Common use of LESSOR TO MAINTAIN Clause in Contracts

LESSOR TO MAINTAIN. a. Tenant hereby declares that Xxxxxx has inspected the Apartment or a similar apartment, the Building and all related areas and grounds and that Tenant is satisfied with the physical condition thereof. Xxxxxx agrees that no representations, warranties (expressed or implied) or covenants with respect to the condition, maintenance or improvements of the Apartment, Building, or other areas have been made to Tenant except those contained in this Lease. x. Xxxxxx agrees that Xxxxxx will perform work set forth below in this Lease within 90 days of Xxxxxx’s written and receipted request to Xxxxxx. x. Xxxxxx shall maintain the Apartment and the Building to the following minimum standards: 1. Effective weather protection, including unbroken windows and doors; 2. Plumbing facilities in working order; 3. A water supply which produces hot and cold running water, furnished to appropriate fixtures, and connected to a sewerage system; 4. Heating facilities in working order which, if under the control of Tenant, are capable of producing, or, if under the control of Lessor, produce heat in fixtures provided (and no other) within reasonable accepted tolerances and during reasonable hours. (In the case of heat, minimum tolerances shall be those accepted by the municipal code); 5. Gas and/or electrical appliances which are supplied by Lessor in good working order, and appropriate gas piping and electrical wiring system to the extent existing in the Building maintained in good working order and safe condition; 6. Adequate and appropriate receptacle(s) for garbage and rubbish, and, if under the control of Lessor, in clean condition and repair; 7. Floors, stairways, and railings and common areas in repair; and 8. Apartment floors, walls and ceilings in repair. d. It is, however, understood and agreed that buildings are physical structures subject to aging, wear, tear, abuse, inherent defects, and numerous forces causing disrepair of breakdown beyond Lessor’s reasonable control, and that components and skilled workmen are not always immediately available. It is further understood and agreed that, for the most part, Xxxxxx’s costs of operation are fixed and unavoidable and to permit rent abatement or damages to Tenant would create an intolerable burden on Lessor. It is, therefore, understood and agreed that Xxxxxx’s delay in performing agreements set forth in this Lease, interruptions in services provided by Lessor, breakdowns of equipment or disrepair caused by (1) conditions caused by Tenant, members of Tenant’s household, guests or other persons on the premises with Xxxxxx’s consent or other tenants; (2) Tenant’s unreasonable refusal of or other interference with entry of Lessor or Lessor’s workmen or contractors into the Apartment or Building for purposes of correcting defective conditions; (3) lack of reasonable opportunity for Lessor to correct defective conditions; (4) conditions beyond Lessor’s reasonable control, including strikes or lockouts; (5) Lessor’s not having actual knowledge of such defective conditions upon the duties of Lessor to maintain the Apartment or Building; or (6) Lessor’s having exercised due care but such defective condition(s) continue to persist, shall be an absolute defense in any action against Lessor for breach of covenant based upon the duties of Lessor to maintain the Apartment of Building. Lessor’s failure or inability to make repairs or provide services in any of the just described circumstances shall in no event form the basis of any claim or setoff for damages against Lessor nor a basis for an abatement of rent nor a cause for termination of the Lease. e. Nothing herein contained shall, in the event of fire, explosion or other casualty, impose upon Lessor any obligation to make repairs which are more extensive or different from those required by the provisions of Lease concerning Fire Casualty.

Appears in 2 contracts

Samples: Apartment Lease Agreement, Apartment Lease Agreement

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LESSOR TO MAINTAIN. a. Tenant X. Xxxxxx hereby declares that Xxxxxx has inspected the Apartment or a similar apartmentApartment, the Building and all related areas and grounds and that Tenant is satisfied with the physical condition thereof. Xxxxxx agrees that no representationsTENANT AGREES THAT NO PROMISES, warranties REPRESENTATIONS, WARRANTIES (expressed or impliedEXPRESS OR IMPLIED) or covenants with respect to the conditionOR COVENANTS WITH RESPECT TO THE CONDITION, maintenance or improvements of the ApartmentMAINTENANCE OR IMPROVEMENTS OF THE APARTMENT, BuildingBUILDING, or other areas have been made to Tenant except those contained in this LeaseOR OTHER AREAS HAVE BEEN MADE TO TENANT EXCEPT THOSE CONTAINED IN THIS LEASE, THE APPLICATION, OR OTHERWISE IN WRITING SIGNED BY XXXXXX. x. X. Xxxxxx agrees that Xxxxxx will perform work set forth below in this Lease within 90 a reasonable time not to exceed 60 days from the commencement of Xxxxxx’s written and receipted request to Xxxxxxthe Term unless otherwise agreed. x. X. Xxxxxx covenants that at all times during the Term hereof, the Lessor shall maintain the Apartment and the Building to the following minimum standards: (1. ) Effective weather protection, including unbroken windows and doors; (2. ) Plumbing facilities in good working order; (3. ) A water supply which either under the control of the Tenant is capable of producing hot and cold running water, or under the control of the Lessor produces hot and cold running water, furnished to appropriate fixtures, and connected to a sewerage system; (4. ) Heating (and, if furnished, air conditioning and ventilation) facilities in good working order which, if under the control of the Tenant, are capable of producingproducing heat, or, if under the control of the Lessor, produce heat (and, if furnished, air conditioning and ventilation) in fixtures provided (and no other) within reasonable accepted tolerances and during reasonable hours. (In the case of heat, minimum tolerances shall be those accepted established by the municipal code.); (5. ) Gas and/or electrical appliances which are supplied by Lessor in good working order, and appropriate gas piping and electrical wiring system to the extent existing in the Building maintained in good working order and safe condition; (6. ) Building, grounds and areas under the control of the Lessor in clean, sanitary and safe condition free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin; (7) Adequate and appropriate receptacle(s) for garbage and rubbish, and, if under the control of the Lessor, in clean condition and good repair; 7. (8) Floors, stairways, and railings and common areas in good repair; and; 8. (9) Apartment floors, walls and ceilings in repairgood repair and safe condition; and (10) Elevators (if existing) in good repair and safe condition. d. D. It is, however, understood and agreed that buildings are physical structures subject to aging, wear, tear, abuse, inherent defects, and numerous forces causing disrepair of or breakdown beyond Lessor’s reasonable control, and that components and skilled workmen are not always immediately available. It is further understood and agreed that, for the most part, Xxxxxx’s costs of operation are fixed and unavoidable and to permit rent abatement or damages to Tenant would create an intolerable burden on Lessor. It is, therefore, therefore understood and agreed that Xxxxxx’s delay in performing agreements set forth in this LeaseParagraph 6B, interruptions in services provided by Lessor, breakdowns of equipment or disrepair caused by (1) conditions caused by Tenant, members of Tenant’s household, guests or other persons on the premises with Xxxxxx’s consent consent, or other tenants; (2) Tenant’s unreasonable refusal of or other interference with entry of Lessor or LessorXxxxxx’s workmen or contractors into the Apartment or Building for purposes of correcting defective conditions; (3) lack of reasonable opportunity for to Lessor to correct defective conditions; (4) conditions beyond Lessor’s reasonable control, including strikes or lockouts; (5) Lessor’s not having actual knowledge of such defective conditions upon the duties of Lessor to maintain the Apartment or Building; or (6) Lessor’s having exercised due care but such defective condition(s) continue to persist, shall be an absolute defense in any action against Lessor for breach of covenant based upon the duties of Lessor to maintain the Apartment of Building. Lessor’s failure or inability to make repairs or provide services in any of the just described circumstances shall in no event form the basis of any claim or setoff for damages against Lessor nor a basis for an abatement of rent nor a cause for termination of the Lease. e. Nothing herein contained shall, in the event of fire, explosion or other casualty, impose upon Lessor any obligation to make repairs which are more extensive or different from those required by the provisions of Lease concerning Fire Casualty.Xxxxxxx Tax Credit/RAD Text

Appears in 1 contract

Samples: Apartment Lease

LESSOR TO MAINTAIN. a. A. Tenant hereby declares that Xxxxxx Tenant has inspected the Apartment or a similar apartment, the Building and all related areas and grounds and that Tenant is satisfied with the physical condition thereof. Xxxxxx Tenant agrees that no representations, warranties (expressed or implied) or covenants with respect to the condition, maintenance or improvements of the Apartment, Building, or other areas have been made to Tenant except those contained in this Lease. x. Xxxxxx agrees B. Although Lessor will make reasonable attempts to complete requests for maintenance on a more timely basis, Tenant and Lessor mutually agree that Xxxxxx will Lessor shall have 90 days from Tenant's written request to Lessor, to perform work set forth below in this Lease within 90 days of Xxxxxx’s written Lease. Furthermore, Tenant understands and receipted request agrees that Lessor will make no Rent offsets, abatements, or receive credits due to Xxxxxxany maintenance issues. x. X. Xxxxxx covenants that at all times during the Term hereof, Lessor shall maintain the Apartment and the Building to the following minimum standards: (1. ) Effective weather protection, including unbroken windows and doors; (2. ) Plumbing facilities in working order; (3. ) A water supply which produces hot and cold running water, furnished to appropriate fixtures, and connected to a sewerage system; (4. Heating ) tfeating facilities in working order which, if under the control of Tenant, are capable of producing, or, if under the control of Lessor, produce heat in fixtures provided (and no other) within reasonable accepted tolerances and during reasonable hours. (In the case of heat, minimum tolerances shall be those accepted specified by the municipal code); (5. ) Gas and/or electrical appliances which are supplied by Lessor shall be in good working order, and appropriate gas piping and electrical wiring system to the extent existing in the Building maintained in good working order and safe condition;. (6. ) Adequate and appropriate receptacle(s) for garbage and rubbish, and, if under the control of Lessor, in clean condition and repair; (7. ) Floors, stairways, and railings and common areas Common Areas in repair; and 8. (8) Apartment floors, walls and ceilings in repair. d. D. It is, however, however understood and agreed that buildings are physical structures subject to aging, wear, tear, abuse, inherent defects, and numerous forces causing disrepair of or breakdown beyond Lessor’s 's reasonable control, and that components and skilled workmen are not always immediately available. It is further understood and agreed that, for the most part, Xxxxxx’s Lessor's costs of operation are fixed and unavoidable and to permit rent abatement or damages to Tenant would create an intolerable burden on Lessor. It is, therefore, understood and agreed that Xxxxxx’s delay in performing agreements set forth in this Lease, interruptions in services provided by Lessor, breakdowns of equipment or disrepair caused by (1) conditions caused by Tenant, members of Tenant’s household, guests or other persons on the premises with Xxxxxx’s consent or other tenants; (2) Tenant’s unreasonable refusal of or other interference with entry of Lessor or Lessor’s workmen or contractors into the Apartment or Building for purposes of correcting defective conditions; (3) lack of reasonable opportunity for Lessor to correct defective conditions; (4) conditions beyond Lessor’s reasonable control, including strikes or lockouts; (5) Lessor’s not having actual knowledge of such defective conditions upon the duties of Lessor to maintain the Apartment or Building; or (6) Lessor’s having exercised due care but such defective condition(s) continue to persist, shall be an absolute defense in any action against Lessor for breach of covenant based upon the duties of Lessor to maintain the Apartment of Building. Lessor’s failure or inability to make repairs or provide services in any of the just described circumstances shall in no event form the basis of any claim or setoff for damages against Lessor nor a basis for an abatement of rent nor a cause for termination of the Lease.permit e. E. Nothing herein contained shall, in the event of fire, explosion or other casualty, impose upon Lessor any obligation to make repairs which are more extensive or different from those required by the provisions of this Lease concerning Fire and Casualty.

Appears in 1 contract

Samples: Lease Agreement

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LESSOR TO MAINTAIN. a. A. Tenant hereby declares that Xxxxxx Tenant has inspected the Apartment or a similar apartment, the Building and all related areas and grounds and that Tenant is satisfied with the physical condition thereof. Xxxxxx Tenant agrees that no representations, warranties (expressed or implied) or covenants with respect to the condition, maintenance or improvements of the Apartment, Building, or other areas have been made to Tenant except those contained in this Lease. x. Xxxxxx agrees B. Although Lessor will make reasonable attempts to complete requests for maintenance on a more timely basis, Tenant and Lessor mutually agree that Xxxxxx will Lessor shall have 90 days from Tenant's written request to Lessor, to perform work set forth below in this Lease within 90 days of Xxxxxx’s written Lease. Furthermore, Tenant understands and receipted request agrees that Lessor will make no Rent offsets, abatements, or receive credits due to Xxxxxxany maintenance issues. x. X. Xxxxxx covenants that at all times during the Term hereof, Lessor shall maintain the Apartment and the Building to the following minimum standards: (1. ) Effective weather protection, including unbroken windows and doors; (2. ) Plumbing facilities in working order; (3. ) A water supply which produces hot and cold running water, furnished to appropriate fixtures, and connected to a sewerage system; (4. ) Heating facilities in working order which, if under the control of Tenant, are capable of producing, or, if under the control of Lessor, produce heat in fixtures provided (and no other) within reasonable accepted tolerances and during reasonable hours. (In the case of heat, minimum tolerances shall be those accepted specified by the municipal code); (5. ) Gas and/or electrical appliances which are supplied by Lessor shall be in good working order, and appropriate gas piping and electrical wiring system to the extent existing in the Building maintained in good working order and safe condition;. (6. ) Adequate and appropriate receptacle(s) for garbage and rubbish, and, if under the control of Lessor, in clean condition and repair; (7. ) Floors, stairways, and railings and common areas Common Areas in repair; and 8. (8) Apartment floors, walls and ceilings in repair. d. D. It is, however, however understood and agreed that buildings are physical structures subject to aging, wear, tear, abuse, inherent defects, and numerous forces causing disrepair of or breakdown beyond Lessor’s 's reasonable control, and that components and skilled workmen are not always immediately available. It is further understood and agreed that, for the most part, Xxxxxx’s Lessor's costs of operation are fixed and unavoidable and to permit rent abatement or damages to Tenant would create an intolerable burden on Lessor. It is, therefore, understood and agreed that Xxxxxx’s delay in performing agreements set forth in this Lease, interruptions in services provided by Lessor, breakdowns of equipment or disrepair caused by (1) conditions caused by Tenant, members of Tenant’s household, guests or other persons on the premises with Xxxxxx’s consent or other tenants; (2) Tenant’s unreasonable refusal of or other interference with entry of Lessor or Lessor’s workmen or contractors into the Apartment or Building for purposes of correcting defective conditions; (3) lack of reasonable opportunity for Lessor to correct defective conditions; (4) conditions beyond Lessor’s reasonable control, including strikes or lockouts; (5) Lessor’s not having actual knowledge of such defective conditions upon the duties of Lessor to maintain the Apartment or Building; or (6) Lessor’s having exercised due care but such defective condition(s) continue to persist, shall be an absolute defense in any action against Lessor for breach of covenant based upon the duties of Lessor to maintain the Apartment of Building. Lessor’s failure or inability to make repairs or provide services in any of the just described circumstances shall in no event form the basis of any claim or setoff for damages against Lessor nor a basis for an abatement of rent nor a cause for termination of the Lease. e. Nothing herein contained shall, in the event of fire, explosion or other casualty, impose upon Lessor any obligation to make repairs which are more extensive or different from those required by the provisions of Lease concerning Fire Casualty.are

Appears in 1 contract

Samples: Lease Agreement

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