Maintenance and Repair of Building. All costs to maintain and repair the Building, including any necessary replacements of Building components and equipment (the “Maintenance and Repair Costs”), including but not limited to the roof coverings, the floor slabs, the exterior glass and the exterior walls (including the painting and crack sealing thereof) of the Building, all utility and plumbing systems, and fixtures and equipment located outside the Building and all costs associated with the maintenance, repair, installation, and replacement of Building alarm systems (if any) and fire detection systems, back flow systems and testing, fire line monitoring, washing and cleaning of exterior window and wall surfaces, and any alterations or improvements to the Building to comply with laws effective after Commencement Date, and any other costs levied, assessed or imposed by, or at the direction of, or resulting from statutes or regulations, or interpretations thereof, promulgated by any governmental authority or insurer in connection with the use or occupancy of the Building. Notwithstanding said provisions, if any improvement or replacement to the Building under this subparagraph has a useful life of more than five years, and costs in excess of $25,000, then the cost of such improvement or replacement shall be fully amortized on a straight-line basis over the useful life of such improvement or replacement, with interest thereon at an annual rate equal to the prime rate then quoted by the Wall Street Journal, plus one percent (1%)„ and only the amortized portion of such cost and interest shall be included annually in the Maintenance and Repair Costs due under this sub-paragraph. Also notwithstanding anything to the contrary, Maintenance and Repair Costs shall not include any costs incurred by Landlord to maintain, repair or replace the structural integrity of the exterior walls (other than for painting or crack sealing), foundation, and structural components of the roof, unless such repair or replacement is necessitated by acts of Tenant, its Agents, or contractors.
Appears in 2 contracts
Samples: Lease Agreement (Aerohive Networks, Inc), Lease Agreement (Aerohive Networks, Inc)
Maintenance and Repair of Building. All costs to maintain and repair the Building, including any necessary replacements of Building components and equipment (the “Maintenance and Repair Costs”), including but not limited to the roof coverings, the floor slabs, the exterior glass and the exterior walls (including exterior glass and the painting and crack sealing thereof) of the Building, all utility and plumbing systems, and fixtures and equipment located outside the Building and all costs associated with the maintenance, repair, installation, and replacement of Building alarm systems (if any) and fire detection systems, back flow systems and testing, fire line monitoring, washing and cleaning of exterior window wall surfaces and wall surfacesexterior glass, and any alterations or improvements to the Building to comply with laws effective after the Commencement Date, and any other costs levied, assessed or imposed by, or at the direction of, or resulting from statutes or regulations, or interpretations thereof, promulgated by any governmental authority or insurer in connection with the use or occupancy of the Building. Notwithstanding said provisionsanything to the contrary herein, if the cost of any improvement improvement, repair or replacement to the Building under this subparagraph Property which has a useful life of more than five years, and costs in excess of five (5) years and which exceeds $25,00020,000 for any such improvement, then the cost of such improvement repair or replacement (“Capital Expenditures”), shall be fully amortized on a straight-line basis in accordance with generally accepted accounting principles over the useful life of such improvement or replacement, with interest thereon at an annual the rate equal to the prime rate then quoted by the Wall Street Journalof 10% per annum, plus one percent (1%)„ and only the amortized portion of such cost and interest shall be included annually in the Maintenance and Repair Costs due under this sub-paragraphsubparagraph. Also notwithstanding anything to the contrary, Maintenance and Repair Costs shall not include any costs incurred by Landlord to maintain, repair or replace the structural integrity of the exterior walls (other than for painting or crack sealing), foundation, and structural components of the roof, unless such repair or replacement is necessitated by acts of Tenant, its Agents, or contractors.
Appears in 2 contracts
Samples: Lease Agreement (Silk Road Medical Inc), Lease Agreement (Silk Road Medical Inc)