, painting, glass and doors) of the Building; provided, including the foundations and roof structure. Landlord shall repair and maintain the basic plumbinghowever, elevatorsif such damage is caused by an act or omission of Tenant, life safety systems and other building systemsTenant’s employees, heatingagents, ventilatinginvitees, air conditioning and electrical systems installed subtenants, or furnished by Landlordcontractors, and perform roof repair and maintenance to the Premises. Landlord shall not be liable for any failure to make any then such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of be at Tenant’s sole expense. Notwithstanding the need of such repairs or maintenance is given to Landlord by Tenant. foregoing, Landlord shall not be required to make any repair resulting from (any of the following conditions:
i) any Any alteration or modification to the Building or to mechanical equipment within the Building performed by, for or on behalf of, because of Tenant or to special equipment or systems installed by, for or on behalf of, because of Tenant, (;
ii) the The installation, use or operation of Tenant’s property, fixtures and equipment, (;
iii) the The moving of Tenant’s property Property in or out of the Building or in and about the Premises, (;
iv) Tenant’s use or occupancy of the Premises in violation of Section 6 8 of this Lease or in a the manner not contemplated by the parties at the time of the execution of this Lease, (;
v) the The acts or omissions of Tenant or any and Tenant’s employees, agents, customers, visitors, invitees, licenseessubtenants, licensees or contractors, assignees or subtenants of Tenant (individually, a “Tenant Party” and collectively, “Tenant’s Parties”), (;
vi) fire Fire and other casualty, except as provided by Section 21 13 of this Lease or (Lease; and
vii) condemnationCondemnation, except as provided in Section 22 15 of this Lease. Landlord shall have no” no obligation to make repairs under this Section 13.2 12.2 until a commercially reasonable time after (a) Landlord first becomes aware of the need for such repairs, or (b) receipt of written notice from Tenant of the need for such repairs, whichever is earlier. There shall be no abatement of Rent during the performance of such work. Except for the initial Tenant ImprovementsUnless as due to Landlord’s gross negligence or willful misconduct, if any, provided for in the Work Letter, Landlord shall have no obligation during the Term of this Lease to remodel, repair, improve, decorate or paint any part of the Premises or to clean, repair or replace carpeting or window coverings. Landlord shall not be liable to Tenant for injury or damage that may result from any defect in the construction or condition of the Premises, nor for any damage that may result from interruption of Tenant’s use of the Premises during any repairs by Landlord. Tenant waives any right to repair the Premises, the Building and/or the Common Area at the expense of Landlord under any Applicable Laws including without limitation Sections 1941 and 1942 applicable governmental laws, ordinances, statutes, orders or regulations now or hereafter in effect which might otherwise apply.
12.2.2 Landlord shall have no obligation to make repairs under this Section 12.2 until a commercially reasonable time after receipt of written notice from Tenant of the California Civil Code.need for such repairs. There shall be no abatement of Rent during the performance of such work. Unless due to Landlord’s gross negligence or willful misconduct, Landlord shall not be liable to Tenant for injury or damage that may result from any defect in the construction or condition of the Premises, nor for any damage that may result from interruption of Tenant’s use of the Premises during any repairs by Landlord. Tenant waives any right to repair the Premises, the Building and/or the Common Area at the expense of Landlord under any applicable governmental laws, ordinances, statutes, orders or regulations now or hereafter in effect which might otherwise apply. Landlord’s Initials /s/ [ILLEGIBLE] Tenant’s Initials /s/ BD, /s/ BL
Appears in 1 contract
LANDLORD. Anything contained in Section 13.1 above to the contrary notwithstanding, as items of Operating Expenses, Landlord shall repair and maintain the exterior and structural portions parts of the Building including without limitation the foundations, structural loadbearing columns and walls of the Building, including the foundations and roof, roof structure, roof membranes and exterior walls; the utility pipes, wiring and conduits to their point of connection to the Premises; the sidewalks; and the structural or capital aspects of the parking area so that all of the foregoing are kept in good order and repair. To the extent any of the foregoing are capital improvements or capital assets, the same shall be subject to the limitations set forth in Section 4.1 (a)(ii)(B)(f). Landlord shall repair and maintain have the basic plumbingright, elevatorsupon at least thirty (30) days prior written notice to Tenant, life safety systems and other building systemsto cause to be performed or provided, heatingas the case may be, ventilatingas an Operating Expense, air conditioning and electrical systems installed or furnished by Landlord, and perform roof repair and maintenance to the Premisesany of Tenant’s obligations set forth in Section 13.1 above. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Landlord shall not be required to make any repair resulting from (i) any alteration or modification to the Building or to mechanical equipment within the Building performed by, or on behalf of, Tenant or to special equipment or systems installed by, or on behalf of, Tenant, (ii) the installation, use or operation of Tenant’s property, fixtures and equipment, (iii) the moving of Tenant’s property in or out of the Building or in and about the Premises, (iv) Tenant’s use or occupancy of the Premises in violation of Section 6 of this Lease or in a manner not contemplated by the parties at the time of the execution of this Lease, (v) the acts or omissions of Tenant or any employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants of Tenant (individually, a “Tenant Party” and collectively, “Tenant’s Parties”), (vi) fire and other casualty, except as provided by Section 21 of this Lease or (vii) condemnation, except as provided in Section 22 of this Lease. Landlord shall have no” obligation to make repairs under this Section 13.2 until a reasonable time after (a) Landlord first becomes aware of the need for such repairs, or (b) receipt of written notice from Tenant of the need for such repairs, whichever is earlier. There shall be no abatement of Rent during the performance of such work. Except for the initial Tenant Improvements, if any, provided for in the Work Letter, Landlord shall have no obligation during the Term of this Lease to remodel, repair, improve, decorate or paint any part of the Premises or to clean, repair or replace carpeting or window coverings. Landlord shall not be liable to Tenant for injury or damage that may result from any defect in the construction or condition of the Premises, nor for any damage that may result from interruption of Tenant’s use of the Premises during any repairs by Landlord. Tenant waives any right to repair the Premises, the Building and/or the Common Area at the expense of Landlord under any Applicable Laws including without limitation Sections 1941 and 1942 of the California Civil Code.or
Appears in 1 contract
Samples: Lease Agreement (Hansen Medical Inc)
LANDLORD. Anything contained 12.2.1 Except as otherwise provided in Section 13.1 above this Lease, and subject to the contrary notwithstanding, as items of Operating Expensesfollowing limitations, Landlord shall shall, at its sole cost and expense or as permitted to be included in the Operating Costs, repair and maintain damage to the structural components of the roof, the foundation and exterior portions of exterior walls of the Building; provided, including the foundations and roof structure. Landlord shall repair and maintain the basic plumbinghowever, elevatorsif such damage is caused by an act or omission of Tenant, life safety systems and other building systemsTenant’s employees, heatingagents, ventilatinginvitees, air conditioning and electrical systems installed subtenants, or furnished by Landlordcontractors, and perform roof repair and maintenance to the Premises. Landlord shall not be liable for any failure to make any then such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of be at Tenant’s sole expense. Notwithstanding the need of such repairs or maintenance is given to Landlord by Tenant. foregoing, Landlord shall not be required to make any repair resulting from (any of the following conditions:
i) any Any alteration or modification to the Building or to mechanical equipment within the Building performed by, for or on behalf of, because of Tenant or to special equipment or systems installed by, for or on behalf of, because of Tenant, (;
ii) the The installation, use or operation of Tenant’s property, fixtures and equipment, (;
iii) the The moving of Tenant’s property Property in or out of the Building or in and about the Premises, (;
iv) Tenant’s use or occupancy of the Premises in violation of Section 6 8 of this Lease or in a the manner not contemplated by the parties at the time of the execution of this Lease, (;
v) the The acts or omissions of Tenant or any and Tenant’s employees, agents, customers, visitors, invitees, licenseessubtenants, licensees or contractors, assignees or subtenants of Tenant (individually, a “Tenant Party” and collectively, “Tenant’s Parties”), (;
vi) fire Fire and other casualty, except as provided by Section 21 13 of this Lease or (Lease; and Landlord’s Initials Tenant’s Initials
vii) condemnationCondemnation, except as provided in Section 22 15 of this Lease. Landlord shall have no” no obligation to make repairs under this Section 13.2 12.2 until a commercially reasonable time after (a) Landlord first becomes aware of the need for such repairs, or (b) receipt of written notice from Tenant of the need for such repairs, whichever is earlier. There shall be no abatement of Rent during the performance of such workwork except as otherwise set forth in this Lease. Except for the initial Tenant ImprovementsUnless as due to Landlord’s gross negligence or willful misconduct, if any, provided for in the Work Letter, Landlord shall have no obligation during the Term of this Lease to remodel, repair, improve, decorate or paint any part of the Premises or to clean, repair or replace carpeting or window coverings. Landlord shall not be liable to Tenant for injury or damage that may result from any defect in the construction or condition of the Premises, nor for any damage that may result from interruption of Tenant’s use of the Premises during any repairs by Landlord. Tenant waives any right to repair the Premises, the Building and/or the Common Area at the expense of Landlord under any Applicable Laws including without limitation Sections 1941 and 1942 applicable governmental laws, ordinances, statutes, orders or regulations now or hereafter in effect which might otherwise apply.
12.2.2 Landlord shall have no obligation to make repairs under this Section 12.2 until a commercially reasonable time after receipt of written notice from Tenant of the California Civil Codeneed for such repairs. There shall be no abatement of Rent during the performance of such work except as otherwise set forth in this Lease. Unless due to Landlord’s gross negligence or willful misconduct, Landlord shall not be liable to Tenant for injury or damage that may result from any defect in the construction or condition of the Premises, nor for any damage that may result from interruption of Tenant’s use of the Premises during any repairs by Landlord. Tenant waives any right to repair the Premises, the Building and/or the Common Area at the expense of Landlord under any applicable governmental laws, ordinances, statutes, orders or regulations now or hereafter in effect which might otherwise apply.
Appears in 1 contract
LANDLORD. Anything contained in Section 13.1 above to the contrary notwithstanding, as items of Operating ExpensesProvided such entry does not materially interfere with Tenant’s business operations, Landlord and Landlord’s agents shall repair and maintain have the structural portions right to enter the Premises at all reasonable times (upon at least five (5) days’ prior notice, provided that in the case of the Building, including the foundations and roof structure. Landlord an emergency no prior notice shall repair and maintain the basic plumbing, elevators, life safety systems and other building systems, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlord, and perform roof repair and maintenance to the Premises. Landlord shall not be liable required) for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice purposes of the need of such repairs or maintenance is given to Landlord by Tenant. Landlord shall not be required to make any repair resulting from (i) discharging any alteration or modification to the Building or to mechanical equipment within the Building performed by, or on behalf of, Tenant or to special equipment or systems installed by, or on behalf of, Tenant, of Landlord’s obligations under this Lease; (ii) the installation, use or operation of Tenant’s property, fixtures and equipment, inspection to determine compliance with this Lease; (iii) showing the moving of Tenant’s property in or out Premises to prospective tenants (only during the last nine (9) months of the Building or in Term), buyers, and about the Premises, lenders; (iv) Tenant’s use or occupancy of the Premises in violation of Section 6 of this Lease or in a manner not contemplated by the parties at the time of the execution of exercising all other rights under this Lease, ; and (v) the acts or omissions of Tenant or any employeesother lawful purpose, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants of Tenant (individually, including placing a “Tenant PartyFor Lease” and collectively, “Tenant’s Parties”), sign in a conspicuous (vibut non-intrusive) fire and other casualty, except as provided by Section 21 place on the Premises within sixty (60) days prior to the expiration of this Lease or (vii) condemnation, except as provided in Section 22 of this Leasethe Term. Landlord shall have no” obligation the right to make repairs under this Section 13.2 until a reasonable time after enter the Premises without notice, and to use any and all means to obtain entry to the Premises, in the event of an emergency for which Landlord reasonably deems advance notice would not be practicable. No such entry to the Premises by Landlord shall cause (aor be deemed to cause) Landlord first becomes aware of the need for such repairs, or (b) receipt of written notice from Tenant of the need for such repairs, whichever is earlier. There shall be no an abatement of Rent during the performance of such work. Except for the initial Tenant Improvements, if any, provided for in the Work Letter, Landlord shall have no obligation during the Term of this Lease to remodel, repair, improve, decorate or paint any part otherwise constitute forcible or unlawful entry into or detainer of the Premises or to cleanan eviction of Tenant from the Premises or any portion thereof; provided, repair or replace carpeting or window coverings. however, that Landlord shall not be liable use commercially reasonable efforts to Tenant for injury or damage that may result from minimize any defect in the construction or condition interference with Tenant’s access to and use of the Premises, nor for any damage that . A representative of Tenant may result from interruption of Tenant’s use of the Premises be present during any repairs entry by Landlord. Tenant waives If Landlord, in the exercise of its entry rights, damages the Premises or Tenant’s personal property, then Landlord, at its sole cost, must promptly repair any right such damage to repair the Premises, Premises or Tenant’s personal property to substantially the Building and/or same condition as existed before the Common Area at the expense of Landlord under any Applicable Laws including without limitation Sections 1941 and 1942 of the California Civil Codedamage.
Appears in 1 contract
LANDLORD. Anything contained in Section 13.1 above Landlord shall, subject to the contrary notwithstandingfollowing limitations, as items of Operating Expenses, Landlord shall repair and maintain the damage to structural portions of the Buildingroof, including foundation and load-bearing portions of walls (excluding drywall, wall coverings, painting and doors) of the foundations Building and roof structure. Landlord shall repair the base Building utility and maintain the basic plumbing, elevators, life safety mechanical systems and other building systems, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlord, and perform roof repair and maintenance to serving the Premises. Landlord shall not be liable for ; provided, if such damage is caused by an act or omission of Tenant, or any failure to make any Tenant Party, then such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by be at Tenant's sole expense. Landlord shall not be required to make any repair resulting from (i) any alteration or modification to the Building or to mechanical equipment within the Building performed by, for or on behalf of, because of Tenant or to special equipment or systems installed by, for or on behalf of, because of Tenant, (ii) the installation, use or operation of Tenant’s 's property, fixtures and equipment, (iii) the moving of Tenant’s 's property in or out of the Building or in and about the Premises, (iv) Tenant’s 's use or occupancy of the Premises in violation of Section 6 11 of this Lease or in a manner not contemplated by the parties at the time of the execution of this Lease, (v) the acts or omissions of Tenant or any employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants of Tenant (individually, a “Tenant Party” and collectively, “Tenant’s Parties”), (vi) fire and other casualty, except as provided by Section 21 13 of this Lease or (vii) condemnation, except as provided in Section 22 14 of this Lease. Landlord shall have no” no obligation to make repairs under this Section 13.2 9.2 until a reasonable time after (a) Landlord first becomes aware of the need for such repairs, or (b) receipt of written notice from Tenant of the need for such repairs, whichever is earlier. There shall be no abatement of Rent during the performance of such work. Except for the initial Tenant Improvements, if any, improvements provided for in the Work Letter, Landlord shall have no obligation during the Term of this Lease to remodel, repair, improve, decorate or paint any part of the Premises or to clean, repair or replace carpeting or window coverings, except for normal vacuuming of the carpet as part of the janitorial services provided herein. Landlord shall not be liable to Tenant for injury or damage that may result from any defect in the construction or condition of the Premises, nor for any damage that may result from interruption of Tenant’s 's use of the Premises during any repairs by Landlord. Tenant waives any right to repair the Premises, the Building and/or the Common Area at the expense of Landlord under any Applicable Laws including without limitation Sections 1941 and 1942 of the California Civil Code.
Appears in 1 contract
Samples: Office Lease (Ipayment Inc)
LANDLORD. Anything contained 12.2.1 Except as otherwise provided in Section 13.1 above this Lease, and subject to the contrary notwithstanding, as items of Operating Expensesfollowing limitations, Landlord shall shall, at its sole cost and expense, repair and maintain damage to the structural components of the roof, the foundation and exterior portions of exterior walls (excluding wall coverings, painting, glass and doors) of the Building; provided, including the foundations and roof structure. Landlord shall repair and maintain the basic plumbinghowever, elevatorsif such damage is caused by an act or omission of Tenant, life safety systems and other building systemsTenant’s employees, heatingagents, ventilatinginvitees, air conditioning and electrical systems installed subtenants, or furnished by Landlordcontractors, and perform roof repair and maintenance to the Premises. Landlord shall not be liable for any failure to make any then such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of be at Tenant’s sole expense. Notwithstanding the need of such repairs or maintenance is given to Landlord by Tenant. foregoing, Landlord shall not be required to make any repair resulting from (any of the following conditions:
i) any Any alteration or modification to the Building or to mechanical equipment within the Building performed by, for or on behalf of, because of Tenant or to special equipment or systems installed by, for or on behalf of, because of Tenant, (;
ii) the The installation, use or operation of Tenant’s property, fixtures and equipment, (;
iii) the The moving of Tenant’s property Property in or out of the Building or in and about the Premises, (; Landlord’s Initials Tenant’s Initials
iv) Tenant’s use or occupancy of the Premises in violation of Section 6 8 of this Lease or in a the manner not contemplated by the parties at the time of the execution of this Lease, (;
v) the The acts or omissions of Tenant or any and Tenant’s employees, agents, customers, visitors, invitees, licenseessubtenants, licensees or contractors, assignees or subtenants of Tenant (individually, a “Tenant Party” and collectively, “Tenant’s Parties”), (;
vi) fire Fire and other casualty, except as provided by Section 21 13 of this Lease or (Lease; and
vii) condemnationCondemnation, except as provided in Section 22 15 of this Lease. Landlord shall have no” no obligation to make repairs under this Section 13.2 12.2 until a commercially reasonable time after (a) Landlord first becomes aware of the need for such repairs, or (b) receipt of written notice from Tenant of the need for such repairs, whichever is earlier. There shall be no abatement of Rent during the performance of such work. Except for the initial Tenant ImprovementsUnless as due to Landlord’s gross negligence or willful misconduct, if any, provided for in the Work Letter, Landlord shall have no obligation during the Term of this Lease to remodel, repair, improve, decorate or paint any part of the Premises or to clean, repair or replace carpeting or window coverings. Landlord shall not be liable to Tenant for injury or damage that may result from any defect in the construction or condition of the Premises, nor for any damage that may result from interruption of Tenant’s use of the Premises during any repairs by Landlord. Tenant waives any right to repair the Premises, the Building and/or the Common Area at the expense of Landlord under any Applicable Laws including without limitation Sections 1941 and 1942 applicable governmental laws, ordinances, statutes, orders or regulations now or hereafter in effect which might otherwise apply.
12.2.2 Landlord shall have no obligation to make repairs under this Section 12.2 until a commercially reasonable time after receipt of written notice from Tenant of the California Civil Codeneed for such repairs. There shall be no abatement of Rent during the performance of such work. Unless due to Landlord’s gross negligence or willful misconduct, Landlord shall not be liable to Tenant for injury or damage that may result from any defect in the construction or condition of the Premises, nor for any damage that may result from interruption of Tenant’s use of the Premises during any repairs by Landlord. Tenant waives any right to repair the Premises, the Building and/or the Common Area at the expense of Landlord under any applicable governmental laws, ordinances, statutes, orders or regulations now or hereafter in effect which might otherwise apply.
Appears in 1 contract
LANDLORD. Anything contained 12.2.1 Except as otherwise provided in Section 13.1 above this Lease, and subject to the contrary notwithstandingfollowing limitations, Landlord shall, at its sole cost and expense (and without passing such expenses and costs on to Tenant as items of Operating Expenses) keep in good order and repair the structural components of the roof, the foundation and other structural components, and exterior portions of exterior walls 32730.018 - 276230.10 4836-3652-8809v15/100382-1012 (excluding wall coverings, painting, glass and doors) of the Building; provided, however, if such damage is caused by an act or omission of Tenant, Tenant’s employees, agents, invitees, subtenants, or contractors, then such repairs shall be at Tenant’s sole expense. As an Operating Expense that shall be passed-through to Tenant as provided herein, Landlord shall also keep in good order and repair the Common Areas and maintain the structural portions of building systems serving the BuildingPremises, including the foundations and roof structure. Landlord shall repair and maintain the basic plumbingwithout limitation, elevatorsHVAC, life safety systems and other building systems, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlordelectrical, and perform roof repair and maintenance to plumbing systems. Notwithstanding the Premises. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. foregoing, Landlord shall not be required to make any repair resulting from (any of the following conditions:
i) any Any alteration or modification to the Building or to mechanical equipment within the Building performed by, for or on behalf of, because of Tenant or to special equipment or systems installed by, for or because of Tenant, provided that this clause i) shall not apply to any of the Landlord’s Work performed by Existing Landlord under the Existing Lease or by or on behalf ofof Landlord to fulfill its obligations with respect to the completion, Tenantrepair, (or replacement of such Landlord’s Work or any other work performed by Landlord in connection with the MAC Surviving Liabilities;
ii) the The installation, use or operation of Tenant’s property, fixtures and equipment, (;
iii) the The moving of Tenant’s property Property in or out of the Building or in and about the Premises, (;
iv) Tenant’s use or occupancy of the Premises in violation of Section 6 8 of this Lease or in a the manner not contemplated by the parties at the time of the execution of this Lease, (;
v) the The acts or omissions of Tenant or any and Tenant’s employees, agents, customers, visitors, invitees, licenseessubtenants, licensees or contractors, assignees or subtenants of Tenant (individually, a “Tenant Party” and collectively, “Tenant’s Parties”), (;
vi) fire Fire and other casualty, except as provided by Section 21 13 of this Lease or (Lease; and
vii) condemnationCondemnation, except as provided in Section 22 15 of this Lease. .
12.2.2 Landlord shall have no” no obligation to make repairs under this Section 13.2 12.2 until a commercially reasonable time after (a) Landlord first becomes aware of the need for such repairs, or (b) receipt of written notice from Tenant of the need for such repairs, whichever is earlier. There shall be no abatement of Rent during the performance of such work, except as expressly set forth in this Lease. Except for the initial Tenant ImprovementsUnless due to Landlord’s gross negligence or willful misconduct, if any, provided for in the Work Letter, Landlord shall have no obligation during the Term of this Lease to remodel, repair, improve, decorate or paint any part of the Premises or to clean, repair or replace carpeting or window coverings. Landlord shall not be liable to Tenant for injury or damage that may result from any defect in the construction or condition of the Premises, nor for any damage that may result from interruption of Tenant’s use of the Premises during any repairs by Landlord, except for rental abatement as expressly provided under this Lease. Tenant waives any right to repair the Premises, the Building and/or or the Common Area at the expense of Landlord under any Applicable Laws including without limitation Sections 1941 and 1942 of the California Civil Codeapplicable governmental laws, ordinances, statutes, orders or regulations now or hereafter in effect which might otherwise apply.
Appears in 1 contract
Samples: Industrial Lease (Appfolio Inc)
LANDLORD. Anything contained in Section 13.1 above to the contrary notwithstanding, as items of Operating Expenses, Landlord shall repair and maintain the structural portions of the Building, including the foundations and roof structure. Landlord shall repair and maintain the basic plumbing, elevators, life safety systems and other building systems, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlord, and perform roof repair and maintenance to the Premises. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Landlord shall not be required to make any repair resulting from (i) any alteration or modification to the Building or to mechanical equipment within the Building performed by, or on behalf of, Tenant or to special equipment or systems installed by, or on behalf of, Tenant, (ii) the installation, use or operation of Tenant’s property, fixtures and equipment, (iii) the moving of Tenant’s property in or out of the Building or in and about the Premises, (iv) Tenant’s use or occupancy of the Premises in violation of Section Article 6 of this Lease or in a manner not contemplated by the parties at the time of the execution of this Lease, (v) the acts or omissions of Tenant or any employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants of Tenant (individually, a “Tenant Party” and collectively, “Tenant’s Parties”), (vi) fire and other casualty, except as provided by Section Article 21 of this Lease or (vii) condemnation, except as provided in Section Article 22 of this Lease. Landlord shall have no” no obligation to make repairs under this Section 13.2 until a reasonable time after (a) Landlord first becomes aware of the need for such repairs, or (b) receipt of written notice from Tenant of the need for such repairs, whichever is earlier. There shall be no abatement of Rent during the performance of such work. Except for the initial Tenant Landlord’s Improvements, if any, provided for in the Landlord’s Work Letter, Landlord shall have no obligation during the Term of this Lease to remodel, repair, improve, decorate or paint any part of the Premises or to clean, repair or replace carpeting or window coverings. Landlord shall not be liable to Tenant for injury or damage that may result from any defect in the construction or condition of the Premises, nor for any damage that may result from interruption of Tenant’s use of the Premises during any repairs by Landlord. Tenant waives any right to repair the Premises, the Building and/or the Common Area at the expense of Landlord under any Applicable Laws including without limitation Sections 1941 and 1942 of the California Civil Code. Notwithstanding the foregoing, in the event that Tenant is prevented from using, and does not use, all or any material portion of the Premises, solely due to (y) the interruption of essential utility services (which for the purposes hereof, shall mean only the following utility services: electricity service, HVAC service, elevator service and water service to restrooms) or (z) the denial of access to the Premises, and such interruption of essential utility services and/or denial of access to the Premises is caused solely by Landlord (as opposed to the action or inaction of any third party) (an “Abatement Event”), then Tenant shall give Landlord written notice of such Abatement Event, and if such Abatement Event continues for fifteen (15) consecutive business days after Landlord’s receipt of any such notice (and Landlord shall have received notice of each such occurrence from Tenant) (the “Eligibility Period”), then the Base Rent and Tenant’s Percentage Share of the Direct Expenses shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time, and to the extent, that Tenant continues to be so prevented from (y) using all or any material portion of the Premises and (z) conducting its business activities, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Rent allocable to such reoccupied portion, based on the portion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. Such right to xxxxx Base Rent and Tenant’s Percentage Share of the Direct Expenses shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event; provided, however, that if Landlord, has not cured such Abatement Event within one hundred twenty days (120) after receipt of notice from Tenant (described above), Tenant shall have the right to terminate this Lease during the first ten (10) business days immediately following the end of such one hundred twenty (120) day period by delivering written notice to Landlord within such ten (10) business day period (the “Abatement Event Termination Notice”), and such termination shall be effective as of a date set forth in such Abatement Event Termination Notice (the “Abatement Event Termination Date”), which Abatement Event Termination Date shall not be less than thirty (30) business days and not more than three (3) calendar months following the delivery of the Abatement Event Termination Notice. Notwithstanding the foregoing, the parties hereby acknowledge and agree that (y) if the Premises or the Project (or any portion thereof) shall be damaged by fire or other casualty, the terms of Article 21 shall apply and control, and (z) if the Premises or the Project (or any portion thereof) shall be taken under power of eminent domain (or sold, transferred or conveyed in lieu thereof), the terms of Article 22 shall apply and control (and that, in either such case, Tenant shall have no rights under this provision).
Appears in 1 contract
LANDLORD. Anything contained in Section 13.1 above to the contrary notwithstanding, as items of Operating Expenses, Landlord shall repair and maintain the structural portions of the Building, including the foundations and roof structure. Landlord shall repair and maintain the basic plumbing, elevators, life safety systems and other building systems, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlord, and perform roof repair and maintenance to the Premises. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Landlord shall not be required to make any repair resulting from (i) any alteration or modification to the Building or to mechanical equipment within the Building performed by, or on behalf of, Tenant or to special equipment or systems installed by, or on behalf of, Tenant, (ii) the installation, use or operation of Tenant’s 's property, fixtures and equipment, (iii) the moving of Tenant’s 's property in or out of the Building or in and about the Premises, (iv) Tenant’s 's use or occupancy of the Premises in violation of Section 6 of this Lease or in a manner not contemplated by the parties at the time of the execution of this Lease, (v) the acts or omissions of Tenant or any employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants of Tenant (individually, a “"Tenant Party” " and collectively, “"Tenant’s 's Parties”"), (vi) fire and other casualty, except as provided by Section 21 of this Lease or (vii) condemnation, except as provided in Section 22 of this Lease. Landlord shall have no” no obligation to make repairs under this Section 13.2 until a reasonable time after (a) Landlord first becomes aware of the need for such repairs, or (b) receipt of written notice from Tenant of the need for such repairs, whichever is earlier. There shall be no abatement of Rent during the performance of such work. Except for the initial Tenant Improvements, if any, provided for in the Work Letter, Landlord shall have no obligation during the Term of this Lease to remodel, repair, improve, decorate or paint any part of the Premises or to clean, repair or replace carpeting or window coverings. Landlord shall not be liable to Tenant for injury or damage that may result from any defect in the construction or condition of the Premises, nor for any damage that may result from interruption of Tenant’s use of the Premises during any repairs by Landlord. Tenant waives any right to repair the Premises, the Building and/or the Common Area at the expense of Landlord under any Applicable Laws including without limitation Sections 1941 and 1942 of the California Civil Code.such
Appears in 1 contract
LANDLORD. Anything contained in Section Article 13.1 above to the contrary notwithstanding, as items of Operating Expenses, Landlord shall repair and maintain the structural portions of the BuildingPremises, including the foundations and roof structure. Landlord structure and shall repair and maintain contract for the basic plumbing, elevators, life safety systems and other building systems, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlord, and perform roof repair and maintenance to washing of the Premisesexternal surfaces of windows in the Premises no less than once every ninety (90) days (provided that Tenant is not in Default). Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Landlord shall not be required to make any repair resulting from (i) any alteration or modification to the Building Premises or to mechanical equipment within the Building Premises performed by, or on behalf of, Tenant or to special equipment or systems installed by, or on behalf of, Tenant, (ii) the installation, use or operation of Tenant’s property, fixtures and equipment, (iii) the moving of Tenant’s property in or out of the Building or in and about the Premises, (iv) Tenant’s use or occupancy of the Premises in violation of Section Article 6 of this Lease or in a manner not contemplated by the parties at the time of the execution of this Lease, (v) the acts or omissions of Tenant or any employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants of Tenant (individually, a “Tenant Party” and collectively, “Tenant’s Parties”), (vi) fire and other casualty, except as provided by Section Article 21 of this Lease or (vii) condemnation, except as provided in Section Article 22 of this Lease. Landlord shall have no” no obligation to make repairs under this Section Article 13.2 until a reasonable time after (a) Landlord first becomes aware of the need for such repairs, or (b) receipt of written notice from Tenant of the need for such repairs, whichever is earlier. There shall be no abatement of Rent during the performance of such work. Except for the initial Tenant Improvements, if any, provided for in the Work Letter, Landlord shall have no obligation during the Lease Term of this Lease to remodel, repair, improve, decorate or paint any part of the Premises or to clean, repair or replace carpeting or window coverings. Landlord shall not be liable to Tenant for injury or damage that may result from any defect in the construction or condition of the Premises, nor for any damage that may result from interruption of Tenant’s use of the Premises during any repairs by Landlord. Tenant waives any right to repair the Premises, the Building Premises and/or the Common Area at the expense of Landlord under any Applicable Laws including without limitation Sections Articles 1941 and 1942 of the California Civil Code.
Appears in 1 contract
Samples: Lease Agreement (Macrovision Corp)