Lessor's Repair Obligations. Lessor shall, during the term of this Lease, at Lessor's expense, keep the common areas, landscaping, parking facilities and the roof, foundation, slab, floors, exterior walls and load bearing columns and all other structural, mechanical, electrical and plumbing portions of the Office Complex in first class condition and repair and in a neat, clean and healthful manner. All repairs, restorations and replacements shall be performed in good and workmanlike manner and in quality and class equal to the original work and shall comply with all requirements of the Lease. If Lessor fails to perform any of Lessor's obligations under this paragraph, and if such failure continues for thirty (30) days after written notice thereof is delivered to Lessor (provided, that, in the event of an emergency or situation where damage to person or property is at risk, no notice shall be required), Lessee may perform such obligation, in which event, Lessor shall pay to Lessee the reasonable cost incurred by Lessee in performing such obligation within thirty (30) days after demand therefor (with accompanying paid invoices), failing which Lessee shall be entitled to offset such sums against the Rent becoming due under this Lease, provided any offset shall not exceed twenty percent (20%) of monthly Base Rent until such offset has been fully made. In the event the expenditure cannot be fully recouped from the next monthly payment of Base Rent as a result of such limitation, Lessee shall be entitled to recover interest with respect to each subsequent monthly offset from the date of the expenditure to the date of offset at a per annum rate equal to the bank prime rate publicized in the WALL STREET JOURNAL, as the same may change from time to time.
Appears in 2 contracts
Samples: Office Lease (Exe Technologies Inc), Office Lease (Exe Technologies Inc)
Lessor's Repair Obligations. Lessor shall, during If fire or other casualty shall render the term whole or any material part of this Lease, at Lessor's expense, keep the common areas, landscaping, parking facilities Premises untenantable and the roof, foundation, slab, floors, exterior walls Premises cannot reasonably be expected to be made tenantable within two hundred forty (240) days from the date of such event and load bearing columns and all other structural, mechanical, electrical and plumbing portions neither party hereto terminates this Lease pursuant to its rights herein or in the event that more than fifty percent (50%) of the value of the Office Complex in first class condition and repair and in a neat, clean and healthful manner. All repairs, restorations and replacements shall be performed in good and workmanlike manner and in quality and class equal to the original work and shall comply with all requirements of the Lease. If Lessor fails to perform any of Lessor's obligations under this paragraphis damaged or destroyed by fire or other casualty, and if such failure continues for thirty (30) days after written notice thereof is delivered neither party terminates this Lease pursuant to Lessor (providedits option granted herein, that, or in the event that fifty percent (50%) or less of an emergency the value of the Office Complex is damaged or situation where damage destroyed by fire or other casualty and neither the whole nor any material portion of the Premises is rendered untenantable, then Lessor shall repair and restore the Premises and the Office Complex to person as near their condition prior to the fire or property other casualty as is at risk, no notice reasonably possible with all due diligence and speed (subject to delays for causes beyond Lessor's reasonable control) and shall be required), Lessee may perform such obligation, in which event, Lessor shall pay to Lessee the reasonable cost incurred by Lessee in performing such obligation completed within thirty two hundred forty (30240) days after demand therefor (with accompanying paid invoices), failing which Lessee shall be entitled to offset such sums against following the Rent becoming due under this Lease, provided any offset shall not exceed twenty percent (20%) of monthly Base Rent until such offset has been fully made. In the event the expenditure cannot be fully recouped from the next monthly payment of Base Rent as a result date of such limitationfire or other casualty (subject to force majeure) failing which, Lessee shall be entitled to recover interest with respect terminate this Lease in the event that such repairs are not completed within sixty (60) days after written notice from Lessee that Lessee desires to each subsequent monthly offset from terminate this Lease because such repairs have not been completed within such 240 day period. Rent for the date period during which the Premises are untenantable shall be abated pro rata (based upon the portion of the expenditure Premises which is untenantable). In no event shall Lessor be obligated to the date of offset repair or restore any special equipment or improvements installed by Lessee at a per annum rate equal to the bank prime rate publicized in the WALL STREET JOURNAL, as the same may change from time to timeLessee's expense.
Appears in 2 contracts
Samples: Office Lease (Exe Technologies Inc), Office Lease (Exe Technologies Inc)
Lessor's Repair Obligations. Lessor shall, during the term of this Lease, at Lessor's expense, keep the common areas, landscaping, parking facilities and the roof, foundation, slab, floors, exterior walls and load bearing columns and all other structural, mechanical, electrical and plumbing portions of the Office Complex in first class condition and repair and in a neat, clean and healthful manner. All repairs, restorations and replacements shall be performed in good and workmanlike manner and in quality and class equal to the original work and shall comply with all requirements of the Lease. If Lessor fails to perform any of Lessor's obligations under this paragraph, and if such failure continues for thirty (30) days after written notice thereof is delivered to Lessor (provided, that, in the event of an emergency or situation where damage to person or property is at risk, no notice shall be required), Lessee may perform such obligation, in which event, Lessor shall pay to Lessee the reasonable cost incurred by Lessee in performing such obligation within thirty (30) days after demand therefor (with accompanying paid invoices), failing failing,which Lessee shall be entitled to offset such sums against the Rent becoming due under this Lease, provided any offset shall not exceed twenty percent (20%) of monthly Base Rent until such offset has been fully made. In the event the expenditure cannot be fully recouped from the next monthly payment of Base Rent as a result of such limitation, Lessee shall be entitled to recover interest with respect to each subsequent monthly offset from the date of the expenditure to the date of offset at a per annum rate equal to the bank prime rate publicized in the WALL STREET JOURNAL, JOURNAL as the same may change from time to time.. ARTICLE 10
Appears in 1 contract
Samples: Office Lease (Exe Technologies Inc)
Lessor's Repair Obligations. Lessor shall, during If fire or other casualty shall render the term whole or any material part of this Lease, at Lessor's expense, keep the common areas, landscaping, parking facilities Premises untenantable and the roof, foundation, slab, floors, exterior walls Premises cannot reasonably be expected to be made tenantable within two hundred forty (240) days from the date of such event and load bearing columns and all other structural, mechanical, electrical and plumbing portions neither party hereto terminates this Lease pursuant to its rights herein or in the event that more than fifty percent (50%) of the value of the Office Complex in first class condition and repair and in a neat, clean and healthful manner. All repairs, restorations and replacements shall be performed in good and workmanlike manner and in quality and class equal to the original work and shall comply with all requirements of the Lease. If Lessor fails to perform any of Lessor's obligations under this paragraphis damaged or destroyed by fire or other casualty, and if such failure continues for thirty (30) days after written notice thereof is delivered neither party terminates this Lease pursuant to Lessor (providedits option granted herein, that, or in the event that fifty percent (50%) or less of an emergency the value of the Office Complex is damaged or situation where damage destroyed by fire or other casualty and neither the whole nor any material portion of the Premises is rendered untenantable, then Lessor, to person the extent of insurance proceeds available to Lessor, shall repair and restore the Premises and the Office Complex to as near their condition prior to the fire or property other casualty as is at risk, no notice reasonably possible with all due diligence and speed (subject to delays for causes beyond Lessor's reasonable control) and shall be required), Lessee may perform such obligation, in which event, Lessor shall pay to Lessee the reasonable cost incurred by Lessee in performing such obligation completed within thirty two hundred forty (30240) days after demand therefor (with accompanying paid invoices), failing which Lessee shall be entitled to offset such sums against following the Rent becoming due under this Lease, provided any offset shall not exceed twenty percent (20%) of monthly Base Rent until such offset has been fully made. In the event the expenditure cannot be fully recouped from the next monthly payment of Base Rent as a result date of such limitationfire or other casualty (subject to force majeure) failing which, Lessee shall be entitled to recover interest with respect terminate this Lease in the event that such repairs are not completed within sixty (60) days after written notice from Lessee that Lessee desires to each subsequent monthly offset from terminate this Lease because such repairs have not been completed within such 240 day period. Notwithstanding anything to the date contrary contained herein, in the event that no insurance proceeds are available, or insufficient insurance proceeds are available to repair and restore the Premises, Lessee shall be responsible for the costs to repair and restore the Premises to the extent not covered by insurance. Rent for the period during which the Premises are untenantable shall be abated pro rata (based upon the portion of the expenditure Premises which is untenantable). In no event shall Lessor be obligated to the date of offset repair or restore any special equipment or improvements installed by Lessee at a per annum rate equal to the bank prime rate publicized in the WALL STREET JOURNAL, as the same may change from time to timeLessee's expense.
Appears in 1 contract
Samples: Office Lease (Exe Technologies Inc)
Lessor's Repair Obligations. Lessor shall, during the term of this Lease, at Lessor's expense, keep the common areas, landscaping, parking facilities roof and the roof, foundation, slab, floors, exterior walls and load bearing columns and all other structural, mechanical, electrical and plumbing portions structural components of the Office Complex in first class condition and repair and in a neat, clean and healthful manner, excluding any damage to the roof or structural components, caused by Lessee, its agents, employees or invitees, which shall be repaired by Lessee, at its sole cost. All repairs, restorations and replacements shall be performed in good and workmanlike manner and in quality and class equal to the original work and shall comply with all requirements of the Lease. If Lessor fails to perform any of Lessor's obligations under this paragraph, and if such failure continues for thirty (30) days after written notice thereof is delivered to Lessor (provided, that, in the event of an emergency or situation where damage to person or property is at risk, no notice shall be required), Lessee may perform such obligation, in which event, Lessor shall pay to Lessee the reasonable cost incurred by Lessee in performing such obligation within thirty (30) days after demand therefor (with accompanying paid invoices), failing which Lessee shall be entitled to offset such sums against the Rent becoming due under this Lease, provided any offset shall not exceed twenty percent (20%) of monthly Base Rent until such offset has been fully made. In the event the expenditure cannot be fully recouped from the next monthly payment of Base Rent as a result of such limitation, Lessee shall be entitled to recover interest with respect to each subsequent monthly offset from the date of the expenditure to the date of offset at a per annum rate equal to the bank prime rate publicized in the WALL STREET JOURNALWall Street Journal, as the same may change from time to time.
Appears in 1 contract
Samples: Office Lease (Exe Technologies Inc)