Landlord’s Maintenance Obligations. Landlord shall provide the following at its sole cost and expense (i) overhead lighting (including maintenance, repair and replacement) and its related electricity consumption, (ii) snow and ice removal from the Parking Facility, (iii) subject to Tenant’s obligations in Section 6.2 below, adequate pavement and striping (as necessary to maintain the parking lot surface of the Premises in a condition consistent with the other Parking Facilities on the Land , and (iv) sweeping, cleaning, and landscaping maintenance (meaning, collectively, the Premises and Common Areas on the Land) in good condition and repair consistent with the routine maintenance and repair which is standard for the Common Areas of the Shopping Center as maintained by Landlord. Landlord shall commence within thirty (30) days and thereafter diligently pursue to completion such Landlord maintenance obligations after being given notice of the maintenance need consistent with the standards for the Common Areas of the Shopping Center. Notwithstanding the foregoing, the thirty (30) day period provided above shall not apply in the event that a delay in Landlord’s completing the required maintenance would materially and adversely affect Tenant’s ability to use the Parking Facility for the Use in which event Landlord shall commence the required maintenance as quickly as reasonably practical. Tenant agrees and acknowledges that Landlord’s obligations hereunder may be performed under contracts applicable to the Land, the Premises or to all or a larger portion of the Shopping Center or the Adjacent Shopping Center (as hereinafter defined). The manner in which the Common Areas shall be maintained as described herein shall be solely determined by Landlord. If any owner or tenant of any portion of the Shopping Center maintains Common Areas located upon its parcel or premises (Landlord shall have the right, in its sole discretion, to allow any owner or tenant to so maintain Common Areas located upon its parcel or premises), Landlord shall not have any responsibility for the maintenance of that portion of the Common Areas and Tenant shall have no claims against Landlord arising out of any failure of such owner or tenant to so maintain its portion of the Common Areas.
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Samples: Ground Lease Agreement, Ground Lease Agreement, Ground Lease Agreement
Landlord’s Maintenance Obligations. Landlord shall provide the following at its sole cost and expense (i) overhead lighting (including maintenance, repair and replacement) and its related electricity consumption, (ii) snow and ice removal from the Parking Facility, (iii) subject to Tenant’s obligations in Section 6.2 below, adequate pavement and striping (as necessary to maintain the parking lot surface of the Premises in a condition consistent with the other Parking Facilities on the Land , and (iv) sweeping, cleaning, and landscaping maintenance (meaning, collectively, the Premises and Common Areas on the Land) in good condition and repair consistent with the routine maintenance structural components and repair which is standard for the Common Areas of the Shopping Center foundations, roof structure (as maintained by Landlord. Landlord shall commence within thirty (30) days and thereafter diligently pursue to completion such Landlord maintenance obligations after being given notice of the maintenance need consistent with the standards for the Common Areas of the Shopping Center. Notwithstanding the foregoing, the thirty (30) day period provided above shall not apply in the event that a delay in Landlord’s completing the required maintenance would materially and adversely affect Tenant’s ability to use the Parking Facility for the Use in which event Landlord shall commence the required maintenance as quickly as reasonably practical. Tenant agrees and acknowledges that Landlord’s obligations hereunder may be performed under contracts applicable opposed to the Landroof membrane, the Premises or to all or a larger portion of the Shopping Center or the Adjacent Shopping Center (as hereinafter defined). The manner in which the Common Areas shall be maintained and repaired by Tenant pursuant to Section 11.3 below) and exterior surfaces of the exterior walls of the building of which the Premises is a part (exclusive of doors, door frames, door checks, windows, window frames and, unless Landlord elects to include cleaning of the storefronts and storefront awnings of tenants of the Project as described herein pan of Common Area maintenance pursuant to Section 12.2 below, storefronts and storefront awnings); provided, however, if any repairs or replacements are necessitated by the negligence or willful acts of Tenant or anyone claiming under Tenant or by reason of Tenant’s failure to observe or perform any conditions or agreements contained in this Lease, or caused by alterations, additions or improvements made by Tenant or anyone claiming under Tenant, the cost of same shall be solely determined the sole responsibility of Tenant. It is acknowledged by Tenant that the cost of some of Landlord’s maintenance obligations referenced in the preceding sentence shall be prorated and paid as Common Area Costs. If any owner or tenant of any portion of Notwithstanding anything to the Shopping Center maintains Common Areas located upon its parcel or premises (Landlord shall have the right, contrary contained in its sole discretion, to allow any owner or tenant to so maintain Common Areas located upon its parcel or premises)this Lease, Landlord shall not have any responsibility be liable for failure to make repairs required to be made by Landlord under the maintenance provisions of that portion this Lease unless Tenant has previously notified Landlord in writing of the Common Areas need for such repairs and Tenant shall have no claims against Landlord arising out has failed to commence and complete the repairs within a reasonable period of any failure time following receipt of such owner or tenant to so maintain its portion of the Common AreasTenant’s written notification.
Appears in 1 contract
Samples: Lease (Central Coast Bancorp)
Landlord’s Maintenance Obligations. Landlord shall provide the following at its sole cost and expense (i) overhead lighting (including maintenance, repair and replacement) and its related electricity consumption, (ii) snow and ice removal from the Parking Facility, (iii) subject to Tenant’s obligations in Section 6.2 below, adequate pavement and striping (as necessary to maintain the parking lot surface of the Premises in a condition consistent with the other Parking Facilities on the Land , and (iv) sweeping, cleaning, and landscaping maintenance (meaning, collectively, the Premises and Common Areas on the Land) in good condition and repair consistent with the routine maintenance and repair which is standard for the Common Areas of the Shopping Center as maintained by Landlord. Landlord shall commence within thirty (30) days and thereafter diligently pursue to completion such Landlord maintenance obligations after being given notice of the maintenance need consistent with the standards for the Common Areas of the Shopping Center. Notwithstanding the foregoing, the thirty (30) day period provided above shall not apply in the event that a delay in Landlord’s completing the required maintenance would materially and adversely affect Tenant’s ability to use the Parking Facility for the Use in which event Landlord shall commence the required maintenance as quickly as reasonably practical. Tenant Xxxxxx agrees and acknowledges that LandlordXxxxxxxx’s obligations hereunder may be performed under contracts applicable to the Land, the Premises or to all or a larger portion of the Shopping Center or the Adjacent Shopping Center (as hereinafter defined). The manner in which the Common Areas shall be maintained as described herein shall be solely determined by Landlord. If any owner or tenant of any portion of the Shopping Center maintains Common Areas located upon its parcel or premises (Landlord shall have the right, in its sole discretion, to allow any owner or tenant to so maintain Common Areas located upon its parcel or premises), Landlord shall not have any responsibility for the maintenance of that portion of the Common Areas and Tenant shall have no claims against Landlord arising out of any failure of such owner or tenant to so maintain its portion of the Common Areas.
Appears in 1 contract
Samples: Ground Lease Agreement
Landlord’s Maintenance Obligations. Landlord shall provide the following This Lease is intended to be a net lease; accordingly, Landlord’s maintenance obligations (at its sole cost and expense expense) are limited to the replacement of the Building’s Structure. Landlord shall not be responsible for (a) any such work until Tenant notifies Landlord of the need therefor in writing or (b) alterations to the Building’s Structure required by applicable Law because of Tenant’s use of the Premises (which alterations shall be made by Tenant at its sole cost and expense). The Building’s Structure does not include windows, glass or plate glass, doors or overhead doors, special fronts, or office entries, dock bumpers, dock plates or levelers, loading areas and docks, and loading dock equipment, all of which shall be maintained by Tenant, unless such damage is solely caused by latent defects of the Building’s Structure or the gross negligence or willful misconduct of Landlord or Landlord’s agents. Landlord’s liability for any defects, repairs, replacement or maintenance for which Landlord is specifically responsible for under this Lease shall be limited to the cost of performing the work. Additionally, Landlord shall maintain automatic fire sprinkler system, the parking areas, and other common areas of the Building, including driveways, alleys, landscape and grounds surrounding the Premises and utility lines in a good condition, consistent with the operation of a bulk warehouse/industrial or service center facility, including maintenance, repair, and replacement of the exterior of the Building (including but not limited to painting), landscaping, sprinkler systems, and any items normally associated with the foregoing. All costs in performing the work described in the foregoing sentence shall be included in Operating Costs. Tenant shall promptly notify Landlord in writing of any work required to be performed under this Section 7, and Landlord shall not be responsible for performing such work until Tenant delivers to Landlord such notice. Notwithstanding anything to the contrary contained herein, Landlord shall, in its sole and absolute discretion, determine the appropriate remedial action required of it to satisfy its maintenance obligations hereunder (e.g., Landlord shall, in its sole and absolute discretion, determine whether, and to the extent, repairs or replacements are the appropriate remedial action). Notwithstanding anything in this Section 7 to the contrary, if Landlord fails to make any repairs or to perform any maintenance required of Landlord hereunder to the roof of the building over the Premises, and (i) overhead lighting such failure shall persist for thirty (including maintenance30) days after written notice of the need for such repairs or maintenance is given to Landlord, repair and replacement) and its related electricity consumption, (ii) snow unless Landlord has commenced such repairs or maintenance during such period and ice removal from is Texas Industrial Lease — American Locker Group, Inc. 5 0000 Xxxxxx, Xxxxx 000, XXX Xxxxxxx, Xxxxx diligently pursuing the Parking Facilitysame, and (iii) subject such failure creates a risk of bodily injury or property damage, then Tenant may (but shall not be required to) following a second notice (which notice shall have a heading in at least 12-point type, bold and all caps “FAILURE TO RESPOND SHALL RESULT IN TENANT EXERCISING SELF-HELP RIGHTS”) and Landlord’s failure to commence repairs within five (5) business days after receipt of such second notice, cause Landlord’s roofing contractor to perform such repairs or maintenance in accordance with the provisions of this Lease governing Tenant’s obligations in Section 6.2 below, adequate pavement repairs and striping (as necessary to maintain the parking lot surface of the Premises in a condition consistent with the other Parking Facilities on the Land , alterations and (iv) sweeping, cleaning, and landscaping maintenance (meaning, collectively, the Premises and Common Areas on the Land) in good condition and repair consistent with the routine maintenance and repair which is standard for the Common Areas of the Shopping Center as maintained by Landlord. Landlord shall commence reimburse Tenant for all reasonable costs and expenses therefor within thirty (30) days after presentation of appropriate invoices and thereafter diligently pursue back-up documentation; provided, however, that the self-help rights of Tenant set forth in this Section 7 shall only apply to completion such Landlord maintenance obligations after being given notice of the maintenance need consistent with the standards for the Common Areas of the Shopping Center. Notwithstanding the foregoing, the thirty (30) day period provided above shall not apply in the event that a delay in Landlord’s completing the required maintenance would materially and adversely affect Tenant’s ability to use the Parking Facility for the Use in which event Landlord shall commence the required maintenance as quickly as reasonably practical. Tenant agrees and acknowledges that Landlord’s obligations hereunder may be performed under contracts applicable any entity or individual who succeeds to the Landrights of BV DFWA I, the Premises LP in and to this Lease and shall in no way be deemed to apply to BV DFWA I, LP or to all or a larger portion of the Shopping Center or the Adjacent Shopping Center (as hereinafter defined). The manner in which the Common Areas shall be maintained as described herein shall be solely determined by Landlord. If any owner or tenant of any portion of the Shopping Center maintains Common Areas located upon its parcel or premises (Landlord shall have the right, in its sole discretion, to allow any owner or tenant to so maintain Common Areas located upon its parcel or premises), Landlord shall not have any responsibility for the maintenance of that portion of the Common Areas and Tenant shall have no claims against Landlord arising out of any failure of such owner or tenant to so maintain its portion of the Common Areasaffiliates.
Appears in 1 contract
Landlord’s Maintenance Obligations. The first sentence of Section 7.1 is hereby deleted and replaced with the following sentences: "Subject to the provisions of Sections 21 (Damage) and 22 (Eminent Domain), and subject to reimbursement pursuant to Article 7, Landlord shall provide keep in good order, condition and repair the following foundations, exterior walls, structural condition of interior bearing walls, exterior roof, fire sprinkler system, fire alarm and/or smoke detection systems, fire hydrants, parking lots, walkways, parkways, driveways, landscaping fences, signs and utility systems serving the Premises (including the main sewer line) and all parts thereof. Landlord shall not be obligated to paint the interior of the Building, including, but not limited to, the interior surfaces of exterior walls, not shall Landlord be obligated to maintain, repair or replace windows, doors or glass of the Premises. Tenant accepts the Premises in its current 'as is' condition, provided, Landlord shall ensure that all building systems, power, roof, existing heating and air conditioning systems, windows and seals, mechanical systems, and electrical and plumbing systems and equipment are in good condition as of the date Landlord delivers the Building to Tenant. Xxxxxxxx makes no representation as to the suitability of the Premises for Xxxxxx's intended use. In addition, Landlord shall deliver the Building in a condition that complies with all codes and regulations, including, but not limited to, the Americans With Disabilities Act and Title 24 requirements. To the best of Landlord's actual knowledge, Landlord represents and warrants that there are no latent defects in the Building. If Xxxxxx notifies Landlord of a latent defect in the Building prior to two hundred and seventy (270) days after mutual execution and delivery of this Lease, Landlord shall correct and repair such defect at its sole cost and expense expense. If Tenant does not notify Landlord of a latent defect in the Building prior to such date, correction of any such defect shall be the obligation of the party otherwise responsible therefor pursuant to the terms of this Lease. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless Landlord fails within a reasonable time to perform such obligation required to be performed by Landlord. For purposes of this Section, a reasonable time shall in no event be less than thirty (30) days after receipt by Landlord of written notice; provided, however, if the nature of Landlord's obligation is such that more than thirty (30) days are reasonably required for its performance, then Landlord shall not be in breach if performance is commenced within such thirty (30) day period and thereafter diligently pursued to completion. Performance shall be deemed to have commenced if: (i) overhead lighting (including maintenance, repair and replacement) and its related electricity consumption, work has actually commenced or (ii) snow Landlord is in the process of obtaining bids from contractors or having plans and ice removal specifications prepared in connection with such repair work. If Landlord breaches its obligation to make any repairs or to perform any maintenance required to be performed by Landlord, or in the event of an emergency roof leak that is not repaired by Landlord within three (3) days after notice to Landlord, Tenant may repair the same itself where the cost of such repairs does not require an expenditure of more than Fifty Thousand Dollars ($50,000) and deduct the expenses of such repairs from the Parking Facilityrent when due. Landlord shall only be obligated to paint the exterior of the Building as reasonably needed, but in no event more than once every five (iii5) subject years. Landlord shall also be responsible for repairing the interior ceiling of the Building at its sole cost if materially damaged by roof leaks, unless such leaks result from: (i) the actions or willful misconduct of Tenant or its employees, agents, contractors or invitees or (ii) equipment, machinery or other improvements installed on the roof of the Building by or for Tenant. In no event shall Tenant be required to Tenant’s obligations in Section 6.2 belowmake any structural repairs to the Building or be responsible for any direct or indirect costs arising from or relating to the Roof Lease (including but not limited to repair, adequate pavement and striping (as maintenance or replacement of the roof) unless such repairs are necessary due to maintain the parking lot surface negligence, willful misconduct or other actions or use of the Premises in a condition consistent with the other Parking Facilities on the Land by Tenants or its employees, and (iv) sweepingagents, cleaning, and landscaping maintenance (meaning, collectively, the Premises and Common Areas on the Land) in good condition and contractors or invitees. Tenant shall be responsible for any increased or additional costs for replacement or repair consistent with the routine maintenance and repair which is standard for the Common Areas of the Shopping Center roof of the Building arising out of or due to Tenant's roof penetrations or roof equipment. Regarding the roof of the Building, during the initial Term, any decision as maintained to whether the roof needs to be replaced shall be made by LandlordLandlord in its sole and absolute discretion. During the Extended Term, Tenant shall notify Landlord shall commence if it feels that the roof of the Building needs to be replaced. If the parties cannot reach a mutual agreement within thirty (30) days after Xxxxxxxx's receipt of such notice from Tenant concerning the roof, the decision of whether the roof should be replaced shall be determined in the following manner: Landlord and thereafter diligently pursue Tenant shall each appoint one (1) arbitrator who shall by profession be a qualified licensed consultant specializing in roofs and roofing systems in Southern California who shall have been active in such business over the ten (10) year period ending on the date of Tenant's notice to completion such Landlord maintenance obligations Landlord. Each arbitrator shall be appointed within ten (10) days after being given notice the expiration of the maintenance need consistent with the standards for the Common Areas of the Shopping Center. Notwithstanding the foregoing, the thirty (30) day mutual agreement period provided above shall not apply in described hereinabove. If within thirty (30)days after the event that a delay in Landlord’s completing the required maintenance would materially and adversely affect Tenant’s ability to use the Parking Facility for the Use in which event Landlord shall commence the required maintenance as quickly as reasonably practical. Tenant agrees and acknowledges that Landlord’s obligations hereunder may be performed under contracts applicable to the Landarbitrators are appointed, the Premises or arbitrators are unable to all or agree upon whether the roof should be replaced, then the two(2) arbitrators so appointed shall, within fifteen (15) days after expiration of said thirty (30) day period, agree upon and appoint a larger portion third arbitrator who shall be qualified under the same criteria set forth hereinabove for qualification of the Shopping Center initial two (2) arbitrators and who shall render a decision, within fifteen (15) days following his or her appointment, regarding whether the Adjacent Shopping Center (as hereinafter defined)roof should be replaced. The manner in which decision of the Common Areas third arbitrator shall be maintained as described herein binding upon Landlord and Tenant. If the two (2) arbitrators fail to agree upon and appoint a third arbitrator, the matter shall be solely determined decided forthwith by Landlordthe American Arbitration Association pursuant to its Commercial Arbitration Rules. If any owner or tenant of any portion The cost of the Shopping Center maintains Common Areas located upon its parcel or premises (arbitration shall be paid equally by Landlord shall have the right, in its sole discretion, to allow any owner or tenant to so maintain Common Areas located upon its parcel or premises), Landlord shall not have any responsibility for the maintenance of that portion of the Common Areas and Tenant shall have no claims against Landlord arising out of any failure of such owner or tenant to so maintain its portion of the Common AreasTenant."
Appears in 1 contract
