Maintenance and Repair; Alterations. (a) Notwithstanding anything to the contrary in Article 8 of the Lease: (i) Except in the case of an emergency, Landlord shall commence any repairs which Landlord is required to make pursuant to Sections 8.2 or 8.3 of the Lease within ten (10) business days after Xxxxxxxx's receipt of written notice of the need therefor. In the case of an emergency, Landlord shall make all repairs required to be made by Landlord as promptly as practicable after receipt of oral notice of the need therefor. As used herein, an emergency shall be a condition or state of facts posing a threat of imminent injury to or death of persons or damage to property. Once commenced, all repairs required to be performed by Landlord shall be diligently prosecuted to completion. (ii) If Tenant provides written notice to Landlord of an event or circumstance which requires the action of Landlord with respect to repair and/or maintenance which is required to be made by Landlord pursuant to either of such Sections 8.2 or 8.3 and which materially and adversely affects Tenant's use of the Premises, and Landlord fails to provide such action within the time period provided in clause (i) above, or to diligently prosecute the same to completion after commencement thereof, then Tenant may proceed to take the required action following delivery of an additional three (3) business days' written notice to Landlord specifying that Tenant will take such required action if not undertaken by Landlord, and if such action was required under the terms of the Lease to be taken by Landlord, then Tenant shall be entitled to reimbursement by Landlord of Tenant's reasonable costs and expenses in taking such action within thirty (30) days after Xxxxxxxx's receipt of an invoice from Tenant of its costs of taking action which Xxxxxx claims should have been taken by Landlord. Such invoice shall set forth a reasonably particularized breakdown of all such costs and expenses in connection with taking such action on behalf of Landlord. If Landlord fails to pay any such reasonable costs and expenses within such thirty (30) days period, Tenant shall not be entitled to deduct such costs and expenses from rent payable under this Lease, but rather, as Tenant's sole remedy, Tenant may proceed to claim a default by Landlord. (iii) Any work undertaken by Tenant pursuant to clause (ii) above shall be subject to the following: (A) Such work shall not extend to any structural portion of any Building, or to any main utility line(s) located outside such Building. (B) In no event shall Tenant be permitted to enter into the premises of any other tenant in the Building or Center in connection with such work. (C) All such work shall be diligently pursued to completion in accordance with all applicable laws and shall be conducted in a manner which does not interfere with the normal operations of the Center and other tenants thereof. (D) The work undertaken by Tenant shall be the minimum amount of work reasonably necessary for Tenant to correct or cure the problem or failure of Landlord to act as was addressed by Xxxxxx's notices pursuant to clause (ii) above. (b) Notwithstanding anything to the contrary contained in the first sentence of Section 9.1 of this Lease, with respect to each Premises and Building, Tenant may, without the prior written consent of Landlord, make any interior alterations therein so long as such alterations (i) do not impact or affect any changes to the structural portions of such Premises or Building, (ii) do not materially affect or impact the main electrical, plumbing, mechanical and ventilating and air conditioning systems of such Premises or Building, (iii) do not affect any change to the exterior of such Premises or Building, (iv) are consistent with the then existing improvements in such Premises approved by Landlord or otherwise installed or constructed therein pursuant to this subsection (b) and (v) do not, in the aggregate, cost more than $0.50 per square foot of Rentable Area in such Premises in any twelve (12) month period. Such alterations may include, by way of example, new paint, wallcoverings, refurbishment of floor coverings and replacement of fixtures, furnishings and equipment, so long as the same are in compliance with clauses (i) through (v) hereof. It is understood and agreed that the limitations set forth in clause (v) above shall be applied on Building/Premises by Building/Premises basis. (c) Notwithstanding the last sentence of the second unnumbered paragraph of Section 9.1 of this Lease, Tenant shall not be required to remove any alterations, additions or improvements made or installed by Tenant in the Premises which are in existence in the applicable Premises as of the date of this Lease or which are hereafter constructed or installed in such Premises pursuant to Article 9 and Exhibit "D" attached to this Lease and which Landlord and Tenant agree in writing shall not be required to be removed in connection with Landlord's approval of any such alteration, addition or improvement. (d) The first and second sentences of the third paragraph of Section 9.1 of the Lease are hereby amended to read, in their entirety, as follows: "All alterations of or to the Premises shall be performed in a good and workmanlike manner and all materials used in connection therewith shall be equal or better in terms of quality and quantity than Landlord's Building Standard Tenant Improvement items for the Center. A copy of Landlord's Building Standard Tenant Improvement items for the Center is available at Landlord's property management office for the Center."
Appears in 1 contract
Samples: Master Building Lease (Filenet Corp)
Maintenance and Repair; Alterations. (a) Notwithstanding anything to Excluding the contrary in Article 8 of Sublessor’s Work, Sublessee shall maintain, repair and keep the Lease:
(i) Except Premises in the case of an emergency, Landlord shall commence any repairs which Landlord is required to make pursuant to Sections 8.2 or 8.3 of the Lease within ten (10) business days after Xxxxxxxx's receipt of written notice of the need therefor. In the case of an emergency, Landlord shall make all repairs required to be made by Landlord as promptly as practicable after receipt of oral notice of the need therefor. As used herein, an emergency shall be a condition or state of facts posing a threat of imminent injury to or death of persons or damage to property. Once commenced, all repairs required to be performed by Landlord shall be diligently prosecuted to completion.
(ii) If Tenant provides written notice to Landlord of an event or circumstance which requires the action of Landlord with respect to repair and/or maintenance which is required to be made by Landlord pursuant to either of such Sections 8.2 or 8.3 and which materially and adversely affects Tenant's use of the Premises, and Landlord fails to provide such action within the time period provided in clause (i) above, or to diligently prosecute the same to completion after commencement thereof, then Tenant may proceed to take the required action following delivery of an additional three (3) business days' written notice to Landlord specifying that Tenant will take such required action if not undertaken by Landlord, and if such action was required under the terms Master Lease at Sublessee’s sole cost and expense at all times during the Sublease Term. Sublessor may, upon reasonable prior notice to Sublessee, inspect the Premises to confirm that the foregoing covenants have not been violated and may exercise self-help and draw upon the Security Deposit for the purpose of remedying such violations to the reasonable satisfaction of Sublessor and the satisfaction of Master Landlord. Sublessee may not undertake any alterations or improvements of the Lease to be taken by Landlord, then Tenant shall be entitled to reimbursement by Landlord of Tenant's reasonable costs and expenses in taking such action within thirty (30) days after Xxxxxxxx's receipt of an invoice from Tenant of its costs of taking action which Xxxxxx claims should have been taken by Landlord. Such invoice shall set forth a reasonably particularized breakdown of all such costs and expenses in connection with taking such action on behalf of Landlord. If Landlord fails to pay any such reasonable costs and expenses within such thirty (30) days period, Tenant shall not be entitled to deduct such costs and expenses from rent payable under this Lease, but rather, as Tenant's sole remedy, Tenant may proceed to claim a default by Landlord.
(iii) Any work undertaken by Tenant pursuant to clause (ii) above shall be subject to the following:
(A) Such work shall not extend to any structural portion of any Building, or to any main utility line(s) located outside such Building.
(B) In no event shall Tenant be permitted to enter into the premises of any other tenant in the Building or Center in connection with such work.
(C) All such work shall be diligently pursued to completion in accordance with all applicable laws and shall be conducted in a manner which does not interfere with the normal operations of the Center and other tenants thereof.
(D) The work undertaken by Tenant shall be the minimum amount of work reasonably necessary for Tenant to correct or cure the problem or failure of Landlord to act as was addressed by Xxxxxx's notices pursuant to clause (ii) above.
(b) Notwithstanding anything to the contrary contained in the first sentence of Section 9.1 of this Lease, with respect to each Premises and Building, Tenant may, without the prior written consent from Master Landlord required under the Master Lease and the prior written consent of LandlordSublessor, make any interior alterations therein so long as such alterations (i) do not impact or affect any changes to the structural portions of such Premises or Building, (ii) do not materially affect or impact the main electrical, plumbing, mechanical and ventilating and air conditioning systems of such Premises or Building, (iii) do not affect any change to the exterior of such Premises or Building, (iv) are consistent with the then existing improvements in such Premises approved by Landlord or otherwise installed or constructed therein pursuant to this subsection (b) and (v) do not, in the aggregate, cost more than $0.50 per square foot of Rentable Area in such Premises in any twelve (12) month period. Such alterations may include, by way of example, new paint, wallcoverings, refurbishment of floor coverings and replacement of fixtures, furnishings and equipment, so long as the same are in compliance with clauses (i) through (v) hereof. It is understood and agreed that the limitations set forth in clause (v) above shall be applied on Building/Premises by Building/Premises basis.
(c) Notwithstanding the last sentence of the second unnumbered paragraph of Section 9.1 of this Lease, Tenant which consent shall not be required to remove any alterationsunreasonably withheld, additions provided, however, if Sublessor determines in its reasonable discretion that the proposed alterations or improvements made could actually or installed by Tenant potentially increase the time or expense for the Premises to be surrendered on the Master Termination Date in the Premises which are condition required under the Master Lease, Sublessor may condition its consent on Sublessee paying an additional fee to Sublessor in existence in the applicable Premises as an amount equal to 105% of the date of this Lease or which are hereafter constructed or installed anticipated Construction Costs (as defined in such Section 3.2) for Sublessor to restore the Premises pursuant to Article 9 and Exhibit "D" attached to this Lease and which Landlord and Tenant agree in writing shall not be the required to be removed in connection with Landlord's approval of any such alteration, addition or improvement.
(d) The first and second sentences condition. Without limiting the generality of the third paragraph of Section 9.1 foregoing, Sublessee shall cooperate with an inspection by Sublessor at or prior to the conclusion of the Lease are hereby amended Sublease Term so that Sublessor may determine whether and to read, in their entirety, as follows: "All alterations what extent Sublessee is entitled to a release of or to the Premises shall be performed in a good and workmanlike manner and all materials used in connection therewith shall be equal or better in terms of quality and quantity than Landlord's Building Standard Tenant Improvement items for the Center. A copy of Landlord's Building Standard Tenant Improvement items for the Center is available at Landlord's property management office for the CenterSecurity Deposit."
Appears in 1 contract
Samples: Sublease (Xos, Inc.)
Maintenance and Repair; Alterations. (a) Notwithstanding anything 9.1 During the Term, Landlord, at it's expense, shall maintain in good condition and repair the Building and common areas and all structural and mechanical components thereof including, without limitation, the roof and the plumbing, electrical, heating, ventilating and air-conditioning systems which service the Premises. Landlord shall maintain and keep clean all Common Areas, remove snow and trash therefrom when required, and provide adequate lighting for all Common Areas, including the parking areas. Landlord shall at its expense, provide janitorial services to the contrary Premises on a three (3) day per week basis as further set forth in Article 8 Exhibit B attached hereto. Tenant may terminate janitorial services upon thirty (30) days notice and Base Rent will be credited $200.00 per month for the remainder of the Lease:
(i) Except in the case of an emergency, Landlord shall commence any repairs which Landlord is required to make pursuant to Sections 8.2 or 8.3 of the Lease within ten (10) business days after Xxxxxxxx's receipt of written notice of the need therefor. In the case of an emergency, Landlord shall make all repairs required to be made by Landlord as promptly as practicable after receipt of oral notice of the need therefor. As used herein, an emergency shall be a condition or state of facts posing a threat of imminent injury to or death of persons or damage to property. Once commenced, all repairs required to be performed by Landlord shall be diligently prosecuted to completionTerm.
(ii) If Tenant provides written notice to Landlord of an event or circumstance which requires the action of Landlord with respect to repair and/or maintenance which is 9.2 Except for repairs required to be made by Landlord pursuant to either of such Sections 8.2 or 8.3 and Section 9.1 hereof, Tenant, at it's expense, shall make all interior repairs to the Premises during the Term which materially and adversely affects Tenant's use of are necessary to keep the Premises, fixtures and Landlord fails to provide such action within the time period provided equipment therein in clause (i) above, or to diligently prosecute the same to completion after commencement thereof, then Tenant may proceed to take the required action following delivery of an additional three (3) business days' written notice to Landlord specifying that Tenant will take such required action if not undertaken by Landlord, good order and if such action was required under the terms of the Lease to be taken by Landlord, then Tenant shall be entitled to reimbursement by Landlord of Tenant's reasonable costs and expenses in taking such action within thirty (30) days after Xxxxxxxx's receipt of an invoice from Tenant of its costs of taking action which Xxxxxx claims should have been taken by Landlordrepair. Such invoice shall set forth a reasonably particularized breakdown of all such costs and expenses in connection with taking such action on behalf of Landlord. If Landlord fails to pay any such reasonable costs and expenses within such thirty (30) days period, Tenant shall not injure or deface the same or any other part of the Building, nor suffer any waste thereof, nor without Landlord's consent, which consent shall not be entitled unreasonably withheld, make any alterations and improvements in the Premises or the Building. As a condition to deduct granting such costs consent Landlord may require at the time it grants such consent that upon the termination of this Lease Tenant, at its expense, restore any part of the Premises altered by Tenant (including the chiller, pumps and expenses from rent payable under this Lease, related equipment and parts to be installed by Landlord pursuant to the second paragraph of Section 7 hereof but rather, as Tenant's sole remedy, Tenant may proceed to claim a default not any other improvements made by Landlord.
(iii) Any work undertaken by Landlord or Tenant pursuant to clause (iithe remainder of said Section 7 hereof) above shall be subject to the following:
(A) Such work shall not extend its condition prior to any structural portion of any Building, or to any main utility line(s) located outside such Buildingalteration.
(B) In no event shall Tenant be permitted to enter into the premises of any other tenant in the Building or Center in connection with such work.
(C) All such work shall be diligently pursued to completion in accordance with all applicable laws and shall be conducted in a manner which does not interfere with the normal operations of the Center and other tenants thereof.
(D) The work undertaken by Tenant shall be the minimum amount of work reasonably necessary for Tenant to correct or cure the problem or failure of Landlord to act as was addressed by Xxxxxx's notices pursuant to clause (ii) above.
(b) Notwithstanding anything to the contrary contained in the first sentence of Section 9.1 of this Lease, with respect to each Premises and Building, Tenant may, without the prior written consent of Landlord, make any interior alterations therein so long as such alterations (i) do not impact or affect any changes to the structural portions of such Premises or Building, (ii) do not materially affect or impact the main electrical, plumbing, mechanical and ventilating and air conditioning systems of such Premises or Building, (iii) do not affect any change to the exterior of such Premises or Building, (iv) are consistent with the then existing improvements in such Premises approved by Landlord or otherwise installed or constructed therein pursuant to this subsection (b) and (v) do not, in the aggregate, cost more than $0.50 per square foot of Rentable Area in such Premises in any twelve (12) month period. Such alterations may include, by way of example, new paint, wallcoverings, refurbishment of floor coverings and replacement of fixtures, furnishings and equipment, so long as the same are in compliance with clauses (i) through (v) hereof. It is understood and agreed that the limitations set forth in clause (v) above shall be applied on Building/Premises by Building/Premises basis.
(c) Notwithstanding the last sentence of the second unnumbered paragraph of Section 9.1 of this Lease, Tenant shall not be required to remove any alterations, additions or improvements made or installed by Tenant in the Premises which are in existence in the applicable Premises as of the date of this Lease or which are hereafter constructed or installed in such Premises pursuant to Article 9 and Exhibit "D" attached to this Lease and which Landlord and Tenant agree in writing shall not be required to be removed in connection with Landlord's approval of any such alteration, addition or improvement.
(d) The first and second sentences of the third paragraph of Section 9.1 of the Lease are hereby amended to read, in their entirety, as follows: "All alterations of or to the Premises shall be performed in a good and workmanlike manner and all materials used in connection therewith shall be equal or better in terms of quality and quantity than Landlord's Building Standard Tenant Improvement items for the Center. A copy of Landlord's Building Standard Tenant Improvement items for the Center is available at Landlord's property management office for the Center."
Appears in 1 contract
Maintenance and Repair; Alterations. Article VII is hereby deleted and replaced in its entirety by the following:
SECTION 1. Landlord shall keep and maintain the roof, foundation, floor slab, and all structural walls (a) Notwithstanding anything including windows and plate glass), gutters and downspouts of the Premises in good order and repair. Landlord shall keep or cause to be kept in good repair all common areas of the Building and appurtenant areas, including, lighting systems; drainage systems; mechanical, plumbing and electrical systems; heat and air conditioning units; ductwork, lines, pipes, and conduits serving the Premises; and parking areas and driveways. Landlord shall maintain, at its sole cost and expense, the heating, air conditioning, lighting (including replacement of light bulbs and fixtures), ceiling and plumbing systems within the Premises. Any maintenance, repairs or replacements to any of the foregoing made necessary by any acts or omissions of the Tenant, its agents or employees, shall be paid for by Tenant and Tenant shall reimburse Landlord on demand for the cost of repairing any damage to the contrary in Article 8 of Premises or the Lease:
(i) Except in the case of an emergency, Landlord shall commence any repairs which Landlord is required to make pursuant to Sections 8.2 Building caused by Tenant or 8.3 of the Lease within ten (10) business days after Xxxxxxxx's receipt of written notice of the need thereforits agents or employees. In the case of an emergencyevent, Landlord shall make all repairs required to be made by Landlord as promptly as practicable after receipt of oral notice of the need therefor. As used herein, an emergency shall be a condition or state of facts posing a threat of imminent injury to or death of persons or damage to property. Once commenced, all repairs required to be performed by Landlord shall be diligently prosecuted to completion.
(ii) If Tenant provides written reasonable notice to Landlord of an event or circumstance which requires the action of Landlord with respect to repair and/or maintenance which is required to be made by Landlord pursuant to either of such Sections 8.2 or 8.3 and which materially and adversely affects Tenant's use of the PremisesLandlord, and Landlord fails to provide such action within the time period provided in clause (i) above, or to diligently prosecute the same to completion after commencement thereof, then Tenant may proceed to take the required action following delivery of an additional three (3) business days' written notice to Landlord specifying that Tenant will take such required action if not undertaken by Landlord, and if such action was required under the terms of the Lease to be taken by Landlordmake any repairs as hereinbefore provided, then Tenant shall be entitled have the right to reimbursement by make these repairs and deduct the cost thereof from any future rental payments.
SECTION 2. All maintenance, repairs, or replacements relating to the Premises that are not the obligation of Landlord of Tenant's reasonable costs and expenses in taking such action within thirty (30) days after Xxxxxxxx's receipt of an invoice from Tenant of its costs of taking action which Xxxxxx claims should have been taken by Landlord. Such invoice shall as set forth in Section 1 above, shall be the obligation of Tenant and shall be made by Tenant at Tenant’s sole cost and expense. Tenant shall maintain, at its expense, the interior of the Premises in good repair and in a reasonably particularized breakdown clean and attractive condition. Tenant’s obligation to maintain, repair and replace includes, but is not limited to, all the interior of all such costs and expenses in connection with taking such action on behalf of Landlordthe Premises. If Landlord In the event Tenant fails to pay any comply with the requirements of this Section, Landlord may effect such reasonable costs maintenance and expenses within such thirty (30) days periodrepair and the cost thereof, with interest at the rate of 12% per annum.
SECTION 3. Tenant shall not be entitled to deduct such costs and expenses from rent payable under this Lease, but rather, as Tenant's sole remedy, Tenant may proceed to claim a default by Landlord.
(iii) Any work undertaken by Tenant pursuant to clause (ii) above shall be subject to the following:
(A) Such work shall not extend to any structural portion of any Building, or to any main utility line(s) located outside such Building.
(B) In no event shall Tenant be permitted to enter into the premises of any other tenant in the Building or Center in connection with such work.
(C) All such work shall be diligently pursued to completion in accordance with all applicable laws and shall be conducted in a manner which does not interfere with the normal operations of the Center and other tenants thereof.
(D) The work undertaken by Tenant shall be the minimum amount of work reasonably necessary for Tenant to correct or cure the problem or failure of Landlord to act as was addressed by Xxxxxx's notices pursuant to clause (ii) above.
(b) Notwithstanding anything to the contrary contained in the first sentence of Section 9.1 of this Lease, with respect to each Premises and Building, Tenant may, without the prior written consent of Landlord, make any interior alterations therein so long as such alterations (i) do not impact or affect any changes to the structural portions of such Premises or Building, (ii) do not materially affect or impact the main electrical, plumbing, mechanical and ventilating and air conditioning systems of such Premises or Building, (iii) do not affect any change to the exterior of such Premises or Building, (iv) are consistent with the then existing improvements in such Premises approved by Landlord or otherwise installed or constructed therein pursuant to this subsection (b) and (v) do not, in the aggregate, cost more than $0.50 per square foot of Rentable Area in such Premises in any twelve (12) month period. Such alterations may include, by way of example, new paint, wallcoverings, refurbishment of floor coverings and replacement of fixtures, furnishings and equipment, so long as the same are in compliance with clauses (i) through (v) hereof. It is understood and agreed that the limitations set forth in clause (v) above shall be applied on Building/Premises by Building/Premises basis.
(c) Notwithstanding the last sentence of the second unnumbered paragraph of Section 9.1 of this Lease, Tenant shall not be required to remove any alterations, additions or improvements made or installed by Tenant in to the Premises which are in existence in the applicable Premises as of the date of this Lease without first obtaining Landlord’s prior written consent. All alterations, additions or which are hereafter constructed or installed in such Premises pursuant to Article 9 and Exhibit "D" attached to this Lease and which Landlord and Tenant agree in writing shall not be required to be removed in connection with Landlord's approval of any such alteration, addition or improvement.
(d) The first and second sentences of the third paragraph of Section 9.1 of the Lease are hereby amended to read, in their entirety, as follows: "All alterations of or improvements to the Premises shall be performed made in a good accordance with applicable building codes and workmanlike manner requirements. Landlord may make any repairs for the preservation, safety or improvement of the Premises or the Building. All alterations, additions, and all materials used in connection therewith improvements made by Tenant shall become the property of Landlord upon making thereof and shall be equal or better in terms surrendered to Landlord upon the expiration of quality and quantity than Landlord's Building Standard Tenant Improvement items for the Centerthis Lease. A copy of Landlord's Building Standard Tenant Improvement items for the Center is available at Landlord's property management office for the Center."
Appears in 1 contract
Samples: Lease (Republic Bancorp Inc /Ky/)
Maintenance and Repair; Alterations. Article VII is hereby deleted and replaced in its entirety by the following:
SECTION 1. Landlord shall keep and maintain the roof, foundation, floor slab, and all structural walls (a) Notwithstanding anything including windows and plate glass), gutters and downspouts of the Premises in good order and repair. Landlord shall keep or cause to be kept in good repair all common areas of the Building and appurtenant areas, including, lighting systems; drainage systems; mechanical, plumbing and electrical systems; heat and air conditioning units; ductwork, lines, pipes, and conduits serving the Premises; and parking areas and driveways. Landlord shall maintain, at its sole cost and expense, the heating, air conditioning, lighting (including replacement of light bulbs and fixtures), ceiling and plumbing systems within the Premises. Any maintenance, repairs or replacements to any of the foregoing made necessary by any acts or omissions of the Tenant, its agents or employees, shall be paid for by Tenant and Tenant shall reimburse Landlord on demand for the cost of repairing any damage to the contrary in Article 8 of Premises or the Lease:
(i) Except in the case of an emergency, Landlord shall commence any repairs which Landlord is required to make pursuant to Sections 8.2 Building caused by Tenant or 8.3 of the Lease within ten (10) business days after Xxxxxxxx's receipt of written notice of the need thereforits agents or employees. In the case of an emergencyevent, Landlord shall make all repairs required to be made by Landlord as promptly as practicable after receipt of oral notice of the need therefor. As used herein, an emergency shall be a condition or state of facts posing a threat of imminent injury to or death of persons or damage to property. Once commenced, all repairs required to be performed by Landlord shall be diligently prosecuted to completion.
(ii) If Tenant provides written reasonable notice to Landlord of an event or circumstance which requires the action of Landlord with respect to repair and/or maintenance which is required to be made by Landlord pursuant to either of such Sections 8.2 or 8.3 and which materially and adversely affects Tenant's use of the PremisesLandlord, and Landlord fails to provide such action within the time period provided in clause (i) above, or to diligently prosecute the same to completion after commencement thereof, then Tenant may proceed to take the required action following delivery of an additional three (3) business days' written notice to Landlord specifying that Tenant will take such required action if not undertaken by Landlord, and if such action was required under the terms of the Lease to be taken by Landlordmake any repairs as hereinbefore provided, then Tenant shall be entitled have the right to reimbursement by make these repairs and deduct the cost thereof from any future rental payments.
SECTION 2. All maintenance, repairs, or replacements relating to the Premises that are not the obligation of Landlord of Tenant's reasonable costs and expenses in taking such action within thirty (30) days after Xxxxxxxx's receipt of an invoice from Tenant of its costs of taking action which Xxxxxx claims should have been taken by Landlord. Such invoice shall as set forth in Section 1 above, shall be the obligation of Tenant and shall be made by Tenant at Tenant’s sole cost and expense. Tenant shall maintain, at its expense, the interior of the Premises in good repair and in a reasonably particularized breakdown clean and attractive condition. Tenant’s obligation to maintain, repair and replace includes, but is not limited to, all the interior of all such costs and expenses in connection with taking such action on behalf of Landlordthe Premises. If Landlord In the event Tenant fails to pay any comply with the requirements of this Section, Landlord may effect such reasonable costs maintenance and expenses within such thirty (30) days periodrepair and the cost thereof, with interest at the rate of 12% per annum.
SECTION 3. Tenant shall not be entitled to deduct such costs and expenses from rent payable under this Lease, but rather, as Tenant's sole remedy, Tenant may proceed to claim a default by Landlord.
(iii) Any work undertaken by Tenant pursuant to clause (ii) above shall be subject to the following:
(A) Such work shall not extend to any structural portion of any Building, or to any main utility line(s) located outside such Building.
(B) In no event shall Tenant be permitted to enter into the premises of any other tenant in the Building or Center in connection with such work.
(C) All such work shall be diligently pursued to completion in accordance with all applicable laws and shall be conducted in a manner which does not interfere with the normal operations of the Center and other tenants thereof.
(D) The work undertaken by Tenant shall be the minimum amount of work reasonably necessary for Tenant to correct or cure the problem or failure of Landlord to act as was addressed by Xxxxxx's notices pursuant to clause (ii) above.
(b) Notwithstanding anything to the contrary contained in the first sentence of Section 9.1 of this Lease, with respect to each Premises and Building, Tenant may, without the prior written consent of Landlord, make any interior alterations therein so long as such alterations (i) do not impact or affect any changes to the structural portions of such Premises or Building, (ii) do not materially affect or impact the main electrical, plumbing, mechanical and ventilating and air conditioning systems of such Premises or Building, (iii) do not affect any change to the exterior of such Premises or Building, (iv) are consistent with the then existing improvements in such Premises approved by Landlord or otherwise installed or constructed therein pursuant to this subsection (b) and (v) do not, in the aggregate, cost more than $0.50 per square foot of Rentable Area in such Premises in any twelve (12) month period. Such alterations may include, by way of example, new paint, wallcoverings, refurbishment of floor coverings and replacement of fixtures, furnishings and equipment, so long as the same are in compliance with clauses (i) through (v) hereof. It is understood and agreed that the limitations set forth in clause (v) above shall be applied on Building/Premises by Building/Premises basis.
(c) Notwithstanding the last sentence of the second unnumbered paragraph of Section 9.1 of this Lease, Tenant shall not be required to remove any alterations, additions or improvements made or installed by Tenant in to the Premises which are in existence in the applicable Premises as of the date of this Lease without first obtaining Landlord’s prior written consent. All alterations, additions or which are hereafter constructed or installed in such Premises pursuant to Article 9 and Exhibit "D" attached to this Lease and which Landlord and Tenant agree in writing shall not be required to be removed in connection with Landlord's approval of any such alteration, addition or improvement.
(d) The first and second sentences of the third paragraph of Section 9.1 of the Lease are hereby amended to read, in their entirety, as follows: "All alterations of or improvements to the Premises shall be performed made in a good accordance with applicable building codes and workmanlike manner requirements. Landlord may make any repairs for the preservation, safety or improvement of the Premises or the Building. All alterations, additions, and all materials used in connection therewith improvements made by Tenant shall become the property of Landlord upon making thereof and shall be equal or better in terms surrendered to Landlord upon the expiration of quality and quantity than Landlord's Building Standard Tenant Improvement items for the Centerthis Lease. A copy of Landlord's Building Standard Tenant Improvement items for the Center is available at Landlord's property management office for the Center."
Appears in 1 contract
