Common use of MAINTENANCE AND REPAIRS TO BE MADE BY TENANT Clause in Contracts

MAINTENANCE AND REPAIRS TO BE MADE BY TENANT. 6.4.1. Tenant covenants and agrees that Tenant will keep neat and clean and maintain in good order, condition and repair, the Premises and every part thereof (and any signs permitted hereunder), and specifically including, without limitation, the supplemental HVAC system and equipment serving Tenant's computer room, throughout the Lease Term, excepting only those repairs for which Landlord is responsible under the terms of this Lease, damage by fire or other casualty or as a consequence of the exercise of the power of eminent domain and reasonable wear and tear and Tenant shall surrender the Premises at the end of the Term in such condition. Without limitation, Tenant shall maintain and use the Premises in accordance with all Laws and Restrictions and shall, at Tenant's own expense obtain and maintain in effect all permits, licenses and the like required by applicable law, all to the extent necessitated by Tenant's (or any of its employee's, invitee's or customer's) particular use of the Premises, as opposed to "office use" generally which will be the responsibility of Landlord and the cost for which shall be included in Operating Expenses, subject to the terms of Section 8.2. Tenant shall not permit or commit any waste, and Tenant shall be responsible for the cost of repairs which may be made necessary by reason of damage to any areas in the Building or Office Park, including the Premises, by Tenant, Tenant's contractors or Tenant's agents, employees, invitees, or anyone claiming by, through or under Tenant. Landlord may replace as needed any bulbs and ballasts in the Premises during the Lease Term at Tenant's cost and expense, or Landlord may require Tenant to replace the same, at Tenant's cost and expense. Tenant shall pay Landlord, as additional rent, the cost of Landlord (or its agents) either performing, or entering into a contract for, regularly scheduled (monthly or quarterly as reasonably determined by Landlord) preventive maintenance/service for the supplemental HVAC system and equipment serving Tenant's computer room; provided that during the first Lease Year, Tenant shall not be required to pay for any repairs or replacements relating to the supplemental HVAC system, except for such preventative maintenance/service and/or incidental repairs and replacements relating thereto (e.g., filters, hoses and other de minimis items).

Appears in 2 contracts

Samples: Lease (Soundbite Communications Inc), Lease Agreement (Soundbite Communications Inc)

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MAINTENANCE AND REPAIRS TO BE MADE BY TENANT. 6.4.1. During the Term as renewed or extended, Tenant covenants at its sole cost and agrees that Tenant will expense shall keep neat and clean and maintain in good order, condition and repair, the Premises and every part thereof (the improvements and any signs permitted hereunder), and specifically including, without limitation, the supplemental HVAC system and equipment appurtenances serving Tenant's computer room, throughout the Lease Term, excepting only those repairs for which Landlord is responsible under the terms of this Lease, damage by fire or other casualty or as a consequence of the exercise of the power of eminent domain and reasonable wear and tear and Tenant shall surrender the Premises at the end of the Term in such condition. Without limitation, Tenant shall maintain and use the Premises in accordance good order and condition as is necessary to maintain the Premises in a condition consistent with all Laws and Restrictions and shallother suburban first-class office buildings. In furtherance of the foregoing, Landlord, at Tenant's own expense obtain expense, will maintain, repair and/or replace the heating, ventilating and maintain air-conditioning system serving the Premises (and if requested by Tenant in effect all permits, licenses and the like required by applicable law, all to the extent necessitated by writing any supplemental HVAC system serving Tenant's (or any of its employee's, invitee's or customer's) particular use of SCIF facility installed within the Premises, as opposed to "office use" generally which will be the responsibility of Landlord and the cost for which shall be included in Operating Expenses, subject to the terms of Section 8.2. Tenant shall not permit or commit any waste, ) and Tenant shall be responsible for the cost of repairs which may be made necessary by reason of damage pay to any areas in the Building or Office Park, including the Premises, by Tenant, TenantLandlord within thirty (30) days after Landlord's contractors or Tenant's agents, employees, invitees, or anyone claiming by, through or under Tenant. Landlord may replace as needed any bulbs and ballasts in the Premises during the Lease Term at Tenant's cost and expense, or Landlord may require Tenant to replace the same, at Tenant's cost and expense. Tenant shall pay Landlordinvoice(s) therefor, as additional rent, the reasonable cost of such maintenance, repair and/or replacement. In this regard Landlord (or its agents) either performingagrees that it will have competent HVAC maintenance firms to perform the necessary work at reasonably commercial prices and that at Tenant's request the contracts for such work, or entering into a contract for, regularly scheduled (monthly or quarterly as reasonably determined well as invoices and other appropriate documentation will be made available for review by Tenant. Tenant shall cause the Premises to be cleaned daily using only those janitorial contractors approved by Landlord) preventive maintenance/service , which approval shall not be unreasonably withheld. Further, Tenant shall cause all trash emanating from the Premises to be removed from the Premises daily and placed within the Common Area wash receptacles for the supplemental HVAC system and equipment serving Tenant's computer room; provided that Building. If at any time during the first Lease YearTerm and any extension or renewal thereof, Landlord shall, after reasonable investigation determine that trash and similar waste generated by Tenant and/or emanating from the Premises is in excess of that of other standard office tenants within the Building (as computed on a per rentable square foot basis), Landlord shall bill Xxxant and Tenant shall pay to Landlord as additional rent hereunder within thirty (30) days of the date of Landlord's invoice for the same, those costs and expenses of trash removal which are reasonably attributable to such excess trash and similar waste generated by Tenant and/or emanating from the Premises. Further, Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which may be allowed under Applicable Laws. Landlord reserves the right to prescribe the weight and position of all heavy equipment brought onto the Premises and prescribe any reinforcing required under the circumstances, all such reinforcing to be at Tenant's expense. All non-structural repairs to the Premises or any installations, equipment or facilities serving the Premise, including but not limited to sprinkler systems and HVAC and related electrical systems, shall be made by Tenant at its expense using only licensed and professional contractors approved by Landlord (which approval by Landlord shall not be unreasonably withheld, conditioned or delayed). Without limiting the generality of the foregoing, Tenant will keep the interior of the Premises, together with all electrical distribution apparatus and service, plumbing and other mechanical installations serving the Premises in good order and repair and will make all replacements from time to time required thereto at its expense; and will surrender the Premises at the expiration of the Term or at such other time as it may vacate the Premises in as good condition as when received, excepting depreciation caused by ordinary wear and tear, damage by casualty (other than such damage by casualty which is caused by the negligence of Tenant, its agents, concessionaires officers, employees, contractors, licensees or invitees, and which is not wholly covered by Landlord's hazard insurance policy), unavoidable accident or Act of God. Tenant will not overload the electrical wiring or HVAC system(s) serving the Premises, and will install at its expense, any additional electrical wiring or HVAC system(s) which may be required to pay in connection with Tenant's apparatus. Any damage or injury sustained by any person because of mechanical, electrical, plumbing or any other equipment or whose maintenance and repair shall be the responsibility of Tenant shall be paid for any repairs or replacements relating to the supplemental HVAC systemby Tenant, except for such preventative maintenance/service and/or incidental repairs and replacements relating thereto (e.g., filters, hoses Tenant shall indemnify and other de minimis items).hold Landlord harmless from and against all claim,

Appears in 1 contract

Samples: Lease Agreement (Applied Signal Technology Inc)

MAINTENANCE AND REPAIRS TO BE MADE BY TENANT. 6.4.1Any and all maintenance and repairs to the Premises or any installations, equipment or facilities therein, other than janitorial services to be provided by Landlord in Section 8.4 or those repairs required to be made by Landlord pursuant to Section 9.1. or Section 13.1., shall be made by Tenant covenants at its sole cost and agrees that expense. Without limiting the generality of the foregoing, Tenant will keep neat and clean and maintain the interior of the Premises (other than janitorial services to be provided by Landlord in Section 8.4 or items to be repaired by Landlord pursuant to Section 9.1.), in good order, condition order and repair, the Premises repair and every part thereof (and any signs permitted hereunder)will make all replacements from time to time required thereto at its expense, and specifically including, without limitation, the supplemental HVAC system and equipment serving Tenant's computer room, throughout the Lease Term, excepting only those repairs for which Landlord is responsible under the terms of this Lease, damage by fire or other casualty or as a consequence of the exercise of the power of eminent domain and reasonable wear and tear and Tenant shall will surrender the Premises at the end expiration of the Term in or at such condition. Without limitation, Tenant shall maintain and use other time as it may vacate the Premises in accordance with all Laws as good condition as when received or as they may be put during the Term, excepting depreciation caused by ordinary wear and Restrictions tear, damage by Casualty (other than such damage by Casualty which is caused by the negligent or willful acts or omissions of Tenant, its agents, concessionaires, officers, employees, contractors, licensees or invitees, and shallwhich is not wholly covered by Landlord's hazard insurance policy), at Tenant's own expense obtain and maintain in effect all permits, licenses and unavoidable accident or act of God. Tenant will not overload the like required by applicable law, all to electrical wiring serving the extent necessitated by Tenant's (Premises or any of its employee's, invitee's or customer's) particular use of within the Premises, as opposed to "office use" generally which and will be the responsibility of Landlord and the cost for which shall be included in Operating Expensesinstall at its expense, subject to the terms provisions of Section 8.29.4., any additional electrical wiring which may be required in connection with Tenant's apparatus. Tenant shall not permit or commit any waste, and Tenant shall be responsible for any damage or injury sustained by any person because of any defect in, condition of or modification of any mechanical, electrical, plumbing or any other equipment or installations, whose maintenance and repair shall be the cost responsibility of repairs which may Tenant and shall be made necessary by reason of damage to any areas in the Building or Office Park, including the Premises, paid for by Tenant, Tenant's contractors or Tenant's agents, employees, invitees, or anyone claiming by, through or under Tenant. Landlord may replace as needed any bulbs and ballasts in the Premises during the Lease Term at Tenant's cost and expense, or Landlord may require Tenant to replace the same, at Tenant's cost and expense. Tenant shall pay Landlordindemnify and hold Landlord harmless from and against all claims, as additional rentactions, the cost of Landlord (or its agents) either performingdamages and liability in connection therewith including, or entering into a contract forbut not limited to, regularly scheduled (monthly or quarterly as reasonably determined by Landlord) preventive maintenance/service for the supplemental HVAC system and equipment serving Tenant's computer room; provided that during the first Lease Year, Tenant shall not be required to pay for any repairs or replacements relating to the supplemental HVAC system, except for such preventative maintenance/service and/or incidental repairs and replacements relating thereto (e.g., filters, hoses attorney and other de minimis items)professional fees, and any other cost which Landlord might reasonably incur.

Appears in 1 contract

Samples: Lease Agreement (Vialog Corp)

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MAINTENANCE AND REPAIRS TO BE MADE BY TENANT. 6.4.1. i. Tenant covenants and agrees that Tenant will keep neat and clean and maintain in good order, condition and repair, the Premises and every part thereof (and any signs or Lighting Systems permitted hereunder), and specifically including, without limitation, the supplemental HVAC system and equipment serving Tenant's computer room, ) throughout the Lease Term, excepting only those repairs for which Landlord is responsible under the terms of this Lease, damage by fire or other casualty or as a consequence of the exercise of the power of eminent domain and reasonable wear and tear and Tenant shall surrender the Premises at the end of the Term in such condition. Without limitation, Tenant shall maintain and use the Premises in accordance with all Laws and Restrictions and shall, at Tenant's ’s own expense obtain and maintain in effect all permits, licenses and the like required by applicable law, all to the extent necessitated by Tenant's (or any of its employee's, invitee's or customer's) particular use of the Premises, as opposed to "office use" generally which will be the responsibility of Landlord and the cost for which shall be included in Operating Expenses, subject to the terms of Section 8.2. Tenant shall not permit or commit any waste, and Tenant shall be responsible for the cost of repairs which may be made necessary by reason of damage to any areas in the Building or Office Park, including the Premises, by Tenant, Tenant's ’s contractors or Tenant's ’s agents, employees, invitees, or anyone claiming by, through or under Tenant. Landlord may replace as needed any non-LED bulbs and ballasts in the Premises during the Lease Term at Tenant's ’s cost and expense, or Landlord may require Tenant to replace the samesame (and/or LED bulbs), at Tenant's ’s cost and expense. Tenant shall pay Landlord, as additional rent, the cost of Landlord (or its agents) either performing, or entering into a contract for, regularly scheduled (monthly or quarterly as reasonably determined by Landlord) preventive maintenance/service for the supplemental HVAC system and equipment serving Tenant's computer room; provided that during the first Lease Year, Tenant shall not be required to pay for any repairs or replacements relating to the supplemental HVAC system, except for such preventative maintenance/service and/or incidental repairs and replacements relating thereto (e.g., filters, hoses and other de minimis items).

Appears in 1 contract

Samples: Expansion Option Agreement (Color Kinetics Inc)

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