LANDLORD’S MAINTENANCE AND REPAIR. Subject to Article XI, Landlord shall provide service, maintenance and repair with respect to the heating, ventilating and air conditioning (“HVAC”) equipment of the Building (exclusive of any supplemental HVAC equipment servicing only the Premises) and shall maintain in good repair the Common Areas, roof, foundations, footings, the exterior surfaces of the exterior walls of the Building, and the structural, electrical, mechanical and plumbing systems of the Building except as provided in Section 7.1 above. Landlord shall have the right to employ or designate any reputable person or firm, including any employee or agent of Landlord or any of Landlord’s affiliates or divisions, to perform any service, repair or maintenance function. Landlord need not make any other improvements or repairs except as specifically required under this Lease, and nothing contained in this Section shall limit Landlord’s right to reimbursement from Tenant for maintenance, repair costs and replacement costs as provided elsewhere in this Lease. Tenant understands that it shall not make repairs at Landlord’s expense or by rental offset. Except as provided in Sections 11.1 and 12.1 below, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements to any portion of the Building, including repairs to the Premises, nor shall any related activity by Landlord constitute an actual or constructive eviction; provided, however, that in making repairs, alterations or improvements, Landlord shall interfere as little as reasonably practicable with the conduct of Tenant’s business in the Premises.
Appears in 6 contracts
Samples: Office Space Lease, Office Space Lease (Intercept Pharmaceuticals Inc), Office Space Lease (Infosonics Corp)
LANDLORD’S MAINTENANCE AND REPAIR. Subject to Section 7.1 and Article XI, Landlord shall provide service, maintenance and repair with respect to the heating, ventilating and air conditioning (“HVAC”) equipment of the Building (exclusive of any supplemental HVAC equipment servicing only the Premises) and shall maintain in good repair the Common Areas, roof, foundations, footingsand footings of the Building, all landscaping, walkways, parking areas, Common Areas, exterior lighting, and the exterior surfaces of the exterior walls of the Building, and the structural, electrical, mechanical and plumbing systems except that Tenant at its expense shall make all repairs which Landlord deems reasonably necessary as a result of the Building except as provided in Section 7.1 aboveact or negligence of Tenant, its agents, employees, invitees, subtenants or contractors. Landlord shall have the right to employ or designate any reputable person or firm, including any employee or agent of Landlord or any of Landlord’s 's affiliates or divisions, to perform any service, repair or maintenance function. Landlord need not make any other improvements or repairs except as specifically required under this Lease, and nothing contained in this Section shall limit Landlord’s 's right to reimbursement from Tenant for maintenance, repair costs and replacement costs as provided elsewhere in this Lease. Tenant understands that it shall not make repairs at Landlord’s 's expense or by rental offset. Except as provided in Sections 11.1 and 12.1 below, there Tenant further understands that Landlord shall not be no abatement of rent and no liability of Landlord by reason of required to make any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements to any portion of the Building, including repairs to the Premisesroof, nor shall any related activity by foundations or footings unless and until Tenant has notified Landlord constitute an actual or constructive eviction; provided, however, that in making repairs, alterations or improvements, writing of the need for such repair and Landlord shall interfere as little as reasonably practicable with have a reasonable period of time thereafter to commence and complete said repair, if warranted. All costs of any maintenance and repairs on the conduct part of Tenant’s business in the PremisesLandlord provided hereunder shall be considered part of Building Costs.
Appears in 4 contracts
Samples: Industrial Lease (HNC Software Inc/De), Industrial Lease (Rainbow Technologies Inc), Industrial Lease (Quantum Corp /De/)
LANDLORD’S MAINTENANCE AND REPAIR. Subject to Section 7.1 and Article XI, Landlord shall provide service, maintenance and repair with respect to the heating, ventilating and air conditioning (“HVAC”) equipment of the Building (exclusive of any supplemental HVAC equipment servicing only the Premises) and shall maintain in good operating condition and repair all parts of the Common AreasPremises that are not Tenant’s obligation under Section 7.1 and all areas outside of the Premises including, roofwithout limitation, all portions and elements of the roof (including sky lights and related seals), foundations, footings, the exterior surfaces of the exterior walls of the BuildingBuilding (including exterior glass and doors), structural walls, passenger and freight elevators and the structural, electricallife/safety, electrical and mechanical systems (except for HVAC systems and plumbing systems equipment) in or serving the Building, except that Tenant at its expense shall make all repairs which Landlord deems reasonably necessary as a result of the Building except as provided in Section 7.1 aboveact or negligence of Tenant, its agents, employees, invitees, subtenants or contractors. Landlord shall have the right to employ or designate any reputable person or firm, including any employee or agent of Landlord or any of Landlord’s affiliates or divisions, to perform any service, repair or maintenance function. Landlord need not make any other improvements or repairs except as specifically required under this Lease, and nothing contained in this Section shall limit Landlord’s right to reimbursement from Tenant for reasonable maintenance, repair costs and replacement costs as provided elsewhere in this LeaseLease (but subject to any limitations therein provided). Tenant understands that it shall not make repairs at Landlord’s expense or by rental offset. Except as provided in Sections 11.1 and 12.1 below, there Tenant further understands that Landlord shall not be no abatement of rent and no liability of Landlord by reason of required to make any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements to any portion of the Building, including repairs to the Premisesroof, nor shall any related activity by foundations, footings, the exterior surfaces of the exterior walls of the Building (excluding exterior glass), or structural, electrical or mechanical systems unless and until Tenant has notified Landlord constitute an actual or constructive eviction; provided, however, that in making repairs, alterations or improvements, writing of the need for such repair and Landlord shall interfere have a reasonable period of time thereafter to commence and complete said repair, if warranted. Except as little as reasonably practicable with set forth in Sections 2.4 and 4.2 of this Lease, all costs of any maintenance, repairs and replacement on the conduct part of Tenant’s business in the PremisesLandlord provided hereunder shall be considered part of Project Costs.
Appears in 3 contracts
Samples: Sublease Agreement (Prometheus Biosciences, Inc.), Sublease Agreement (Prometheus Biosciences, Inc.), Lease (Prometheus Biosciences, Inc.)
LANDLORD’S MAINTENANCE AND REPAIR. Subject to Section 7.1 and Article XIXl, Landlord shall provide service, maintenance and repair with respect to the heating, ventilating and air conditioning (“HVAC”) equipment of the Building (exclusive of any supplemental HVAC equipment servicing only the Premises) and shall maintain in good repair the Common Areas, roof, foundations, footingsand footings of the Building, all landscaping, walkways, parking areas and exterior lighting of the Site, and the exterior surfaces of the exterior walls of the Building, and the structural, electrical, mechanical and plumbing systems except that Tenant at its expense shall make all repairs which Landlord deems reasonably necessary as a result of the Building except as provided in Section 7.1 aboveact or negligence of Tenant, its agents, employees, invitees, subtenants or contractors. Landlord shall have the right to employ or designate any reputable person or firm, including any employee or agent of Landlord or any of Landlord’s affiliates or divisions, to perform any service, repair or maintenance function. Landlord need not make any other improvements or repairs except as specifically required under this Lease, and nothing contained in this Section shall limit Landlord’s right to reimbursement from Tenant for maintenance, repair costs and replacement costs as provided elsewhere in this Lease. Tenant understands that it shall not make repairs at Landlord’s expense or nor, in any event, by rental offset. Except as provided in Sections 11.1 and 12.1 below, there Tenant further understands that Landlord shall not be no abatement of rent and no liability of Landlord by reason of required to make any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements to any portion of the Building, including repairs to the Premisesroof, nor shall any related activity by foundations or footings unless and until Tenant has notified Landlord constitute an actual or constructive eviction; provided, however, that in making repairs, alterations or improvements, writing of the need for such repair and Landlord shall interfere as little as reasonably practicable with have a reasonable period of time thereafter to commence and complete said repair, if warranted. All costs of any maintenance and repairs on the conduct part of Tenant’s business in the PremisesLandlord provided hereunder shall be considered part of Building Costs.
Appears in 3 contracts
Samples: Industrial Lease (Intralase Corp), Industrial Lease (Advanced Medical Optics Inc), Industrial Lease (Intralase Corp)
LANDLORD’S MAINTENANCE AND REPAIR. Subject to Section 7.1 and Article XI, Landlord shall provide service, maintenance and repair with respect to the heatingany air conditioning, ventilating and air conditioning (“HVAC”) or heating equipment of which serves the Building (exclusive of any supplemental HVAC equipment servicing only the Premises) Premises and shall maintain in good repair the Common Areas, roof, foundations, footings, the exterior surfaces of the exterior walls of the Building, and the structural, electricalelectrical and mechanical systems, mechanical and plumbing systems except that Tenant at its expense shall make all repairs which Landlord deems reasonably necessary as a result of the Building except as provided in Section 7.1 aboveact or negligence of Tenant, its agents, employees, invitees, subtenants or contractors. Landlord shall have the right to employ or designate any reputable person or firm, including any employee or agent of Landlord or any of Landlord’s 's affiliates or divisions, to perform any service, repair or maintenance function. Landlord need not make any other improvements or repairs except as specifically required under this Lease, and nothing contained in this Section shall limit Landlord’s 's right to reimbursement from Tenant for maintenance, repair costs and replacement costs as provided elsewhere in this Lease. Tenant understands that it shall not make repairs at Landlord’s 's expense or by rental offset. Except as provided in Sections 11.1 and 12.1 below, there Tenant further understands that Landlord shall not be no abatement of rent and no liability of Landlord by reason of required to make any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements to any portion of the Building, including repairs to the Premisesroof, nor shall any related activity by foundations, footings, structural, electrical or mechanical systems unless and until Tenant has notified Landlord constitute an actual or constructive eviction; provided, however, that in making repairs, alterations or improvements, writing of the need for such repair and Landlord shall interfere as little as reasonably practicable with have a reasonable period of time thereafter to commence and complete said repair, if warranted. All costs of any maintenance and repairs on the conduct part of Tenant’s business in the PremisesLandlord provided hereunder shall be considered part of Project Costs.
Appears in 3 contracts
Samples: Industrial Lease (Dental Medical Diagnostic Systems Inc), Industrial Lease (Naturade Inc), Industrial Lease (Jni Corp)
LANDLORD’S MAINTENANCE AND REPAIR. (a) Subject to Section 7.1 and Article XI, Landlord shall provide service, maintenance and repair with respect to the heatingany air conditioning, ventilating and air conditioning (“HVAC”) or heating equipment of which serves the Building Premises (exclusive of any supplemental HVAC equipment servicing only installed by or at the Premisesrequest of Tenant) and shall maintain in good repair the Common Areas, roof, foundations, footings, the exterior surfaces of the exterior walls of the Building, and the structural, electricalelectrical and mechanical systems, mechanical and plumbing systems except that Tenant at its expense shall make all repairs which Landlord deems reasonably necessary as a result of the Building except as provided in Section 7.1 aboveact or negligence of Tenant, its agents, employees, invitees, subtenants or contractors. Landlord shall have the right to employ or designate any reputable person or firm, including any employee or agent of Landlord or any of Landlord’s 's affiliates or divisions, to perform any service, repair or maintenance function. Landlord need not make any other improvements or repairs except as specifically required under this Lease, and nothing contained in this Section shall limit Landlord’s 's right to reimbursement from Tenant for maintenance, repair costs and replacement costs as provided elsewhere in this Lease. Tenant understands that it shall not make repairs at Landlord’s 's expense or by rental offset. .
(b) Except as provided in Sections 11.1 and 12.1 below, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s 's business arising from the making of any repairs, alterations or improvements to any portion of the Building, including repairs to the Premises, nor shall any related activity by Landlord constitute an actual or constructive eviction; provided, however, that in making repairs, alterations or improvements, Landlord shall interfere as little as reasonably practicable with the conduct of Tenant’s 's business in the Premises.
Appears in 3 contracts
Samples: Office Space Lease (Vision Solutions Inc), Office Space Lease (United Panam Financial Corp), Office Space Lease (Pharmaprint Inc)
LANDLORD’S MAINTENANCE AND REPAIR. Subject to Article XI, Landlord shall provide service, maintenance and repair with respect to the heating, ventilating and air conditioning (“HVAC”) equipment of the Building (exclusive of any supplemental HVAC equipment servicing only the Premises) and shall maintain in good repair the Common Areas, roof, foundations, footings, the exterior surfaces of the exterior walls of the Building, and the structural, electrical, mechanical and plumbing systems of the Building except as provided in Section 7.1 above. Landlord shall have the right to employ or designate any reputable person or firm, including any employee or agent of Landlord or any of Landlord’s affiliates or divisions, to perform any service, repair or maintenance function. Landlord need not make any other improvements or repairs except as specifically required under this Lease, and nothing contained in this Section shall limit Landlord’s right to reimbursement from Tenant for maintenance, repair costs and replacement costs as provided elsewhere in this Lease. Tenant understands that it shall not make repairs at Landlord’s expense or by rental offset. Except as provided in Sections 11.1 and 12.1 belowbelow and except as shall be due to the negligence or willful misconduct of Landlord or its agents, contractors or employees (but subject to Section 10.5), there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements to any portion of the Building, including repairs to the Premises, nor shall any related activity by Landlord constitute an actual or constructive eviction; provided, however, that in making repairs, alterations or improvements, Landlord shall interfere as little as reasonably practicable with the conduct of Tenant’s business in the Premises.
Appears in 2 contracts
Samples: Office Space Lease (Neothetics, Inc.), Office Space Lease (Neothetics, Inc.)
LANDLORD’S MAINTENANCE AND REPAIR. (a) Subject to Section 7.1 and Article XI, Landlord shall provide service, maintenance and repair with respect to the heatingany air conditioning, ventilating and air conditioning (“HVAC”) or heating equipment of which serves the Building (exclusive of any supplemental HVAC equipment servicing only the Premises) Premises and shall maintain in good repair the Common Areas, roof, foundations, footings, the exterior surfaces of the exterior walls of the Office Building, and the structural, electricalelectrical and mechanical systems, mechanical and plumbing systems except that Tenant, at its expense, shall make all repairs which Landlord deems reasonably necessary as a result of the Building except as provided in Section 7.1 aboveact or negligence of Tenant, its agents, employees, invitees, subtenants or contractors. Landlord shall have the right to employ or designate any reputable person or firm, including any employee or agent of Landlord or any of Landlord’s 's affiliates or divisions, to perform any service, repair or maintenance function. Landlord need not make any other improvements or repairs repairs, except as specifically required under this Lease, and nothing contained in this Section shall limit Landlord’s 's right to reimbursement from Tenant for maintenance, repair costs and replacement costs as provided elsewhere in this Lease. Tenant understands that it shall not make repairs at Landlord’s 's expense or by rental offset. Unless for an emergency, Landlord will provide prior written notice to Tenant.
(b) Except as provided in Sections 11.1 and 12.1 below, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s Xxxxxx's business arising from the making of any repairs, alterations or improvements to any portion of the Office Building, including repairs to the Premises, nor shall any related activity by Landlord constitute an actual or constructive eviction; provided, however, that in making repairs, alterations or improvements, Landlord shall interfere as little as reasonably practicable with the conduct of Tenant’s Xxxxxx's business in the Premises.
Appears in 2 contracts
Samples: Assignment of Lease (NBC Internet Inc), Assignment of Lease (Xoom Inc)
LANDLORD’S MAINTENANCE AND REPAIR. Subject to Article XI, Landlord shall provide service, maintenance and repair with respect to the heating, ventilating and air conditioning (“"HVAC”") equipment of the Building (exclusive of any supplemental HVAC equipment servicing only the Premises) and shall maintain in good repair the Common Areas, roof, foundations, footings, the exterior surfaces of the exterior walls of the Building, and the structural, electrical, mechanical and plumbing systems of the Building except as provided in Section 7.1 above. Landlord shall have the right to employ or designate any reputable person or firm, including any employee or agent of Landlord or any of Landlord’s 's affiliates or divisions, to perform any service, repair or maintenance function. Landlord need not make any other improvements or repairs except as specifically required under this Lease, and nothing contained in this Section shall limit Landlord’s 's right to reimbursement from Tenant for maintenance, repair costs and replacement costs as provided elsewhere in this Lease. Tenant understands that it shall not make repairs at Landlord’s 's expense or by rental offset. Except as provided in Sections 11.1 and 12.1 below, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s 's business arising from the making of any repairs, alterations or improvements to any portion of the Building, including repairs to the Premises, nor shall any related activity by Landlord constitute an actual or constructive eviction; provided, however, that in making repairs, alterations or improvements, Landlord shall interfere as little as reasonably practicable with the conduct of Tenant’s 's business in the Premises.
Appears in 2 contracts
Samples: Office Space Lease (Diedrich Coffee Inc), Office Space Lease (Pacific Mercantile Bancorp)
LANDLORD’S MAINTENANCE AND REPAIR. Subject to Article XI, Landlord shall provide service, maintenance and repair with respect to the heating, ventilating and air conditioning (“HVAC”) equipment of the Building (exclusive of any supplemental HVAC equipment servicing only the Premises) and shall maintain in good repair the Common Areas, roof, foundations, footings, the exterior surfaces of the exterior walls of the BuildingBuilding (including exterior glass), and the structural, electrical, mechanical and plumbing systems of the Building except as provided in Section 7.1 above(including elevators, if any, servicing the Building). Landlord shall have the right to employ or designate any reputable person or firm, including any employee or agent of Landlord or any of Landlord’s affiliates or divisions, to perform any service, repair or maintenance function. Landlord need not make any other improvements or repairs except as specifically required under this Lease, and nothing contained in this Section shall limit Landlord’s right to reimbursement from Tenant for maintenance, repair costs and replacement costs as provided elsewhere in this Lease. Tenant understands that it shall not make repairs at Landlord’s expense or by rental offset. Except as provided in Sections 11.1 and 12.1 below, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements to any portion of the Building, including repairs to the Premises, nor shall any related activity by Landlord constitute an actual or constructive eviction; provided, however, that in making repairs, alterations or improvements, Landlord shall interfere as little as reasonably practicable with the conduct of Tenant’s business in the Premises.
Appears in 1 contract
LANDLORD’S MAINTENANCE AND REPAIR. Subject to Section 7.1 and Article XI, Landlord shall provide service, maintenance and repair with respect to the heating, ventilating and air conditioning (“HVAC”) equipment of the Building (exclusive of any supplemental HVAC equipment servicing only the Premises) and shall maintain in good repair the Common Areas, roof, foundations, footingsand footings of the Building, all landscaping, walkways, parking areas, exterior lighting of the Site, and the exterior surfaces of the exterior walls of the Building, and the structural, electrical, mechanical and plumbing systems except that Tenant at its expense shall make all repairs which Landlord deems reasonably necessary as a result of the Building except as provided in Section 7.1 aboveact or negligence of Tenant, its agents, employees, invitees, subtenants or contractors. Landlord shall have the right to employ or designate any reputable person or firm, including any employee or agent of Landlord or any of Landlord’s 's affiliates or divisions, to perform any service, repair or maintenance function. Landlord need not make any other improvements or repairs except as specifically required under this Lease, and nothing contained in this Section shall limit Landlord’s 's right to reimbursement from Tenant for maintenance, repair costs and replacement costs as provided elsewhere in this Lease. Tenant understands that it shall not make repairs at Landlord’s 's expense or by rental offset. Except as provided in Sections 11.1 and 12.1 below, there Tenant further understands that Landlord shall not be no abatement of rent and no liability of Landlord by reason of required to make any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements to any portion of the Building, including repairs to the Premisesroof, nor shall any related activity by foundations or footings unless and until Tenant has notified Landlord constitute an actual or constructive eviction; provided, however, that in making repairs, alterations or improvements, writing of the need for such repair and Landlord shall interfere as little as reasonably practicable with have a reasonable period of time thereafter to commence and complete said repair, if warranted. All costs of any maintenance and repairs on the conduct part of Tenant’s business in the PremisesLandlord provided hereunder shall be considered part of Building Costs.
Appears in 1 contract
Samples: Industrial Lease (Buy Com Inc)
LANDLORD’S MAINTENANCE AND REPAIR. Subject to Section 7.1 and Article XI, Landlord shall provide service, maintenance and repair with respect to the heating, ventilating and air conditioning (“HVAC”) equipment of the Building (exclusive of any supplemental HVAC equipment servicing only the Premises) and shall maintain in good repair the Common Areas, roof, foundations, footingsand footings of the Building, all landscaping, walkways, parking areas, exterior lighting of the Site, and the exterior surfaces of the exterior walls of the Building, and the structural, electrical, mechanical and plumbing systems except that Tenant at its expense shall make all repairs which landlord deems reasonably necessary as a result of the Building except as provided in Section 7.1 aboveact or negligence of Tenant, its agents, employees, invitees, subtenants or contractors. Landlord shall have the right to employ or designate any reputable person or firm, including any employee or agent of Landlord or any of Landlord’s Landlords affiliates or divisions, to perform any service, repair or maintenance function. Landlord need not make any other improvements or repairs except as specifically required under this Lease, and nothing contained in this Section shall limit Landlord’s right to reimbursement from Tenant for maintenance, repair costs and replacement costs as provided elsewhere in this Lease. Tenant understands that it shall not make repairs at Landlord’s expense or by rental offset. Except as provided in Sections 11.1 and 12.1 below, there Tenant further understands that Landlord shall not be no abatement of rent and no liability of Landlord by reason of required to make any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements to any portion of the Building, including repairs to the Premisesroof, nor shall any related activity by foundations or footings unless and until Tenant has notified Landlord constitute an actual or constructive eviction; provided, however, that in making repairs, alterations or improvements, writing of the need for such repair and Landlord shall interfere as little as reasonably practicable with have a reasonable period of time thereafter to commence and complete such repair, if warranted. All costs of any maintenance and repairs on the conduct part of Tenant’s business in the PremisesLandlord provided hereunder shall be considered part of Building Costs.
Appears in 1 contract
Samples: Industrial Lease (Sunpower Corp)
LANDLORD’S MAINTENANCE AND REPAIR. (a) Subject to Section 7.1 and Article XI, Landlord shall provide service, maintenance and repair with respect to the heatingany air conditioning, ventilating and air conditioning (“HVAC”) or heating equipment of which serves the Building (exclusive of any supplemental HVAC equipment servicing only the Premises) Premises and shall maintain in good repair the Common Areas, roof, foundations, footings, the exterior surfaces of the exterior walls of the Office Building, and the structural, electricalelectrical and mechanical systems, mechanical and plumbing systems except that Tenant, at its expense, shall make all repairs which Landlord deems reasonably necessary as a result of the Building except as provided in Section 7.1 aboveact or negligence of Tenant, its agents, employees, invitees, subtenants or contractors. Landlord shall have the right to employ or designate any reputable person or firm, including any employee or agent of Landlord or any of Landlord’s 's affiliates or divisions, to perform any service, repair or maintenance function. Landlord need not make any other improvements or repairs repairs, except as specifically required under this Lease, and nothing contained in this Section shall limit Landlord’s 's right to reimbursement from Tenant for maintenance, repair costs and replacement costs as provided elsewhere in this Lease. Tenant understands that it shall not make repairs at Landlord’s 's expense or by rental offset. .
(b) Except as provided in Sections 11.1 and 12.1 below, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s 's business arising from the making of any repairs, alterations or improvements to any portion of the Office Building, including repairs to the Premises, nor shall any related activity by Landlord constitute an actual or constructive eviction; provided, however, that in making repairs, alterations or improvements, Landlord shall interfere as little as reasonably practicable with the conduct of Tenant’s Tenants business in the Premises.
Appears in 1 contract
Samples: Assignment of Lease (Viador Inc)
LANDLORD’S MAINTENANCE AND REPAIR. (a) Subject to Section 7.1 and Article XI, Landlord shall provide service, maintenance and repair with respect to the heatingany air conditioning, ventilating and air conditioning (“HVAC”) or heating equipment of which serves the Building Premises (exclusive of any supplemental HVAC equipment servicing only installed by or at the Premisesrequest of Tenant) and shall maintain in good repair the Common Areas, roof, foundations, footings, the exterior surfaces of the exterior walls of the Building, and the structural, electricalelectrical and mechanical systems, mechanical and plumbing systems except that Tenant at its expense shall make all repairs which Landlord deems reasonably necessary as a result of the Building except as provided in Section 7.1 aboveact or negligence of Tenant, its agents, employees, invitees, subtenants or contractors. Landlord shall have the right to employ or designate any reputable person or firm, including any employee or agent of Landlord or any of Landlord’s 's affiliates or divisions, to perform any service, repair or maintenance function. Landlord need not make any other improvements or repairs except as specifically required under this Lease, and nothing contained in this Section shall limit Landlord’s 's right to reimbursement from Tenant for maintenance, repair costs and replacement costs as provided elsewhere in this Lease. Tenant understands that it shall not make repairs at Landlord’s 's expense or by rental offset. .
(a) Except as provided in Sections 11.1 and 12.1 below, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference interfere with Tenant’s 's business arising from the making of any repairs, alterations or improvements to any portion of the Building, including repairs to the Premises, nor shall any related activity by Landlord constitute an actual or constructive eviction; provided, however, that in making repairs, alterations or improvements, Landlord shall interfere as little as reasonably practicable with the conduct of Tenant’s 's business in the Premises.
Appears in 1 contract
LANDLORD’S MAINTENANCE AND REPAIR. Subject to Article XI, Landlord shall provide service, maintenance and repair with respect to the heating, ventilating and air conditioning (“HVAC”) equipment of the Building (exclusive of any supplemental HVAC equipment servicing only the Premises) and shall maintain in good repair the Common Areas, roof, foundations, footings, the exterior surfaces of the exterior walls of the Building, the exterior plate glass, and the structural, electrical, mechanical and plumbing systems of the Building except as provided in Section 7.1 above. Landlord shall have the right to employ or designate any reputable person or firm, including any employee or agent of Landlord or any of Landlord’s affiliates or divisions, to perform any service, repair or maintenance function. Landlord need not make any other improvements or repairs except as specifically required under this Lease, and nothing contained in this Section shall limit Landlord’s right to reimbursement from Tenant for maintenance, repair costs and replacement costs as provided elsewhere in this Lease. Tenant understands that it shall not make repairs at Landlord’s expense or by rental offset. Except as provided in Sections 11.1 and 12.1 below, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with TenantXxxxxx’s business arising from the making of any repairs, alterations or improvements to any portion of the Building, including repairs to the Premises, nor shall any related activity by Landlord constitute an actual or constructive eviction; provided, however, that in making repairs, alterations or improvements, Landlord shall interfere as little as reasonably practicable with the conduct of TenantXxxxxx’s business in the PremisesPremises and shall undertake and complete such services and/or repairs as soon as is reasonably practicable.
Appears in 1 contract
LANDLORD’S MAINTENANCE AND REPAIR. (a) Subject to Section 7.1 and Article XI, Landlord shall provide service, maintenance and repair with respect to any air conditioning, ventilating, or heating equipment which serves the heating, ventilating and air conditioning (“HVAC”) equipment of the Building Premises (exclusive of any supplemental HVAC equipment servicing only installed by or at the Premisesrequest of Tenant) and shall maintain in good repair the Common Areas, roof, foundations, footings, the exterior surfaces of the exterior walls of the Building, and the structural, electricalelectrical and mechanical systems, mechanical and plumbing systems except that Tenant at its expense shall make all repairs which Landlord deems reasonably necessary as a result of the Building except as provided in Section 7.1 aboveact or negligence of Tenant, its agents, employees, invitees, subtenants or contractors. Landlord shall have the right to employ or designate any reputable person or firm, including any employee or agent of Landlord or any of Landlord’s 's affiliates or divisions, to perform any service, repair or maintenance function. Landlord need not make any other improvements or repairs except as specifically required under this Lease, and nothing contained in this Section shall limit Landlord’s 's right to reimbursement from Tenant for maintenance, repair costs and replacement costs as provided elsewhere in this Lease. Tenant understands that it shall not make repairs at Landlord’s 's expense or by rental offset. .
(b) Except as provided in Sections 11.1 and 12.1 below, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s 's business arising from the making of any repairs, alterations or improvements to any portion of the Building, including repairs to the Premises, nor shall any related activity by Landlord constitute an actual or constructive eviction; provided, however, that in making repairs, alterations or improvements, Landlord shall interfere as little as reasonably practicable with the conduct of Tenant’s 's business in the Premises.
Appears in 1 contract
Samples: Assignment of Lease (Imperial Credit Commercial Holdings Inc)
LANDLORD’S MAINTENANCE AND REPAIR. (a) Subject to Section 10.3 and Article XI, Landlord shall provide service, maintenance and repair with respect to the heatingany air conditioning, ventilating and air conditioning (“HVAC”) or heating equipment of which serves the Building Premises (exclusive of any supplemental HVAC equipment servicing only installed by or at the Premisesrequest of Tenant) and shall maintain in good repair the Common Areasroof, roofroof membrane, foundations, footings, the exterior surfaces of the exterior walls of the Building, and the structural, electrical, electrical and mechanical and plumbing systems of the Building except as provided in Section 7.1 abovesystems. Landlord shall have the right to employ or designate any reputable person or firm, including any employee or agent of Landlord or any of Landlord’s 's affiliates or divisions, to perform any service, repair or maintenance function. Landlord need not make any other improvements or repairs except as specifically required under this Lease, and nothing contained in this Section shall limit Landlord’s 's right to reimbursement from Tenant for maintenance, repair costs and replacement costs as provided elsewhere in this Lease. Tenant understands that it shall not make repairs at Landlord’s 's expense or by rental offset. .
(b) Except as provided in Sections 6.1 above and 11.1 and 12.1 below, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s 's business arising from the making of any repairs, alterations or improvements to any portion of the Building, including repairs to the Premises, nor shall any related activity by Landlord constitute an actual or constructive eviction; provided, however, that in making repairs, alterations or improvements, Landlord shall interfere as little as reasonably practicable with the conduct of Tenant’s 's business in the Premises.
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LANDLORD’S MAINTENANCE AND REPAIR. Subject to Article XI, (a) Landlord shall provide service, maintenance keep and repair with respect to the heating, ventilating and air conditioning (“HVAC”) equipment of the Building (exclusive of any supplemental HVAC equipment servicing only the Premises) and shall maintain in good repair the Common Areas, roofroof (including the structural integrity thereof), foundations, footings, the exterior surfaces of the exterior walls of and the electrical and mechanical systems in the Building, reasonable wear and tear expected, except to the structuralextent such repair is Tenant's responsibility under Section 6.1 above or the responsibility of a public or private utility company and except that Tenant at its expense shall make any such repairs relating to the act or negligence of Tenant, electricalits agents, mechanical and plumbing systems employees, invitees, licensees or contractors. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the Building except need for such repairs or maintenance is given to Landlord by Tenant.
(b) Except as provided in Section 7.1 above. Landlord shall have the right to employ or designate any reputable person or firm, including any employee or agent of Landlord or any of Landlord’s affiliates or divisions, to perform any service, repair or maintenance function. Landlord need not make any other improvements or repairs except as specifically required under this Lease, 10.1 and nothing contained in this Section shall limit Landlord’s right to reimbursement from Tenant for maintenance, repair costs and replacement costs as provided elsewhere in this Lease. Tenant understands that it shall not make repairs at Landlord’s expense or by rental offset. Except as provided in Sections 11.1 and 12.1 Article XI below, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s 's business arising from the making of any repairs, alterations or improvements in or to any portion of the Project or the Building, including repairs to the Premises, nor shall any related activity by Landlord constitute an actual or constructive evictionin or to the fixtures, appurtenances and equipment therein; provided, however, that in making such repairs, alterations or improvements, Landlord shall interfere as little as reasonably practicable with the conduct of Tenant’s 's business in the Premises.
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Samples: Office Space Lease (DVD Express Inc)