Landlord’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation), Landlord shall keep the following in good order, condition and repair: the foundations, exterior walls and roof of the Property (including painting the exterior surface of the exterior walls of the Property not more often than once every five (5) years, if necessary) and all components of electrical, mechanical, plumbing, heating and air conditioning systems and facilities located in the Property which are concealed or used in common by tenants of the Project. However, Landlord shall not be obligated to maintain or repair windows, doors, plate glass or the interior surfaces of exterior walls. Landlord shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from Tenant of the need for such repairs. (b) Tenant shall pay or reimburse Landlord for all costs Landlord incurs under Paragraph 6.03(a) above as Common Area costs as provided for in Section 4.05 of the Lease. Tenant waives the benefit of any statute in effect now or in the future which might give Tenant the right to make repairs at Landlord's expense or to terminate this Lease due to Landlord's failure to keep the Property in good order, condition and repair.
Appears in 5 contracts
Samples: Real Estate Lease (Simple Technology Inc), Industrial Real Estate Lease (Industrial Rubber Innovations Inc), Lease Agreement (Intellisys Group Inc)
Landlord’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation), Landlord shall keep the following in good order, condition and repair: the foundations, exterior walls and roof of the Property (including painting the exterior surface of the exterior walls of the Property not more often than once every five (5) years, if necessary) and all components of electrical, mechanical, plumbing, heating and air conditioning systems and facilities located in the Property which are concealed or used in common by tenants of the Project. However, Landlord shall not be obligated to maintain or repair windows, doors, plate glass or the interior surfaces of exterior walls. Landlord shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from Tenant of the need for such repairs.
(b) Tenant shall pay or reimburse Landlord for all costs Landlord incurs under Paragraph paragraph 6.03(a) above as Common Area costs as provided for in Section 4.05 of the Lease. Tenant waives the benefit of any statute in effect now or in the future which might give Tenant the right to make repairs at Landlord's expense or to terminate this Lease due to Landlord's failure to keep the Property in good order, condition and repair.
Appears in 2 contracts
Samples: Lease Agreement (Fresh Juice Co Inc), Lease Agreement (Saratoga Beverage Group Inc)
Landlord’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation), Landlord shall keep the following maintain in good order---------------------- condition, condition order and repair: repair the foundationsCommon Areas, exterior walls the foundation and roof of the Property (including painting the exterior surface of the exterior walls of the Property not more often than once every five Building (5) yearsexcluding the interior of all walls and, if necessary) except as provided in Paragraph 6.3 below, the exterior and interior of all components windows, doors and plate glass), and the exterior roof of electricalthe Building, mechanical, plumbing, heating including structural supports and air conditioning excluding the roof membrane. The manner in which such systems and facilities located shall be maintained and the expenditures therefor shall be at the sole discretion of Landlord. Landlord shall exercise reasonable diligence in the Property which are concealed or used in common by tenants of the Projectperforming such repairs as soon as practicable. However, Landlord shall not be obligated have no obligation to maintain or repair windows, doors, plate glass or the interior surfaces of exterior walls. Landlord shall make repairs under this Section 6.03 within paragraph until a reasonable time after Landlord's receipt of written notice from Tenant of the need for such repairs.
(b) . Except as otherwise specifically provided herein, there shall be no abatement of rent or other sums payable by Tenant shall pay prior to or reimburse during any repairs by Tenant or Landlord. Landlord may enter into a preventive maintenance contract with a qualified service company satisfactory to Landlord providing for all costs Landlord incurs under Paragraph 6.03(a) above as Common Area costs as provided for in Section 4.05 periodic inspection of the Lease. Tenant waives roof of the benefit Building and for repair and maintenance of the roof membrane, including without limitation patching of any statute in effect now worn areas, replacement of all or in any portion of the future which might give Tenant roof membrane when necessary, caulking and repair of flashing provided the right to make repairs at Landlord's expense or to terminate this Lease due roof is not maintained to Landlord's failure to keep satisfaction. Tenant's Share of the Property in good order, condition and repaircost of these preventive maintenance contracts shall be borne by the Tenant.
Appears in 2 contracts
Samples: Sublease (Covad Communications Group Inc), Sublease (Covad Communications Group Inc)
Landlord’s Obligations. Except as otherwise provided in Section 9.3 below and without regard to responsibility for payment, Landlord shall repair and maintain, in reasonably good condition, the following: (a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation), Landlord shall keep the following in good order, condition and repair: the foundations, exterior walls and roof structural parts of the Property Building (including painting foundation, load-bearing and exterior walls, subflooring and roof); (b) the exterior surface of the exterior walls of the Property not more often than once every five (5) yearsCommon Area, if necessary) including all landscaped areas and all components of parking areas and facilities for the Building; (c) all electrical, mechanical, plumbing, heating sewage and air conditioning systems other utility lines and facilities located in equipment, including HVAC servicing the Property Building, which are concealed has been installed or used in common furnished by tenants of the ProjectLandlord; and (d) all exterior windows. However, Landlord shall not be obligated liable for any failure to maintain make any such repairs or repair windows, doors, plate glass or the interior surfaces of exterior walls. Landlord to perform any maintenance unless such failure shall make repairs under this Section 6.03 within a reasonable persist for an unreasonable time after receipt of proper written notice from Tenant of the need for such repairs or maintenance is given to Landlord by Tenant. There shall be no abatement of rent (unless Landlord receives rental loss insurance proceeds and then only to the extent such proceeds are received and retained by Landlord), and there shall be no liability of Landlord by reason of any injury to or interference with Tenant's business (excluding personal injury or property damage) arising from the making of any repairs.
(b) Tenant shall pay , alterations or reimburse Landlord for all costs Landlord incurs under Paragraph 6.03(a) above as Common Area costs as provided for improvements in Section 4.05 or to any portion of the LeaseBuilding or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the benefit of any statute in effect now or in the future which might give Tenant the right to make repairs at Landlord's expense under any law, statute or to terminate this Lease due to Landlord's failure to keep the Property ordinance now or hereafter in good order, condition and repaireffect.
Appears in 2 contracts
Samples: Office Lease (Abovenet Communications Inc), Office Lease (Abovenet Communications Inc)
Landlord’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation), Landlord shall keep the following in good order, condition and repair: the foundations, exterior walls and roof of the Property (including painting the exterior surface of the exterior walls of the Property not more often than once every five (5) years, if necessary) and all components of electrical, mechanical, plumbing, heating and air conditioning systems and facilities located in the Property which are concealed or used in common by tenants of the Project. However, Landlord shall not be obligated to maintain or repair windows, doors, plate glass or the interior surfaces of exterior walls. Landlord shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from Tenant of the need for such repairs.
(b) Tenant shall pay or reimburse Landlord for all costs Landlord incurs under Paragraph 6.03(a6.03
(a) above except for the foundations, exterior walls (including paint), and roof as Common Area costs as provided for in Section 4.05 of the Lease. Tenant waives the benefit of any statute in effect now or in the future which might give Tenant the right to make repairs at Landlord's ’s expense or to terminate this Lease due to Landlord's ’s failure to keep the Property in good order, condition and repair.
Appears in 2 contracts
Samples: Industrial Lease Agreement, Industrial Real Estate Lease (Daystar Technologies Inc)
Landlord’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation), Landlord shall keep the following in good order, condition and repair: the foundations, exterior walls and roof of the Property (including painting the exterior surface of the exterior walls of the Property not more often than once every five (5) years, if necessary) and all components of electrical, mechanical, plumbing, heating and air conditioning systems and facilities located in the Property which are concealed or used in common by tenants of the Project. However, Landlord shall not be obligated to maintain or repair windows, doors, plate glass or the interior surfaces of exterior walls. Landlord shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from Tenant of the need for such repairs.
(b) Tenant shall pay or reimburse Landlord for all costs Landlord incurs under Paragraph 6.03(a) above as Common Area costs as provided for in Section 4.05 of the Lease. Tenant waives the benefit of any statute in effect now or in the future which might give Tenant the right to make repairs at Landlord's ’s expense or to terminate this Lease due to Landlord's ’s failure to keep the Property in good order, condition and repair.
Appears in 1 contract
Samples: Industrial Real Estate Lease (Wrap Technologies, Inc.)
Landlord’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation), . Landlord shall keep the following in good order, condition and repair: the foundations, exterior walls and roof of the Property (including painting the exterior surface of the exterior walls of the Property not more often than once every five (5) years, if necessary) and all components of electrical, mechanical, plumbing, heating and air conditioning systems and facilities located in the Property which are concealed or used in common by tenants of the Project. However, Landlord shall not be obligated to maintain or repair windows, doors, plate glass or the interior surfaces of exterior walls. Landlord shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from Tenant of the need for such repairs.
(b) Tenant shall pay or to reimburse Landlord for all costs Landlord incurs under Paragraph 6.03(a) above as Common Area costs as provided for in Section 4.05 of the Lease. Tenant waives the benefit of any statute in effect now or in the future which might give Tenant the right to make repairs at Landlord's expense or to terminate this Lease due to Landlord's failure to keep the Property in good order, condition and repair.
Appears in 1 contract
Samples: Industrial Real Estate Lease (Anchor Pacific Underwriters Inc)
Landlord’s Obligations. Landlord will maintain in good repair, reasonable wear and use (except casualty and condemnation which shall be governed by Article 10 and Article 11, respectively), (a) Except as provided in Article Seven (Damage or Destruction) all structural components of the Premises, the Building and Article Eight (Condemnation)Common Areas, Landlord shall keep including, without limitation, the following in good orderroof, condition and repair: the foundationsstructure, foundation, exterior and load‑bearing walls and roof of the Property (including painting the structural floor slabs, exterior surface of the exterior walls of the Property not more often than once every five (5) yearslighting, if necessary) paved areas and all components of electrical, mechanical, plumbing, heating and air conditioning systems and facilities located in the Property which are concealed or used in common by tenants of the Project. However, Landlord shall not be obligated to maintain or repair windows, doors, plate glass or the interior surfaces of exterior walls. Landlord shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from Tenant of the need for such repairs.
landscaping; (b) the Building Systems serving the Building and the Premises (excluding any Tenant installations, fixtures and supplemental HVAC units that are dedicated to Tenant’s exclusive use); and (c) the elevators serving the Building. The cost of this maintenance and repair shall pay be included in Operating Expenses and shall be subject to reimbursement under Article 5 hereof to the extent provided therein. Maintenance and repair expenses caused by the willful misconduct or reimburse negligent acts or omissions of Tenant or any Tenant Parties shall be paid directly to Landlord for by Tenant in accordance with Section 4.4, and shall not constitute an Operating Expense. Landlord represents and warrants that, to Landlord’s knowledge, the roof and all costs Landlord incurs under Paragraph 6.03(a) above as Common Area costs as provided for in Section 4.05 structural elements of the Lease. Tenant waives Premises and the benefit of any statute in effect now or in the future which might give Tenant the right to make repairs at Landlord's expense or to terminate this Lease due to Landlord's failure to keep the Property Building are in good order, condition and repair.repair as of the Effective Date, and all Building systems serving the Premises shall be in good working order as of the Commencement Date. EAST\126610515.10
Appears in 1 contract
Samples: Lease (Everbridge, Inc.)
Landlord’s Obligations. (a) Except as provided in Landlord shall maintain the air conditioning units and/or evaporative coolers that serve the Premises. Subject to the provisions of Article Seven (12, "Damage or Destruction) ", and Article Eight (Condemnation)except for damage caused by any negligent or intentional act or omission of Tenant, Tenant's agents, employees or invitees, Landlord shall keep in good order, condition and repair the following foundations, exterior walls and the exterior roof of the Premises. Landlord shall have no obligation to make repairs under this Section until a reasonable time after Landlord receives a written notice of the need for such repairs. Tenant expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Tenant the right to make repairs or to terminate this Lease because of Landlord's failure to keep the Premises in good order, condition and repair: the foundations. Except as provided in Section 12.5, exterior walls "Abatement of Rent; Tenant's Remedies", there shall be no abatement of Rent and roof no liability of the Property (including painting the exterior surface Landlord by reason of the exterior walls any injury or interference with Tenant's business arising from making of the Property not more often than once every five (5) yearsrepairs, if necessary) and all components of electrical, mechanical, plumbing, heating and air conditioning systems and facilities located in the Property which are concealed alterations or used in common by tenants of improvements to the Project. However, Landlord shall not be obligated to maintain or repair windows, doors, plate glass or the interior surfaces of exterior walls. Landlord shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from Tenant of the need for such repairs.
(b) Tenant shall pay or reimburse Landlord for all costs Landlord incurs under Paragraph 6.03(a) above as Common Area costs the repairs and maintenance set forth in this Section 11.1 as provided for in Section 4.05 of the Lease. Tenant waives the benefit of any statute in effect now or in the future which might give Tenant the right to make repairs at Landlord's expense or to terminate this Lease due to Landlord's failure to keep the Property in good orderArticle 7, condition "Operating Costs, Utility Costs and repairReal Estate Taxes".
Appears in 1 contract
Samples: Lease Agreement (Cdex Inc)
Landlord’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation), Landlord shall keep the following in good order, condition and repair: the foundationsfoundations(5), exterior walls and roof of the Property (including painting the exterior surface of the exterior walls of the Property not more often than once every five (5) years, if necessary) and all components of electrical, mechanical, plumbing, heating and air conditioning systems and facilities located in the Property which are concealed or used in common by tenants of the Project. However, Landlord shall not be obligated to maintain or repair windows, doors, plate glass or the interior surfaces of exterior walls. Landlord shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from Tenant of the need for such repairs.
(b) Tenant shall pay or reimburse Landlord for all costs Landlord incurs under Paragraph 6.03(a) above as Common Area costs as provided for in Section 4.05 of the Lease. Tenant waives the benefit of any statute in effect now or in the future which might give Tenant the right to make repairs at Landlord's expense or to terminate this Lease due to Landlord's failure to keep the Property in good order, condition and repair.
Appears in 1 contract
Landlord’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation), Landlord shall keep the following in good order, condition and repair: the foundations, pre-existing underground utilities, exterior walls and roof of the Property Premises (including excluding painting the exterior surface of the exterior walls of the Property not more often than once every five (5) yearsPremises which shall be an obligation of Tenant, if necessary) and all components of electrical, mechanical, plumbing, heating and air conditioning systems and facilities located necessary in the Property which are concealed or used in common by tenants of the ProjectLandlord's discretion). However, Landlord shall not be obligated to maintain or repair windows, doors, plate glass or the interior surfaces of exterior walls. Landlord shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from Tenant of the need for such repairs. In no event shall the Landlord be obligated to maintain the heating or air conditioning systems, or any other HVAC/ventilation facilities located in the Premises, all of which shall be the responsibility of Tenant.
(b) Tenant shall pay or reimburse Landlord for all costs Landlord incurs under Paragraph 6.03(a) above as Common Area costs as provided for in Section 4.05 of the Lease. Tenant waives the benefit of any statute in effect now or in the future which might give Tenant the right to make repairs at Landlord's expense or to terminate this Lease due to Landlord's failure to keep the Property Premises in good order, condition and repair.
Appears in 1 contract
Samples: Industrial Real Estate Lease (Planet 13 Holdings Inc.)
Landlord’s Obligations. (a) Except as provided in Section 6.04, Article Seven (Damage or Destruction) and Article Eight (Condemnation), Landlord shall keep the following in good order, condition and repair: the foundations, exterior walls and roof of the Property (including painting the exterior surface of the exterior walls of the Property not more often than once every five (5) years, if necessary) and all components of electrical, mechanical, plumbing, heating and air conditioning systems and facilities located in the Property which are concealed or used in common by tenants of the Project. However, Landlord shall not be obligated to maintain or repair windows, doors, plate glass or the interior surfaces of exterior walls. , Landlord shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from Tenant of the need for such repairs.
(b) Tenant shall pay or reimburse Landlord for all costs Landlord incurs under Paragraph 6.03(a) above as Common Area costs as provided for in Section 4.05 of the Lease. Tenant waives the benefit of any statute in effect now or in the future which might give Tenant the right to make repairs at Landlord's expense or to terminate this Lease due to Landlord's failure to keep the Property in good order, condition and repair.. Initials: _______________ _______________
Appears in 1 contract
Landlord’s Obligations. Subject to the provisions of Paragraph 6 (a) Except as provided in Article Seven Use), Paragraph 7.1 (Tenant’s Obligations), Paragraph 9 (Damage or Destruction) ), and Article Eight Paragraph 14 (Condemnation), Landlord Landlord, at its expense and not subject to the reimbursement requirements of Paragraph 4.2, shall keep the following in good order, condition condition, and repair: repair the foundationsroof structure, exterior walls foundations and roof of the Property (including painting the exterior surface of the exterior walls of the Property not more often than once every five (5) yearsBuilding and utility systems within the Industrial Center, if necessary) except to the extent that any repair was caused by the negligent or intentional acts or omissions of Tenant or its agents and all components of electricalLandlord is unable to collect on any insurance coverage which would reimburse Landlord for such repair; provided, mechanical, plumbing, heating and air conditioning systems and facilities located in the Property which are concealed or used in common by tenants of the Project. Howeverthat, Landlord shall not be obligated responsible for such repair if Landlord’s inability to collect on such insurance coverage is caused by Landlord’s failure to maintain or repair windowsthe insurance required hereunder. Landlord, doorssubject to reimbursement pursuant to Paragraph 4.2, plate glass or the interior surfaces of exterior walls. Landlord shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from Tenant of the need for such repairs.
(b) Tenant shall pay or reimburse Landlord for all costs Landlord incurs under Paragraph 6.03(a) above as Common Area costs as provided for in Section 4.05 of the Lease. Tenant waives the benefit of any statute in effect now or in the future which might give Tenant the right to make repairs at Landlord's expense or to terminate this Lease due to Landlord's failure to keep the Property in good order, condition condition, and repairrepair the Building roof membrane and Common Areas. Notwithstanding anything to the contrary herein, all capital improvements, repairs and replacements to the Building or the Common Areas shall be performed by Landlord and amortized in the manner set forth in Paragraph 4.2(a)(vii) of this Lease.
Appears in 1 contract
Landlord’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation), Landlord shall keep the following in good order, condition and repair: the foundations, exterior walls and roof of the Property (including painting the exterior surface of the exterior walls of the Property not more often than once every five (5) years, if necessary) and all components of electrical, mechanical, plumbing, heating and air conditioning systems and facilities located in the Property which are concealed or used in common by tenants of the Project. However, Landlord shall not be obligated to maintain or repair windows, doors, plate glass or the interior surfaces of exterior walls. Landlord shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from Tenant of the need for such repairs.
(b) Tenant shall pay or reimburse Landlord for all costs Landlord incurs under Paragraph 6.03(a6.03
(a) above except for the foundations, exterior walls (including paint), and roof as Common Area costs as provided for in Section 4.05 of the Lease. Tenant waives the benefit of any statute in effect now or in the future which might give Tenant the right to make repairs at Landlord's expense or to terminate this Lease due to Landlord's failure to keep the Property in good order, condition and repair.
Appears in 1 contract
Samples: Office Lease (Open Energy Corp)
Landlord’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation), Landlord shall keep the following in good order, condition and repair: ; the foundations, exterior walls and roof of the Property (including painting the exterior surface of the exterior walls of the Property not more often than once every five (5) years, if necessary) and all components of electrical, mechanical, plumbing, heating and air conditioning systems and facilities located in on the Property which are concealed or used in common by tenants of the Project. However, Landlord shall not be obligated to maintain or repair windows, doors, plate glass or the interior surfaces of exterior walls. Landlord shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from Tenant of the need for such repairs.
(b) Tenant shall pay or reimburse Landlord for all costs Landlord incurs under Paragraph 6.03(a6.03 (a) above as Common Area costs as provided for in Section 4.05 of the Lease. Tenant waives the benefit of any statute in effect now or in the future which might give Tenant the right to make repairs at Landlord's ’s expense or to terminate this Lease due to Landlord's ’s failure to keep the Property in good order, condition and repair.
Appears in 1 contract
Samples: Industrial Real Estate Lease (Liquidity Services Inc)
Landlord’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation), Landlord shall keep the following in good order, condition and repair: the foundations, exterior walls and roof of the Property (including painting the exterior surface of the exterior walls of the Property not more often than once every five (5) years, if necessary) , and all components of electrical, mechanical, plumbing, heating and air conditioning systems and facilities located in the Property which are concealed or used in common by tenants of the Project. However, Landlord shall not be obligated to maintain or repair windows, doors, plate glass or the interior surfaces of exterior walls. Landlord shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from Tenant of the need for such repairs.
(b) Tenant shall pay or reimburse Landlord for all costs Landlord incurs under Paragraph 6.03(a) above as Common Area costs as provided for in Section 4.05 of the Lease. Tenant waives the benefit of any statute in effect now or in the future which might give Tenant the right to make repairs at Landlord's expense or to terminate this Lease due to Landlord's failure to keep the Property in good order, condition and repair.
Appears in 1 contract
Samples: Lease Agreement (Pc Mall Inc)
Landlord’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation), Landlord shall keep the following in good order, condition and repair: ; the foundations, exterior walls and roof of the Property (including painting the exterior surface of the exterior walls of the Property not more often than once every five (5) years, if necessary) and all components of electrical, mechanical, plumbing, heating and air conditioning systems and facilities located in the Property which are concealed or used in common by tenants of the Project. However, Landlord shall not be obligated to maintain or repair windows, doors, plate glass or the interior surfaces of exterior walls. Landlord shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from Tenant of the need for such repairs.
(b) Tenant shall pay or reimburse Landlord for all costs Landlord incurs under Paragraph 6.03(a6.03
(a) above as Common Area costs as provided for in Section 4.05 of the Lease. Tenant waives the benefit of any statute in effect now or in the future which might give Tenant the right to make repairs at Landlord's expense or to terminate this Lease due to Landlord's failure to keep the Property in good order, condition and repair.
Appears in 1 contract
Samples: Industrial Real Estate Lease (Arterial Vascular Engineering Inc)
Landlord’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation), Landlord shall keep the following in good order, condition and repair: the foundations, exterior walls and roof of the Property (including painting the exterior surface of the exterior walls of the Property Initials _____________________ _____________________ property not more often than once every five (5) 5 years, if necessary) and all components of electrical, mechanical, plumbing, heating heating, and air conditioning systems and facilities located in the Property which are concealed or used in common by tenants of the Project. However, Landlord shall not be obligated to maintain or repair windows, doors, plate glass or the interior surfaces of exterior walls. Landlord shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from Tenant of the need for such repairs.
(b) Tenant shall pay or reimburse Landlord for all costs Landlord incurs under Paragraph 6.03(a6.03 (a) above includable as Common Area costs as provided for in Section 4.05 of the Lease. Tenant waives the benefit of any statute in effect now or in the future which might give Tenant the right to make repairs at Landlord's expense or to terminate this Lease due to Landlordlandlord's failure to keep the Property in good order, condition condition, and repair.
Appears in 1 contract
Samples: Industrial Real Estate Lease (LML Payment Systems Inc)
Landlord’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation), Landlord shall keep the following in good order, condition and repair: the foundations, exterior walls and roof of the Property (including painting the exterior surface of the exterior walls of the Property not more often than once every five (5) years, if necessary) and all components of electrical, mechanical, plumbing, heating and air conditioning systems and facilities located in the Property which are concealed or used in common by tenants of the Project. However, Landlord shall not be obligated to maintain or repair windows, doors, plate glass or the interior surfaces of exterior walls. Landlord shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from Tenant of the need for such repairs. Landlord shall use its best efforts to keep the Project and the Property in compliance with all applicable laws, ordinances, codes and governmental regulations and orders.
(b) Tenant shall pay or reimburse Landlord for all costs Landlord incurs under Paragraph 6.03(a) above as Common Area costs as provided for in Section 4.05 of the Lease. Tenant waives the benefit of any statute in effect now or in the future which might give Tenant the right to make repairs at Landlord's expense or to terminate this Lease due to Landlord's failure to keep the Property in good order, condition and repair.
Appears in 1 contract
Landlord’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation), Landlord shall keep the following in good order, condition and repair: the foundations, exterior walls and roof of the Property (including painting the exterior surface of the exterior walls of the Property not more often than once every five (5) years, if necessary) and all components of electrical, mechanical, plumbing, heating and air conditioning systems and facilities located in the Property which are concealed or used in common by tenants of the Project. However, Landlord shall not be obligated to maintain or repair windows, doors, plate glass or the interior surfaces of exterior walls. Landlord shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from Tenant of the need for such repairs.
(b) Tenant shall pay or reimburse Landlord for all those costs Landlord incurs under Paragraph 6.03(a6.03
(a) above that pertain to non-structure as Common Area common area costs as provided for in Section 4.05 of the Lease. Tenant waives the benefit of any statute in effect now or in the future which might give Tenant the right to make repairs at Landlord's expense or to terminate this Lease due to Landlord's failure to keep the Property in good order, condition and repair.
Appears in 1 contract
Samples: Industrial Real Estate Lease (Natural Alternatives International Inc)
Landlord’s Obligations. Subject to the provisions of subparagraph (b) and paragraphs 23 and 24 below, and except for damage caused by any negligent or intentional act or omission of Tenant or any of Tenant's employees, suppliers, shippers, customers, or invitees, which is not covered by Landlord's insurance, in which event Tenant shall repair the damage, Landlord, at Landlord's expense, subject to reimbursement pursuant to paragraph 4 above, shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs, and utility installations of the Common Areas, and shall provide the services for which Operating Expenses are payable pursuant to paragraph 3. Except for obligations specifically undertaken by Landlord in this subparagraph (a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation), Landlord shall keep have no obligation, in any manner whatsoever, to repair or maintain the following in good order, condition and repair: the foundations, exterior walls and roof of the Property (including painting the exterior surface of the exterior walls of the Property not more often than once every five (5) years, if necessary) and all components of electrical, mechanical, plumbing, heating and air conditioning systems and facilities located in the Property which are concealed or used in common by tenants of the Project. However, Landlord shall not be obligated to maintain or repair windows, doors, plate glass or the interior surfaces of exterior wallsPremises. Landlord shall have no obligation to make repairs under this Section 6.03 within subparagraph (a) until a reasonable time after receipt of written notice from Tenant of the need for such repairs.
(b) Tenant . In no event shall pay Landlord be liable for damages or reimburse Landlord for all costs Landlord incurs under Paragraph 6.03(a) above as Common Area costs as provided for in Section 4.05 of the Lease. Tenant waives the benefit loss of any statute in effect now kind or in the future which might give Tenant the right to make repairs at Landlord's expense or to terminate this Lease due to nature by reason of Landlord's failure to keep furnish any Common Area services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the Property in good order, condition and repairreasonable control of Landlord.
Appears in 1 contract
Samples: Standard Industrial Lease (Arris Pharmaceutical Corp/De/)
Landlord’s Obligations. (a) Except as provided in Subject to the provisions of Article Seven (Damage or Destruction) and Article Eight (Condemnation), and except for damage caused by any act or omission of Tenant, or Tenant's employees, agents, contractors or invitees, Landlord shall keep the following foundation, roof and structural portions of exterior walls of the improvements on the Project (including Building One and the Premises) in good order, condition and repair: the foundations, exterior walls and roof . If any portion of the Property (including painting Project or any system or equipment in the exterior surface Project which Landlord is obligated to repair cannot be fully repaired or restored, Landlord shall promptly replace such portion of the exterior walls Project or system or equipment in the Project; provided, however, that in no event shall Landlord be required to maintain or replace any of the Property not more often than once every five (5) yearsheating, if necessary) and all components of electrical, mechanical, plumbing, heating and ventilation or air conditioning systems and facilities located in equipment serving the Property which are concealed or used in common by tenants warehouse portions of the ProjectPremises. However, Landlord shall not be obligated to maintain or repair windows, doors, plate glass or the interior surfaces of exterior walls, unless such maintenance or repair is necessitated by Landlord's failure to satisfy its obligations described in this Section 6.03. Landlord shall not be obligated to make any repairs under this Section 6.03 within until a reasonable time after receipt of a written notice from Tenant of the need for such repairs, provided however that Landlord shall make such repairs immediately after receiving notice from Tenant that Tenant's goods or products stored on the Premises are at risk of damage or peril.
(b) Tenant shall pay or reimburse Landlord for all costs Landlord incurs under Paragraph 6.03(a) above as Common Area costs as provided for in Section 4.05 of the Lease. Tenant waives the benefit of any statute in effect now or in the future which might give Tenant the right to make repairs at Landlord's expense or to terminate this Lease due to Landlord's failure to keep the Property in good order, condition and repair.
Appears in 1 contract
Landlord’s Obligations. (a) Except as provided in In Article Seven (Damage or Destruction) and Article Eight (Condemnation), Landlord shall keep the following in good order, condition and repair: repalrt the foundations, exterior walls wails and roof of the Property (including painting the exterior surface of the exterior walls wails of the Property not more often than once every five (5) years, if necessary) and all components componerts of electricaleiectrical, mechanical, plumbing, heating and air conditioning systems and facilities located in In the Property which are ar~ concealed or used in common by tenants of the Project. However, Landlord shall not be obligated to maintain or repair windows, doors, plate glass or the interior surfaces of exterior walls. Landlord shall make repairs under this Section SectIon 6.03 within a reasonable time after receipt of written notice from Tenant of the need for such repairs.
(b) Tenant shall pay or reimburse Landlord for far all costs Landlord incurs under Paragraph 6.03(a) above as Common Area costs as provided for in Section 4.05 of the Lease. , Tenant waives the benefit of any statute in effect now or in the future which might give Tenant the right to make repairs at Landlord's expense or to terminate this Lease due to Landlord's failure to keep Keep the Property Properly in good order, condition and repair.
Appears in 1 contract
Landlord’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation), Landlord shall keep the following in good order, condition and repair: the foundations, exterior walls and roof of the Property (including painting the exterior surface of the exterior walls of the Property not more often than once every five (5) years, if necessary) and all components of electrical, mechanical, plumbing, heating and air conditioning systems and facilities located in the Property which are concealed or used in common by tenants of the Project. However, Landlord shall not be obligated to maintain or repair windows, doors, plate glass or the interior surfaces of exterior walls. Landlord shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from Tenant of the need for such repairs.
(b) Tenant shall pay or reimburse Landlord for all costs Landlord incurs under Paragraph 6.03(a) above as Common Area costs as provided for in Section 4.05 of the Lease. Tenant waives the benefit of any statute in effect now or in the future which might give Tenant the right to make repairs at Landlord's ’s expense or to terminate this Lease due to Landlord's ’s failure to keep the Property in good order, condition and repair.
Appears in 1 contract
Samples: Industrial Real Estate Lease (Avalanche International, Corp.)
Landlord’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation), Landlord shall keep the following in good order, condition and repair: the foundations, exterior walls and roof of the Property (including painting the exterior surface of the exterior walls of the Property not more often than once every five (5) years, if necessary) , and all components of electrical, mechanical, plumbing, heating and air conditioning systems and facilities located in the Property which are concealed or used in common by tenants of the Project. However, Landlord shall not be obligated to maintain or repair windows, doors, plate glass or the interior surfaces of exterior walls. Landlord shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from Tenant of the need for such repairs.
(b) Tenant shall pay or reimburse Landlord for all costs Landlord incurs under Paragraph 6.03(a) above as Common Area costs as provided for in Section 4.05 of the Lease. Tenant waives the benefit of any statute in effect now or in the future which might give Tenant the right to make repairs at Landlord's ’s expense or to terminate this Lease due to Landlord's ’s failure to keep the Property in good order, condition and repair.
Appears in 1 contract
Samples: Lease Agreement (Pc Mall Inc)
Landlord’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation), Landlord shall keep the following in good order, condition and repair: the foundations, exterior walls and roof of the Property (including painting the exterior surface of the exterior walls of the Property not more often than once every five (5) years, (if necessary) and all components of electrical, mechanical, plumbing, heating and air conditioning systems and facilities located in the Property which are concealed or used in common by tenants of the Project. However, Landlord shall not be obligated to maintain or repair windows, doors, plate glass or the interior surfaces of exterior walls. Landlord shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from Tenant of the need for such repairs.
(b) Tenant shall pay or reimburse Landlord for all costs Landlord incurs under Paragraph 6.03(a) above as Common Area costs as provided for in Section 4.05 of the Lease. Tenant waives the benefit of any statute in effect now or in the future which might give Tenant the right to make repairs at Landlord's expense or to terminate this Lease due to Landlord's failure to keep the Property in good order, condition and repair.
Appears in 1 contract
Samples: Industrial Real Estate Lease (One Source Technologies Inc)
Landlord’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation), Landlord shall keep the following in good order, condition and repair: ; the foundations, exterior walls and roof of the Property (including painting the exterior surface of the exterior walls of the Property not more often than once every five (5) years, if necessary) and all components of electrical, mechanical, plumbing, heating and air conditioning systems and facilities located in the Property which are concealed or used in common by tenants of the Project. However, . Landlord shall not be obligated to maintain or repair windows, doors, plate glass or the interior surfaces of exterior walls. Landlord shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from Tenant of the need for such repairs.
(b) Tenant shall pay or reimburse Landlord for all costs Landlord incurs under Paragraph 6.03(a) above as Common Area costs as provided for in Section 4.05 of the Lease. Tenant waives the benefit of any statute in effect now or in the future which might give Tenant the right to make repairs at Landlord's expense or to terminate this Lease due to Landlord's failure to keep the Property in good order, condition and repair.
Appears in 1 contract
Landlord’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation), Landlord shall keep the following foundation, roof and structural portions of exterior walls of the improvements on the Building, and the HVAC, electrical, mechanical, plumbing, fire, and life safety systems serving the Building (collectively, the “Building Systems”), and the entrances, sidewalks, parking areas and other facilities from time to time comprising the Common Areas, in good order, condition and repair: repair (“Landlord’s Maintenance Obligations”). In addition, but subject nevertheless to any applicable waiver or subrogation, Landlord may charge to Tenant as Additional Rent the foundationscost of any repairs of damage to the roof, exterior foundation or structural portions or walls and roof caused by Tenant’s acts or omissions. The cost of the Property Landlord’s Maintenance Obligations (including painting the exterior surface of the exterior walls of the Property not more often than once every five (5excluding any costs for capital improvements) years, if necessary) and all components of electrical, mechanical, plumbing, heating and air conditioning systems and facilities located shall be included in the Property which are concealed or used in common by tenants of the ProjectLandlord Operating Expenses. However, Landlord shall not be obligated to maintain or repair windows, doors, plate glass or the interior surfaces of exterior wallswalls of the Premises. Landlord shall not be obligated to make any repairs under this Section 6.03 within 7.1 until a reasonable time after receipt of a written notice from Tenant of specifying the need for such repairsrepairs and thereafter Landlord shall commence such repairs within five (5) business days.
(b) Tenant shall pay or reimburse Landlord for all costs Landlord incurs under Paragraph 6.03(a) above as Common Area costs as provided for in Section 4.05 of the Lease. Tenant waives the benefit of any statute in effect now or in the future which might give Tenant the right to make repairs at Landlord's expense or to terminate this Lease due to Landlord's failure to keep the Property in good order, condition and repair.
Appears in 1 contract
Samples: Lease Agreement (Website Pros Inc)
Landlord’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation), Landlord shall keep the following in good order, condition and repair: the foundations, exterior walls and roof of the Property (including painting the exterior surface of the exterior walls of the Property not more often than once every five (5) years, if necessary) and all components of electrical, mechanical, plumbing, heating and air conditioning systems and facilities located in the Property which are concealed or used in common by tenants Landlords of the Project. However, Landlord shall not be obligated to maintain or repair windows, doors, plate glass or the interior surfaces of the exterior walls. Landlord shall make repairs under this Section 6.03 within a reasonable time after receipt of a written notice from Tenant of the need for such repairs.
(b) Tenant shall pay or reimburse Landlord for all costs Landlord incurs under Paragraph 6.03(a) above as Common Area costs as provided for in Section 4.05 of the Lease. Tenant waives the benefit of any statute in effect now or in the future which might give Tenant the right to make repairs at Landlord's expense or to terminate this Lease due to Landlord's failure to keep the Property in good order, condition and repair.
Appears in 1 contract
Landlord’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation), Landlord shall keep the following in good order, condition and repair: the foundations, exterior walls and roof of the Property (including painting the exterior surface of the exterior walls of the Property not more often than once every five (5) years, if necessary) and all components of electrical, mechanical, plumbing, heating and air conditioning systems and facilities located in the Property which are concealed or used in common by tenants of the Project. However, Landlord shall not be obligated to maintain or repair windows, doors, plate glass or the interior surfaces of the exterior walls. Landlord shall make repairs under this Section 6.03 within a reasonable time after receipt of a written notice from Tenant of the need for such repairs.
(b) Tenant shall pay or reimburse Landlord for all costs Landlord incurs under Paragraph 6.03(a) above as Common Area costs as provided for in Section 4.05 of the Lease. Tenant waives the benefit of any statute in effect now or in the future which might give Tenant the right to make repairs at Landlord's ’s expense or to terminate this Lease due to Landlord's ’s failure to keep the Property in good order, condition and repair.
Appears in 1 contract
Samples: Industrial Real Estate Lease (Clearone Communications Inc)
Landlord’s Obligations. (a) Except as provided in Article Seven (Damage or and Destruction) and Article Eight (Condemnation), Landlord shall keep the following maintain in good order, condition and repair: repair the foundations, exterior walls and roof of the Property Building (including painting the exterior surface of the exterior walls of the Property Building not more often frequently than once every five (5) years, years if necessary) and all components of electrical, mechanical, plumbing, heating and air conditioning systems and facilities located in the Property Building which are concealed or used in common by tenants of the ProjectBuilding. However, Landlord shall not be obligated to maintain or repair the windows, doors, plate glass or the interior surfaces of exterior wallswalls of the Premises, or any HVAC system or other system which serves only the Premises. Landlord shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from Tenant of the need for such repairs.
(b) . Tenant shall pay or reimburse Landlord for all reasonable costs Landlord incurs under Paragraph 6.03(a) above this Section 6.03 as Common Area costs as provided for in Section 4.05 of the Leaseabove. Tenant waives the benefit of any statute in effect now or in the future which might give Tenant the right to make repairs at Landlord's expense or to terminate this Lease due to Landlord's failure to keep the Property in good order, condition and repairexpense.
Appears in 1 contract
Samples: Real Estate Lease (Emulex Corp /De/)
Landlord’s Obligations. (a) Except as provided in Article Seven (Damage or Destruction) and Article Eight (Condemnation), . Landlord shall keep the following in good order, condition and repair: the foundations, exterior walls and roof of the Property (including painting the exterior surface of the exterior walls of the Property not more often than once every five (5) years, if necessary) and all components of electrical, mechanical, plumbing, heating and air conditioning systems and facilities located in the Property which are concealed or used in common by tenants of the Project. However, ,’ Landlord shall not be obligated to maintain or repair windows, doors, plate glass or the interior surfaces of exterior walls. Landlord shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from Tenant of the need for such repairs.
(b) Tenant shall pay or reimburse Landlord for all costs Landlord incurs under Paragraph 6.03(a) above as Common Area costs as provided for in Section 4.05 of the Lease. Tenant waives the benefit of any statute in effect now or in the future which might give Tenant the right to make repairs at Landlord's ’s expense or to terminate this Lease due to Landlord's ’s failure to keep the Property in good order, condition and repair.
Appears in 1 contract
Samples: Industrial Real Estate Lease (Chino Commercial Bancorp)