Maintenance and Repair by Tenant. All repairs to the Leased Premises or to any of the improvements, installations or facilities therein or otherwise related to the Leased Premises, other than those repairs required to be made by Landlord pursuant to Section 10.3 below or Section 18 below, shall be made by Tenant at its sole cost and expense. Tenant shall reimburse Landlord for the cost of repairing all damage done to the Building, the Premises or the Common Areas occasioned by any act or omission of Tenant or Tenant's officers, contractors, agents, invitees, licensees or employees. Without limiting the generality of the foregoing, Tenant shall at all times throughout the Lease Term, at its sole cost and expense, keep the Leased Premises (including the exterior doors and entrances, all windows and moldings and trim of all doors and windows), all partitions, door surfaces, fixtures, equipment and appurtenances thereof (including lighting, heating and plumbing fixtures and systems serving the Leased Premises) and any special equipment installed in the Leased Premises specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment in good order, condition and repair, damage by unavoidable casualty excepted (but not excluding damage from burglary or attempted burglary of the Leased Premises). Also without limiting the generalities of the foregoing, Tenant shall: (i) keep the glass of all windows, doors, and showcases clean and presentable; (ii) replace immediately all broken glass in the Leased Premises; (iii) make any necessary repairs to, or replacements of, all door closure apparatuses and mechanisms; (iv) keep all plumbing within the walls of the Leased Premises or otherwise serving the Leased Premises clean and in a good state of repair including pipes, drains, toilets, and basins; and (v) keep all utilities within or otherwise exclusively serving the Leased Premises in a good state of repair. Any and all damage to the Leased Premises (including but not limited to the Premises Improvements), the Building or Project caused by Tenant, or by any employee, agent, contractor, assignee, subtenant or invitee of Tenant shall be promptly reported to Landlord.
Appears in 2 contracts
Samples: Office Lease (Eddie Bauer Holdings, Inc.), Office Lease (Eddie Bauer Holdings, Inc.)
Maintenance and Repair by Tenant. All repairs 4.2.1 Except as is expressly set forth as Landlord’s responsibility pursuant to the Leased paragraph captioned “Maintenance and Repair by Landlord,” Tenant shall at Tenant’s sole cost and expense keep, clean and maintain the Premises or to any in good condition and repair, including interior painting, cleaning of the improvementsinterior side of all exterior glass, plumbing and utility fixtures and installations, carpets and floor coverings, all interior wall surfaces and coverings (including tile and paneling), window replacement, suite entry doors and interior doors, roof penetrations and membranes in connection with any Tenant installations or facilities therein or otherwise related to on the Leased Premisesroof, other than those repairs required to be made by Landlord pursuant to Section 10.3 below or Section 18 below, 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 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 its Tenant’s sole cost and expense. Tenant shall reimburse pay to Landlord for the cost of repairing all damage done to the Building, the Premises such maintenance or the Common Areas occasioned by any act or omission repair plus a ten percent (10%) administration fee within ten (10) Business Days of Tenant or Tenant's officers, contractors, agents, invitees, licensees or employees. written demand from Landlord.
4.2.2 Without limiting the generality of the foregoingparagraphs 3.5.5 or 4.2.1 hereof, Tenant shall be responsible at all times throughout the Lease Term, at its Tenant’s sole cost and expenseexpense for the maintenance, keep the Leased Premises (including the exterior doors and entrances, all windows and moldings and trim repair and/or replacement of all doors and windows), all partitions, door surfaces, fixtures, equipment and appurtenances thereof (including lighting, heating and plumbing fixtures and systems serving the Leased Premises) and any special equipment heating, ventilating, air conditioning, plumbing, electrical or other systems and fixtures installed in solely to service the Leased Premises specifically Premises, whether installed or paid for by Landlord or Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment in good order, condition and repair, damage by unavoidable casualty excepted (but not excluding damage from burglary or attempted burglary of the Leased Premises). Also without limiting the generalities of the foregoing, Tenant shall: (i) keep the glass of all windows, doors, and showcases clean and presentable; (ii) replace immediately all broken glass in the Leased Premises; (iii) make any necessary repairs to, or replacements of, all door closure apparatuses and mechanisms; (iv) keep all plumbing within the walls of the Leased Premises or otherwise serving the Leased Premises clean and in a good state of repair including pipes, drains, toilets, and basins; and (v) keep all utilities within or otherwise exclusively serving the Leased Premises in a good state of repair. Any and all damage to the Leased Premises (including but not limited to the Premises Improvements), the Building or Project caused by Tenant, or by any employee, agent, contractor, assignee, subtenant or invitee of Tenant shall be promptly reported to Landlord.
Appears in 2 contracts
Samples: Gross Lease (Endurance International Group Holdings, Inc.), Gross Lease (Endurance International Group Holdings, Inc.)
Maintenance and Repair by Tenant. All repairs Except as is expressly set forth as Landlord’s responsibility pursuant to the Leased paragraph captioned “Maintenance and Repair by Landlord,” Tenant shall at Tenant’s sole cost and expense keep, clean and maintain the Premises or to any of in good condition and repair, including interior painting, plumbing and utility fixtures and installations within the improvements, installations or facilities therein or otherwise related to the Leased Premises, other than those 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 required to be made by Landlord pursuant to Section 10.3 below or Section 18 below, shall be 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 its Tenant’s sole cost and expense. Tenant shall reimburse pay to Landlord for the cost of repairing all damage done to the Buildingsuch maintenance or repair plus a ten percent (10%) administration fee within thirty (30) days after written demand from Landlord, the Premises or the Common Areas occasioned accompanied by any act or omission of Tenant or Tenant's officers, contractors, agents, invitees, licensees or employeesreasonably appropriate back-up. Without limiting the generality of Notwithstanding the foregoing, Tenant shall if at all times throughout any time during the Lease Term, at its sole cost and expenseLandlord determines, keep the Leased Premises (including the exterior doors and entrancesin Landlord’s reasonable discretion, all windows and moldings and trim of all doors and windows)that repairs or maintenance need to be performed by Tenant as required hereunder, all partitions, door surfaces, fixtures, equipment and appurtenances thereof (including lighting, heating and plumbing fixtures and systems serving the Leased Premises) and any special equipment installed in the Leased Premises specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment in good order, condition and repair, damage by unavoidable casualty excepted (but not excluding damage from burglary or attempted burglary of the Leased Premises). Also without limiting the generalities of the foregoing, Landlord shall provide Tenant shall: (i) keep the glass of all windows, doors, and showcases clean and presentable; (ii) replace immediately all broken glass in the Leased Premises; (iii) make any necessary repairs to, or replacements of, all door closure apparatuses and mechanisms; (iv) keep all plumbing within the walls of the Leased Premises or otherwise serving the Leased Premises clean and in a good state of repair including pipes, drains, toilets, and basins; and (v) keep all utilities within or otherwise exclusively serving the Leased Premises in a good state of repair. Any and all damage to the Leased Premises (including but not limited to the Premises Improvements), the Building or Project caused by Tenant, or by any employee, agent, contractor, assignee, subtenant or invitee of Tenant shall be promptly reported to Landlordwith written notice thereof.
Appears in 2 contracts
Samples: Office Lease (Audentes Therapeutics, Inc.), Office Lease (Audentes Therapeutics, Inc.)
Maintenance and Repair by Tenant. All repairs Except as is expressly set forth as Landlord’s responsibility pursuant to paragraph 4.1 of this Lease (captioned “Maintenance and Repair by Landlord”), and except for the Leased 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 or to any in good condition and repair, ordinary wear and tear excepted, including interior painting, cleaning of the improvementsinterior side of all exterior glass, plumbing and utility, and installations, carpets and floor coverings, all interior wall surfaces and coverings (including tile and paneling), interior window replacement, exterior and interior doors, roof penetrations and membranes in connection with any Tenant requested installations or facilities therein or otherwise related to on the Leased Premisesroof, other than those repairs required to be made by Landlord pursuant to Section 10.3 below or Section 18 below, 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. Tenant shall use commercially reasonable efforts to ensure that all maintenance and repairs made by Tenant comply 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 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 reasonable maintenance or repair at its Tenant’s sole cost and expense. Tenant shall reimburse pay to Landlord for the cost of repairing all damage done to the Building, the Premises such maintenance or the Common Areas occasioned by any act or omission repair plus a fifteen percent (15%) administration fee within ten (10) Business Days of Tenant or Tenant's officers, contractors, agents, invitees, licensees or employees. Without limiting the generality of the foregoing, Tenant shall at all times throughout the Lease Term, at its sole cost and expense, keep the Leased Premises (including the exterior doors and entrances, all windows and moldings and trim of all doors and windows), all partitions, door surfaces, fixtures, equipment and appurtenances thereof (including lighting, heating and plumbing fixtures and systems serving the Leased Premises) and any special equipment installed in the Leased Premises specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment in good order, condition and repair, damage by unavoidable casualty excepted (but not excluding damage written demand from burglary or attempted burglary of the Leased Premises). Also without limiting the generalities of the foregoing, Tenant shall: (i) keep the glass of all windows, doors, and showcases clean and presentable; (ii) replace immediately all broken glass in the Leased Premises; (iii) make any necessary repairs to, or replacements of, all door closure apparatuses and mechanisms; (iv) keep all plumbing within the walls of the Leased Premises or otherwise serving the Leased Premises clean and in a good state of repair including pipes, drains, toilets, and basins; and (v) keep all utilities within or otherwise exclusively serving the Leased Premises in a good state of repair. Any and all damage to the Leased Premises (including but not limited to the Premises Improvements), the Building or Project caused by Tenant, or by any employee, agent, contractor, assignee, subtenant or invitee of Tenant shall be promptly reported to Landlord.
Appears in 2 contracts
Samples: Deed of Lease (Opower, Inc.), Deed of Lease (Opower, Inc.)
Maintenance and Repair by Tenant. All Tenant shall be responsible for all non-structural maintenance and repairs to the Leased Premises of whatever kind or to any of the improvementsnature, installations or facilities therein or otherwise related including those with respect to the Leased Premises, other than those repairs required to be made by Landlord pursuant to Section 10.3 below or Section 18 below, shall be made by Tenant at its sole cost ventilation and expenseair conditioning systems. Tenant shall reimburse keep all fixtures and the non-structural components of the Building, 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 loading doors in good repair and operating condition. Tenant will keep the interior of the Building in good repair and free from filth, overloading, danger of fire or any pest or nuisance, and repair and/or replace any damage or breakage done by Tenant or Tenant’s agents, employees, or invitees. To the extent that a repair to the interior of the Building or any equipment therein is covered by warranty granted to Landlord (if any), 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 to Tenant’s equipment contained therein, except as specifically set forth herein. Tenant shall be responsible for the cost repair and replacement of repairing all glass and plate glass on the Premises, including damage done to the BuildingPremises by Tenant’s equipment or installations. In the event Tenant fails to maintain the interior of the Building as provided for herein, Landlord shall have the Premises or right, but not the Common Areas occasioned by any act or omission obligation, to perform such maintenance and repair as is required of Tenant or Tenant's officers, contractors, agents, invitees, licensees or employees. Without limiting the generality of the foregoing, in which event Tenant shall at all times throughout the Lease Term, at promptly reimburse Landlord for its sole cost and expense, keep the Leased Premises costs in providing such maintenance or repairs together with a ten (including the exterior doors and entrances, all windows and moldings and trim of all doors and windows), all partitions, door surfaces, fixtures, equipment and appurtenances thereof (including lighting, heating and plumbing fixtures and systems serving the Leased Premises10%) and any special equipment installed in the Leased Premises specifically percent charge for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment in good order, condition and repair, damage by unavoidable casualty excepted (but not excluding damage from burglary or attempted burglary of the Leased Premises). Also without limiting the generalities of the foregoing, Tenant shall: (i) keep the glass of all windows, doors, and showcases clean and presentable; (ii) replace immediately all broken glass in the Leased Premises; (iii) make any necessary repairs to, or replacements of, all door closure apparatuses and mechanisms; (iv) keep all plumbing within the walls of the Leased Premises or otherwise serving the Leased Premises clean and in a good state of repair including pipes, drains, toilets, and basins; and (v) keep all utilities within or otherwise exclusively serving the Leased Premises in a good state of repair. Any and all damage to the Leased Premises (including but not limited to the Premises Improvements), the Building or Project caused by Tenant, or by any employee, agent, contractor, assignee, subtenant or invitee of Tenant shall be promptly reported to Landlord’s overhead.
Appears in 1 contract
Samples: Asset Purchase Agreement (Cellu Tissue Holdings, Inc.)
Maintenance and Repair by Tenant. All repairs Except as is expressly set forth as Landlord's responsibility pursuant to the Leased Premises or to any paragraph captioned "MAINTENANCE AND REPAIR BY LANDLORD," Tenant shall at Tenant's sole cost and expense keep and maintain all portions of the improvements, installations or facilities therein or otherwise related to the Leased PremisesPremises in good condition and repair, other than those repairs ordinary wear and tear, including interior painting, cleaning of the interior side of all exterior glass, plumbing and utility fixtures and installations, carpets and floor coverings, all interior wall surfaces and coverings including tile and paneling, replacement of all broken windows (including without limitation any exterior windows), exterior and interior doors, roof penetrations and membranes in connection with any Tenant installations on the roof including satellite dishes, light bulb replacement and interior preventative maintenance. 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 ten (10) Business Days prior written notice to be made by Landlord pursuant Tenant (or immediately without any notice in the case of an emergency) to Section 10.3 below perform such maintenance or Section 18 below, shall be made by Tenant repair at its Tenant's sole cost and expense. Tenant shall reimburse pay to Landlord for the cost of repairing all damage done to the Buildingsuch maintenance or repair plus a twelve and one-half percent (12.5%) administration fee, the Premises or the Common Areas occasioned by any act or omission within ten (10) Business Days of written demand from Landlord. Tenant or Tenant's officers, contractors, agents, invitees, licensees or employees. Without limiting the generality of the foregoing, Tenant shall at all times throughout the Lease Termshall, at its sole own cost and expense, keep the Leased Premises (including the exterior doors and entrances, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor for servicing all windows and moldings and trim of all doors and windows), all partitions, door surfaces, fixtures, equipment and appurtenances thereof (including lightinghot water, heating and plumbing fixtures 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 Leased Premises) and any special equipment installed in the Leased Premises specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment in good order, condition and repair, damage by unavoidable casualty excepted (but not excluding damage from burglary or attempted burglary of the Leased Premises). Also without limiting the generalities of the foregoing, Tenant shall: (i) keep the glass of all windows, doors, and showcases clean 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 presentable; (ii) replace immediately all broken glass in the Leased Premises; (iii) make any necessary repairs to, or replacements of, all door closure apparatuses air conditioning systems and mechanisms; (iv) keep all plumbing within the walls of the Leased Premises or otherwise serving the Leased Premises clean and in a good state of repair including pipes, drains, toilets, and basins; and (v) keep all utilities within or otherwise equipment exclusively serving the Leased Premises in a good state of repair. Any Premises, and all damage to the Leased Premises (including but not limited to the Premises Improvements), the Building or Project caused costs associated with such maintenance by Tenant, or by any employee, agent, contractor, assignee, subtenant or invitee of Tenant Landlord shall be promptly reported 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 following the date Tenant takes possession of the Premises.
Appears in 1 contract
Samples: Industrial Lease (Oakley Inc)
Maintenance and Repair by Tenant. All repairs to the Leased Premises or to any of the improvements, installations or facilities therein or otherwise related to the Leased Premises, other than those repairs required to be made by Landlord Except as is expressly set forth as Landlord’s responsibility pursuant to Section 10.3 below 4.1 (“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 (subject to reasonable wear and tear), including interior painting, plumbing and utility fixtures and installations, carpets and floor coverings, all interior wall surfaces and coverings (including tile and paneling), window replacement, exterior and interior doors, roof penetrations and membranes in connection with any Tenant installations on the roof, light bulb replacement and interior preventative maintenance. If Tenant fails to maintain or Section 18 below, repair the Premises in accordance with this paragraph and such failure continues for ten (10) Business Days after Landlord delivers written notice to Tenant of such failure (provided that such ten (10) Business Day period shall be made by extended if such failure cannot be cured within ten (10) Business Days and Tenant commences such cure within such ten (10) Business Day period and diligently pursues such cure to completion), then Landlord may, but shall not be required to, enter the Premises upon one (1) Business Day’s prior written notice to Tenant to perform such maintenance or repair at its Tenant’s sole cost and expense. Notwithstanding the foregoing, Landlord may enter the Premises without notice in the case of an emergency. Tenant shall reimburse pay to Landlord for the cost of repairing all damage done to the Building, the Premises such maintenance or the Common Areas occasioned by any act or omission repair plus a ten percent (10%) administration fee within ten (10) Business Days of Tenant or Tenant's officers, contractors, agents, invitees, licensees or employees. Without limiting the generality of the foregoing, Tenant shall at all times throughout the Lease Term, at its sole cost and expense, keep the Leased Premises (including the exterior doors and entrances, all windows and moldings and trim of all doors and windows), all partitions, door surfaces, fixtures, equipment and appurtenances thereof (including lighting, heating and plumbing fixtures and systems serving the Leased Premises) and any special equipment installed in the Leased Premises specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment in good order, condition and repair, damage by unavoidable casualty excepted (but not excluding damage written demand from burglary or attempted burglary of the Leased Premises). Also without limiting the generalities of the foregoing, Tenant shall: (i) keep the glass of all windows, doors, and showcases clean and presentable; (ii) replace immediately all broken glass in the Leased Premises; (iii) make any necessary repairs to, or replacements of, all door closure apparatuses and mechanisms; (iv) keep all plumbing within the walls of the Leased Premises or otherwise serving the Leased Premises clean and in a good state of repair including pipes, drains, toilets, and basins; and (v) keep all utilities within or otherwise exclusively serving the Leased Premises in a good state of repair. Any and all damage to the Leased Premises (including but not limited to the Premises Improvements), the Building or Project caused by Tenant, or by any employee, agent, contractor, assignee, subtenant or invitee of Tenant shall be promptly reported to Landlord.
Appears in 1 contract
Maintenance and Repair by Tenant. All repairs Except as is expressly set forth as Landlord's responsibility pursuant to the Leased paragraph captioned "MAINTENANCE AND REPAIR BY LANDLORD," Tenant shall at Tenant's sole cost and expense keep and maintain the Premises or to any in good condition and repair, including HVAC systems (as limited below), interior painting, cleaning of the improvementsinterior side of all exterior glass, plumbing and utility fixtures and installations, carpets and floor coverings, all interior wall surfaces and coverings including tile and paneling, replacement of all broken windows (including without limitation any exterior windows), exterior and interior doors, roof penetrations and membranes in connection with any Tenant installations on the roof including satellite dishes, light bulb replacement and interior preventative maintenance. If Tenant fails to maintain or facilities therein or otherwise related to repair the Leased Premises in accordance with this paragraph, then Landlord may, but shall not be required to, enter the Premises, other than those repairs required 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 be made by Landlord pursuant Tenant (or immediately without any notice in the case of an emergency) to Section 10.3 below perform such maintenance or Section 18 below, shall be made by Tenant repair at its Tenant's sole cost and expense. Tenant shall reimburse pay to Landlord for the cost of repairing such maintenance or repair within thirty (30) days of written demand from Landlord. Provided Tenant otherwise maintains the HVAC systems in good condition and repair as required by this Lease, Landlord shall be responsible for all damage done costs of repair and replacement thereof to the Buildingextent the same exceeds $0.085, the Premises or the Common Areas occasioned by any act or omission of Tenant or Tenant's officers, contractors, agents, invitees, licensees or employees. Without limiting the generality per leased square foot of the foregoingPremises, in any calendar year; PROVIDED, that (a) any costs so expended by Landlord shall be Operating Costs for the Center, and (b) if Tenant upgrades the HVAC systems, any maintenance and repair costs attributable to any such upgrade shall at all times throughout the Lease Term, at its sole cost and expense, keep the Leased Premises (including the exterior doors and entrances, all windows and moldings and trim not count towards determining costs in excess of all doors and windows), all partitions, door surfaces, fixtures, equipment and appurtenances thereof (including lighting, heating and plumbing fixtures and systems serving the Leased Premises) and any special equipment installed in the Leased Premises specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment in good order, condition and repair, damage by unavoidable casualty excepted (but not excluding damage from burglary or attempted burglary $0.085 per leased square foot of the Leased Premises). Also without limiting the generalities of the foregoing, Tenant shall: (i) keep the glass of all windows, doors, and showcases clean and presentable; (ii) replace immediately all broken glass in the Leased Premises; (iii) make any necessary repairs to, or replacements of, all door closure apparatuses and mechanisms; (iv) keep all plumbing within the walls of the Leased Premises or otherwise serving the Leased Premises clean and in a good state of repair including pipes, drains, toilets, and basins; and (v) keep all utilities within or otherwise exclusively serving the Leased Premises in a good state of repair. Any and all damage to the Leased Premises (including but not limited to the Premises Improvements), the Building or Project caused by Tenant, or by any employee, agent, contractor, assignee, subtenant or invitee of Tenant shall be promptly reported to Landlord.
Appears in 1 contract
Samples: Lease Agreement (Integrated Measurement Systems Inc /Or/)
Maintenance and Repair by Tenant. All repairs Except as is expressly set forth as -------------------------------- Landlord's responsibility pursuant to the Leased paragraph captioned "Maintenance and --------------- Repair by Landlord," Tenant shall at Tenant's sole cost and expense keep and ------------------ maintain the Premises or to any in good condition and repair, including interior painting, cleaning of the improvementsinterior side of all exterior glass, plumbing and utility fixtures and installations or facilities therein or otherwise related to within the Leased Premises, other than those repairs carpets and floor coverings, all interior wall surfaces and coverings including tile and paneling, replacement of all broken windows (including without limitation any exterior windows), exterior and interior doors, roof penetrations and membranes in connection with any Tenant installations on the roof including satellite dishes, light bulb replacement and ordinary interior preventative maintenance. If Tenant fails to maintain or repair the Premises in accordance with this paragraph 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 be made by Landlord pursuant Tenant (or immediately without any notice in the case of an emergency) to Section 10.3 below perform such maintenance or Section 18 below, shall be made by Tenant repair at its Tenant's sole cost and expense. Tenant shall reimburse pay to Landlord for the cost of repairing all damage done to the Building, the Premises such maintenance or the Common Areas occasioned by any act or omission repair plus a fifteen percent (15%) administration fee within ten (10) Business Days of written demand from Landlord. Tenant or Tenant's officers, contractors, agents, invitees, licensees or employees. Without limiting the generality of the foregoing, Tenant shall at all times throughout the Lease Termshall, at its sole cost and expense, keep the Leased Premises (including the exterior doors and entrances, enter into a regularly scheduled preventative maintenance/service contract with a maintenance contractor for servicing all windows and moldings and trim of all doors and windows), all partitions, door surfaces, fixtures, equipment and appurtenances thereof (including lightinghot water, heating and plumbing fixtures air conditioning systems and systems serving equipment located within or dedicated solely to the Leased 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) and any special equipment installed in within thirty (30) days following the Leased Premises specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment in good order, condition and repair, damage Commencement Date. Upon request by unavoidable casualty excepted (but not excluding damage from burglary or attempted burglary of the Leased Premises). Also without limiting the generalities of the foregoingLandlord, Tenant shall: (i) keep the glass shall provide Landlord with copies of all windows, doors, and showcases clean and presentable; (ii) replace immediately all broken glass in the Leased Premises; (iii) make any necessary repairs to, or replacements of, all door closure apparatuses and mechanisms; (iv) keep all plumbing within the walls of the Leased Premises or otherwise serving the Leased Premises clean and in a good state of repair including pipes, drains, toilets, and basins; and (v) keep all utilities within or otherwise exclusively serving the Leased Premises in a good state of repair. Any and all damage to the Leased Premises (including but not limited to the Premises Improvements), the Building or Project caused by Tenant, or by any employee, agent, contractor, assignee, subtenant or invitee of Tenant shall be promptly reported to Landlordsuch service contracts.
Appears in 1 contract
Samples: Lease (Sonosite Inc)
Maintenance and Repair by Tenant. All repairs to the Leased Premises or to any of the improvements, installations or facilities therein or otherwise related to the Leased Premises, other than those repairs required to be made by Landlord pursuant to Section 10.3 below or Section 18 below, shall be made by Tenant at its sole cost and expense. Tenant shall reimburse Landlord for the cost of repairing all damage done to the Building, the Premises or the Common Areas occasioned by any act or omission of Tenant or Tenant's officers, contractors, agents, invitees, licensees or employees. Without limiting the generality of the foregoing, Tenant shall at all times throughout the Lease Termshall, at its sole own cost and expense, keep keep, maintain and repair the Leased Premises Premises, including all buildings and improvements of every kind which may be a part thereof, (including the exterior doors and entranceswhether interior or exterior, structural or non-structural); all windows and moldings and trim of all doors and windows)heating, all partitionselectrical, door surfacesair conditioning, fixtures, equipment and appurtenances thereof (including lighting, heating ventilating and plumbing fixtures equipment therein; and systems serving the Leased Premises) and any special equipment installed in the Leased Premises specifically for Tenantall appurtenances thereto, including without limitation any telecommunication equipmentsidewalks and parking areas adjacent thereto, security equipment, computer equipment, kitchen equipment in good order, condition and repair, damage and shall repair, restore and replace any such improvements which may become inoperable or be destroyed or damaged by unavoidable fire, casualty excepted (but not excluding damage from burglary or attempted burglary any other cause. Tenant shall comply with all federal, state, county, municipal and 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, at its own expense, keep the Premises in 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 regard to a specific circumstance, Landlord may undertake to keep and maintain sidewalks, parking areas, 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 Leased Premises)Premises which borders on and is within fifty feet of roadways or which is designated as a water detention area. Also without limiting the generalities of the foregoingIn addition, Tenant shall: (i) keep the glass of all windows, doors, and showcases clean and presentable; (ii) replace immediately all broken glass any lands in the Leased Premises; (iii) make any necessary repairs to, or replacements of, all door closure apparatuses and mechanisms; (iv) keep all plumbing within the walls of the Leased Premises or otherwise serving the Leased Premises clean and in a good state of repair including pipes, drains, toilets, and basins; and (v) keep all utilities within or otherwise exclusively serving the Leased Premises in a good state of repair. Any and all damage to the Leased Premises (including but not limited to the Premises Improvements), the Building or Project caused by Tenant, or by any employee, agent, contractor, assignee, subtenant or invitee of Tenant restored prairie areas shall be promptly reported kept and maintained by Landlord at Landlord's expense and Landlord reserves the right to Landlordenter such areas for the purpose of maintaining the same.
Appears in 1 contract
Samples: Ground Lease (Invitrogen Corp)
Maintenance and Repair by Tenant. All repairs Tenant shall be responsible for all maintenance, repair and replacement to the Leased Premises of whatsoever kind or to any nature that is not hereinafter set forth specifically as the obligation of the improvements, installations or facilities therein or otherwise related to the Leased Premises, other than those repairs required to be made by Landlord pursuant to Section 10.3 below or Section 18 below, shall be made by Tenant at its sole cost and expenseLandlord. Tenant shall reimburse Landlord for take good care of the cost Premises and fixtures, and keep them in good repair and free from filth, overloading, danger of repairing all fire or any pest or nuisance, and repair and/or replacement any damage or breakage done by Tenant or Tenant’s agents, employees or invitees, including damage done to the BuildingBuilding by 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, the Premises or the Common Areas occasioned by any act or omission of Tenant or Tenant's officersmaintenance, contractorsrepair, agents, invitees, licensees or employees. Without limiting the generality replacement and periodic servicing of the foregoingheating, 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. Evidence of such contracts will be delivered to Landlord prior to the commencement of the Term of this Lease and from time to time thereafter not less than thirty (30) days prior to expiration of the then existing contract. At the end of the Term of this Lease or any renewal hereof, Tenant shall at all times throughout the Lease Term, at its sole cost quit and expense, keep the Leased Premises (including the exterior doors and entrances, all windows and moldings and trim of all doors and windows), all partitions, door surfaces, fixtures, equipment and appurtenances thereof (including lighting, heating and plumbing fixtures and systems serving the Leased Premises) and any special equipment installed in the Leased Premises specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment in good order, condition and repair, damage by unavoidable casualty excepted (but not excluding damage from burglary or attempted burglary of the Leased Premises). Also without limiting the generalities of the foregoing, Tenant shall: (i) keep the glass of all windows, doors, and showcases clean and presentable; (ii) replace immediately all broken glass in the Leased Premises; (iii) make any necessary repairs to, or replacements of, all door closure apparatuses and mechanisms; (iv) keep all plumbing within the walls of the Leased Premises or otherwise serving the Leased Premises clean and in a good state of repair including pipes, drains, toilets, and basins; and (v) keep all utilities within or otherwise exclusively serving the Leased Premises in a good state of repair. Any and all damage to the Leased Premises (including but not limited to surrender the Premises Improvements), the Building or Project caused broom clean in as good condition as when received by Tenant, or by any employeenormal wear and tear excepted. In the event Tenant fails to maintain the Premises as provided for herein Landlord shall have the right, agentbut not the obligation, contractorto perform such maintenance, assignee, subtenant or invitee repair and replacement as is required of Tenant in which event Tenant shall be promptly reported to reimburse Landlord for its costs in providing such maintenance or repairs together with a ten percent (10%) charge for Landlord’s overhead.
Appears in 1 contract
Maintenance and Repair by Tenant. All repairs Except as is expressly set forth as Landlord’s responsibility pursuant to the Leased Premises or to any of the improvements, installations or facilities therein or otherwise related to the Leased Premises, other than those repairs required to be made Paragraphs captioned “Maintenance and Repair by Landlord pursuant to Section 10.3 below or Section 18 below, shall be made by Tenant at its sole cost Landlord” and expense. Tenant shall reimburse Landlord for the cost of repairing all damage done to the Building, the Premises or the Common Areas occasioned by any act or omission of Tenant or Tenant's officers, contractors, agents, invitees, licensees or employees. Without limiting the generality of the foregoing“Building Services” and subparagraph 4.2.1, Tenant shall at all times throughout the Lease Term, at its Tenant’s sole cost and expense, expense keep and maintain the Leased Premises (including the exterior doors and entrances, all windows and moldings and trim of all doors and windows), all partitions, door surfaces, fixtures, equipment and appurtenances thereof (including lighting, heating and plumbing fixtures and systems serving the Leased Premises) and any special equipment installed in the Leased Premises specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment in good order, condition and repair, damage by unavoidable casualty excepted ordinary wear and tear excepted. 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 thirty (but 30) calendar 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 (unless in such period Tenant has performed such work and notified Landlord thereof). Tenant shall pay to Landlord the actual cost of such maintenance or repair within thirty (30) calendar days after written demand from Landlord.
4.2.1 Notwithstanding anything in this Lease to the contrary, Tenant shall not excluding damage from burglary be responsible or attempted burglary liable for any costs, fees or expenses associated with the following: ** Portions of this exhibit have been omitted and filed separately pursuant to an application for confidential treatment filed with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended.
(a) The Property’s failure to comply with Governmental Requirements (including, without limitation, environmental laws and Access Laws) as of the Leased Premises). Also without limiting the generalities Commencement Date;
(b) Claims arising out of the foregoingpresence or release of Hazardous Substances at, Tenant shall: on, in, under or from the Property and not directly resulting from Tenant’s use or occupancy of the Premises; and
(ic) keep the glass of all windows, doors, and showcases clean and presentable; (ii) replace immediately all broken glass Asbestos in the Leased Premises; (iii) make any necessary repairs to, or replacements of, all door closure apparatuses and mechanisms; (iv) keep all plumbing within the walls Building as of the Leased Premises or otherwise serving the Leased Premises clean and in a good state of repair including pipes, drains, toilets, and basins; and (v) keep all utilities within or otherwise exclusively serving the Leased Premises in a good state of repair. Any and all damage to the Leased Premises (including but not limited to the Premises Improvements), the Building or Project caused by Tenant, or by any employee, agent, contractor, assignee, subtenant or invitee of Tenant shall be promptly reported to LandlordCommencement Date.
Appears in 1 contract
Samples: Office Lease (Cephalon Inc)
Maintenance and Repair by Tenant. All repairs In addition to any other provisions in this Lease which obligate Tenant to perform maintenance, repair and replacement duties relative to the Leased Premises and/or the Building, Tenant shall be responsible for the following maintenance, repair and replacement responsibilities:
12.1 Tenant shall, at its expense, keep and maintain the Premises in good order and repair and not commit or allow any waste to be committed on any portion of the improvementsPremises; and at the termination of this Lease, installations or facilities therein or otherwise related Tenant agrees to deliver up the Leased PremisesPremises to Landlord in as good of a condition as existed on the Rent Commencement Date, other than those excepting only ordinary wear and tear, acts of God and repairs required to be made by Landlord pursuant to Section 10.3 below the terms of this Lease.
12.2 Tenant shall, at its expense, keep and maintain all HVAC systems and units, appliances and equipment that exclusively serve the Premises (or Section 18 belowany portion thereof). In the event the Premises (or any portion thereof) is exclusively served by an HVAC system or unit, Tenant shall contract with a qualified heating and air conditioning service company approved by Landlord for the monthly maintenance and the repair and replacement, as necessary, of such HVAC system or unit. Tenant shall provide Landlord with a copy of any contract required under this Paragraph 12.2 within ten (10) days after the Rent Commencement Date and a copy of any subsequent contracts (or any renewal contracts) within ten (10) days after their execution. The cost of all contracts which Tenant is required to maintain under this Paragraph 12.2 shall be made borne by Tenant.
12.3 Tenant shall, at its sole Tenant’s own cost and expense. Tenant shall reimburse Landlord for the cost of repairing all , repair or replace any damage done to the Common Areas, the Building Exterior Common Areas, the Building, or any part thereof (including the Premises or the Common Areas occasioned Premises), caused by any act or omission of Tenant or Tenant's officers’s agents, contractors, agentsemployees, invitees, licensees or employees. Without limiting visitors, and such repairs shall restore the generality damaged area to as good of a condition as existed prior to such damage and shall be effected in compliance with all applicable laws; provided, however, if, within a reasonable period following written notice from Landlord of the foregoingneed for such repairs or replacements, Tenant shall at all times throughout the Lease Termfails to make such repairs or replacements promptly, Landlord may, at its sole cost and expenseoption, keep make the Leased Premises (including the exterior doors and entrances, all windows and moldings and trim of all doors and windows), all partitions, door surfaces, fixtures, equipment and appurtenances thereof (including lighting, heating and plumbing fixtures and systems serving the Leased Premises) and any special equipment installed in the Leased Premises specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment in good order, condition and repair, damage by unavoidable casualty excepted (but not excluding damage from burglary repairs or attempted burglary of the Leased Premises). Also without limiting the generalities of the foregoing, Tenant shall: (i) keep the glass of all windows, doorsreplacements, and showcases clean and presentable; (ii) replace immediately all broken glass in the Leased Premises; (iii) make any necessary repairs to, or replacements of, all door closure apparatuses and mechanisms; (iv) keep all plumbing within the walls of the Leased Premises or otherwise serving the Leased Premises clean and in a good state of repair including pipes, drains, toilets, and basins; and (v) keep all utilities within or otherwise exclusively serving the Leased Premises in a good state of repair. Any and all damage to the Leased Premises (including but not limited to the Premises Improvements), the Building or Project caused by Tenant, or by any employee, agent, contractor, assignee, subtenant or invitee of Tenant shall be promptly reported pay the cost thereof to LandlordLandlord as Additional Rent within thirty (30) days after Landlord submits to Tenant an invoice therefor.
Appears in 1 contract
Maintenance and Repair by Tenant. All repairs A. Tenant shall be responsible for all necessary or appropriate maintenance, repair, and replacement to the Leased Premises of every kind or nature not hereinafter set forth specifically as the obligation of Landlord, including the heating and air conditioning ("HVAC") systems and equipment serving the Premises. Tenant shall take good care of the Premises, and keep them in good repair and free from filth, overloading, danger of fire or any pest or nuisance, and, under the supervision or subject to the approval of Landlord and within a reasonable period of time specified by Landlord, Tenant shall repair or replace any damage or breakage to the Premises or the Building caused by Tenant or Tenant's agents, employees, licensees, contractors, or invitees, or by Tenant's equipment or installations. At the end of the Lease Term or any renewal or extension hereof, Tenant shall quit and surrender the Premises in a condition as good as when received by Tenant, normal wear and casualty damage excepted. In the event Tenant fails to maintain, repair or replace any damage or breakage to the Premises as provided for herein, Landlord shall have the right, but not the obligation, to perform such maintenance, repair or replacement in which event Tenant shall promptly reimburse Landlord for its actual costs in providing such maintenance, repair or replacements together with a ten percent (10%) charge for Landlord's incidental costs and expenses. Such amounts charged to Tenant shall be deemed Rent under this Lease, payable upon demand. Notwithstanding the above, if an entire HVAC unit (as opposed to any of the improvementscomponent part) requires replacement, installations or facilities therein or otherwise related to the Leased Premises, other than those repairs required to be made by Landlord pursuant to Section 10.3 below or Section 18 below, shall be made by Tenant at its sole cost perform such replacement and expense. Tenant shall reimburse Landlord on demand for an amount equal to the cost thereof multiplied by a fraction the numerator of repairing all damage done to which is the Building, number of months remaining in the Premises or Lease Term (at the Common Areas occasioned by any act or omission time the unit was replaced) and the denominator of Tenant or Tenant's officers, contractors, agents, invitees, licensees or employees. Without limiting which is the generality useful life of the foregoing, unit (as reasonably determined by Landlord).
B. Tenant shall at all times throughout the Lease Termshall, at its sole own cost and expense, keep enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor approved by Landlord for servicing all HVAC systems and equipment serving the Leased Premises (including and a copy thereof shall be furnished to Landlord). The service contract must include all services suggested by the exterior doors and entrances, all windows and moldings and trim of all doors and windows), all partitions, door surfaces, fixtures, equipment and appurtenances thereof (including lighting, heating and plumbing fixtures and systems serving the Leased Premises) and any special equipment installed manufacturer in the Leased Premises specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment in good order, condition and repair, damage by unavoidable casualty excepted operation/maintenance manual (but not excluding damage from burglary or attempted burglary fewer than two servicings annually) and must become effective within thirty (30) days of the Leased Premises). Also without limiting the generalities date Tenant takes possession of the foregoingPremises. Landlord may, Tenant shall: (i) keep the glass upon notice to Tenant, elect to enter into such a maintenance/service contract on behalf of all windows, doors, and showcases clean and presentable; (ii) replace immediately all broken glass in the Leased Premises; (iii) make any necessary repairs to, or replacements of, all door closure apparatuses and mechanisms; (iv) keep all plumbing within the walls of the Leased Premises or otherwise serving the Leased Premises clean and in a good state of repair including pipes, drains, toilets, and basins; and (v) keep all utilities within or otherwise exclusively serving the Leased Premises in a good state of repair. Any and all damage to the Leased Premises (including but not limited to the Premises Improvements), the Building or Project caused by Tenant, or by any employeeto perform the work and in either case, agent, contractor, assignee, subtenant or invitee of charge Tenant shall be promptly reported to the cost thereof along with a reasonable amount for Landlord's overhead.
Appears in 1 contract
Maintenance and Repair by Tenant. All Tenant shall, at its sole expense, -------------------------------- repair, maintain and replace as necessary and keep in good, clean and safe condition all portions of the Premises which are not, pursuant to Paragraph 5, 10, 15 and 16 hereof, or Landlord's obligations set forth in Exhibit D (concerning the delivery condition of the Premises and the Base Building Work and the Landlord's Work as defined therein) specifically the responsibility of Landlord as set forth herein, including, without limitation, all windows, doors and partitions, and utility and HVAC systems serving only the Premises as opposed to the Common Areas or premises leased to other tenants. Tenant shall maintain in force at all times a maintenance contract for the HVAC systems in a form and with a contractor reasonably acceptable to Landlord subject to Landlord's maintenance, repair and replacement obligations and warranties set forth elsewhere in this Lease. A copy of the maintenance agreement shall be given to Landlord within the first 60 days of Tenant's occupancy. Tenant is responsible for all repairs to the Leased mechanical systems serving only the Premises as opposed to the Common Areas or premises leased to other tenants. Landlord may, at its option, so long as there is no added cost to Tenant and without relieving any duty or obligation of Tenant to perform under the Lease, and after appropriate notice to Tenant, perform any duty of Tenant under this Section 11 and Tenant shall pay the cost thereof to Landlord as Additional Rent and shall be subject to any of other remedy or right Landlord may have should the improvements, installations or facilities therein or otherwise related failure to perform constitute a default under the Leased Lease. Tenant will not injure the Premises, other than those repairs required or commit or allow to be made by Landlord pursuant to Section 10.3 below or Section 18 below, shall be made by Tenant at its sole cost and expensecommitted any waste therein. Tenant shall reimburse Landlord for the cost of repairing all repair any damage done to the Building, the Premises or the Common Areas occasioned Building caused by any act or omission of Tenant or Tenant's officersagents, contractors, agentsemployees, invitees, licensees or employees. Without limiting the generality of the foregoing, Tenant shall at all times throughout the Lease Term, at its sole cost invitees and expense, keep the Leased Premises (including the exterior doors and entrances, all windows and moldings and trim of all doors and windows), all partitions, door surfaces, fixtures, equipment and appurtenances thereof (including lighting, heating and plumbing fixtures and systems serving the Leased Premises) and any special equipment installed in the Leased Premises specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment in good order, condition and repair, damage by unavoidable casualty excepted (but not excluding damage from burglary or attempted burglary of the Leased Premises). Also without limiting the generalities of the foregoing, Tenant shall: (i) keep the glass of all windows, doors, and showcases clean and presentable; (ii) replace immediately all broken glass in the Leased Premises; (iii) make any necessary repairs to, or replacements of, all door closure apparatuses and mechanisms; (iv) keep all plumbing within the walls of the Leased Premises or otherwise serving the Leased Premises clean and in a good state of repair including pipes, drains, toilets, and basins; and (v) keep all utilities within or otherwise exclusively serving the Leased Premises in a good state of repair. Any and all damage to the Leased Premises (including but not limited to the Premises Improvements), the Building or Project caused by Tenant, or by any employee, agent, contractor, assignee, subtenant or invitee of Tenant shall be promptly reported to Landlordvisitors.
Appears in 1 contract
Maintenance and Repair by Tenant. All repairs In addition to any other provisions in this Lease which obligate Tenant to perform maintenance, repair and replacement duties relative to the Leased Premises and/or the Building, Tenant shall be responsible for the following maintenance, repair and replacement responsibilities:
(a) Tenant shall, at its expense, keep and maintain the Premises in good order and repair and not commit or allow any waste to be committed on any portion of the improvementsPremises; and at the termination of this Lease, installations or facilities therein or otherwise related Tenant agrees to deliver up the Leased PremisesPremises to Landlord in as good of a condition as existed on the Commencement Date, other than those excepting only ordinary wear and tear, acts of God and repairs required to be made by Landlord pursuant to Section 10.3 below the terms of this Lease.
(b) Tenant shall, at its expense, keep and maintain all HVAC systems and units, appliances and equipment that exclusively serve he Premises (or Section 18 belowany portion thereof). In the event the Premises (or any portion thereof) is exclusively served by an HVAC system or unit, Tenant shall contract with a qualified heating and air conditioning service company approved by Landlord for the monthly maintenance and the repair and replacement, as necessary, of such HVAC system or unit. Tenant shall provide Landlord with a copy of any contract required under this Paragraph 11(b) within ten (10) days after the Commencement Date and a copy of any subsequent contracts (or any renewal contracts) within ten (10) days after their execution. The cost of all contracts which Tenant is required to maintain under this Paragraph 11(b) shall be made borne by Tenant.
(c) Tenant shall, at its sole Tenant's own cost and expense. Tenant shall reimburse Landlord for the cost of repairing all , repair or replace any damage done to the Common Areas, the Building Exterior Common Areas, the Building, or any part thereof (including the Premises or the Common Areas occasioned Premises), caused by any act or omission of Tenant or Tenant's officersagents, contractors, agentsemployees, invitees, licensees or employees. Without limiting visitors, and such repairs shall restore the generality damaged area to as good of a condition as existed prior to such damage and shall be effected in compliance with all applicable laws; provided, however, if, within a reasonable period following written notice from Landlord of the foregoingneed for such repairs or replacements, Tenant shall at all times throughout the Lease Termfails to make such repairs or replacements promptly, Landlord may, at its sole cost and expenseoption, keep make the Leased Premises (including the exterior doors and entrances, all windows and moldings and trim of all doors and windows), all partitions, door surfaces, fixtures, equipment and appurtenances thereof (including lighting, heating and plumbing fixtures and systems serving the Leased Premises) and any special equipment installed in the Leased Premises specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment in good order, condition and repair, damage by unavoidable casualty excepted (but not excluding damage from burglary repairs or attempted burglary of the Leased Premises). Also without limiting the generalities of the foregoing, Tenant shall: (i) keep the glass of all windows, doorsreplacements, and showcases clean and presentable; (ii) replace immediately all broken glass in the Leased Premises; (iii) make any necessary repairs to, or replacements of, all door closure apparatuses and mechanisms; (iv) keep all plumbing within the walls of the Leased Premises or otherwise serving the Leased Premises clean and in a good state of repair including pipes, drains, toilets, and basins; and (v) keep all utilities within or otherwise exclusively serving the Leased Premises in a good state of repair. Any and all damage to the Leased Premises (including but not limited to the Premises Improvements), the Building or Project caused by Tenant, or by any employee, agent, contractor, assignee, subtenant or invitee of Tenant shall be promptly reported pay the cost thereof to LandlordLandlord on demand as Additional Rent.
Appears in 1 contract
Maintenance and Repair by Tenant. All repairs Except as is expressly set forth as Landlord’s responsibility pursuant to the Leased Section captioned “Maintenance and Repair by Landlord,” Tenant shall at Tenant’s sole cost and expense clean, keep and maintain the Premises or to in good condition and repair, including interior painting, clean the interior side of all exterior glass, plumbing and utility fixtures and installations, carpets and floor coverings, all interior wall surfaces and coverings (including tile and paneling), window cleaning and replacement, exterior and interior doors, roof penetrations and membranes in connection with any of Tenant installations on the improvementsroof, installations or facilities therein or otherwise related to the Leased Premises, other than those repairs required to be made by Landlord pursuant to Section 10.3 below or Section 18 below, 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 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 Section 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 its Tenant’s sole cost and expense. Tenant shall reimburse pay to Landlord for the cost of repairing all damage done to the Building, the Premises such maintenance or the Common Areas occasioned by any act or omission repair plus a five percent (5%) administration fee within ten (10) Business Days of written demand from Landlord. Tenant or Tenant's officers, contractors, agents, invitees, licensees or employees. Without limiting the generality of the foregoing, Tenant shall at all times throughout the Lease Termshall, at its sole cost and expense, keep 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 Leased Premises 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 (including and a copy of such contract or contracts delivered to Landlord) within thirty (30) days following the exterior doors and entrances, all windows and moldings and trim of all doors and windows), all partitions, door surfaces, fixtures, equipment and appurtenances thereof (including lighting, heating and plumbing fixtures and systems serving the Leased Premises) and any special equipment installed in the Leased Premises specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment in good order, condition and repair, damage by unavoidable casualty excepted (but not excluding damage from burglary or attempted burglary date Tenant takes possession of the Leased Premises). Also without limiting the generalities of the foregoing, Tenant shall: (i) keep the glass of all windows, doors, and showcases clean and presentable; (ii) replace immediately all broken glass in the Leased Premises; (iii) make any necessary repairs to, or replacements of, all door closure apparatuses and mechanisms; (iv) keep all plumbing within the walls of the Leased Premises or otherwise serving the Leased Premises clean and in a good state of repair including pipes, drains, toilets, and basins; and (v) keep all utilities within or otherwise exclusively serving the Leased Premises in a good state of repair. Any and all damage to the Leased Premises (including but not limited to the Premises Improvements), the Building or Project caused by Tenant, or by any employee, agent, contractor, assignee, subtenant or invitee of Tenant shall be promptly reported to Landlord.
Appears in 1 contract
Samples: Office Lease (Mannkind Corp)
Maintenance and Repair by Tenant. All repairs Except as is expressly set forth as Landlord’s responsibility pursuant to the Leased Premises 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 any the waiver of subrogation contained herein), Tenant shall at Tenant’s sole cost and expense clean, keep and maintain the interior non-structural portions of the improvementsPremises 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, carpets and floor coverings, all interior wall surfaces and coverings (including tile and paneling), window cleaning interior doors, roof penetrations and membranes in connection with any Tenant installations or facilities therein or otherwise related to on the Leased Premisesroof, other than those repairs required to be made by Landlord pursuant to Section 10.3 below or Section 18 below, 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 maintenance and any supplemental maintenance referred to in the last sentence of this paragraph. All maintenance and repairs made by Tenant must comply 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 Section 4.2, then Landlord may, but shall not be required to, enter the Premises upon five (5) 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 its Tenant’s sole cost and expense. Tenant shall reimburse pay to Landlord for the cost of repairing all damage done to the Building, the Premises such maintenance or the Common Areas occasioned by any act or omission repair plus a five percent (5%) administration fee within thirty (30) days of written demand from Landlord. Tenant or Tenant's officers, contractors, agents, invitees, licensees or employees. Without limiting the generality of the foregoing, Tenant shall at all times throughout the Lease Termshall, at its sole cost and expense, keep the Leased Premises (including the exterior doors enter into a regularly scheduled preventative maintenance/service contract with a maintenance contractor for servicing all supplemental heating, ventilation and entrances, all windows air conditioning systems and moldings and trim of all doors and windows), all partitions, door surfaces, fixtures, equipment and appurtenances thereof (including lighting, heating and plumbing fixtures and systems serving the Leased Premises) and any special equipment installed in the Leased Premises specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment in good order, condition and repair, damage by unavoidable casualty excepted (but not excluding damage from burglary or attempted burglary of the Leased Premises). Also without limiting the generalities of the foregoing, Tenant shall: (i) keep the glass of all windows, doors, and showcases clean and presentable; (ii) replace immediately all broken glass in the Leased Premises; (iii) make any necessary repairs to, or replacements of, all door closure apparatuses and mechanisms; (iv) keep all plumbing within the walls of the Leased Premises or otherwise serving the Leased Premises clean and in a good state of repair including pipes, drains, toilets, and basins; and (v) keep all utilities located within or otherwise exclusively serving the Leased Premises in a good state of repair. Any and all damage to the Leased Premises (including but not limited dedicated solely to the Premises Improvements)which were installed by or for Tenant. The maintenance contractor and the contract must be reasonably (other than with respect to union requirements, the Building or Project caused by Tenant, or by any employee, agent, contractor, assignee, subtenant or invitee of Tenant which shall be promptly reported in Landlord’s sole and absolute discretion) 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 contracts delivered to Landlord) within thirty (30) days following the date Tenant takes possession of the Premises.
Appears in 1 contract
Maintenance and Repair by Tenant. All repairs Except as is expressly set forth as Landlord's responsibility pursuant to the Leased paragraph captioned "Maintenance and Repair by Landlord," Tenant shall at Tenant's sole cost and expense keep and maintain the Premises or to any in good condition and repair, including interior painting, cleaning of the improvementsinterior side of all exterior glass, plumbing and utility fixtures and installations if repair of the aforesaid plumbing and utility fixtures and installations is necessitated by the act or facilities therein negligence of Tenant or otherwise related to Tenant's Agents (except for any plumbing fixtures such as dishwashers, disposals and the Leased Premiseslike installed in the Premises for Tenant's exclusive use, other than those repairs required to be made by Landlord pursuant to Section 10.3 below or Section 18 below, which in all events shall be made by 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, replacement of all broken windows (including without limitation any exterior windows) if repair of windows is necessitated by the act or negligence of Tenant or Tenant's Agents, exterior and interior doors, roof penetrations and membranes in connection with any Tenant installations on the roof including satellite dishes, light bulb replacement and interior preventative maintenance. 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 reimburse pay to Landlord for the cost of repairing all damage done to the Building, the Premises such maintenance or the Common Areas occasioned by any act or omission repair within ten (10) Business Days of Tenant or Tenant's officers, contractors, agents, invitees, licensees or employees. Without limiting the generality of the foregoing, Tenant shall at all times throughout the Lease Term, at its sole cost and expense, keep the Leased Premises (including the exterior doors and entrances, all windows and moldings and trim of all doors and windows), all partitions, door surfaces, fixtures, equipment and appurtenances thereof (including lighting, heating and plumbing fixtures and systems serving the Leased Premises) and any special equipment installed in the Leased Premises specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment in good order, condition and repair, damage by unavoidable casualty excepted (but not excluding damage written demand from burglary or attempted burglary of the Leased Premises). Also without limiting the generalities of the foregoing, Tenant shall: (i) keep the glass of all windows, doors, and showcases clean and presentable; (ii) replace immediately all broken glass in the Leased Premises; (iii) make any necessary repairs to, or replacements of, all door closure apparatuses and mechanisms; (iv) keep all plumbing within the walls of the Leased Premises or otherwise serving the Leased Premises clean and in a good state of repair including pipes, drains, toilets, and basins; and (v) keep all utilities within or otherwise exclusively serving the Leased Premises in a good state of repair. Any and all damage to the Leased Premises (including but not limited to the Premises Improvements), the Building or Project caused by Tenant, or by any employee, agent, contractor, assignee, subtenant or invitee of Tenant shall be promptly reported to Landlord.
Appears in 1 contract
Samples: Lease (Healthgate Data Corp)
Maintenance and Repair by Tenant. All repairs Except as is expressly set forth as Landlord's responsibility pursuant to the Leased Premises or to any paragraph captioned "MAINTENANCE AND REPAIR BY LANDLORD," Tenant shall at Tenant's sole cost and expense keep and maintain all portions of the improvementsPremises in good condition and repair, installations or facilities therein or otherwise related to including, without limitation, the Leased structure of the Premises, other than those repairs required to be made by Landlord pursuant to painting, cleaning of all exterior glass, plumbing and utility fixtures and installations, carpets and floor coverings, all wall surfaces and coverings including tile and paneling, replacement of all broken windows (including without limitation any exterior windows), exterior and interior doors, roof penetrations and membranes in connection with any Tenant installations on the roof in accordance with Section 10.3 below or Section 18 4.4 below, including satellite dishes, light bulb replacement and interior preventative maintenance. 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 made by Tenant required to, enter the Premises to perform such maintenance or repair at its Tenant's sole cost and expense. Tenant shall reimburse pay to Landlord for the cost of repairing all damage done to the Buildingsuch maintenance or repair plus a ten percent (10%) administration fee, the Premises or the Common Areas occasioned by any act or omission within twenty (20) Business Days of written demand from Landlord. Tenant or Tenant's officers, contractors, agents, invitees, licensees or employees. Without limiting the generality of the foregoing, Tenant shall at all times throughout the Lease Termshall, at its sole own cost and expense, keep the Leased Premises (including the exterior doors and entrances, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor for servicing all windows and moldings and trim of all doors and windows), all partitions, door surfaces, fixtures, equipment and appurtenances thereof (including lightinghot water, heating and plumbing fixtures air conditioning systems and systems serving equipment located within or dedicated solely to the Leased Premises. The maintenance contractor and the contract must be reasonably approved in advance 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) and any special equipment installed in within forty-five (45) days following the Leased Premises specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment in good order, condition and repair, damage by unavoidable casualty excepted (but not excluding damage from burglary or attempted burglary date Tenant takes possession of the Leased Premises). Also without limiting the generalities of the foregoing, Tenant shall: (i) keep the glass of all windows, doors, and showcases clean and presentable; (ii) replace immediately all broken glass in the Leased Premises; (iii) make any necessary repairs to, or replacements of, all door closure apparatuses and mechanisms; (iv) keep all plumbing within the walls of the Leased Premises or otherwise serving the Leased Premises clean and in a good state of repair including pipes, drains, toilets, and basins; and (v) keep all utilities within or otherwise exclusively serving the Leased Premises in a good state of repair. Any and all damage to the Leased Premises (including but not limited to the Premises Improvements), the Building or Project caused by Tenant, or by any employee, agent, contractor, assignee, subtenant or invitee of Tenant shall be promptly reported to Landlord.
Appears in 1 contract
Samples: Industrial Lease Agreement (Childrens Place Retail Stores Inc)
Maintenance and Repair by Tenant. All repairs 4.2.1 Except as is expressly set forth as Landlord’s responsibility pursuant to the Leased Section entitled “Maintenance and Repair by Landlord,” Tenant shall, at Tenant’s sole cost and expense, keep clean and maintain the Premises or to any of in good condition and repair, including interior painting, plumbing and utility fixtures and installations located in the improvements, installations or facilities therein or otherwise related to the Leased Premises, other than those repairs required to be made by Landlord pursuant to Section 10.3 below or Section 18 belowcarpets and floor coverings, all interior wall surfaces and coverings (including tile and paneling), window replacement (excluding exterior windows), 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 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 Section 4.2, then Landlord may, but shall not be required to, enter the Premises upon five (5) 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 its Tenant’s sole cost and expense. Tenant shall reimburse pay to Landlord for the cost of repairing all damage done to the Building, the Premises such maintenance or the Common Areas occasioned by any act or omission repair plus a fifteen percent (15%) administration fee within ten (10) Business Days of Tenant or Tenant's officers, contractors, agents, invitees, licensees or employees. written demand from Landlord.
4.2.2 Without limiting the generality of the foregoingsubsections 3.5.5 or 4.2.1 hereof, Tenant shall be responsible at all times throughout the Lease Term, at its Tenant’s sole cost and expenseexpense for the maintenance, keep the Leased Premises (including the exterior doors and entrances, all windows and moldings and trim repair and/or replacement of all doors and windows), all partitions, door surfaces, fixtures, equipment and appurtenances thereof (including lighting, heating and plumbing fixtures and systems serving the Leased Premises) and any special equipment heating, ventilating, air conditioning, plumbing, electrical or other systems and fixtures installed in solely to service the Leased Premises specifically Premises, whether installed or paid for by Landlord or Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment in good order, condition and repair, damage by unavoidable casualty excepted (but not excluding damage from burglary or attempted burglary of the Leased Premises). Also without limiting the generalities of the foregoing, Tenant shall: (i) keep the glass of all windows, doors, and showcases clean and presentable; (ii) replace immediately all broken glass in the Leased Premises; (iii) make any necessary repairs to, or replacements of, all door closure apparatuses and mechanisms; (iv) keep all plumbing within the walls of the Leased Premises or otherwise serving the Leased Premises clean and in a good state of repair including pipes, drains, toilets, and basins; and (v) keep all utilities within or otherwise exclusively serving the Leased Premises in a good state of repair. Any and all damage to the Leased Premises (including but not limited to the Premises Improvements), the Building or Project caused by Tenant, or by any employee, agent, contractor, assignee, subtenant or invitee of Tenant shall be promptly reported to Landlord.
Appears in 1 contract
Maintenance and Repair by Tenant. All repairs Except as is expressly set forth as Landlord's responsibility pursuant to the Leased paragraph captioned "Maintenance and Repair by Landlord," Tenant shall, at Tenant's sole cost and expense, keep and maintain the Premises or to any in good condition and repair, including (a) interior painting, (b) cleaning of the improvementsentire Project, installations or facilities therein or otherwise related including the interior and exterior sides of all exterior glass, (c) plumbing and utility fixtures and installations, (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), (g) exterior and interior doors to the Leased Premises, other than those repairs (g) light bulb replacement, (h) reasonable preventative maintenance of the entire Project, including any and all heating, ventilation and air conditioning equipment. If Tenant fails to maintain or repair the Project in accordance with this paragraph, then Landlord may, but shall not be required to, enter the Premises upon five (5) Business Days prior written notice to be made by Landlord pursuant Tenant (or immediately without any notice in the case of an emergency) to Section 10.3 below perform such maintenance or Section 18 below, shall be made by Tenant repair at its Tenant's sole cost and expense. Tenant shall reimburse pay to Landlord the reasonable cost of such maintenance or repair plus a ten percent (10%) administration fee within ten (10) Days of written demand from Landlord. Tenant shall contract directly with contractors reasonably acceptable to Landlord for the cost completion of repairing all damage done to the Building, the Premises or the Common Areas occasioned by any act or omission of Tenant or Tenant's officers, contractors, agents, invitees, licensees or employeesmaintenance and repair obligations set forth above. Without limiting the generality of the foregoing, Tenant shall at all times throughout the Lease Term, at its sole cost and expense, keep the Leased Premises (including the exterior doors and entrances, all windows and moldings and trim of all doors and windows), all partitions, door surfaces, fixtures, equipment and appurtenances thereof (including lighting, heating and plumbing fixtures and systems serving the Leased Premises) and any special equipment installed in the Leased Premises specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment in good order, condition and repair, damage by unavoidable casualty excepted (but not excluding damage from burglary or attempted burglary of the Leased Premises). Also without limiting the generalities of the foregoing, Tenant shall: (i) keep the glass of all windows, doors, and showcases clean and presentable; (ii) replace immediately all broken glass in the Leased Premises; (iii) make any necessary repairs to, or replacements of, all door closure apparatuses and mechanisms; (iv) keep all plumbing within the walls of the Leased Premises or otherwise serving the Leased Premises clean and in a good state of repair including pipes, drains, toilets, and basins; and (v) keep all utilities within or otherwise exclusively serving the Leased Premises in a good state of repair. Any and all damage to the Leased Premises (including but not limited to the Premises Improvements), the Building or Project caused by Tenant, or by any employee, agent, contractor, assignee, subtenant or invitee of Tenant The contracts with such contractors shall be promptly reported to Landlord.in form
Appears in 1 contract
Samples: Lease (Netlibrary Inc)
Maintenance and Repair by Tenant. All repairs Except as is expressly set forth as -------------------------------- Landlord's responsibility, Tenant shall at Tenant's sole cost and expense keep and maintain the Premises in good condition and repair, including the performance of maintenance and repair of Tenant's furniture, fixtures, and equipment, including computers and telephone systems and the repair of damage caused by the negligent or willfully wrongful acts of Tenant or Tenant's Agents. If Tenant fails to maintain or repair the Leased Premises or any other areas under its control pursuant to any this Lease, (e.g., the site of the improvements, installations or facilities therein or otherwise related to the Leased Premises, other than those repairs required to be made by Landlord generator pursuant to Section 10.3 below 4.33) in accordance with this Section, then Landlord may, but shall not be required to, enter the Premises upon two (2) Business Days prior written notice to Tenant (or Section 18 below, shall be made by Tenant immediately without any notice in the case of an emergency) to perform such maintenance or repair at its Tenant's sole cost and expense. Tenant shall reimburse pay to Landlord for the commercially reasonable cost of repairing all damage done to the Building, the Premises such maintenance or the Common Areas occasioned by any act or omission repair within ten (10) Business Days of written demand from Landlord. Tenant or Tenant's officers, contractors, agents, invitees, licensees or employees. Without limiting the generality of the foregoing, Tenant shall at all times throughout the Lease Termshall, at its sole cost and expense, keep the Leased Premises (including the exterior doors and entrances, enter into a regularly scheduled preventative maintenance/service contract with a maintenance contractor for servicing all windows and moldings and trim of all doors and windows), all partitions, door surfaces, fixtures, equipment and appurtenances thereof (including lightingnon-base building hot water, heating and plumbing fixtures air conditioning systems and systems serving the Leased Premises) and any special equipment installed in the Leased Premises specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment in good order, condition and repair, damage by unavoidable casualty excepted (but not excluding damage from burglary or attempted burglary dedicated solely to specific areas of the Leased Premises)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. Also without limiting 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 following the generalities date Tenant takes possession of the foregoing, Tenant shall: (i) keep the glass of all windows, doors, and showcases clean and presentable; (ii) replace immediately all broken glass in the Leased Premises; (iii) make any necessary repairs to, or replacements of, all door closure apparatuses and mechanisms; (iv) keep all plumbing within the walls of the Leased Premises or otherwise serving the Leased Premises clean and in a good state of repair including pipes, drains, toilets, and basins; and (v) keep all utilities within or otherwise exclusively serving the Leased Premises in a good state of repair. Any and all damage to the Leased Premises (including but not limited to the Premises Improvements), the Building or Project caused by Tenant, or by any employee, agent, contractor, assignee, subtenant or invitee of Tenant shall be promptly reported to Landlord.
Appears in 1 contract
Samples: Lease Agreement (Digex Inc/De)
Maintenance and Repair by Tenant. All repairs 4.2.1 Except as is expressly set forth as Landlord’s responsibility pursuant to the Leased paragraph captioned “Maintenance and Repair by Landlord.” Tenant shall at Tenant’s sole cost and expense keep, clean and maintain the Premises or to any and the Furniture in good condition and repair, including interior painting, cleaning of the improvementsinterior side of all exterior glass, plumbing and utility fixtures and installations, carpets and floor coverings, all interior wall surfaces and coverings (including tile and paneling), window 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. 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 facilities therein immediately and without notice in the case of an emergency), Tenant continues in its failure to maintain or otherwise related 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 Leased Premises, other than those repairs required case of an emergency) to be made by Landlord pursuant to Section 10.3 below perform such maintenance or Section 18 below, shall be made by Tenant repair at its Tenant’s sole cost and expense. Tenant shall reimburse pay to Landlord for the actual and documented cost of repairing all damage done to the Building, the Premises such maintenance or the Common Areas occasioned by any act or omission repair plus a ten percent (10%) administration fee within ten (10) Business Days of Tenant or Tenant's officers, contractors, agents, invitees, licensees or employees. written demand from Landlord.
4.2.2 Without limiting the generality of the foregoingparagraph 4.2.1 hereof, Tenant shall be responsible at all times throughout the Lease Term, at its Tenant’s sole cost and expenseexpense for the maintenance, keep the Leased Premises (including the exterior doors and entrances, all windows and moldings and trim repair and/or replacement of all doors and windows), all partitions, door surfaces, fixtures, equipment and appurtenances thereof (including lighting, heating and plumbing fixtures and systems serving the Leased Premises) and any special equipment heating, ventilating, air conditioning, plumbing, electrical or other systems and fixtures installed in solely to service the Leased Premises specifically Premises, whether installed or paid for by Landlord or Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment in good order, condition and repair, damage by unavoidable casualty excepted (but not excluding damage from burglary or attempted burglary of the Leased Premises). Also without limiting the generalities of the foregoing, Tenant shall: (i) keep the glass of all windows, doors, and showcases clean and presentable; (ii) replace immediately all broken glass in the Leased Premises; (iii) make any necessary repairs to, or replacements of, all door closure apparatuses and mechanisms; (iv) keep all plumbing within the walls of the Leased Premises or otherwise serving the Leased Premises clean and in a good state of repair including pipes, drains, toilets, and basins; and (v) keep all utilities within or otherwise exclusively serving the Leased Premises in a good state of repair. Any and all damage to the Leased Premises (including but not limited to the Premises Improvements), the Building or Project caused by Tenant, or by any employee, agent, contractor, assignee, subtenant or invitee of Tenant shall be promptly reported to Landlord.
Appears in 1 contract
Samples: Gross Lease (TNS Inc)
Maintenance and Repair by Tenant. All repairs Tenant shall be responsible for all -------------------------------- maintenance and repair to the Leased Premises of whatsoever kind or to any nature that is not hereinafter set forth specifically as the obligation of the improvements, installations or facilities therein or otherwise related to the Leased Premises, other than those repairs required to be made by Landlord pursuant to Section 10.3 below or Section 18 below, shall be made by Tenant at its sole cost and expenseLandlord. Tenant shall reimburse Landlord for take good care of the cost Premises and fixtures, and keep them in good repair and free from filth, overloading, danger of repairing all 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 Building, the Premises or the Common Areas occasioned Building by any act or omission of Tenant or Tenant's officersequipment 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, contractorsmaintenance, agents, invitees, licensees or employees. Without limiting the generality repair and periodic servicing of the foregoingheating, 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 at all times throughout pay as Additional Rent, as part of Common Area Expenses, Tenant's Proportionate Share of the cost and expense of the service and inspection provided pursuant to such contract. At the end of the Lease Term, at its sole cost and expense, keep the Leased Premises (including the exterior doors and entrances, all windows and moldings and trim of all doors and windows), all partitions, door surfaces, fixtures, equipment and appurtenances thereof (including lighting, heating and plumbing fixtures and systems serving the Leased Premises) and Term or any special equipment installed in the Leased Premises specifically for Tenant, including without limitation any telecommunication equipment, security equipment, computer equipment, kitchen equipment in good order, condition and repair, damage by unavoidable casualty excepted (but not excluding damage from burglary or attempted burglary of the Leased Premises). Also without limiting the generalities of the foregoingrenewal thereof, Tenant shall: (i) keep the glass of all windows, doors, shall quit and showcases clean and presentable; (ii) replace immediately all broken glass in the Leased Premises; (iii) make any necessary repairs to, or replacements of, all door closure apparatuses and mechanisms; (iv) keep all plumbing within the walls of the Leased Premises or otherwise serving the Leased Premises clean and in a good state of repair including pipes, drains, toilets, and basins; and (v) keep all utilities within or otherwise exclusively serving the Leased Premises in a good state of repair. Any and all damage to the Leased Premises (including but not limited to surrender the Premises Improvements), the Building or Project caused broom clean in as good condition as when received by Tenant, or by any employeenormal wear and tear excepted. In the event Tenant fails to maintain the Premises as provided for herein Landlord shall have the right, agentbut not the obligation, contractor, assignee, subtenant or invitee to perform such maintenance as is required of Tenant in which event Tenant shall promptly reimburse Landlord for its cost in providing such maintenance or repairs together with a ten percent (10%) charge for Landlord's overhead. There shall be promptly reported no overhead charge in connection with the servicing of the heating, air conditioning and ventilation equipment if Landlord has elected to Landlordprovide such service under this Section.
Appears in 1 contract
