Maintenance and Repair by Tenant. Except as is expressly set forth as Landlord’s responsibility pursuant to the paragraph captioned “Maintenance and Repair by Landlord,” Tenant shall at Tenant’s sole cost and expense keep, clean and maintain the Premises in good condition and repair, including interior painting, plumbing and utility fixtures and installations within the Premises, carpets and floor coverings, all interior wall surfaces and coverings (including tile and paneling), window replacement (only if Tenant or Tenant’s Agent caused the window to crack or shatter), exterior and interior doors, roof penetrations and membranes in connection with any Tenant installations on the roof, and interior preventative maintenance. All maintenance and repairs made by Tenant must comply with the requirements set forth in the subparagraph captioned “Work Performance” and with Landlord’s sustainability practices and any applicable Green Agency Rating, as the same may change from time to time. If Tenant fails to maintain or repair the Premises in accordance with this paragraph, then Landlord may, but shall not be required to, enter the Premises upon two (2) Business Days prior written notice to Tenant (or immediately without any notice in the case of an emergency) to perform such maintenance or repair at Tenant’s sole cost and expense. Tenant shall pay to Landlord the cost of such maintenance or repair plus a ten percent (10%) administration fee within thirty (30) days after written demand from Landlord, accompanied by reasonably appropriate back-up. Notwithstanding the foregoing, if at any time during the Lease Term, Landlord determines, in Landlord’s reasonable discretion, that repairs or maintenance need to be performed by Tenant as required hereunder, Landlord shall provide Tenant with written notice thereof.
Appears in 2 contracts
Samples: Office Lease (Audentes Therapeutics, Inc.), Office Lease (Audentes Therapeutics, Inc.)
Maintenance and Repair by Tenant. Except as is expressly set forth as Landlord’s responsibility pursuant to the paragraph 4.1 of this Lease (captioned “Maintenance and Repair by Landlord,” ”), and except for the janitorial services to be provided by Landlord in accordance with Exhibit G. Tenant shall at Tenant’s sole cost and expense keep, clean and maintain the Premises in good condition and repair, ordinary wear and tear excepted, including interior painting, cleaning of the interior side of all exterior glass, plumbing and utility fixtures utility, and installations within the Premisesinstallations, carpets and floor coverings, all interior wall surfaces and coverings (including tile and paneling), interior window replacement (only if Tenant or Tenant’s Agent caused the window to crack or shatter)replacement, exterior and interior doors, roof penetrations and membranes in connection with any Tenant requested installations on the roof, non-Building standard light bulb and ballast replacement (which lighting purchase must comply with Landlord’s sustainability practices and shall be reported to Landlord in a format suitable to Landlord) and interior preventative maintenance. All Tenant shall use commercially reasonable efforts to ensure that all maintenance and repairs made by Tenant must comply with the requirements set forth in the subparagraph captioned “Work Performance” and with Landlord’s sustainability practices and any applicable Green Agency Rating, Rating (as the same may change from time to time). If Tenant fails to maintain or repair the Premises in accordance with this paragraphparagraph 4.2, then Landlord may, but shall not be required to, enter the Premises upon two (2) Business Days Days’ prior written notice to Tenant (or immediately without any notice in the case of an emergency) to perform such reasonable maintenance or repair at Tenant’s sole cost and expense. Tenant shall pay to Landlord the cost of such maintenance or repair plus a ten fifteen percent (1015%) administration fee within thirty ten (3010) days after Business Days of written demand from Landlord, accompanied by reasonably appropriate back-up. Notwithstanding the foregoing, if at any time during the Lease Term, Landlord determines, in Landlord’s reasonable discretion, that repairs or maintenance need to be performed by Tenant as required hereunder, Landlord shall provide Tenant with written notice thereof.
Appears in 2 contracts
Samples: Deed of Lease (Opower, Inc.), Deed of Lease (Opower, Inc.)
Maintenance and Repair by Tenant. 4.2.1 Except as is expressly set forth as Landlord’s responsibility pursuant to the paragraph captioned “Maintenance and Repair by Landlord,” Tenant shall at Tenant’s sole cost and expense keep, clean and maintain the Premises in good condition and repair, including interior painting, cleaning of the interior side of all exterior glass, plumbing and utility fixtures and installations within the Premisesinstallations, carpets and floor coverings, all interior wall surfaces and coverings (including tile and paneling), window replacement (only if Tenant or Tenant’s Agent caused the window to crack or shatter)replacement, exterior suite entry doors and interior doors, roof penetrations and membranes in connection with any Tenant installations on the roof, light bulb replacement (which lighting purchases must comply with Landlord’s sustainability practices and shall be reported to Landlord in a format suitable to Landlord) and interior preventative maintenance. All maintenance and repairs made by Tenant must comply with the requirements set forth in the subparagraph captioned “Work Performance” and with Landlord’s sustainability practices and any applicable Green Agency Rating, as the same may change from time to time. If Tenant fails to maintain or repair the Premises in accordance with this paragraph, then Landlord may, but shall not be required to, enter the Premises upon two (2) Business Days prior written notice to Tenant (or immediately without any notice in the case of an emergency) to perform such maintenance or repair at Tenant’s sole cost and expense. Tenant shall pay to Landlord the cost of such maintenance or repair plus a ten percent (10%) administration fee within thirty ten (3010) days after Business Days of written demand from Landlord.
4.2.2 Without limiting the generality of paragraphs 3.5.5 or 4.2.1 hereof, accompanied Tenant shall be responsible at Tenant’s sole cost and expense for the maintenance, repair and/or replacement of any special heating, ventilating, air conditioning, plumbing, electrical or other systems and fixtures installed solely to service the Premises, whether installed or paid for by reasonably appropriate back-up. Notwithstanding the foregoing, if at any time during the Lease Term, Landlord determines, in Landlord’s reasonable discretion, that repairs or maintenance need to be performed by Tenant as required hereunder, Landlord shall provide Tenant with written notice thereofTenant.
Appears in 2 contracts
Samples: Gross Lease (Endurance International Group Holdings, Inc.), Gross Lease (Endurance International Group Holdings, Inc.)
Maintenance and Repair by Tenant. Except as is expressly set forth as Landlord’s responsibility pursuant to the paragraph Section captioned “Maintenance and Repair by Landlord,” Tenant shall at Tenant’s sole cost and expense keepclean, clean keep and maintain the Premises in good condition and repair, including interior painting, clean the interior side of all exterior glass, plumbing and utility fixtures and installations within the Premisesinstallations, carpets and floor coverings, all interior wall surfaces and coverings (including tile and paneling), window replacement (only if Tenant or Tenant’s Agent caused the window to crack or shatter)cleaning and replacement, exterior and interior doors, roof penetrations and membranes in connection with any Tenant installations on the roof, light bulb replacement (which lighting purchases must comply with Landlord’s sustainability practices and shall be reported to Landlord in a format suitable to Landlord) and interior preventative maintenance. All maintenance and repairs made by Tenant must comply with the requirements set forth in the subparagraph captioned “Work Performance” and with Landlord’s sustainability practices and any applicable Green Agency Rating, as the same may change from time to time. If Tenant fails to maintain or repair the Premises in accordance with this paragraphSection 4.2, then Landlord may, but shall not be required to, enter the Premises upon two (2) Business Days prior written notice to Tenant (or immediately without any notice in the case of an emergency) to perform such maintenance or repair at Tenant’s sole cost and expense. Tenant shall pay to Landlord the cost of such maintenance or repair plus a ten five percent (105%) administration fee within ten (10) Business Days of written demand from Landlord. Tenant shall, at its sole cost and expense, enter into a regularly scheduled preventative maintenance/service contract with a maintenance contractor for servicing all hot water, heating, ventilation and air conditioning systems and equipment located within or dedicated solely to the Premises. The maintenance contractor and the contract must be approved in advance by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. The service contracts must include all services recommended by the equipment manufacturer within the operation/maintenance manual and shall become effective (and a copy of such contract or contracts delivered to Landlord) within thirty (30) days after written demand from Landlord, accompanied by reasonably appropriate back-up. Notwithstanding following the foregoing, if at any time during date Tenant takes possession of the Lease Term, Landlord determines, in Landlord’s reasonable discretion, that repairs or maintenance need to be performed by Tenant as required hereunder, Landlord shall provide Tenant with written notice thereofPremises.
Appears in 1 contract
Samples: Office Lease (Mannkind Corp)
Maintenance and Repair by Tenant. 4.2.1 Except as is expressly set forth as Landlord’s responsibility pursuant to the paragraph captioned “Maintenance and Repair by Landlord,.” Tenant shall at Tenant’s sole cost and expense keep, clean and maintain the Premises and the Furniture in good condition and repair, including interior painting, cleaning of the interior side of all exterior glass, plumbing and utility fixtures and installations within the Premisesinstallations, carpets and floor coverings, all interior wall surfaces and coverings (including tile and paneling), window replacement (only if Tenant or Tenant’s Agent caused the window to crack or shatter)replacement, exterior and interior doors, roof penetrations and membranes in connection with any Tenant installations on the roof, light bulb replacement and reasonable interior preventative maintenance. All maintenance and repairs made by Tenant must comply with the requirements set If, after no less than ten (10) days written notice from Landlord setting forth in detail any alleged deficiencies in Tenant’s performance under this paragraph (or immediately and without notice in the subparagraph captioned “Work Performance” and with Landlord’s sustainability practices and any applicable Green Agency Ratingcase of an emergency), as the same may change from time to time. If Tenant fails continues in its failure to maintain or repair the Premises and the Furniture in accordance with this paragraph, then Landlord may, but shall not be required to, enter the Premises upon two (2) Business Days prior written notice to Tenant (or immediately without any notice in the case of an emergency) to perform such maintenance or repair at Tenant’s sole cost and expense. Tenant shall pay to Landlord the actual and documented cost of such maintenance or repair plus a ten percent (10%) administration fee within thirty ten (3010) days after Business Days of written demand from Landlord.
4.2.2 Without limiting the generality of paragraph 4.2.1 hereof, accompanied Tenant shall be responsible at Tenant’s sole cost and expense for the maintenance, repair and/or replacement of any special heating, ventilating, air conditioning, plumbing, electrical or other systems and fixtures installed solely to service the Premises, whether installed or paid for by reasonably appropriate back-up. Notwithstanding the foregoing, if at any time during the Lease Term, Landlord determines, in Landlord’s reasonable discretion, that repairs or maintenance need to be performed by Tenant as required hereunder, Landlord shall provide Tenant with written notice thereofTenant.
Appears in 1 contract
Samples: Gross Lease (TNS Inc)
Maintenance and Repair by Tenant. Except as is expressly set forth as Landlord’s responsibility pursuant to the paragraph Section captioned “Maintenance and Repair by Landlord,” and except to the extent the necessity for any such repairs or replacements results from the gross negligence or willful misconduct of Landlord or Landlord’s Agents (but subject in such event to the waiver of subrogation contained herein), Tenant shall at Tenant’s sole cost and expense keepclean, clean keep and maintain the interior non-structural portions of the Premises in good condition and repair, ordinary wear and tear excepted, including interior painting, clean the interior side of all exterior glass, plumbing and utility fixtures and installations within the Premisesinstallations, carpets and floor coverings, all interior wall surfaces and coverings (including tile and paneling), window replacement (only if Tenant or Tenant’s Agent caused the window to crack or shatter), exterior and cleaning interior doors, roof penetrations and membranes in connection with any Tenant installations on the roof, non-building standard light bulb replacement (which lighting purchases must comply with Landlord’s sustainability practices and shall be reported to Landlord in a format reasonably suitable to Landlord), interior preventative maintenancemaintenance and any supplemental maintenance referred to in the last sentence of this paragraph. All maintenance and repairs made by Tenant must comply with the requirements set forth in the subparagraph captioned “Work Performance” and with Landlord’s sustainability practices and any applicable Green Agency Rating, as the same may change from time to time. If Tenant fails to maintain or repair the Premises in accordance with this paragraphSection 4.2, then Landlord may, but shall not be required to, enter the Premises upon two five (25) Business Days prior written notice to Tenant (or immediately without any notice in the case of an emergency) to perform such maintenance or repair at Tenant’s sole cost and expense. Tenant shall pay to Landlord the cost of such maintenance or repair plus a ten five percent (105%) administration fee within thirty (30) days after of written demand from Landlord. Tenant shall, accompanied at its sole cost and expense, enter into a regularly scheduled preventative maintenance/service contract with a maintenance contractor for servicing all supplemental heating, ventilation and air conditioning systems and equipment located within or dedicated solely to the Premises which were installed by or for Tenant. The maintenance contractor and the contract must be reasonably appropriate back-up. Notwithstanding the foregoing(other than with respect to union requirements, if at any time during the Lease Term, Landlord determines, which shall be in Landlord’s reasonable sole and absolute discretion, that repairs ) approved in advance by Landlord. The service contracts must include all services recommended by the equipment manufacturer within the operation/maintenance manual and shall become effective (and a copy of such contract or maintenance need contracts delivered to be performed by Landlord) within thirty (30) days following the date Tenant as required hereunder, Landlord shall provide Tenant with written notice thereoftakes possession of the Premises.
Appears in 1 contract
Maintenance and Repair by Tenant. Except as Tenant shall be responsible for all maintenance, repair and replacement to the Premises of whatsoever kind or nature that is expressly not hereinafter set forth specifically as the obligation of Landlord’s responsibility pursuant to the paragraph captioned “Maintenance and Repair by Landlord,” . Tenant shall at Tenant’s sole cost and expense keep, clean and maintain take good care of the Premises and fixtures, and keep them in good condition repair and repairfree from filth, including interior paintingoverloading, plumbing danger of fire or any pest or nuisance, and utility fixtures and installations within the Premises, carpets and floor coverings, all interior wall surfaces and coverings (including tile and paneling), window repair and/or replacement (only if any damage or breakage done by Tenant or Tenant’s Agent caused agents, employees or invitees, including damage done to the window to crack Building by Tenant’s equipment or shatter), exterior installations. Tenant shall be responsible for the repair and interior doors, roof penetrations replacement of all glass and membranes in connection with any Tenant installations plate glass on the roofPremises. Tenant shall furnish and pay for the upkeep, maintenance, repair, replacement and interior preventative maintenanceperiodic servicing of the heating, ventilation and air conditioning system servicing the Premises, by entering into and keeping in effect during a contract for such services with a well qualified professional contractor which contract shall provide inter alia for not less than four (4) inspections annually and for the replacement of defective parts. All maintenance Evidence of such contracts will be delivered to Landlord prior to the commencement of the Term of this Lease and repairs made by Tenant must comply with the requirements set forth in the subparagraph captioned “Work Performance” and with Landlord’s sustainability practices and any applicable Green Agency Rating, as the same may change from time to timetime thereafter not less than thirty (30) days prior to expiration of the then existing contract. If At the end of the Term of this Lease or any renewal hereof, Tenant shall quit and surrender the Premises broom clean in as good condition as when received by Tenant, normal wear and tear excepted. In the event Tenant fails to maintain or repair the Premises in accordance with this paragraph, then as provided for herein Landlord mayshall have the right, but shall not be required tothe obligation, enter the Premises upon two (2) Business Days prior written notice to Tenant (or immediately without any notice in the case of an emergency) to perform such maintenance or maintenance, repair at Tenant’s sole cost and expense. replacement as is required of Tenant in which event Tenant shall pay to promptly reimburse Landlord the cost of for its costs in providing such maintenance or repair plus repairs together with a ten percent (10%) administration fee within thirty (30) days after written demand from Landlord, accompanied by reasonably appropriate back-up. Notwithstanding the foregoing, if at any time during the Lease Term, Landlord determines, in charge for Landlord’s reasonable discretion, that repairs or maintenance need to be performed by Tenant as required hereunder, Landlord shall provide Tenant with written notice thereofoverhead.
Appears in 1 contract
Maintenance and Repair by Tenant. Except as is expressly set forth as Landlord’s 's responsibility pursuant to the paragraph captioned “"Maintenance and Repair by Landlord,” " Tenant shall shall, at Tenant’s 's sole cost and expense keepexpense, clean keep and maintain the Premises in good condition and repair, including (a) interior painting, (b) cleaning of the entire Project, including the interior and exterior sides of all exterior glass, (c) plumbing and utility fixtures and installations within the Premisesinstallations, (d) carpets and floor coverings, (e) all interior and exterior wall surfaces and coverings (including tile and paneling, (f) replacement of all broken windows (including without limitation any exterior windows), window replacement (only if Tenant or Tenant’s Agent caused the window to crack or shatter), g) exterior and interior doorsdoors to the Premises, roof penetrations (g) light bulb replacement, (h) reasonable preventative maintenance of the entire Project, including any and membranes in connection with any Tenant installations on the roofall heating, ventilation and interior preventative maintenance. All maintenance and repairs made by Tenant must comply with the requirements set forth in the subparagraph captioned “Work Performance” and with Landlord’s sustainability practices and any applicable Green Agency Rating, as the same may change from time to timeair conditioning equipment. If Tenant fails to maintain or repair the Premises Project in accordance with this paragraph, then Landlord may, but shall not be required to, enter the Premises upon two five (25) Business Days prior written notice to Tenant (or immediately without any notice in the case of an emergency) to perform such maintenance or repair at Tenant’s 's sole cost and expense. Tenant shall pay to Landlord the reasonable cost of such maintenance or repair plus a ten percent (10%) administration fee within thirty ten (3010) days after Days of written demand from Landlord, accompanied by . Tenant shall contract directly with contractors reasonably appropriate back-upacceptable to Landlord for the completion of Tenant's maintenance and repair obligations set forth above. Notwithstanding the foregoing, if at any time during the Lease Term, Landlord determines, The contracts with such contractors shall be in Landlord’s reasonable discretion, that repairs or maintenance need to be performed by Tenant as required hereunder, Landlord shall provide Tenant with written notice thereof.form
Appears in 1 contract
Samples: Lease (Netlibrary Inc)
Maintenance and Repair by Tenant. Except as is expressly set forth as Landlord’s responsibility pursuant to the paragraph captioned “Maintenance and Repair by Landlord,” Tenant shall shall, at Tenant’s sole its own cost and expense expense, keep, clean maintain and maintain repair the Premises Premises, including all buildings and improvements of every kind which may be a part thereof, (whether interior or exterior, structural or non-structural); all heating, electrical, air conditioning, ventilating and plumbing equipment therein; and all appurtenances thereto, including sidewalks and parking areas adjacent thereto, in good condition and repair, including interior paintingand shall repair, plumbing restore and utility fixtures replace any such improvements which may become inoperable or be destroyed or damaged by fire, casualty or any other cause. Tenant shall comply with all federal, state, county, municipal and installations within other governmental statutes, ordinances, laws and regulations affecting the Premises and improvements thereon, or any activity or condition on or in the Premises. Tenant shall, carpets and floor coveringsat its own expense, all interior wall surfaces and coverings (including tile and paneling), window replacement (only if Tenant or Tenant’s Agent caused the window to crack or shatter), exterior and interior doors, roof penetrations and membranes in connection with any Tenant installations on the roof, and interior preventative maintenance. All maintenance and repairs made by Tenant must comply with the requirements set forth in the subparagraph captioned “Work Performance” and with Landlord’s sustainability practices and any applicable Green Agency Rating, as the same may change from time to time. If Tenant fails to maintain or repair keep the Premises in accordance sanitary, clean and neat order and keep the sidewalks and parking area free of snow and trash. At Landlord's option, subsequent to reasonable notice given by Landlord to Tenant, either generally or with this paragraphregard to a specific circumstance, then Landlord maymay undertake to keep and maintain sidewalks, but shall not be required toparking areas, enter and other exterior improvements other than the exterior portions of buildings upon Tenant's failure to do so, at Tenant's expense. Without limiting any of its other rights hereunder Landlord retains the right to landscape, construct and maintain drainage and storm water control xxxxxx, construct a fence, and erect signs in accord with applicable landscaping standards and criteria in the area of the Premises upon two (2) Business Days prior written notice which borders on and is within fifty feet of roadways or which is designated as a water detention area. In addition, any lands in restored prairie areas shall be kept and maintained by Landlord at Landlord's expense and Landlord reserves the right to Tenant (or immediately without any notice in enter such areas for the case purpose of an emergency) to perform such maintenance or repair at Tenant’s sole cost and expense. Tenant shall pay to Landlord maintaining the cost of such maintenance or repair plus a ten percent (10%) administration fee within thirty (30) days after written demand from Landlord, accompanied by reasonably appropriate back-up. Notwithstanding the foregoing, if at any time during the Lease Term, Landlord determines, in Landlord’s reasonable discretion, that repairs or maintenance need to be performed by Tenant as required hereunder, Landlord shall provide Tenant with written notice thereofsame.
Appears in 1 contract
Samples: Ground Lease (Invitrogen Corp)
Maintenance and Repair by Tenant. Except as is expressly set forth as Landlord’s responsibility pursuant Tenant shall be responsible for all non-structural maintenance and repairs to the paragraph captioned “Maintenance Premises of whatever kind or nature, including those with respect to the ventilation and Repair by Landlord,” air conditioning systems. Tenant shall at Tenant’s sole cost keep all fixtures and expense keepthe non-structural components of the Building, clean including, without limitation, the mechanical systems, life safety systems, plumbing, lighting, heating, air conditioning, ventilation, electricity, interior walls, ceilings, floors, windows, doors, landscaping, driveways, parking lots, and maintain the Premises loading doors in good condition repair and repairoperating condition. Tenant will keep the interior of the Building in good repair and free from filth, including interior paintingoverloading, plumbing danger of fire or any pest or nuisance, and utility fixtures and installations within the Premises, carpets and floor coverings, all interior wall surfaces and coverings (including tile and paneling), window replacement (only if repair and/or replace any damage or breakage done by Tenant or Tenant’s Agent caused agents, employees, or invitees. To the window extent that a repair to crack the interior of the Building or shatterany equipment therein is covered by warranty granted to Landlord (if any), exterior Landlord will make every reasonable effort to enforce that warranty on behalf of Tenant to effectuate said repair. Otherwise, Tenant shall be responsible for all repairs to the interior of the Building and interior doorsto Tenant’s equipment contained therein, roof penetrations except as specifically set forth herein. Tenant shall be responsible for the repair and membranes in connection with any Tenant installations replacement of all glass and plate glass on the roofPremises, and interior preventative maintenanceincluding damage done to the Premises by Tenant’s equipment or installations. All maintenance and repairs made by Tenant must comply with In the requirements set forth in the subparagraph captioned “Work Performance” and with Landlord’s sustainability practices and any applicable Green Agency Rating, as the same may change from time to time. If event Tenant fails to maintain or repair the Premises in accordance with this paragraphinterior of the Building as provided for herein, then Landlord mayshall have the right, but shall not be required tothe obligation, enter the Premises upon two (2) Business Days prior written notice to Tenant (or immediately without any notice in the case of an emergency) to perform such maintenance or and repair at Tenant’s sole cost and expense. as is required of Tenant in which event Tenant shall pay to promptly reimburse Landlord the cost of for its costs in providing such maintenance or repair plus repairs together with a ten percent (10%) administration fee within thirty (30) days after written demand from Landlord, accompanied by reasonably appropriate back-up. Notwithstanding the foregoing, if at any time during the Lease Term, Landlord determines, in percent charge for Landlord’s reasonable discretion, that repairs or maintenance need to be performed by Tenant as required hereunder, Landlord shall provide Tenant with written notice thereofoverhead.
Appears in 1 contract
Samples: Asset Purchase Agreement (Cellu Tissue Holdings, Inc.)
Maintenance and Repair by Tenant. 4.2.1 Except as is expressly set forth as Landlord’s responsibility pursuant to the paragraph captioned Section entitled “Maintenance and Repair by Landlord,” Tenant shall shall, at Tenant’s sole cost and expense keepexpense, keep clean and maintain the Premises in good condition and repair, including interior painting, plumbing and utility fixtures and installations within located in the Premises, carpets and floor coverings, all interior wall surfaces and coverings (including tile and paneling), window replacement (only if Tenant or Tenant’s Agent caused the window to crack or shatterexcluding exterior windows), exterior entry and interior doors, roof penetrations and membranes in connection with any Tenant installations on the roof, light bulb replacement (which lighting purchases must comply with Landlord’s sustainability practices and shall be reported to Landlord in a format suitable to Landlord) and interior preventative maintenance. All maintenance and repairs made by Tenant must comply with the requirements set forth in the subparagraph captioned “Work Performance” and with Landlord’s sustainability practices and any applicable Green Agency Rating, as the same may change from time to time. If Tenant fails to maintain or repair the Premises in accordance with this paragraphSection 4.2, then Landlord may, but shall not be required to, enter the Premises upon two five (25) Business Days prior written notice to Tenant (or immediately without any notice in the case of an emergency) to perform such maintenance or repair at Tenant’s sole cost and expense. Tenant shall pay to Landlord the cost of such maintenance or repair plus a ten fifteen percent (1015%) administration fee within thirty ten (3010) days after Business Days of written demand from Landlord.
4.2.2 Without limiting the generality of subsections 3.5.5 or 4.2.1 hereof, accompanied Tenant shall be responsible at Tenant’s sole cost and expense for the maintenance, repair and/or replacement of any special heating, ventilating, air conditioning, plumbing, electrical or other systems and fixtures installed solely to service the Premises, whether installed or paid for by reasonably appropriate back-up. Notwithstanding the foregoing, if at any time during the Lease Term, Landlord determines, in Landlord’s reasonable discretion, that repairs or maintenance need to be performed by Tenant as required hereunder, Landlord shall provide Tenant with written notice thereofTenant.
Appears in 1 contract
Maintenance and Repair by Tenant. Except as is expressly set forth as Landlord’s 's responsibility pursuant to the paragraph captioned “Maintenance and Repair by Landlord"MAINTENANCE AND REPAIR BY LANDLORD,” " Tenant shall at Tenant’s 's sole cost and expense keep, clean keep and maintain all portions of the Premises in good condition and repair, other than ordinary wear and tear, including interior painting, cleaning of the interior side of all exterior glass, plumbing and utility fixtures and installations within the Premisesinstallations, carpets and floor coverings, all interior wall surfaces and coverings (including tile and paneling), window replacement of all broken windows (only if Tenant or Tenant’s Agent caused the window to crack or shatterincluding without limitation any exterior windows), exterior and interior doors, roof penetrations and membranes in connection with any Tenant installations on the roofroof including satellite dishes, light bulb replacement and interior preventative maintenance. All maintenance and repairs made by Tenant must comply with the requirements set forth in the subparagraph captioned “Work Performance” and with Landlord’s sustainability practices and any applicable Green Agency Rating, as the same may change from time to time. If Tenant fails to maintain or repair the Premises in accordance with this paragraph, then Landlord may, but shall not be required to, enter the Premises upon two ten (210) Business Days prior written notice to Tenant (or immediately without any notice in the case of an emergency) to perform such maintenance or repair at Tenant’s 's sole cost and expense. Tenant shall pay to Landlord the cost of such maintenance or repair plus a ten twelve and one-half percent (1012.5%) administration fee fee, within ten (10) Business Days of written demand from Landlord. Tenant shall, at its own cost and expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor for servicing all hot water, heating and air conditioning systems and equipment located within or dedicated solely to the Premises. The maintenance contractor and the contract must be approved by Landlord, which approval shall not be unreasonably withheld. Landlord shall maintain and replace all heating and air conditioning systems not solely serving the Premises, and all costs associated therewith shall be included as part of Operating Costs, in accordance with Section 3.4 above; provided however, that notwithstanding anything to the contrary contained herein, at Landlord's option, Landlord shall maintain the heating, ventilating and air conditioning systems and equipment exclusively serving the Premises, and all costs associated with such maintenance by Landlord shall be paid for by Tenant as Additional Rent upon demand by Landlord. The service contracts shall include all services recommended by the equipment manufacturer within the operation/maintenance manual and shall become effective (and a copy thereof delivered to Landlord) within thirty (30) days after written demand from Landlord, accompanied by reasonably appropriate back-up. Notwithstanding following the foregoing, if at any time during date Tenant takes possession of the Lease Term, Landlord determines, in Landlord’s reasonable discretion, that repairs or maintenance need to be performed by Tenant as required hereunder, Landlord shall provide Tenant with written notice thereofPremises.
Appears in 1 contract
Samples: Industrial Lease (Oakley Inc)
Maintenance and Repair by Tenant. Except as is expressly set forth as -------------------------------- Landlord’s 's responsibility pursuant to the paragraph captioned “"Maintenance and --------------- Repair by Landlord,” " Tenant shall at Tenant’s 's sole cost and expense keep, clean keep and ------------------ maintain the Premises in good condition and repair, including interior painting, cleaning of the interior side of all exterior glass, plumbing and utility fixtures and installations within the Premises, carpets and floor coverings, all interior wall surfaces and coverings (including tile and paneling), window replacement of all broken windows (only if Tenant or Tenant’s Agent caused the window to crack or shatterincluding without limitation any exterior windows), exterior and interior doors, roof penetrations and membranes in connection with any Tenant installations on the roofroof including satellite dishes, light bulb replacement and ordinary interior preventative maintenance. All maintenance and repairs made by Tenant must comply with the requirements set forth in the subparagraph captioned “Work Performance” and with Landlord’s sustainability practices and any applicable Green Agency Rating, as the same may change from time to time. If Tenant fails to maintain or repair the Premises in accordance with this paragraphparagraph and such failure continues beyond applicable notice and cure periods, then Landlord may, but shall not be required to, enter the Premises upon two (2) Business Days prior written notice to Tenant (or immediately without any notice in the case of an emergency) to perform such maintenance or repair at Tenant’s 's sole cost and expense. Tenant shall pay to Landlord the cost of such maintenance or repair plus a ten fifteen percent (1015%) administration fee within ten (10) Business Days of written demand from Landlord. Tenant shall, at its sole cost and expense, enter into a regularly scheduled preventative maintenance/service contract with a maintenance contractor for servicing all hot water, heating and air conditioning systems and equipment located within or dedicated solely to the Premises. The maintenance contractor and the contract must be approved in advance by Landlord, which approval shall not unreasonably be withheld or delayed. The service contracts must include all services recommended by the equipment manufacturer within the operation/maintenance manual and shall become effective (and a copy of such contract or contracts delivered to Landlord) within thirty (30) days after written demand from following the Commencement Date. Upon request by Landlord, accompanied by reasonably appropriate back-up. Notwithstanding the foregoing, if at any time during the Lease Term, Landlord determines, in Landlord’s reasonable discretion, that repairs or maintenance need to be performed by Tenant as required hereunder, Landlord shall provide Tenant Landlord with written notice thereofcopies of such service contracts.
Appears in 1 contract
Samples: Lease (Sonosite Inc)
Maintenance and Repair by Tenant. Except as Tenant shall be responsible for all -------------------------------- maintenance and repair to the Premises of whatsoever kind or nature that is expressly not hereinafter set forth specifically as the obligation of Landlord’s responsibility pursuant . Tenant shall take good care of the Premises and fixtures, and keep them in good repair and free from filth, overloading, danger of fire or any pest or nuisance, and repair any damage or breakage done by Tenant or Tenant's agents, employees or invitees, including damage done to the paragraph captioned “Maintenance and Repair Building by Landlord,” Tenant's equipment or installations. Tenant shall be responsible for the repair and replacement of all glass and plate glass on the Premises. Tenant shall furnish and pay for the upkeep, maintenance, repair and periodic servicing of the heating, ventilation and air conditioning system servicing the Premises, except that Landlord, at Landlord's option, may elect to enter into a service contract for the heating, ventilation and air conditioning equipment for periodic inspection of such equipment and if Landlord so elects, Tenant shall pay as Additional Rent, as part of Common Area Expenses, Tenant’s sole 's Proportionate Share of the cost and expense keepof the service and inspection provided pursuant to such contract. At the end of the Lease Term or any renewal thereof, clean Tenant shall quit and maintain surrender the Premises broom clean in as good condition as when received by Tenant, normal wear and repair, including interior painting, plumbing and utility fixtures and installations within tear excepted. In the Premises, carpets and floor coverings, all interior wall surfaces and coverings (including tile and paneling), window replacement (only if Tenant or Tenant’s Agent caused the window to crack or shatter), exterior and interior doors, roof penetrations and membranes in connection with any Tenant installations on the roof, and interior preventative maintenance. All maintenance and repairs made by Tenant must comply with the requirements set forth in the subparagraph captioned “Work Performance” and with Landlord’s sustainability practices and any applicable Green Agency Rating, as the same may change from time to time. If event Tenant fails to maintain or repair the Premises in accordance with this paragraph, then as provided for herein Landlord mayshall have the right, but shall not be required tothe obligation, enter the Premises upon two (2) Business Days prior written notice to Tenant (or immediately without any notice in the case of an emergency) to perform such maintenance or repair at Tenant’s sole cost and expense. as is required of Tenant in which event Tenant shall pay to promptly reimburse Landlord the for its cost of in providing such maintenance or repair plus repairs together with a ten percent (10%) administration fee within thirty (30) days after written demand from charge for Landlord's overhead. There shall be no overhead charge in connection with the servicing of the heating, accompanied by reasonably appropriate back-up. Notwithstanding the foregoing, air conditioning and ventilation equipment if at any time during the Lease Term, Landlord determines, in Landlord’s reasonable discretion, that repairs or maintenance need has elected to be performed by Tenant as required hereunder, Landlord shall provide Tenant with written notice thereofsuch service under this Section.
Appears in 1 contract
Maintenance and Repair by Tenant. Except as is expressly set forth as Landlord’s 's responsibility pursuant to the paragraph captioned “Maintenance and Repair by Landlord"MAINTENANCE AND REPAIR BY LANDLORD,” " Tenant shall at Tenant’s 's sole cost and expense keep, clean keep and maintain all portions of the Premises in good condition and repair, including interior including, without limitation, the structure of the Premises, painting, cleaning of all exterior glass, plumbing and utility fixtures and installations within the Premisesinstallations, carpets and floor coverings, all interior wall surfaces and coverings (including tile and paneling), window replacement of all broken windows (only if Tenant or Tenant’s Agent caused the window to crack or shatterincluding without limitation any exterior windows), exterior and interior doors, roof penetrations and membranes in connection with any Tenant installations on the roofroof in accordance with Section 4.4 below, including satellite dishes, light bulb replacement and interior preventative maintenance. All maintenance and repairs made by Tenant must comply with the requirements set forth in the subparagraph captioned “Work Performance” and with Landlord’s sustainability practices and any applicable Green Agency Rating, as the same may change from time to time. If Tenant fails to maintain or repair the Premises in accordance with this paragraph, and there is an imminent threat of damage to person or property (as reasonably determined by Landlord), then Landlord may, but shall not be required to, enter the Premises upon two (2) Business Days prior written notice to Tenant (or immediately without any notice in the case of an emergency) to perform such maintenance or repair at Tenant’s 's sole cost and expense. Tenant shall pay to Landlord the cost of such maintenance or repair plus a ten percent (10%) administration fee fee, within thirty twenty (3020) days after Business Days of written demand from Landlord. Tenant shall, accompanied at its own cost and expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor for servicing all hot water, heating and air conditioning systems and equipment located within or dedicated solely to the Premises. The maintenance contractor and the contract must be reasonably approved in advance by reasonably appropriate backLandlord. The service contracts shall include all services recommended by the equipment manufacturer within the operation/maintenance manual and shall become effective (and a copy thereof delivered to Landlord) within forty-up. Notwithstanding five (45) days following the foregoing, if at any time during date Tenant takes possession of the Lease Term, Landlord determines, in Landlord’s reasonable discretion, that repairs or maintenance need to be performed by Tenant as required hereunder, Landlord shall provide Tenant with written notice thereofPremises.
Appears in 1 contract
Samples: Industrial Lease Agreement (Childrens Place Retail Stores Inc)
Maintenance and Repair by Tenant. Except as is expressly set forth as Landlord’s 's responsibility pursuant to the paragraph captioned “"Maintenance and Repair by Landlord,” " Tenant shall at Tenant’s 's sole cost and expense keep, clean keep and maintain the Premises in good condition and repair, including interior painting, cleaning of the interior side of all exterior glass, plumbing and utility fixtures and installations within if repair of the Premisesaforesaid plumbing and utility fixtures and installations is necessitated by the act or negligence of Tenant or Tenant's Agents (except for any plumbing fixtures such as dishwashers, disposals and the like installed in the Premises for Tenant's exclusive use, which in all events shall be the responsibility of Tenant to keep and maintain in good order and repair at its own cost and expense), carpets and floor coverings, all interior wall surfaces and coverings (including tile and paneling), window replacement of all broken windows (only including without limitation any exterior windows) if repair of windows is necessitated by the act or negligence of Tenant or Tenant’s Agent caused the window to crack or shatter)'s Agents, exterior and interior doors, roof penetrations and membranes in connection with any Tenant installations on the roofroof including satellite dishes, light bulb replacement and interior preventative maintenance. All maintenance and repairs made by Tenant must comply with the requirements set forth in the subparagraph captioned “Work Performance” and with Landlord’s sustainability practices and any applicable Green Agency Rating, as the same may change from time to time. If Tenant fails to maintain or repair the Premises in accordance with this paragraph, then Landlord may, but shall not be required to, enter the Premises upon two (2) Business Days prior written notice to Tenant (or immediately without any notice in the case of an emergency) to perform such maintenance or repair at Tenant’s 's sole cost and expense. Tenant shall pay to Landlord the cost of such maintenance or repair plus a within ten percent (10%) administration fee within thirty (30) days after Business Days of written demand from Landlord, accompanied by reasonably appropriate back-up. Notwithstanding the foregoing, if at any time during the Lease Term, Landlord determines, in Landlord’s reasonable discretion, that repairs or maintenance need to be performed by Tenant as required hereunder, Landlord shall provide Tenant with written notice thereof.
Appears in 1 contract
Samples: Lease (Healthgate Data Corp)
Maintenance and Repair by Tenant. 4.2.1 Except as is expressly set forth as Landlord’s 's responsibility pursuant to the paragraph captioned “"Maintenance and Repair by Landlord,” " Tenant shall at Tenant’s 's sole cost and expense keep, clean and maintain the Premises in good condition and repair, subject to reasonable wear and tear, including interior painting, cleaning of the interior side of all exterior glass, plumbing and utility fixtures and installations within the Premisesinstallations, carpets and floor coverings, all interior wall surfaces and coverings (including tile and paneling), interior window replacement (only if Tenant or Tenant’s Agent caused the window to crack or shatterany), exterior and interior doors, roof penetrations and membranes in connection with any Tenant installations on the roof, light bulb replacement and interior preventative maintenance. All maintenance and repairs made by Tenant must comply with the requirements set forth in the subparagraph captioned “Work Performance” and with Landlord’s sustainability practices and any applicable Green Agency Rating, as the same may change from time to time. If Tenant fails to maintain or repair the Premises in accordance with this paragraph, then Landlord may, but shall not be required to, enter the Premises upon two five (25) Business Days prior written notice to Tenant (or immediately without any notice in the case of an emergency) to perform such maintenance or repair at Tenant’s 's sole cost and expense. Tenant shall pay to Landlord the cost of such maintenance or repair plus a ten percent (10%) administration fee within thirty ten (3010) days after Business Days of written demand from Landlord.
4.2.2 Without limiting the generality of paragraph 4.2.1 hereof, accompanied Tenant shall be responsible at Tenant's sole cost and expense for the maintenance, repair and/or replacement of any special heating, ventilating, air conditioning, plumbing, electrical or other systems and fixtures installed solely to service the Premises, whether installed or paid for by reasonably appropriate back-up. Notwithstanding the foregoing, if at any time during the Lease Term, Landlord determines, in Landlord’s reasonable discretion, that repairs or maintenance need to be performed by Tenant as required hereunder, Landlord shall provide Tenant with written notice thereofTenant.
Appears in 1 contract
Samples: Lease (United Bancshares Inc /Pa)
Maintenance and Repair by Tenant. Except as is expressly set forth as Landlord’s 's responsibility pursuant to the paragraph captioned “Maintenance and Repair by Landlord"MAINTENANCE AND REPAIR BY LANDLORD,” " Tenant shall at Tenant’s 's sole cost and expense keep, clean keep and maintain the Premises in good condition and repair, including HVAC systems (as limited below), interior painting, cleaning of the interior side of all exterior glass, plumbing and utility fixtures and installations within the Premisesinstallations, carpets and floor coverings, all interior wall surfaces and coverings (including tile and paneling), window replacement of all broken windows (only if Tenant or Tenant’s Agent caused the window to crack or shatterincluding without limitation any exterior windows), exterior and interior doors, roof penetrations and membranes in connection with any Tenant installations on the roofroof including satellite dishes, light bulb replacement and interior preventative maintenance. All maintenance and repairs made by Tenant must comply with the requirements set forth in the subparagraph captioned “Work Performance” and with Landlord’s sustainability practices and any applicable Green Agency Rating, as the same may change from time to time. If Tenant fails to maintain or repair the Premises in accordance with this paragraph, then Landlord may, but shall not be required to, enter the Premises Premises, accompanied by Tenant's agent if desired by Tenant, upon two (2) Business Days prior written notice (which shall include the approximate scheduled time of entry) to Tenant (or immediately without any notice in the case of an emergency) to perform such maintenance or repair at Tenant’s 's sole cost and expense. Tenant shall pay to Landlord the cost of such maintenance or repair plus a ten percent (10%) administration fee within thirty (30) days after of written demand from Landlord, accompanied by reasonably appropriate back-up. Notwithstanding Provided Tenant otherwise maintains the foregoing, if at any time during the Lease Term, Landlord determines, HVAC systems in Landlord’s reasonable discretion, that repairs or maintenance need to be performed by Tenant good condition and repair as required hereunderby this Lease, Landlord shall provide be responsible for all costs of repair and replacement thereof to the extent the same exceeds $0.085, per leased square foot of the Premises, in any calendar year; PROVIDED, that (a) any costs so expended by Landlord shall be Operating Costs for the Center, and (b) if Tenant with written notice thereofupgrades the HVAC systems, any maintenance and repair costs attributable to any such upgrade shall not count towards determining costs in excess of $0.085 per leased square foot of the Premises.
Appears in 1 contract
Samples: Lease Agreement (Integrated Measurement Systems Inc /Or/)
Maintenance and Repair by Tenant. Except as is expressly set forth as -------------------------------- Landlord’s responsibility pursuant to the paragraph captioned “Maintenance and Repair by Landlord,” 's responsibility, Tenant shall at Tenant’s 's sole cost and expense keep, clean keep and maintain the Premises in good condition and repair, including interior paintingthe performance of maintenance and repair of Tenant's furniture, plumbing fixtures, and utility fixtures equipment, including computers and installations within telephone systems and the Premises, carpets and floor coverings, all interior wall surfaces and coverings (including tile and paneling), window replacement (only if repair of damage caused by the negligent or willfully wrongful acts of Tenant or Tenant’s Agent caused the window to crack or shatter), exterior and interior doors, roof penetrations and membranes in connection with any Tenant installations on the roof, and interior preventative maintenance. All maintenance and repairs made by Tenant must comply with the requirements set forth in the subparagraph captioned “Work Performance” and with Landlord’s sustainability practices and any applicable Green Agency Rating, as the same may change from time to time's Agents. If Tenant fails to maintain or repair the Premises or any other areas under its control pursuant to this Lease, (e.g., the site of the generator pursuant to Section 4.33) in accordance with this paragraphSection, then Landlord may, but shall not be required to, enter the Premises upon two (2) Business Days prior written notice to Tenant (or immediately without any notice in the case of an emergency) to perform such maintenance or repair at Tenant’s 's sole cost and expense. Tenant shall pay to Landlord the commercially reasonable cost of such maintenance or repair plus a within ten percent (10%) administration fee Business Days of written demand from Landlord. Tenant shall, at its sole cost and expense, enter into a regularly scheduled preventative maintenance/service contract with a maintenance contractor for servicing all non-base building hot water, heating and air conditioning systems and equipment dedicated solely to specific areas of the Premises including, without limit, supplemental HVAC units servicing computer rooms, conference or training rooms, or other specialty areas and other items for which Tenant is responsible as provided in this Lease. The maintenance contractors and contracts must be approved in advance by Landlord which approval will not be unreasonably withheld, conditioned or delayed. The service contracts shall become effective (and a copy of such contract or contracts delivered to Landlord upon request) within thirty (30) days after written demand from Landlord, accompanied by reasonably appropriate back-up. Notwithstanding following the foregoing, if at any time during date Tenant takes possession of the Lease Term, Landlord determines, in Landlord’s reasonable discretion, that repairs or maintenance need to be performed by Tenant as required hereunder, Landlord shall provide Tenant with written notice thereofPremises.
Appears in 1 contract
Samples: Lease Agreement (Digex Inc/De)