Common use of Maintenance and Repair by Tenant Clause in Contracts

Maintenance and Repair by Tenant. 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 janitorial services to be provided by Landlord in accordance with Exhibit G. Tenant shall at Tenant’s sole cost and expense keep, clean and maintain the Premises in good condition and repair, ordinary wear and tear excepted, including interior painting, cleaning of the interior side of all exterior glass, plumbing and utility, 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 on the roof, non-Building standard light bulb and ballast replacement (which lighting purchase must comply with Landlord’s sustainability practices and shall be reported to Landlord in a format suitable to Landlord) and interior preventative maintenance. 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 Tenant’s sole cost and expense. Tenant shall pay to Landlord the cost of such maintenance or repair plus a fifteen percent (15%) administration fee within ten (10) Business Days of written demand from Landlord.

Appears in 2 contracts

Samples: Work Agreement (Opower, Inc.), Work Agreement (Opower, Inc.)

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Maintenance and Repair by Tenant. Except as is expressly set forth as Landlord’s responsibility pursuant to the paragraph 4.1 of this Lease (captioned “Maintenance and Repair by Landlord”), and except for the janitorial services to be provided by Landlord in accordance with Exhibit G. ,” Tenant shall at Tenant’s sole cost and expense keep, clean and maintain the Premises in good condition and repair, ordinary wear and tear excepted, including interior painting, cleaning of the interior side of all exterior glass, plumbing and utility, utility fixtures and installationsinstallations within the Premises, carpets and floor coverings, all interior wall surfaces and coverings (including tile and paneling), interior window replacementreplacement (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 requested installations on the roof, non-Building standard light bulb and ballast replacement (which lighting purchase must comply with Landlord’s sustainability practices and shall be reported to Landlord in a format suitable to Landlord) and interior preventative maintenance. Tenant shall use commercially reasonable efforts to ensure that all All maintenance and repairs made by Tenant must comply with the requirements set forth in the subparagraph captioned “Work Performance” and with Landlord’s sustainability practices and any applicable Green Agency Rating (Rating, as the same may change from time to time). If Tenant fails to maintain or repair the Premises in accordance with this paragraph 4.2paragraph, then Landlord may, but shall not be required to, enter the Premises upon two (2) Business Days’ Days prior written notice to Tenant (or immediately without any notice in the case of an emergency) to perform such reasonable maintenance or repair at Tenant’s sole cost and expense. Tenant shall pay to Landlord the cost of such maintenance or repair plus a fifteen ten percent (1510%) administration fee within ten thirty (1030) Business Days of days after written demand from Landlord, accompanied by reasonably appropriate back-up. Notwithstanding the foregoing, if at any time during the Lease Term, Landlord determines, in Landlord’s reasonable discretion, that repairs or maintenance need to be performed by Tenant as required hereunder, Landlord shall provide Tenant with written notice thereof.

Appears in 2 contracts

Samples: Office Lease (Audentes Therapeutics, Inc.), Office Lease (Audentes Therapeutics, Inc.)

Maintenance and Repair by Tenant. Except as is expressly set forth as Landlord’s responsibility pursuant to paragraph 4.1 of this Lease (the Section captioned “Maintenance and Repair by Landlord”), and except for the janitorial services to be provided by Landlord in accordance with Exhibit G. ,” Tenant shall at Tenant’s sole cost and expense keepclean, clean keep and maintain the Premises in good condition and repair, ordinary wear and tear excepted, including interior painting, cleaning of clean the interior side of all exterior glass, plumbing and utility, utility fixtures and installations, carpets and floor coverings, all interior wall surfaces and coverings (including tile and paneling), interior window cleaning and replacement, exterior and interior doors, roof penetrations and membranes in connection with any Tenant requested installations on the roof, non-Building standard light bulb and ballast replacement (which lighting purchase purchases 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 All maintenance and repairs made by Tenant must comply with Landlord’s sustainability practices and any applicable Green Agency Rating (Rating, as the same may change from time to time). If Tenant fails to maintain or repair the Premises in accordance with this paragraph Section 4.2, then Landlord may, but shall not be required to, enter the Premises upon two (2) Business Days’ Days prior written notice to Tenant (or immediately without any notice in the case of an emergency) to perform such reasonable maintenance or repair at Tenant’s sole cost and expense. Tenant shall pay to Landlord the cost of such maintenance or repair plus a fifteen five percent (155%) administration fee within ten (10) Business Days of written demand from Landlord. Tenant shall, at its sole cost and expense, enter into a regularly scheduled preventative maintenance/service contract with a maintenance contractor for servicing all hot water, heating, ventilation and air conditioning systems and equipment located within or dedicated solely to the Premises. The maintenance contractor and the contract must be approved in advance by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. The service contracts must include all services recommended by the equipment manufacturer within the operation/maintenance manual and shall become effective (and a copy of such contract or contracts delivered to Landlord) within thirty (30) days following the date Tenant takes possession of the Premises.

Appears in 1 contract

Samples: Office Lease (Mannkind Corp)

Maintenance and Repair by Tenant. 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 janitorial services to be provided by Landlord in accordance with Exhibit G. Tenant shall at Tenant’s sole cost be responsible for all non-structural maintenance and expense keep, clean and maintain repairs to the Premises in good condition and repair, ordinary wear and tear exceptedof whatever kind or nature, including interior painting, cleaning of those with respect to the interior side of all exterior glass, plumbing ventilation 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 on the roof, non-Building standard light bulb and ballast replacement (which lighting purchase must comply with Landlord’s sustainability practices and shall be reported to Landlord in a format suitable to Landlord) and interior preventative maintenanceair conditioning systems. Tenant shall use commercially reasonable efforts to ensure that keep all maintenance fixtures and repairs made 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 comply with Landlordor Tenant’s sustainability practices 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 any applicable Green Agency Rating (to Tenant’s equipment contained therein, except as specifically set forth herein. Tenant shall be responsible for the same may change from time repair and replacement of all glass and plate glass on the Premises, including damage done to time)the Premises by Tenant’s equipment or installations. If In the event Tenant fails to maintain or repair the Premises in accordance with this paragraph 4.2interior of the Building as provided for herein, then Landlord mayshall have the right, but shall not be required tothe obligation, enter the Premises upon two (2) Business Days’ prior written notice to Tenant (or immediately without any notice in the case of an emergency) to perform such reasonable maintenance or and repair at Tenant’s sole cost and expense. as is required of Tenant in which event Tenant shall pay to promptly reimburse Landlord the cost of for its costs in providing such maintenance or repair plus repairs together with a fifteen percent (15%) administration fee within ten (10%) Business Days of written demand from percent charge for Landlord’s overhead.

Appears in 1 contract

Samples: Lease Agreement (Cellu Tissue Holdings, Inc.)

Maintenance and Repair by Tenant. Except as is expressly set forth as Landlord’s 's responsibility pursuant to the paragraph 4.1 of this Lease (captioned “Maintenance and Repair by Landlord”), and except for the janitorial services to be provided by Landlord in accordance with Exhibit G. "MAINTENANCE AND REPAIR BY LANDLORD," Tenant shall at Tenant’s 's sole cost and expense keep, clean keep and maintain the Premises in good condition and repair, ordinary wear and tear exceptedincluding HVAC systems (as limited below), including interior painting, cleaning of the interior side of all exterior glass, plumbing and utility, 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), interior window replacement, exterior and interior doors, roof penetrations and membranes in connection with any Tenant requested installations on the roofroof including satellite dishes, 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 4.2paragraph, then Landlord may, but shall not be required to, enter the Premises Premises, accompanied by Tenant's agent if desired by Tenant, upon two (2) Business Days’ Days prior written notice (which shall include the approximate scheduled time of entry) to Tenant (or immediately without any notice in the case of an emergency) to perform such reasonable maintenance or repair at Tenant’s 's sole cost and expense. Tenant shall pay to Landlord the cost of such maintenance or repair plus a fifteen percent within thirty (15%30) administration fee within ten (10) Business Days 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 costs of repair and replacement thereof to the extent the same exceeds $0.085, per leased square foot of the Premises, in any calendar year; PROVIDED, that (a) any costs so expended by Landlord shall be Operating Costs for the Center, and (b) if Tenant upgrades the HVAC systems, any maintenance and repair costs attributable to any such upgrade shall not count towards determining costs in excess of $0.085 per leased square foot of the Premises.

Appears in 1 contract

Samples: Lease (Integrated Measurement Systems Inc /Or/)

Maintenance and Repair by Tenant. Except as is expressly set forth as Landlord’s responsibility pursuant to the paragraph 4.1 of this Lease (captioned “Maintenance and Repair by Landlord”), and except for the janitorial services to be provided by Landlord in accordance with Exhibit G. ,” Tenant shall at Tenant’s sole cost and expense keep, clean keep and maintain the Premises in reasonably good condition and repair, ordinary wear and tear excepted, including interior painting, cleaning of the interior side of all exterior glass, plumbing and utility, 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), interior window replacement, exterior and interior doors, roof penetrations and membranes in connection with any Tenant requested installations on the roofroof including satellite dishes, 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 4.2paragraph, then Landlord landlord may, but shall not be required to, enter the Premises upon two seven (27) Business Days’ Days prior written notice to Tenant (or immediately without any notice in the case of an emergency) to perform such reasonable maintenance or repair at Tenant’s sole cost and expense. Tenant shall pay to Landlord the cost of such maintenance or repair plus a fifteen percent (15%) administration fee within ten (10) Business Days of written demand from Landlord. Tenant shall, at its sole cost and expense, enter into a regularly scheduled preventative maintenance/service contract with a maintenance contractor for servicing all hot water, heating and air conditioning systems and equipment located within or dedicated solely to the Premises. The maintenance contractor and the contract must be approved in advance by Landlord. 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

Samples: Lease (Integrated Financial Systems Inc)

Maintenance and Repair by Tenant. Except as Tenant shall be responsible for all maintenance, repair and replacement to the Premises of whatsoever kind or nature that is expressly not hereinafter set forth specifically as the obligation of Landlord. Tenant shall take good care of the Premises and fixtures, and keep them in good repair and free from filth, overloading, danger of fire or any pest or nuisance, and repair and/or replacement any damage or breakage done by Tenant or Tenant’s responsibility pursuant agents, employees or invitees, including damage done to paragraph 4.1 the Building 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, maintenance, repair, replacement and periodic servicing of the heating, ventilation and air conditioning system servicing the Premises, by entering into and keeping in effect during a contract for such services with a well qualified professional contractor which contract shall provide inter alia for not less than four (4) inspections annually and for the replacement of defective parts. 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 (captioned “Maintenance and Repair by Landlord”)30) days prior to expiration of the then existing contract. At the end of the Term of this Lease or any renewal hereof, and except for the janitorial services to be provided by Landlord in accordance with Exhibit G. Tenant shall at Tenant’s sole cost quit and expense keep, clean and maintain surrender the Premises broom clean in as good condition and repairas when received by Tenant, ordinary normal wear and tear excepted, including interior painting, cleaning of . In the interior 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 on the roof, non-Building standard light bulb and ballast replacement (which lighting purchase must comply with Landlord’s sustainability practices and shall be reported to Landlord in a format suitable to Landlord) and interior preventative maintenance. 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 event Tenant fails to maintain or repair the Premises in accordance with this paragraph 4.2, then as provided for herein Landlord mayshall have the right, but shall not be required tothe obligation, enter the Premises upon two (2) Business Days’ prior written notice to Tenant (or immediately without any notice in the case of an emergency) to perform such reasonable maintenance or maintenance, repair at Tenant’s sole cost and expense. replacement as is required of Tenant in which event Tenant shall pay to promptly reimburse Landlord the cost of for its costs in providing such maintenance or repair plus repairs together with a fifteen ten percent (1510%) administration fee within ten (10) Business Days of written demand from charge for Landlord’s overhead.

Appears in 1 contract

Samples: Industrial Space Lease (Dj Orthopedics Inc)

Maintenance and Repair by Tenant. Except Tenant shall, at its sole expense, -------------------------------- repair, maintain and replace as is expressly set forth as Landlord’s responsibility pursuant to paragraph 4.1 of this Lease (captioned “Maintenance necessary and Repair by Landlord”), and except for the janitorial services to be provided by Landlord keep in accordance with Exhibit G. Tenant shall at Tenant’s sole cost and expense keepgood, clean and maintain 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 good Exhibit D (concerning the delivery condition and repair, ordinary wear and tear excepted, including interior painting, cleaning of the interior side 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 exterior glasswindows, plumbing doors and utilitypartitions, and installationsutility 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, carpets repair and floor coveringsreplacement 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 mechanical systems serving only the Premises as opposed to the Common Areas or premises leased to other tenants. Landlord may, all interior wall surfaces at its option, so long as there is no added cost to Tenant and coverings (including tile without relieving any duty or obligation of Tenant to perform under the Lease, and paneling)after appropriate notice to Tenant, interior window replacement, exterior perform any duty of Tenant under this Section 11 and interior doors, roof penetrations and membranes in connection with any Tenant requested installations on shall pay the roof, non-Building standard light bulb and ballast replacement (which lighting purchase must comply with Landlord’s sustainability practices cost thereof to Landlord as Additional Rent and shall be reported subject to any other remedy or right Landlord in may have should the failure to perform constitute a format suitable default under the Lease. Tenant will not injure the Premises, or commit or allow to Landlord) and interior preventative maintenancebe committed any waste therein. Tenant shall use commercially reasonable efforts repair any damage to ensure that all maintenance and repairs made the Premises or the Building caused by Tenant comply with Landlord’s sustainability practices or Tenant's agents, contractors, employees, invitees 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 Tenant’s sole cost and expense. Tenant shall pay to Landlord the cost of such maintenance or repair plus a fifteen percent (15%) administration fee within ten (10) Business Days of written demand from Landlordvisitors.

Appears in 1 contract

Samples: Lease Agreement (Act Manufacturing Inc)

Maintenance and Repair by Tenant. Except as is expressly set forth as -------------------------------- Landlord’s responsibility pursuant to paragraph 4.1 of this Lease (captioned “Maintenance and Repair by Landlord”)'s responsibility, and except for the janitorial services to be provided by Landlord in accordance with Exhibit G. Tenant shall at Tenant’s 's sole cost and expense keep, clean keep and maintain the Premises in good condition and repair, ordinary wear including the performance of maintenance and tear exceptedrepair of Tenant's furniture, fixtures, and equipment, including interior painting, cleaning computers and telephone systems and the repair of damage caused by the interior side negligent or willfully wrongful acts 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 on the roof, non-Building standard light bulb and ballast replacement (which lighting purchase must comply with Landlord’s sustainability practices and shall be reported to Landlord in a format suitable to Landlord) and interior preventative maintenance. 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)or Tenant's Agents. If Tenant fails to maintain or repair the Premises or any other areas under its control pursuant to this Lease, (e.g., the site of the generator pursuant to Section 4.33) in accordance with this paragraph 4.2Section, then Landlord may, but shall not be required to, enter the Premises upon two (2) Business Days’ Days prior written notice to Tenant (or immediately without any notice in the case of an emergency) to perform such reasonable maintenance or repair at Tenant’s 's sole cost and expense. Tenant shall pay to Landlord the commercially reasonable cost of such maintenance or repair plus a fifteen percent (15%) administration fee within ten (10) Business Days of written demand from Landlord. Tenant shall, at its sole cost and expense, enter into a regularly scheduled preventative maintenance/service contract with a maintenance contractor for servicing all non-base building hot water, heating and air conditioning systems and equipment dedicated solely to specific areas of the Premises including, without limit, supplemental HVAC units servicing computer rooms, conference or training rooms, or other specialty areas and other items for which Tenant is responsible as provided in this Lease. The maintenance contractors and contracts must be approved in advance by Landlord which approval will not be unreasonably withheld, conditioned or delayed. The service contracts shall become effective (and a copy of such contract or contracts delivered to Landlord upon request) within thirty (30) days following the date Tenant takes possession of the Premises.

Appears in 1 contract

Samples: Deed of Lease (Digex Inc/De)

Maintenance and Repair by Tenant. Except as Tenant shall be responsible for all -------------------------------- maintenance and repair to the Premises of whatsoever kind or nature that is expressly not hereinafter set forth specifically as the obligation of Landlord’s responsibility pursuant to paragraph 4.1 . Tenant shall take good care of this Lease (captioned “Maintenance the Premises and Repair by Landlord”)fixtures, and except keep them in good repair and free from filth, overloading, danger of fire or any pest or nuisance, and repair any damage or breakage done by Tenant or Tenant's agents, employees or invitees, including damage done to the Building by Tenant's equipment or installations. Tenant shall be responsible for the janitorial services to be provided by Landlord in accordance with Exhibit G. repair and replacement of all glass and plate glass on the Premises. Tenant shall furnish and pay for the upkeep, maintenance, repair and periodic servicing of the heating, ventilation and air conditioning system servicing the Premises, except that Landlord, at Landlord's option, may elect to enter into a service contract for the heating, ventilation and air conditioning equipment for periodic inspection of such equipment and if Landlord so elects, Tenant shall pay as Additional Rent, as part of Common Area Expenses, Tenant’s sole 's Proportionate Share of the cost and expense keepof the service and inspection provided pursuant to such contract. At the end of the Lease Term or any renewal thereof, clean Tenant shall quit and maintain surrender the Premises broom clean in as good condition and repairas when received by Tenant, ordinary normal wear and tear excepted, including interior painting, cleaning of . In the interior 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 on the roof, non-Building standard light bulb and ballast replacement (which lighting purchase must comply with Landlord’s sustainability practices and shall be reported to Landlord in a format suitable to Landlord) and interior preventative maintenance. 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 event Tenant fails to maintain or repair the Premises in accordance with this paragraph 4.2, then as provided for herein Landlord mayshall have the right, but shall not be required tothe obligation, enter the Premises upon two (2) Business Days’ prior written notice to Tenant (or immediately without any notice in the case of an emergency) to perform such reasonable maintenance or repair at Tenant’s sole cost and expense. as is required of Tenant in which event Tenant shall pay to promptly reimburse Landlord the for its cost of in providing such maintenance or repair plus repairs together with a fifteen ten percent (1510%) administration fee within ten (10) Business Days charge for Landlord's overhead. There shall be no overhead charge in connection with the servicing of written demand from Landlordthe heating, air conditioning and ventilation equipment if Landlord has elected to provide such service under this Section.

Appears in 1 contract

Samples: Entire Agreement (Lumonics Inc)

Maintenance and Repair by Tenant. Except as is expressly A. Tenant shall be responsible for all necessary or appropriate maintenance, repair, and replacement to the Premises of every kind or nature not hereinafter set forth specifically as the obligation of Landlord’s responsibility pursuant , 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 paragraph 4.1 the approval of this Lease (captioned “Maintenance Landlord and Repair within a reasonable period of time specified by Landlord”), and except for the janitorial services to be provided by Landlord in accordance with Exhibit G. Tenant shall at repair or replace any damage or breakage to the Premises or the Building caused by Tenant or Tenant’s sole cost '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 expense keep, clean and maintain surrender the Premises in a condition as good condition and repairas when received by Tenant, ordinary normal wear and tear casualty damage excepted, including interior painting, cleaning of . In the interior 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 on the roof, non-Building standard light bulb and ballast replacement (which lighting purchase must comply with Landlord’s sustainability practices and shall be reported to Landlord in a format suitable to Landlord) and interior preventative maintenance. 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 event Tenant fails to maintain maintain, repair or repair replace any damage or breakage to the Premises in accordance with this paragraph 4.2as provided for herein, then Landlord mayshall have the right, but shall not be required tothe obligation, enter the Premises upon two (2) Business Days’ prior written notice to Tenant (or immediately without any notice in the case of an emergency) to perform such reasonable maintenance maintenance, repair or repair at Tenant’s sole cost and expense. replacement in which event Tenant shall pay 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 component part) requires replacement, Landlord shall perform such replacement and Tenant shall reimburse Landlord on demand for an amount equal to the cost thereof multiplied by a fraction the numerator of such maintenance or repair plus a fifteen percent which is the number of months remaining in the Lease Term (15%at the time the unit was replaced) administration fee within ten and the denominator of which is the useful life of the unit (10) Business Days of written demand from as reasonably determined by Landlord).

Appears in 1 contract

Samples: Yesmail Com Inc

Maintenance and Repair by Tenant. Except as is expressly set forth as Landlord’s 's responsibility pursuant to the paragraph 4.1 of this Lease (captioned "Maintenance and Repair by Landlord”), and except for the janitorial services to be provided by Landlord in accordance with Exhibit G. ," Tenant shall at Tenant’s 's sole cost and expense keep, clean keep and maintain the Premises in good condition and repair, ordinary wear and tear excepted, including interior painting, cleaning of the interior side of all exterior glass, plumbing and utilityutility fixtures and installations if repair of the aforesaid plumbing and utility fixtures and installations is necessitated by the act or negligence of Tenant or Tenant's Agents (except for any plumbing fixtures such as dishwashers, disposals and installationsthe like installed in the Premises for Tenant's exclusive use, which in all events shall be the responsibility of Tenant to keep and maintain in good order and repair at its own cost and expense), carpets and floor coverings, all interior wall surfaces and coverings (including tile and paneling), interior window replacementreplacement 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 requested installations on the roofroof including satellite dishes, 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 4.2paragraph, then Landlord may, but shall not be required to, enter the Premises upon two (2) Business Days’ Days prior written notice to Tenant (or immediately without any notice in the case of an emergency) to perform such reasonable maintenance or repair at Tenant’s 's sole cost and expense. Tenant shall pay to Landlord the cost of such maintenance or repair plus a fifteen percent (15%) administration fee within ten (10) Business Days of written demand from Landlord.

Appears in 1 contract

Samples: Lease (Healthgate Data Corp)

Maintenance and Repair by Tenant. Tenant shall not store any trash, merchandise, crates, pallets or materials of any kind outside the Premises or Building. It is the intention of all parties to this Lease that it be a “triple net lease” and that Tenant shall pay, in addition to Rent, as Additional Rent, all items set forth in Section 5.3, and its subparts herein, and all costs and expenses related to the Premises, including, without limitation, all taxes, maintenance and repair expenses (except as otherwise specified herein). Except as is expressly set forth as Landlord’s responsibility pursuant to paragraph 4.1 of this Lease (captioned “Maintenance and Repair by Landlord”)below, and except for the janitorial services to be provided by Landlord in accordance with Exhibit G. Tenant shall shall, at Tenant’s its sole cost and expense keepexpense, clean maintain all of the Premises, including, but not limited to, interior walls, windows, doors, display windows, and maintain all portions of the Premises in good and sanitary order, condition and repair. Tenant shall, ordinary wear at its sole cost and tear exceptedexpense, including interior paintingkeep and maintain all utilities, cleaning of fixtures, mechanical, electrical and plumbing systems and equipment located in, on or about the interior 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 on the roof, non-Building standard light bulb and ballast replacement (which lighting purchase must comply with Landlord’s sustainability practices and shall be reported to Landlord in a format suitable to Landlord) and interior preventative maintenancePremises. Tenant shall use commercially reasonable efforts to ensure that be responsible for the maintenance of any and all maintenance interior and repairs made by Tenant comply with Landlord’s sustainability practices other areas of the Premises including, but not limited to, all walls, ceilings, fixtures, floors, all improvements, all tenant additions and any applicable Green Agency Rating (as and all other areas within the same may change from time Premises whatsoever. No vehicles, including, but not limited to, inoperable vehicles, recreational vehicles or vehicles without valid inspection tags, boats, motors or other similar equipment shall be stored or kept outside the Building. It is the intent of this Lease to time)prohibit any outside storage of any type. If Tenant fails to make, maintain or repair keep the Premises in accordance with this paragraph 4.2good repair and such failure continues for five (5) days after written notice from Landlord, then the same shall be deemed an Event of Default, and Landlord maymay perform, but shall is 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) obligated to perform any such reasonable required maintenance or repair at Tenant’s sole cost and expense. Tenant shall pay to Landlord repairs, and the cost of such maintenance or repair plus a fifteen percent (15%) administration fee thereof shall be Additional Rent payable by Tenant within ten (10) Business Days days of written demand receipt of an invoice from Landlord.

Appears in 1 contract

Samples: Office Lease (Towerstream Corp)

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Maintenance and Repair by Tenant. Except as is expressly set forth as Landlord’s responsibility pursuant to paragraph 4.1 of this Lease (the Section captioned “Maintenance and Repair by Landlord,” and except to the extent the necessity for any such repairs or replacements results from the gross negligence or willful misconduct of Landlord or Landlord’s Agents (but subject in such event to the waiver of subrogation contained herein), and except for the janitorial services to be provided by Landlord in accordance with Exhibit G. Tenant shall at Tenant’s sole cost and expense keepclean, clean keep and maintain the interior non-structural portions of the Premises in good condition and repair, ordinary wear and tear excepted, including interior painting, cleaning of clean the interior side of all exterior glass, plumbing and utility, utility fixtures and installations, carpets and floor coverings, all interior wall surfaces and coverings (including tile and paneling), interior window replacement, exterior and cleaning interior doors, roof penetrations and membranes in connection with any Tenant requested installations on the roof, non-Building building standard light bulb and ballast replacement (which lighting purchase purchases must comply with Landlord’s sustainability practices and shall be reported to Landlord in a format reasonably suitable to Landlord) and ), interior preventative maintenancemaintenance and any supplemental maintenance referred to in the last sentence of this paragraph. Tenant shall use commercially reasonable efforts to ensure that all All maintenance and repairs made by Tenant must comply with Landlord’s sustainability practices and any applicable Green Agency Rating (Rating, as the same may change from time to time). If Tenant fails to maintain or repair the Premises in accordance with this paragraph Section 4.2, then Landlord may, but shall not be required to, enter the Premises upon two five (25) Business Days’ Days prior written notice to Tenant (or immediately without any notice in the case of an emergency) to perform such reasonable maintenance or repair at Tenant’s sole cost and expense. Tenant shall pay to Landlord the cost of such maintenance or repair plus a fifteen five percent (155%) administration fee within ten thirty (1030) Business Days days of written demand from Landlord. Tenant shall, at its sole cost and expense, enter into a regularly scheduled preventative maintenance/service contract with a maintenance contractor for servicing all supplemental heating, ventilation and air conditioning systems and equipment located within or dedicated solely to the Premises which were installed by or for Tenant. The maintenance contractor and the contract must be reasonably (other than with respect to union requirements, which shall be 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

Samples: Office Lease (Kythera Biopharmaceuticals Inc)

Maintenance and Repair by Tenant. Except as is expressly set forth as -------------------------------- Landlord’s 's responsibility pursuant to the paragraph 4.1 of this Lease (captioned "Maintenance and --------------- Repair by Landlord”), and except for the janitorial services to be provided by Landlord in accordance with Exhibit G. ," Tenant shall at Tenant’s 's sole cost and expense keep, clean keep and ------------------ maintain the Premises in good condition and repair, ordinary wear and tear excepted, including interior painting, cleaning of the interior side of all exterior glass, plumbing and utility, utility fixtures and installationsinstallations within the Premises, 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), interior window replacement, exterior and interior doors, roof penetrations and membranes in connection with any Tenant requested installations on the roofroof including satellite dishes, non-Building standard light bulb replacement 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 ordinary 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 4.2and 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’ Days prior written notice to Tenant (or immediately without any notice in the case of an emergency) to perform such reasonable maintenance or repair at Tenant’s 's sole cost and expense. Tenant shall pay to Landlord the cost of such maintenance or repair plus a fifteen percent (15%) administration fee within ten (10) Business Days of written demand from Landlord. Tenant shall, at its sole cost and expense, enter into a regularly scheduled preventative maintenance/service contract with a maintenance contractor for servicing all hot water, heating and air conditioning systems and equipment located within or dedicated solely to the Premises. The maintenance contractor and the contract must be approved in advance by Landlord, which approval shall not unreasonably be withheld or delayed. The service contracts must include all services recommended by the equipment manufacturer within the operation/maintenance manual and shall become effective (and a copy of such contract or contracts delivered to Landlord) within thirty (30) days following the Commencement Date. Upon request by Landlord, Tenant shall provide Landlord with copies of such service contracts.

Appears in 1 contract

Samples: Lease (Sonosite Inc)

Maintenance and Repair by Tenant. Except as is expressly set forth as Landlord’s 's responsibility pursuant to the paragraph 4.1 of this Lease (captioned “Maintenance and Repair by Landlord”), and except for the janitorial services to be provided by Landlord in accordance with Exhibit G. "MAINTENANCE AND REPAIR BY LANDLORD," Tenant shall at Tenant’s 's sole cost and expense keep, clean keep and maintain all portions of the Premises in good condition and repair, other than ordinary wear and tear exceptedtear, including interior painting, cleaning of the interior side of all exterior glass, plumbing and utility, 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), interior window replacement, exterior and interior doors, roof penetrations and membranes in connection with any Tenant requested installations on the roofroof including satellite dishes, 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 4.2paragraph, then Landlord may, but shall not be required to, enter the Premises upon two ten (210) Business Days’ Days prior written notice to Tenant (or immediately without any notice in the case of an emergency) to perform such reasonable maintenance or repair at Tenant’s 's sole cost and expense. Tenant shall pay to Landlord the cost of such maintenance or repair plus a fifteen twelve and one-half percent (1512.5%) administration fee fee, within ten (10) Business Days of written demand from Landlord.. Tenant shall, at its own cost and expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor for servicing all hot water, heating and air conditioning systems and equipment located within or dedicated solely to the Premises. The maintenance contractor and the contract must be approved by Landlord, which approval shall not be unreasonably withheld. Landlord shall maintain and replace all heating and air conditioning systems not solely serving the Premises, and all costs associated therewith shall be included as part of Operating Costs, in accordance with Section 3.4 above; provided however, that notwithstanding anything to the contrary contained herein, at Landlord's option, Landlord shall maintain the heating, ventilating and air conditioning systems and equipment exclusively serving the Premises, and all costs associated with such maintenance by Landlord shall be paid for by Tenant as Additional Rent upon demand by Landlord. The service contracts shall include all services recommended by the equipment manufacturer within the operation/maintenance manual and shall become effective (and a copy thereof delivered to Landlord) within thirty (30) days following the date Tenant takes possession of the Premises. 4.3

Appears in 1 contract

Samples: Letter and Construction Agreement (Oakley Inc)

Maintenance and Repair by Tenant. Except as is expressly set forth as Landlord’s 's responsibility pursuant to the paragraph 4.1 of this Lease (captioned “Maintenance and Repair by Landlord”), and except for the janitorial services to be provided by Landlord in accordance with Exhibit G. "MAINTENANCE AND REPAIR BY LANDLORD," Tenant shall at Tenant’s 's sole cost and expense keep, clean keep and maintain all portions of the Premises in good condition and repair, ordinary wear and tear exceptedincluding, including interior without limitation, the structure of the Premises, painting, cleaning of the interior side of all exterior glass, plumbing and utility, 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), interior window replacement, exterior and interior doors, roof penetrations and membranes in connection with any Tenant requested installations on the roofroof in accordance with Section 4.4 below, non-Building standard including satellite dishes, 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 4.2paragraph, and there is an imminent threat of damage to person or property (as reasonably determined by Landlord), then Landlord may, but shall not be required to, enter the Premises upon two (2) Business Days’ prior written notice to Tenant (or immediately without any notice in the case of an emergency) to perform such reasonable maintenance or repair at Tenant’s 's sole cost and expense. Tenant shall pay to Landlord the cost of such maintenance or repair plus a fifteen ten percent (1510%) administration fee fee, within ten twenty (1020) Business Days of written demand from Landlord.. Tenant shall, at its own cost and expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor for servicing all hot water, heating and air conditioning systems and equipment located within or dedicated solely to the Premises. The maintenance contractor and the contract must be 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) within forty-five (45) days following the date Tenant takes possession of the Premises. 4.3

Appears in 1 contract

Samples: Letter and Construction Agreement (Childrens Place Retail Stores Inc)

Maintenance and Repair by Tenant. Except as is expressly set forth as Landlord’s responsibility pursuant to paragraph Section 4.1 of this Lease (captioned “Maintenance and Repair by Landlord”), and except for the janitorial services to be provided by Landlord in accordance with Exhibit G. Tenant shall at Tenant’s sole cost and expense keep, clean and maintain the Premises in good condition and repair, ordinary repair (subject to reasonable wear and tear exceptedtear), including interior painting, cleaning of the interior side of all exterior glass, plumbing and utility, utility fixtures 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 on the roof, non-Building standard light bulb and ballast replacement (which lighting purchase must comply with Landlord’s sustainability practices and shall be reported to Landlord in a format suitable to Landlord) and interior preventative maintenance. 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 4.2and 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 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 two one (21) Business Days’ Day’s prior written notice to Tenant (or immediately without any notice in the case of an emergency) to perform such reasonable maintenance or repair at Tenant’s sole cost and expense. Notwithstanding the foregoing, Landlord may enter the Premises without notice in the case of an emergency. Tenant shall pay to Landlord the cost of such maintenance or repair plus a fifteen ten percent (1510%) administration fee within ten (10) Business Days of written demand from Landlord.

Appears in 1 contract

Samples: Lease (PharMEDium Healthcare Holdings, Inc.)

Maintenance and Repair by Tenant. Except as is expressly set forth as Landlord’s 's responsibility pursuant to the paragraph 4.1 of this Lease (captioned "Maintenance and Repair by Landlord”)," Tenant shall, and except for the janitorial services to be provided by Landlord in accordance with Exhibit G. Tenant shall at Tenant’s 's sole cost and expense keepexpense, clean keep and maintain the Premises in good condition and repair, ordinary wear and tear excepted, including (a) interior painting, (b) cleaning of the entire Project, including the interior side and exterior sides of all exterior glass, (c) plumbing and utility, 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), interior window replacement, (g) exterior and interior doorsdoors to the Premises, roof penetrations and membranes in connection with any Tenant requested installations on the roof, non-Building standard (g) light bulb replacement, (h) reasonable preventative maintenance of the entire Project, including any and ballast replacement (which lighting purchase must comply with Landlord’s sustainability practices all heating, ventilation 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)air conditioning equipment. If Tenant fails to maintain or repair the Premises Project in accordance with this paragraph 4.2paragraph, then Landlord may, but shall not be required to, enter the Premises upon two five (25) Business Days’ Days prior written notice to Tenant (or immediately without any notice in the case of an emergency) to perform such reasonable maintenance or repair at Tenant’s 's sole cost and expense. Tenant shall pay to Landlord the reasonable cost of such maintenance or repair plus a fifteen ten percent (1510%) administration fee within ten (10) Business Days of written demand from Landlord.. Tenant shall contract directly with contractors reasonably acceptable to Landlord for the completion of Tenant's maintenance and repair obligations set forth above. The contracts with such contractors shall be in form

Appears in 1 contract

Samples: Lease (Netlibrary Inc)

Maintenance and Repair by Tenant. Except as is expressly set forth as Landlord’s responsibility pursuant to paragraph 4.1 of this Lease (captioned “Maintenance and Repair by Landlord”)Tenant shall, and except for the janitorial services to be provided by Landlord in accordance with Exhibit G. Tenant shall at Tenant’s sole its own cost and expense expense, keep, clean maintain and maintain repair the Premises Premises, including all buildings and improvements of every kind which may be a part thereof, (whether interior or exterior, structural or non-structural); all heating, electrical, air conditioning, ventilating and plumbing equipment therein; and all appurtenances thereto, including sidewalks and parking areas adjacent thereto, in good condition and repair, ordinary wear and tear excepted, including interior painting, cleaning of the interior 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 on the roof, non-Building standard light bulb and ballast replacement (which lighting purchase must comply with Landlord’s sustainability practices and shall repair, restore and replace any such improvements which may become inoperable or be reported to Landlord in a format suitable to Landlord) and interior preventative maintenancedestroyed or damaged by fire, casualty or any other cause. Tenant shall use commercially reasonable efforts to ensure that all maintenance and repairs made by Tenant comply with Landlord’s sustainability practices all federal, state, county, municipal and other governmental statutes, ordinances, laws and regulations affecting the Premises and improvements thereon, or any applicable Green Agency Rating (as activity or condition on or in the same may change from time to time)Premises. If Tenant fails to maintain or repair shall, at its own expense, keep the Premises in accordance sanitary, clean and neat order and keep the sidewalks and parking area free of snow and trash. At Landlord's option, subsequent to reasonable notice given by Landlord to Tenant, either generally or with this paragraph 4.2regard to a specific circumstance, then Landlord maymay undertake to keep and maintain sidewalks, but shall not be required toparking areas, enter and other exterior improvements other than the exterior portions of buildings upon Tenant's failure to do so, at Tenant's expense. Without limiting any of its other rights hereunder Landlord retains the right to landscape, construct and maintain drainage and storm water control xxxxxx, construct a fence, and erect signs in accord with applicable landscaping standards and criteria in the area of the Premises upon two (2) Business Days’ prior written notice which borders on and is within fifty feet of roadways or which is designated as a water detention area. In addition, any lands in restored prairie areas shall be kept and maintained by Landlord at Landlord's expense and Landlord reserves the right to Tenant (or immediately without any notice in enter such areas for the case purpose of an emergency) to perform such reasonable maintenance or repair at Tenant’s sole cost and expense. Tenant shall pay to Landlord maintaining the cost of such maintenance or repair plus a fifteen percent (15%) administration fee within ten (10) Business Days of written demand from Landlordsame.

Appears in 1 contract

Samples: Invitrogen Corp

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