Common use of Maintenance and Alterations Clause in Contracts

Maintenance and Alterations. 5.1 The Owner acknowledges that the Rental Area is in a good, safe, and clean condition and repair. The Renter shall leave the Rental Area in substantially the same condition which existed immediately prior to the commencement of the Term. If the Renter fails or neglects to leave the Rental Area in substantially the same condition in which it existed immediately prior to the commencement of the Term, the Owner shall have the right, but shall not be obligated, to take such action as is reasonably necessary in the sole discretion of the Owner to perform the Renter’s obligations. The Renter agrees to reimburse the Owner forthwith without demand for the cost of any and all such action performed by the Owner, its servants, contractors or agents pursuant to this clause. 5.2 The Renter agrees that it shall not install any alterations or improvements (including, without restriction, any radio or television antennae, or any mechanical, cooking, electrical or other means of sound production or similar devices), nor install, display or affix any sign, lettering or advertising medium upon or in the Rental Area or elsewhere on the Facility, without the express written consent of the Owner. 5.3 Upon the expiration or earlier termination of this Agreement, the Renter shall remove all alterations, property or improvements of any kind whatsoever belonging to or installed by the Renter, whether expressly permitted by the Owner or not, from the Rental Area and restore the Rental Area to a clean condition equivalent to that which existed prior to the commencement of this Agreement. If the Renter fails or neglects to restore the Rental Area and remove property as required above the Owner shall have the right, but shall not be obligated, to take such action as is reasonably necessary in the sole discretion of the Owner to perform the Renter’s obligations. The Renter agrees that the Owner shall not be responsible for any alterations, property or improvements of the Renter thereby removed from the Rental Area, and further agrees to reimburse the Owner forthwith without demand for the cost of any and all such action performed by the Owner, its servants, contractors or agents pursuant to this clause.

Appears in 6 contracts

Samples: Facility Rental Agreement, Facility Rental Agreement, Facility Rental Agreement

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Maintenance and Alterations. 5.1 The Owner acknowledges that (a) Lessee at its expense at all times shall maintain, service and repair any damage to the Rental Area is Equipment so as to: (i) keep the Equipment in a goodgood and efficient working order, safe, and clean condition and repair. The Renter , ordinary wear and tear resulting from proper use excepted, and make all inspections and repairs, including replacement of worn parts (which replacement parts shall leave be free and clear of all liens and encumbrances and shall, upon incorporation into the Rental Area in substantially Item, become the same condition which existed immediately prior to the commencement property of the Term. If the Renter fails or neglects to leave the Rental Area in substantially the same condition in which it existed immediately prior to the commencement of the Term, the Owner shall have the right, but shall not be obligated, to take such action as is reasonably necessary in the sole discretion of the Owner to perform the Renter’s obligations. The Renter agrees to reimburse the Owner forthwith without demand for the cost Lessor free and clear of any and all liens and encumbrances and subject to the related Lease), to effect the foregoing and to comply with requirements of laws, regulations, rules and provisions and conditions of insurance policies; and (ii) pay all costs, expenses, fees and charges incurred in connection with the use or operation of the Equipment and of each Item, including but not limited to repairs, maintenance, storage and servicing. Lessee will maintain in effect a warranty by or maintenance contract with the manufacturer or other recognized maintenance provider of the Equipment, and will send Lessor a copy of such action performed warranty or contract on request. If Lessee has the Equipment maintained by someone other than the manufacturer, Lessee will pay any costs necessary to have the manufacturer re-certify the Equipment for continued maintenance at the expiration of its Lease Term or any Renewal Term (as defined herein). Lessee shall not make any alterations, substitutions, improvements or additions to the Equipment or Items, except (i) those required in order to comply with laws, regulations, rules and Insurance policies and (ii) those which shall be financed by the Owner, its servants, contractors Lessor or agents pursuant to this clause. 5.2 The Renter agrees that it shall not install any alterations or improvements (including, without restriction, any radio or television antennae, or any mechanical, cooking, electrical or other means of sound production or similar devices), nor install, display or affix any sign, lettering or advertising medium upon or in the Rental Area or elsewhere on the Facility, without the express written consent of the Owner. 5.3 Upon the expiration or earlier termination of this Agreement, the Renter shall remove all alterations, property or improvements of any kind whatsoever belonging to or installed by the Renter, whether expressly permitted by the Owner or not, from the Rental Area and restore the Rental Area to a clean condition equivalent to that for which existed prior to the commencement of this Agreement. If the Renter fails or neglects to restore the Rental Area and remove property as required above the Owner Lessor first shall have the rightconsented thereto in writing, but which consent shall not be obligatedunreasonably withheld. Notwithstanding any consent by Lessor, to take such action as is reasonably necessary in the sole discretion Lessee shall pay all costs and expenses of the Owner to perform the Renter’s obligationsforegoing. The Renter agrees that the Owner shall not be responsible for any All replacements, repairs, improvements, alterations, property or improvements of substitutions and additions shall constitute accessions to the Renter thereby removed from the Rental AreaEquipment and title thereto shall vest in Lessor, and further agrees to reimburse the Owner forthwith without demand for the cost shall be free of any and all liens. In performing its obligations under this Section, Lessee will not treat the Equipment less favorably than similar equipment that it owns or leases, or reduce its performance in contemplation of expiration of the Term or any Renewal Term. (b) Lessor hereby transfers and assigns to Lessee, for so long during the Term and any Renewal Term as Lessee is not in default, Lessor's right, title and interest in, under and to any assignable factory and dealer warranty, whether express or implied, with respect to the Equipment. All claims and actions upon any warranty shall be made and prosecuted by Lessee at its sole cost and expense. Lessor shall have no obligation to make or prosecute any claim upon or under a warranty. Lessee shall have proceeds of a warranty claim or recovery paid to Lessor. Lessor shall make such action performed by proceeds available for any repair, restoration or replacement to correct such warranted condition. Excess proceeds shall be used to reduce Lessee's obligations under the Ownerrelated Lease, its servants, contractors or agents pursuant to this clauseapplied in inverse order of maturity.

Appears in 3 contracts

Samples: Master Equipment Lease Agreement (Rmed International Inc), Master Equipment Lease Agreement (Rmed International Inc), Master Equipment Lease Agreement (Rmed International Inc)

Maintenance and Alterations. 5.1 The Owner acknowledges a. Any alterations, additions or improvements permitted herein, other than the Landlord Contribution to the Tenant Improvements as set forth in Exhibit "B" attached, and as limited therein, shall be made at the sole expense of Tenant. Tenant agrees that Tenant will make no alterations, additions or improvements to the Rental Area Leased Premises without the prior written consent of Landlord. Landlord may withhold its approval, in Landlord's sole and absolute discretion, for any alterations, additions or improvements to the Leased Premises if such alterations, additions or improvements affect the structural components and elements, or the electrical, plumbing or mechanical systems, of the Building. All alterations, additions or improvements made by and for Tenant, including but not limited to, any and all subdividing partitions, walls or railings of whatever type, material or height, but excepting moveable equipment, movable office furniture or furnishings put in at the expense of Tenant, shall, when made, be the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof at Term Expiration or any earlier termination of this Lease. Any moveable equipment, moveable furniture or furnishings installed in, or removed from, the Leased Premises shall be installed or removed without damage to the Leased Premises or the Building, or Tenant shall promptly repair such damage. Upon the Term Expiration or any earlier termination of this Lease, Tenant shall remove all moveable equipment, moveable furniture or furnishings installed in the Leased Premises, or any such property remaining in the Leased Premises after Term Expiration or earlier termination shall be deemed to have been abandoned and may be removed by Landlord at Tenant's expense. Tenant accepts the Leased Premises in its present condition and as suited for the use and purposes contemplated by Tenant. Landlord shall not be required to make any repairs or improvements to the Leased Premises except as herein set forth and shall not, under any circumstances, be required to make any repairs necessitated by virtue of Tenant's or its agents' or visitors' actions. Otherwise, Tenant shall keep the Leased Premises in good order, condition and repair, including but not limited to the floors, walls, ceilings, light fixtures, and plumbing fixtures. Any repainting, renovation or decoration of the Leased Premises shall be at the sole expense of Tenant. Tenant shall keep the Leased Premises in as good a state of repair as when received, normal wear and tear excepted. Tenant is hereby permitted to make such repairs to the Leased Premises at its own expense that Tenant may deem advisable during the term of this Lease and without liability on the part of Landlord that written consent of Landlord shall first be obtained. Tenant will pay or cause to be paid all costs and charges for work done by it or caused to be done by it, in or to the Leased Premises or the Building, and for all materials furnished for or in connection with the work. Tenant will indemnify and hold Landlord harmless from all liabilities, liens, claims, costs, and demands on account of such work. If any mechanic's, material man’s or other lien is filed against the Leased Premises or the Building, Tenant will cause such lien to be discharged of record within ten (10) days after the lien is filed. Nothing contained in this Lease is the consent or agreement of Landlord to subject Landlord's interest in the Leased Premises or the Building to liability under any lien law. Tenant will fully reimburse Landlord for any costs occasioned by the acts of Tenant and paid by Landlord, including legal fees. b. With respect to work by Tenant on the Initial Improvements of the Leased Premises as provided in Exhibit "B" of this Lease, and with respect to any alterations, additions, improvements, renovations, repairs or decorations which Tenant may, in the future, be permitted to make or construct in the Leased Premises, such work by Tenant shall be subject to the following standards: (i) Whenever, after the Term Commencement, Tenant is permitted or required to maintain and repair, or make additions or alterations to, the Leased Premises, Tenant shall commence such work only after Landlord has approved the plans therefor and any contractor proposed by Tenant to perform the work. (ii) Tenant shall cause the work to be done and completed in a good, safesubstantial and xxxxxxx-like manner free from faults and defects, in compliance with all laws, ordinances, rules and regulations, and clean condition should utilize only new materials and repairsupplies. The Renter Tenant shall leave be solely responsible for construction means, methods, techniques, sequences and procedures, and for coordinating all activities relating to Tenant's work, and the Rental Area in substantially Landlord shall not have any duty or obligation to inspect the same condition which existed immediately prior to the commencement of the Term. If the Renter fails or neglects to leave the Rental Area in substantially the same condition in which it existed immediately prior to the commencement of the Termwork, the Owner but shall have the rightright to do so. (iii) Whenever Tenant is required to perform any work on the Leased Premises, but Tenant shall not promptly commence the work and, once commenced, diligently and continually pursue the work and complete the work in a reasonable time. Tenant shall supervise and direct the work utilizing its best efforts and reasonable care, and assign qualified personnel to the work in order to cause the work to be obligated, completed in an expeditious fashion. (iv) Except as provided in Exhibit "B" with respect to take such action as is reasonably necessary in Landlord's Contribution toward the sole discretion initial improvement of the Owner to perform the Renter’s obligations. The Renter agrees to reimburse the Owner forthwith without demand Leased Premises, Tenant shall provide and pay for all labor, materials, goods, supplies, equipment, appliances, tools, construction equipment and machinery and other facilities and services necessary for the cost proper execution and completion of the work. Tenant shall promptly pay when due all costs and expenses incurred in connection with the work, and not permit or suffer to exist any liens against the Building. Tenant shall pay all fees and taxes required by law in connection with the work, and procure all such action performed by permits and licenses necessary for the Owner, its servants, contractors or agents pursuant to this clauseperformance of the work. 5.2 The Renter agrees that it (v) Tenant shall not install any alterations or improvements (including, without restriction, any radio or television antennae, or any mechanical, cooking, electrical or other means of sound production or similar devices), nor install, display or affix any sign, lettering or advertising medium upon or in the Rental Area or elsewhere on the Facility, without the express written consent of the Owner. 5.3 Upon the expiration or earlier termination of this Agreement, the Renter shall remove all alterations, property or improvements of any kind whatsoever belonging to or installed by the Renter, whether expressly permitted by the Owner or not, from the Rental Area and restore the Rental Area to a clean condition equivalent to that which existed prior to the commencement of this Agreement. If the Renter fails or neglects to restore the Rental Area and remove property as required above the Owner shall have the right, but shall not be obligated, to take such action as is reasonably necessary in the sole discretion of the Owner to perform the Renter’s obligations. The Renter agrees that the Owner shall not be responsible for the acts and omissions of all of its employees and all other persons performing any alterations, property or improvements of the Renter thereby removed from work. Tenant shall initiate, maintain and supervise all necessary safety precautions and programs in connection with the Rental Areawork, and further agrees take all reasonable protection to reimburse prevent damage, injury or loss to, the Owner forthwith without demand for work, all persons performing work on the cost Leased Premises, all other persons who may be involved in or affected by the work, all materials and equipment to be incorporated in the work, and all other property on the Leased Premises or adjacent thereto. (vi) Tenant shall defend, indemnify and save Landlord and its officers, employees and agents harmless from all liabilities, damages, losses, costs, expenses, causes of action, suits, claims, demands and judgments of any and all such action performed nature arising out of, by the Ownerreason of, its servants, contractors or agents pursuant to this clausein connection with Tenant's work.

Appears in 1 contract

Samples: Telecommunications (Winsonic Digital Media Group LTD)

Maintenance and Alterations. 5.1 The Owner acknowledges that (a) Lessee, by occupancy hereunder, accepts the Rental Area is leased premises as being in a goodgood repair and condition. Lessee shall maintain leased premises and every part thereof in good repair and condition, safedamages by causes beyond the control of the Lessee, reasonable use, ordinary wear and tear excepted. Lessee shall, at its own cost and expense, repair or replace any damage or injury to all or any part of the leased premises caused by Lessee or Lessee's agents, employees, invitees, licensees, or visitors; provided, however, if Lessee fails to make the repairs or replacements, and clean condition Lessee shall reimburse the cost to Lessor on demand. Repair, maintenance, and repairreplacement of the airconditioning and heating units shall be Lessor's responsibility. (b) Lessee shall make no changes in or to the leased premises of any nature without Lessor's prior written consent. The Renter Subject to the prior written consent of Lessor*, and to the provisions of this paragraph, Lessee, at Lessee's expense, may make alterations, installations, additions, or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the interior of the leased premises by using contractors or mechanics first approved by Lessor. All fixtures and all paneling, partitions, railings, and like installations, installed in the leased premises at any time, either by Lessee or by Lessor in Lessee's behalf, shall leave become the Rental Area in substantially property of Lessor and shall remain upon and be surrendered with the same condition which existed immediately leased premises unless Lessor, by notice to Lessee no later than twenty (20) days prior to the commencement date fixed as the termination of this Lease, elects to have them removed from the leased premises by Lessee forthwith, at Lessee's expense. Nothing in this paragraph shall be construed to prevent Lessee's removal of trade fixtures, but upon removal of any such trade fixtures from the leased premises or upon removal of other installations as may be required by Lessor, Lessee shall immediately and at Lessee's expense, repair and restore the leased premises to the condition existing prior to installation and repair any damage to the leased premises or the building due to such removal. All property permitted or required to be removed by Lessee at the end of the Termterm remaining in the leased premises after Lessee's removal shall be deemed abandoned and may, at the election of the Lessor, either be retained as Lessor's property or may be removed from the leased premises by Lessor at Lessee's expense. If Lessee shall, before making any alterations, additions, installations, or improvements, at its expense, obtain all permits, approvals, and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approval, and certificates to Lessor, and Lessee agrees to carry worker's compensation, general liability, personal and property damage insurance as Lessor may require. Lessee agrees to obtain and deliver to Lessor, written and unconditional waivers of mechanic's liens upon the Renter fails or neglects to leave the Rental Area in substantially the same condition real property in which it existed immediately prior the leased premises are located, for all work, labor, and services to be performed and materials to be furnished in connection with such work, signed by all contractors, subcontractors, materialmen, and laborers to become involved in such work. Notwithstanding the commencement of foregoing, if any mechanic's lien is filed against the Termleased premises or Lessee, the Owner shall have the right, but shall whether or not be obligated, to take such action as is reasonably necessary in the sole discretion of the Owner to perform the Renter’s obligations. The Renter agrees to reimburse the Owner forthwith without demand for the cost of any and all such action performed by the Owner, its servants, contractors or agents done pursuant to this clause. 5.2 The Renter agrees that it shall not install any alterations or improvements (including, without restriction, any radio or television antennae, or any mechanical, cooking, electrical or other means of sound production or similar devices), nor install, display or affix any sign, lettering or advertising medium upon or in the Rental Area or elsewhere on the Facility, without the express written consent of the Owner. 5.3 Upon the expiration or earlier termination of this Agreementparagraph, the Renter same shall remove all alterationsbe discharged by Lessee within ten (10) days thereafter of written notice, property or improvements of any kind whatsoever belonging to or installed at Lessee's expense, by filing the Renter, whether expressly permitted bond required by the Owner or not, from the Rental Area and restore the Rental Area to a clean condition equivalent to that which existed prior to the commencement of this Agreement. If the Renter fails or neglects to restore the Rental Area and remove property as required above the Owner shall have the right, but shall not be obligated, to take such action as is reasonably necessary in the sole discretion of the Owner to perform the Renter’s obligations. The Renter agrees that the Owner shall not be responsible for any alterations, property or improvements of the Renter thereby removed from the Rental Area, and further agrees to reimburse the Owner forthwith without demand for the cost of any and all such action performed by the Owner, its servants, contractors or agents pursuant to this clauselaw.***

Appears in 1 contract

Samples: Lease Agreement (Transworld Home Healthcare Inc)

Maintenance and Alterations. 5.1 The Owner acknowledges Tenant is aware of the status of the Leased Premises, including the fixtures and furnishings, if any. Tenant agrees that the Rental Area is in a goodLeased Premises, safefixtures, and clean furnishings, appliances, equipment and furniture are in good working order and repair and accept the Leased Premises "as is." Tenant shall, at Tenant's own expense and at all times, maintain the Leased Premises in good working order (which shall include repairing and/or replacing of any appliances), including all equipment, appliances, furniture and fixtures, and shall surrender the Leased Premises at termination of this Lease in as good condition as received, normal wear and tear excepted. Tenant waives their rights under Civil Code Section 1942 to repair and deduct the expenses of repairs from the rent when due and agrees to improve, repair, or maintain all portions of the Leased Premises as part of the consideration for rental except as may otherwise be agreed by Landlord. The Renter Tenant shall leave the Rental Area in substantially the same condition which existed immediately prior be responsible for damages caused by Tenant's negligence and that of Tenant's family, invitees, and guests. Tenant shall not paint, paper, or otherwise redecorate or make alterations to the commencement of the Term. If the Renter fails or neglects to leave the Rental Area in substantially the same condition in which it existed immediately prior to the commencement of the Term, the Owner shall have the right, but shall not be obligated, to take such action as is reasonably necessary in the sole discretion of the Owner to perform the Renter’s obligations. The Renter agrees to reimburse the Owner forthwith without demand for the cost of any and all such action performed by the Owner, its servants, contractors or agents pursuant to this clause. 5.2 The Renter agrees that it shall not install any alterations or improvements (including, without restriction, any radio or television antennae, or any mechanical, cooking, electrical or other means of sound production or similar devices), nor install, display or affix any sign, lettering or advertising medium upon or in the Rental Area or elsewhere on the Facility, Leased Premises without the express prior written consent of Landlord. Tenant shall not commit or allow any person to commit any act resulting in the Owner. 5.3 Upon the expiration destruction, defacement, damage, impairment, or earlier termination of this Agreement, the Renter shall remove all alterations, property or improvements removal of any kind whatsoever belonging part of the Leased Premises, including wall, ceiling, and floor coverings, and the furniture, fixtures, and furnishings of the Leased Premises. Tenant shall maintain the plants, trees, bushes (referred to or installed as “Yard”) surrounding the perimeter of the Leased Premises and ensure that the Yard is properly maintained by the RenterTenant, whether expressly permitted by the Owner or notincluding proper watering, from the Rental Area weeding and restore the Rental Area to a clean condition equivalent to that which existed prior other maintenance related to the commencement of this Agreement. If the Renter fails or neglects to restore the Rental Area and remove property as required above the Owner shall have the right, but shall not be obligated, to take such action as is reasonably necessary in the sole discretion of the Owner to perform the Renter’s obligations. The Renter agrees that the Owner shall not be responsible for any alterations, property or improvements of the Renter thereby removed from the Rental Area, and further agrees to reimburse the Owner forthwith without demand for the cost of any and all such action performed by the Owner, its servants, contractors or agents pursuant to this clauseYard.

Appears in 1 contract

Samples: Consultant Services Agreement

Maintenance and Alterations. 5.1 I. The Owner acknowledges that the Rental Area is in a good, safe, safe and clean condition and repair. The Renter shall leave the Rental Area in substantially the same condition which existed immediately prior to the commencement of the Term. If the Renter fails or neglects to leave the Rental Area in substantially the same condition in which it existed immediately prior to the commencement of the Term, the Owner shall have the right, but shall not be obligated, to take such action as is reasonably necessary in the sole discretion of the Owner to perform the Renter’s obligations. The Renter agrees to reimburse the Owner forthwith without demand for the cost of any and all such action performed by the Owner, its servants, contractors or agents pursuant to this clause. 5.2 II. The Renter agrees that it shall not install any alterations or improvements (including, including without restriction, any radio or television antennae, or any mechanical, cooking, electrical or other means of sound production or similar devices), nor install, display or affix any sign, lettering or advertising medium upon or in the Rental Area or elsewhere on the Facility, without the express written consent of the Owner. 5.3 III. Upon the expiration or earlier termination of this Agreement, the Renter shall remove all alterations, property or improvements of any kind whatsoever belonging to or installed by the Renter, whether expressly permitted by the Owner or not, from the Rental Area and restore the Rental Area to a clean condition equivalent to that which existed prior to the commencement of this Agreement. If the Renter fails or neglects to restore the Rental Area and remove property as required above in the sole discretion of the Owner shall have the right, but shall not be obligated, to take such action as is reasonably necessary in the sole discretion of the Owner to perform the Renter’s obligations. The Renter agrees that the Owner shall not be responsible for any alterations, property or improvements of the Renter thereby removed from the Rental Area, and further agrees to reimburse the Owner forthwith without demand for the cost of any and all such action performed by the Owner, its servants, contractors or agents pursuant to this clause.

Appears in 1 contract

Samples: Facility Rental Agreement

Maintenance and Alterations. 5.1 The Owner acknowledges that (a) Lessee at its expense at all times shall maintain, service and repair any damage to the Rental Area is Equipment so as to: (i) keep the Equipment in a goodgood and efficient working order, safe, and clean condition and repair. The Renter , ordinary wear and tear resulting from proper use excepted, and make all inspections and repairs, including replacement of worn parts (which replacement parts shall leave be free and clear of all liens and encumbrances and shall, upon incorporation into the Rental Area in substantially Item, become the same condition which existed immediately prior to the commencement property of the Term. If the Renter fails or neglects to leave the Rental Area in substantially the same condition in which it existed immediately prior to the commencement of the Term, the Owner shall have the right, but shall not be obligated, to take such action as is reasonably necessary in the sole discretion of the Owner to perform the Renter’s obligations. The Renter agrees to reimburse the Owner forthwith without demand for the cost Lessor free and clear of any and all liens and encumbrances and subject to the related Lease), to effect the foregoing and to comply with requirements of laws, regulations, rules and provisions and conditions of insurance policies; and (ii) pay all costs, expenses, fees and charges incurred in connection with the use or operation of the Equipment and of each Item, including but not limited to repairs, maintenance, storage and servicing. Lessee will maintain in effect a warranty by or maintenance contract with the manufacturer or other recognized maintenance provider of the Equipment, and will send Lessor a copy of such action performed warranty or contract on request. If Lessee has the Equipment maintained by someone other than the Ownermanufacturer, Lessee will pay any costs necessary to have the manufacturer re-certify the Equipment for continued maintenance at the expiration of its servants, contractors Lease Term or agents pursuant to this clause. 5.2 The Renter agrees that it any Renewal Term. Lessee shall not install any alterations or improvements (including, without restriction, any radio or television antennae, or any mechanical, cooking, electrical or other means of sound production or similar devices), nor install, display or affix any sign, lettering or advertising medium upon or in the Rental Area or elsewhere on the Facility, without the express written consent of the Owner. 5.3 Upon the expiration or earlier termination of this Agreement, the Renter shall remove all alterations, property or improvements of any kind whatsoever belonging to or installed by the Renter, whether expressly permitted by the Owner or not, from the Rental Area and restore the Rental Area to a clean condition equivalent to that which existed prior to the commencement of this Agreement. If the Renter fails or neglects to restore the Rental Area and remove property as required above the Owner shall have the right, but shall not be obligated, to take such action as is reasonably necessary in the sole discretion of the Owner to perform the Renter’s obligations. The Renter agrees that the Owner shall not be responsible for make any alterations, property substitutions, improvements or improvements additions to the Equipment or Items, except those required in order to comply with laws, regulations, rules and insurance policies, unless Lessor first shall have consented thereto in writing. Notwithstanding any consent by Lessor, Lessee shall pay all costs and expenses of the Renter thereby removed from foregoing. All replacements, repairs, improvements, alterations, substitutions and additions shall constitute accessions to the Rental AreaEquipment and title thereto shall vest in Lessor, and further agrees to reimburse the Owner forthwith without demand for the cost shall be free of any and all such action performed liens. In performing its obligations under this Section, Lessee will not treat the Equipment less favorably than similar equipment that it owns or leases, or reduce its performance in contemplation of expiration of the Term or any Renewal Term. (b) Lessor hereby transfers and assigns to Lessee, for so long during the Term and any Renewal Term as Lessee is not in default, Lessor's right, title and interest in, under and to any assignable factory and dealer warranty, whether express or implied, with respect to the Equipment. All claims and actions upon any warranty shall be made and prosecuted by the Owner, Lessee at its servants, contractors sole cost and expense. Lessor shall have no obligation to make or agents pursuant to this clauseprosecute any claim upon or under a warranty.

Appears in 1 contract

Samples: Master Equipment Lease Agreement (Power Integrations Inc)

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Maintenance and Alterations. 5.1 The Owner acknowledges that Tenant shall keep the Rental Area is Premises in a good, safe, good repair and clean condition at the expiration of the terms shall yield and repair. The Renter shall leave the Rental Area in substantially deliver up the same in like condition which existed immediately prior as when taken, reasonable use and wear thereof excepted. Tenant shall not make any alterations to the commencement of the TermPremises (including fastening any floor covering) without Landlord's prior written consent and then only by such contractors as may then be employed by Landlord. If the Renter fails All alterations and additions may by either Landlord or neglects to leave the Rental Area in substantially the same condition in which it existed immediately prior Tenant, including any floor covering fastened to the commencement floor by nails or adhesive, shall be the property of Landlord and shall remain upon the Term, Premises at the Owner shall have the right, but shall not be obligated, to take such action as is reasonably necessary in the sole discretion of the Owner to perform the Renter’s obligations. The Renter agrees to reimburse the Owner forthwith without demand for the cost of any and all such action performed by the Owner, its servants, contractors or agents pursuant to this clause. 5.2 The Renter agrees that it shall not install any alterations or improvements (including, without restriction, any radio or television antennae, or any mechanical, cooking, electrical or other means of sound production or similar devices), nor install, display or affix any sign, lettering or advertising medium upon or in the Rental Area or elsewhere on the Facility, without the express written consent of the Owner. 5.3 Upon the expiration or earlier termination of this AgreementLease, the Renter except that Tenant may remove all movable office furniture and equipment installed by Tenant, and Tenant shall remove all alterations, property or improvements of any kind whatsoever belonging to or such other alterations and additions installed by Tenant as Landlord may direct. Tenant shall, at Tenant's expense, repair any damage to the Renter, whether expressly permitted Premises caused by the Owner installation or notremoval of such furniture, fixtures, alterations or additions so removed and shall restore the Premises. If Tenant fails to remove all of Tenant's property and the property of others in the possession of Tenant from the Rental Area and restore Premises at the Rental Area to a clean condition equivalent to that which existed prior to the commencement termination of this AgreementLease, Landlord may remove and dispose of such property in any manner without liability therefor, and Tenant shall pay all charges for such removal and disposal upon demand by Landlord. If the Renter fails or neglects to restore the Rental Area Tenant shall indemnify and remove property as required above the Owner shall have the right, but shall not be obligated, to take such action as is reasonably necessary in the sole discretion of the Owner to perform the Renter’s obligations. The Renter agrees that the Owner shall not be responsible hold harmless Landlord for any alterations, property or improvements of the Renter thereby removed from the Rental Area, and further agrees claim by other persons with respect to reimburse the Owner forthwith without demand for the cost of any and all such action performed by the Owner, its servants, contractors or agents pursuant to this clause.property. 8. ADDITIONAL RENT 2

Appears in 1 contract

Samples: Lease Agreement (Homelife Inc)

Maintenance and Alterations. 5.1 The Owner acknowledges (a) Lessee shall, at its expense, repair and maintain the Plunger Mold so that the Rental Area is it will remain in a good, safe, and clean condition and repair. The Renter shall leave the Rental Area in substantially the same condition as when delivered to Lessee, or as modified to improve the quantity or quality of Plungers produced by the Plunger Mold, ordinary wear and tear from proper use excepted, including, without limitation, repairing and restoring the Plunger Mold to good operating condition if it becomes damaged. Lessee shall maintain the Plunger Mold in accordance with all good manufacturing practices and shall maintain an adequate supply of spare parts. Such repair and maintenance shall be performed in compliance with all requirements necessary to enforce all warranty rights and in accordance with all applicable legal and regulatory requirements. If Lessee fails to maintain the Plunger Mold in accordance with the terms hereof, Lessee shall enter into and keep in effect during the Lease Term any maintenance agreements with respect to the Plunger Mold as reasonably may be requested by Lessor. Lessee's obligation to repair, maintain and preserve the Plunger Mold shall not constitute authority to incur mechanic's or supplier's liens. Lessee shall, at its expense, make such alterations (collectively, "Required Alterations") to the Plunger Mold during the Lease Term as may be required by applicable legal and regulatory requirements. In addition, Lessee may at its expense, without Lessor's consent, so long as no Event of Default, or event which existed immediately with the passage of time or giving of notice, or both, would constitute an Event of Default (each, an "Incipient Default"), has occurred and is continuing, make alterations (collectively, "Permitted Alterations") to the Plunger Mold which do not impair the commercial value or function or use of the Plunger Mold for the manufacture and production of Plungers and which are readily removable without causing material damage to the Plunger Mold. Any Permitted Alterations not removed by Lessee prior to the commencement return of the TermPlunger Mold to Lessor, and all Required Alterations, shall immediately without further action become the property of Lessor and part of the Plunger Mold for all purposes of this Lease. (b) In furtherance of the provisions of Section 5(b) hereof and solely in accordance with the limitations set forth therein, Lessee may make such temporary and readily reversible alterations (the "Change-Over Alterations") to the Plunger Mold as may be necessary to permit the Plunger Mold to be used as a back-up mold for Lessee's own syringe production. If the Renter fails or neglects to leave the Rental Area in substantially the same condition in which it existed immediately Change-Over Alterations must be removed within ten (10) days of receipt of an order for Plungers from Lessor and prior to the commencement return of the Term, the Owner shall have the right, but shall not be obligated, to take such action as is reasonably necessary Plunger Mold in the sole discretion of the Owner to perform the Renter’s obligations. The Renter agrees to reimburse the Owner forthwith without demand for the cost of any and all such action performed by the Owner, its servants, contractors or agents pursuant to this clauseaccordance with Section 7 hereof. 5.2 The Renter agrees that it shall not install any (c) Other than as provided in this Section 6, Lessee may make no alterations or improvements (including, without restriction, any radio or television antennae, or any mechanical, cooking, electrical or other means of sound production or similar devices), nor install, display or affix any sign, lettering or advertising medium upon or in the Rental Area or elsewhere on the Facility, without the express written consent of the Owner. 5.3 Upon the expiration or earlier termination of this Agreement, the Renter shall remove all alterations, property or improvements of any kind whatsoever belonging to or installed by the Renter, whether expressly permitted by the Owner or not, from the Rental Area and restore the Rental Area to a clean condition equivalent to that which existed prior to the commencement Plunger Mold. Any prohibited alterations to the Plunger Mold shall, at Lessor's election, immediately become the property of this Agreement. If the Renter fails Lessor without further action and without Lessor thereby waiving any Event of Default or neglects to restore the Rental Area and remove property as required above the Owner shall have the right, but shall not be obligated, to take such action as is reasonably necessary in the sole discretion of the Owner to perform the Renter’s obligations. The Renter agrees that the Owner shall not be responsible for any alterations, property or improvements of the Renter thereby removed from the Rental Area, and further agrees to reimburse the Owner forthwith without demand for the cost of any and all such action performed by the Owner, its servants, contractors or agents pursuant to this clauseremedies with respect thereto.

Appears in 1 contract

Samples: Equipment Lease (Univec Inc)

Maintenance and Alterations. 5.1 The Owner acknowledges that By taking possession of the Rental Area is Leased Real Property, Tenant accepts it as being in a goodgood order, safe, and clean condition and repairrepair and in the condition in which Landlord is obligated to deliver it to Tenant. It is hereby understood and agreed that no representations respecting the condition of the Leased Real Property have been made by Landlord to Tenant, except as specifically set forth in this Lease. Notwithstanding the provisions of this Section 8 to the contrary, Landlord shall only be obligated at its own cost and expense to maintain, repair and replace the roof of the Building and any other structural components of the Building. Tenant agrees to notify Landlord in writing of any obligation or responsibility that Landlord is to perform under this Section promptly after Tenant becomes aware thereof. Should Landlord fail to promptly commence the performance of any such obligation or responsibility within thirty (30) days after its receipt of Tenant’s notice or otherwise becoming aware thereof, Landlord shall be deemed in default of the Lease and Tenant shall be entitled to exercise its rights and remedies, as provided in Section 12(b) of this Lease. Notwithstanding the foregoing, during the Term Tenant shall at its own expense keep the Leased Real Property and, to the extent applicable solely to the Building, all appurtenances, including without limitation, carpet, floors and floor coverings, wall coverings and finish work, signs, windows, glass and plate glass, doors, skylights, electrical systems and fixtures, plumbing and other fixtures, equipment and improvements clean and in good working condition and repair and shall maintain, repair and replace the heating, ventilation and air-conditioning system for the Building (the “HVAC”) in accordance with the HVAC’s manufacturer’s recommended maintenance schedule. Tenant may make any alterations, improvements, or installations, including any structural alterations which Tenant deems necessary and appropriate (collectively, the “Improvements”) subject to and constructed only in accordance with the provisions of this Section and the work agreement that is attached hereto as Exhibit C and incorporated herein by reference. The Renter Tenant agrees that any Improvements that affect the Building’s exterior appearance shall leave result in the Rental Area exterior appearance being consistent in substantially architecture and design to the same condition which existed immediately Building’s exterior appearance prior to the commencement construction of such Improvements. In addition, in the event of the Term. If legalization of any form of electronic gaming machines (whether slot machines, video gaming terminals or otherwise) in the Renter fails or neglects to leave the Rental Area in substantially the same condition in which it existed immediately prior to the commencement State of Washington during the Term, Tenant may expand the Owner Building in order to accommodate the above-mentioned machines (the “Expansion”). Any Expansion shall have also be subject to and constructed only in accordance with the rightprovisions of this Section and of Exhibit C. In the case of any construction of Improvements and/or Expansion, but the entire cost shall not be obligatedborne by Tenant and Landlord agrees to reasonably assist Tenant with obtaining any necessary permits, certificates, approvals or documents. Any space added to take such action the Building as is reasonably necessary in the sole discretion effect of the Owner Expansion shall be a part, and subject to perform the Renter’s obligationsterms, of this Lease the earlier of (i) the date a certificate of occupancy is issued for such Expansion space, or (ii) the date such Expansion space is open to the public. The Renter agrees amount of the monthly Rent payable pursuant to reimburse the Owner forthwith without demand Section 4 for the cost Leased Real Property, as expanded, shall be increased by an amount equal to 1/12th of any and all such action performed the product of annual amount of Rent paid for each square foot of the Leased Real Property prior to construction of the Expansion multiplied by the Owner, its servants, contractors or agents pursuant to this clause. 5.2 The Renter agrees number of square feet that it shall not install any alterations or improvements (including, without restriction, any radio or television antennae, or any mechanical, cooking, electrical or other means of sound production or similar devices), nor install, display or affix any sign, lettering or advertising medium upon or in constitute the Rental Area or elsewhere on Expansion. During the Facility, without the express written consent construction of the OwnerImprovements and/or Expansion, there shall be no abatement of Rent. 5.3 Upon the expiration or earlier termination of this Agreement, the Renter shall remove all alterations, property or improvements of any kind whatsoever belonging to or installed by the Renter, whether expressly permitted by the Owner or not, from the Rental Area and restore the Rental Area to a clean condition equivalent to that which existed prior to the commencement of this Agreement. If the Renter fails or neglects to restore the Rental Area and remove property as required above the Owner shall have the right, but shall not be obligated, to take such action as is reasonably necessary in the sole discretion of the Owner to perform the Renter’s obligations. The Renter agrees that the Owner shall not be responsible for any alterations, property or improvements of the Renter thereby removed from the Rental Area, and further agrees to reimburse the Owner forthwith without demand for the cost of any and all such action performed by the Owner, its servants, contractors or agents pursuant to this clause.

Appears in 1 contract

Samples: Asset Purchase Agreement (Nevada Gold & Casinos Inc)

Maintenance and Alterations. 5.1 The Owner acknowledges that a. Subject to Article 5, the Rental Area is Tenant will keep the Leased Premises and all improvements, fixtures and equipment in the Leased Premises which are not part of the Common Elements in a good, safe, and clean good condition and state of repair. The Renter shall leave , subject to reasonable wear and tear, structural repairs, repairs required by damage from risks the Rental Area Landlord is required to insure against, latent defects and defects in substantially the same condition Turn Key Work of which existed immediately the Landlord has been notified prior to the commencement of the TermCommencement Date. If the Renter fails or neglects to leave the Rental Area in substantially the same condition in which it existed immediately prior to the commencement of the Term, the Owner The Landlord shall have the rightright at all reasonable times to examine the condition of the Leased Premises, notify the Tenant of deficiencies and the Tenant shall make good any deficiencies for which it is responsible within fifteen (15) days from the date of such notice, or if such deficiency is unable to be corrected within such fifteen (15) days, has commenced such correction within that time and continue diligently to complete. b. Intentionally deleted. c. If required by the Landlord or any governmental agency the Tenant will remove from the Leased Premises any Hazardous Substances which are located, stored or incorporated in or on any part of the Leased Premises which the Tenant or those for whom the Tenant is in law responsible brings onto or generates from the Leased Premises or which the Tenant or those for whom the Tenant is in law responsible suffers or permits to be brought onto or generated from the Leased Premises at any time and for whatever reason (but this shall not be obligated, imply any authority to take such action as is reasonably necessary in bring onto or generate from the sole discretion Leased Premises (or suffer or permit the same) any Hazardous Substances which are otherwise prohibited by this Lease). The foregoing obligation to remove Hazardous Substances will survive the expiration of the Owner to perform the Renter’s obligations. The Renter agrees to reimburse the Owner forthwith without demand for the cost of any and all such action performed by the Owner, its servants, contractors or agents pursuant to this clause. 5.2 The Renter agrees that it shall not install any alterations or improvements (including, without restriction, any radio or television antennae, or any mechanical, cooking, electrical or other means of sound production or similar devices), nor install, display or affix any sign, lettering or advertising medium upon or in the Rental Area or elsewhere on the Facility, without the express written consent of the Owner. 5.3 Upon the expiration Term or earlier termination of this AgreementLease. d. The Tenant will not make any Alterations to the Leased Premises without the Landlord’s prior written approval, which will not be unreasonably withheld if: (i) the Alterations meet the then current standard for the Building; (ii) adequate plans and specifications are produced; and (iii) the Tenant has obtained all requisite governmental approvals. The Tenant will pay to the Landlord, on demand, all costs incurred by the Landlord in connection with the approval and supervision of any Alterations, including architectural and engineering consultants’ fees, plus a fee equal to five percent (5%) of the cost of the Alterations on account of the Landlord’s overhead and administration costs. e. All Alterations will be performed: (i) by competent workers whose labour union affiliations are compatible with others employed by the Landlord and its contractors; (ii) in a good and skillful manner; and (iii) in accordance with the approved plans and specifications and the Landlord’s reasonable requirements. f. The Landlord may require that any maintenance of or Alterations to the Leased Premises be performed by the Landlord at the Tenant’s cost if they affect: (i) the Common Elements; or (ii) any part of the Building outside the Leased Premises. The Tenant will pay to the Landlord, on demand, the Renter shall remove all Landlord’s costs of the maintenance or Alterations, including architectural and engineering consultants’ fees, plus an Administration Fee. g. If any part of the Building requires repair, replacement or alteration because of anything done or omitted to be done by the Tenant or its officers, directors, agents, employees, contractors, invitees or licensees then the Tenant will pay to the Landlord, on demand, the Landlord’s cost of the repairs, replacements or alterations, property or improvements of any kind whatsoever belonging to or installed by the Renter, whether expressly permitted by the Owner or not, from the Rental Area and restore the Rental Area to a clean condition equivalent to that which existed prior to the commencement of this Agreement. If the Renter fails or neglects to restore the Rental Area and remove property as required above the Owner shall have the right, but plus an Administration Fee. h. The Tenant shall not be obligatedentitled to install upon the roof of the Building any equipment except as consented to in writing by the Landlord, which consent may be arbitrarily withheld, but if given shall be subject to take such action as is reasonably whatever conditions the Landlord, in its sole discretion, deems necessary in the sole discretion of the Owner to perform the Renter’s obligations. The Renter agrees that the Owner shall not be responsible for any alterations, property or improvements of the Renter thereby removed from the Rental Area, and further agrees to reimburse the Owner forthwith without demand for the cost of any and all such action performed by the Owner, its servants, contractors or agents pursuant to this clausecircumstances.

Appears in 1 contract

Samples: Office Lease (Telvent Git S A)

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