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Common use of Maintenance and Repairs Clause in Contracts

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.

Appears in 5 contracts

Samples: Lease Agreement (Rentx Industries Inc), Lease Agreement (Rentx Industries Inc), Lease Agreement (Rentx Industries Inc)

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Maintenance and Repairs. (1) Except Landlord shall be responsible for matters specified under Paragraph 4 above all repairs and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within maintenance to the Premises; all equipment installed , with the exception of (i) such repairs necessitated by Resident’s intentional or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use negligent misuse of the Premises which shall be the responsibility of Resident; (ii) the replacement, as a result needed, of performing batteries in the smoke detectors and CO detectors, and all interior and exterior light bulbs in the Premises which shall be the responsibility of Resident; and (iii) the replacement of the air-conditioning filter, which Resident is responsible to change at least once per month. If repairs are necessary due to Resident’s neglect or misuse Landlord has the right to make repairs without Resident’s approval and bill these repairs to Residents. Once Landlord is aware of needed repairs, they have the right to make such repairs as soon as they see fit without further notice to Resident, and Landlord does not have any obligation to allow Resident to make such work. (3) repairs. Resident shall promptly inform Xxxxxxxx, or its agent, in writing, of any necessary repairs which need to be performed by Landlord. If Resident fails to notify Landlord of any issues and this leads to additional damage, Resident will maintain, repair and replace all structural components be responsible for the cost of the repairs of any additional damage. Resident shall keep the Premises and the roof of the Building, items furnished by Landlord in good and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it clean condition. Resident shall be Landlord's responsibility to promptly make and pay reimburse Landlord within five (5) days for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay costs for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for necessary repairs or the making of repairs (replacements necessitated by Resident’s intentional or both) which Landlord is obligated to effect at Landlord's expense renders a material portion negligent misuse of the Premises unusable for more than three consecutive business daysor any items furnished by Landlord, then Tenant shall otherwise Resident will be entitled subject to an abatement of rent commencing with the fourth business day that the same are unusable; providedlate fees described in section 5. Landlord, howeverits officers, that Tenant agents and employees, shall not be entitled liable in any manner for any loss, injury or damage to a pro rata abatement of rent under the foregoing Resident, its agents and guests, due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servantsoutstanding repairs. Xxxxxxxx’s sole obligation is to be reasonably diligent in Landlord’s effort to execute necessary maintenance repairs. If Landlord uses a third party to make repairs, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question Landlord is one which Tenant is not obligated to furnish under provide receipts, and may increase charges to account for Landlord’s time spent on the provisions matter. Landlord has the right to preform regular inspections and make repairs during the term of this Leasethe lease, and charge Resident for such repairs in as timely manner. Without providing concession, Landlord has the right to make improvements to the Unit during the term of the lease, while the Unit is occupied, and will make every effort to minimize disturbance to Resident.

Appears in 3 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's its sole cost and expense, maintain the Premises in good orderperform all maintenance, condition repair and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within replacement tasks to the Premises; all equipment installed by or at the expense of Tenant; provided, however, prior to exercise and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use performance of the Premises as a result of performing any such work. (3) Option, neither Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement nor Tenant shall be obligated to make repairs or alteration or other change improvements that would be considered a capital improvement or replacement expense (according to Generally Accepted Accounting Principles, “GAAP”). By way of illustration, but not as a limitation at all times throughout the Term, Tenant shall maintain all improvements to the Premises under generally accepted accounting principlesnow or hereafter existing therein or thereon in good condition consistent with the standards of maintenance established during Landlord’s ownership. Tenant’s obligation to maintain and repair shall also specifically include the maintenance, then it repair or replacement of fixtures and equipment essential to operation and enjoyment of the Premises; the heating, air- conditioning, electrical and plumbing systems; exterior and interior doors; windows and glass; any signs or other equipment installed and used by Tenant; and any easements appurtenant to the Premises in accordance with the terms of such easements. Tenant shall make such replacements of any of the foregoing as may become reasonably necessary during the Term. The provisions of this Section 9 shall not apply in the case of damage or destruction by fire or other casualty, or in the case of eminent domain, in which event the obligations of Tenant shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building controlled by the square footage of all buildings benefitted by specific provisions hereof addressing such improvement, including the Building) of the annual amortized amountevents. Such payment will be made by Tenant In carrying out its obligations as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceedsthis Section 9, Tenant will pay for agrees to conform to all requirements of law, the cost regulations of such repairapplicable public authorities, and the requirements of insurers. Notwithstanding anything in this Lease to the contraryFurther, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not take any action nor permit any action to be entitled taken which would result in or cause the loss, termination or forfeiture of any easement right appurtenant to a pro rata abatement the Premises or which would result in the violation of rent under any covenants, conditions or restrictions burdening the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this LeasePremises.

Appears in 3 contracts

Samples: Asset Transfer Agreement, Asset Transfer Agreement, Lease Agreement

Maintenance and Repairs. (1) Except for matters specified FOUNDATION will manage the design and construction of the Manufacturing Facility, subject to SILEVO’s rights under Paragraph 4 above Section 5.1(b). FOUNDATION shall keep the foundation, the exterior walls, plate glass windows, exterior entrance doors, exterior entrance door closure devices, and Paragraph 8A(3) below as being Landlord's obligationother exterior openings; window and window frames, Tenant shallmolding, at Tenant's sole cost locks, and expensehardware; signs, maintain placards, decorations or advertising media of any type, underground utilities and roof of the Premises Manufacturing Facility and furnace in good orderrepair. FOUNDATION will keep SILEVO apprised, condition where applicable, of maintenance and repair, ordinary wear repair work to the Manufacturing Facility and tear will coordinate any such maintenance and damage by fire and casualty excepted, including: repair work with SILEVO so as to minimize the interior surfaces disruption of the ceilingsManufacturing Operations. SILEVO shall be responsible for the maintenance and repair of the Manufacturing Equipment. SILEVO shall make all needed repairs and replacements of the Manufacturing Equipment, walls and floors; all doors and interior windows; furnishings installed within the Premises; Manufacturing Facility (including all equipment installed by utility systems located either within or at above ground on the expense outside perimeter of Tenant; the Manufacturing Facility), except for repairs and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are replacements required to so maintain the Premisesbe made by FOUNDATION hereunder. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense Manufacturing Equipment should become in need of Tenant as are reasonably maintenance or repair required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant SILEVO hereunder, SILEVO shall give prompt written notice thereof to FOUNDATION reasonably describing the maintenance and repair work to be performed, the Manufacturing Equipment affected, and proposed treatment; but in the event a condition arises with respect to the Manufacturing Equipment that either (i) creates a materially unsafe condition or imminent danger to persons with respect to the Manufacturing Equipment, or (ii) materially impairs the Manufacturing Equipment, as set forth determined by FOUNDATION, FOUNDATION may make immediate interim repairs as are necessary to prevent damage from occurring. FOUNDATION and SILEVO shall work together to coordinate maintenance and repair under any available warranties. FOUNDATION may appoint SILEVO as its agent to enforce all such express warranties with respect to the Manufacturing Equipment on a case by case basis, to allow SILEVO to undertake needed maintenance and repairs on an expedited basis when necessary to minimize downtime and impact on the Manufacturing Operations. In the event the Manufacturing Facility should become in Paragraph 4 above. Landlord shall do all acts need of maintenance or repair required to comply be made by FOUNDATION hereunder, FOUNDATION shall give prompt notice thereof to SILEVO; but in the event of a materially unsafe condition or imminent danger to persons with all applicable laws, ordinances, regulations and rules of any public authority relating respect to the PremisesManufacturing Facility, except as determined by FOUNDATION, FOUNDATION shall make immediate interim repairs as are necessary to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repairprevent damage from occurring. Notwithstanding anything to the contrary contained in this Lease Section 15.7, if a condition arises with respect to the contrary, in the event Manufacturing Facility that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability either (i) caused directly creates a materially unsafe condition or indirectly by any act imminent danger to persons, or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decorationmaterially impairs the manufacturing capacity or operation of the Manufacturing Operations, alterationSILEVO shall provide prompt written notice thereof to FOUNDATION and FOUNDATION shall take commercially reasonable steps to address the condition, improvement or addition which directly causes such unusabilitytaking into account the urgency of the situation. Where appropriate, or FOUNDATION shall cooperate with SILEVO (iiie.g., assigning warranty rights) where to enable SILEVO to address the repair in question is one which Tenant is obligated to furnish under the provisions of this Leasecondition.

Appears in 3 contracts

Samples: Research and Development Agreement, Research and Development Agreement (Solarcity Corp), Research and Development Agreement

Maintenance and Repairs. (1a) Except for matters specified the maintenance, repairs and replacements Landlord is required to make pursuant to Section 13(b) of this Lease, and except for items expressly excluded from Operating Costs under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligationSection 6(b)(iii), Tenant shallshall take good care of the Premises and the fixtures and improvements therein, and, at Tenant's its sole cost and expense, maintain make repairs, restorations or replacements as and when needed to keep the Premises in good first class order, condition condition, and repair, ordinary reasonable wear and tear excepted. If Tenant fails, after notice to Tenant and damage the lapse of applicable grace periods in accordance with Section 31(b) of this Lease, to make any repairs, restorations or replacements required by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord may (but without any obligation to do so) make such repairs, restorations, or replacements at the reasonable expense of Tenant and such expense shall give be due within thirty (30) days of receipt by Tenant prior of written notice by Landlord, as additional rent. Tenant shall comply with all provisions of Section 13 and Section 15 of this Lease in connection with such repairs, restorations and replacements. (b) Subject to Section 14(c), (d) and (e) hereof, and subject to Tenant's reimbursement of Landlord as provided in Section 6(b) hereunder, Landlord shall act as property manager for the Premises and, in such capacity, shall be responsible for the operation, maintenance and repair of the Premises, including but not limited to: Building maintenance, exterior window cleaning, normal maintenance and repair of the Premises (including heating and air conditioning systems, electrical and plumbing systems, landscaping, roof, roof membrane, elevator system, utility systems, Parking Lot, and snow removal) and security outside of the Building. In addition, Landlord shall make the structural repairs and replacements to the structural portion of the Premises that Landlord is required to make, at Landlord's cost and expense, without reimbursement from Tenant, pursuant to Section 6(b)(iii) of this Lease. (c) Landlord agrees not to assign its responsibilities as property manager of the Premises to any other person or entity without first providing written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with obtaining Tenant's use of the Premises as a result of performing any written consent to such workassignment. (3d) Landlord will maintainagrees, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement by not later than 45 days prior to the Premises under generally accepted accounting principlesCommencement Date, then it shall be Landlordto provide Tenant's responsibility to promptly make and pay Facilities Manager with a detailed property management plan for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result including proposed staffing levels and standards of Tenant's use management and maintenance of the Premises. Tenant shall do all acts required respond with its comments or approval of such plan within thirty (30) days of receipt of the management plan and to comply any revised submittal within ten (10) days of its receipt of the same. Landlord and Tenant shall discuss who Landlord shall hire or contract with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of as major service providers for the Premises. If Landlord shall have yearly inspections of the roof as required by the terms of the roof warranty and Landlord and Tenant shall cooperate in the enforcement of the roof warranty. Landlord shall advise Tenant in advance of any repair or maintenance cost believed to be in excess of $10,000. In the event Landlord or Tenant shall disagree about such plans, the need for such maintenance or repairs, or whom to hire as service providers, then Landlord and Tenant shall agree to a repair is required third party property manager, which third party property manager shall informally arbitrate such disputes. (e) Except as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything provided elsewhere in this Lease to the contrary, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord, by reason of inconvenience, annoyance or injury to, or interruption of business, arising from Landlord, Tenant or others making any repairs, restorations, replacements, alterations, additions or improvements in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material any portion of the Premises, or in or to fixtures, appurtenances or equipment thereof; provided that such repairs, restorations, etc. do not prevent Tenant from operating in the Premises unusable as anticipated hereunder for more than three consecutive business daystwenty-four hours. In such case, then Tenant Rent hereunder shall be entitled abated in proportion to an abatement of rent commencing with the fourth business day that untenantable space in the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under Premises. Notwithstanding the provisions of Section 12, Section 14 or Section 21 or any other provision of this Lease to the contrary, in exercising its rights pursuant to this Lease, Landlord shall not unreasonably interfere with the access to the Premises or Tenant's business operations therein.

Appears in 3 contracts

Samples: Lease (Brooks Automation Inc), Lease (Helix Technology Corp), Lease (Brooks Automation Inc)

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above as otherwise provided in this Article and Paragraph 8A(3) below as being Landlord's obligationArticles 12 and 13, Tenant shall, at Tenant's sole cost Sublessor shall keep and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good working order, condition and repair as required under this Leasecomparable to buildings in similar first-class office parks in the Portsmouth and Dover, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain New Hampshire market area the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, Common Facilities and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage portions of the Building including but not limited to the roof, exterior walls, floor slabs, columns, elevators, the plumbing, heating, lighting, and other building standard electrical equipment, ventilating equipment, air conditioning equipment, the elevators or escalators, and the life safety systems and equipment, utility systems and bathrooms wherever located. Sublessor shall also keep and maintain or cause to be maintained the Common Facilities including without limitation the parking lot, landscaped areas and other exterior grounds, stormwater management and drainage facilities, exterior lighting and the driveways, walkways, sidewalks, entrances and roadways in good order and repair, and shall keep the same reasonably free of debris, snow and ice. Except for repairs for which Sublessor is responsible hereunder, Sublessee shall maintain the Premises in the condition the Premises were in on the Rent Commencement Date, reasonable wear and tear, damage resulting from Sublessor’s activities or breach of Sublessor’s repair and maintenance obligations, damage by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amountfire or other casualty and governmental taking excepted. Such payment will be All repairs made by Tenant as set forth either Sublessor or Sublessee shall be done in Paragraph 4 above. Landlord shall do all acts required to comply a good and workmanlike manner in accordance with all applicable laws, ordinances, regulations . Whenever in this Lease the costs of repairs and rules of any public authority relating to the Premises, except to the extent that the foregoing maintenance are solely a result of Tenant's use imposed on one of the Premises. Tenant parties, such costs shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by first be paid from available insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, Sublessee shall have the right, in the event that the need for repairs its sole discretion, to terminate, in whole or the making of repairs (in part, any or both) which Landlord is obligated to effect at Landlord's expense renders a material portion all of the Premises unusable for more than three consecutive business daysrepair, then Tenant shall be entitled maintenance, cleaning or other services being provided by Sublessor pursuant to an abatement of rent commencing with the fourth business day that the same are unusablethis Lease; provided, provided however, that Tenant Sublessee shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission provide Sublessor with at least forty-five (45) days prior written notice of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licenseessuch termination, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes pay Sublessor for all amounts due Sublessor for such unusability, or services through the date of termination and (iii) where the repair in question perform such service or services itself or hire a substitute service provider that is one which Tenant is obligated reasonably acceptable to furnish under the provisions of this LeaseSublessor to carry out any such service that Sublessee has terminated with Sublessor.

Appears in 3 contracts

Samples: Lease (Salient Surgical Technologies, Inc.), Lease (Salient Surgical Technologies, Inc.), Lease (Salient Surgical Technologies, Inc.)

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above Tenant shall take good care of ----------------------- and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, maintain the Premises (including all plate glass, Trade Fixtures, and improvements, additions, or alterations situated in good orderthe Premises) in a first class, clean, and safe condition and repair, ordinary wear and tear and other than damage caused by fire and casualty excepted, including: the interior surfaces negligence of Landlord. Tenant shall not commit or allow any waste or damage to be committed on any portion of the ceilingsPremises or the Project. Tenant shall repair or replace any damage to any part of the Project, walls caused by Tenant or by a Tenant Related Party. However, Landlord may, at its option, make such repairs, improvements, or replacements; and floorsTenant shall repay Landlord on demand the actual costs incurred by Landlord to make such repairs, improvements, or replacements plus an additional charge (as determined by Landlord) to cover administrative overhead. Landlord shall arrange for the repair and maintenance of the foundation, exterior walls, and roof of the Building; all doors and interior windows; furnishings installed the public areas within the PremisesBuilding; all equipment the heating, air conditioning, and ventilation system within the Building; and the facilities providing utility services (other than facilities installed by a telephone or at the expense of telecommunications provider selected by Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs ) which are located within the Premises. Project (2) In the event that Tenant fails to maintain the Premises in good ordercollectively, condition and repair as required under this Lease"Landlord's Repair Obligations"). Landlord, Landlord however, shall give Tenant prior written notice to do such acts as are not be required to so maintain make any repairs arising as a result of, in whole or in part the Premisesact or negligence of Tenant or any Tenant Related Party; and the cost of those repairs shall be the obligation of Tenant. In the event that the Premises become in need of repairs which are within Landlord's Repair Obligations, Tenant fails shall give immediate notice to commence Landlord of the nature of such work within 30 days after written demand by Landlord, repair needs; and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, responsible in any way for failure to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord make any repairs until a reasonable time shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) elapsed after receipt by Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leasewritten notice.

Appears in 3 contracts

Samples: Lease Agreement (Equinix Inc), Lease Agreement (Equinix Inc), Lease Agreement (Equinix Inc)

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.consecutive

Appears in 3 contracts

Samples: Lease Agreement (Rentx Industries Inc), Lease Agreement (Rentx Industries Inc), Lease Agreement (Rentx Industries Inc)

Maintenance and Repairs. (1a) Except The Landlord is responsible for matters specified under Paragraph 4 above maintaining the Rental Unit in a good state of repair, fit for habitation during the Term, and Paragraph 8A(3to comply with health and safety standards including any housing standards required by law; (b) below as being Landlord's obligationThe Tenant(s) is responsible to give the Landlord prompt written notice of any accident or defect in the state of repair of the Rental Unit or its fitness for habitation and, Tenant shallto give prompt written notice of any accident or any defect in the water pipes, at Tenant's sole cost gas pipes, or heating system, telephone, electric light or other wires, smoke detectors fire alarms, fire escapes and expenselocks or any other mechanical system in the Rental Unit whatsoever; (c) The Tenant(s) is responsible for notifying the Landlord promptly in the event of damage to the Rental Unit, maintain including but not restricted to, damage caused by the Tenant(s)’ conduct or that of persons or pets permitted on the Premises in good order, condition and repair, ordinary wear and tear and by the Tenant(s); (d) The Tenant(s) must repair or pay for any undue damage to the Rental Unit or Premises caused by fire and casualty excepted, including: the interior surfaces wilful or negligent conduct of the ceilingsTenant(s), walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by Tenant’s guest, the Tenant’s pet or another person who the Tenant is responsible at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.law; (2e) In The Tenant(s) is responsible for ordinary cleanliness of the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by LandlordRental Unit, and diligently prosecute it agrees to completionclean floors, then fixtures, appliances, carpeting, etc. where installed, and generally all cleanable surfaces in the Rental Unit sufficiently often to prevent abnormal wear or deterioration during the Term. Garbage and recycling shall be disposed of in a timely manner and, until disposed, stored inside the Rental Unit in a manner that shall prevent unsanitary conditions and not attract vermin; (f) The Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant held responsible for any reasonable damage, inconvenience damages or interference with Tenant's use personal discomfort resulting from a breakdown of the Premises as a result of performing electrical, mechanical or heating system or from any such work. (3) Landlord will maintainother matter, repair and replace all structural components of which the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs exercising reasonable diligence, could not have known about or expected, or the making of repairs (or both) cause for which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leaseoutside its control.

Appears in 3 contracts

Samples: Tenancy Agreement, Tenancy Agreement, Tenancy Agreement

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, throughout the term of this lease, take good care of the demised premises and the fixtures and appurtenances therein. Tenant shall be responsible for all damage or injury to the demise premises or any other part of the building and the systems and equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, Tenant's subtenants, agents, employees, invitees or licensees, or approvals and certificates to Owner and Tenants agrees to carry and will cause Tenant's contractors and sub-contractors to carry such xxxxxxx'x compensation, general liability, personal and property damage insurance as Owner may require which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the installation, use or operation of the property or equipment of Tenant or any subtenant. Tenant shall also repair all damage to the building and the demised premises caused by the moving of Tenant's fixtures, furniture and equipment. Tenant shall promptly make, at Tenant's sole cost and expense, all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the trade or trades in question, selected from a list of at least two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and systems thereof for which Tenant is responsible shall be performed by Owner at Tenant's expense. Owner shall maintain the Premises in good order, condition working order and repair, ordinary wear repair the exterior and tear and damage by fire and casualty excepted, including: the interior surfaces structural portions of the ceilingsbuilding, walls including the structural portions of its demised premises, and floors; all doors the public portions of the building interior and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all building plumbing, heatingelectrical, ventilating, electrical heating and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within ventilating systems (to the Premises. (2extent such systems presently exist) In serving the event that demised premises. Tenant fails agrees to maintain give prompt notice of any defective condition in the Premises in good order, condition and repair as required under this Lease, Landlord premises for which Owner may be responsible hereunder. There shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner or others making repairs, alterations, additions or improvements in or to any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business daysbuilding or the demised premises or in and to the fixtures, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, appurtenances or equipment thereof. It is specifically agreed that Tenant shall not be entitled to a pro rata abatement any setoff or reduction of rent under by reason of any failure of Owner to comply with the foregoing due to unusability (i) caused directly or indirectly by any act or omission covenants of Tenant this or any other article of this Lease. Tenant agrees that Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes sole remedy at law in such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the instance will be by way of an action for damages for breach of contract. The provisions of this Lease.Article 4 shall not apply in the case of fire or other casualty which are dealt with in Article 9 hereof. WINDOW CLEANING:

Appears in 2 contracts

Samples: Office Lease (Callnow Com Inc), Office Lease (Callnow Com Inc)

Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above as otherwise provided in this Lease and Paragraph 8A(3) below subject to reimbursement, if any, as being Landlord's obligationexpressly provide herein, Tenant shall, Landlord at Tenant's sole cost its expense shall keep and expense, maintain the Premises in good orderCommon Areas, condition foundation, roof, and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces structural portions of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repairthe main utility connections serving the Building and Common Areas, replacement or alteration or other change would be considered a capital improvement or replacement in good working order and repair consistent with reasonable standards of building maintenance at all times during the term of this Lease. Landlord shall have the right to grant easements and/or rights-of-way over and across the Common Areas so long as Tenant’s access to the Premises under generally accepted accounting principles, then it and parking rights are not adversely affected. Tenant shall be Landlord's responsibility responsible for and shall at its expense repair any damage to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage roof of the Building by the square footage of all buildings benefitted by such improvement, including the Building) Premises resulting from any penetration of the annual amortized amount. Such payment will be roof of the Premises made by Tenant or its agents or contractors for the purpose of installing vents, exhaust fans, or similar devices serving the Premises or for any other purpose. Tenant at its expense shall repair any damage to any portion of the Premises and/or Building caused by the acts or omissions of Tenant or any of Tenant's contractors, employees, agents, customers, or invitees. Except for those items for which Landlord is responsible pursuant to the first sentence of this paragraph, Tenant at its expense shall keep and maintain the Premises in good, safe, and sanitary condition and repair at all times during the term of this Lease in such manner as set forth in Paragraph 4 above. Landlord shall do all acts and any insurer of the Premises reasonably may require and also as may be required to comply with all applicable laws, ordinances, rules, and regulations and rules of any public authority relating to the Premisesfederal, except to the extent that the foregoing are solely a result of Tenant's use of state, or local governmental agency or subdivision having jurisdiction over the Premises. Tenant's responsibilities under this paragraph shall include but are not limited to all plate glass windows and window fixtures and doors and door fixtures in the Premises and the fixtures and equipment serving or constituting a part of the Premises (including but not limited to the lighting, heating, air conditioning, ventilating, plumbing, electrical, and sewer and other mechanical systems and equipment serving the Premises). Tenant at its expense promptly shall do make any and all acts repairs and replacements to the Premises and to the fixtures and equipment serving or constituting a part thereof which may be required to comply with all applicable lawsthe obligations of Tenant under this paragraph, ordinancesin each case in a good and workmanlike manner using materials, regulations fixtures, and rules equipment whose quality is at least equal to that of any public authority relating solely to the materials, fixtures, and equipment being repaired or replaced. Upon the expiration or termination of this Lease, Tenant shall deliver the Premises and the fixtures and equipment constituting a part thereof (excluding Tenant's use trade fixtures) to Landlord in good condition and repair, reasonable wear and tear excepted. Tenant shall deliver to Landlord prior to occupancy a list of all items Tenant will consider trade fixtures, and Landlord and Tenant shall agree on the identification of trade fixtures prior to the commencement of the Premisesterm. If a Notwithstanding the foregoing provisions of this paragraph, Landlord and Tenant agree that this paragraph shall not be applicable to any damage to or destruction of the Premises falling within the scope of paragraphs 18 and 19 (dealing with insured and uninsured casualties) or paragraph 39 (dealing with eminent domain), which damage or destruction shall be governed by the provisions of such other paragraphs. (b) In the event an emergency repair is required as a result necessary, which is the obligation of Tenant's negligence Landlord, Xxxxxx hereby agrees to diligently attempt to contact Landlord, or the Building manager whom Xxxxxx has been notified to contact in the event of an emergency, prior to making any such emergency repair. However, in the event of an emergency, and such repair cost Tenant is not covered able to contact Landlord, or the appropriate property manager within a reasonable period of time after the onset of the emergency (which “reasonable period of time” shall be dictated by insurance proceedsthe type of emergency which has occurred), or in the event that Tenant will pay is instructed by the Landlord or the property manager to make the repairs itself, Landlord shall reimburse Tenant, within twenty (20) days of receipt of an invoice evidencing such costs, for the cost of such repairemergency repair (which must be normal and customary for the emergency circumstance), which was necessary and was performed by Tenant and was otherwise the responsibility of Landlord under the terms of this Lease. Notwithstanding anything in this Lease Any repairs or replacements which Landlord is required to the contrary, in the event that make shall be made within a reasonable period of time after receiving notice or having actual knowledge of the need for repairs such repair or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leasereplacement.

Appears in 2 contracts

Samples: Building Lease (Solera National Bancorp, Inc.), Building Lease (Solera National Bancorp, Inc.)

Maintenance and Repairs. (1) Except Landlord represents and warrants at the Commencement Date and for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, maintain the duration of the lease Term that the Premises will be in good order, condition working order and repair, ordinary wear repair and tear and damage by fire and casualty excepted, including: maintain all equipment in good operating condition. Tenant accepts the interior surfaces property as of the ceilings, walls and floors; all doors and interior windows; furnishings installed within Commencement Date in an “AS IS” condition upon assuming possession of the Premises; . Landlord will correct all equipment installed by construction defects, whether structural or at not, discovered within one year of the expense of Tenant; and Commencement Date, or such longer period as may be specified in an applicable contractor’s, subcontractor’s, or materialmen’s warranty. In addition, Landlord will make all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails necessary structural repairs to maintain the Premises throughout the Term of this Lease. The structural items for which Landlord shall be responsible are the roof, exterior walls, the bearing walls (if such walls have not been changed by Tenant), the support beams, the columns, the concrete floor slabs, the plumbing system below the floor level of the facility (obstruction caused by Tenant shall be Tenant’s responsibility to correct), except those damages that are caused by the Tenant’s negligence. Tenant agrees to give prompt notice to Landlord of any defects or other hazardous conditions required to be repaired or remedied by Landlord. If the repairs required to be made by Landlord or Tenant are not completed within a reasonable time after request for such repair by the other party, Landlord or Tenant, as the case may be, shall have the option to make such repairs after first giving the other party fifteen (15) calendar days’ notice of its intention to do so, and any amounts expended by virtue thereof shall be added to or subtracted from the next month’s rent in good orderthe full amount of the expenditures. Landlord, condition and repair as required under during the Term of this Lease, shall maintain and repair when needed all of the mechanical equipment (“HVAC system”), including but not limited to heating and air conditioning units, plumbing, and electrical units, in a good condition and good state of repair. Further, Landlord shall give maintain a service contract on the HVAC system with a reputable heating and air conditioning contractor, providing for regular routine maintenance, changing of filters and lubricating the HVAC system. Such maintenance and repair and service contract shall be included in Operating Expenses as described in Article 4C hereof. Tenant prior written notice shall keep the Premises free and clear of rodents, bugs and vermin, and Tenant shall use, at its cost and at such intervals as Landlord shall reasonably require, a reputable pest extermination contractor to do such acts as are required to so maintain provide extermination services in the Premises. In Notwithstanding the event above, if Landlord reasonably determines that an extermination service needs to be provided to the entire Building in order to eliminate pests from the entire Building, Landlord shall contract for such extermination services and include the cost of such services in Operating Expenses. Landlord shall provide Tenant fails with advance notice of any such extermination services to commence such work be made to the Premises by Landlord within 30 days after written demand a reasonable period of time. Tenant shall keep the Premises clean and orderly and shall not cause the common areas to become disorderly, cluttered, dirty or trashed at any times and shall not cause refuse to accumulate around any portion of the Property. Trash shall be stored in a sanitary and inoffensive manner inside the Premises or in screened areas approved by Landlord, and diligently prosecute it Tenant shall cause the same to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds removed at the expense of Tenant as are reasonably required to perform such workreasonable intervals. Landlord shall have provide Tenant with five suite keys at no liability cost to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building. All keys are on “Do Not Duplicate” blanks, and if a repairnumbered for Tenant’s security. These keys cannot be reproduced unless they are done by Landlord’s locksmith. If additional keys are required by Tenant, replacement or alteration or other change would be considered a capital improvement or replacement to Tenant shall contact Landlord in order that Landlord may authorize the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for issuance of such repair, replacement, alteration or other changekeys. The cost of any such capital improvement additional keys shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission responsibility of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leasepay.

Appears in 2 contracts

Samples: Ease Agreement (Chelsea Worldwide Inc.), Lease Agreement (Clene Inc.)

Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above Landlord shall Maintain the: (i) Building footings, foundations, structural steel columns and Paragraph 8A(3girders at Landlord’s sole expense; (ii) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost Building roof and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floorsexterior walls; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant(iii) Building Systems; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs (iv) Common Areas in accordance with comparable flex space buildings located within the Malvern, PA market. Costs incurred by Landlord under the foregoing subsections (ii), (iii) and (iv) will be included in Operating Expenses, provided that to the extent any heating, ventilation and air conditioning system, or other Building System, equipment or fixture exclusively serves the Premises, Landlord may elect either to Maintain the same at Tenant’s sole expense and xxxx Tenant directly or by notice to Tenant require Tenant to Maintain the same at Tenant’s expense. If Tenant becomes aware of any condition that is Landlord’s responsibility to repair, Tenant shall promptly notify Landlord of the condition. (2b) In the event that Except as provided in subsection (a) above, Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord at its sole expense shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of Maintain the Premises and the roof of the Building, all fixtures and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth equipment in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant Tenant’s obligation to Maintain shall not be entitled extend to a pro rata abatement of rent under the foregoing due to unusability (i) damage caused directly by Landlord or indirectly defects in the design and construction of the Building, (ii) repairs whose costs are included in Operating Costs, and (iii) damage to the interior resulting from causes outside the Premises not required to be insured by Tenant. All repairs and replacements by Tenant shall utilize materials and equipment which are comparable to those originally used in constructing the Building and Premises. Alterations, repairs and replacements to the Property, including the Premises, made necessary because of Tenant’s Alterations or installations, any use or circumstances special or particular to Tenant, or any act or omission of Tenant or its Agents shall be made by Landlord or Tenant as set forth above, but at the sole expense of Tenant to the extent not covered by any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated applicable insurance proceeds paid to furnish under the provisions of this LeaseLandlord.

Appears in 2 contracts

Samples: Lease Agreement (PhaseBio Pharmaceuticals Inc), Lease Agreement (PhaseBio Pharmaceuticals Inc)

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above Unless expressly provided otherwise in this Lease, and Paragraph 8A(3) below as being Landlord's obligationin addition to the provisions of Section 6(A), Tenant shallLandlord shall maintain, at Tenant's sole cost and expense, maintain the Premises in good order, condition and repair, ordinary wear the common and tear and damage by fire and casualty excepted, including: the interior surfaces core areas of the ceilingsBuilding, walls the structural parts of the Building which shall include only the foundations, bearing and floors; all exterior walls, windows and doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain unless such doors serve the Premises in good orderexclusively), condition and repair as required under this Leasesubflooring, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlordgutters, and diligently prosecute it to completiondownspouts, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the BuildingBuilding (including the membrane and roof slab), and if a repairthe Building Systems and Equipment; provided, replacement or alteration or other change would be considered a capital improvement or replacement to in the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of event any such capital improvement shall be amortized over replacements, repairs or maintenance are caused by or result from Tenant’s the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result negligence or willful misconduct of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinancesits agents, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceedsemployees or invitees, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then shall be paid solely by Tenant and Tenant shall be entitled pay the cost thereof within ten (10) days of written notice from Landlord. Except as provided above, and subject to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions Section 10 of this Lease, Tenant shall maintain and repair the Premises in neat, clean, sanitary and good condition, including, without limitation, maintaining and repairing all interior walls, storefronts (if any), ceilings, interior doors, exterior doors serving the Premises exclusively and interior windows and fixtures, Premises’ specific systems and equipment as well as any damage to the Building, Property or Premises caused by Tenant, its agents, employees or invitees. If Tenant shall fail to keep and preserve the Premises in said condition and state or repair, Landlord may, at its option (but with no obligation), after providing Tenant ten (10) days prior written notice (or such shorter or no notice if Landlord reasonably determines that there is an imminent danger to person or property) put or cause the same to be put into the condition and state of repair agreed upon, and in such case Tenant, on demand, shall pay the Landlord’s reasonable out-of-pocket cost thereof.

Appears in 2 contracts

Samples: Office Lease (Carbon Black, Inc.), Office Lease (Carbon Black, Inc.)

Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligationotherwise set forth in this Lease, Tenant shallshall Maintain in a first class condition and good repair the entire Premises, at Tenant's sole cost including, without limitation, the Building Systems, the horizontal distribution portions of Building Systems, HVAC, fire-life safety systems, the roof membrane (but not the roof structure), parking areas, walkways, landscaping, exterior lighting, irrigation, floor slabs, walls, and expenseutilities outside the exterior of the Building. Tenant shall Maintain the exterior of the Building in a clean, maintain first class appearance, including exterior window washing and exterior building and parking lot cleaning as necessary. If any part of the Premises requiring repair or replacement is covered by warranty, Landlord and Tenant shall exercise such warranties first. (b) Tenant at its sole expense shall keep the Premises, and the fixtures, improvements, equipment, and finishes, and any Alterations therein in good ordera clean, safe, and sanitary condition and repairwill cause no waste or injury thereto. Alterations, ordinary wear repairs and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within replacements to the Premises; all equipment installed by , made necessary because of Tenant’s Alterations or installations, any use or circumstances special or particular to Tenant, or any act or omission of Tenant or its Agents shall be made at the sole expense of Tenant; and all plumbing. Tenant shall enter into a contract with a qualified, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within licensed pest control company for regular pest control services of the Premises. (2c) In the event that Tenant fails to Landlord shall at Landlord’s cost, maintain the Premises in good order, first class condition and good repair the structural portions of the Building, including the Building foundation and roof structure. For the sake of clarity, windows, door entrances, plate glass, glazing systems, and floor slabs (so long as required under this Leasea defect in the slab doesn’t affect the integrity of the Building) are not deemed structural portions of the Building and shall be Tenant’s responsibility to Maintain (but if the necessary repair or replacement qualifies as a Capital Improvement, shall be treated as such). If Tenant becomes aware of any condition that is Xxxxxxxx’s responsibility to repair and/or replace, Tenant shall promptly notify Landlord of the condition and Landlord shall not be deemed to have breached any obligation related thereto unless Tenant has given such notice to Landlord and Landlord has not made such repair within a reasonable time following the receipt by Landlord of Tenant’s notice. Notwithstanding any provision hereof to the contrary, Landlord shall give Tenant prior written notice have no responsibility for repairs to do such acts as are or maintenance of the roof membrane for the Building. (d) Landlord shall not be required to so maintain repair damage or make replacements to the Premisesextent caused by the intentional acts or negligence of Tenant or its agents, employees, or contractors, any such repairs or replacements shall be Tenant’s sole responsibility at Tenant’s cost. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligatedthe obligation, to do such acts and expend such funds at the expense undertake work of repair or Maintenance that Tenant as are reasonably is required to perform such workunder this Lease and that Tenant fails or refuses to perform in a timely and efficient manner after prior written notice from Landlord. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of All costs incurred by Xxxxxxxx in performing any such workrepair for Tenant shall be paid by Tenant to Landlord upon demand. (3e) Landlord will maintain, repair and replace all structural components Notwithstanding any provision of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in if Capital Improvements are required to the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business daysPremises, then Tenant shall notify Landlord and Landlord shall cause such Capital Improvements, if approved by Landlord in its reasonable discretion, to be entitled constructed or performed at Landlord’s cost but subject to amortized reimbursement pursuant to Section 6(a)(vi), unless such Capital Improvement is to an abatement item that is Landlord’s cost obligation pursuant to this Lease, such as Building structure. Landlord shall have no obligation to pay for Capital Improvements that are the result of rent commencing with Xxxxxx’s acts, omissions, negligence, or failure to Maintain the fourth business day that Premises, but not including normal wear and tear. (f) All service and utility providers used by Tenant, including, without limitation, for purposes of this Section 9 or Section 7 above, shall be from a list of approved vendors set forth by Landlord. Any property manager selected by Tenant for the same are unusable; providedPremises shall be subject to Landlord’s prior written approval, however, that Tenant which shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of unreasonably withheld. Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or its property manager, shall provide Landlord with updates regarding the services and utilities provided to the Premises, along with descriptions of the maintenance activities, together with services contracts, utility agreements, and invoices to support the same. This documentation shall be provided every six (iii6) where months during the repair in question is one which Tenant is obligated to furnish under the provisions of this LeaseTerm.

Appears in 2 contracts

Samples: Lease (JFrog LTD), Lease Agreement (JFrog LTD)

Maintenance and Repairs. (1a) Except Subject to Tenant’s responsibilities set forth in Paragraph 14 (d), Landlord shall keep the Building and all machinery, equipment and fixtures attached to, or used in connection with the operation of the Building, including all electrical, heating, mechanical, sanitary, sprinkler, utility, power, plumbing, cleaning, refrigeration, ventilating, air conditioning and elevator systems and equipment (excluding, however, lines, improvements, systems and machinery for matters specified under Paragraph 4 above water, gas, steam and Paragraph 8A(3electricity owned and maintained by any public utility company or governmental agency or body and excluding also any of Tenant’s property) below as being Landlord's obligationin good order and repair, consistent with similar properties in the Sterling, Virginia area. Landlord reserves the right of access to the Premises for the purposes of such operation, cleaning, maintenance, safety, security and repairs, and agrees that it shall use reasonable efforts (except in the case of emergency) to provide reasonable advance notice to Tenant shall, at Tenant's sole of its intent to enter the Premises for such purposes. The cost for maintaining the Building and expense, maintain the Premises in good orderorder and repair as contemplated by this paragraph 14 (a) shall be an Operating Cost for purposes of paragraph 11 hereof. There shall be no abatement in rents due and payable hereunder and no liability on the part of Landlord by reason of any inconvenience, condition and repairannoyance or disruption arising from Landlord’s making reasonable repairs, ordinary wear and tear and damage by fire and casualty exceptedadditions or improvements to the Building or Premises in accordance with its obligations hereunder. Notwithstanding the above, including: if, pursuant to this Lease, Landlord performs any work or interrupts any service that Landlord is required to supply, Landlord agrees to cooperate with the interior surfaces reasonable requests of Tenant to perform such work, or to schedule such service interruption, as the case may be, in a manner designed to minimize, to the extent practicable, any interference with Tenant’s business, provided Tenant’s requests do not increase the cost to Landlord of performing such work (unless Tenant agrees in writing prior to the commencement of such work to reimburse Landlord for any such additional costs). Notwithstanding the foregoing, if Landlord’s performance of its work in the demised premises, or interruption of services, as the case may be, during regular business hours results in a material interruption in Tenant’s business operations in a material portion of the ceilingsPremises and requires Tenant to cease its business operations in the affected portion of the Premises for more than five (5) consecutive business days, walls and floors; all doors and interior windows; furnishings installed within then unless Landlord performs such work or interrupts such service at other than regular business hours without charge to Tenant, the Premises; all Rent shall be abated pro rata based on the area so affected for each business day in excess of five (5) consecutive business days that such cessation shall continue. Except to the extent expressly permitted by this Lease, Tenant will not do or permit anything to be done in the Premises or the Building of which they form a part or bring or keep anything therein which shall in any way increase the rate of fire or other insurance for said Building, or on the property kept therein, or obstruct, or interfere with the rights of other tenants, or in any way injure or annoy them, or those having business with them, or conflict with them or conflict with the fire laws or regulations, or with any insurance policy upon said Building or any part thereof, or with any statutes, rules or regulations enacted or established by the appropriate governmental authority. If any increase in the rate of fire insurance or other insurance is stated by any insurance company or by any insurance rate bureau due to any activity or equipment installed by or at the expense of Tenant; , such statement shall be conclusive evidence that the increase in such rate is caused by such activity or equipment, and all plumbingTenant shall be liable for such increase and shall reimburse Landlord therefor upon demand, heatingand any such sum shall be considered additional rent payable hereunder. Landlord shall use commercially reasonable efforts to notify Tenant of any such increase in rates occurring as a result of Tenant’s activities, ventilatingin order that Tenant might consider modifying or discontinuing such activities so as to avoid, electrical and lighting facilities and fixtures; all landscapingreduce, parking lotsor reverse such increase. In the event Landlord elects to make substantial improvements or additions to the Building, fences and signs located within Property or Premises, such improvements or additions shall not adversely affect Tenant’s use of or access to the Premises unless Landlord has obtained the prior written consent of Tenant, which consent shall not be unreasonably withheld, to make such improvements or additions which affect Tenant’s Premises in an adverse manner. Landlord shall be free to make improvements or additions to the Building, Property or Premises which do not have an adverse effect on Tenant’s use of or access to the Premises. (2b) In After substantial completion of Building or Premises, except as hereinafter expressly set forth Tenant will not make any alterations, installments, changes, replacements, additions or improvements, collectively “Alterations”, in or to the event Premises or any part thereof, without the prior written consent of Landlord, not to be unreasonably withheld or delayed. If Landlord affords its consent to such Alterations, Landlord shall elect, at the time it affords its consent, whether Tenant shall be required to remove such Alterations and restore the Premises to their original condition upon the expiration of the Term, and said written consent shall include Landlord’s election. It is expressly understood that all Alterations shall be performed in a good and workmanlike manner and shall conform to all rules and regulations established from time to time by any applicable underwriter’s association and conform to all requirements of local, state and federal governments. All Alterations shall be made at Tenant’s sole expense, by contractors, or subcontractors reasonably approved by Landlord, and only after (i) Tenant has obtained all necessary permits from governmental authorities and (ii) Tenant has submitted complete plans and specifications to Landlord with respect to the Alterations and Landlord has approved them, which approval shall not be unreasonably withheld, conditioned or delayed. If any mechanic’s lien is filed against the Premises or the Building for work or materials furnished to Tenant, the lien shall be discharged or bonded off by Tenant, solely at Tenant’s expense, within thirty (30) days after Tenant receives notice thereof. Tenant shall indemnify and hold harmless Landlord from any and all expenses (including attorney’s fees), liens and claims or damage to persons, property, or the Building which may arise from the making of any Alterations. Tenant will deliver to Landlord a complete set of “as-built” plans showing the approved Alterations. Notwithstanding anything contained herein, ordinary and typical office decorations, painting and carpeting shall not be included within the definition of “Alterations” which require Landlord’s prior approval. It is also expressly understood that all Alterations upon the Premises (whether with or without Landlord’s consent), shall at the election of Landlord, as provided in the written consent required herein above, remain upon the Premises and be surrendered with the Premises at the expiration of this Lease without disturbance, molestation or injury. Notwithstanding the foregoing, provided (i) this Lease is in full force and effect, and (ii) that Tenant fails shall not then be in default in the performance of any obligation under this Lease, Tenant shall have the right to maintain remove, prior to the expiration or termination of this Lease, all movable furniture, fixtures or equipment installed in the Premises in good ordersolely at Tenant’s expense. Should Landlord elect that alterations, condition and repair as required under installments, changes, replacements, additions to or improvements made by Tenant are not to remain on the Premises, Tenant hereby agrees that within five (5) days following the expiration of the term of this Lease, Landlord shall give have the right to cause same to be removed at Tenant’s sole cost and expense. Tenant hereby agrees to reimburse Landlord for the reasonable cost of such removal together with the cost of restoring the Premises to its original condition. (c) Tenant shall not install any other equipment of any kind or nature whatsoever which will or may necessitate any changes, replacements or additions to the water supply system, sewer system, the components of the Building Shell as identified in Exhibit B hereto or the electrical system of the Premises without the prior written notice to do such acts as are required to so maintain consent of the PremisesLandlord, which consent shall not be unreasonably withheld or delayed. In the event that Tenant fails wishes to commence install machinery or mechanical equipment which may cause noise or vibration to be transmitted to the structure of the Building or any space therein, such work within 30 days after written demand machinery shall be installed and maintained by LandlordTenant, at Tenant’s expense, on vibration eliminators or other devices sufficient to eliminate such noise and diligently prosecute it to completionvibration. Tenant may, then Landlord at its expense, install and remove additional equipment and machinery used or useful in Tenant’s business, which equipment and machinerv shall have remain the right, but property of Tenant and shall not be obligatedbecome part of the real estate, to do provided that such acts and expend such funds at installation shall not reduce the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use value of the Premises as or its usefulness. Any equipment of Tenant not removed by Tenant within ten (10) days after the expiration or earlier termination of this Lease shall be considered abandoned by Tenant and may be appropriated, sold, destroyed or otherwise disposed of by Landlord without first giving notice thereof and without obligation to account therefor. Notwithstanding any other provision of this Lease, Tenant may not install any equipment which emits electromagnetic, microwave, ultrasonic, laser, or other radiation at levels which Landlord reasonably determines causes a result of performing any such workrisk to persons or property, or interferes with telecommunications transmissions or computer use. (3d) Landlord Subject to Landlord’s obligations to maintain and repair the Premises in accordance with this Paragraph 14, Tenant agrees that it will maintain, repair and replace all structural components take good care of the Premises and the roof fixtures therein and will, at the expiration or other termination of the term hereof, surrender and deliver up the same in like good order and conditions as the same now is or shall be at the commencement of the Term hereof, ordinary wear and tear excepted. Without limiting the generality of the foregoing, Tenant shall promptly make all repairs to the Premises or to any part of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing such repairs are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of and if such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly necessitated by any act or omission of Tenant Tenant, any subtenant, assignee or concessionaire of Tenant, any of Tenant's servants, its respective agents or employees, agents, contractors, visitors or licensees, (ii) where by the failure of Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish perform any of its obligations under the provisions of this Lease.

Appears in 2 contracts

Samples: Deed of Lease (Maravai Lifesciences Holdings, Inc.), Deed of Lease (Maravai Lifesciences Holdings, Inc.)

Maintenance and Repairs. (1) Except ‌ 9.1 Tenant's Obligations‌ Tenant shall be solely liable for matters specified under Paragraph 4 above continued maintenance of the Premises, and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole its own cost and expense, maintain the Premises, and keep the Premises free of all grass, weeds, debris, and flammable materials of every description. Tenant shall ensure that the Premises are at all times in good orderan orderly, condition clean, safe, and repairsanitary condition. Tenant shall not allow any open flames on the Premises. Landlord requires a high standard of cleanliness, ordinary wear and tear and damage by fire and casualty excepted, including: consistent with the interior surfaces location of the ceilings, walls and floors; all doors and interior windows; furnishings installed within Premises as an adjunct of the Premises; all equipment installed by or California State Highway System. Tenant hereby expressly waives the right to make repairs at the expense of Tenant; Landlord and waives the benefit of the provisions in Sections 1941 to 1942.5, inclusive, of the California Civil Code or any successor statute or amendment thereto providing a cause of action for habitability or tenantability. Tenant shall take all plumbingsteps necessary to protect and preserve the fences, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlordguardrails, and diligently prosecute it to completionthe piers and columns, then Landlord shall have the rightif any, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with all structures from damage arising out of Tenant's use of the Premises as a result of performing and any such work. (3) Landlord will maintainimprovements, all without expense to Landlord. Tenant shall, at its own cost and expense, repair in accordance with Landlord's standards any damage to any property owned by Landlord, including, but not limited to, all fences, guardrails, piers and replace all structural components of columns, utility-related equipment and facilities caused by Tenant, Xxxxxx’s contractors, clients, invitees, trespassers or any other third parties. At Tenant's request, Landlord may elect to repair the Premises and the roof of the Buildingdamage to its property, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement Xxxxxx agrees to reimburse Landlord promptly after demand for the Premises under generally accepted accounting principles, then it amount Landlord has reasonably expended to complete the repair work. Tenant shall be Landlord's responsibility to promptly make responsible for the care, maintenance, and pay for such repairany required pruning of trees, replacementshrubs, alteration or any other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of landscaping on the Premises. Tenant assumes the liability for any damage or injury caused by any falling branches or other such materials from any tree or shrub whether the branches fall due to lack of maintenance or act of god or any other natural or unnatural causes. Tenant’s liability insurance required under Article 10 shall do all acts required cover any damage caused by any falling tree or shrub branches or other materials. Tenant shall designate in writing to comply with all applicable lawsLandlord a representative who shall be responsible for the day-to-day operation and level of maintenance, ordinances, regulations cleanliness and rules of any public authority relating solely to Tenant's use general order of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.

Appears in 2 contracts

Samples: Right of Way Use Agreement, Right of Way Use Agreement

Maintenance and Repairs. (1) A. Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligationotherwise provided herein, during the term of this Lease, Tenant shall, at Tenant's sole cost and expense, maintain keep the Demised Premises in good working order, condition and repair and in compliance with all applicable laws and shall perform all routine maintenance thereof and all necessary repairs thereto, interior and exterior, structural and nonstructural ordinary and extraordinary, foreseen or unforeseen, of every nature, kind and description. When used in this Paragraph 7, "repairs" shall include all necessary replacements, renewals, alterations, additions and betterments. If Tenant cannot keep the Demised Premises or any portion thereof in good working order, condition and repair, ordinary wear then Tenant shall replace the same in a first-class manner. Tenant shall comply with manufacturers' recommended schedules for warranty work. Tenant shall furnish its own cleaning services. All repairs and tear replacements made by Tenant shall be at least equal in quality to the original work and shall be made by Tenant in accordance with all applicable laws. The necessity for or adequacy of maintenance, repairs and replacements shall be measured by the standards which are appropriate for improvements of similar construction and class, provided that Tenant shall in any event make all repairs and replacements necessary to avoid any structural damage by fire and casualty excepted, including: or other damage or injury to the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Demised Premises. (2) In B. Notwithstanding the provisions of Paragraph 7A, and Tenant's obligations to pay for all repairs, in the event that at any time during the term of this Lease after the expiration of the twentieth (20th) Lease Year (commencing with the Third Extension Term), Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as reasonably determines that capital expenditures are required to so maintain be expended by Tenant in connection with maintaining, repairing or replacing the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience roof or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repairor replacing the parking areas, replacement Building plumbing, electrical heating, ventilation, or alteration cooling equipment, sprinkler systems, or making any other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of expenditure required by subsequent law (any such capital improvement expenditure being herein referred to as a "Specified Capital Item"), then the Tenant shall submit to Landlord a proposed budget for such capital expenses for the Specified Capital Items and obtain Landlord's prior written approval thereof, which approval shall not be amortized over unreasonably withheld or delayed. Upon Tenant's obtaining Landlord's prior written approval of such Specified Capital Items and Tenant completing such work in accordance with the requirements set forth in this Lease, then and in that event, the Landlord agrees that it shall reimburse Tenant for an amount ("Reimbursement Amount") equal to the actual costs incurred in connection with the Specified Capital Item previously approved by Landlord multiplied by a fraction, the numerator of which is the portion of the useful life of such item Specified Capital Items remaining after the then existing term and the denominator of which is the useful life of such Specified Capital Item (i.e., by way of example, in the event that the approved cost for an approved Specified Capital Item was Out Thousand Dollars ($1,000) and the useful life of such Specified Capital Item was eight (8) years and such work was commenced at the end of the twentieth (20th) Lease Year, then in such event, Landlord would reimburse Tenant agrees to pay its percentage share for Five Hundred Dollars (which $500) as the Reimbursement Amount). The "useful life" of a Specified Capital Item shall be determined by dividing using the square footage of United States Internal Revenue Service standard depreciation schedule in effect on the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent date that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair capital expenditure is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repairmade. Notwithstanding anything in this Lease contained herein to the contrary, in the event that the need for repairs or Tenant exercises its option to extend the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion term of the Premises unusable for more than three consecutive business daysLease, then simultaneous with the exercise of such renewal option, the Tenant shall be entitled pay to Landlord an abatement amount equal to the difference between the Reimbursement Amount and the amount Landlord would have paid as a Reimbursement Amount had the term been extended by the Extension Term at the time such Specified Capital Item was commenced (i.e., by way of rent commencing example, in the event that the Specified Capital Item was One Thousand Dollars ($1,000) and that the useful life of the Specified Capital Item was eight (8) years, with such work having been commenced at the end of the twentieth (20th) Lease Year, whereby Landlord reimbursed Tenant a Reimbursement Amount of Five Hundred Dollars ($500), then simultaneous with the fourth business day that exercise of its option to extend the same are unusable; providedTerm for the Fourth Extension Term, however, that the Tenant would pay to Landlord an amount equal to Five Hundred Dollars ($500)). The allocation of the costs of Specified Capital Items as set forth in this Paragraph 7.B. shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of relieve Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the maintenance and repair in question is one which Tenant is obligated to furnish obligations under the provisions of this Lease.

Appears in 2 contracts

Samples: Sublease Agreement (R2 Technology Inc), Sublease (R2 Technology Inc)

Maintenance and Repairs. (1) A. Landlord's Obligations Except for matters specified under Paragraph 4 above special or non-standard systems and Paragraph 8A(3) below as being Landlordequipment installed for Tenant's obligationexclusive use, Tenant Landlord shall, at Landlord's initial cost and expense subject to reimbursement by Tenant of Tenant's sole Proportionate Share of such cost and expense, maintain the Premises keep in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Leasethe heating, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, ventilating and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts air conditioning and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of other mechanical systems which service the Premises as a result well as other premises within the Building; the foundations, exterior walls, structural condition of performing any such work. (3) Landlord will maintaininterior bearing walls, repair and replace all structural components roof of the Premises and Building; and the roof parking lots, walkways, driveways, landscaping, fences, signs and utility installations and other Common Areas of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 aboveProject. Landlord shall do all acts required not be in breach of its obligations under this Section unless Landlord fails to comply with all applicable laws, ordinances, regulations and rules of make any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) perform maintenance which Landlord it is obligated to effect at Landlord's expense renders perform hereunder and such failure persists for an unreasonable time after written notice of a material portion of the Premises unusable need for more than three consecutive business days, then Tenant shall be entitled such repairs or maintenance is given to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant Landlord by Tenant. Landlord shall not be entitled required to a pro rata abatement make any repairs that are the obligation of rent under any tenant or occupant within the foregoing due to unusability (i) Building or Project or repairs for damage caused directly or indirectly by any negligent or intentional act or omission of Tenant or any person claiming through or under Tenant or any of Tenant's servants, employees, agentssuppliers, contractorsshippers, visitors customers or licenseesinvitees, (ii) where in which event Tenant makes a decorationshall, alteration, improvement or addition which directly causes such unusability, or (iii) where with the repair in question is one which Tenant is obligated to furnish consent and under the provisions direction of this LeaseLandlord, repair such damage at its sole cost and expense. Tenant hereby waives and releases any right it may have to make repairs to the Premises, Building or Project at Landlord's expense under any law, statute, ordinance, rules and regulations now or hereafter in effect in any jurisdiction in which the Project is located.

Appears in 2 contracts

Samples: Office Lease (PSW Technologies Inc), Office Lease (PSW Technologies Inc)

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above Tenant shall commit no act of waste and Paragraph 8A(3) below as being shall take good care of the Leased Premises and fixtures and appurtenances therein and shall, in the use and occupancy of the Leased Premises, conform to all laws, orders and regulation of the federal, state and municipal governments or an of their departments. Landlord shall make all repairs and maintenance necessary to maintain the Leased Premises. Tenant shall not make any improvements to the Leased Premises without Landlord's obligation’s prior written consent. All improvements made by Tenant to the Leased Premises which are so attached to the Leased Premises, shall become the property of the Landlord upon installation. Not later through the last day of the term of the Lease, Tenant shall, at Tenant's sole cost and ’s expense, maintain remove all of the Tenant’s personal property and those improvements made by Tenant which have not become the property of the Landlord, including fixtures, cabinet work, movable paneling, partitions and the like, repair all injury done by or in connection with installation or removal of said property and improvements and surrender the Leased Premises in as good ordercondition as they were in the beginning of the term, condition and repair, ordinary reasonable wear and tear and damage by fire and fire, the elements, casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement cause not due to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration misuse or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made neglect by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of or Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, ’s agents, contractorsservants, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusabilityexcepted. Landlord shall have the right to enter upon the Leased Premises at any agreed time for the purpose of inspecting the same, or (iii) where making repairs to the repair Leased Premises, or of making repairs, alteration or additions to adjacent premises or of showing the Leased Premises to lenders, prospective lenders or insures or prospective tenants or buyers, provided that Landlord gives reasonable notice to Tenant and that such entry shall not cause any damage to Tenant or unreasonably disrupt or interfere with Xxxxxx’s business, and further provided that such notice shall not be necessary in question is one which Tenant is obligated to furnish under the provisions cases of this Leaseemergency.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above It is understood and Paragraph 8A(3) below as being Landlord's obligation, Tenant agreed that the Landlord shall, at Tenant's its sole cost and expense, maintain keep and maintain, during the Premises term of the Lease Agreement or any extension or renewal thereof, the foundations, and structural support portion of the improvements in good order, proper condition and in a good state of repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, . Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligatedresponsible for any maintenance or repair caused by the fault or neglect of the Tenant, or due to do such acts hazards and expend such funds at the expense of Tenant as are reasonably risks covered or required to perform such workb e covered by insurance hereunder except as insurance proceeds are available therefor. All other maintenance and repair of said structure, including but not limited to, painting of walls, and maintenance, repair and replacement of equipment, shall be the responsibility of the Tenant. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenantassign warranties and extended warranties obtained from Landlord's use contractors of those portions of the Demised Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under maintain. It is understood and agreed that should either party to this Agreement fail or refuse to start and to proceed thereafter with due diligence to make any repairs or maintenance as may be reasonably necessary for the provisions purpose of this Leasefulfilling the terms and conditions of the agreements herein set forth within a reasonable length of time (not to exceed seven (7) days) after being notified in writing of the need thereof, that the other party hereto may make such repairs at the cost and expense of the party so failing or refusing. In the event of any emergency situation, Tenant may, in its discretion, make emergency repairs without giving written notification to Landlord, and Landlord shall reimburse Tenant in the event that such repairs were the responsibility of the Landlord hereunder and were not due to the fault of Tenant or Tenant's agents. The rights of Tenant hereunder specifically do not ixxxxxx the right to offset or deduct any amounts claimed hereunder from rentals due. Landlord reserves the right to enter upon the Demised Premises (in a manner that will not unnecessarily interfere with the business of Tenant) during business hours at any time to inspect the same and to make necessary repairs to fulfill Landlord's obligation hereunder.

Appears in 2 contracts

Samples: Lease Assignment (Broadview Media Inc), Lease Assignment (Broadview Media Inc)

Maintenance and Repairs. Landlord shall keep the foundation, the exterior walls (1except glass; windows; doors; door closure devises; window and door frames, molding, locks, and hardware) Except and exterior painting or other treatment of exterior walls, and the roof of the leased premises in good repair except that Landlord shall not be required to make any repairs occasioned by the act or negligence of Tenant, its employees, subtenants, licensees and concessionaires. Tenant is responsible for matters specified under Paragraph 4 above maintenance of the common area and Paragraph 8A(3) below as being Landlord's obligationcommon area equipment. If Landlord is responsible for any such repair and maintenance, Tenant shallagrees to give Landlord written notice of needed repairs. Landlord shall make such repairs within a reasonable time. Tenant shall notify Landlord immediately of any emergency repairs. Tenant shall keep the leased premises in good, clean condition and shall at Tenant's its sole cost and expense, maintain the Premises in good ordermake all needed repairs and replacements, condition including replacement of cracked or broken glass, except for repairs and repair, ordinary wear and tear and damage replacements required to be made by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required Landlord under this Lease, Landlord shall give Tenant prior written notice to do such acts as are section. If any repairs required to so maintain the Premises. In the event that be made by Tenant fails to commence such work hereunder are not made within 30 ten (10) days after written demand notice delivered to Tenant by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do may at its option make such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no repairs without liability to Tenant for any reasonable damage, inconvenience loss or interference with Tenant's use damage which may result by reason of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Buildingrepairs, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required pay to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required Landlord upon demand as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for additional rent hereunder the cost of such repairrepairs plus interest. Notwithstanding anything in At the termination of this Lease to the contrarylease, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with deliver the fourth business day that the same are unusable; providedleased premises in good order and condition, howevernormal wear and tear excepted. Normal wear and tear means deterioration which occurs without negligence, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly carelessness, accident or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leaseabuse.

Appears in 2 contracts

Samples: Commercial Lease, Commercial Lease

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above repairs caused by the willful misconduct or gross negligence of Landlord, or its agents, employees, contractors or servants (which Landlord shall promptly and Paragraph 8A(3) below as being Landlord's obligation, Tenant shallproperly repair, at TenantLandlord's sole cost and expense, to a condition at least as good as existed immediately prior to such act by Landlord, or its agents, employees, contractors or servants of gross negligence or willful misconduct), Tenant shall, at its own cost and expense, maintain the Premises, including the buildings and improvements now or at any time erected thereon, the exterior walls, roofs, foundations and structural frame of any and all such improvements or buildings, the interior of any and all such improvements or buildings, including, but not limited to, the electrical systems, heating, air conditioning and ventilation systems, plate glass, windows and doors, sprinkler and plumbing systems, and any access ways and other paved areas upon the Premises and the sidewalks, curbs, roadways, parking areas, landscaping, grounds, fences and vaults, if any, and all other items of the Premises and improvements, exterior and interior, structural and nonstructural, in good good, first class and Class "A" order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: in a manner not less than the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair of other first class office buildings in the Innsbrook Corporate Center development, ordinary wear and tear excepted, subject to Tenant's obligation to provide such ongoing maintenance of the Premises, including repairs as required under this Leasenecessary of items suffering from ordinary wear and tear, Landlord shall give Tenant prior written notice to do such acts as are required to so which will maintain the PremisesPremises and improvements in the foregoing first class order, condition and repair. In Tenant shall promptly at the event that Tenant fails Tenant's sole cost and expense make all necessary repairs, interior and exterior, structural and non-structural, ordinary as well as extraordinary, foreseen as well as unforeseen, with respect to commence such work within 30 days after written demand by Landlordthe foregoing items of maintenance and repair. Repairs shall include replacements or renewals when reasonably necessary, and diligently prosecute it all such repairs made by the Tenant shall be equal in quality and class to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such original work. Landlord Tenant shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair keep and replace maintain all structural components portions of the Premises and the roof sidewalks, walkways and parking areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. Without limiting the Buildingforegoing, and if a on or before November 1, 1995 Tenant shall repair, replacement or alteration or other change would be considered a capital improvement or replacement to replace and/or renovate, as applicable, the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost items of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as repair set forth in Paragraph 4 above. that certain letter from Landlord shall do all acts required to comply with all applicable lawsTenant dated June 8, ordinances1995, regulations and rules a copy of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair which is required attached hereto as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this LeaseExhibit "G".

Appears in 2 contracts

Samples: Lease Agreement (Markel Corp), Lease Agreement (Markel Corp)

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's its sole cost and expense, maintain the Premises in good orderperform all maintenance, condition repair and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within replacement tasks to the Premises; all equipment installed by or at the expense of Tenant; provided, however, prior to exercise and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use performance of the Premises as a result of performing any such work. (3) Option, neither Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement nor Tenant shall be obligated to make repairs or alteration or other change improvements that would be considered a capital improvement or replacement expense (according to Generally Accepted Accounting Principles, “GAAP”). By way of illustration, but not as a limitation at all times throughout the Term, Tenant shall maintain all improvements to the Premises under generally accepted accounting principlesnow or hereafter existing therein or thereon in good condition consistent with the standards of maintenance established during Landlord’s ownership. Tenant’s obligation to maintain and repair shall also specifically include the maintenance, then it repair or replacement of; fixtures and equipment essential to operation and enjoyment of the Premises; the heating, air- conditioning, electrical and plumbing systems; exterior and interior doors; windows and glass; any signs or other equipment installed and used by Tenant; and any easements appurtenant to the Premises in accordance with the terms of such easements. Tenant shall make such replacements of any of the foregoing as may become reasonably necessary during the Term. The provisions of this Section 9 shall not apply in the case of damage or destruction by fire or other casualty, or in the case of eminent domain, in which event the obligations of Tenant shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building controlled by the square footage of all buildings benefitted by specific provisions hereof addressing such improvement, including the Building) of the annual amortized amountevents. Such payment will be made by Tenant In carrying out its obligations as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceedsthis Section 9, Tenant will pay for agrees to conform to all requirements of law, the cost regulations of such repairapplicable public authorities, and the requirements of insurers. Notwithstanding anything in this Lease to the contraryFurther, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not take any action nor permit any action to be entitled taken which would result in or cause the loss, termination or forfeiture of any easement right appurtenant to a pro rata abatement the Premises or which would result in the violation of rent under any covenants, conditions or restrictions burdening the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this LeasePremises.

Appears in 2 contracts

Samples: Asset Transfer Agreement, Asset Transfer Agreement

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shallTenant, at Tenant's sole cost and expenseits cost, shall maintain the Premises in a good order, condition consistent with the condition of the Premises existing at the time of delivery. Tenant acknowledges and accepts that the Premises are leased in "AS IS" condition and repairTenant shall keep and maintain the Premises, ordinary wear and including the structural elements of the buildings, as hereinafter defined, on the Premises in a condition existing at the time Tenant takes possession of the Premises excepting normal wear, tear and damage by fire and casualty excepted, including: casualty. 1. District makes no representations or warranties for the interior surfaces structure of the ceilingsbuilding as it exists but District agrees that if the structural elements of the building become damaged to a lesser condition than currently exists, walls and floors; all doors and interior windows; furnishings installed within if such structural damage is due to no fault or negligence of Tenant, then District will repair the damage in such a manner as to bring it back to a condition which is similar to the condition which existed at the time Tenant takes possession of the Premises; all equipment installed by or at however, District may terminate this Lease if such repair cost exceeds One Hundred Fifty Thousand dollars ($150,000) per incident. District agrees to pro-rate Tenant’s rent during the expense of Tenant; and all plumbing"repair" period, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within if the Premises. resulting structural damage prohibits Tenant from carrying out its normal daily activities. If District elects not to perform a repair which cost exceeds One Hundred Fifty Thousand dollars (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion$150,000), then Landlord shall have the right, but shall not be obligated, Tenant may elect to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components remain in possession of the Premises and pay the roof stipulated rent unless changed through mutual agreement of the Buildingparties or Tenant may elect to terminate this Lease. 2. District shall not be required to maintain, and if a repair, replacement repair or alteration or other change would be considered a capital improvement or replacement to replace the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, interior spaces including the Building) interior surface of the annual amortized amountexterior walls. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts If District is required to comply with all applicable lawsperform maintenance that is not District’s obligation, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable lawsreimburse District, ordinancesas additional rent, regulations and rules within fifteen (15) days after receipt of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceedsbilling, Tenant will pay for the cost of such repairmaintenance and repairs which are the obligation of Tenant hereunder. 3. Notwithstanding anything As used in this Lease to Lease, the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion term "structural elements of the Premises unusable for more than three consecutive business daysbuildings" are defined as the roof, then Tenant foundation, footings, floor slab, flooring, and structural walls. Plumbing, air conditioning, electrical and heating systems shall be entitled to an abatement considered “structural elements of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leasebuilding.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Maintenance and Repairs. Tenant agrees to maintain the Premises and perform minor repairs such as leaking faucets and changing of air conditioner filters. Tenant shall be responsible for failure to make such repairs and shall be liable for damage resulting from such failure. Landlord shall be responsible for major repairs. The rights and obligations of the parties hereto regarding these repairs are described herein: (1a) Except Tenant shall notify Landlord promptly by telephone, in person or in writing upon discovery of any major item requiring repair, (b) Landlord shall be required to complete such repair or cause such repair to be completed within three (3) business days after receiving such notification thereof from Tenant unless such repair cannot be reasonably completed within such three (3) business day period for matters specified under Paragraph 4 above reasons beyond the control of Landlord, in which event such repair shall be completed as soon as practically possible, but in any event within seven (7) business days after such notification, and (c) Tenant shall pay the first $ 500.00 for the repair of any one item requiring repair, or shall be entitled (but not obligated) to effect any repair at Tenant's sole cost and Paragraph 8A(3expense in which case the Landlord must be notified and may require inspection of such repairs and copies of receipts for labor and/or materials for said repairs. (d) below as being In the case of emergency repairs, Landlord shall be obligated to complete or cause same to be completed within forty-eight (48) hours after notification of the need for such repair by Tenant. In the event Landlord fails to complete any emergency repairs within said forty-eight (48) hours period for any reason whatsoever, Tenant shall be entitled to effect such repairs and Landlord shall pay all expenses (subject to limits described in subsection (iii) hereinabove) thereby incurred by Tenant upon written notification to Landlord by Tenant that such repairs have been effected and following inspection of such repairs by Landlord. (e) Tenant shall pay Landlord for any property damage and/or cost of repairs to the Premises caused by the negligence or misuse thereof by Tenant, or Tenant's guests and/or other occupants. At the Landlord's obligationdiscretion, such repairs may be affected by Tenant shall, at Tenant's sole cost and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2f) In Any outstanding debt for such repairs may be deducted from the event that Tenant fails security deposit or charges to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such worktenant. (3g) Landlord will maintainTenant shall maintain the yard by watering, repair weeding, mowing the grass and replace trimming the shrubs so as to maintain a good appearance. Extermination services for all structural components pests and insects as reasonably needed shall be arranged and paid for by Tenant. Both parties acknowledge that the rent would be higher if the foregoing responsibilities were allocated differently. This assumption of the Premises and the roof of the Buildingresponsibility by Tenant is entered into knowingly, voluntarily, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make for consideration and pay for such repair, replacement, alteration or other change. The cost is an express waiver of any such capital improvement shall be amortized over the useful life statutory or common law obligation of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.

Appears in 2 contracts

Samples: Commercial Lease Agreement (Signal Advance Inc), Commercial Lease Agreement (Signal Advance Inc)

Maintenance and Repairs. (1) Except 16.1 Lessee is responsible for matters specified under Paragraph 4 above maintenance and Paragraph 8A(3) below repair of all items, improvements, structures and equipment that are part of Lessees Services, unless otherwise specifically designated as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, maintain City’s responsibility. Lessee covenants to keep the Leased Premises in good order, condition and structural repair, ordinary wear and tear and damage by fire and casualty excepted, including: including the interior surfaces of the ceilingsroof, walls and floorsfoundations to be constructed. 16.2 Exterior maintenance, including without limitation, routine gardening, cutting, mulching, pruning and similar maintenance of all foliage; routine and non-routine maintenance of parking areas (including cleaning, paining, striping, paving, and repairs), common exterior areas, and swale areas shall be done by Lessee, at its expense. 16.3 The Lessee shall keep the interior of the charter school in accordance with generally accepted good practices, including paining, the replacement of worn or damaged floor covering and repairs or replacement of interior equipment as may be necessary due to normal usage. 16.4 Lessee shall be responsible for all doors interior and interior windows; furnishings installed within exterior pest control services, janitorial costs and services related to the charter school. 16.5 Lessee shall be responsible for the exterior appearance of the buildings on the Leased Premises; all equipment installed by , including without limitation paint, mold, mildew, and water stains. Lessee shall obtain City’s written approval of the paint colors in advance. In the event of Lessee’s failure to obtain City’s paint color approval in advance, the City has the right to require changes to the paint and color at Lessee’s expense. 16.6 If Lessee fails to timely make repairs or to maintain the Leased Premises as it is required under the terms of this Agreement, then the Lessee shall be liable for any damages to property or loss thereby sustained, and the City may have such repairs made at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the PremisesLessee. In such event, the event that Tenant fails to commence such work within 30 days after written demand by LandlordLessee shall pay additional rent at the next rental payment deadline, upon presentation of a certified invoice detailing the repairs made and the expenses incurred, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense with verification of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such workpayment. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.

Appears in 2 contracts

Samples: Ground Lease Agreement, Ground Lease Agreement

Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above such maintenance, repairs, and Paragraph 8A(3) below replacements as being Landlord's obligationare necessitated by the negligence of Lessor, Tenant shallLessee shall perform any and all alterations, at Tenant's sole cost maintenance, repairs, and expensereplacements which may be necessary, or required by any law, order or other regulation of any governmental authority, to maintain the Leased Premises and Lessors fixtures and equipment located thereon in good ordergood, condition safe and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premisestenantable condition. (2b) In Lessee shall be responsible for repairs to the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Leased Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord Lessor shall have the rightright to enter upon the Leased Premises from time to time during regular business hours in order to inspect the same and to perform any maintenance, but shall not be obligatedrepairs, to do such acts and expend such funds at the expense of Tenant as are reasonably replacements which it is required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease, but this right shall be exercised in such manner as to not interfere with Lessee's use and enjoyment of the Leased Premises, and shall be subject to any and all laws, orders, or regulations of the United States Government, the State of Maryland or any department or agency thereof, which may at any time apply to Lessee's use of the Leased Premises. (d) Lessor shall maintain and keep in good repair and condition the exterior and structural elements of the Leased Premises, including the roof and structure and the electrical, air conditioning, heating and plumbing systems on the Leased Premises, except for such maintenance, repairs, and replacements as are necessitated by the negligence of Lessee, its servants, agents, or employees. Lessor shall perform any and all alterations, maintenance, repairs and replacements, which may be necessary to maintain the Leased Premises and Lessee's fixtures and equipment in good, safe and tenantable condition. Lessor shall be responsible for snow removal of the Leased Premises and maintaining adequate outside lighting.

Appears in 1 contract

Samples: Lease (Mariner Capital Trust)

Maintenance and Repairs. (1) Except Landlord shall keep the roof, exterior walls, foundations, load bearing walls and all structural parts of the Buildings on the Premises in good repair except for matters specified under Paragraph 4 above any damages thereto caused by the negligence of Tenant, its agents, servants and Paragraph 8A(3) below as being Landlord's obligationemployees, which damages shall be promptly repaired by Tenant shall, at Tenant's sole expense. Tenant acknowledges that at the time of the execution of this Lease, the roof, exterior walls, load bearing walls and all structural parts of the Buildings on the Premises are in good repair. In the event of any leak in the roof, Tenant shall immediately report the same to Landlord. Landlord shall not be responsible for any damage resulting from unreported leaks, or leaks which occur from damage and destruction beyond the control of Landlord. Landlord, at its sole cost and expense, shall make all other repairs to the interior of the Buildings on the Premises including the floor, electrical and plumbing repairs, except damages thereto caused by the negligence of the Tenant, its agents, servants, employees and invitees, which repairs shall be made by Tenant. Tenant agrees to maintain the Premises interior of the Buildings in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to . Landlord shall maintain the Premises in good order, condition heating and repair as required under air conditioning equipment during the first Lease year and Tenant shall maintain said equipment thereafter. Upon the termination of this Lease, Tenant shall surrender the Premises and all attached improvements thereon to Landlord shall give in as good a condition as existing at the time of its initial occupancy, ordinary wear and tear excepted. If Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlorddefaults in keeping or performing its obligations hereunder, and diligently prosecute it to completion, then Landlord shall have the right, but shall not after fifteen (15) days notice (except no notice need be obligatedsent in cases of emergency), to do such acts and expend such funds at the expense of Tenant as are reasonably required to keep or perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair obligation in its behalf and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease the same shall be added to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of next rent commencing with the fourth business day that payment as the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leasebecomes due.

Appears in 1 contract

Samples: Lease Agreement (Sport Haley Inc)

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, Lessor agrees to maintain at Tenant's sole its' own cost and expenseexpense the exterior walls, maintain foundations, parking lot, roof, gutters and downspouts and external and structural elements of the Premises improvements in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair (as required under to structural soundness only) during the term of this Lease, Landlord shall give Tenant prior written notice unless damage to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use portions of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components improvements is caused by the acts or omissions of the Premises and the roof of the BuildingLessee, and if a repairits' agents, replacement customers or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principlesinvitees, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (in which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment event Lessee will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for bear the cost of such repair. Notwithstanding anything in this Lease Lessee agrees to maintain at its' own cost and expense the balance of the Leased Premises including, but not limited to the contraryinterior improvements, the exterior entrance doors and/or overhead doors and all other fixtures applicable to the Leased Premises in substantially the same condition as at the beginning of the term, excepting only reasonable wear and tear arising from the proper use thereof, and will make all necessary repairs to keep the Leased Premises in good order and condition. Lessee will keep the parking lot free and clear of trash and refuse and keep the vegetation in the front and rear of the building in a neat and orderly manner. In the event Lessor or Lessee landscapes the vegetated area in front of the property, Lessee will maintain such landscaped area thereafter. Lessee will provide and maintain vermin-proof receptacles for Lessee's own use in the event refuse is temporarily stored outside of the Leased Premises, and Lessee will be responsible for the removal of said refuse and will promptly and strictly comply with all health, sanitary or other laws, regulations and ordinances pertaining to the depositing and removal of such refuse from or about the Leased Premises. Lessee's refuse receptacle will be placed in a location designated by Lessor. Lessee will maintain, repair, and replace, when necessary, the air conditioning, plumbing, gas and electrical appurtenances and fixtures in the Leased Premises and will retain the services of an outside vendor for the purpose of monthly air conditioner filter changes. A copy of Lessee's current agreement with said filter service will be maintained with Lessor. Lessee will maintain an adequate number of two and one-half gallon soda-acid fire extinguishers, or as otherwise required, in the Leased Premises as may be reasonably required by Lessor, the Austin Fire Department, or Lessor's insurance company, covering the Leased Premises and in no event that less than one such extinguisher for the need Leased Premises. Lessor will not be liable to Lessee or any other person whomsoever for repairs injury or damage to Lessee or any other person whomsoever for injury or damage to persons or property received on or incidental to the making use of repairs (said Leased Premises. Lessee will indemnify and save harmless Lessor from and against any loss, claim, expense or both) which Landlord is obligated liability in connection therewith including Lessor's failure to effect repair. All outside window breakage, including plate glass doors and special window front equipment will be repaired by Lessee at LandlordLessee's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly unless Lessor or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes its agents cause such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leasebreakage.

Appears in 1 contract

Samples: Lease Agreement (Micro Media Solutions Inc)

Maintenance and Repairs. (1) Except 8.1 The Tenant at its own cost shall maintain and keep the Solar Power System in good condition and repair. The Tenant shall keep the Solar Power System in such condition as a careful owner of a comparable item would do. If any part of the Solar Power System is damaged or destroyed for matters specified under Paragraph 4 above any reason whatsoever, the Tenant shall repair the same, forthwith, and Paragraph 8A(3) below as being Landlord's obligationat its own cost, and in a good and workmanlike manner that a prudent owner would in similar circumstances. If the Tenant fails, refuses or is unable to repair or make the necessary repairs to the Solar Power System. The Landlord may make such repairs or replacements with the cost of the resulting repairs and replacement borne by the Tenant. 8.2 The Tenant shall, forthwith, inform the Landlord in writing of any damage to the Leased Space, the roof or any other part of the Building caused by or in any other way resulting from the installation, operation or maintenance of the Solar Power System, and the steps to be taken by the Tenant, at Tenant's its sole cost and expense, maintain to repair the Premises same. 8.3 The Tenant will keep the Leased Space in good order, a clean and tidy condition and repairwill not permit waste paper, ordinary wear garbage, ashes or waste or objectionable material to accumulate. 8.4 The Tenant shall promptly pay all of its contractors and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; do any and all plumbingthings necessary to minimize the possibility of any Encumbrance attaching to the Leased Space, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the PremisesLand or Building. In the event that such Encumbrance shall be filed against the Leased Space, Land or Building, the Tenant fails shall discharge the same, forthwith, at the Tenant's expense. If the Tenant shall fail to commence cause such work within 30 days after written demand Encumbrance to be discharged, then, in addition to any other right or remedy of the Landlord under this Agreement, the Landlord may discharge the same by paying the amount claimed to be due, together with interest costs and other required amounts into court or directly to the Encumbrance claimant, and the amounts so paid by the Landlord and all incurred costs and expenses of the Landlord, including solicitor's fees (on a solicitor and diligently prosecute it his client basis), shall be due and payable by the Tenant to completionthe Landlord. 8.5 During the Term, then Landlord shall have the right, but shall not be obligated, and subject to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damagesecurity or confidentiality requirements of the Tenant, inconvenience the Landlord may inspect the leased Space and the Solar Power System to confirm compliance with this Agreement. 8.6 At the expiration of the Term or interference with sooner termination of this Agreement, or the expiration of any renewals thereof, the Tenant shall surrender and yield up to the Landlord the Leased Space in good and substantial repair and condition. Reasonable wear and tear only excepted. The Tenant shall repair all damage to the Leased Space caused by their installation, operation, maintenance or removal of the Solar Power System. The Tenant's use obligation to observe and perform this covenant shall survive the expiration or sooner termination of the Premises as a result of performing this Agreement or any such workrenewal thereof. (3) Landlord 8.7 Except only for the Solar Power System, the Tenant will maintainnot bring onto the Leased Space any machinery, repair equipment, article or other item that by reason of its weight, size or use may damage in any way and replace all structural components of the Premises and to any extent the roof of the Building. In the event of any damage to the roof or Building caused by any machinery, and if a repairequipment, replacement or alteration article or other change would be considered a capital improvement item, or replacement to the Premises under generally accepted accounting principlesby any other act, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration neglect or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building misuse by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's its servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusabilityemployees, or (iii) where any persons having business with the Tenant, or otherwise invited onto the Leased Space by the Tenant, the Tenant shall, forthwith, and at the option of the Landlord, repair in question is one which Tenant is obligated the same using, at all times, new materials, or pay to furnish under the provisions Landlord the cost of this Leaserepairing the same.

Appears in 1 contract

Samples: Solar Power Lease Agreement

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shallTenant, at Tenant's sole cost and its expense, shall maintain and keep the Premises in good orderorder and repair at all times during the Term. In addition, condition Tenant shall reimburse Landlord for the cost of any repairs to the Building necessitated by the acts or omissions of Tenant, its subtenants, assignees, invitees, employees, contractors and repairagents, ordinary wear and tear and damage by fire and casualty exceptedto the extent Landlord is not reimbursed for such costs under its insurance policies. Landlord may perform any maintenance or make any repairs to the Building as Landlord shall desire or deem necessary for the safety, including: the interior surfaces operation or preservation of the ceilingsBuilding, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as Landlord may be required under this Lease, Landlord shall give Tenant prior written notice or requested to do such acts as are required to so maintain by any governmental authority or by the Premisesorder or decree of any court or by any other proper authority. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, throughout the Term, shall keep and diligently prosecute it maintain or cause to completion, then Landlord shall have be kept and maintained the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises Building (including, without limitation, the roof and the roof membrane and the windows), all common areas of the BuildingProperty, and if all Building systems (excluding only those non-standard portions of Building systems which are (a) located within a repair, replacement or alteration or other change would be considered a capital improvement or replacement to tenant's premises and (b) service only such tenant's premises and (c) are required by the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life terms of such item and Tenant agrees tenant's lease to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted maintained by such improvement, including Tenant) in good order and repair (consistent with that of other first class office buildings in the BuildingRoute 3/Route 495 submarket) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 aboveand shall make all necessary repairs thereto. Landlord shall do also make all acts repairs, replacements, additions, alterations and improvements to the Building (including the Premises) and the common areas of the Property which are required to comply with all applicable lawsby any law, ordinancesstatute, regulations and rules code. ordinance, by-law, order, judgment, decree, rule or regulation of any public governmental authority relating to the Premises, except to the extent that such of the foregoing as are solely required because of a result of Tenant's specific nongeneral business office use made of the PremisesPremises by Tenant hereunder. Tenant shall do all acts required to comply with all applicable lawsExcept as otherwise provided in this Lease, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of all such repair. Notwithstanding anything in this Lease to the contraryrepairs, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business daysreplacements, then Tenant alterations, additions and improvements shall be entitled to an abatement borne by Landlord and shall be included as part of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this LeaseExpenses.

Appears in 1 contract

Samples: Lease (Unifi Communications Inc)

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below A. By entry hereunder, Tenant accepts the Premises as being Landlord's obligationin good, sanitary order, condition and repair. Tenant shall, at Tenant's Tenants sole cost and expense, maintain keep the Premises and every part thereof, in good order, condition and repair, including, but not limited to, the interior surfaces of the ceilings, walls, floors, all doors, all interior windows, property standard finishes, any plumbing and air conditioning which exclusively serves the Premises, any elevators which exclusively serves the Premises, and special items and equipment installed by Tenant. Tenant shall, upon the expiration or sooner termination of the term hereof, surrender the Premises to Landlord in the same condition as when received, ordinary wear and tear and damage by fire fire, earthquake, act of God or other elements excepted. It is specifically understood and casualty exceptedagreed that Landlord has no obligation and has made no promises to alter, including: remodel, improve, repair, decorate or paint the interior surfaces Premises or any part thereof and that no representations respecting the condition of the ceilings, walls and floors; all doors and interior windows; furnishings installed within Premises or the Premises; all equipment installed Building of which the Premises are a part have been made by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the PremisesLandlord to Tenant except as specifically herein set forth. (2) In the event that B. If Tenant fails to maintain the Premises in good order, condition and repair as required under this Leaserepair, Landlord shall give Tenant prior written notice to do such acts as are reasonably required to so maintain the Premises. In the event that If Tenant fails to promptly commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, right to do such acts and expend such funds at the expense of Tenant as are reasonably responsibly required to perform such work. Any cost expended by Landlord shall be reimbursed to Landlord by Tenant promptly after demand with interest at the prime commercial rate then being charged plus five percent (5%) per annum, from the date of such work, but not to exceed the maximum rate then allowed by law. Landlord shall have no not liability to Tenant for any reasonable damage, inconvenience inconvenience, or interference with Tenant's the use of the Premises by Tenant as a result of performing any such work. Nothing herein shall imply any duty of the part of Landlord to so any such work which Tenant may be required to do, nor shall it constitute a waiver of Tenants default in failing to do same. (3) C. Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall each do all acts required to comply with all applicable laws, ordinancesordinance, regulations and rules of any public authority relating to their respective maintenance obligations as set forth herein. D. Tenant expressly waives the Premisesbenefits of any statue now hereafter in effect which would otherwise afford the Tenant the right to make repairs at Landlords expense or to terminate this Lease because of Landlords failure to keep the Premises in good order, except condition and repair. E. Tenant shall not place a load upon any floor of the Premise, which exceeds the load per square foot which floor was designated to carry, as determined by Landlord or Landlord's structural engineer. The cost of any such determination made by Landlord's structural engineer shall be paid for by Tenant upon demand. Tenant shall not install business machines or mechanical equipment which cause noise vibration to such a degree a to be objectionable to Landlord or other property tenants. F. Except as otherwise expressly provided in this Lease, Landlord shall have no liability to Tenant nor shall Tenants obligations under this Lease be reduced or abated in any manner whatsoever by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlords making any repairs or changes which Landlord is required or permitted by this Lease or by any other tenants lease or required by law to make in or to any portion of the extent that the foregoing are solely a result of Tenant's use of property or the Premises. Landlord shall nevertheless use reasonable efforts to minimize any interference with Tenants business in the Premises. G. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules give Landlord prompt notice of any public authority relating solely damage to Tenant's use or defective conditions of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under aware in any part or appurtenance of the provisions of this LeaseBuildings mechanical, electrical, plumbing, HVAC (if applicable), or other systems servicing, located in, or passing through the Premises.

Appears in 1 contract

Samples: Lease Agreement (Network Holdings International Inc)

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above 10.1. Landlord agrees to maintain and Paragraph 8A(3) below as being Landlord's obligationkeep in good repair the roof, Tenant shallfoundations, at Tenant's sole cost and expense, maintain exterior walls of the building in which the Premises in good orderare located, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces structure of the ceilings, walls and floors; all doors and interior windows; furnishings installed within surrounding the Premises; all equipment installed , exclusive of any repairs made necessary by the actions of Tenant or at the expense of Tenant; and all plumbing’s agents, heatingemployees, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premisesor invitees. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work10.2. Landlord shall have no liability gives to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components exclusive control of the Premises and shall not be required to supply any interior maintenance or repair to or for the roof of Premises or to inspect the Buildingsame, except as set out in paragraph 10.1. Tenant shall report promptly to Landlord all items requiring maintenance and if a repair, replacement . 10.3. Tenant shall not make improvements or alteration or other change would be considered a capital improvement or replacement alterations to the Premises under generally accepted accounting principleswithout the prior express written consent of Landlord, then it shall which consent will not be Landlord's responsibility to promptly make and pay for unreasonably withheld. Any such repair, replacement, alteration improvements or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined alterations approved by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to must comply with all applicable lawsexisting federal, ordinancesstate, regulations and rules local laws and must be maintained and repaired by Tenant. Upon the expiration or termination of any public authority relating this Agreement, all improvements or additions placed in or erected on the Premises by Tenant, whether or not affixed or attached to the Premises, except to shall vest in and become the extent that the foregoing are solely a result property of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable lawsLandlord, ordinanceswithout further notice, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceedsaction taken, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusableinstrument executed; provided, however, Tenant may remove all of Tenant’s personal property from the Premises on or before the expiration or termination of this Agreement. Tenant shall repair all damage to the Premises resulting from the removal of Tenant’s personal property. Tenant agrees that Tenant all of Tenant’s removal shall be at Tenant’s risk and Landlord shall not be entitled to a pro rata abatement of rent under liable for any damage thereto or loss thereof. 10.4. Any property acquired by Tenant through Landlord or acquired by Landlord for the foregoing due to unusability (i) caused directly or indirectly by any act or omission use of Tenant shall become and remain the property of Landlord and shall not be removed by Tenant, or any of Tenant's servants, its employees, agents, contractors, visitors or licensees, or invitees, from the Premises. 10.5. Notwithstanding any provisions of this Agreement to the contrary, Tenant is solely responsible for assuring that the Premises are at all times in compliance with Title II and/or Title III (iias applicable) where of the American with Disabilities Act of 1990, 42 USC §12101 et seq. (hereinafter the “ADA”) as amended, and with all regulations promulgated pursuant to the ADA (hereinafter the “Regulations”). Tenant makes a decoration, alteration, improvement or addition which directly causes such unusabilityshall be solely responsible for all costs and expenses associated with ADA compliance. Tenant shall not charge Landlord for, or (iii) where seek reimbursement from Landlord for, any expenditures, capital or otherwise, associated with conforming the repair in question premises to the requirements of the ADA and the Regulations. Landlord is one responsible for compliance with ADA for common areas, provided that if the requirements are mandatory on Landlord because of the uses to which Tenant is obligated utilizing the Premises, the costs of such compliance are deemed to furnish be a Special Rent Assessment, due and payable by Tenant to Landlord as Additional Rent not later than ten (10) after completion of the improvements. 10.6. Landlord’s obligations under this paragraph 10 are subject to reduction depending upon the provisions availability of this Leasefunds appropriated for the purposes herein.

Appears in 1 contract

Samples: Rental Agreement (Synageva Biopharma Corp)

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above Lessee agrees to keep the premises in a clean and Paragraph 8A(3) below as being Landlord's obligationsafe condition. City agrees to maintain in good order and repair and in a clean and safe condition any and all structures, Tenant shallfacilities, improvements, and equipment at the Leased Premises, at Tenant's Lessee’s including without limitation all plumbing, HVAC, electrical, and other utility systems, at City’s sole cost and expense, maintain during the Premises entire Term. Lessee Except as expressly set forth in good orderthe first sentence of this Section 5.a, condition and repairCity shall perform any required maintenance except including without limitation on the foundation, ordinary wear and tear and damage by fire and casualty exceptedstructure, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within roof which shall be the Premises. (2) In responsibility of the event that Tenant fails City. Subject to maintain the Premises in good order, condition and repair as required under waiver of subrogation provisions of this Lease, Landlord the Lessee shall give Tenant prior written notice repair any area damaged by Lessee, Lessee’s agents, employees, invitees and visitors whether through active or passive negligence. Should Lessee fail, neglect or refuse to do such acts as are required to so maintain so, the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord City shall have the right, but shall not be obligatedthe obligation, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant maintenance or repairs for any reasonable damagethe Lessee’s account, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility Lessee agrees to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over reimburse the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay City for the cost of such repair. Notwithstanding anything in this Lease to the contrarythereof (plus an additional twenty percent (20%) for overhead), in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant the City shall first give Lessee ten (10) days' written notice of its intention to perform such maintenance. City shall not be entitled obligated to a pro rata abatement make any repairs to or maintain any improvements on the subject Leased Premises unless otherwise required by this Agreement. City reserves the right of rent entry for its employees and agents to inspect the Leased Premises as deemed necessary by City, and the right (but not obligation) to do any and all work of any nature necessary for preservation, maintenance and operation of the Leased Premises. City shall provide reasonable prior notice of the exercise of such right except in case of an emergency, and shall take reasonable measures to avoid interference with Lessee’s business operations in doing so. Lessee shall be given reasonable notice when any such work may become necessary and will reasonably adjust operations to permit City to proceed expeditiously with such work. Subject to City’s maintenance and repair obligations as expressly set forth above, City shall not be liable to Lessee for injury or damage that may result from any defect in the construction or condition of the Leased Premises, nor for any damage that may result from interruption of Lessee’s use of the Leased Premises during any repairs by City. Lessee waives any right to repair the Leased Premises at the expense of City under any applicable law. Lessee shall remove all improvements installed by lessee upon termination of this lease without cost to the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusabilityCity, or (iii) where said improvements will revert to the repair City, at the City’s option. Such option shall only be effective if provided by City in question is one which Tenant is obligated writing to furnish under Lessee. All improvements and alterations require prior written approval of the provisions of this LeaseAirport Manager.

Appears in 1 contract

Samples: Non Aviation Hangar Lease Agreement

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below 3.1 The Tenant shall keep the Land in the same condition as being Landlord's obligationat the commencement date, Tenant shall, at Tenant's sole cost and expense, maintain the Premises in good order, condition and repair, ordinary fair wear and tear and damage by fire and casualty excepted, including: and properly maintained and shall comply with the interior surfaces requirements of any act or notice affecting the Land including but not limited to the Public Health and Xxxxxxxxx Xxx 0000, where the requirements of such act or the issuing of such notice relates to the Permitted Use, save that the Tenant shall not be obliged: 3.1.1 to repair damage caused by risks against which the Council has insured unless the insurance has been invalidated by the acts or omissions of the ceilingsTenant or the Tenant's employees, walls and floors; all doors and interior windows; furnishings installed within agents or contractors. For the Premises; all equipment installed by avoidance of doubt, the Council shall have no obligation whatsoever in relation to the repair maintenance or at the expense replacement of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. 3.2 Without limiting the Tenant's obligations under Clause 3.1 and item 21 of Schedule 1 the Tenant shall: 3.2.1 keep the Land and the Common Property free of rubbish and keep all waste in proper receptacles and arrange for its regular removal; 3.2.2 promptly give notice in writing to the Council of any damage to or defect in the Land or any of its services and of the service by any authority of any notice or order affecting the Land; 3.2.3 promptly give written notice to the Council of any hazards affecting the Land or giving rise to any potential liability under the Wrongs Xxx 0000 after the Tenant becomes aware of them; 3.2.4 immediately make good any damage caused to adjoining premises or land by acts or omissions of the Tenants or the Tenant's employees agents, licensees, contractors or invitees or other claiming through or under the Tenant; 3.2.5 permit the Council and its workmen if necessary to enter the Land during normal business hours upon reasonable notice and in cases of emergency at any time to: (2a) In inspect the event that Land; (b) to carry out any repair or alteration; or (c) to comply with any notice or order of any competent authority. 3.2.6 carry out repairs to the Land within fourteen (14) days after being served with a written notice of any defect or lack of repair for which the Tenant is responsible. If the Tenant fails to maintain comply with the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In Council may carry out the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds repairs at the expense Tenant's cost; 3.2.7 take all precautions required by law against fire; 3.2.8 comply with the reasonable requirements of Tenant as are reasonably required the Council or its insurer and with the recommendations of the Insurance Council of Australia concerning prevention of fire; 3.2.9 upon vacating the Land remove the Tenant's signs or advertisements and make good any damage caused by removal; 3.2.10 take reasonable precautions to perform such work. Landlord shall have no liability to Tenant secure the Land and any contents from theft keep all openings fastened when the Land is not in use and comply with the Council's directions for the use and return of keys; 3.2.11 maintain with a reputable insurer in the joint names of the parties the following insurances: (a) a public risk policy for the Land and Premises for any reasonable damage, inconvenience single accident or interference event for the amount specified in item 16 of Schedule 1 and the policy shall indemnify the Council and the Tenant against claims arising from the use by the Tenant its invitees agents contractors or licensees of the Land or the building; AND promptly provide the Council with copies of all policies effected by the Tenant and once in every year during the Term provide the Council with certificates of currency of those policies; 3.2.12 reimburse the Council for any extra insurance premiums resulting from the Tenant's use of the Premises as a result of performing any such work.Land; (3) Landlord will maintain, repair 3.2.13 keep and replace all structural components maintain the gardens and grounds of the Premises Land and the roof Common Property in good order and condition; and 3.2.14 Contribute (if required) to any body corporate fee contribution or levy assessed on the basis of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage proportionate lot liability of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this LeaseLand.

Appears in 1 contract

Samples: Lease Agreement

Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligationspecifically set forth below, Tenant shallLessor will, at Tenantits cost and expense throughout the Term of this Agreement: (i) Make reasonably necessary major repairs and replacements in and to the Leased Premises. (ii) Be responsible for all reasonable preventative maintenance and the replacement of any appurtenances existing as of the commencement of this Agreement that have become obsolete or do not work because of the age or due to the condition of the Leased Premises as it was upon commencement of this Agreement. (iii) Maintain in good condition and keep i n good repair the exterior and structural components of the Leased Premises, including the roof, foundation, adjoining walkways, sidewalks, and parking areas, and shall keep the walkways, sidewalks, and parking areas clear of all obstructions. (iv) Be responsible for snow and ice removal from the Leased Premises and adjoining walkways, sidewalks, and parking areas. Lessor shall use commercially reasonable efforts to minimize interference with Xxxxxx's sole operations at the Leased Premises in exercising its rights under this Section. (b) Notwithstanding the foregoing, Lessee shall throughout the Term of this Agreement: (i) At its cost and expense, maintain perform all necessary routine maintenance of the Leased Premises, including custodial services and trash removal, and shall keep the Leased Premises neat, orderly, and in good ordercondition. (ii) At its cost and expense, condition and repairbe responsible for the replacements of any items, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces which are part of the ceilingsLessee's additions, walls alterations, and/or improvements that become obsolete or do not work for any reason whatsoever; however, Xxxxxx's responsibility for maintenance and floors; repair of Lessee's items shall end upon the termination of this Agreement. (iii) Properly use and operate all doors electrical, gas, and interior windows; furnishings installed within plumbing fixtures, and keep them as clean and sanitary as their condition permits. (iv) Not permit any person on the Premises; all equipment installed by Leased Premises with its permission to willfully or at wantonly destroy, deface damage, impair, or remove any part of the expense Leased Premises or the facilities, equipment, or appurtenances thereto. (v) Use every reasonable precaution against fire. (vi) Give to Lessor prompt written notice of Tenant; and all plumbingany accident, heatingfire, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within or damage occurring on or to the Leased Premises. (2vii) In Comply with any requirements of any of the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlordconstituted public authorities, and diligently prosecute it with the terms of any State or Federal statute, or local ordinance or regulation, applicable to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience Lessee or interference with Tenant's its use of the Premises as a result of performing any such workLeased Premises, and save Lessor harmless from penalties, fines or damages resulting from failure to do so. (3viii) Landlord will Peaceably deliver up and surrender possession of the Leased Premises to Lessor at the expiration or sooner termination of this Agreement. (ix) Not commit or suffer to be committed any waste on the Leased Premises, nor shall it maintain, repair and replace all structural components of commit or permit the Premises and the roof of the Building, and if a repair, replacement maintenance or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost commission of any such capital improvement shall be amortized over nuisance on the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing Leased Premises or use the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of Leased Premises for any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leaseunlawful purpose.

Appears in 1 contract

Samples: Lease Agreement

Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above Landlord shall Maintain (i) all Building footings, foundations, structural steel columns and Paragraph 8A(3) below as being girders at Landlord's obligation, Tenant shall, at Tenant's ’s sole cost and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical (ii) the Building roof and lighting facilities exterior walls; and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In in the event that Tenant fails to maintain there are multiple tenants in the Premises in good order, condition and repair as required under this LeaseBuilding, Landlord shall give also Maintain (iii) the Building Systems; and (iv) the Common Areas. Costs incurred by Landlord under the foregoing clauses (ii), (iii) and (iv) will be included in Operating Expenses, provided that to the extent any heating, ventilation and air conditioning system, or other Building System, equipment or fixture serves the Premises exclusively, If Tenant becomes aware of any condition that is Landlord’s responsibility to repair, Tenant shall promptly notify Landlord of the condition. If Landlord fails to complete any of its maintenance obligations under this Lease within thirty (30) days after the receipt by Landlord of written notice from Tenant of any such failure (except in the event of an emergency, in which event only reasonable prior notice shall be required), or, if such maintenance cannot reasonably be completed within such thirty (30) day period, such longer period as may be reasonably required for such completion (provided that Landlord commences the maintenance within such thirty (30) day period and diligently pursues same to completion), then, subject to and in accordance with the provisions of Section 22(g), Tenant may complete any such maintenance at Landlord’s cost. Landlord shall pay Tenant any sums paid or costs incurred by Tenant (together with an administrative fee of ten percent (10%) thereof) in curing the default, plus interest at the Interest Rate from the respective dates of Tenant’s incurring such costs within thirty (30) days after Tenant has invoiced Landlord therefor. If Landlord fails to reimburse Tenant within thirty (30) days after receipt of such invoice, then unless Landlord delivers written notice to do Tenant within such acts thirty (30) day period that Landlord disputes in 7 QB\129138.00037\24864053.9 (b) Except as are required to so maintain provided in subsection (a) above, Tenant at its sole expense shall Maintain the Premises and all fixtures and equipment in the Premises. In All repairs and replacements by Tenant shall utilize materials and equipment which are comparable to those originally used by Landlord in constructing the event that Tenant fails to commence such work within 30 days after written demand by LandlordBuilding and Premises. Alterations, repairs and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement replacements to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvementProperty, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result made necessary because of Tenant's ’s Alterations or installations, any use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely or circumstances special or particular to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or its Agents shall be made by Landlord or Tenant as set forth above, but at the sole expense of Tenant to the extent not covered by any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated applicable insurance proceeds paid to furnish under the provisions of this LeaseLandlord.

Appears in 1 contract

Samples: Lease Agreement (Wageworks, Inc.)

Maintenance and Repairs. (Section 1) Except for matters specified under Paragraph 4 above . Landlord shall, at its own expense, make all necessary repairs to the roof, outer walls, footings and Paragraph 8A(3) below as being Landlord's obligation, foundation of the premises which repairs are occasioned by structural defects. Tenant shall, at Tenant's sole cost and its expense, maintain take care of the Premises demised premises both inside and out and keep the same and all parts thereof, by way of illustration, but not limitation, the roof and four outer walls, together with any and all alterations, additions and improvements therein or thereto, in good orderorder and condition, condition suffering no waste or injury, and repairshall promptly make all needed repairs and replacements, ordinary wear in and tear to any building or structure or equipment now or hereafter erected upon the demised premises, including vaults, sidewalks, water, sewer and damage by fire gas connections, pipes and casualty exceptedmains, including: and all other fixtures, machinery and equipment now or hereafter belonging to or connected with said premises or used in their operation. All such repairs and replacements shall be of first class quality sufficient for the interior surfaces proper maintenance and operation of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that demised premises. The Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not allow the accumulation of waste or refuse matter, not permit anything to be obligated, done upon the demised premises which would invalidate or prevent the procurement of any insurance policies which may at any time be required pursuant to do such acts the provisions of Article IV hereof. The Tenant shall not obstruct or permit the obstruction of the street or sidewalk and expend such funds at shall keep the expense sidewalk and curb adjoining the demised premises clean and free of Tenant as are reasonably required to perform such worksnow and ice. Landlord shall have no liability be responsible for the repair and maintenance of the parking lot, landscaping and security related to the parking areas. Tenant agrees to pay Landlord Tenant's proportionate share of all costs and expenses of every kind and nature paid or incurred by Landlord pursuant to Article IX, Section 1. Tenant's proportionate share for the purposes of this Article shall be 51.24%. In addition, Tenant shall be fully responsible for any reasonable damagerepairs, inconvenience at its expense, caused by its negligence, abuse, use or interference with Tenant's use occupancy of the Premises as a result of performing any such work. (3demised premises or building(s) Landlord will maintaincomprising the demised premises. Notwithstanding anything in this Article IX, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement Section 1 to the Premises under generally accepted accounting principlescontrary, then it shall be Landlord's responsibility during the entire lease term, if Tenant is required to promptly make and pay for such repairreplace a major capital component to the leased premises, replacement, alteration or other change. The the cost of any such capital improvement replacement shall be amortized over the useful replacement's ten year life of such item expectancy and Tenant agrees shall be required to pay its percentage proportionate share (for such replacement based upon the remaining term or, the Lease during which Tenant continues to occupy the leased premises. Section 2. The Tenant shall be determined by dividing the square footage at its own expense under penalty of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to forfeiture and damages promptly comply with all applicable lawful laws, ordinancesorders, regulations or ordinances of all municipal, County and rules State authorities affecting the premises hereby leased and the cleanliness, safety, occupation and use of same. Section 3. The Landlord shall have the right to enter upon the leased premises at all reasonable hours after two (2) business days notice (except in the case of emergency) for the purpose of inspecting the same. If the Landlord deems any public authority relating repairs necessary, he may demand that the Tenant make the same and if the Tenant refuses or neglects forthwith to commence such repairs and complete the same with reasonable dispatch, the Landlord may make or cause to be made such repairs and shall not be responsible to the PremisesTenant for any loss or damage that may accrue to its stock or business by reason thereof, except and if the Landlord makes or causes to be made such repairs, the Tenant agrees that it will forthwith on demand pay to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for Landlord the cost thereof with interest at fifteen (15%) percent per annum, and if it shall make default in such payment, the Landlord shall have the remedies provided in Paragraph 6 hereof. Section 4. The Landlord reserves the right of such repair. Notwithstanding anything in this Lease free access at all times to the contrary, in the event that the need for repairs or the making roof of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that said leased premises. The Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by erect any act or omission of Tenant structures for storage or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusabilityaerial, or (iii) where use the repair roof for any purpose without the consent in question is one which Tenant is obligated to furnish under writing of the provisions of this LeaseLandlord.

Appears in 1 contract

Samples: Lease Agreement (Advanced Photonix Inc)

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above 5.1 Landlord covenants and Paragraph 8A(3) below as being Landlord's obligationagrees that on the Commencement Date, Tenant shallthe Building interior will be reasonably clean, at Tenant's sole cost and expense, maintain the Premises Building service systems will be in good orderelectrical, condition mechanical and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premisesoperating condition. (2) In 5.2 During the event that Term of this Lease Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any take reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components care of the Premises and the roof of the Building, Landlord's fixtures and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement appurtenances therein and thereon and shall perform all maintenance and make all repairs and replacements to the Premises under generally accepted accounting principles, then it not specifically imposed upon Landlord by the express provisions hereof. All repairs and replacements made by Tenant shall be equal in quality to that in place on the Commencement Date. 5.3 Landlord's responsibility obligations under this Article shall consist of making all structural repairs, replacements and alterations (but excluding general maintenance and repairs of a non-structural nature) to promptly make the exterior and pay for such repairbearing walls of the Building and support beams, replacementand columns and lateral support thereto, alteration and to perform all repairs and restoration required by Article X. Landlord's obligations do not include, without limitation, repairs to or other change. The cost maintenance or replacement of any such capital improvement shall be amortized over plumbing or sewer lines, or the useful life repair or replacement of such item the roof membrane and Tenant agrees to pay its percentage share (deck, the HVAC systems or the primary distribution electrical service equuipment, all of which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to responsibility at Tenant's use expense during the Term of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contraryor any extension thereof, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall only be liable for any such repairs, maintenance or replacement during the Term and Landlord shall reimburse Tenant to the extent that the useful life of any such repairs, maintenance or replacement exceed the Term. 5.4 Landlord reserves the right to stop any service or utility system, when necessary by reason of accident or emergency, or until necessary repairs have been completed; provided, however, that in each instance of stoppage, Landlord shall exercise reasonable diligence to eliminate the cause thereof. Except in case of emergency repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Landlord shall not be liable to Tenant for any compensation or reduction of rent by reason of inconvenience or annoyance or for loss of business arising from the necessity of Landlord or its agents entering the Premises for any of the purposes in this Lease authorized, or for repairing the Premises or any portion of the Building however the necessity may occur. In case Landlord is prevented or delayed from making any repairs, alterations or improvements, or furnishing any services or performing any other covenant or duty to be performed on Landlord's part, by reason of any cause reasonably beyond Landlord's control, Landlord shall not be liable to Tenant therefor, nor, except as expressly otherwise provided in Section 10.1, shall Tenant be entitled to a pro rata any abatement or reduction of rent under by reason thereof, nor shall the foregoing due same give rise to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of a claim in Tenant's servantsfavor that such failure constitutes actual or constructive, employeestotal or partial, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where eviction from the repair in question is one which Tenant is obligated to furnish under the provisions of this LeasePremises.

Appears in 1 contract

Samples: Lease Agreement (Standish Care Co)

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant Lessee shall, during the term of this Lease and any extension thereof, at TenantXxxxxx's sole cost and expense, maintain keep the interior of the Leased Premises in as good orderorder and repair as it is at the time of the commencement of this Lease, condition and repair, ordinary reasonable wear and tear excepted. Xxxxxx agrees to perform and damage by fire and casualty excepted, including: the interior surfaces pay for all of the ceilingsmaintenance of the Mill building, walls both inside and floorsoutside. This includes repair, replacement and preventive maintenance of structural and non-structural components; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbingmechanical, electrical, heating, ventilatingcentral cooling, electrical hot water and plumbing equipment and systems; of elevator; fire detection and suppression systems; of fixtures, historical and decorative features and finishes; of roof, floors, walls, ceilings, and other parts of the leased premises damaged or worn through normal occupancy; and of structures attached to the Mill such as staircases, railings and sidewalks. Lessee also shall repair damage caused by abuse, negligence, neglect or excessive wear and tear. City shall perform at its expense snow and ice removal for exterior walkways and stairs; grass cutting and turf maintenance. Xxxxxx acknowledges the serious risk to the historic Mill and occupants from fire. Therefore, Xxxxxx agrees that fire safety and prevention shall always be a paramount concern in Xxxxxx’s maintenance, repairs, occupancy and use of the premises. Lessee shall comply with City ordinance and adopted Building and International Fire Code requirements, and directives by the Fire Commissioner, on fire safety and prevention measures, also including number and placement of emergency lighting facilities devices, the number, location and fixtures; all landscapingtimely replacement of fire extinguishers, parking lotsnumber and location of smoke detectors, fences required and signs located within regular maintenance of sprinkler systems and maximum occupancy limits. The Bethlehem Fire Inspection Department will perform yearly inspections to assure compliance. Non-compliance with City ordinance and Code requirements and directives by the Premises. (2) In the Fire Commissioner on fire safety and prevention measures shall be an event that Tenant fails to maintain the Premises in good order, condition and repair as required of default under this Lease. Portable generators, Landlord kerosene heaters, heating devices and fuel are prohibited for inside use and storage. Lessee shall give Tenant prior written notice keep the premises clean and free of accumulated trash. Lessee shall pay for trash receptacles and for hauling service supplied by City. Lessee shall make every effort to do such acts as are required to so maintain the Premisesreduce its solid waste stream through recycling practices. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but Lessee shall not be obligatedmake changes or improvements to grounds in Monocracy Park other the leased premises without prior authorization by the Director of Parks and Public Property. At the expiration of the term of this Lease and any extension thereof, to do such acts and expend such funds Lessee shall surrender the Leased Premises in as good condition as it was at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any commencement hereof, reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises wear and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building damages by the square footage elements excepted. Lessee’s obligations under this Article constitute part of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of its rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent obligations under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.

Appears in 1 contract

Samples: Sublease Agreement

Maintenance and Repairs. 6.1.1 The Tenant agrees at all times, from and after delivery of possession of the Premises to the Tenant, and at its own cost and expense to maintain, repair and/or replace in good and tenantable condition the Premises and every part thereof, excluding only the roof, exterior walls, structural parts of the Premises and structural floor. Tenant's obligation includes without limitation floor covering (1including carpeting, terrazzo or other special flooring), the utility meters, electrical wiring, plumbing pipes and conduits, all fixtures, air conditioning, heating, HVAC, sewage, and sprinkler systems, including equipment serving the Premises (operation and maintenance to be performed at least in accordance with manufacturer's specifications or other minimum operation and maintenance standards furnished to Tenant by Landlord) Except and other equipment therein, the ceiling, storefront or storefronts, all Tenant's signs, locks and closing devices, and all window sash, casement or frames, door and door frames, and all such items of maintenance, repair and/or replacement, improvement or reconstruction as may at any time or from time to time be required by a governmental agency having jurisdiction thereof. Tenant shall have all heating, air conditioning and HVAC systems regularly serviced and maintained pursuant to a service contract with a professional heating and air conditioning service firm, and both the contractor and the contract shall be approved in writing by Landlord. All glass, both exterior and interior, is at the sole risk of Tenant, and any glass broken shall be promptly replaced by Tenant with glass of equal or greater quality, all meeting applicable codes. As used in this Article the expression "exterior walls" shall not be deemed to include storefront or storefronts, plate glass, gates, window cases, or window frames, doors or door frames and their appurtenances even if located in or on such walls. It is understood and agreed that the Landlord shall be under no obligation to make any repairs, alterations, renewals, replacements or improvements to and upon the Premises or the mechanical equipment exclusively serving the Premises at any time. Tenant shall provide for matters specified pest extermination services at reasonable intervals. 6.1.2 The Tenant further covenants and agrees that if Tenant refuses or neglects to make repairs and/or maintain the Premises, or any part or component thereof, including the regular cleaning of windows and floor coverings and the regular servicing of air conditioning, heating and HVAC systems, in a manner reasonably satisfactory to Landlord, then Landlord may go upon the Premises and make any necessary repairs or maintenance to the Premises or any part or component thereof, and perform any work therein including that which may be necessary to comply with any laws, ordinances, rules or regulations of any public authority or of the State Surveying and Rating Bureau or of any similar body, or that the Landlord may deem necessary to prevent waste or deterioration in connection with the Premises if the Tenant does not make or cause such repairs to be made or performed or cause such work to be performed promptly after receipt of written demand from the Landlord. Nothing herein contained shall imply any duty on the part of the Landlord to do any work which under Paragraph 4 above any provision of this Lease the Tenant may be required to do, nor shall it constitute a waiver of Tenant's default in failing to do the same. No exercise by the Landlord of any rights herein reserved shall entitle the Tenant to any damage for any injury or inconvenience occasioned thereby nor to any abatement of rent. In the event Landlord makes or causes any such repairs to be made or performed, as provided herein, Tenant shall pay the cost thereof to Landlord, forthwith, as additional rent upon receipt of a xxxx therefor, and Paragraph 8A(3) below such cost shall include interest at the rate provided for on Past Due Obligations as being provided in Section 20.14 from the date of completion of the repairs or earlier payment by Landlord for services or costs associated therewith. 6.1.3 Tenant waives the provisions of any law permitting Tenant to make repairs at Landlord's obligationexpense so long as this waiver does not conflict with requirements of insurance. Tenant expressly agrees that the use of roof areas shall be limited to ingress for maintenance purposes only, and then only after the prior consent of Landlord, and that said roof areas shall not be used for storage, inventory and other similar uses. 6.1.4 Upon the expiration or earlier termination of this Lease, Tenant shall, at Tenant's sole cost and expense, maintain shall surrender the Premises in good order, broom-clean condition and repairotherwise in as good a condition as received, ordinary wear and tear and damage by fire and casualty fire, earthquake, act of God or the elements alone excepted, including: and shall promptly remove or cause to be removed at Tenant's expense from the interior surfaces of Premises and the ceilingsBuilding any signs, walls notices and floors; all doors and interior windows; furnishings installed within displays placed by Tenant. Tenant agrees to repair any damage to the Premises; all equipment installed Premises or the Building caused by or in connection with the removal of any articles of personal property, business or trade fixtures, machinery, equipment, cabinetwork, signs, furniture, moveable partitions or permanent improvements or additions, including without limitation thereto, repairing the floor and patching and painting the walls where required by Landlord to Landlord's reasonable satisfaction, all at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of sole cost and expense. Tenant shall fill, patch and otherwise repair any holes and other damage to the Premises store front as a result of performing removal of Tenant's signs and shall repaint such store front to match the then existing building paint. Tenant shall indemnify the Landlord against any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement loss or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made liability resulting from delay by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to so surrendering the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable lawsincluding without limitation, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly claims made by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes succeeding tenant founded on such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leasedelay.

Appears in 1 contract

Samples: Lease Agreement (ADVANCED MEDICAL ISOTOPE Corp)

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above The Premises and Paragraph 8A(3) below as being Landlord's obligation, Tenant shallevery part thereof shall be, at Tenant's sole cost and expensethe Commencement Date, maintain the Premises in good order, condition and repair. Landlord at its cost shall be responsible for the repair and replacement of all of the structural elements and exterior surfaces of the Premises including roof, roof membrane and roof covering, walls, concrete slab, footings, electrical and plumbing exterior to the building, heating, ventilating and air conditioning system at Landlord's sole expense as and when necessary. Tenant shall maintain the heating, ventilation and air conditioning and maintain, repair and replace interior walls, interior ceiling, painting, floor coverings, plate glass and doors at Tenant's sole expense. Tenant shall, at its own cost and expense, provide and maintain landscaping, if any, on the Premises. Tenant agrees to keep and maintain the Premises and the fixtures and equipment therein in first class, properly functioning, safe, orderly and sanitary condition, will suffer no waste or injury thereto, and will at the expiration or other termination of the Term of this Lease, surrender the same with all improvements in the same order and condition in which they were on the Commencement Date, or in such better condition as they may hereafter be put, ordinary wear and tear and casualty damage to the extent covered by fire and casualty insurance excepted. All alterations, including: decorations, additions or improvements in or to the interior surfaces Premises made by Tenant shall become the property of Landlord upon expiration of the ceilings, walls term and floors; all doors shall remain upon and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain be surrendered with the Premises as a part thereof without disturbance or injury, unless Landlord requires specific items thereof to be removed by Tenant at Tenant's sole expense, in good orderwhich event Tenant shall do so prior to the expiration of the term at its expense, condition and shall repair as required any damage caused thereby. Notwithstanding the foregoing, if Tenant is not in default in the performance of any of its obligations under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlordif any and all damage resulting therefrom be repaired, and diligently prosecute it to completionTenant shall post such security with respect thereto as Landlord may reasonably request, then Landlord Tenant shall have the rightright to remove, but shall not be obligatedduring the last 90 days of the term of this Lease, to do such acts and expend such funds all movable furniture, equipment, furnishings or trade fixtures installed in the Premises at the direct expense of Tenant as are reasonably required to perform such work. Landlord shall have Tenant, provided the same is completed with no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating damage to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Credit Store Inc)

Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above as provided in Section 9(b) below, Landlord shall maintain the Building, the Common Areas, the Building Systems and Paragraph 8A(3) below as being any other improvements owned by Landlord located on the Property in accordance with buildings of similar size, age and class in Southeastern Pennsylvania; provided, however, that if any such repairs result from the act, fault or negligence of Tenant (other than ordinary wear and tear), such repairs will be made by Landlord at Tenant’s expense. If Txxxxx becomes aware of any condition that is Landlord's obligation’s responsibility to repair, Tenant shallshall promptly notify Landlord of the condition. (b) Tenant will, at Tenant's its sole cost and expense, maintain the Premises and all of its fixtures, systems, equipment and improvements, in good orderclean, safe, orderly and sanitary condition free of accumulation of dirt and repairrubbish. Tenant will not permit or suffer any overloading of the floors of the Premises and will not do or suffer any waste or injury with respect thereto: In case of any destruction or damage of any kind whatsoever to the Premises, ordinary wear and tear and damage by fire and casualty exceptedor any part thereof, including: , without limitation, any glass and the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by Tenant property in or at the expense of Premises, Tenant shall repair said damage or destruction as speedily as possible, at Txxxxx’s own cost and expense. At Tenant; ’s sole cost and all plumbingexpense, heating, ventilatingLandlord will (a) repair HVAC, electrical or plumbing system(s) (“Tenant System”) which service the Demised Premises and which are specifically installed therein above the base building standard, and (b) furnish for Landlord’s installation, and pay Landlord for its installation of, bulbs, starters and ballasts for lighting facilities and fixtures; all landscaping. When used in this Section 9(b), parking lotsthe term “repair(s)” includes replacement(s), fences and signs located within the Premisesrestoration(s), addition(s), improvement(s), alteration(s) and/or renewal(s) when necessary. (2c) Notwithstanding anything to the contrary in this Lease, in the event of an emergency that constitutes an imminent danger to persons or property or materially interferes with Tenant’s business operations and which requires emergency repairs to the Premises or the Property which are Landlord’s responsibility under this Lease, Tenant shall, prior to making repairs, use diligent efforts to contact Landlord or any Building manager who Tenant has been notified to contact in the event of an emergency. In the event that Tenant is unable to contact Landlord or such Building manager or in the event Tenant is able to contact Landlord or such Building manager and Landlord fails to maintain commence such repairs within a reasonable time under the circumstances, Tenant shall have the right, but not the obligation, to take whatever action is reasonably necessary under the circumstances to repair any portion or component of the Premises or Property. Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in good orderthe Building, condition and repair as required all work done in accordance herewith must be performed at a reasonable and competitive cost and expense (taking into account the circumstances of the emergency). To the extent such work performed by Txxxxx is Lxxxxxxx’s responsibility under this Lease, Landlord shall give reimburse Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to within 30 days of receipt of a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leasereasonably documented invoice therefor.

Appears in 1 contract

Samples: Lease Agreement (Savara Inc)

Maintenance and Repairs. (1a) Except for matters specified Landlord shall Maintain, in a manner consistent with other similar properties owned and managed by Landlord, including replacements where required in like kind: (i) Building footings, foundations, structural steel columns and girders at Landlord’s sole expense; (ii) Building roof and exterior walls; (iii) Building Systems; and (iv) Common Areas. Costs incurred by Landlord under Paragraph 4 above the foregoing subsections (ii), (iii) and Paragraph 8A(3(iv) below as being will be included in Operating Expenses. Tenant, not Landlord's obligation, Tenant shall, at Tenant's sole cost shall maintain HVAC and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all other equipment installed by or at Tenant. If Tenant becomes aware of any condition that is Landlord’s responsibility to repair, Tenant shall promptly notify Landlord of the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premisescondition. (2b) In the event that Except as provided in subsection (a) above, Tenant fails to maintain at its sole expense shall Maintain the Premises and all fixtures and equipment in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In All repairs and replacements by Tenant shall utilize materials and equipment which are comparable to those originally used in constructing the event that Tenant fails to commence such work within 30 days after written demand by LandlordBuilding and Premises. Alterations, repairs and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement replacements to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvementProperty, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result made necessary because of Tenant's ’s Alterations or installations, any use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely or circumstances special or particular to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or its Agents shall be made by Landlord or Tenant as set forth above, but at the sole expense of Tenant. Notwithstanding anything to the contrary contained in this Lease, Tenant shall in no event be obligated to make or otherwise to pay the cost of any repairs or replacements which are required as the result of the negligence or willful misconduct of Landlord or its Agents, or the failure of Landlord to perform any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish its obligations under the provisions of this Lease, all of which repairs and replacements shall be made by Landlord at Landlord’s sole cost and expense.

Appears in 1 contract

Samples: Lease Agreement (Novavax Inc)

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's shall have the sole cost and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces responsibility of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within maintaining the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, 9.1 Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such workmake any repairs, alterations, additions or improvements to or upon said Premises, except as set forth in Section 9.4. Landlord Tenant shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of maintain in good working order the Premises and the roof exterior walls of the Building, landscaping on the Premises, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage interior areas of the Building by the square footage of including lobbies, stairs, windows, halls, corridors, restrooms, and provide exterior window washing at reasonable intervals, weather permitting. 9.2 Tenant shall repair and maintain in good working order all buildings benefitted by such improvementinterior walls, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do floor coverings, window moldings, base moldings, door moldings, doors and entrances, window fittings, window glass, interior paint and trim, signs, heating, ventilation and cooling systems, fixtures, lighting fixtures and bulbs and all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use other components of the Premises. Tenant shall provide janitorial services and restroom supplies for the Premises, telephone service, and any other service required by Tenant specifically for the Premises, at all Tenant's expense. 9.3 If tenant refuses or neglects to maintain and repair as required by this Lease and to the reasonable satisfaction of Landlord, then Landlord may, after written demand (but without obligation to do all acts required to comply with all applicable lawsso), ordinances, regulations accomplish the maintenance and rules of any public authority relating solely repair without liability for loss or damage which may accrue to Tenant's use property, and Tenant shall promptly pay Landlord's costs for the maintenance and repair, plus 10% of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceedscosts for overhead, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion plus interest on 110% of the Premises unusable for more than three consecutive business dayscosts at the rate of 12% per annum from the date of completion until paid, then Tenant all of which shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of constitute additional rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.

Appears in 1 contract

Samples: Lease Assignment and Assumption (Imagex Com Inc)

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, 3.1 The Tenant shall, at Tenant's sole cost and expense, maintain must keep the Premises in good orderthe same condition as at the Commencement Date, condition and repair, ordinary fair wear and tear and damage by fire and casualty excepted, including: and properly maintained and will comply with the interior surfaces requirements of any act or notice affecting the Premises including but not limited to the Public Health and Xxxxxxxxx Xxx 0000, where the requirements of such act or the issuing of such notice relates to the Permitted Use, save that the Tenant will not be obliged to repair damage caused by risks against which Council has insured unless the insurance has been invalidated by the acts or omissions of the ceilingsTenant or the Tenant's employees, walls and floors; all doors and interior windows; furnishings installed within agents or contractors. For the Premises; all equipment installed by avoidance of doubt, Council will have no obligation whatsoever in relation to the repair maintenance or at the expense replacement of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In 3.2 Without limiting the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use obligations under Clause 3.1 and item 21 of Schedule 1 the Premises as a result of performing any such work.Tenant will: (3) Landlord will maintain, repair and replace all structural components of 3.2.1 keep the Premises and the roof Common Property free of rubbish and keep all waste in proper receptacles and arrange for its regular removal; 3.2.2 promptly give notice in writing to Council of any damage to or defect in the Premises or any of its services and of the Buildingservice by any authority of any notice or order affecting the Premises; 3.2.3 promptly give written notice to Council of any hazards affecting the Premises or giving rise to any potential liability under the Wrongs Xxx 0000 after the Tenant becomes aware of them; 3.2.4 immediately make good any damage caused to adjoining premises or land by acts or omissions of the Tenants or the Tenant's employee’s agents, and if a repairlicensees, replacement contractors or alteration invitees or other change would be considered a capital improvement claiming through or replacement under the Tenant; 3.2.5 permit Council and its workmen if necessary to enter the Premises during normal business hours upon reasonable notice and in cases of emergency at any time to: (a) inspect the Premises; (b) carry out any repair or alteration; or (c) comply with any notice or order of any competent authority. 3.2.6 carry out repairs to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost within fourteen (14) days after being served with a written notice of any such capital improvement shall be amortized over defect or lack of repair for which the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing is responsible. If the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required fails to comply with the notice Council may carry out the repairs at the Tenant's cost; 3.2.7 take all applicable laws, ordinances, regulations precautions required by law against fire; 3.2.8 comply with the reasonable requirements of Council or its insurer and rules with the recommendations of the Insurance Council of Australia concerning prevention of fire; 3.2.9 upon vacating the Premises remove the Tenant's signs or advertisements and make good any damage caused by removal; 3.2.10 take reasonable precautions to secure the Premises and any contents from theft keep all openings fastened when the Premises are not in use and comply with Council's directions for the use and return of keys; 3.2.11 maintain with a reputable insurer in the joint names of the parties the following insurances: (a) a public authority relating to risk policy for the Premises, except to Premises for any single accident or event for the extent that amount specified in item 16 of Schedule 1 and the foregoing are solely a result policy must note Council’s interest and indemnify Council and the Tenant against claims arising from the use by the Tenant its invitee’s agents contractors or licensees of the Premises or the building; 3.2.12 reimburse Council for any extra insurance premiums resulting from the Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations ; and 3.2.13 keep and rules of any public authority relating solely to Tenant's use of maintain the Premises. If a repair is required as a result of Tenant's negligence gardens and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion grounds of the Premises unusable for more than three consecutive business daysand the Common Property in good order and condition. 3.3 The parties, then Tenant shall be entitled in addition to an abatement of rent commencing their respective obligations to maintain and repair as set out in this lease, will comply with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair further obligations contained in question is one which Tenant is obligated to furnish under the provisions of this LeaseSchedule 4.

Appears in 1 contract

Samples: Deed of Lease

Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above Landlord agrees to maintain the Building and Paragraph 8A(3Building Complex in a first class condition consistent with the standards therefor set by similar type buildings located in the same general area as the Building. Landlord shall make all necessary repairs and replacements to the non-leasable areas of the Building, to the heating, air conditioning and electrical systems located in the Building, and to the common areas, including parking areas, and Landlord shall also make all repairs to the Premises which are structural in nature; provided, however, that Tenant shall make all repairs and replacements arising from its act, neglect or default and that of its agents, servants and employees. In the event that the Landlord shall deem it necessary, or be required by any governmental authority to repair, alter, remove, reconstruct or improve any part of the Premises or of the Building (unless the same result from Tenant's act, neglect, default or mode of operation in which event Tenant shall make all such repairs, alterations and improvements), then the same shall be made by Landlord with reasonable dispatch, and should the making of such repairs, alterations or improvements cause any interference with Tenant's use Tenant: ______ of the Premises, such interference shall not relieve Tenant from the performance of its obligations hereunder. (b) below as being Landlord's obligation, Tenant shallTenant, at Tenant's sole cost and expense, except for services furnished by Landlord pursuant to Paragraph 7 hereof, shall maintain the Premises in good order, condition and repair, ordinary reasonable wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbingto the extent such items exceed Building standards, heating, ventilatingplumbing pipes, electrical wiring, switches, fixtures and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within other special items subject to the Premises. (2) provisions of Paragraph 15. In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Leaserepair, Landlord shall give Tenant prior detailed written notice to do such acts as are reasonably required to so maintain the Premises. In the event that Tenant fails to promptly commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligatedrequired, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's the use of the Premises by Tenant as a result of performing any such work, other than liability for the gross negligence and wilful misconduct of Landlord, its agents or employees. (3c) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall each do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required their respective maintenance obligations as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leaseset forth herein.

Appears in 1 contract

Samples: Office Building Lease (Michigan Heritage Bancorp Inc)

Maintenance and Repairs. Lessor shall keep in good repair and ----------------------- condition the foundation, the roof, the four outer walls and all structural components of the building (1excluding windows and doors a part of the Premises) Except for matters specified under Paragraph 4 above and Paragraph 8A(3the Common Areas, but Lessor shall not be called upon to make any repairs occasioned by the act or omission of the Lessee, its officers, agents, servants, guests, or invites. Lessee shall not make any alterations in or to the Premises without Lessor's prior written consent, which consent shall not be unreasonably withheld. (A) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost Lessee shall keep and expense, maintain (including applicable replacement when necessary) the interior of the Premises in good order, condition and repair, ordinary wear including but not limited to: (i) interior heating, ventilation and tear any air conditioning system and damage any exterior portions thereof, (ii) electrical system within the Premises and any exterior portion thereof to the box connecting with The Illuminating Co. transmission lines, (iii) plumbing system within the Premises both sewer and water lines, as well as the water meter serving the Premises wherever located, (iv) alterations, decorations and improvements (whether or not constituting a part of the Premises) installed by fire Lessee, and (v) the exterior doors and casualty exceptedwindows and doors and window frames, including: which for purposes hereof shall be construed as a part of the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2B) In Lessor shall remove all snow and ice and Lessee to remove assorted debris and trash from sidewalks contiguous to the event that Tenant fails to Premises and shall maintain the same unobstructed. (C) Lessee shall deliver up and surrender to Lessor possession of the Premises upon the termination of this Lease broom clean and in as good order, condition and repair as the same shall be on the commencement date (loss by fire or other casualty covered by insurance carried by Lessor and ordinary wear and decay only excepted) and deliver the keys at the office of Lessor's agent. If, after the notice from Lessor, Lessee fails or refuses to make any repairs or provide any maintenance required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completionLessee hereunder, then Landlord shall have the rightLessor may, but shall not be obligatedobligated to, make or cause such repairs to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant or maintenance provided, the Lessee agrees that it will, in such event, pay the full cost thereof to Lessor upon demand, as set forth in Paragraph 4 above. Landlord shall do all acts required to comply additional rental hereunder, with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leaseremedies attendant thereon.

Appears in 1 contract

Samples: Lease Agreement (Ourpets Co)

Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above From and Paragraph 8A(3) below as being Landlord's obligationafter the Delivery Date, Tenant shallshall (or shall cause the City to), at Tenant's sole cost with respect to the Premises, (i) keep and expense, maintain the Premises in good order, working order and condition and repairin compliance with all applicable Legal Requirements (including the ADA and Environmental Laws and any Laws applicable to or requiring the maintenance and/or preservation of, ordinary wear any Building façade) (A) the Building, including foundation, exterior walls, structure, windows, window casements, doors and tear utility service lines, roof, roof membrane, (B) all Building Systems, and damage by fire and casualty excepted, including: the interior surfaces (C) all exterior areas of the ceilingsPremises, walls and floors; all doors and interior windows; furnishings installed within including the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences loading docks, parking lot lighting, landscaping and signs located within the Premises. (2) In the event that fencing. If Tenant fails shall default in its obligation to keep and maintain in good working order and condition the Premises in good order, condition and repair as required under by this Master Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the rightright (but not the obligation) to perform same (after, but except in the case of an emergency, providing Tenant with a minimum of fifteen (15) business days’ advance notice prior to the commencement of the work), and thereafter within thirty (30) days after delivery of the applicable invoice to Tenant, Tenant shall not be obligatedpay to Landlord the amount set forth in the invoice unless disputed by Tenant, to do such acts and expend such funds with interest thereon from the date expended until the date paid at the expense of Tenant as Interest Rate. If after the Delivery Date, any repairs or maintenance are reasonably required to perform the exterior, the 12th Floor, and/or lobby entrance of the Office Building (collectively, the “HTC Areas”), Tenant shall cause such work. repair or maintenance to be made or performed and Landlord and its consultants shall have no liability the right to Tenant review, inspect and approve the plans for any reasonable damage, inconvenience or interference with Tenant's use and the performance of the Premises as a result of performing any such workwork and the support documentation for the costs thereof. (3b) Landlord will maintainFrom and after the Delivery Date, repair all repairs, maintenance and replace all structural components of the Premises and the roof of replacements to (i) the Building, including, without limitation, any parking lots, loading docks, parking lot lighting, sidewalks, fencing and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licenseeslandscaping, (ii) where Tenant makes a decorationthe Office Premises (interior and exterior, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.structural and

Appears in 1 contract

Samples: Master Tenant Lease Agreement

Maintenance and Repairs. (1) Except for matters specified customary cleaning and trash removal provided by Landlord under Paragraph 4 above Article 8, and Paragraph 8A(3) below as being Landlord's obligationdamage covered under Article 13, Tenant shall, at Tenant's sole cost and expense, maintain shall keep the interior of the Premises in good orderand sanitary condition, condition working order and repairrepair (including without limitation, ordinary wear carpet, wall-covering, doors, plumbing and tear other fixtures, equipment, alterations and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment improvements whether installed by Landlord or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises). In the event that any repairs, maintenance or replacements are required, Tenant fails shall promptly arrange for the same, in a first class, workmanlike manner approved by Landlord in advance in writing, either through Landlord for such reasonable charges as Landlord may from time to commence time establish, or such work within 30 days contractors as Landlord generally uses at the Property, or such other contractors as Landlord shall first approve in writing. If Tenant does not promptly make such arrangements, Landlord may, but need not, make such repairs, maintenance and/or replacements, and the costs paid or incurred by Landlord therefor shall be reimbursed by Tenant promptly after written demand request by Landlord, . Tenant shall indemnify Landlord and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant pay for any reasonable damagerepairs, inconvenience or interference with Tenant's use maintenance and replacements to areas of the Premises Property outside the Premises, caused in whole or in part, as a result of performing moving any such work. (3) Landlord will maintainfurniture, repair and replace all structural components of the Premises and the roof of the Buildingfixtures, and if a repair, replacement or alteration or other change would be considered a capital improvement property to or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to from the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered or by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, its employees, agents, contractors, or visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusabilitynotwithstanding anything to the contrary contained in this Lease). Except as provided in this Article, or for damage covered under Article 13, Landlord shall keep the common areas of the Property in good and sanitary condition, working order and repair (iii) where the repair cost of which shall be included in question is one which Tenant is obligated to furnish under the provisions of this LeaseOperating Expenses).

Appears in 1 contract

Samples: Consent to Sublease (At Plan Inc)

Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, during the Term, keep in good order, condition and repair, the Premises, (including the Improvements and any and all alterations and additions made by Tenant pursuant to the provisions hereof), structural or non-structural, and all adjacent sidewalks, landscaping, driveways, parking lots, fences and signs located in the areas which are adjacent to or included with the Premises. Landlord shall incur no expense nor have any obligation of any kind whatsoever in connection with maintenance of the Premises, and Tenant expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Tenant the right to make repairs at TenantLandlord's sole cost and expense, maintain failure to keep the Premises in good order, condition and repair. (b) On the last day of the Term, or on any sooner termination of this Lease, Tenant shall surrender the Premises to Landlord in the same condition as when received, broom clean, ordinary wear and tear and alone excepted. Tenant shall repair any damage to the Premises occasioned by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense removal of Tenant; 's alterations and all plumbingimprovements (including, heatingwithout limitation, ventilatingits trade fixtures, electrical furnishings and lighting facilities equipment) which repair shall include, without limitation, the patching and fixtures; all landscaping, parking lots, fences filling of holes and signs located within the Premisesrepair of structural damage. (2c) In the event that If Tenant fails to maintain perform Tenant's obligations under this paragraph, Landlord may at its option enter upon the Premises after ten (10) days prior written notice to Lessee, and put the same in good order, condition and repair repair, and the cost thereof together with interest thereon at the rate of ten percent (10%) per annum shall become due and payable as required under this Lease, additional rental to landlord together with Tenant's next monthly Rent payment. Nothing herein shall imply any duty upon the part of Landlord to do any such work and the performance thereof by Landlord shall give Tenant prior written notice not constitute a waiver of Tenant's default in failing to do perform the same. Landlord may, during the progress of any such acts as are required to so maintain work in or on the Premises, keep and store therein all necessary materials, tools, supplies and equipment. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligatedliable for the inconvenience, to do such acts and expend such funds at the expense annoyance, disturbance, loss of business or other damage of Tenant as are reasonably required to perform by reason of making such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience repairs or interference with Tenant's use the performance of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components or on account of bringing materials, tools, supplies or equipment into or through the Premises during the course thereof and the roof obligations of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises Tenant under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leaseaffected thereby.

Appears in 1 contract

Samples: Sublease Agreement (Sycamore Park Convalescent Hospital)

Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant otherwise provided in this Lease. Lessee shall, at Tenant's sole cost and all tips during the term, at its own expense, put and maintain in thorough repair and in the Premises same or better condition than when received and in good order, condition and repaira safe condition, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces premises and its fixtures and equipment and appurtenances whether or not necessitated by wear, trar, obsolescence or defects, latent or otherwise_ Except as otherwise expressly provided on this Lease. Lessee shall replace at its sole cost, any pan of the ceilings, walls building requiring replacement. Lessee shall be responsible for repair and floors; all doors replacement of any glass brealatge. Lessee shall be responsible for maintaining one half of the landscaped area and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; keeping in proper repair all landscaping, parking lotsgrounds, fences sprinkler system, and signs located within the Premisespaving. Lessee responsible for all snow removal in there leased Area. (2b) In Lessee shall not accumulate nor permit the event accumulation of dirt, materials or substances that Tenant fails to maintain would render the Premises premises unsanitary, unhealthy, unsightly or dangerous. Lessee shall be responsible for janitorial services for the premises. (c) On default of the Lessee in good ordermaking such maintenance, condition and repair repairs or replacements as required under this Leaseherein, Landlord shall give Tenant prior written and after thirty (30) days notice to do such acts as are required to so maintain Lessee (except in the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord case of emergency no notice shall have the rightbe necessary) Lessor may, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform make such work. Landlord maintenance, repairs and replacements for Lessee's account, and the reasonable expense thereof shall have no liability to Tenant for any reasonable damageconstitute and be collectable as additional rent, inconvenience or interference with Tenant's use due and payable on the first day of the Premises as a result of performing any such workmonth next following the month in which the work is performed. (3d) Landlord will maintainIt is expressly understood and agreed that all improvements and additions to the premises other than Lessee's trade fixtures and personal properly, repair and replace all structural components shall become the property of the Premises and Lessor at the roof termination of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other changethis lease. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant Except as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything otherwise provided in this Lease to Lease, at the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions termination of this Lease., the premises will be left in good condition, subject to reasonable wear and tear

Appears in 1 contract

Samples: Lease Agreement (nCoat, Inc.)

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at shall repair any damage to the premises caused by the Tenant or by any of Tenant's sole cost employees, agents, customers, invitees or licensees, other than from ordinary wear and expense, tear. Tenant shall maintain the Premises interior of the premises and all doors, windows, heating, cooling, plumbing, alarm systems, sewer and mechanical equipment and plate glass. Tenant shall maintain a maintenance agreement for the mechanical HVAC equipment, Landlord to pay for all major HVAC replacement. Tenant is responsible for changing air conditioning and heat filters. Tenant is responsible for all plumbing within the leased premises. Tenant shall be responsible for clogged lines due to all matters other than stoppage by roots or collapse of lines due to age or deterioration of line. Landlord agrees, whenever possible, to extend to Tenant the benefit of any enforceable manufacturers' warranties on such equipment. If Tenant refuses or neglects to make repairs and/or refuses to maintain the premises or any part thereof in good ordera manner reasonably satisfactory to Landlord, Landlord shall have the right, upon giving Tenant reasonable written notice of his election to do so, to make such repairs or perform such maintenance on behalf of and for the account of the Tenant. In such event, such work shall be paid for by Tenant promptly upon receipt of a xxxx therefor. Landlord shall not in any way be liable to tenant for failure to make repairs as herein specifically require unless Tenant has previously notified Landlord in writing of the need for such repairs and Landlord has failed to commence and complete said repairs within a reasonable period of time following receipt of such notification. Tenant is to maintain the leased property in a clean and healthy condition and good and substantial repair, ordinary wear and tear excepted and damage by fire and casualty excepted, including: shall be responsible for all glass breakage in the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by windows or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such workdoors. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such workprovide lawn and shrubbery maintenance. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.

Appears in 1 contract

Samples: Lease Agreement

Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole its own cost and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair and replace as required under this Leasenecessary the interior of the Demised Premises, Landlord shall give Tenant prior written notice including but not limited to do such acts as the heating, air conditioning and ventilation systems, glass, windows and doors, sprinkler, all plumbing and sewage systems (excluding any pipes or lines located beneath the floor slab which are required to so maintain used in common with other tenants of the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by LandlordBuilding), fixtures, interior walls, floors (including floor slabs), dock areas, dock ramps, ceilings, storefronts, plate glass, skylights, all electrical facilities and equipment including, without limitation, lighting fixtures, lamps, fans and any exhaust equipment and systems, electrical motors, and diligently prosecute it all other appliances and equipment (including, without limitation, dock levelers, dock shelters, dock seals and dock lighting) of every kind and nature located in, upon or about the Demised Premises, except as to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintainmaintenance, repair and replace all structural components replacement as is the obligation of Landlord pursuant to Section 10(b). During the Term, Tenant shall either (i) maintain qualified staff reasonably acceptable to Landlord to perform maintenance of the Premises heating, ventilation and air conditioning systems, as reasonably evidenced to Landlord from time to time upon Landlord’s request, or (ii) maintain in full force and effect a service contract for the roof maintenance of the Buildingheating, ventilation and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement air conditioning systems with an entity reasonably acceptable to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that during the one year period following the Lease Commencement Date, such service contract shall be maintained with the contractor that installed the heating, ventilation and air conditioning systems and shall provide for at least two preventive maintenance service calls during such one year period. If Tenant is required to or elects to maintain the service contracts in accordance with part (ii) of the foregoing sentence, Tenant shall deliver to Landlord (x) a copy of said service contract prior to the Lease Commencement Date, and (y) thereafter, a copy of a renewal or substitute service contract within thirty (30) days prior to the expiration of the existing service contract. Tenant’s obligation shall exclude any maintenance, repair and replacement required because of the act, gross negligence or willful misconduct of Landlord, its employees, contractors or agents, which shall be the responsibility of Landlord. (b) Landlord shall, at its own cost and expense, maintain in good condition and repair the foundation (beneath the floor slab), structural frame, external walls (exclusive of painting and caulking of the Building, the cost of which will be included in Operating Expenses) and roof of the Building (but any patches to the roof membrane not covered by warranty will be entitled included in Operating Expenses). Landlord shall also be responsible for any repairs to the floor slab (but not the maintenance thereof) required because of latent defects in the floor slab, defects resulting from inferior workmanship in the construction of the floor slab, or defects resulting from a pro rata abatement failure to construct the floor slab in accordance with the applicable plans and specifications therefor or the laws and regulations applicable thereto. Landlord’s obligation shall exclude the cost of rent under any maintenance or repair required because of the foregoing due to unusability (i) caused directly gross negligence, improper use or indirectly by any act or omission willful misconduct of Tenant or any of Tenant's servants’s subsidiaries or affiliates, employees, or any of Tenant’s or such subsidiaries’ or affiliates’ agents, contractors, visitors employees, licensees or licenseesinvitees (collectively, (ii“Tenant’s Affiliates”), the cost of which shall be the responsibility of Tenant. Landlord shall never have any obligation to repair, maintain or replace, pursuant to this subsection 10(b) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions any other provision of this Lease, any Tenant’s Change (as defined in Section 18 hereof). In addition to the foregoing, Landlord will maintain the fire pump and sprinklers and perform inspections and testing in accordance with the guidelines outlined in NFPA No. 25 “Inspection of Water Based Fire Suppression Systems.” (c) Unless the same is caused solely by the negligent action or inaction of Landlord, its employees or agents, and is not covered by the insurance required to be carried by Tenant pursuant to the terms of this Lease, Landlord shall not be liable to Tenant or to any other person for any damage occasioned by failure in any utility system or by the bursting or leaking of any vessel or pipe in or about the Demised Premises, or for any damage occasioned by water coming into the Demised Premises or arising from the acts or neglects of occupants of adjacent property or the public.

Appears in 1 contract

Samples: Industrial Lease Agreement (Scansource Inc)

Maintenance and Repairs. (1a) Landlord shall be responsible for keeping the foundation, subfloor, exterior walls (excluding plate glass or other breakable materials used in structural portions) and the roof of the building not the rear storage building which the Demised Premises are located in good repair, provided, however, that Landlord shall not be required to make any such repairs which become necessary or desirable by reason of any willful or negligent act of the Tenant, its agents, employees, guests, licensees or invitees. Provided, further, however, that the costs of all such repairs shall be deemed part of the Building Area Maintenance and Tenant shall pay the Tenant's Share thereof in accordance with Section 8 hereof. In the event that the Demised Premises should be in need of repairs required to be made by the Landlord hereunder, Tenant shall give immediate written notice thereof to Landlord and Landlord shall not be responsible in any way for the failure to make any such repairs until a reasonable time shall have elapsed after delivery of such written notice. (b) Except for matters specified under Paragraph 4 above as provided above, Landlord shall not be obligated to make any repairs of any kind upon the Demised Premises or with respect to any equipment, facilities or fixtures contained therein, and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, shall at Tenant's sole cost and expense, maintain all times keep the Demised Premises in good order, condition and repaircondition, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Leaseand in a clean, Landlord sanitary and safe condition. Tenant shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, ordinances and regulations and rules of any public governmental authority relating having jurisdiction. Tenant shall permit no waste, damage or injury to the Demised Premises. (c) If any repairs are required to be made by the Tenant hereunder and Tenant refuses or neglects to commence repairs within ten (10) days after written demand, or fails adequately to complete such repairs within a reasonable time thereafter, Landlord may make such repairs without liability to the Tenant for any loss or damage that may occur to Tenant's goods or business by reason thereof and if Landlord makes such repairs, Tenant shall pay Landlord on demand, as additional rent hereunder, the cost thereof with interest thereon at the rate of 15% per annum from the date of payment by Landlord until paid by Tenant. (d) Tenant shall, prior to taking occupancy hereunder, deliver to Landlord a true copy of a contract obtained by the Tenant for the maintenance of the heating, ventilating and air conditioning equipment in the Demised Premises, except pursuant to which contract a party satisfactory to Landlord shall be obligated to perform preventive maintenance on said equipment not less frequently than quarterly through the extent entire time of this Lease. It is expressly understood and agreed by Tenant that Tenant shall at all times during the foregoing are solely a result Lease Term be responsible for and bear the entire cost of Tenant's use maintenance, replacement and repair of the heating, ventilating and air conditioning equipment serving the Demised Premises. Tenant shall do shall, upon demand of Landlord, deliver to Landlord evidence that such contract remains in full force and effect and all acts amounts required to comply with be paid thereunder by Tenant have been so paid. Landlord shall, and does hereby, assign to Tenant all applicable lawsright, ordinances, regulations title and rules interest of Landlord in and to any warranty provided by the manufacturer or seller of any public authority relating solely of said equipment. If Tenant shall fail to Tenant's use so maintain and repair said heating, ventilating and air conditioning equipment, then Landlord, at its option, may cause this to be done for Tenant and Tenant hereby agrees to pay the expense thereof on demand as additional rent hereunder. (e) Tenant shall promptly at its own cost and expense replace with glass of the same quality any cracked or broken glass, including plate glass, or other glass or breakable material used in structural portions of the Demised Premises and any interior and exterior windows and doors in the Demised Premises. If . (f) Tenant shall procure and maintain during the Lease Term a repair is required policy or policies of insurance in companies acceptable to Landlord insuring Landlord and Tenant, as a result their interests may appear, against breakage of Tenant's negligence all such glass and breakable materials in the Demised Premises and shall deposit such repair cost is not covered by insurance proceedspolicies or certificates evidencing their existence, Tenant will pay for together with evidence of the cost payment of such repair. Notwithstanding anything in this Lease the premiums thereon, with Landlord on the Commencement Date and renewals thereof at least thirty (30) days prior to the contraryexpiration of each such policy. Should Tenant fail to provide and maintain any such insurance, Landlord may, at its option, obtain such insurance and keep the same in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then force and Tenant shall be entitled pay Landlord on demand from time to an abatement of time the premium cost thereof as additional rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leasehereunder.

Appears in 1 contract

Samples: Lease Agreement

Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 Notwithstanding any other provisions of this Lease, Landlord shall repair and maintain the structural portions of the Buildings, including the elevators, plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of Tenant, its agents, servants, employees, licensees or invitees, in which case Tenant shall pay to Landlord, on demand, the cost of such maintenance and repairs less the amount of any Insurance proceeds received by Landlord on account thereof, if applicable. Landlord shall also maintain and keep in good order and repair the Building exterior and roof; all exterior doors, including any exterior plate glass within the Building; the Building ventilating systems; and public portions of the Building or Building Complex, including but not limited to the parking areas (including maintaining parking space line striping on an ongoing basis as necessary) landscaping and interior portions of the Building above and Paragraph 8A(3below grade which are not covered by leases and are otherwise under the control of Landlord. (b) below as being Landlord's obligation, Tenant shallTenant, at Tenant's ’s sole cost and expense, except for services furnished by Landlord pursuant to Section 5 hereof, shall maintain, in good order, condition and repair, the Premises in their condition as of date or dates of Tenant’s actual possession of the Premises including, without limitation, the interior surfaces of the ceiling (if damaged or discolored due in whole or in part to the act, neglect, omission or fault of Tenant), walls and floors, subject to the provisions of Section 12 hereof. In the event Tenant fails to so maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are reasonably required to so maintain the Premises. In the event that Tenant fails to promptly commence such work within 30 days after written demand by Landlord, and diligently prosecute pursue it to completion, then Landlord shall have the right, but shall not be obligatedrequired, to do such acts and expend such funds at the expense of the Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's the use of the Premises by Tenant as a result of performing any such work. (3c) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations regulations, rules and rules orders of any public authority relating solely directly to Tenant's use ’s operations. (d) Whenever a special HVAC System is installed in all or part of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant shall enter into a regularly scheduled preventative maintenance and service contract, at Tenant’s sole cost and expense, with an experienced maintenance and service contractor for servicing all such heating, air conditioning and ventilation systems and equipment, and shall provide Landlord with a copy of the same. The contractor and contract are both subject to Landlord’s prior approval, which approval will pay for not be unreasonably withheld or delayed. Such contract shall include, at a minimum, all services recommended by the cost equipment manufacturer and must be effective within thirty (30) days of such repairthe Commencement Date hereof. Notwithstanding anything in this Lease Landlord shall retain all manufacturers’ warranty information, if any, and will cooperate with the Tenant to the contrary, in the event that the need for extent warranty repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leaserequired.

Appears in 1 contract

Samples: Lease Agreement (Zynex Inc)

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant A. Lessee shall, at TenantLessee's sole cost and expense, maintain keep, maintain, and repair the Premises Property in good orderfirst class condition (except as hereinafter provided with respect to Lessor's obligation) including without limitation, condition the maintenance and repairrepair of walls (interior and exterior) ceiling, ordinary wear floor coverings, doors, window casements, glazing, any heating and tear and damage by fire and casualty exceptedair-conditioning system, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilatingpipes, electrical wiring and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusableconduits; provided, however, that Tenant Lessee shall not be entitled required to a pro rata abatement repair or maintain plumbing, pipes, electrical wiring, or conduits which are not within the Property unless such repair or maintenance is necessitated by the neglect or intentional misconduct of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant Lessee or any of TenantLessee's servantsagents, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusabilitycustomers, or invitees, in which case, Lessee shall be liable for maintenance and repair of facilities outside of the Property necessitated by such neglect, as used herein. X. Xxxxxx shall, at its sole cost and expense, keep and maintain in good repair the foundation and roof of the Property provided, however, that anything to the contrary notwithstanding contained in this Agreement, the Lessor shall not be required to make any repairs to the foundation or roof unless and until Lessee has notified Lessor in writing of the need for such repairs and Lessor shall have had a reasonable period of time thereafter within which to commence and complete said repairs. Lessor has no obligations to repair, replace, or maintain the Additional Property. Lessor agrees to use due diligence in the making of said repairs upon receipt of Lessee's notice with regards thereto. If the Property or any portion thereof is rendered untenantable and is not used by Lessee for a period of five (iii5) where consecutive business days (the “Interruption Period”) as a result of Lessor's election or obligation to make repairs, or as a result of any failure or repair for which Lessor is responsible so as to materially impair Lessee's normal business operations at the Property, the monthly rent shall be abated after the expiration of the Interruption Period for that portion of the Property, if applicable, rendered untenantable and not used by Lessee in question is one which Tenant is obligated the proportion that the gross square footage of the units rendered untenantable and not used by Lessee bears to furnish under the provisions total square footage of this Leaseall units comprising the Building.

Appears in 1 contract

Samples: Lease Agreement

Maintenance and Repairs. (a) Subject to the terms hereof, Landlord shall promptly make all repairs and replacements necessary to maintain or promptly restore (i) all Building systems including the plumbing, heating, ventilating, air conditioning and electrical systems (except light fixtures); (ii) roof, interior and exterior walls, windows, floors (except carpeting) and all other structural portions of the Building (whether or not including the Premises), in good repair and operating condition and in order and appearance appropriate for a building of similar type. Landlord shall also be responsible for the maintenance and repair of all Common Areas. In no event shall Landlord be obligated under this paragraph to repair any damage caused by (1) Except for matters specified under Paragraph 4 above any act, omission, accident or negligence of Tenant or its employees, agents, invitees, licensees, subtenants, or contractors and Paragraph 8A(3(2) below as being any alterations or additions to the Premises or the Building made by Tenant without the prior written consent of Landlord (which consent shall be deemed given with respect to all of the initial Tenant Finish Work and any subsequent alterations and additions to the Premises or the Building that are structural in nature or affect the Building systems if such alterations and additions are shown on plans and specifications delivered to Landlord by Tenant and approved by Landlord in conformity with the requirements of Section 9 hereof). (b) In addition to Landlord's obligationmaintenance and repair obligations under paragraph (a) above, Tenant shall, at Tenant's its sole cost and expense, maintain (i) provide customary routine maintenance for the Premises and the fixtures therein and keep them in good orderneat and orderly condition, condition and repair, ordinary wear and tear and damage by fire and or other casualty excepted, including: and (ii) repair and replace the interior surfaces HEPA ceiling filters and keep them in good condition, reasonable wear and tear and damage by fire or other casualty excepted, and (iii) provide customary routine maintenance of the ceilingsChiller System to maintain them in good condition, walls including quarterly maintenance inspections by a reputable maintenance contractor, reasonable wear and floors; all doors tear, damage by casualty and interior windows; furnishings installed within non-routine repairs and replacements by Landlord excepted. In addition, Tenant shall promptly notify Landlord of any material defect or breakdown in the Premises; all equipment installed by Chiller System of which it has actual knowledge, and provide Landlord copies of the quarterly inspection reports promptly upon receipt. If Tenant refuses or neglects to provide such maintenance, or fails to diligently prosecute the same to completion, after notice from Landlord of the need therefor, Landlord may make such repairs at the expense of Tenant; , and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premisessuch expense shall be collectible on demand as Additional Rent. (2c) Landlord shall not be liable for any interference with Tenant's business arising from the making of any repairs in the Premises under paragraph (a) above. Landlord shall use its best efforts not to interfere with the operation of Tenant's business when making repairs in the Premises. Upon Tenant's specific request from time to time, unless required by emergency, any repair work that would substantially interfere with the conduct of Tenant's business shall be done after 5:00 p.m. There shall be no abatement of Base Rent or Additional Rent because of such repairs. (d) In the event that Tenant Landlord fails to maintain the Premises in good order, condition and perform a repair as required under this LeaseSection, Tenant shall notify Landlord shall give Tenant prior written notice of Landlord's failure to do such acts as are repair, including a description of the nature of the required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such workrepair. Landlord shall have no liability perform the repair within ten (10) days (or if such repair cannot be performed within ten (10) days, such longer period reasonably necessary to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of perform the Premises as a result of performing any such work. (3repair) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result after receipt of Tenant's use of notice. If Landlord fails to perform the Premises. repair within such period, Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result notify Landlord of Tenant's negligence intent to fulfill Landlord's obligation to repair and such repair cost is not covered by insurance proceeds, Tenant will pay for to deduct from Tenant's succeeding installments of Base Rent the cost actual expense of such repair. Notwithstanding anything If Landlord then fails to perform the repair and if Landlord fails to reasonably and in this Lease good faith dispute such failure to the contraryrepair by written notice to Tenant, in the event that the need for repairs within ten (10) days after receipt of such notice from Tenant, Tenant may perform or the making of repairs (or both) which Landlord is obligated cause to effect at be performed Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, obligation to repair and may then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of without further action being required deduct from Tenant's servants, employees, agents, contractors, visitors succeeding installments of Base Rent payable to Landlord hereunder the reasonable costs and expenses paid by Tenant in performing or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes causing to be performed such unusability, or (iii) where the repair in question is one which Tenant is obligated obligation to furnish under the provisions of this Leaserepair.

Appears in 1 contract

Samples: Office Lease (Quantum Epitaxial Designs Inc)

Maintenance and Repairs. (1) Except for matters specified customary cleaning and trash removal provided by Landlord under Paragraph 4 above Article 8, and Paragraph 8A(3) below as being Landlord's obligationdamage covered under Article 13, Tenant shall, at Tenant's sole cost and expense, maintain shall keep the Premises in good orderand sanitary condition, condition working order and repairrepair (including without limitation, ordinary wear carpet, wall-covering, doors, plumbing and tear other fixtures, equipment, alterations and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment improvements whether installed by Landlord or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises). In the event that any repairs, maintenance or replacements are required, Tenant fails shall promptly arrange for the same, in a first class, workmanlike manner approved by Landlord in advance in writing, either through Landlord for such reasonable charges as Landlord may from time to commence time establish, or such work within 30 days contractors as Landlord generally uses at the Property, or such other contractors as Landlord shall first approve in writing. If Tenant does not promptly make such arrangements, Landlord may, but need not, make such repairs, maintenance and/or replacements, and the costs paid or incurred by Landlord therefor shall be reimbursed by Tenant promptly after written demand request by Landlord, . Tenant shall indemnify Landlord and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant pay for any reasonable damagerepairs, inconvenience or interference with Tenant's use maintenance and replacements to areas of the Premises Property outside the Premises, caused in whole or in part, as a result of performing moving any such work. (3) Landlord will maintainfurniture, repair and replace all structural components of the Premises and the roof of the Buildingfixtures, and if a repair, replacement or alteration or other change would be considered a capital improvement property to or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to from the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered or by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, its employees, agents, contractors, or visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusabilitynotwithstanding anything to the contrary contained in this Lease). Except as provided in this Article, or for damage covered under Article 13, Landlord shall keep the common areas of the Property in good and sanitary condition, working order and repair (iii) where the repair cost of which shall be included in question is one which Tenant is obligated to furnish under the provisions of this LeaseOperating Expenses).

Appears in 1 contract

Samples: Office Lease (Art Technology Group Inc)

Maintenance and Repairs. (1) 8.1 Except for matters specified the obligations of Landlord pursuant to Section 8.2, Tenant shall keep, and maintain the Premises in reasonably good condition and provide for the maintenance, repair and replacement of the roof of the Building, all mechanical, plumbing, heating, ventilation, air conditioning, sprinkler and electrical systems and utility service lines within the Premises, the plumbing system within the Premises, all duct banks, conduits and fiber lines running through the Premises, the Licensed Power Conduit, as described below, (collectively, the “Utility Infrastructure”) and all furnishings, fixtures, personal property, conduits, equipment and improvements located in, or used in the operation of, the Premises, including without limitation power distribution units, computer room air conditioners, generators, fuel tanks, fire protection systems, antennas, satellite dishes, security systems and similar improvements, equipment and personal property, which have been, or hereafter is, installed in the Premises (the “Critical Equipment”). Landlord shall assign to Tenant, or make available to Tenant, any warranties or guaranties in Landlord’s possession relating to the Utility Infrastructure, the Critical Equipment, the roof or any other items for which Tenant has any maintenance or repair responsibilities. Tenant shall be responsible for obtaining and maintaining all approvals, permits and licenses required by any federal, state or local government for installation, maintenance and operation of the Critical Equipment and for paying all fees attendant thereto and for complying with all other legal requirements relating to the Critical Equipment. Tenant shall have the right from time to time during the Term to test the generators in accordance with Tenant’s maintenance schedule. At the expiration or other termination of the Lease Term, Tenant shall surrender the Premises, broom clean, in substantially the same order and condition which they are in on the Access Date, ordinary wear and tear, approved or permitted alterations (unless Landlord requires removal of same pursuant to the terms of this Lease), unavoidable damage by the elements, and casualty damage excepted. Tenant shall, at its own expense, replace any broken or damaged interior glass, windows, doors, locks, jambs and partition walls, and such replacement items shall be of the same quality and design as those initially installed by Landlord in the Premises. In addition, in connection with Tenant’s maintenance, repair, and replacement obligations under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligationthis Lease, Tenant shall, consistent with its customary practices in similar facilities and at Tenant's sole its own cost and expenseexpense establish regular service and maintenance procedures or maintain preventative maintenance service contracts, maintain the Premises in good orderwith reputable vendors, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces for servicing portions of the ceilingsBuilding systems, walls Utility Infrastructure, and floors; all doors and interior windows; furnishings installed within Critical Equipment. At the Premises; all equipment installed by expiration or at the expense other termination of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord Tenant shall give Tenant prior written notice to do such acts as are required to so maintain surrender the Premises, including without limitation, the Utility Infrastructure and Critical Equipment, including replacements thereto or thereof, to Landlord in as good order and condition as they were on the Access Date or may be put in thereafter in accordance with this Lease, reasonable wear and tear, functional obsolescence and damage to the Premises by casualty or condemnation of the Premises excepted. For the avoidance of doubt, the parties acknowledge and agree that all Utility Infrastructure and Critical Equipment shall remain upon and be surrendered with the Premises as a part thereof at the termination or other expiration of the Term; provided that Tenant may, at Tenant’s sole option, remove any elements of the Utility Infrastructure or Critical Equipment installed in the Premises by the Tenant during the term of the Lease, except to the extent that such items installed by Tenant represent a replacement of items existing in the Premises as of the date hereof, the intent of the parties being that at the end of the term of the Lease, the Premises shall be left in the same operating condition as existed as of the date hereof, reasonable wear and tear, functional obsolescence and damage to the Premises by casualty or condemnation of the Premises excepted. In the event Tenant shall be in default with respect to any action that Tenant fails is obligated to commence such work within 30 days after written demand by Landlord, and diligently prosecute it perform pursuant to completionthis Section 8.1, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required right to perform such workact on Tenant’s account. Prior to Landlord undertaking any action to cure or remedy such condition, Landlord shall have no liability first give written notice of such condition to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. and allow Tenant two (32) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life business days following receipt by Tenant of such item and Tenant agrees written notice to pay its percentage share (which shall be determined by dividing cure or remedy the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth condition specified in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable’s notice; provided, however, that if such condition cannot be cured within the two (2) business day period, such period shall be extended for a reasonable additional time, so long as Tenant commences to cure such condition within the two (2) business day period and proceeds diligently thereafter to effect such cure. If Tenant fails to cure or remedy such condition within such time period, then Landlord may cure or remedy such condition and deliver an invoice, with reasonable supporting documentation, to Tenant for such costs and expenses, and Tenant shall pay to Landlord the amount of such invoice within thirty (30) days after delivery by Landlord. The amount of such expenses, when paid by Tenant, shall be included within Expenses, to the extent such costs and expenses are not excluded from the definition of Expenses. 8.2 Landlord shall keep and maintain in good condition and repair the foundation and exterior walls of the Building, all driveways, parking areas, sidewalks, landscaping, grounds adjacent to the Building as well as the Common Areas. In addition, but subject to the provisions of Section 8.5 below, during the first Lease Year, Landlord shall keep and maintain in good condition and repair the roof of the Building. In the event Landlord shall be in default with respect to any action that Landlord is obligated to perform pursuant to this Section 8.2, then Tenant shall have the right to perform such act on Landlord’s account. Prior to Tenant undertaking any action to cure or remedy such condition, Tenant shall first give written notice of such condition to cure or remedy such condition, Tenant shall first give written notice of such condition to Landlord and allow Landlord two (2) business days following receipt by Landlord of such written notice to cure or remedy the condition specified in Tenant’s notice; provided, however, that if such condition cannot be cured within the two (2) business day period, such period shall be extended for a reasonable additional time, so long as Landlord commences to cure such condition within the two (2) business day period and proceed diligently thereafter to effect such cure. If Landlord fails to cure or remedy such condition within such time period, then Tenant may cure or remedy such condition and deliver an invoice, with reasonable supporting documentation, to Landlord for such costs and expenses, and Landlord shall pay to Tenant the amount of such invoice within thirty (30) days after delivery by Tenant. The amount of such expenses, when paid by Landlord, shall be included within Expenses, to the extent such costs and expenses are not excluded from the definition of Expenses. 8.3 All injury, breakage and damage to the Premises or to any other part of the Building or to any equipment, fixtures, personal property or improvements located in the Building caused by any negligent act or omission or willful misconduct of Tenant or anyone for whom Tenant is responsible at law (“Tenant Party”), shall, subject to the provisions of Section 12.3(b) below if applicable, be repaired at the sole expense of Tenant, except that Landlord shall have the right, at its option, after Tenant’s failure to cure (or commence to cure, where applicable) within thirty (30) business days after notice to Tenant of such injury, breakage or damage, to make such repairs and to charge Tenant for all reasonable costs and expenses incurred in connection therewith as Additional Rent hereunder. Should an emergency or similar situation occur and delay would cause or is likely to cause preventable injury to persons or property, Landlord may elect to act without notice to Tenant to repair or xxxxx the emergency condition. (a) Tenant shall not cause or permit any Hazardous Materials to be generated, used, released, stored or disposed of in or about the Building, provided that Tenant may use and store reasonable quantities of Hazardous Materials as are customarily maintained on site by data center tenants and as may be reasonably necessary for Tenant to conduct normal operations in the Premises, taking into account the Permitted Uses. At the expiration or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord free of Hazardous Materials generated, stored or disposed of by Tenant and free of all Environmental Default (as defined below) by Tenant, except that Tenant shall not be entitled required to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition remove fuel storage tanks which directly causes such unusability, or (iii) where the repair are leak free and otherwise in question is one which Tenant is obligated to furnish under the provisions compliance with applicable Environmental Laws. For purposes of this Lease.Section 8.4:

Appears in 1 contract

Samples: Deed of Lease (Equinix Inc)

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Maintenance and Repairs. Landlord will maintain all Common Areas and Systems serving the Common Areas, the roof, downspouts, gutters, foundation, and the exterior walls (1and any structural interior walls or other structural elements) Except of the Building in good repair, reasonable wear and tear excepted. Tenant will repair, replace and pay for, any damage to the foregoing caused by the negligence or misconduct of Tenant or any Tenant Party, or caused by Xxxxxx’s default hereunder. The term “walls” as used herein will not include windows, glass or plate glass, doors, special store fronts or office entries. Tenant will promptly give Landlord written notice of defect or need for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being repairs, after which Landlord will have reasonable opportunity to repair same or cure such defect. Landlord's obligationliability with respect to any defects, repairs or maintenance for which Landlord is responsible under any of the provisions of this Lease will be limited to the cost of such repairs or maintenance or the curing of such defect. Tenant shallwill at its own cost and expense maintain, repair and replace the entirety of the Premises (except those for which Landlord is expressly responsible under the terms of this Lease) in as good condition as received (ordinary wear and tear excepted), promptly making all necessary repairs and replacements, including, but not limited to, heating, ventilation, cooling, plumbing, telecommunications, electrical and any other systems (the “Systems”) within or serving the Premises, lighting fixtures, ballasts and bulbs, windows and window treatments, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, and floors and floor coverings within or serving the Premises unless any such damage is caused by parties other than Tenant or a Tenant Party. Landlord shall insure that the Systems will be in good working order and condition upon the Commencement Date. Landlord shall assign to Tenant all warranties that are legally assignable, and if not assignable, shall cooperate with Tenant to enforce such warranties. Xxxxxxxx agrees to assign, to the extent legally assignable, any and all manufacturers’ warranties for the Tenant Improvements, directly to the Tenant, which warranties shall include, but not be limited to, warranties for the Systems, which shall be the standard warranties available from the manufacturers. Additionally, Landlord acknowledges and agrees that any replacements made to any Systems, or any material components thereof (during the last 24 months of the then-existing Lease Term), shall be made by Landlord, and amortized over its useful life, and charged as a capital expense under the Operating Expense formula. Subject to compliance with any notice and right to cure provisions contained in this Lease, if Tenant shall fail to fulfill its obligations under this Section, the Landlord may enter upon the area of the Building or the Premises as required to perform the obligations of the Tenant, and will be entitled to reimbursement from the Tenant for its actual costs and expenses in conducting such obligations. The Tenant will reimburse the Landlord for its actual costs and expense promptly upon demand made by the Landlord. The provisions of this subparagraph will not be interpreted to obligate the Landlord to perform obligations of the Tenant. Tenant will not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and will, at Tenant's its sole cost and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and promptly repair any damage or injury to any demising wall caused by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this LeaseParty.

Appears in 1 contract

Samples: Lease Agreement (Precision Biosciences Inc)

Maintenance and Repairs. Tenant agrees to maintain the Premises and perform minor repairs such as leaking faucets and changing of air conditioner filters. Tenant shall be responsible for failure to make such repairs and shall be liable for damage resulting from such failure. Landlord shall be responsible for major repairs. The rights and obligations of the parties hereto regarding these repairs are described herein: (1a) Except Tenant shall notify Landlord promptly by telephone, in person or in writing upon discovery of any major item requiring repair, (b) Landlord shall be required to complete such repair or cause such repair to be completed within three (3) business days after receiving such notification thereof from Tenant unless such repair cannot be reasonably completed within such three (3) business day period for matters specified under Paragraph 4 above reasons beyond the control of Landlord, in which event such repair shall be completed as soon as practically possible, but in any event within seven (7) business days after such notification, and Paragraph 8A(3(c) below as being Tenant shall pay the first $ 500.00 for the repair of any one item requiring repair, or shall be entitled (but not obligated) to effect any repair at Tenant's sole cost and expense in which case the Landlord must be notified and may require inspection of such repairs and copies of receipts for labor and/or materials for said repairs. (d) In the case of emergency repairs, Landlord shall be obligated to complete or cause same to be completed within forty-eight (48) hours after notification of the need for such repair by Tenant. In the event Landlord fails to complete any emergency repairs within said forty-eight (48) hours period for any reason whatsoever, Tenant shall be entitled to effect such repairs and Landlord shall pay all expenses (subject to limits described in subsection (iii) hereinabove) thereby incurred by Tenant upon written notification to Landlord by Tenant that such repairs have been effected and following inspection of such repairs by Landlord. (e) Tenant shall pay Landlord for any property damage and/or cost of repairs to the Premises caused by the negligence or misuse thereof by Tenant, or Tenant's guests and/or other occupants. At the Landlord's obligationdiscretion, such repairs may be affected by Tenant shall, at Tenant's sole cost and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2f) In Any outstanding debt for such repairs may be deducted from the event that Tenant fails security deposit or charges to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such worktenant. (3g) Landlord will maintainTenant shall maintain the yard by watering, repair weeding, mowing the grass and replace trimming the shrubs so as to maintain a good appearance. Extermination services for all structural components pests and insects as reasonably needed shall be arranged and paid for by Tenant. Both parties acknowledge that the rent would be higher if the foregoing responsibilities were allocated differently. This assumption of the Premises and the roof of the Buildingresponsibility by Tenant is entered into knowingly, voluntarily, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make for consideration and pay for such repair, replacement, alteration or other change. The cost is an express waiver of any such capital improvement shall be amortized over the useful life statutory or common law obligation of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amountLandlord. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease12.

Appears in 1 contract

Samples: Commercial Lease Agreement

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above 6.1 CPC shall maintain and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, maintain the Premises keep in good orderrepair and condition all buildings in the Access Area, including the loading docks, in compliance with law and to the same standard of repair as applicable to Best Foods' manufacturing facilities. 6.2 CPI shall maintain and keep in good repair and condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces all outside areas of the ceilingsProperty including the Access Area, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within buildings on the PremisesProperty not subject to Section 6.1 above. (2) In 6.3 For those maintenance and repair obligations for Building No. 44 that are common or applicable to the event that Tenant fails entire building, CPI and CPC shall agree in writing as to the standard of repair and maintenance and the allocation of costs thereof. 6.4 CPI shall maintain the Premises and keep in good orderrepair CPI's utility systems providing CPC with electricity, condition instrument air, water (process and potable), steam, natural gas, sewer and fire suppression in accordance with Exhibit B hereof. 6.5 CPC shall maintain and keep in good repair as those portions of CPI's utility systems to the extent set forth in Exhibit B hereof. 6.6 CPI and CPC shall provide each other written notification of any perceived maintenance need for any item for which either party is responsible. 6.7 CPC shall maintain and keep in good repair all Packaging Equipment. CPC shall operate all Packaging Equipment consistent with the pollution control devices or pre-treatment equipment and/or any permits, licenses or registrations for the Access Area which CPI is responsible for maintaining. CPC shall shut down all or part of the Packaging Equipment if such shutdown is required under this Lease, Landlord shall give Tenant prior written notice to do by law or if such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are shutdown is reasonably required to avoid non-compliance with the law. The parties shall cooperate with each other in scheduling shutdowns required for repair or maintenance of pollution control devices or pre-treatment equipment. CPI shall perform such worksaid repair or maintenance as expediently as possible so as to minimize the interruption to CPC's Access Activities. Landlord CPC shall have no liability be liable to Tenant CPI for any reasonable damagedamages caused to pollution control devices or pre-treatment equipment due to violation of any said permits, inconvenience licenses or interference with Tenantregistrations or resulting from CPC's use willful or negligent breach of the Premises as a result of performing any such workthis Paragraph 6. (3) Landlord will maintain, repair and replace 6.8 CPC shall be responsible for notifying all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement personnel with access to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvementAccess Area, including the Building) employees of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable lawsCPI or third parties, ordinances, regulations and rules of any public authority relating known hazards in the Access Area, whether those hazards were caused, directly or indirectly, by CPC, by CPI, or by a third party. CPC shall take all reasonable steps to protect any such personnel from injury in the Access Area, including but not limited to the Premisesprompt correction or repair of any potentially hazardous or dangerous situation for which it has maintenance responsibilities under this paragraph. CPC shall take all necessary precautions to prevent the occurrence of any injury to persons or damage to property due to the Access Activities, except to the extent that any such injury or damage is due to the foregoing are solely a result negligent or willful acts of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations CPI. 6.9 The maintenance obligations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything costs thereof set forth in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant Section 6 shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair duplicate those obligations and costs set forth in question is one which Tenant is obligated to furnish under the provisions of this LeaseExhibit D hereto.

Appears in 1 contract

Samples: Access Agreement (Corn Products International Inc)

Maintenance and Repairs. (1) 8.1 Except for matters specified under Paragraph 4 above as otherwise provided in this Lease, including, Section 8.2, Article 17 and Paragraph 8A(3) below as being Landlord's obligationArticle 18, Tenant shallTenant, at Tenant's sole cost and expense, maintain shall promptly make all repairs and replacements, and perform all maintenance, in and to the Premises to keep the Premises in good order, operating condition and repair, ordinary wear in a clean, safe and tear tenantable condition, well-ventilated and damage by fire moisture controlled, and casualty exceptedotherwise in accordance with the requirements of this Lease. Tenant shall likewise maintain all fixtures, including: the interior surfaces of the ceilingsfurnishings and equipment located in, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbingexclusively serving, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as make all required under this Lease, Landlord repairs and replacements thereto. Tenant shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will also maintain, repair and replace all structural components replace, at Tenant's sole cost and expense, the Tenant Items and shall keep in force customary maintenance and service contracts therefor. Tenant shall give Landlord prompt written notice of any material defects or damage to the structure of, or equipment or fixtures constituting a Building Structure and System in, the Building or any part thereof, or any mold or moisture condition, of which Tenant has knowledge. Tenant shall suffer no physical waste or injury to any part of the Premises Premises, and shall, at the roof expiration or earlier termination of the BuildingLease Term, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to surrender the Premises under generally accepted accounting principlesin an order and condition equal to or better than that on the Lease Commencement Date, then it shall be except for ordinary wear and tear, casualty, condemnation, repairs and replacements which are Landlord's responsibility hereunder, Alterations and Landlord's Work that Tenant is permitted to promptly make surrender, and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share Hazardous Materials (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of introduced by Tenant or Tenant's use Agents in violation of this Lease). Except as otherwise provided in this Lease, all injury, breakage and damage to the Premises and to any other part of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of Building or the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease Land to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) extent caused directly or indirectly by any act or omission of Tenant or any Agent of Tenant, shall be repaired by and at Tenant's expense, except that if either an emergency condition exists or the Lease Term has expired or Tenant fails to commence and diligently prosecute to completion repair of any such injury, breakage or damage within a reasonable period (not to exceed thirty (30) days) following Tenant's receipt of written notice from Landlord, then Landlord shall have the right at Landlord's option to make any such repair and to charge Tenant for all reasonable out-of pocket costs and reasonable out-of-pocket expenses incurred in connection therewith. Landlord shall provide and install replacement tubes for Building standard fluorescent light fixtures (subject to reimbursement pursuant to Article V). All other bulbs and tubes for the Premises shall be provided and installed at Tenant's expense; provided that if Tenant elects to supply the bulbs or tubes to Landlord, then Landlord shall provide the labor involved for such replacement at no cost to Tenant. 8.2 Except as otherwise provided in this Lease and subject to normal wear and tear, Landlord at its expense (subject to reimbursement pursuant to Article V if and to the extent permitted thereby) shall keep the Building Structure and Systems, including (a) the structural portions of the Building, (b) the exterior walls of the Building, including, without limitation, glass and glazing, (c) the roof (including the roof membrane), (d) mechanical, electrical, plumbing and life safety systems, and (e) Common Areas in clean and in good operating condition consistent with similar Class – A office buildings in the Las Colinas submarket (including, without limitation, to prune and, subject to obtaining the approval of the Las Colinas Association, remove if necessary, the trees directly in front of the Building, such that the view of Tenant's servantssignage is not obstructed), employeesand, agentspromptly after becoming aware of any item needing repair or replacement, contractorswill make such repair or replacement, visitors and shall otherwise maintain the Building Structure and Systems in material compliance with all Laws. Landlord shall deliver the Premises on the Lease Commencement Date with the Building Structure and Systems in good working order and condition, with the Building free from leaks, but otherwise in "as is" condition, except as otherwise expressly provided in this Lease and Exhibit B; provided, however, that the Building shall be in material compliance with all Laws as of the Lease Commencement Date, including the Americans with Disabilities Act; and provided further that, in the event it is later discovered that the Building was not in material compliance with all Laws as of the Lease Commencement Date, Landlord, at its sole cost and expense, shall be responsible for restoring such compliance. Tenant's acceptance of the Premises shall not be deemed a waiver of Tenant's rights to have defects in the Building Structure and Systems that exist on the Lease Commencement Date repaired by Landlord at its sole cost and expense. Tenant shall give notice to Landlord whenever any defect in the Building Structure or licenseesSystems becomes reasonably apparent, and Landlord shall repair such defect as soon as practicable at Landlord's sole cost and expense (and not as an Operating Charge). Notwithstanding any of the foregoing to the contrary: (i) maintenance and repair of all Tenant Items shall be the sole responsibility of Tenant and shall be deemed not to be a part of the Building Structure and Systems; and (ii) where Landlord shall have no obligation to make any repairs whatsoever to the extent caused by any act or omission of Tenant makes or any Tenant Agent. In the event that Tenant elects to use the existing lobby entry doors for the Building, Landlord shall perform, at its sole cost and expense (and not as an Operating Charge and not as a decorationcost for which the Allowance may be used), alterationany alterations, improvement replacements or addition which directly causes improvements required to cause such unusabilitydoors to be in material compliance with all Laws as of the Lease Commencement Date. In addition, and notwithstanding anything to the contrary in this Lease, Landlord shall perform and construct (subject to inclusion of any costs therefor being included in Operating Charges, if permitted), and Tenant shall have no responsibility to perform or construct, any repair, maintenance or improvements (w) necessitated by the acts or omissions of Landlord, Landlord's Agents any other occupant of the Project, or their respective agents, employees or contractors, (iiix) where for which Landlord has a right of reimbursement from others, (y) to the repair structural portions of the Premises, including foundations and areas beneath foundations and to any Common Areas of the Project exterior to the Building and (z) which are treated as a "capital expenditure" under generally accepted accounting principles. 8.3 To the best of Landlord's actual knowledge, the Premises will be in question is one which material compliance with all Laws (including, without limitation, the ADA) as of the Lease Commencement Date. During the Lease Term, Landlord shall ensure that the Common Areas shall remain in material compliance with all Laws and life safety requirements and will indemnify Tenant is obligated against any damages or loss due to furnish under non-compliance of the Common Areas with any Laws; provided, however, Landlord shall be permitted to pass through any costs of compliance as Operating Charges in accordance with and subject to the provisions of this Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Alliance Data Systems Corp)

Maintenance and Repairs. Tenant shall throughout the term of this lease, take good care of the demised premises and the fixtures and appurtenances therein. Tenant shall be responsible for all damage or injury to the demised premises or any other part of the building of the building and the systems and the equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting form carelessness, omission, neglect or improper conduct of Tenant. Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for our supplied to Tenant or any subtenant or arising out of the installation use or operation of the property or equipment of Tenant or any subtenant. Tenant shall also repeal all damage to the building and the demised premises caused by the moving of Tenant's fixtures, furniture's and equipment. Tenant shall promptly make at Tenants expense all repairs in and to the demised premises for which Tenant is responsible using only the contractor for the per trade submitted by owner. Any other repairs in or to the building or the facilities and systems thereof for which Tenants is responsible shall be performed by Owner at the Tenant's expense. Owner shall maintain in good working order and repair the exterior and the structural portions of the building, including the structural portions of its demised premises, and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (1to the extent such systems presently exist) Except serving the demised premises. Tenant agrees to give prompt notice of any detective condition in the premises for matters specified under Paragraph which Owner may be responsible hereunder. There shall be no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising form Owner or others making repairs, alterations, additions or improvements in or to any portion of the building or the demised premises or in and to the failure of Owner to comply with covenant of this or any other article of this be by way of an action for damages for breach of contract. The provisions of this Article 4 above shall not apply in the case of fire or other casualty, which are dealt with in Article 9 hereof. WINDOW CLEANING: 5. Tenant will not clean nor require, permit, suffer or allow any window in the demised premises to be cleaned form the outside in violation of Section 202 of the Labor Law or any other applicable law or of the Rules of the Board of Standards and Paragraph 8A(3) below as being Landlord's obligationAppeals, or of any other Board or body having or asserting jurisdiction. REQUIREMENTS OF LAW, FIRE INSURANCE, FLOOR LOADS: 6. Prior to the commencement of the lease term if Tenant shallis then in possession and at all times thereafter, Tenant, at Tenant's sole cost and expense, maintain the Premises in good ordershall promptly comply will all present and future laws, condition orders and repairregulations of all state, ordinary wear federal, municipal and tear local governments, departments, commissions and damage by fire boards and casualty exceptedany direction of any public officer pursuant to law, including: the interior surfaces and all orders rules and regulations of the ceilingsNew York Board of Fire Underwriters, walls and floors; all doors and interior windows; furnishings installed within Insurance Services Office, or any similar body which shall impose any violation, order or duty upon Owner or Tenant with respect to the Premises; all equipment installed by demised premises, whether or at the expense not arising out of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use or manner of use thereof, (including Tenant's permitted use) or with respect to the building if arising out of Tenant's use or manner of use of the Premises as a result premises or the building (including the use permitted under the lease). Nothing herein shall require Tenant to make structural repairs or alterations unless Tenant has, by its manner of performing use of the demised premises or method of operation therein, violated any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, orders, rules, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premisesor requirements with respect thereto. Tenant shall do may, after securing Owner to Owner's satisfaction against all acts required damages, interest, penalties and expenses including but not limited to, reasonable attorney's fees, by cash deposit or by surely bond in an amount and in a company satisfactory to comply with all applicable Owner, contest and appeal any such laws, ordinances, regulations orders, rules, regulations, or requirements provided same is done with all reasonable promptness and rules provided such appeal shall not be subject Owner to prosecution for a criminal offense or constitute a default under any lease or mortgage under which Owner may be obligated, or cause the demised premises or any part thereof to be condemned or vacated. Tenant shall nor do or permit any act or thing to be done in or to the demised premises which is contrary law, or which will invalidate or be in conflict with public liability, fire or other policies of insurance at any public time carried by or for the benefit of Owner with respect to demised premises or the building of which the demised premises for a part, or which shall or might subject Owner to any liability or responsibility to any person or for property damage. Tenant shall knot keep anything in the demised premises except as not or hereafter permitted by the Fire Department, Board of Fire Underwriters, Fire Insurance Rating Organization or other authority relating solely having jurisdiction, and then only in such manner which will increase the insurance rate for the building or any property located therein over that in effect prior to Tenant's use of the Premises. If a repair is required as a result commandment of Tenant's negligence occupancy. Tenant shall pay all costs, expenses, fines, penalties, or damages which may be imposed upon Owner by reason of Tenant's failure to comply with the provisions of this article and such repair cost is not covered if by insurance proceeds, Tenant will pay for the cost reason of such repair. Notwithstanding anything in failure to comply with provisions of this Lease to article and if by reason of such failure the contraryfire insurance rate shall at the beginning of this lease or at any time thereafter, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more be higher than three consecutive business daysit otherwise would be, then Tenant shall reimburse Owner, as additional rent hereunder for that portion of all fire insurance premiums thereafter paid by owner which shall have been charged because of such failure by Tenant. In action or proceeding wherein Owner and Tenant are parties a schedule or "make-up" of rate for the building or demised premises issued by the New York Fire Insurance Exchange, or other body making fire insurance rates applicable to said premises shall be entitled conclusively evidence of the facts therein stated and of the several items and charges in the fire insurance's rates then applicable to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that said premises. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which it was designed to carry and which is allowed by law Owner reserves the right to prescribe the weight and position of all safes business machines and mechanical equipment. Such installations shall be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly placed and maintained by any act or omission of Tenant or any of Tenant, at Tenant's servantsexpense, employeesin setting sufficient in Owner's judgment, agentsto absorb and prevent vibration, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leasenoise and annoyance.

Appears in 1 contract

Samples: Office Lease (Dominix Inc)

Maintenance and Repairs. (1) A. Landlord's Obligations SEE ADDENDUM SECTION XXXV.D. Except for matters specified under Paragraph 4 above special or non-standard systems and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at equipment installed for Tenant's sole cost and expenseexclusive use, maintain the Premises Landlord shall keep in good order, condition and repair, ordinary wear at Landlord's initial cost and tear expense subject to reimbursement by Tenant of Tenant's Proportionate Share of such cost and damage by fire expense in excess, in the aggregate with all other Common Operating Costs, of the Base Operating Expense, heating, ventilating and casualty exceptedair conditioning and plumbing systems if and to the extent that they service the Premises as well as other premises within the Building, including: the foundations, exterior walls, structural condition of interior bearing walls and roof of the Premises, interior walls, interior surfaces of the exterior walls, ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heatingdoors, ventilatingcabinets, draperies, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition window coverings, carpeting and repair as required under this Leaseother floor coverings, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work plate glass and skylights located within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof Building, as well as the parking lots, walkways, driveways, landscaping, fences, signs, and utility installations of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement Project. Janitorial services to the Premises under generally accepted accounting principlesshall initially be provided as described in EXHIBIT G, then it shall be which specifications are subject to change from time to time in the reasonable discretion of Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts not be required to comply with all applicable laws, ordinances, regulations and rules make any repairs that are the obligation of any public authority relating to other tenant or occupant within the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay Building or Project or repairs for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) damage caused directly or indirectly by any negligent or intentional act or omission of Tenant or any person claiming through or under Tenant or any of Tenant's servants, employees, agentssuppliers, contractorsshippers, visitors customers or licenseesinvitees, (ii) where in which event Tenant makes a decorationshall repair such damage at its sole cost and expense. Tenant hereby waives and releases its right to make repairs at Landlord's expense under any law, alterationstatute, improvement ordinance, rules and regulations now or addition hereafter in effect in any jurisdiction in which directly causes such unusability, or (iii) where the repair in question Project is one which Tenant is obligated to furnish under the provisions of this Leaselocated.

Appears in 1 contract

Samples: Lease Agreement (Peregrine Systems Inc)

Maintenance and Repairs. 7.1 By taking possession of the Premises Tenant agrees that the Premises are then in a good and tenantable condition, subject to the repair of latent defects that could not be discovered in a physical inspection of the Premises, provided that Tenant notifies Landlord in writing of such defects no later than the first (11st) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligationanniversary of the Commencement Date. During the Term, Tenant shall, at Tenant's sole cost expense but under the direction of Landlord, shall repair and expensemaintain the Premises, maintain including the interior walls, floor coverings, ceiling (ceiling tiles and grid), Tenant Improvements, Alterations, fire extinguishers, outlets and fixtures, and any appliances (including dishwashers, hot water heaters and garbage disposers) in the Premises, in a first class condition, reasonable wear and tear excepted, and keep the Premises in a clean, safe and orderly condition. 7.2 Landlord shall maintain or cause to be maintained in reasonably good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces structural portions of the ceilingsroof, foundations, floors and exterior walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, the Building Systems, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make public and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage common areas of the Building by the square footage of all buildings benefitted by Property, such improvementas elevators, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable lawsstairs, ordinances, regulations corridors and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusablerestrooms; provided, however, that Tenant shall not be entitled to a pro rata abatement pay the cost of rent under repairs for any damage occasioned by Tenant's use of the foregoing due to unusability (i) caused directly Premises or indirectly by the Property or any act or omission of Tenant or Tenant's Representatives or Visitors, to the extent (if any) not covered by Landlord's property insurance. Landlord shall be under no obligation to inspect the Premises. Tenant shall promptly report in writing to Landlord any defective condition known to Tenant which Landlord is required to repair. As a material part of the consideration for this Lease, Tenant hereby waives any benefits of any applicable existing or future Law, including the provisions of California Civil Code Sections 1932(1), 1941 and 1942, that allows a tenant to make repairs at its landlord's expense. 7.3 Landlord hereby reserves the right, at any time and from time to time, without liability to Tenant, and without constituting an eviction, constructive or otherwise, or entitling Tenant to any abatement of rent or to terminate this Lease or otherwise releasing Tenant from any of Tenant's servantsobligations under this Lease: (a) To make alterations, employeesadditions, agentsrepairs, contractorsimprovements to or in or to decrease the size of area of, visitors all or licenseesany part of the Building, the fixtures and equipment therein, and the Building Systems, provided that Landlord shall make commercially reasonable efforts to minimize interruption of Tenant's use of the Premises; (iib) where Tenant makes a decorationTo change the Building's name or street address; (c) To install and maintain any and all signs on the exterior and interior of the Building; (d) To reduce, alterationincrease, improvement enclose or addition which directly causes otherwise change at any time and from time to time the size, number, location, lay-out and nature of the common areas (including the Parking Facility) and other tenancies and premises in the Property and to create additional rentable areas through use or enclosure of common areas; and (e) If any governmental authority promulgates or revises any Law or imposes mandatory or voluntary controls or guidelines on Landlord or the Property relating to the use or conservation of energy or utilities or the reduction of automobile or other emissions or reduction or management of traffic or parking on the Property (collectively "CONTROLS"), to comply with such unusabilityControls, whether mandatory or voluntary, or (iii) where make any alterations to the repair in question is one which Tenant is obligated to furnish under the provisions of this LeaseProperty related thereto.

Appears in 1 contract

Samples: Lease Agreement (Imall Inc)

Maintenance and Repairs. (1) Except 12.1 The Concessionaire agrees to provide at its own expense maintenance, custodial, and cleaning services for matters specified under Paragraph 4 above the Assigned Premises. Concessionaire shall keep all of the Assigned Premises and Paragraph 8A(3) below as being Landlord's obligationall of the Fixed Improvements, Tenant shallTrade Fixtures, Personal Property, stock, etc. located therein, clean and in good order and shall observe superior sanitation standards at Tenant's all times. Concessionaire shall keep the Assigned Premises and surrounding areas free of debris, trash, merchandise delivery or packing boxes. Concessionaire shall ensure that all walls, floors, cash wrap, serving, passenger sales areas and employee areas, counters, equipment and other surfaces are cleaned and sanitized at least daily. a. Concessionaire shall use at Concessionaire’s sole cost and expenseexpense such pest extermination contractor as the Board may direct and at such intervals as the Board may require. b. Concessionaire shall ensure that all personnel conform to personal hygiene and product handling requirements established by Concessionaire, maintain the Premises Board or applicable laws, rules, regulations and ordinances. 12.2 At no cost to the Board, the Concessionaire agrees to keep and maintain, in good working order, condition and repairmake necessary repairs, which repairs shall include all necessary replacements, capital expenditures and compliance with all laws now or hereafter adopted, the Assigned Premises and every part thereof and any and all appurtenances thereto wherever located, including by way of example only but without limitation, the Fixed Improvements, Trade Fixtures and Concessionaire's equipment, the window frames, interior windows, plate glass, doors, door frames and checks, keys, locks and entrances, storefronts, security gates, utility lines and connections, signs, lighting fixtures, bulbs and tubes, floors, floor coverings, interior walls, wall coverings, ceiling, the surfaces of Airport base building interior columns exclusive of structural deficiencies, any columns or structural improvements erected by Concessionaire, partitions , utility systems, utility lines, utility equipment, HVAC systems, connections and ductwork, sprinkler systems, electrical systems, electrical lines, electrical equipment and all other work, improvements and repairs and replacements, renewals and restorations, interior and exterior, ordinary wear and tear extraordinary, foreseen and damage by fire and casualty exceptedunforeseen. Concessionaire shall ensure that all equipment, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilatingdevices, electrical lights and lighting facilities bulbs are fully functional at all times. Concessionaire shall ensure that all security and fixtures; fire exits are fully operational and in excellent working order at all landscaping, parking lots, fences and signs located within the Premisestimes. Concessionaire shall utilize its best efforts to repair these items if required. (2) In 12.3 All work, repairs done by the event that Concessionaire or on its behalf shall be of first class quality in both materials and workmanship. All work and repairs shall be subject to inspection, review and approval by the Chief Executive Officer and shall be made in conformity with Manual of Airport and Tenant fails Work and with the rules and regulations prescribed from time to maintain time by the Premises Board, and/or Federal, state, or local authorities having jurisdiction over the work in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Concessionaire's Assigned Premises. In All service companies utilized by Concessionaire shall be subject to Airport security and other Airport and Board regulations. 12.4 Concessionaire shall provide a complete and proper arrangement for the event that Tenant fails to commence such work within 30 days after written demand by Landlordadequate sanitary gathering, sorting, transportation, handling and diligently prosecute it to completiondisposal, then Landlord shall have away from the rightAirport, but shall not be obligatedof all trash, to do such acts garbage and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises other refuse caused as a result of performing any such work. its operations as described herein (3) Landlord will maintaintrash removal). Concessionaire shall provide and use transportation devices and receptacles for all garbage, repair and replace all structural components of the Premises and the roof of the Buildingtrash, and if a repair, replacement or alteration or other change would be considered a capital improvement refuse which meet the Board’s specifications. Piling of boxes, cartons, barrels or replacement to other similar items in an unsightly or unsafe manner on or about the Assigned Premises under generally accepted accounting principles, then it is forbidden. All garbage and refuse shall be Landlord's responsibility prepared for collection in the manner and at the time and places specified by the Board. If the Board shall provide or designate a service for picking up refuse and garbage, Concessionaire shall be required to promptly make and pay for such repair, replacement, alteration or other change. The use said service at Concessionaire’s proportional cost of any such capital improvement said service. If the Board shall implement a recycling program, Concessionaire shall participate in the program as directed by the Chief Executive Officer. Concessionaire shall provide garbage and refuse containers as specified by the Board. Concessionaire shall be amortized over the useful life of required to regularly clean and sanitize such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building containers on a regular basis, or as directed by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this LeaseChief Executive Officer.

Appears in 1 contract

Samples: Concession Agreement

Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligationDuring the term of this lease, Tenant shall, at Tenant's its sole cost and expense, maintain the Premises Maintain, keep in good ordercondition, condition order and repair, ordinary wear and tear replace when necessary: (i) Building Systems; and damage by fire (ii) Common Areas, which include any exclusive parking areas and casualty exceptedshipping/receiving areas. Landlord, including: at its sole expense, shall maintain the interior surfaces Building’s roof, footings, foundations, structural steel columns and girders, and exterior walls. If Tenant becomes aware of any condition that is Landlord’s responsibility to repair, Tenant shall promptly notify Landlord of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premisescondition. In the event that Tenant fails to commence such work within 30 days after written demand by Landlordthe Building Systems require replacement, and diligently prosecute it to completionsuch replacement occurrs with less than 5 years remaining in Tenant’s term, then Landlord shall pay to Tenant a sum equal to the cost of such replacement incurred by Tenant multiplied by a fraction, the numerator of which is the number of additional months which the Tenant would have had to occupy the Premises in order to have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises replaced component for a full 60 months and the denominator is 60. As an example, Tenant incurs a cost of $10,000 to replace a component with 36 months remaining in the lease. The Landlord would reimburse Tenant as a result of performing any such workfollows: $10,000 x (24/60) = $4,000. (3b) Landlord will maintainExcept as provided in subsection (a) above, repair and replace all structural components of Tenant at its sole expense shall maintain the Premises and all fixtures and equipment in the roof Premises. The Tenant also agrees to keep the Premises, including the common areas of the Building, and if a repairsidewalks free of rubbish and in such condition as the Board of Health may require. During the term of this lease, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share for and keep in effect an HVAC maintenance agreement (the “HVAC Maintenance Agreement”) with a licensed HVAC contractor. All repairs and replacements by Tenant shall utilize materials and equipment which shall be determined by dividing the square footage of are comparable to those already existing in the Building by and Premises. Alterations, repairs and replacements to the square footage of all buildings benefitted by such improvementProperty, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result made necessary because of Tenant's ’s Alterations or installations, any use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely or circumstances special or particular to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or its Agents shall be made by Landlord or Tenant as set forth above, but at the sole expense of Tenant to the extent not covered by any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated applicable insurance proceeds paid to furnish under the provisions of this LeaseLandlord.

Appears in 1 contract

Samples: Lease Agreement (Jagged Peak, Inc.)

Maintenance and Repairs. (1a) Except Carrier shall perform all repairs necessary or appropriate to Carrier's Equipment to maintain Carrier's Equipment in a good and tenantable condition, reasonable wear and tear, damage by fire, the elements or other casualty excepted. Damage to Carrier's Equipment resulting from the acts or omissions of Tower Company shall be repaired by Carrier at Tower Company's cost and expense. Tower Company shall reimburse Carrier for matters specified under Paragraph 4 above the actual reasonable costs incurred as evidenced by adequate documentation by Carrier in repairing such damage or replacing Carrier's Equipment. (b) Tower Company shall maintain the Tower Facilities, the Site, the Easements, and Paragraph 8A(3portions of the Property other than Carrier's Equipment (i) below as being Landlordin good order and repair, wear and tear, damage by fire, the elements or other casualty excepted; and (ii) in such condition that the Tower Facilities and the Property are required to be maintained by Tower Company pursuant to the Ground Lease; and (iii) in compliance with all rules, laws, regulations and orders of any governmental entity. Damage to the Site, Easements, Property or property surrounding the Property, Tower Facilities or the equipment or improvements of Tower Company or others located on the Property or the Tower Facilities, which results from the acts or omissions of Carrier shall be repaired by Carrier at Carrier's obligation, Tenant shall, at Tenant's sole cost and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense option of Tenant; and all plumbingTower Company, heatingCarrier shall reimburse Tower Company for the actual reasonable costs incurred by Tower Company in repairing such damage or replacing such equipment or improvements as evidenced by adequate documentation. Notwithstanding the foregoing or other provisions in this Master Lease to the contrary, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails Tower Company may delegate its obligations to maintain or repair the Premises Tower Facilities to another company provided that such delegation does not increase the costs of said services over and above that which would have been charged by Tower Company, that such company to whom the obligations are delegated complies with all the terms and provisions of this Agreement, and provided that such delegation does not in good ordereffect, condition and repair as required delegate all or a substantial portion of Tower Company's obligations under this Lease, Landlord shall give Tenant prior written notice to do Agreement and further provided that such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, company or companies complies with and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts is required to comply with all applicable lawsthe terms, ordinancesconditions, regulations covenants, warranties and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay representations under this Agreement. (c) Tower Company assumes no responsibility for the cost licensing, operation and maintenance of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at LandlordCarrier's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this LeaseEquipment.

Appears in 1 contract

Samples: Master Build to Suit and Lease Agreement (Tritel Finance Inc)

Maintenance and Repairs. (1) Except LESSEE shall maintain the interior of said Premises in a reasonable state of repair and good order and, upon vacating said Premises, shall leave the interior in a condition at least equivalent to its present condition and state of repair, save and except for matters specified under Paragraph 4 above the consequences of reasonable wear and Paragraph 8A(3) below as being Landlord's obligation, Tenant usage. LESSOR shall, at TenantLESSOR's sole cost and expense, maintain the building and any related structures which serve the leased Premises (other than those which are the specific responsibilities of LESSEE as provided for herein) in good ordera safe and useable condition. LESSOR shall also maintain, condition at XXXXXX’s sole cost and expense, the roof, foundation, exterior walls, mechanical equipment (i.e., air conditioning/heating (HVAC) units), electrical equipment (i.e., wiring and lighting), general plumbing, and sewer lines which serve the leased Premises. Notwithstanding the above, LESSEE shall be responsible for and make any single minor repair, ordinary wear including ballast for lights, of one hundred and tear fifty hundred dollars and no cents ($150.00) or less, not to exceed one thousand five hundred dollars and no cents ($1,500.00) per fiscal year during the occupancy under this lease. LESSEE must notify the LESSOR of any non-emergency repair in excess of one hundred and fifty dollars and no cents ($150.00) prior to performing said repair. LESSOR shall be responsible for replacement of broken glass to windows or doors to said Premises unless damage is caused by fire XXXXXX. Plumbing and casualty exceptedsewer problems or glass breakage attributed to misusage by XXXXXX or determined to be the act of any client associated with LESSEE’s program(s) shall be the responsibility of LESSEE. All services, including: which are the interior surfaces responsibility of the ceilings, walls LESSOR shall be provided as shall be reasonably necessary for the comfortable use and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense occupancy of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord by LESSEE during business hours. LESSEE shall give Tenant prior written notice to do such acts as notify LESSOR where corrective actions are required to so maintain give LESSOR the Premisesopportunity to correct such actions within a reasonable time. In the event that Tenant fails cases of emergency where corrective actions are required or where there is imminent danger to commence such work within 30 days after written demand by Landlordlife or property, and diligently prosecute it to completion, then Landlord LESSEE shall have the right, but shall not be obligated, option to do make or have made such acts repairs and expend invoice LESSOR or deduct from the monthly rent such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such workcosts. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.

Appears in 1 contract

Samples: Lease Agreement

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above It is understood and Paragraph 8A(3) below as being Landlord's obligation, Tenant agreed that Landlord shall, at Tenant's its sole cost and expense, maintain keep and maintain, during the Premises term of the Lease or any extension or renewal thereof, the foundations, and structural support portion of the improvements, including the structural portions of the roof, in good order, proper condition and in a good state of repair, ordinary wear and tear and damage by fire and casualty excepted, including: . During the interior surfaces term of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Tenant shall maintain the HVAC, plumbing, and electrical system(s) which serve the Demised Premises. Landlord shall give Tenant prior written notice not be responsible for any maintenance or repair caused by the fault or neglect of Tenant, or due to do such acts as are hazards and risks covered or required to be covered by insurance hereunder except as insurance proceeds are available therefore. All other maintenance and repair of said structure, including, but not limited to, painting of walls, and maintenance, repair and replacement of equipment, shall be the responsibility of Tenant. Any repairs or maintenance required to the roof membrane, or any repainting of the exterior walls, shall be accomplished by Landlord and reimbursed by Tenant as a common area maintenance expense as further defined herein. It is understood and agreed that should either party to this Agreement fail or refuse to start and to proceed thereafter with due diligence to make any repairs or maintenance as may be reasonably necessary for the purpose of fulfilling the terms and conditions of the agreements herein set forth within a reasonable length of time (not to exceed seven (7) days) after being notified in writing of the need thereof, that the other party hereto may make such repairs at the cost and expense of the party so maintain the Premisesfailing or refusing. In the event that of an emergency situation, Tenant fails may, in its discretion, make emergency repairs without giving written notification to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of reimburse Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that such repairs were the need for repairs or the making responsibility of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall hereunder and were not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission the fault of Tenant or Tenant’s agents. The rights of Tenant hereunder specifically do not include the right to offset or deduct any amounts claimed hereunder from rentals due. Landlord reserves the right to enter upon the Demised Premises (in a manner that will not unnecessarily interfere with the business of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where during business hours at any time to inspect the repair in question is one which Tenant is obligated same and to furnish under the provisions of this Leasemake necessary repairs to fulfill Landlord’s obligation hereunder.

Appears in 1 contract

Samples: Lease Agreement (Great Basin Scientific, Inc.)

Maintenance and Repairs. As part of the Common Area Maintenance charges (1herein referred to as"CAM") Except for matters specified which Lessee is paying its Proportionate Share, Lessor agrees to keep in good condition and repair the roof, roof drains and gutters, foundations and the Premises, underground utility and sewer pipes outside the exterior walls of the Office Complex including, exterior maintenance and landscaping, signage, exterior lighting, parking area and rear picnic area, interior common areas including the Office Complex entrance and hallways, except repairs rendered necessary by the negligence of Lessee, its agents, employees, assignees or invitees. Lessor otherwise gives to Lessee exclusive control of its Premises and shall be under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant no obligation to inspect said Premises. Lessee shall promptly report in writing to Lessor any defective condition known to Lessee which Lessor is required to repair or maintain.Lessee shall, ,at Tenant's its sole cost and expense, maintain : (a)keep the Premises clean and.neat. CAM shall not include the following:(1)costs incurred in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: connection with the interior surfaces original construction of the ceilingsOffice Complex or in connection with any major alterations to the Office Complex or costs of capital improvements and any other expenditures that, walls and floorsunder generally accepted.accounting principles, should be capitalized; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In legal fees, space planners'fees, real estate brokers' leasing commissions, and advertising expenses incurred in connection with the event original development or original leasing of the Office Complex or the future leasing of the Office Complex, (3) costs for which Lessor is reimbursed by any tenant or occupant of the Office Complex or by insurance by its carrier or any tenant's carrier or by anyone else or amounts chargeable to specific tenants of the Office Complex and amounts resulting from structural replacements to the exterior of any individual store buildings of Office Complex which are normally chargeable to capital account under sound accounting principles;(4)any bad debt loss,rent loss, or reserves for bad debts or rent loss, or political or charitable contributions; (5)expenses of extraordinary services provided to other tenants in the Office Complex that Tenant fails are made available to maintain a tenant at cost or for which a tenant is separately charged;(6)costs associated with the Premises operation of the business of the entity or corporation that constitutes Lessor, if any, as distinguished from the costs of operation of the Office Complex including accounting and legal matters;costs of defending any lawsuits with any mortgagee; costs of selling, syndicating,financing,mortgaging or hypothecating any of Lessor's interest in good orderthe Office Complex; and costs (including attorney fees and costs of settlement judgments and payments in lieu thereof) arising from claims, condition violations of law, disputes, or potential disputes in connection with potential or actual claims, litigation, or arbitration respecting Lessor or the Office Complex or the land upon which the Office Complex is constructed; (7) the wages and repair benefits of any onsite employees above the level of general manager; (8) the wages and benefits of any employee who does not devote substantially all of his or her time to the Office Complex unless such wages and benefits are allocated to reflect the actual time spent on operating and managing the Office Complex as required opposed to time spent on matters unrelated to operating and managing the Office Complex; (9) amounts paid as ground rental or other rentals pursuant to a sale and lease back of the Office Complex by Lessor;(10)costs, including permit,license,and inspection costs, incurred with respect to the installation of tenant improvements made for new tenants in the Office Complex or incurred in renovating or otherwise improving,decorating,painting,or redecorating vacant space for tenants or other occupants of the Office Complex; (11) any compensation paid to clerks, attendants, 0 17 other persons in commercial concessions operated by Lessor or in any parking area or garage; (12) management fees; (13) costs incurred by Lessor due to the violation by Lessor or any tenant of the terms and conditions of any lease of space in the Office Complex; (14) any costs, interest, fees, points,principal or other payments associated with mortgages or security deeds on Office Complex; (15) fines, interest, charges, penalties, damages and other costs incurred by Lessor by reason of any default (or claim of default) or late payment by it under any lease or other contract or instrument (regardless of whether or not the payment itself is allowed to be included in CAM), including, without limitation, any legal and other professional fees paid or incurred in connection therewith, any costs, fines or penalties incurred due to violations by Lessor of any governmental law, ordinance, rule or authority or costs incurred by Lessor to comply with environmental laws; (16) any costs or expenses incurred to make any of Lessor's representations or warranties under this LeaseLease true or correct; (17) costs incurred by Lessor to comply with the Americans with Disability Act (42 U.S.C. 12101 et seq., Landlord the "ADA"); and/or(18) administrative charges in excess of ten percent (10%) of CAM, exclusive of Taxes and Assessments, Insurance and Utility Charges. In order to eliminate any ambiguity or the possibility of any duplicative billing,Lessor agrees that no Insurance or Taxes and Assessments for which Lessee is paying its Proportionate Share shall give Tenant prior written notice to do such acts as are required to so maintain the Premisesbe included within CAM for which Lessee will also pay its Proportionate Share. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use other tenant of the Premises as Office Complex finds an error in the calculation of CAM or a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if duplicate charge for which a repair, replacement or alteration or other change reimbursement would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent due under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions terms of this Lease,Lessor shall adjust the calculation of CAM as it pertains to Tenant and reimburse Tenant accordingly.

Appears in 1 contract

Samples: Office Lease Agreement

Maintenance and Repairs. As part of the Common Area Maintenance charges (1herein referred to as "CAM") Except for matters specified which Lessee is paying its Proportionate Share, Lessor agrees to keep in good condition and repair the roof, roof drains and gutters, foundations, underground utility and sewer pipes outside the exterior walls of the Office Complex including, exterior maintenance and landscaping, signage, exterior lighting, parking area and rear picnic area, interior common areas including the Office Complex entrance and hallways,except repairs rendered necessary by the negligence of Lessee, its agents, employees, assignees or invitees.Lessor otherwise gives to Lessee exclusive control of its Premises and shall be under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant no obligation to inspect said Premises or to repair any portion of the Premises except those repairs expressly itemized in this paragraph. Lessee shall promptly report in writing to Lessor any defective condition known to Lessee which Lessor is required to repair or maintain. Lessee shall, at Tenant's its sole cost and expense, maintain : (a) keep the Premises clean and neat;and(b)keep the Premises,including but not limited to the HVAC system, the electrical and plumbing systems inside the Premises, and all other matters not specifically undertaken as the responsibility of Lessor in this paragraph,in good order, condition working order and repair, ordinary wear and tear and damage by fire and casualty excepted, including. CAM shall not include the following: (1) costs incurred in connection with the interior surfaces original construction of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by Office Complex or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for connection with any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement major alterations to the Premises Office Complex or costs of capital improvements and any other expenditures that, under generally accepted accounting principles, then it shall should be Landlordcapitalized; (2) legal fees, space planners' fees, real estate brokers' leasing commissions, and advertising expenses incurred in connection with the original development or original leasing of the Office Complex or the future leasing of the Office Complex, (3)costs for which Lessor is reimbursed by any tenant or occupant of the Office Complex or by insurance by its carrier or any tenant's responsibility carrier or by anyone else or amounts chargeable to promptly make specific tenants of the Office Complex and pay amounts resulting from structural replacements to the exterior of any individual store buildings of Office Complex which are normally chargeable to capital account under sound accounting principles; (4) any bad debt loss, rent loss, or reserves for bad debts or rent loss, or political or charitable contributions; (5) expenses of extraordinary services provided to other tenants in the Office Complex that are made available to a tenant at cost or for which a tenant is separately charged; (6) costs associated with the operation of the business of the entity or corporation that constitutes Lessor, if any, as distinguished from the costs of operation of the Office Complex including accounting and legal matters; costs of defending any lawsuits with any mortgagee; costs of selling, syndicating, financing, mortgaging or hypothecating any of Lessor's interest in the Office Complex; and costs (including attorney fees and costs of settlement judgments and payments in lieu thereof) arising from claims, violations of law, disputes, or potential disputes in connection with potential or actual claims, litigation, or arbitration respecting Lessor or the Office Complex or the land upon which the Office Complex is constructed; (7) the wages and benefits of any onsite employees above the level of general manager; (8) the wages and benefits of any employee who does not devote substantially all of his or her time to the Office Complex unless such repair, replacement, alteration wages and benefits are allocated to reflect the actual time spent on operating and managing the Office Complex as opposed to time spent on matters unrelated to operating and managing the Office Complex;(9)amounts paid as ground rental or other change. The cost rentals pursuant to a sale and lease back of the Office Complex by Lessor;(10) costs, including permit, license, and inspection costs,incurred with respect to the installation of tenant improvements made for new tenants in the Office Complex or incurred in renovating or otherwise improving,decorating,painting,or redecorating vacant space for tenants or other occupants of the Office Complex; (11) any compensation paid to clerks, attendants, or other persons in commercial concessions operated by Lessor or in any parking area or garage; (12) management fees; (13) costs incurred by Lessor due to the violation by Lessor or any tenant of the terms and conditions of any such capital improvement shall lease of space in the Office Complex; (14) any costs, interest, fees, points, principal or other payments associated with mortgages or security deeds on Office Complex; (15) fines, interest, charges, penalties, damages and other costs incurred by Lessor by reason of any default(or claim of default)or late payment by it under any lease or other contract or instrument(regardless of whether or not the payment itself is allowed to be amortized over the useful life included in CAM),including, without limitation, any legal and other professional fees paid or incurred in connection therewith, any costs, fines or penalties incurred due to violations by Lessor of such item and Tenant agrees to pay its percentage share (which shall be determined any governmental law,ordinance, rule or authority or costs incurred by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required Lessor to comply with all applicable environmental laws, ordinances, regulations and rules ; (16) any costs or expenses incurred to make any of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of TenantLessor's use of the Premises. Tenant shall do all acts required representations or warranties under this Lease true or correct; (17) costs incurred by Lessor to comply with all applicable lawsthe Americans with Disability Act (42 U.S.C. 12101 et seq., ordinancesthe "ADA"); and/or (18)administrative charges in excess of ten percent (10%) of CAM, regulations exclusive of Taxes and rules Assessments, Insurance and Utility Charges. In order to eliminate any ambiguity or the possibility of any public authority relating solely to Tenant's use duplicative billing, Lessor agrees that no Insurance or Taxes and Assessments for which Lessee is paying its Proportionate Share shall be included within CAM for which Lessee will also pay its Proportionate Share. In the event any other tenant of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, Office Complex finds an error in the event that the need calculation of CAM or a duplicate charge for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall reimbursement would be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent due under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions terms of this Lease, Lessor shall adjust the calculation of CAM as it pertains to Tenant and reimburse Tenant accordingly.

Appears in 1 contract

Samples: Office Lease Agreement

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, maintain the Premises LESSEE shall keep in good order, condition and repair, the interior of said premises, including without limitation, the windows, doors, show cases, ceiling, floors, plumbing and interior walls, with the exception of painting the interior walls which shall be maintained by LESSOR. XXXXXX shall be responsible for keeping the leased premises clean. If LESSEE refuses or neglects to discharge its obligations noted above to the reasonable satisfaction of LESSOR, LESSOR may make such repairs or undertake such maintenance without liability for any loss or damage that may accrue to LESSEE's merchandise, fixtures or other property. Upon completion of such work, XXXXXX shall promptly reimburse LESSOR for all costs incurred or LESSOR may deduct such costs from the money deposited with LESSOR. XXXXXX shall return the premises at the expiration of this lease in as good condition as it received the same, ordinary wear and tear and damage by fire and casualty excepted. LESSEE shall not have the right to make any alterations, including: improvements or additions to the interior surfaces premises without first obtaining LESSOR'S written consent. LESSEE shall have the right to install show cases or equipment which may be removed at the expiration of this lease with the approval of the ceilingsairport manager, walls provided LESSEE is not in default, and floors; providing further that LESSEE shall restore the premises to its pre-installation condition. LESSEE shall be liable for the costs of all doors and interior windows; furnishings installed within repairs to the Premises; all equipment installed premises made necessary by reason of any act or at omissions of the expense of Tenant; and all plumbingLESSEE, heatingor its agents or servants, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises or by its customers. LESSOR shall keep in good order, condition and repair repair, the basic equipment supplied by LESSOR under the terms of this lease, such as required under this Leasethe freezer, Landlord refrigerator, stove, grill, ice machine and disposal and all exterior parts of the building, including by way of illustration, foundation, roof, sewers, service pipeline, lines up to and including the meters, permanent canopies, exterior walls, gutters, down spouts and exterior painting, and LESSOR shall give Tenant prior written notice to do such acts as are required to so maintain the Premisesheating and air conditioning system. In LESSOR shall also maintain and clean all public and common areas of the event that Tenant fails to commence such work within 30 days after written demand by Landlordbuilding, including the restrooms. LESSOR shall also be responsible for cleaning and diligently prosecute it to completion, then Landlord shall have maintaining the right, but hood vents. LESSOR shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for make any reasonable damage, inconvenience or interference with Tenant's use repairs of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components parts of the Premises and the roof building, which become necessary or desirable by reason of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission negligence of Tenant LESSEE, its agents, invitees or any of Tenant's servants, employees, agentsin which event the same shall be the obligation of LESSEE. LESSEE shall forthwith at its own cost and expense, contractorsreplace with glass of the same quality, visitors any cracked or licenseesbroken glass, (ii) where Tenant makes a decorationincluding plate glass, alteration, improvement and any interior and exterior windows and glass in the doors of the demised premises when the breakage is caused by LESSEE or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this LeaseXXXXXX'S invitees.

Appears in 1 contract

Samples: Lease Agreement

Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above such maintenance, repairs, and Paragraph 8A(3) below replacements as being Landlord's obligationare necessitated by the negligence of Lessor, Tenant shallLessee shall perform any and all alterations, at Tenant's sole cost maintenance, repairs, and expensereplacements which may be necessary, or required by any law, order or other regulation of any governmental authority, to maintain the Leased Premises and Lessor's fixtures and equipment located thereon in good ordergood, condition safe and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premisestenantable condition. (2b) In Lessee shall be responsible for repairs to the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord excluded office space. (c) Lessor shall have the rightright to enter upon the Leased Premises from time to time during regular business hours in order to inspect the same and to perform any maintenance, but shall not be obligatedrepairs, to do such acts and expend such funds at the expense of Tenant as are reasonably replacements which it is required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease, but this right shall be exercised in such manner as to not interfere with Lessee's use and enjoyment of the Leased Premises, and shall be subject to any and all laws, orders, or regulations of the United States Government, the State of Maryland or any department or agency thereof, which may at any time apply to Lessee's use of the Leased Premises. (d) Lessor shall maintain and keep in good repair and condition the exterior and structural elements of the Leased Premises, including the roof and structure and the electrical, air conditioning, heating and plumbing systems on the Leased Premises, except for such maintenance, repairs, and replacements as are necessitated by the negligence of Lessee, its servants, agents, or employees. Lessor shall perform any and all alterations, maintenance, repairs and replacements, which may be necessary to maintain the Leased Premises and Lessee's fixtures and equipment in good, safe and tenantable condition. Lessor shall be responsible for snow removal of the Leased Premises and maintaining adequate outside lighting.

Appears in 1 contract

Samples: Lease Agreement (Mariner Capital Trust)

Maintenance and Repairs. (1a) Except Tritel shall perform all repairs necessary or appropriate to Tritel's Equipment to maintain Tritel's Equipment in a good and tenantable condition, reasonable wear and tear, damage by fire, the elements or other casualty excepted damage to Tritel's Equipment resulting from the acts or omissions of SpectraSite shall be repaired by Tritel at SpectraSite's cost and expense; SpectraSite shall reimburse Tritel for matters specified under Paragraph 4 above the actual reasonable costs incurred as evidenced by adequate documentation by Tritel in repairing such damage or replacing Tritel's Equipment. (b) SpectraSite shall maintain the Tower Facilities, the Site, the Easements, and Paragraph 8A(3portions of the Property other than Tritel's Equipment (i) below as being Landlordin good order and repair, wear and tear, damage by fire, the elements or other casualty excepted; (ii) in such condition that the Tower Facilities an d the Property are required to be maintained by SpectraSite pursuant to the Prime Lease; and (iii) in compliance with all rules, laws, codes, or regulations of any governmental entity. Damage to the Tower Facilities or the equipment or improvements of SpectraSite or others located on the Property or the Tower Facilities, which results from the acts or omissions of Tritel shall be repaired by Tritel at Tritel's obligation, Tenant shall, at Tenant's sole cost and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense option of Tenant; and all plumbingSpectraSite, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within Tritel shall reimburse SpectraSite for the Premises. (2) In actual reasonable costs incurred by SpectraSite in repairing such damage or replacing such equipment or improvements as evidenced by adequate documentation. Notwithstanding the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration foregoing or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything provisions in this Master Lease to the contrary, SpectraSite may delegate its obligations to maintain or repair the Tower Facilities to another company provided that such delegation does not increase the costs of said services over and above that which would have been charged by SpectraSite and provided that such delegation does not in the event that the need for repairs effect, delegate all or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material substantial portion of SpectraSite's obligations under this Agreement. (c) SpectraSite assumes no responsibility for the Premises unusable for more than three consecutive business dayslicensing, then Tenant shall be entitled to an abatement operation and maintenance of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of TenantTritel's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this LeaseEquipment.

Appears in 1 contract

Samples: Master Build to Suit and Lease Agreement (Tritel Finance Inc)

Maintenance and Repairs. (7.1 Landlord warrants that, as of the Commencement Date, the Building and Premises shall be in good working order and in compliance with all Laws. Landlord further warrants that the portion of the Premises scheduled to be delivered on April 1) Except , 2002, First Expansion Space and Second Expansion Space will be in good working order and in compliance with all laws on the dates such space is delivered to Tenant for matters specified under Paragraph 4 above possession. By taking possession of the Premises, as delivered, Tenant agrees that the Premises are then in a good and Paragraph 8A(3) below as being tenantable condition, subject to punch list items and uncompleted items of Landlord's obligationWork, and latent defects. During the Term, Tenant shall, at Tenant's sole cost expense but under the direction of Landlord, shall repair and expensemaintain the Premises, maintain including the interior walls, floor coverings, ceiling (ceiling tiles and grid), Tenant Improvements, Alterations, fire extinguishers, outlets and fixtures, and any appliances (including dishwashers, hot water heaters and garbage disposers) in the Premises, in a first class condition, subject to normal wear and tear and casualty loss, and keep the Premises in a clean, safe and orderly condition. 7.2 Landlord shall maintain or cause to be maintained in reasonably good order, condition and repair, ordinary the structural portions of the Building, including the roof, roof membrane, foundations, floors and exterior walls and glass of the Building, the Building Systems, and the public and common areas of the Building, such as elevators, stairs, corridors and restrooms in a first class condition, consistent with other comparable Class "A" buildings in downtown Minneapolis, subject to normal wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusableloss; provided, however, that Tenant shall not be entitled to a pro rata abatement pay the cost of rent under repairs for any damage occasioned by Tenant's use of the foregoing due to unusability (i) caused directly Premises or indirectly by the Building or any act or omission of Tenant or Tenant's Representatives or Visitors, to the extent (if any) not covered by Landlord's property insurance or the insurance required to be carried by Landlord. Landlord shall be under no obligation to inspect the Premises, Tenant shall promptly report in writing to Landlord any defective condition known to Tenant which Landlord is required to repair. 7.3 Landlord hereby reserves the right, at any time and from time to time, without liability to Tenant, and without constituting an eviction, constructive or otherwise, or entitling Tenant to any abatement of rent or to terminate this Lease or otherwise releasing Tenant from any of Tenant's servantsobligations under this Lease, employeesbut at all times taking commercially reasonable steps to minimize interruption to Tenant's business and Tenant's access to the Premises: (a) To make alterations, agentsadditions, contractorsrepairs, visitors improvements to or licenseesin or to decrease the size of area of, all or any part of the Building, the fixtures and equipment therein, and the Building Systems providing, however, that any such change shall not have a material adverse effect on Tenant's use of or access to the Premises; (iib) where Tenant makes To install and maintain any and all signs on the exterior and interior of the Building; (c) To reduce, increase, enclose or otherwise change at any time and from time to time, the size, number, location lay-out and nature of the common areas and other tenancies and premises in the Building and to create additional rentable areas through use or enclosure of common areas providing, however, that any such change shall not have a decorationmaterial adverse effect on Tenant's use of or Access to the Premises; and (d) If any governmental authority promulgates or revises any Law or imposes mandatory or voluntary (but if voluntary, alterationonly to the extent observed by comparable buildings in downtown Minneapolis) controls or guidelines on Landlord or the Building relating to the use or conservation of energy or utilities or the reduction of automobile or other emissions or reduction or management of traffic (collectively "Controls"), improvement to comply with such Controls, whether mandatory or addition which directly causes such unusabilityvoluntary (but if voluntary, only to the extent observed by comparable buildings in downtown Minneapolis), or (iii) where make any alterations to the repair in question is one which Building related thereto. Notwithstanding the foregoing rights reserved to Landlord, if Tenant is obligated unable to furnish under operate its business in all or a portion of the provisions Premises as a result of this LeaseLandlord exercising the foregoing rights, and such interruption or interference continues for more than three (3) business days, Rent will, but only in proportion to, the amount of space in the Premises that is rendered unusable by Tenant, abate beginning on the fourth (4th) day and will continue until Tenanx'x xse of the Premises is restored. Such Abatement shall only apply in situations such as those requiring or causing the shut down of computer systems or denying Tenant access to or use of all or a part of the Premises.

Appears in 1 contract

Samples: Lease Agreement (FSP 50 South Tenth Street Corp)

Maintenance and Repairs. 7.1 By taking possession of the Premises Tenant agrees that the Premises are then in a good and tenantable condition, subject to (a) any latent defects of which Tenant notifies Landlord in writing within one (1) Except for matters specified under Paragraph 4 above year after the Final Rent Commencement Date, and Paragraph 8A(3(b) below as being Landlord's obligationcompletion of any "punchlist" items pursuant to the provisions of Exhibit B attached hereto. During the Term, Tenant shall, at Tenant's sole cost expense but under the direction of Landlord, shall repair and expensemaintain the Premises, maintain including the interior walls, floor coverings, ceiling (ceiling tiles and grid), Tenant Improvements, Alterations, fire extinguishers, outlets and fixtures, and any appliances (including dishwashers, hot water heaters and garbage disposers) in the Premises, in a reasonably good condition, and keep the Premises in a clean, safe and orderly condition. 7.2 Landlord shall maintain or cause to be maintained in reasonably good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces structural portions of the ceilingsroof, foundations, floors and exterior walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain each Building contained in the Premises , the Building Systems, the Parking Facility, the public and common areas of such Building or Buildings, such as elevators, stairs, corridors and restrooms, and the public and common areas of the Project, the costs of which items contained in good orderthis Section 7.2 shall be included as a part of Operating Costs, condition subject to the terms, conditions, exclusions and repair as required under limitations contained in Section 3.2 of this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement pay the cost of rent under repairs for any damage occasioned by Tenant's use of the foregoing due to unusability (i) caused directly Premises or indirectly by the Project or any act or omission of Tenant or Tenant's Representatives or Visitors, to the extent (if any) not covered by Landlord's property insurance. Landlord shall be under no obligation to inspect the Premises. Tenant shall promptly report in writing to Landlord any defective condition known to Tenant which Landlord is required to repair. As a material part of the consideration for this Lease, Tenant hereby waives any benefits of any applicable existing or future Law, including the provisions of California Civil Code Sections 1932(1), 1941 and 1942, that allows a tenant to make repairs at its landlord's expense. 7.3 Landlord hereby reserves the right, at any time and from time to time, without liability to Tenant, and without constituting an eviction, constructive or otherwise, or entitling Tenant to any abatement of rent or to terminate this Lease or otherwise releasing Tenant from any of Tenant's servantsobligations under this Lease: (a) To make alterations, employeesadditions, agentsrepairs, contractorsimprovements to or in or to decrease the size of area of, visitors all or licenseesany part of a Building or the Project, the fixtures and equipment therein, and the Building Systems (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusabilityexcept that Landlord shall not have any right under this provision to materially reduce the size of the Premises, or to permanently, materially and adversely affect Tenant's access to and use of the Premises, except only as may be required to comply with Laws or as a result of any fire or other casualty or Condemnation); (iiib) where To change the repair Project's name or street address; (c) To install and maintain any and all signs on the exterior and interior of the Building;s (d) To reduce, increase, enclose or otherwise change at any time and from time to time the size, number, location, lay-out and nature of the common areas (including the Parking Facility) and other tenancies and premises in question is one which Tenant is obligated the Project and to furnish create additional rentable areas through use or enclosure of common areas; and (e) If any governmental authority promulgates or revises any Law or imposes mandatory or voluntary controls or guidelines on Landlord or the Project relating to the use or conservation of energy or utilities or the reduction of automobile or other emissions or reduction or management of traffic or parking on the Project (collectively "CONTROLS"), to comply with such Controls, whether mandatory or voluntary, or make any alterations to the Project related thereto. (f) In exercising its rights under this Section 7.3, Landlord agrees to use reasonable efforts to minimize any interruption to or disruption of Tenant's use of the provisions of this LeasePremises.

Appears in 1 contract

Samples: Lease Agreement (Inktomi Corp)

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, Lessor shall maintain the Premises structural elements of the property in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Leaseduring the term. The term "structural elements" shall mean the exterior building roof, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlordexterior building walls, structural supports, foundation, plumbing, and diligently prosecute it existing utility access lines to completionthe property. Lessor shall replace or repair all defective fixtures which would impede or otherwise impair the normal operation of the heating, then Landlord shall have cooling and ventilation systems, electrical systems and interior lighting systems for the right, but property. Lessor shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant liable for any reasonable damagedamages to Lessee or the property of Lessee resulting for Lessors failure to make any repairs required by this section unless written notice of the need for such repairs has been given to Lessor by Lessee and Lessor has failed for a period of forty-five day after receipt of the notice to make the needed repairs, inconvenience unless Lessor is prevented from making such repairs by causes not the fault of the Lessor. Notwithstanding anything to the contrary in this section, Lessee shall promptly reimburse Lessor for the full cost of any repairs made pursuant to the section required because of the negligence or interference with Tenant's other fault, other than normal and proper use of the Premises as a result of performing leased premises. Lessee shall maintain and repair any such work. (3) Landlord will maintainimprovements, repair fixtures and replace all structural components utility installations on or for the benefit of the Premises leased premises in good condition and repair during the roof term. Lessee shall perform the required maintenance and repair in. a prompt manner and Lessee shall not have the right to perform repairs or maintain the leased premises for or on behalf of Lessor, and for such purposes Lessee expressly waives all right to make repairs or perform maintenance on or about the leased premises at Lessors expense. Lessor reserves the right to enter the leased premises at reasonable times to inspect them or to perform any maintenance or repair Lessor deems necessary, or to make additions or alterations to any part of the Buildingleased premises, and if a repairLessee shall permit Lessor to do so. In connection with such alterations, replacement additions or alteration or other change would be considered a capital improvement or replacement repairs, Lessor may erect scaffolding and similar structures, post relevant notices and place moveable equipment without any obligation to the Premises under generally accepted accounting principles, then it shall be Landlordreduce Lessee's responsibility rent during such period and without incurring any liability to promptly make and pay Lessee for such repair, replacement, alteration or other change. The cost disturbance of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage quiet enjoyment of the Building by the square footage premises or loss of all buildings benefitted by occupation thereof, provided however that Lessors endeavor to conduct such improvement, including the Building) activities in manner to avoid unreasonable interference with Lessee's use and occupancy of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leaseleased premises.

Appears in 1 contract

Samples: Lease Agreement (Nevada Geothermal Power Inc)

Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 Notwithstanding any other provisions of this Lease, Landlord shall repair and maintain in a good condition the structural portions of the Building, including the elevators, plumbing, air conditioning, heating and electrical systems installed or furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of Tenant, its agents, servants, employees, licensees or invitees, in which case Tenant shall pay to Landlord, on demand, the cost of such maintenance and repairs less the amount of any insurance proceeds received by Landlord on account thereof, if applicable. Landlord shall also maintain and keep in good order and repair the Building roof; the curtain wall, including all glass connections at the perimeter of the Building; all exterior doors, including any exterior plate glass within the Building; the Building ventilating systems; elevators; Building telephone and electrical closets; public portions of the Building or Building Complex, including but not limited to the landscaping, walkways, and upper floor lobbies and corridors, parking structure, and interior portions of the Building above and Paragraph 8A(3below grade which are not covered by leases. (b) below as being Landlord's obligation, Tenant shallTenant, at Tenant's sole cost and expense, except for services furnished by Landlord pursuant to Paragraph 7 hereof, shall maintain, in good order, condition and repair, the Premises, including the interior surfaces of the ceilings (if damaged or discolored due in whole or in part to the act, neglect, omission or fault of Tenant), walls and floors, all doors, interior glass partitions or glass surfaces (not exterior windows) and pipes, electrical wiring, switches, fixtures and other special items, subject to the provisions of Paragraph 15 hereof. In the event Tenant fails to so maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are reasonably required to so maintain the Premises. In the event that Tenant fails to promptly commence such work within 30 days after written demand by Landlord, and diligently prosecute pursue it to completion, then Landlord shall have the right, but shall not be obligatedrequired, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use The funds so expended plus twenty percent (20%) of the Premises such amounts as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it an overhead/administrative charge shall be Landlord's responsibility to promptly make due and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.payable

Appears in 1 contract

Samples: Lease (Channelpoint Inc)

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, 10.1. The Lessee shall at Tenant's sole its own cost and expense, expense throughout the term of this Agreement – 10.1.1. maintain the Premises in good orderorder and repair the interior of the Leased Premises including all electrical, condition gas, water, drainage, sanitary works and repairother installations, ordinary appurtenances, fixtures and fittings as well as the terrain surrounding any buildings on the Leased Premises, but excluding any maintenance of a structural nature, and on termination of this Agreement return to the Lessor the Leased Premises with all items referred to above in good order and repair (fair wear and tear excepted); 10.1.2. where necessary, replace fixtures and damage by fire fittings with articles of equal or better quality, corresponding value and casualty exceptedappearance, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the rightwhich for reference purposes may include, but shall not be obligatedlimited to, wash- and lavatory basins, lavatory seats, flushing apparatus, glass panes, plate glass, taps, window-, door- and cupboard locks, hinges, fittings and keys, sinks, electrical fittings including switches and plugs, gas fittings and regulators, light bulbs, light fixtures and fluorescent lights; and 10.1.3. promptly repair or make good all damage to do the Leased Premises irrespective of its cause, unless the damage is of a structural nature, in which event the Lessee must without delay notify the Lessor of such acts damage and expend the cause of such funds at damage. 10.2. In the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use event of the Lessee failing to maintain or repair the Leased Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Buildingin accordance with its obligations stated in this clause, and if remaining in default for such period as the Lessor may reasonably stipulate in a repairwritten notice calling on the Lessee to remedy the default, replacement or alteration or other change would be considered a capital improvement or replacement due regard being had to the Premises under generally accepted accounting principlesnature hereof, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant Lessor shall be entitled to an abatement effect the necessary maintenance or repairs and to claim cost so incurred from the Lessee. 10.3. On termination of rent commencing with this Agreement the fourth business day that Lessee shall deliver the Leased Premises to the Lessor in the same are unusable; providedgood order and condition, howeverfair wear and tear excepted, that Tenant shall not be entitled as it existed at the Commencement Date or as it existed after any upgrading work or alterations and improvements had been done pursuant to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this LeaseAgreement. 10.4. Should any defect manifest itself in or about the Leased Premises for the repair of which the Lessor is responsible, the Lessee shall as soon as reasonably possible after the manifestation thereof give the Lessor notice of the defect. Should the Lessor fail to effect any maintenance or repairs for which it is responsible within a reasonable time after having being given written notice to do so by the Lessee, due regard being had to the nature of the maintenance or repair to be carried out, the Lessee shall be entitled itself to do so at the cost of the Lessor.

Appears in 1 contract

Samples: Lease Agreement

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Section 7.01. Tenant shall, at Tenant's sole cost and expense, maintain throughout the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: term hereof until the interior surfaces surrender of the ceilingsdemised premises (which is governed by Article Sixteen hereof), walls and floors; at no expense whatsoever to Landlord, take good care of the demised premises and, subject to the rights of Tenant under Article Nine of this Lease, shall not do or suffer any waste with respect thereto, and Tenant shall promptly make all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails repairs to maintain the Premises demised premises in good orderand lawful order and condition. When used in this Article, condition the term "repairs" shall include replacement, restoration and/or renewals when necessary. The provisions and repair as conditions of Article Nine applicable to changes or alterations shall similarly apply to repairs required to be done by Tenant under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the PremisesArticle. Tenant shall do keep and maintain all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use portions of the Premises. If a repair is required as a result demised premises, including, without limitation, the interior of Tenant's negligence the demised premises and such repair cost is not covered by insurance proceeds, Tenant will pay for all equipment and plumbing serving the cost of such repair. Notwithstanding anything in this Lease to the contrarydemised premises, in the event that the need for repairs or the making good working order and condition, free of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion accumulation of the Premises unusable for more than three consecutive business dayswater, then Tenant dirt and rubbish. Except as otherwise provided in Article Fifteen, nothing herein contained shall be entitled construed to an abatement of rent commencing with prevent Tenant from removing from the fourth business day that demised premises its own trade fixtures, furniture, and equipment on the same are unusable; providedcondition, however, that Tenant shall, at its own cost and expense, and it hereby agrees to, repair any and all damages to the demised premises resulting from or caused by the removal thereof, and not from ordinary wear and tear. Landlord shall be responsible for maintaining the HVAC systems serving the demised premises and the remainder of the building, and all costs incurred by Landlord in maintaining and repairing the HVAC systems serving the demised premises and the remainder of the building shall be included in CAM costs and reimbursed to Landlord in accordance with the terms of Section 2.05 above. Section 7.02. Tenant shall permit Landlord and the authorized representatives of Landlord to enter the demised premises at all reasonable times during usual business hours for the purpose of exhibiting or inspecting the same and of making any necessary repairs to the demised premises and performing any work therein that may be necessary to comply with any laws, ordinances, rules, regulations or requirements of any public authority, or that may be necessary to prevent waste or deterioration in connection with the demised premises, which Tenant is obligated, but has failed, to make, perform, or prevent, as the case may be. Nothing in this Lease shall imply any duty upon the part of Landlord to do any such work or to make any alterations, repairs, additions or improvements to the demised premises, of any kind whatsoever. The performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform the same. Landlord shall not in any event (except for events caused by Landlord's default hereunder) be entitled to a pro rata abatement liable for inconvenience, annoyance, disturbance, loss of rent under the foregoing due to unusability (i) caused directly business or indirectly by any act or omission other damage of Tenant or any other occupant of Tenant's servantsthe demised premises or part thereof, employeesby reason of making repairs or the performance of any work on the demised premises or on account of bringing materials, agentssupplies and equipment into or through the demised premises during the course thereof and the obligations of Tenant under this Lease shall not thereby be affected in any manner whatsoever. Landlord shall, contractorshowever, visitors in connection with the doing of any such work cause as little inconvenience, annoyance, disturbance, loss of business or licensees, (ii) where other damage to Tenant makes a decoration, alteration, improvement or addition which directly causes any such unusability, or (iii) where other occupant as may be reasonably possible in the repair in question is one which Tenant is obligated to furnish under the provisions of this Leasecircumstances.

Appears in 1 contract

Samples: Lease Agreement (Safeguard Health Enterprises Inc)

Maintenance and Repairs. (1a) Except Landlord Direct Maintenance Responsibilities. Landlord shall be responsible for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being shall pay for all maintenance and repairs to the following elements of the Premises: roof, the exterior walls, the common areas, the equipment used exclusively for the common areas, the heating, air conditioning, electrical, plumbing and non-Tenant installed building ventilation systems, and items of a purely structural nature ("Landlord's obligationElements"), unless caused in part or in whole by the act, neglect, fault or omission of any duty by Tenant, its agents, servants, employees, and invitees, in which case Tenant shall, shall at Tenant's sole cost and expense, make such repairs and replacements as are necessary to maintain such structural portions in a good condition. Landlord shall also be responsible for maintenance and repairs to the parking lot and landscaping adjacent to the Premises and for snow and ice removal. There shall be no abatement of rent or liability to Tenant on account of interference with Tenant's business with respect to any improvements, alterations or repairs made by Landlord to the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required connection with its duties under this Lease, Landlord shall Section 0. Tenant may give Tenant prior written notice to do such acts as are Landlord of Landlord's failure to perform its required to so maintain the Premisesduties under this Section 0. In the event that Tenant If after thirty (30) days' written notice, Landlord fails to commence such work within 30 days after written demand by Landlord, necessary maintenance and repairs and diligently prosecute it pursue completion of same, Tenant may elect to completioneffect the maintenance and repairs in a reasonable manner and the reasonable costs of the maintenance and/or repairs shall be reimbursed by Landlord within five (5) working days of Landlord's receipt from Tenant of a statement of such costs. If, then Landlord shall have the righthowever, but shall not be obligatedLandlord's failure to repair, replace or maintain Landlord's Elements to do such acts and expend such funds at the expense which a notice of Tenant as are reasonably required failure to perform such work. Landlord shall have no liability to Tenant for any reasonable damagehas been delivered by Tenant, inconvenience or interference unreasonably interferes with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principlesbusiness, then it shall such costs of maintenance or repairs may be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made applied by Tenant as set forth in Paragraph 4 above. to reduce the base rent due to Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leasefollowing month.

Appears in 1 contract

Samples: Lease Agreement (American Coin Merchandising Inc)

Maintenance and Repairs. (1) Except Throughout the term of this Agreement, GROWING ORLANDO shall be solely responsible for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligationthe maintenance, Tenant shall, at Tenant's sole cost and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition upkeep and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and all present and future Improvements. GROWING ORLANDO shall maintain such items and the roof Premises in good, safe and sanitary first-class condition throughout the term of this Agreement. CITY shall be permitted to inspect the Premises and Improvements as often as CITY reasonably deems necessary. CITY shall notify GROWING ORLANDO in writing of any items in a state of disrepair or otherwise not maintained to the standard of care required per this Agreement. GROWING ORLANDO shall have ten (10) days from its receipt of the Buildingnotice to repair or clean up the items, unless the nature of such repair is that it cannot be accomplished within ten (10) days, in which case GROWING ORLANDO shall be allowed a reasonable period of time to make repairs or otherwise address the problem, provided GROWING ORLANDO promptly and if diligently pursues same. The failure of GROWING ORLANDO to take such needed action within such time period shall be a breach of this Agreement. The failure of CITY to provide GROWING ORLANDO a list of repairs or other items to be addresses shall not relieve GROWING ORLANDO of its maintenance and repair obligations. In any instance where GROWING ORLANDO has failed to properly maintain the Premises after notice and demand by CITY, GROWING ORLANDO shall be responsible for all costs and expenses associated with CITY’s having to repair, replacement restore or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to clean up the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, determined in the event that the need for repairs or the making reasonable discretion of repairs (or both) which Landlord is obligated CITY, should CITY take steps to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by correct any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leaseconditions.

Appears in 1 contract

Samples: Premises Use Agreement

Maintenance and Repairs. (1a) Except Tenant shall be responsible for matters specified under Paragraph 4 above keeping provided HVAC unit in working condition. Tenant shall be responsible for changing filters at least once every three months and Paragraph 8A(3) below as being Landlord's obligationservicing the HVAC unit biannually by a pre-approved professional. Tenant shall provide Landlord with proof of service. Landlord reserves the right to schedule service and pass charges on to Tenant, if Tenant shall, at Tenant's sole cost and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces does not provide proof of the ceilings, walls and floors; all doors and interior windows; furnishings installed service within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premisesrequested timeframe. (2b) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give provide sewer and water connection to the building. Tenant prior written notice to do such acts as are required to so maintain the Premisesshall be responsible for all interior plumbing issues. In the event This includes any plumbing back-ups that Tenant fails to commence such work within 30 days after written demand by Landlordrequire (c) Landlord shall be responsible for exterior walls, windows and doors, and diligently prosecute it to completionany structural repairs of the grounds and parking areas. However, then Landlord Tenant shall have keep the rightgrounds and parking areas clean and free of waste or debris. Tenant is responsible for promptly reporting in writing any defect, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use breakage, and failure of such reporting shall make Tenant liable for the Premises as a result repair of performing any additional damage. This provision does not obligate Landlord to repair or correct such workdefect or damage. (3d) Landlord will maintain, repair Tenant shall be responsible for all ordinary and replace all structural components routine maintenance and upkeep of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use interior of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations is responsible for furnishing and rules replacing light bulbs. Tenant is responsible for notifying the Landlord in writing of any public authority relating solely to Tenant's use moisture accumulation, wood rot, or visible evidence of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repairmold. Notwithstanding anything in this Lease to the contraryforegoing, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled responsible for and pay for all repairs and maintenance required to an abatement of rent commencing with remedy any damages to the fourth business day that the same are unusable; providedPremises caused by (or not timely reported in writing by) Xxxxxx, howeverguests, that Tenant or invitees. (e) Landlord shall not be entitled responsible or liable to a pro rata abatement of rent the Tenant or to those claiming by, through or under the foregoing due Tenant, for any loss or damage to unusability either the person or property of the Tenant that may be occasioned from the leaking of the roof, and the Tenant expressly agrees to indemnify and hold the Landlord harmless with respect thereto. (if) caused directly or indirectly by Tenant is responsible for overseeing and covering the costs of any act or omission of Tenant or any pest control that is required for the operation of Tenant's servants, employees, agents, contractors, visitors ’s activities or licensees, (ii) where Tenant makes if Tenant’s activities is causing a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leasepest problem for other Tenants.

Appears in 1 contract

Samples: Commercial Lease Agreement

Maintenance and Repairs. (1) Except Landlord shall make all necessary repairs to the outer walls, roof, downspouts, gutters and basic structural elements, building systems and common areas of the Building. Landlord may decorate, make repairs, construct alternations, additions, changes or improvements whether structural or otherwise in and about the Building or the Complex, or any part thereof, and for matters specified under Paragraph 4 such purposes may enter upon the Leased Premises and, during the continuance of any such work, temporarily close doors, entryways, public space and corridors in the Building, interrupt or temporarily suspend building services and facilities and change the arrangement and location of entrances, passageways, doors and doorways, corridors, elevators, stairs, toilets, or other public parts of the building, provided that in no such event shall the Tenant's continued operation of its business in the Leased Premises be unreasonably interrupted and provided that nothing set forth above and Paragraph 8A(3) below as being Landlordshall unreasonably interrupt Tenant's obligation, access to the Leased Premises. Tenant shallwill, at Tenant's its sole cost and expense, keep and maintain the Leasehold Improvements in the condition that existed on the date the Leased Premises was first occupied by Tenant and in good orderproperly functioning, safe, orderly and sanitary condition, will make all necessary replacements thereto, will suffer no waste or injury thereto, and will at the expiration or other termination of the Term of this Lease, surrender the same with all improvements in the same order and condition and repairin which they were on the Commencement Date, or in the condition as the Leased Premises may be improved after the Commencement Date, ordinary wear and tear and casualty damage excepted. Tenant shall repair or replace, at Tenant's cost and expense, any damage done to the Leased Premises, the Building, the Complex, or any part thereof, caused by Tenant or Tenant's agents, employees, invitees, or visitors, and restore the same to the condition it was in prior to such damage. All repairs and replacements shall be effected in compliance with all building and fire codes and casualty excepted, including: the interior surfaces of the ceilings, walls other applicable laws and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that regulations. If Tenant fails to maintain the Premises in good order, condition and repair as required under this Leasemake such repairs or replacements promptly, Landlord may, at its option, make the repairs or replacements, and Tenant shall give Tenant prior written notice pay the cost thereof including but not limited to do such acts a charge for Landlord's overhead to Landlord immediately on demand as are part of the Rent due hereunder. Any repairs required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant shall be performed only by contractor(s) designated or approved by Landlord and only upon the prior written approval of Landlord as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premiseswork to be performed and materials to be furnished in connection therewith. Further, except in Landlord's sole discretion, Landlord may perform the work to the extent that the foregoing are solely a result be done by Tenant under this paragraph with contractors of TenantLandlord's use of the Premises. choosing and Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay reimburse Landlord for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs thereof or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders direction pay such contractors directly and immediately upon demand. Failure of Landlord to strictly enforce or perform the terms hereof shall not constitute a material portion waiver of any of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leasehereof.

Appears in 1 contract

Samples: Lease Agreement (Adva International Inc)

Maintenance and Repairs. (1) Except All ordinary and customary maintenance, repairs and replacements to the Leased Premises shall be performed by Tenant, at its own expense, including all necessary repairs to pipes, heating systems, plumbing systems, electrical systems, window glass, doors, fixtures, interior decorations, and all other appliances and appurtenances. Such repairs ordinary as well as extraordinary, shall be made promptly, as and when necessary. All such repairs and replacements shall be in quality and class at least equal to the original work. On default of the Tenant in making such repairs or replacements, the Landlord may, but shall not be required to, make such repairs and replacements for matters specified under Paragraph 4 above the Tenant's account, and Paragraph 8A(3) below the expense shall constitute and be collectable as being Landlordadditional rent, together with interest thereon at the rate of twelve percent per annum until paid. Landlord shall be responsible for maintaining the structural components of the Leased Premises including but not limited to, the roof, foundation, exterior walls and interior support systems unless caused by Tenant's obligationact or negligence, in which case, Tenant shallshall pay for all necessary repairs and replacements to the extent not covered by insurance. Tenant shall be responsible for and pay for the routine maintenance of the Leased Premise's asphalt and concrete areas including the ingress and egress areas, at parking lots and storage areas. For that purpose, routine maintenance shall be limited to sealing cracks in the asphalt and concrete to the extent that such cracks can effectively be repaired by sealing. In addition, Tenant shall be responsible for any damages Tenant or Tenant's sole cost and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails invitees cause to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premisesthese areas. In the event that Tenant fails to commence such work within 30 days after written demand by Landlordthese areas need other than routine maintenance repairs, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of invitees have not caused the Premises as a result of performing any need for such work. (3) repairs, Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay responsible for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premisesrepairs. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of not allow or permit any public authority relating solely to Tenant's use waste of the Leased Premises. If a repair is required as a result , and shall keep the leased grounds free of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs trash or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leasedebris.

Appears in 1 contract

Samples: Stock Purchase Agreement (Hia Inc)

Maintenance and Repairs. (1) 8.1 Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligationprovided in Section 8.3 below, Tenant shall, at Tenant's sole cost will keep and expense, maintain the Premises and all fixtures and equipment located therein in clean, safe and sanitary condition, will take good ordercare thereof and make all required repairs thereto, and will suffer no waste or injury thereto. At the expiration or other termination of the Lease Term, Tenant shall surrender the Premises, broom clean, in the same order and condition and repairin which they are in on the Lease Commencement Date, ordinary wear and tear and unavoidable damage by fire the elements excepted. Landlord, at its cost, shall provide replacement tubes for all fluorescent light fixtures in the Premises on the Lease Commencement Date. All other bulbs, tubes and casualty exceptedlighting fixtures for the Premises shall be provided and installed by Landlord at Tenant's cost and expense. 8.2 Except as otherwise provided in Article XVII hereof, including: all injury, breakage and damage to the interior surfaces Premises and to any other part of the ceilingsOffice Complex caused by any act or omission of Tenant, walls or of any agent, employee, subtenant, contractor, customer or invitee of Tenant, shall be repaired by and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the sole expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event except that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligatedat its option, to do make such acts repairs and expend such funds at to charge Tenant for all costs and expenses reasonably incurred by Landlord in light of the expense urgency, as determined by Landlord in its sole judgment, of the repairs, solely in connection therewith as additional rent hereunder. The liability of Tenant as are reasonably required to perform for such work. costs and expenses shall be reduced by the amount of any insurance proceeds received by Landlord on account of such injury, breakage or damage. 8.3 Landlord shall have no liability to Tenant for any reasonable damagekeep and maintain the exterior and demising walls, inconvenience or interference with Tenant's use foundations, roof and common areas that form a part of the Premises as a result of performing any such work. Building (3) Landlord will maintainincluding the windows, repair and replace all structural components of the Premises elevators, base sprinkler system), and the roof mechanical, electrical, HVAC, plumbing and other operational systems of the Building, pipes and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to conduits that are provided by Landlord in the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage operation of the Building or, on a non-exclusive basis, the Premises in clean, safe, sanitary and operating condition in accordance with standards customarily maintained by first-class office buildings in the square footage of Bethesda, Maryland area, and will make all buildings benefitted by such improvement, including the Building) required repairs thereto. All common or public areas of the annual amortized amount. Such payment will Office Complex and the land upon which it is situated (including without limitation the first floor lobby area and the exterior landscaping) shall be made maintained by Tenant as set forth Landlord in Paragraph 4 above. Landlord shall do all acts required to comply accordance with all applicable lawsstandards customarily maintained by first-class office buildings in the Bethesda, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the PremisesMaryland area. Tenant shall do all acts required to comply promptly provide Landlord with all applicable laws, ordinances, regulations and rules written notice of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the defect or need for repairs in or about the Office Complex or the making Building of repairs (or both) which Landlord Tenant is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusableaware; provided, however, that Tenant Landlord's obligation to repair hereunder shall not be entitled limited to a pro rata abatement matters of rent under the foregoing due to unusability (i) caused directly or indirectly which it has been given notice by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.

Appears in 1 contract

Samples: Lease Modification and Extension Agreement (E Centives Inc)

Maintenance and Repairs. (1) A. Landlord's Obligations ---------------------- Except for matters specified under Paragraph 4 above special or non-standard systems and Paragraph 8A(3) below as being Landlordequipment installed for Tenant's obligationexclusive use, Tenant Landlord shall, at Landlord's initial cost and expense subject to reimbursement by Tenant of Tenant's sole Proportionate Share of such cost and expenseexpense as an Operating Cost, maintain the Premises keep in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Leasethe heating, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, ventilating and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts air conditioning and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of other mechanical systems which service the Premises as a result well as other premises within the Building; the foundations, exterior walls, structural condition of performing any such work. (3) Landlord will maintaininterior bearing walls, repair and replace all structural components roof of the Premises and Building; and the roof parking lots, walkways, driveways, landscaping, fences, signs and utility installations and other Common Areas of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 aboveProject. Landlord shall do all acts required not be in breach of its obligations under this Section unless Landlord fails to comply with all applicable lawscommence, ordinanceswithin three (3) days after written notice of a need for such repairs or maintenance is given to Landlord by Tenant, regulations and rules of to thereafter diligently prosecute to completion, any public authority relating repairs or perform maintenance which it is obligated to the Premisesperform hereunder, except to the extent that the foregoing are solely a result of and such failure materially and adversely affects Tenant's use of business operations in the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled required to a pro rata abatement of rent under the foregoing due to unusability (i) make any repairs for damage caused directly or indirectly by any negligent or intentional act or omission of Tenant or any person claiming through or under Tenant or any of Tenant's servants, employees, agentssuppliers, contractorsshippers, visitors customers or licenseesinvitees, unless Tenant or another party agrees to pay Landlord for Landlord's actual costs therefor, or unless Landlord elects to file an insurance claim as provided in Section B below; otherwise, Tenant shall, with the consent and under the direction of Landlord, repair such damage at its sole cost and expense. Tenant hereby waives and releases any right it may have to make repairs to the Premises, Building or Project at Landlord's expense under any law, statute, ordinance, rules and regulations now or hereafter in effect in any jurisdiction in which the Project is located. Tenant understands that, due to the seven days a week, twenty-four hours a day nature of Tenant's business, Landlord may find it necessary to temporarily interrupt utility and other Building services in order for Landlord to perform periodic or other necessary repair, maintenance and replacement activities. Except in the case of emergency, Landlord will (i) use all reasonable efforts to minimize any interference in Tenant's business operations, (ii) where in connection with scheduled maintenance or repair when Landlord anticipates that electrical service will be interrupted for a period of time less than one (1) hour, provide Tenant makes a decorationand Tenant's facility manager previously identified to Landlord with not less than two (2) hours prior notification, alteration, improvement or addition which directly causes such unusability, or and (iii) where in connection with scheduled maintenance or repair when Landlord anticipates that electrical service will be interrupted for a period of time of one (1) hour or longer, provide Tenant and Tenant's facility manager previously identified to Landlord with not less than ten (10) days prior notification, and at Tenant's request and if reasonably able to do so, Landlord will perform such scheduled maintenance and repair (anticipated to cause an electrical interruption of greater than one (1) hour) during the repair in question is one which Tenant is obligated to furnish under the provisions midnight shift of this LeaseTenant's employees or at such other time as may be reasonably requested by Tenant.

Appears in 1 contract

Samples: Office Lease (Moneygram Payment Systems Inc)

Maintenance and Repairs. (1A) Lessee shall keep the Leased Premises in good condition, reasonable wear and tear excepted, and shall, in the use and occupancy of the Leased Premises, conform to all laws, orders and regulations of the Federal, State and Municipal governments, or any of their departments, and regulations of the New York Board of Fire Underwriters, applicable to the Premises. Lessee shall not be required to perform any maintenance, repairs or replacements necessitated by the negligence of Lessor, its servants, agents, or employees, or structural defects or deficiencies in the Building, or by fire, or other casualty. (B) Except for matters specified under Paragraph 4 such maintenance, repairs, and replacements as are required by (A) above to be made by Lessee, Lessor shall perform any and Paragraph 8A(3all structural alterations, maintenance, repairs and equipment replacements which may be necessary to maintain the Building in good, safe and tenantable condition. (C) below Lessee shall permit the Lessor to erect, use and maintain pipes and conduits in and through the Leased Premises, provided the same are installed and concealed behind walls and ceilings of the Leased Premises and do not result in any noticeable loss of Lessee's space. All work necessary in connection with the foregoing shall to the extent possible, be done outside of Lessee's regular business hours. The Lessor or its agents shall have the right to enter the Leased Premises to make such repairs or alterations as being Landlord's the Lessor reasonably deems desirable for the proper operation of the Building and shall have the right to enter the Leased Premises at any time on reasonable advance notice to Lessee to examine them or when necessary for the protection of the Leased Premises or the Building. The Lessor, provided it proceeds with due diligence, shall be allowed to take all material into and upon the Leased Premises that may be required for such repairs or alterations without the same constituting an eviction of Lessee in whole or in part and without any abatement or diminution of Fixed Rent or Additional Rent. In the making of such repairs or alterations, the Lessor, to the extent practicable and consistent with efficiency and economy, shall exercise reasonable diligence so as to minimize the disturbance of or interference with the business of Lessee. Nothing herein contained, however, shall be deemed or construed to impose upon the Lessor any obligation, Tenant shallresponsibility or liability whatsoever for the care, at Tenant's sole cost and expense, maintain supervision or repair of the Premises or any part thereof, other than as herein provided. The Lessor shall also have the right at any time, without the same constituting an actual or constructive eviction and without incurring any liability to Lessee therefor, to change the arrangement or location of entrances or passageways, doors and doorways and corridors, stairs, toilets, or other public parts of the Building, provided that no changes shall be made without Lessee's consent where such changes would adversely affect Lessee's ingress and egress to and from the Leased Premises from the street floor or from the lobby of the Building or from the hallway or lobby of the Building. Lessee shall at all times during the term of this Lease, and any extension thereof, permit inspection of the Leased Premises during business hours, by the Lessor and its agents or representatives, or by or on behalf of prospective lessees. Except in the case of emergency, any such inspection will be on at least twenty-four (24) hours' notice. Such inspection will be done in a manner so as not to unreasonably interfere with Lessee in the conduct of its business. (D) Damages resulting from any act of the Lessee or its employees, contractors, agents, licensees or invitees shall be repaired by the Lessee, or, if repaired by the Lessor, all costs shall be charged to the account of the Lessee. (E) All repairs or replacements by Lessee or Lessor shall be of first quality and done in good orderand workmanlike manner. If Lessee is charged with making such repairs, condition restorations and repairreplacements, ordinary wear the contract or chosen by Lessee to do such repairs, restorations or replacements shall be subject to Lessee's approval and tear further, if Lessee shall fail within fifteen (15) days' written request from Lessor to commence the making of such repairs, restorations and damage replacements and complete the work with reasonable diligence, they may be made and completed by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or Lessor but at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the PremisesLessee. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Broadview Networks Holdings Inc)

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above Tenant acknowledges that the premises have been inspected and Paragraph 8A(3) below is fully satisfied and accepts it in its “as being Landlord's obligationis” condition, except as otherwise indicated herein. Tenant shallshall at his own expense, and at Tenant's sole cost and expenseall times, maintain the Premises premises in a clean and sanitary manner including all equipment, appliances, furniture and furnishings therein and shall surrender the same at termination hereof, in as good ordercondition as received, condition and repair, ordinary normal wear and tear excepted. Once notice is given to vacate, Xxxxxx agrees to keep the premises in “show condition”. “Show condition” means as clean, orderly and damage by fire undamaged as when received. Upon vacating, Tenant shall deliver premises vacant and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premisesclean. In the event the premises are returned in condition poor enough to prevent Landlord from re-renting to a qualified new tenant, Tenant shall be responsible for rent lost as well as the cost of restoration of the rental to the condition it was at the commencement of this lease. Tenant shall be responsible for damages caused by his negligence and that of his family, invitees or guests. > PAINT Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligatedpaint, to do such acts and expend such funds at paper or otherwise redecorate without the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use prior written consent of the Premises Landlord. All paints, materials and work plans must be approved in writing by Landlord or his authorized agent. Tenant shall be responsible for paint spills/clean-ups or damages as a result of performing any paint related work. Tenant is responsible for minor repairs such work. (3) Landlord will maintainas light switches, repair and replace all structural components of the Premises and the roof of the Buildingreplacing light bulbs, and if a repairdoorknobs, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principlesbroken windows, then it leaking faucets, minor toilet problems, etc. Repairs resulting less than $250.00 shall be Landlorddeemed minor repairs. Should Tenant neglect maintenance responsibilities, Landlord or agent may assume them on Xxxxxx's responsibility to promptly make behalf and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement expenses incurred by Landlord in connection therewith shall be amortized over the useful life of such item and Tenant agrees additional rent (added rent), payable to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leaseon demand.

Appears in 1 contract

Samples: Lease Agreement

Maintenance and Repairs. (1a) Except for matters specified Landlord shall Maintain the: (i) Building footings, foundations, structural steel columns and girders at Landlord’s sole expense; (ii) Building roof and exterior walls; (iii) Building Systems; and (iv) Common Areas. Costs incurred by Landlord under Paragraph 4 above the foregoing subsections (ii), (iii) and Paragraph 8A(3(iv) below as being will be included in Operating Expenses, provided that to the extent any heating, ventilation and air conditioning system or other Building System, equipment or fixture exclusively serves the Premises, Landlord may elect either to Maintain the same at Tenant’s sole expense and bill Tenant directly or by notice to Tenant require Tenant to Maintain the same at Tenant’s expense. If Xxxxxx becomes aware of any condition that is Landlord's obligation’s responsibility to repair, Tenant shall, at Tenant's sole cost and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces shall promptly notify Landlord of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premisescondition. (2b) In Except as provided in subsection (a) above, Tenant at its sole expense shall Maintain the event that Tenant fails to maintain interior, non-structural portions of the Premises Premises, including, but not limited to, all lighting, plumbing fixtures, walls, partitions, dock doors, loading areas, floors, doors, windows, fixtures and equipment in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In All repairs and replacements by Tenant shall utilize materials and equipment which are comparable to those originally used in constructing the event that Tenant fails to commence such work within 30 days after written demand by LandlordBuilding and Premises. Alterations, repairs and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement replacements to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvementProperty, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result made necessary because of Tenant's ’s Alterations or installations, any use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely or circumstances special or particular to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or its Agents shall be made by Landlord or Tenant as set forth above, but at the sole expense of Tenant to the extent not covered by any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated applicable insurance proceeds paid to furnish under the provisions of this LeaseLandlord.

Appears in 1 contract

Samples: Lease Agreement (Penumbra Inc)

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant Lessee shall, at Tenant's sole cost and its own expense, maintain during the Term, (i) keep the Leased Premises in good orderorder and condition, condition and repair, ordinary reasonable wear and tear and damage by fire and casualty excepted, including: (ii) make all repairs and do all acts of maintenance becoming necessary during the interior surfaces Term in, upon or about the Leased Premises, (iii) replace all worn out and broken parts of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilatinginterior plumbing and electrical systems and equipment as well as the air conditioning and sprinkler systems and equipment, electrical and lighting facilities (iv) install adequate air conditioning and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premisesheating equipment suitable for Lessee’s own purposes. In the event that Tenant fails after ten (10) days’ written notice from Lessor to keep the Leased Premises in good state of condition and repair, or to commence such work within 30 days after written demand by Landlordrequired repairs, or to do any act or make any payment or perform any term or covenant on Tenant’s part required under this Lease or otherwise fails to comply herewith, Lessor may (at its option, but without being required to do so) immediately or at any time thereafter perform the same for the account of Tenant (including entering the Leased Premises at all reasonable hours to make repairs and do any act or make any payment which Tenant has failed to do), and diligently prosecute it if Lessor makes any expenditures or incurs any obligations for the payment of money in connection therewith, such sums paid or obligations incurred shall be deemed to completionbe additional rent hereunder, then Landlord and shall have be paid by Tenant to Lessor within five (5) days of receipt of any bill or statement provided by Lessor to Tenant therefor. All rights given to Lessor in this Section shall be in addition to any other right or remedy of Lessor herein contained. Outdoor Spaces: Lessee shall be permitted to use the right, but paved designated parking area for passenger vehicle parking only and shall keep all driveways free of obstruction. Storage of materials in parking lots or surrounding land shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such workpermitted. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Lendway, Inc.)

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above Concessionaire shall maintain all concession facilities and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, personal property and equipment on the Premises in good condition and repair at TenantConcessionaire's sole cost and expenseexpense at all times during the Term of this Contract. For the purposes of this Contract, the term “maintenance” is defined as all repair and preservation work necessary to maintain concession facilities and personal property and equipment in a good state of repair, as well as to preserve them for their intended purpose for an optimum useful life. Concessionaire shall keep and maintain all equipment, structures, improvements or physical structures of any kind which may exist or be erected, installed or made on the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material asphalt portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled ramp from the parking lot to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by beach and excepting any act or omission of Tenant bike path or any cellular antenna referred to in Section 12.8.) in good and substantial repair and condition, including without limitations capital improvements and structural and roof repairs and replacement, and shall make all necessary repairs, alterations and replacements thereto, except is otherwise provided in this Section 12. Concessionaire shall undertake such repairs, alterations or replacement in compliance with any and all regulations, laws or ordinances of Tenant's servantsthe State of California, employeesCounty of Los Angeles, agentsCity of Los Angeles, contractorsCalifornia Coastal Commission or other governmental body, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusabilitymay be applicable, or (iii) where the repair as reasonably required in question is one which Tenant is obligated writing by Director to furnish under Concessionaire concerning incident to the provisions of this LeaseSection 12. Concessionaire shall maintain all improvements on the Premises (including the asphalt portion of the ramp from the parking lot to the beach and excepting any bike path or any cellular antenna referred to in Section 12.8.) in a safe, clean, wholesome and sanitary condition, to the reasonable satisfaction of Director and in compliance with all applicable laws or ordinances of the State of California, County of Los Angeles, City of Los Angeles, California Coastal Commission or other applicable governmental bodies. Concessionaire specifically agrees to provide proper containers for trash and garbage which are screened from public view, to keep the Usable Premises free and clear of rubbish and litter and to keep the entire Premises, both land and water areas thereof, free and clear of rubbish and litter originating from the Usable Premises. County in its proprietary capacity shall have the right to enter upon and inspect the Premises at any reasonable time for cleanliness, safety and compliance with this Section 12.1., as long as such entrance is not done in a manner which would unreasonably interfere with the operation of the restaurant. Concessionaire’s obligation to maintain and restore is absolute, and is not in any way dependent upon the existence or availability of insurance proceeds, except as otherwise provided in this Section 12. Restoration shall take place in accordance with the provisions of subsections 5.12.2 and 5.12.4.

Appears in 1 contract

Samples: Concession Contract

Maintenance and Repairs. (1) Except The Premises are leased to Tenant in "as-is" condition as of the date hereof. Landlord makes no representation as to the fitness of the Premises for matters specified under Paragraph 4 above any purpose or as to the condition of the Premises, and Paragraph 8A(3) below as being Landlord's obligationLandlord disclaims any implied warranties with respect thereto. Tenant hereby accepts the Premises in "as-is" condition and waives the benefit of any implied warranty of fitness for purpose or condition, Tenant having previously inspected the Premises. Tenant shall, at its own cost and expense, throughout the Term, maintain the Premises in a first-class, safe, clean and sanitary condition, free from infestation and any unreasonable accumulation of trash or refuse. Tenant shall, at its own cost and expense, commence and thereafter diligently prosecute to completion, all necessary maintenance and repairs to the Premises, including, but not limited to, repairs to the roof and all structural components of the improvements on the Premises, all electrical, plumbing, mechanical, HVAC and other systems and units, doors, windows, and glass, landscaping, and paving. All repairs shall be accomplished by Tenant at its sole cost and expense. All of the aforesaid repairs, restorations and/or replacements shall be in quality and class equal to the original work or installation and shall be done in a good and workmanlike manner. Landlord may, but shall not have the obligation to, notify Tenant of any needed repairs of which Landlord becomes aware. In addition, Tenant shall, at Tenant's sole its own cost and expense, maintain obtain a service contract for the maintenance and repair of the HVAC system servicing the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: shall supply the interior surfaces Landlord with a copy of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by same. If Tenant refuses or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails neglects to maintain the Premises in good order, condition and make any repair or perform any maintenance as required under this Lease, Paragraph 7 to the reasonable satisfaction of Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 ten (10) days after written demand by Landlordthat such be done (or after the expiration of such shorter reasonable period in the event of any emergency), and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do may make such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no repairs without liability to Tenant for any reasonable damage, inconvenience loss or interference with damage that may occur to Tenant's use of property in or upon the Premises or to Tenant's business as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be thereof. Upon Landlord's responsibility to promptly make completion of said work and pay for such repairwithin five (5) days following written demand therefor, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay reimburse Landlord for the cost of such repairsaid repairs and/or maintenance, plus fifteen percent (15%) for overhead, plus interest on all sums advanced but not yet reimbursed by Tenant and on the overhead at the maximum rate permitted by law. Notwithstanding anything in this Lease Any costs incurred by Landlord as a result hereof shall be deemed to the contrarybe Additional Rent and, in the event that of non-payment, Landlord shall have all the need rights and remedies as herein provided for repairs or the making non-payment of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this LeaseBase Rent.

Appears in 1 contract

Samples: Lease Agreement (TNR Technical Inc)

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above 7.1 By taking possession of the Premises Tenant agrees that the Premises are then in a good and Paragraph 8A(3) below as being Landlord's obligationtenantable condition. Subject to the terms of Section 1 above, Tenant shall, at Tenant's sole cost ’s expense but under the direction of Landlord, shall repair and expensemaintain the Premises, maintain including the interior walls, floor coverings, ceiling (ceiling tiles and grid), Tenant Improvements, Alterations, fire extinguishers, the portion of Building Systems exclusively serving the Premises (e.g., electrical outlets and fixtures, dedicated HVAC equipment, distribution systems and registers) and any appliances (including dishwashers, hot water heaters and garbage disposers) in the Premises, in good working condition (but in no event in a condition worse than the condition existing as of the date on which Landlord delivered possession of the Premises to Tenant), and keep the Premises in a clean, safe and orderly condition. 7.2 Landlord shall maintain or cause to be maintained in reasonably good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces structural portions of the ceilingsroof, foundations, floors and exterior walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage portion of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is Systems not covered by insurance proceedsTenant’s obligations in Section 7.1, Tenant will pay for and the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion public and common areas of the Premises unusable for more than three consecutive business daysProperty, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusablesuch as elevators, stairs, corridors and restrooms; provided, however, that Tenant shall not be entitled to a pro rata abatement pay the cost of rent under repairs for any damage occasioned by Tenant’s use of the foregoing due to unusability (i) caused directly Premises or indirectly by the Property or any act or omission of Tenant or Tenant’s Representatives or Visitors, to the extent not covered by the proceeds of Landlord’s property insurance. Landlord shall be under no obligation to inspect the Premises. Tenant shall promptly report in writing to Landlord any defective condition known to Tenant which Landlord is required to repair. As a material part of the consideration for this Lease, Tenant hereby waives any benefits of any applicable existing or future Law, including the provisions of California Civil Code Sections 1932(1), 1941 and 1942, that allows a tenant to make repairs at its landlord’s expense. 7.3 Landlord hereby reserves the right, at any time and from time to time, without liability to Tenant, and without constituting an eviction, constructive or otherwise, or entitling Tenant to any abatement of rent or to terminate this Lease or otherwise releasing Tenant from any of Tenant's servants’s obligations under this Lease: (a) To make alterations, employeesadditions, agentsrepairs, contractorsimprovements to or in or to decrease the size of area of, visitors all or licenseesany part of the Building, the fixtures and equipment therein, and the Building Systems; (iib) where Tenant makes a decorationTo change the Building’s name or street address; (c) To install and maintain any and all signs on the exterior and interior of the Building; (d) To reduce, alterationincrease, improvement enclose or addition which directly causes otherwise change at any time and from time to time the size, number, location, lay-out and nature of the Common Areas (including the Parking Facility) and other tenancies and premises in the Property and to create additional rentable areas through use or enclosure of common areas; and (e) If any governmental authority promulgates or revises any Law or imposes mandatory or voluntary controls or guidelines on Landlord or the Property relating to the use or conservation of energy or utilities or the reduction of automobile or other emissions or reduction or management of traffic or parking on the Property (collectively “Controls”), to comply with such unusabilityControls, whether mandatory or voluntary, or make any alterations to the Property related thereto. (iiif) where In exercising its rights under this Section 7.3, Landlord agrees to use commercially reasonable efforts to minimize any interruption to or disruption of Tenant’s use of the repair in question is one which Tenant is obligated to furnish under the provisions of this LeasePremises.

Appears in 1 contract

Samples: Lease Agreement (Inpixon)

Maintenance and Repairs. Landlord shall keep the foundation, roof, and the structural portions of the exterior walls (1excluding doors, windows, door and window frames, floors, glass, sprinkler system, lighting equipment and facilities, mechanical, electrical and plumbing systems and equipment, all of which shall be Tenant’s responsibility) of Tenant’s Premises in good repair, except that Landlord shall not be called on to make any such repairs caused by the act or failure to act, whether negligent or otherwise, of Tenant, its agents, invitees, customers, licensees, employees, or service contractors. Except for matters specified under as provided in this Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation20 of the Lease, Landlord shall not be obligated to make any repairs, replacements or improvements of any kind upon the Premises, but Tenant shallshall give Landlord prompt written notice of any accident, casualty, damage or other similar occurrence in or to the Premises or the common areas of which Tenant has knowledge. Tenant, at Tenant's its sole cost and expense, shall at all times maintain said Premises, its fixtures, equipment, systems, and utility lines (including any equipment, systems and/or utility lines located outside of the Premises which solely serve Tenant) in good order, condition and repair, and also in a clean, orderly, sanitary and safe condition, and also in accordance with all directions, rules and regulations of the health officer, fire marshal, building inspector or other proper officers of the governmental agencies having jurisdiction. Tenant shall at its own cost and expense operate, maintain and repair the heating, air conditioning, ventilation and other equipment, and shall replace all or any portion of such equipment which cannot be fully repaired, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall cause the heating, air conditioning and ventilation equipment to be inspected and maintained by a qualified mechanic not less than twice annually during the Term and shall provide Landlord with satisfactory evidence of each such inspection within thirty (30) days after such inspection is conducted. If Tenant fails to provide Landlord with evidence of the inspection and maintenance of the heating, air conditioning and ventilation equipment as required hereinabove, Tenant shall pay to Landlord upon demand the same late charge fee assessed for late payment of Minimum Guaranteed Rent for each such failure. If Tenant serves or prepares food on the Premises, Tenant shall contract with a reputable firm for monthly pest control. Tenant, at its cost and expense, shall comply with all requirements of law, ordinances and otherwise, affecting the Premises and shall permit no waste, damage, or injury to said Premises. Tenant shall at its cost and expense replace any broken or cracked doors and plate or window glass (including any glass with holes) in the Premises with materials of like kind and quality. All maintenance, repairs and replacements shall be accomplished in a good and workmanlike manner. Tenant shall also initiate and carry out a program of regular maintenance and repair of the Premises, including, but not limited to, the painting or refinishing of all areas of the interior of the Premises and maintaining or replacing of all items on display used in the conduct of Tenant’s business, so as to impede, to the extent possible, deterioration by ordinary wear and tear and damage by fire and casualty excepted, including: to keep the interior surfaces of same in attractive condition throughout the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Term. If Tenant fails to maintain the Premises in good order, condition and repair as required under this Leaseherein, Landlord may, on ten (10) days prior notice (except no notice shall give Tenant prior written notice to do such acts as are be required to so maintain in case of emergency) enter the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, Premises and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no repair and maintenance on behalf of Tenant, without liability to Tenant for any reasonable damageloss or damage that may accrue to Tenant’s merchandise, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration fixtures or other change would be considered a capital improvement property, or replacement to the Premises under generally accepted accounting principlesTenant’s business, then it by reason or as result thereof. In such case, Tenant shall be Landlord's responsibility to promptly make and pay reimburse Landlord for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share one hundred fifteen percent (which shall be determined by dividing the square footage of the Building by the square footage 115%) of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made costs incurred immediately upon receipt by Tenant as set forth of Landlord’s demand therefor. In order to coordinate services for tenants in Paragraph 4 above. the Shopping Center, Landlord may assume the responsibility for regularly maintaining and repairing Tenant’s heating and air conditioning and ventilation system, in which case Landlord shall do all acts required use good faith efforts to comply with all applicable laws, ordinances, regulations and rules of any public authority relating provide such services at a cost equivalent to or lower than the Premises, except to cost Tenant would incur if it contracted for the extent that the foregoing are solely a result of Tenant's use of the Premisesservices. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules reimburse Landlord for Tenant’s equitable share of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs services within ten (or both10) which Landlord is obligated to effect at days after Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease’s demand therefor.

Appears in 1 contract

Samples: Lease Agreement (Old Line Bancshares Inc)

Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises shall keep in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use all portions of the Premises that require such care as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of and normal wear and tear. Tenant's maintenance and repair obligations shall include but not be limited to plumbing, heating, electrical, lighting facilities and equipment within the Premises, fixtures, walls, foundations, ceilings, roofs, floors, windows, doors, plate glass and skylights located in or on any structures and all landscaping, driveways, parking lots, fences, signs, sidewalks and parkways on the Premises. All repairs and maintenance by Tenant shall do be made only by a licensed, bonded contractor. Landlord may impose reasonable restrictions and requirements with respect to such repairs, and the provisions of Article 9 and Section 48.9 shall apply to all acts required such repairs. Tenant shall indemnify, defend and hold Landlord harmless from and against all actions, claims, and damages by reason of Tenant's failure to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premisesforegoing provisions. If a repair is required Except as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease expressly provided herein to the contrary, Landlord shall have no maintenance and repair obligations with respect to the Premises. (b) Without limiting the generality of subsection (a) above, Tenant shall maintain, repair and replace the heating, ventilating and air conditioning system in the event that Building at Tenant's cost using a licensed air conditioning firm. Tenant shall contract with such firm to perform periodic inspections, and any maintenance, repair and replacement recommended as the need for repairs or result of such inspections, on a periodic basis as recommended by manufacturer's manuals. (c) For the making purposes of repairs Tenant's covenants set forth in Article 9 and this Section 48.8, it is understood and agreed that: (or bothi) which Landlord is obligated to effect at Landlord's expense renders a material portion At the expiration of the Premises unusable for more than three consecutive business daysLease term, then the heating, ventilating and air conditioning ("HVAC") system servicing Building A shall be in good working condition. Good working condition shall take into account the age of the system as of the date hereof and as of the expiration of the Lease term. Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; providednot, however, be required to make additions to the HVAC system to extend the useful life of the HVAC system to any particular term. (ii) The periodic inspections and maintenance required by subsection (b) above shall be at least once per calendar quarter and shall be performed by a licensed HVAC maintenance firm approved by Landlord. Such inspection and maintenance shall include replacement of parts as necessary to keep the system in good working order. (iii) Landlord shall be responsible for any required replacement of electrical and mechanical equipment in the Premises to the extent that such replacement is the result of the negligence or intentional act of Landlord, its agents, employees or contractors. (iv) In no event shall Tenant shall not be entitled responsible to maintain Building A or the Premises to a pro rata abatement condition other than that which would result from normal wear and tear for a building of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission age and quality of Tenant or any the Building and with a tenancy of the duration of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions occupancy of this Lease.Building A.

Appears in 1 contract

Samples: Lease Agreement (Emulex Corp /De/)

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