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

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

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

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

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

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

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

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

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 ▇▇▇▇▇▇▇▇, 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. ▇▇▇▇▇▇▇▇’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

Sources: Lease Agreement, Lease Agreement, Lease Agreement

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

Sources: 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 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

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

Sources: Asset Transfer Agreement, Asset Transfer Agreement, Lease Agreement

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 ▇▇▇▇▇▇’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

Sources: Lease Agreement, Lease Agreement

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

Sources: Ground Lease Agreement, Ground Lease Agreement

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

Sources: Office Lease (Carbon Black, Inc.), Office Lease (Carbon Black, 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, ▇▇▇▇▇▇’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 ▇▇▇▇▇▇ 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

Sources: Right of Way Use Agreement, Right of Way Use Agreement

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

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

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

Sources: Lease Agreement, Lease Agreement

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

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

Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above Landlord shall Maintain the Building footings, foundation, structural steel columns and Paragraph 8A(3girders (the “Building Structure”) below at Landlord’s sole expense. Subject to reimbursement 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 Leasean Operating Expense, Landlord shall give Maintain: (i) the exterior utility lines and facilities to the point of connection to/distribution within the Building (unless maintained by the applicable utility company); (ii) the Building (including the roof but excluding the Building Structure), including the Premises (except to the extent of Tenant’s obligations set forth in Section 9(b) hereof); (iii) the Building Systems; (iv) the Common Areas; and, (v) any other improvements owned by Landlord located on the Property. If Tenant prior written notice becomes aware of any condition that is Landlord’s responsibility to do repair, replace or maintain, Tenant shall promptly notify Landlord of 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 LandlordMoreover, 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 regardless of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant who bears responsibility 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 maintenance, Tenant shall immediately notify Landlord if Tenant becomes aware of any areas of water intrusion or other change would be considered a capital improvement mold growth in or replacement to about 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 changePremises. The cost of any repairs to the Common Areas will be included as an Operating Expenses, except where the repair has been made necessary by misuse or neglect by Tenant or Tenant’s Agents, in which event Landlord will nevertheless make the repair but Tenant will pay to Landlord, as additional Rent, upon demand, the cost incurred by Landlord to complete such capital improvement shall repairs. “Maintain” means to provide such maintenance, repair and, to the extent necessary and appropriate, replacement, as may be amortized over needed to keep the useful life of subject property in good working order or condition. Maintenance also includes utilizing such item building-performance assessment tools and Tenant agrees to pay energy-optimizing practices that Landlord in its percentage share (which shall be determined by dividing the square footage of discretion reasonably deems necessary and appropriate for planning, designing, installing, testing, operating and maintaining the Building by the square footage of all buildings benefitted by such improvementSystems and Common Areas in an energy efficient manner and providing a safe and comfortable work environment, including with a view toward achieving improved overall Building performance and minimizing the Building) of ’s impact on the annual amortized amountenvironment. Such payment will be made by Tenant as “Building Systems” means any electrical, mechanical, structural, plumbing, HVAC, sprinkler, life safety or security systems serving the Building. Notwithstanding anything to the contrary set forth in Paragraph 4 abovethis Section 9(a), if any part of the Building’s roof or structure or any Building Systems requires repair or replacement during the eighteen (18) months commencing on the Commencement Date, Landlord shall cause such repair or replacement to be made at its cost and expense and not as an Operating Expense. Landlord shall do may engage a HVAC service contractor at Landlord’s sole discretion, to perform routine maintenance of all acts required to comply with all applicable lawsBuilding HVAC units, ordinances, regulations and rules of any public authority relating to including those serving 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 which is subject 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 reimbursement by T▇▇▇▇▇ as 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 LeaseOperating Expense.

Appears in 2 contracts

Sources: Lease Agreement (Caris Life Sciences, Inc.), Lease Agreement (Caris Life Sciences, Inc.)

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

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

Sources: Asset Transfer Agreement, Asset Transfer Agreement

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

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

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

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

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 replace as necessary, the Demised Premises, including but not limited to the heating, air conditioning and damage ventilation systems, glass, windows and doors, sprinkler, all plumbing and sewage systems, fixtures, interior walls, wall finishes, floors (including floor slabs), ceilings, columns, storefronts, plate glass, skylights, pipes, mains, water and sewer connections, truck docks and doors, dock bumpers, dock plates, levelers, entrance doors, door jams, all electrical facilities and equipment including, without limitation, lighting fixtures, lamps, fans and any exhaust equipment and systems, electrical motors, and all other appliances and equipment (including, without limitation, dock levers, dock shelters, dock seals and dock lighting) of every kind and nature located in, upon or about the Demised Premises and return the same to Landlord in the condition required under Section 32(b) hereof. All such maintenance, repairs and replacements shall be of first class quality and sufficient for the proper maintenance and operation of the Demised Premises. Tenant shall keep and maintain the Demised Premises safe, secure and clean, specifically including, but not by fire way of limitation, removal of waste and casualty exceptedrefuse matter. Tenant shall not permit anything to be done upon the Demised Premises (and shall perform all maintenance and repairs thereto so as not) to invalidate, in whole or in part, or prevent the procurement of any insurance policies which may, at any time, be required under the provisions of this Lease. Tenant shall not obstruct or permit the obstruction of any parking area, adjoining street or sidewalk. During the Term, Tenant shall maintain in full force and effect a service contract for the maintenance of the heating, ventilation and air conditioning systems with an entity acceptable to Landlord. Such service contract shall conform to the requirements under the warranty, if any, on said systems, including: the interior surfaces , but not limited to, replacement of filters as necessary and provide for at least quarterly inspections and cleaning of the ceilingsapplicable units, systems and equipment, together with such adjustments and servicing as each such inspection discloses to be recommended or required. Tenant shall deliver to Landlord (i) a copy of said service contract prior to the Commencement Date, and (ii) thereafter, a copy of a renewal or substitute service contract within thirty (30) days prior to the expiration of the existing service contract, and (iii) upon Landlord’s request, a copy of the service log reflecting all services performed under such service contract. (b) Subject to the provisions of Sections 20 and 21, Landlord shall maintain in good condition and repair the (i) Common Areas (including the Tenant Parking Area), (ii) gutters, (iii) roof, (iv) foundation (beneath the floor slab) and structural frame of the Building and (v) the structural soundness of all exterior walls at Landlord’s cost; provided, however, that the roof, Common Area and floorsTenant Parking Area repair and replacement (but repairs or replacements of the foundation or structure of the Building) shall be deemed an Operating Expense payable by Tenant to the extent permitted under Section 6(a) of this Lease. Landlord’s obligation shall exclude the cost of any maintenance or repair required because of the act or negligence of Tenant or any of Tenant’s subsidiaries or affiliates or subtenant(s), or any of Tenant’s or such subsidiaries’ or affiliates’ or subtenant(s)’ agents, contractors, employees, licensees or invitees (collectively, “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) or any other provision of this Lease, any Tenant Change (as defined in Section 19 hereof). (c) Notwithstanding anything in Sections 6(a) and 10.1(a) to the contrary, Landlord shall be responsible for the repair or replacement, as determined in Landlord’s reasonable discretion, of any material defects to the (i) electrical, gas, water, telecommunications, and sewer service extending from the main service connection to the Building, to the extent such services are located on the Property; all doors and interior windows; furnishings installed (ii) mechanical services within the Demised Premises; all equipment installed by or at , including, (1) the expense of Tenant; and all plumbing, heating, ventilatingelectrical lines, electrical components and lighting facilities lighting, and (2) the plumbing and drain/sewer line, sprinkler system and fixtures; all landscaping(iii) the roof, foundation and walls of the Building; (iv) the parking lotslot and entry drives servicing the Demised Premises, fences including lighting and signs located striping; (v) the docks within the Demised Premises. , including all improvements thereto; (2vi) In all flooring within the event that Demised Premises; (vii) all heating, ventilation and cooling systems servicing the Demised Premises; (viii) all other improvements to the Demised Premises, except for the Pre-Term Tenant fails Alterations (as defined in Exhibit “C” hereto) and any Tenant Changes; and (ix) all other structural components serving the Demised Premises as of the date hereof (collectively referred to maintain herein as, the Premises in good order, condition and repair as required “Landlord Warranty Items”) for a period of one (1) year from the Commencement Date (“Warranty Period”). Landlord’s obligations under this Lease, Section 10(c) shall only apply to the Landlord shall give Tenant prior written notice to do such acts Warranty Items serving the Demised Premises as are required to so maintain of the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, Commencement Date 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 obligation or responsibility to repair or replace the Landlord Warranty Items after the Warranty Period or any equipment, mechanical or other items installed to service the Demised Premises in connection with the Improvements as provided in Exhibit “C” hereto or at any time thereafter. Tenant shall promptly notify Landlord of any warranty claim and provide Landlord with its full cooperation and access to the Demised Premises, as necessary for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing Landlord to complete any such work. (3) Landlord will maintain, repair and replace all structural components of Warranty Item repairs. Landlord’s obligation shall exclude 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 repair or replacement of any damage or defects arising because of (i) the act, misuse or negligence of Tenant or any of Tenant’s Affiliates, or (ii) failure of Tenant to properly maintain such capital improvement shall be amortized over items as required herein, the useful life cost of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage responsibility of the Building by the square footage of all buildings benefitted by such improvementTenant. In addition, 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 have no obligation to comply with all applicable laws, ordinances, regulations and rules of repair or replace any public authority relating to the PremisesLandlord Warranty Items that have been modified or repaired by Tenant, except to the extent that the foregoing such modifications or repairs made by Tenant 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 pursuant 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 ’s maintenance obligations under this Lease Lease. (d) Except to the contraryextent caused by Landlord’s negligence, 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 liable 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 to any other person for any damage occasioned by failure in any utility system or by the bursting or leaking of Tenant's servants, employees, agents, contractors, visitors any vessel or licensees, (ii) where Tenant makes a decoration, alteration, improvement pipe in or addition which directly causes such unusabilityabout the Demised Premises, or (iii) where for any damage occasioned by water coming into the repair in question is one which Tenant is obligated to furnish under Demised Premises or arising from the provisions acts or neglects of this Leaseoccupants of adjacent property or the public.

Appears in 2 contracts

Sources: Industrial Lease Agreement (Source Interlink Companies Inc), Industrial Lease Agreement (Source Interlink Companies 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 ▇▇▇▇ 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

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

Sources: Commercial Lease, Commercial Lease

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, ▇▇▇▇▇▇ hereby agrees to diligently attempt to contact Landlord, or the Building manager whom ▇▇▇▇▇▇ 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

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

Sources: Commercial Lease Agreement (Signal Advance Inc), Commercial Lease Agreement (Signal Advance 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 ▇▇▇▇▇▇▇▇’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 ▇▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇’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

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

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 i▇▇▇▇▇▇ 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

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

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above The Tenant shall maintain and Paragraph 8A(3repair to the standards of a prudent tenant the Premises at its own expense and keep them in a clean and sanitary condition in accordance with all laws, directions, rules and regulations of the authorities having jurisdiction. 2) below as being If the Landlord is advised of an issue that is the 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 responsibility to remedy 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 rectify under this Lease, and where it is a health and safety issue or impeding operational requirements, and corrective action is not taken within seven (7) business days, then the Tenant will undertake any means necessary to correct the deficiency and invoice the Landlord for all costs incurred, plus a 20% administration fee. 3) Property Services Branch staff of the Tenant shall be granted fair and reasonable access to inspect or carry out necessary repairs as required under subsection 2) herein. 4) The Tenant, at its option, in conjunction with its Property Services Branch staff and upon not less than 48 hours notice to the Landlord, shall be entitled to complete a full inspection semi-annually of the Building to ensure the Building and Premises are in compliance with all rules and regulations of the authorities having jurisdiction. 5) The 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 responsible 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 major building components of the Premises and the roof of the Building, including but not limited to routine maintenance, repairs and/or replacement therefor, save 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 responsible for preventative maintenance, repair and/or replacement of any bay doors dedicated to EMS vehicles, including conducting of semi-annual inspections of bay doors. 6) The Landlord may enter the Premises to view the state of repair. Where an abatement inspection reveals repairs are necessary and required by the Lease to be done by the Tenant, the Landlord shall give the Tenant notice. The Tenant shall, within fifteen (15) days from delivery of rent commencing with the fourth business day that the same are unusable; providednotice, 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 unusabilitymake, or (iii) where commence making and diligently proceed to complete the repair repairs in question is one which Tenant is obligated a good and workmanlike manner. In addition to furnish under the provisions any other provision of this Lease, the Landlord may enter the Premises and perform any repairs, which the Tenant has failed to make under this Section 8.

Appears in 1 contract

Sources: Lease Agreement

Maintenance and Repairs. (1) Except The Landlord shall be responsible 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 maintenance of the ceilingsbuilding structure, walls building roof structure, building roof insulation, building roof decking, building roofing, HVAC, hot water heater and floors; all doors mechanical system(s), exterior brick / CMU block finish of building, the common area(s) and interior windows; furnishings installed the parking lot, with the cost of such maintenance to be included 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. (2building Tenant(s) 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 PremisesCAM charges / property CAM reserves. In the event that the negligence or willful actions of Tenant fails 1, its invitees, contractors or agents causes damages to commence such work within 30 days after written demand the leased premises, the building, common areas or parking lot owned by the Landlord, Tenant 1 shall be liable for any damages and diligently prosecute it claims above and beyond the regular dues charged as CAM, with Tenant 1 to completionbe responsible for such costs by payment as additional rent, then within 10 days of receipt of an invoice. All other maintenance and repairs of leased premises shall be performed by Tenant 1, at its own sole expense, including all necessary repairs to electrical systems, window glass, doors, fixtures, interior decorations, and all other appliances and appurtenances belonging thereto which are not specifically the obligation of the Landlord as set forth herein. Such repairs and replacements, interior and exterior, ordinary as well as extraordinary, shall have be made promptly, as and when necessary. All such repairs and replacements shall be in quality and class at least equal to the rightoriginal work. On default of Tenant 1 in making such repairs or replacements, the Landlord may, but shall not be obligatedrequired to, to do make such acts repairs and expend such funds replacements for Tenant 1, and the expense thereof shall constitute and be collectable as additional rent, together with interest thereon at the expense rate of eighteen percent per annum until paid. Tenant as are reasonably required to perform such work1 shall not allow or permit any waste on the leased premises, and shall keep the leased grounds (Main Street frontage inclusive, excluding alley & parking area) free from accumulations of trash or debris. The Landlord shall have no liability to Tenant be responsible for any reasonable damage, inconvenience or interference with Tenant's use periodic washing of the Premises as a result of performing any such work. (3) Landlord will maintainMain Street façade. Tenant 1 shall be responsible for ground floor elevation snow removal, repair watering and replace all structural components maintaining the landscaped area within Main Street associated with the leased premises. Tenant 1 shall be solely responsible for completing permitting of the Premises leased space and the roof of the Buildingmodifying any existing walls, and if a repairelectrical, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principlesglass, then it shall be Landlord's responsibility to promptly make and pay for such repairceiling, replacementplumbing, alteration or other changeetc. 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, installed 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 area.

Appears in 1 contract

Sources: Lease Agreement

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; and (ii) the replacement, as needed, of batteries in the smoke detectors and light bulbs in the Premises which shall be the responsibility of Resident. Please note we do not connect water lines to our refrigerators to prevent the freezing of water lines. If there is an ice maker in the freezer it is for the storage of ice only. During the move-in period, ▇▇▇▇▇▇▇▇ will retain the right to have 5 business days upon the first person checking in (not lease start date) to resolve any/all deferred maintenance and/or cleaning that the tenant(s) feel have not been addressed correctly. There will NOT be any allowance for withholding current and future rent under ANY circumstances. Typically, maintenance staff stands by an expected turnaround time for basic maintenance issues of up to 72 business hours, unless the issue is a result life threatening emergency. During our peak periods of performing move-ins, this can be stretched to 5 business days. Maintenance hours are Monday- Friday from 8:30AM – 4:30PM. All questions, concerns, requests and emergencies (maintenance related or otherwise), must be submitted through the online maintenance request portal in order for it to be on file and officially recognized by the correct department. Without following the above protocol, ▇▇▇▇▇▇▇▇ will not be responsible for failure to respond. 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. Resident shall promptly inform ▇▇▇▇▇▇▇▇, or its agent, in writing, of any such work. (3) Landlord will maintain, repair and replace all structural components of necessary repairs which need to be performed by Landlord. 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 thirty (30) 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 a late fee of rent commencing with the fourth business day that the same are unusable; provided$35 per month. 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 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 outstanding repairs. ▇▇▇▇▇▇▇▇’s sole obligation is to be reasonably diligent in question is one which Tenant is obligated Landlord’s effort to furnish under the provisions of this Leaseexecute necessary maintenance repairs.

Appears in 1 contract

Sources: 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, shall at Tenant's sole cost and expense, maintain expense keep the Premises in good order, condition and repair; damage thereto from causes beyond the reasonable control of Tenant and ordinary wear and tear excepted. All damage or injury to the Premises or the Building in which the same are located, caused by the act or negligence of Tenant, its employees, agents or visitors, shall be promptly repaired by Tenant at its sole cost and expense, to the satisfaction of Landlord. Landlord may make any repairs which are not promptly made by Tenant and charge Tenant for the cost thereof. Tenant shall upon the expiration of sooner termination of the term hereof surrender the Premises to Landlord in the same condition as when construction of Tenant Improvements was completed, ordinary wear and tear and damage by fire and casualty excepted, including: from causes beyond 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 reasonable control of Tenant as are reasonably required to perform such workexcepted. Landlord shall have no liability obligation to shampoo or replace the carpeting or draperies of the Premises during the term or any extension thereof. Landlord shall have no obligation to alter, remodel, improve, repair, decorate, or paint the Premises or any part thereof, and the parties hereto affirm that that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth. (b) Anything contained in the foregoing Paragraph (a) to the contrary notwithstanding, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, and electrical systems installed or furnished by Landlord. If such maintenance and repairs are caused in part or whole by the act, neglect, fault or omission of any duty by Tenant, its agents, servants, employees or visitors, Tenant shall pay to Landlord upon demand the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any reasonable damagefailure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 19 hereof, inconvenience there shall e no abatement of rent and no liability of Landlord by reason of any injury to 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 business arising from the making of any repairs, alterations, or improvements in or to any portion of the building or the Premises or in or to fixtures, appurtenances, and equipment therein. Tenant waives the right to make repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion under Subsection 1 of Section 1932, Sections 1941 and 1942 of the Premises unusable for more than three consecutive business daysCalifornia Civil Code, 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 servantsother such law, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusabilitystatute, or (iii) where the repair ordinance now or hereafter in question is one which Tenant is obligated to furnish under the provisions of this Leaseeffect.

Appears in 1 contract

Sources: Lease Agreement (Tickets Com Inc)

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall7.1 Lessor, at Tenant's sole cost and his expense, shall maintain the Premises roof, structural walls, foundation and underground plumbing and other underground facilities serving the Building in good order, operating condition and repair, ordinary wear shall make all necessary 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 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 unusablereplacements thereto; provided, however, that Tenant shall Lessor's obligations under this Section 7.1 are solely for the normal maintenance of such structural parts and underground facilities and for the correction of structural defects, if any, not be entitled to a pro rata abatement of rent under caused by the foregoing due to unusability (i) caused directly or indirectly by any negligence, wilful act or omission improper use of Tenant the Leased Premises by Lessee or any of Tenant's servantsits agents, employees, agentsrepresentatives or invitees. 7.2 Lessee, contractorsat its expense, visitors shall maintain all interior and exterior parts of the Building and the rest of the Leased Premises not required to be maintained by Lessor pursuant to Section 7.1 in good repair and in clean, orderly operating condition and shall make all necessary repairs and replacements thereto, including, without limitation, all walls, partitions, windows, and all electrical, heating, ventilating, air conditioning and above-ground plumbing and other above-ground facilities, systems and equipment, driveways and parking areas, shall keep all interior and exterior areas of the Leased Premises painted, clean and clear of debris, snow and obstructions and shall mow the lawns and maintain all landscaping in a neat and orderly condition. Lessee shall take such action as is necessary to protect the facilities, systems and equipment of the Leased Premises from damage or licenseespremature wear, (ii) where Tenant makes a decorationtear or depreciation caused by its activities so that such systems, alterationfacilities and equipment shall function normally throughout their normal useful lives. 7.3 In the event Lessee fails to make any repairs or to perform any maintenance required under Section 7.2 within 10 days after Lessor gives Lessee notice requesting the same, improvement or Lessor, in addition which directly causes to his remedies under Section 14, may, at his sole discretion, make such unusabilityrepairs and perform such maintenance for Lessee's account and at Lessee's expense, or (iii) where the repair and Lessee shall reimburse Lessor for any and all costs and expenses incurred by Lessor in question is one which Tenant is obligated to furnish under the provisions of this Leasemaking such repairs and performing such maintenance promptly upon demand by Lessor.

Appears in 1 contract

Sources: Lease Agreement (Pharmaceutical Product Development Inc)

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligationDuring the Lease Term, Tenant shall, at Tenant's sole cost shall keep and expense, maintain the Premises Leased Property and all Improvements (including landscaping) thereon in a good orderclean, condition sanitary and repairsafe condition, ordinary reasonable wear and tear and damage by fire and casualty excepted, including: and shall make all necessary repairs thereto and replacements thereof, interior and exterior, structural and non-structural. Nothing contained in the interior surfaces preceding sentence shall be construed to limit or restrict Tenant's right to remove the Shark Club Improvements in accordance with and subject to Section 6.01 of the ceilingsthis Lease. All repairs and replacements shall be performed and installed promptly in a good and workmanlike manner and in compliance with all applicable building, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; zoning and all plumbingother laws, heatingstatutes, ventilatingordinances, electrical orders, rules, regulations, requirements, permits and lighting authorizations of all federal, state, county and municipal governmental authorities. Tenant shall be responsible for the repair and maintenance of all sidewalks, driveways and parking areas on the Leased Property, whether significant or insignificant, anticipated or unanticipated. Tenant's maintenance, repair and replacement obligations of this Section 9.01 shall extend to and include the repair and replacement of all underground and overhead utility and service lines, facilities and fixtures; all landscapingsystems, parking lotswhether or not located on the Leased Property (including gas, fences electrical, water, sewer, telephone and signs community antenna television systems servicing the Leased Property but located within rights-of-way adjoining the Premises. (2) In Leased Property), unless and except to the event that extent such utility and service lines facilities and systems are required to be and are in fact maintained by the provider of such utility or service. If Tenant fails to keep and maintain the Premises Leased Property in good ordera clean, sanitary and safe condition or if Tenant fails to commence or complete any necessary repairs or replacements promptly and repair as required under this Leaseadequately, Landlord may, but shall give Tenant prior written notice to do such acts as are not be required to so maintain the PremisesLeased Property and to make and complete such repairs and replacements on Tenant's behalf after giving Tenant ten days notice of Landlord's intention to perform or cause the performance of such maintenance, repair or replacement work on Tenant's behalf. In If Landlord pays any amount for the event that maintenance of the Leased Property or for necessary repairs or replacements on Tenant's behalf in accordance with the preceding sentence, Tenant fails shall immediately reimburse and pay to commence such work within 30 days after written demand by Landlord, upon demand, as Additional Rent, an amount equal to all expenses and diligently prosecute it to completionexpenditures incurred in connection with such maintenance, 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 Leasereplacements.

Appears in 1 contract

Sources: Ground Lease (Grand Casinos Inc)

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligationA. During the term of this Lease, Tenant shallTenant, at Tenant's sole cost and its expense, shall maintain the interior of the Premises in good ordercondition, condition and repair, ordinary wear and tear working order by (i) performing routine maintenance service to the electrical and damage by fire and casualty exceptedplumbing systems, including: (ii) maintaining the interior surfaces paint and decorations, interior floor finish and coverings, (iii) performing routine maintenance to the commodes, lavatories, and other plumbing fixtures which are exposed in the interior of the ceilingsPremises, walls and floors; all (iv) repairing and if necessary replacing venetian blinds, curtains and drapes, interior doors and window frames and replacement of all interior windows; furnishings installed within broken and cracked glass. However, notwithstanding the Premises; all equipment installed by or at the expense of Tenant; and all plumbingabove, 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 responsible 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 maintenance expenses required as a result of Tenant's negligence damage caused by Landlord or by Landlord’s agents, or employees, and/or for repairs necessitated by damage due to fire or other casualty covered by fire and extended coverage insurance, or for major repairs or replacements to the Premises and/or the systems servicing the same. Since Landlord will be obtaining a maintenance contract with respect to the HVAC system, Tenant shall not be required to perform any maintenance, repair or other services in connection therewith. However, Tenant agrees that it will be responsible for routine maintenance and repair to the Drive Through Area Canopy and that it will be required to replace all light bulbs installed in the Drive Through Area Canopy. Tenant shall also be responsible for periodic power washing of oil or grease staining of the concrete pads located underneath the Drive Through canopy. For the purpose of this clause a major repair shall be the cost of any repair or replacement which exceeds the sum of Five Hundred Dollars ($500.00) for any single repair or replacement made to any part of the Premises or to one of the above referenced systems, in which case Tenant will not be responsible for all or any part of the cost of such repair or replacement. Further, for the purpose of this section, a major repair shall include the cost of any repairs or replacements exceeding the sum of Five Hundred Dollars ($500.00) in the aggregate with respect to any number of repairs made to any one part of the Premises or any one system during any lease year, in which case Tenant shall only be responsible to pay a total sum which will not exceed $500.00 for such repairs. Landlord at its expense shall maintain the exterior and the structural soundness of the Building, the Premises and the Property, including, but not being limited to, the roof, walls, foundation, and other structural portions, and parking areas, sidewalks and other surfaced and/or blacktopped areas including, the Drive Through Area, in good condition and repair. Except for such routine maintenance responsibilities which are allocated to Tenant immediately above, Landlord shall also be responsible for making all necessary repairs and replacements to the HVAC, electrical, plumbing and sewer systems servicing the Premises, keeping all mechanical equipment furnished by Landlord in connection therewith, and any water, gas or electrical lines or conduits servicing the Premises in good operating condition and for making any necessary repairs and/or replacements thereof. Landlord further covenants to make repairs to the HVAC, plumbing, sewer and the electrical systems and to the interior of the Premises, resulting from structural defects or Landlord’s failure to maintain, repair or make necessary or prudent replacements of parts thereof. Landlord further agrees that if any part or condition of the Premises shall violate the Occupational Safety and Health Act of 1970, the AWDA, or any environmental laws having jurisdiction over or applicable to the Premises and the land within or upon which the Premises is not covered by insurance proceedslocated, or any rule, regulation or standard promulgated under any or upon which the Premises is located, or any rule, regulation or standard promulgated under any of the above, or any other statutes, ordinances, rules or regulations applicable to the Premises, Landlord shall be responsible for correction and abatement of the same and will save Tenant will pay harmless from any such violation relating to any portion of the Premises which Landlord is obliged to maintain, or from any structural changes or improvements to be made thereto. Tenant agrees to reimburse Landlord for the cost of any 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 occasioned by any Tenant’s negligent act or omission of Tenant omission, or any of by unusual wear and tear, negligent acts or intentional acts, occasioned by Tenant's servants’s business invitees, customers, employees, or 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 Leaseprovided same are not covered by Landlord’s insurance.

Appears in 1 contract

Sources: Assignment and Assumption of Lease (Ohio Legacy Corp)

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above Tenant shall properly use, operate and Paragraph 8A(3) below as being Landlord's obligationsafeguard Premises, Tenant shallincluding if applicable, at Tenant's sole cost any landscaping, furniture, furnishings and expenseappliances, maintain and all mechanical, electrical, gas and plumbing fixtures, and smoke alarms, and keep them and the Premises in good orderclean, condition sanitary and repairwell ventilated. Tenant shall be charged for all repairs or replacements caused by Tenant, pets, guests or licensees of Tenant, excluding ordinary wear and tear and tear. Tenant shall be charged for ALL 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 failure to report a repair, replacement or alteration or other change would be considered problem in 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 Premisestimely manner. Tenant shall do all acts required be charged for repair of drain blockages or stoppages unless caused by defective plumbing parts or tree roots invading sewer lines. Tenant’s failure to comply with all applicable laws, ordinances, regulations maintain any item for which ▇▇▇▇▇▇ is responsible shall give Agent the right to hire someone to perform such maintenance and rules of any public authority relating solely charge Tenant 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 cover the cost of such repairmaintenance. Notwithstanding anything in this Lease ▇▇▇▇▇▇ agrees to the contrary, in the event that the need for make no attempt to make repairs or the making of cause repairs (to be performed without Agent’s permission and agrees to not change or both) which Landlord is obligated add any locks. This applies to effect at Landlord's expense renders a material portion paint, applying or attaching anything to walls or ceilings that will require corrective maintenance. Defacing, remodeling, or damaging any part of the Premises unusable for more than three consecutive is prohibited. All maintenance and repair work requested by the Tenant and ordered by the Agent shall take place during normal business dayshours, then Monday through Friday. Under our guidelines and the state laws of Ohio, however, Emergency repairs may be performed outside of these hours. State law shall govern what is considered an emergency. Tenant shall be entitled responsible for all pest control such as mice, fleas, roaches, ants, vermin, insects or other pests unless evidence of same is listed in Tenant's Inspection Report. It is required for the Tenant to an abatement notify Landlord of rent commencing with any ▇▇▇▇▇ or any mice infestation. At that time if the fourth business day that tenant cannot show professional pest services have been engaged by way of receipt and work order then Management reserves the same are unusable; providedright to call out Pest Control, howeverand the tenant will be responsible for monthly service provided by such Pest Control Company. Tenant agrees to keep the Premises heated to a minimum temperature of 60 degrees F during cold weather by using the heating equipment on or at the Premises and not by using the stove, that other appliances, or kerosene space heaters. Tenant shall not be entitled to a pro rata abatement of rent under reimburse Agent for all costs incurred by Agent in repairing or replacing frozen pipes serving Premises if such freezing is the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any fault of Tenant, ▇▇▇▇▇▇'s servantsfamily, employees, agents, contractorsor guest. In overly hot or humid temperatures, visitors ▇▇▇▇▇▇ agrees to run fans or licensees, (ii) where Tenant makes air conditioning at a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated maximum 80 degrees F to furnish under the provisions of this Leaseinhibit humidity.

Appears in 1 contract

Sources: Lease Agreement

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above 8.1 Landlord shall maintain all structural portions of the Leased Premises and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, maintain the Premises Building in good order, first-class condition and repair, ordinary repair (reasonable wear and tear and damage by fire obsolescence excepted). Landlord shall make any necessary repairs and casualty excepted, including: the interior surfaces replacements to any structural portion of the ceilingsLeased Premises arising from Tenant's reasonable use thereof. Landlord's obligation to maintain and repair the structural portions of the Leased Premises shall be limited to the following: A. The foundations, walls bearing and floorsexterior walls, subflooring and roof of all portions of the Leased Premises; and B. The electrical, plumbing, natural gas, and sewage systems leading to the Leased Premises. 8.2 Except as otherwise provided herein, Tenant shall keep all doors non-structural portions of the Building which Landlord is not obligated to repair or maintain in good repair. In addition to the foregoing, Tenant shall maintain and interior windows; furnishings installed repair: A. Gutters and downspouts on the Building and other improvements that are a part of the Leased Premises; B. Heating, ventilating, elevator and air conditioning systems located within the Leased Premises; C. All stairways, accessways, lobbies, entrances, stairs, elevators and any passageway located within the Building; all equipment installed by or and D. The Parking Areas, including striping, security and lighting. 8.3 All repairs which Tenant is obligated to make under this Article shall be 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 repairs are solely a result of Tenant's use made necessary or useful because of the Premisesnegligence or willful misconduct of Landlord, its agents or employees. Upon the expiration of the Term hereof, Tenant shall do all acts required surrender the Leased Premises to comply with all applicable lawsLandlord in a state of good repair, ordinancesreasonable wear and tear, regulations obsolescence and rules damage by fire, act 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 God or the making of repairs (elements, or both) damage which is caused by Landlord or which Landlord is obligated required 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 repair 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, excepted.

Appears in 1 contract

Sources: Lease (Amphastar Pharmaceuticals, 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, LESSEE shall at Tenant's sole cost and expense, maintain the Premises all times keep in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of said premises, including without limitation, the ceilingswindows, walls and doors, show cases, ceiling, floors; all doors , plumbing and interior windows; furnishings installed within walls, with the Premises; exception of painting the interior walls which shall be maintained by ▇▇▇▇▇▇. LESSEE shall be responsible for keeping the leased premises clean and proximity located surrounding public areas free of debris, trash, or soiled cleaning supplies (e.g., rags and buckets) originating from LESSEE operations or customers. LESSEE shall ensure all equipment installed by or at the expense of Tenant; and all plumbingequipment, heatingwalls, ventilatingfloors, electrical and lighting facilities and fixtures; all landscapingcounters, 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 Landlordtables, and diligently prosecute it other surfaces are cleaned and sanitized frequently, and that employee areas are cleaned daily. LESSEE is responsible for providing the janitorial supplies needed to completioncomplete such tasks. LESSEE shall keep the leased area free of hazardous conditions, then Landlord shall have keep the rightarea around the leased area free of hazardous conditions that originate for the LESSEE’S operations and shall notify the Airport Director promptly of other hazardous conditions in the Public Area outside the leased area. LESSEE shall monitor areas within and contiguous the leased space to ensure they are kept clean and orderly, but and that trash is not allowed to accumulate. LESSEE shall not be obligatedensure that all its employees conform to the employee standards set forth above and to personal hygiene and health requirements established by LESSEE’S policy(ies) and by federal, to do such acts state, or local laws, rules, regulations and/or ordinances. LESSEE shall provide a complete and expend such funds at proper arrangement for the expense adequate sanitary handling 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 all trash and other refuse caused as a result of performing any such work. (3) Landlord will maintainthe LESSEE’S operations. LESSEE shall provide for timely removal of refuse to a central collection point designated by the Airport Director. LESSEE shall take appropriate action to prevent the presence of rodents and other vermin. LESSEE shall keep all garbage and putrescible materials in durable, repair fly-and replace all structural components of the Premises and the roof of the Buildingrodent-proof, fireproof containers that are easily cleaned. The containers shall have tight- fitting lids, doors, or covers, 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 kept covered when material 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.being deposited in

Appears in 1 contract

Sources: Lease Agreement

Maintenance and Repairs. LANDLORD agrees that at the commencement of the tenancy all utilities and mechanical systems (1including, without limitation, the electrical, plumbing and HVAC systems) Except for matters specified under Paragraph 4 above shall be in good working order and Paragraph 8A(3) below LANDLORD shall do the pre-occupancy work as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, detailed in the attached Exhibit B. --------- TENANT agrees to maintain the Premises in the same condition as they are at the commencement of the term or as they may be put in during the term of this Lease, reasonable wear and tear, damage by fire and other casualty only excepted. TENANT shall be responsible for all necessary maintenance and repairs (but not replacements), including but not limited to lights, air conditioning units, heating units, plumbing, electrical, security system, sprinkler system, elevator, doors, windows, including repairs to the interior and exterior of the Building and parking areas. Work shall be done by authorized and licensed, where appropriate, technicians. LANDLORD shall be notified in advance of any work expected to exceed $2,000. Notwithstanding any provision of this Lease to the contrary, LANDLORD agrees, at its cost, to (i) keep in good order, condition and repair, ordinary wear the roof, the load-bearing walls (excluding exterior glass), the foundation and tear and damage by fire and casualty excepted, including: the interior surfaces structure of the ceilings, walls Building and floors; all doors and interior windows; furnishings installed within the pavement of the parking areas serving the Premises; (ii) make all equipment installed by or at replacements to the expense of Tenant; and all plumbingBuilding systems (including, but not limited to, heating, ventilatingventilation and air conditioning system, electrical and lighting facilities and fixtures; all landscapingsprinkler system, 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 Landlordplumbing system, and diligently prosecute it electrical system) and all repairs estimated to completioncost in excess of $1,250.00 to such systems, then Landlord shall have the right, but provided LANDLORD shall not be obligatedresponsible for such repairs when the need arises from the abuse or improper maintenance of such systems by TENANT, to do and provided further that LANDLORD shall not be responsible for the routine maintenance and repair of such acts systems. a. TENANT shall be responsible for removing snow and expend such funds at ice from the expense parking areas and sidewalks on the Land, including sanding and salting where appropriate and reasonable for the safety of Tenant as are reasonably required to perform such workthe customers and occupants. Landlord Wherever necessary, TENANT shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use replace plate glass and other glass therein. The interior and exterior of the Premises as shall be kept in a result of performing any such workneat and clean condition. TENANT shall be responsible for landscape maintenance. (3) Landlord will maintain, repair and replace all structural components of b. TENANT shall not permit the Premises and the roof of the Buildingto be overloaded, and if a repairdamaged, replacement stripped 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 defaced nor suffer 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 Leasewaste.

Appears in 1 contract

Sources: Lease Agreement (Mothernature Com 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, 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 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 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 the 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, ventilatingheating and ventilating systems (to the extent such systems presently exist) serving the demised premises. Tenant agrees to give prompt notice of any defective condition in the premises for which Owner may be responsible hereunder. Except for Owner's gross negligence or wilfull misconduct, 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 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 1 contract

Sources: Office Lease (Ibah 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

Sources: Lease Agreement (Emulex Corp /De/)

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 ▇▇▇▇▇▇'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, ▇▇▇▇▇▇'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

Sources: Lease Agreement

Maintenance and Repairs. 7.1 Tenant has inspected the Premises and agrees to accept the same “as-is”, except as may otherwise be expressly provided in this Lease. However, notwithstanding the foregoing, Landlord agrees to deliver the Building Systems, the roof structure, roof membrane, windows and Structural Elements (1as defined in Section 7.2 below) in good operating condition as of the date Landlord delivers possession of the Premises to Tenant. Except to the extent caused by the misuse of Tenant or any of Tenant’s Representatives or Visitors or by any Alterations or improvements performed by or on behalf of Tenant, if any of the foregoing are not in good operating condition as of the date possession of the Premises is delivered to Tenant and Tenant provides Landlord with notice of the same within one hundred twenty (120) days following the date Landlord delivers possession of the Premises to Tenant, then Landlord shall be responsible for matters specified under Paragraph 4 above repairing or restoring the same at its sole cost and Paragraph 8A(3) below expense (and not as being Landlord's obligationpart of Additional Rent). Subject to Section 7.2, Tenant shallduring the Term, Tenant, at Tenant's ’s expense and in a manner reasonably acceptable to Landlord, shall maintain and repair the Premises, including, without limitation the heating, ventilation and air conditioning system and equipment located within the Building envelope (that is, within the exterior walls of the Building and below the roof structure), the mechanical, electrical and plumbing systems (including all mechanical, electrical, plumbing, fire suppression systems servicing the server room that are located within the Premises) located within the Building envelope, including the lighting and plumbing fixtures, all power distribution units and uninterrupted power sources, the fire/life safety systems (including the fire suppression systems servicing the server room within the Premises) and equipment, elevators, the restrooms, interior stairways (if any) in the Premises, the interior and exterior glass, interior non-structural walls, floor coverings, ceiling (ceiling tiles and grid), Tenant Improvements, Alterations, fire extinguishers, outlets and fixtures, and any appliances and/or kitchen equipment (including dishwashers, hot water heaters and garbage disposers) in the Premises, in good operating condition, (and pursuant to the minimum maintenance standards set forth in Exhibit G attached to this Lease) and otherwise keep the Premises in a clean, safe and orderly condition. In addition to the foregoing, and notwithstanding anything to the contrary contained in Section 7.2 below, Tenant, not Landlord, shall be responsible, at its 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 for maintaining any equipment installed by or at on behalf of Tenant (including any such equipment installed in connection with the expense of Tenant; and Tenant Improvements) as well as all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs equipment dedicated to the server room located within the Premises. Premises (2) In including, without limitation, the event that Tenant fails mechanical area of the Project near the loading dock and any computer room air conditioning units existing as of the date of this Lease (the “Existing CRAC Units”)). Notwithstanding anything to maintain the Premises contrary contained in good orderthis Section 7.1, condition and repair as required under if, during the Term of this Lease, any capital replacement or material capital repairs (as defined in Section 3.2(a)(1) of this Lease) is necessary as reasonably and mutually determined by Landlord and Tenant in order to satisfy Tenant’s obligations under this Section 7.1, then so long as Tenant has properly and in good faith consistently maintained and repaired the same (including, without limitation, performed quarterly preventative maintenance inspections and related recommended work) and the need for any such replacement does not arise from acts or omissions, abuse or misuse by Tenant or any of Tenant’s Representatives or Visitors (as opposed to normal wear and tear resulting from normal and customary use), Landlord shall give perform such replacement and (i) if the same respects the heating, ventilating and air conditioning units (including the Existing CRAC Units) servicing the Premises and becomes necessary during the first five (5) years following the Commencement Date, such replacement shall be performed at the sole cost and expense of Landlord, and (ii) if the same is not part of the heating, ventilating and air conditioning units (including the Existing CRAC Units) servicing the Premises or become necessary after the first five (5) years following the Commencement Date, then Tenant prior written notice shall reimburse Landlord for such cost and expense by payments of monthly Additional Rent in an amount that would fully amortize such cost and expense, with interest at one percent (1%) in excess of the Wall Street Journal prime lending rate announced from time to do time, as of the date such acts expense is incurred, over the projected useful life of such capital item being replaced, as are required reasonably determined by Landlord. Such Additional Rent obligation shall continue until such cost and expense is fully amortized or until the expiration of the Term, as it may be extended from time to so maintain time, whichever comes first. Landlord’s obligation to replace any capital items hereunder shall not apply to any supplemental heating, ventilating and air conditioning unit or other computer room air conditioning units installed by or for the Premisesbenefit of Tenant. In the event that Tenant fails of any dispute regarding the necessity of any such capital replacement then the dispute may be submitted to commence such work arbitration for resolution in accordance with the terms of this Lease by the American Arbitration Association (the “AAA“) in Milpitas, California, in accordance with the “Expedited Procedures“ of the AAA’s Commercial Arbitration Rules. The determination of the arbitrator(s) shall be final and binding on Landlord and Tenant. In connection with Tenant’s obligation to maintain and repair (i) the heating, ventilation and air conditioning systems and equipment located within 30 days after written demand by Landlordthe Building envelope, and diligently prosecute it (ii) elevators, Tenant shall obtain and keep in force (and promptly tender a copy thereof to completion, then Landlord shall have Landlord) a standard preventive maintenance/service contract providing for regular inspection and maintenance by a qualified service contractor(s) reasonably acceptable to Landlord. Without limiting 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 generality of the Premises as a result foregoing, such maintenance/service contract respecting heating, ventilation, and air conditioning systems and equipment located within the Building envelope shall provide that the contractor shall perform inspections to the items covered thereunder at intervals of performing any such work. not less than three (3) Landlord will maintainmonths and that having made such inspections, said contractor shall furnish complete service logs as well as a complete report of any defective conditions found to be existing with respect to the same, together with any recommendations for maintenance, repair and/or replacement thereof. Said report shall be furnished to Tenant with a copy to Landlord. In addition, such contract must include all services suggested by the equipment manufacturer in the operation/maintenance manual and replace must be effective on or before the date Tenant is given Early Access to the Premises pursuant to the terms and conditions of this Lease. Should Tenant fail to do so, Landlord may, upon notice to Tenant, obtain and maintain such preventative maintenance contract on behalf of Tenant or perform the work and in either case, charge Tenant the cost thereof along with a reasonable amount for Landlord’s overhead. Additionally, in connection with Tenant’s obligation to maintain and repair the elevators, Tenant shall cause such inspections to be performed at least as mandated by the State of California but in no event to a lesser standard than recommended by the manufacturer and shall promptly tender a copy thereof to Landlord. Tenant shall utilize termite and pest extermination service reasonably acceptable to Landlord at such intervals as shall be reasonably necessary to control termites and pests in the Premises. All such terminate and pest extermination service shall be performed in compliance with all structural components Laws now in force or which may hereafter be enacted or promulgated. Tenant shall bear the cost of such extermination services. In addition, Tenant shall be solely responsible for the maintenance of any grease traps and connecting pipes thereto serving the Premises and any equipment installed therein. Tenant, at its sole cost and expense, shall procure and maintain in full force and effect a contract for the roof maintenance of any grease traps, including the treatment, emptying and flushing thereof, with a service and maintenance firm reasonably acceptable to Landlord. Tenant shall follow all reasonable recommendations of said contractor for the maintenance of any such grease traps, including any recommended chemical treatments and any recommended intervals for the emptying and/or hydrojetting of such grease traps and connecting pipes, if any. 7.2 Landlord shall maintain and repair or cause to be maintained and repaired in good operating condition, the structural portions of the Building, including the structural portions of the roof, the foundations 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 exterior walls of the Building (collectively, the “Structural Elements“), the exterior components of the heating, ventilation and air conditioning systems and equipment (including all rooftop components, but expressly excluding any rooftop components installed by or on behalf of Tenant), the square footage of all buildings benefitted by such improvementBuilding management system, the electrical and plumbing systems located outside the Building envelope, the exterior landscaping and related sprinkler system in the Common Areas, the Parking Facility (including, without limitation, the Charging Stations), the exterior Building envelope (including curtain wall, EIFS, and roof, including membrane and hatches), the Building management system, the storefront and parapet of 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 pay the cost of repairs for any damage occasioned by Tenant’s use of the Premises or the Building (the parties hereto acknowledge that normal wear and tear resulting from normal and customary general office use shall not be entitled to a pro rata abatement considered damage for purposes of rent under the foregoing due to unusability (iforegoing) caused directly or indirectly by any act or negligent omission of Tenant or Tenant’s Representatives or Visitors, to the extent not covered by the proceeds of Landlord’s property insurance. In connection with Landlord’s obligation to maintain and repair the exterior components of the heating, ventilation and air conditioning systems and equipment, if Landlord elects to engage an unrelated third-party vendor to repair and maintain the same, Landlord shall obtain and keep in force (and promptly tender a copy thereof to Tenant) a standard preventive maintenance/service contract providing for regular inspection and maintenance by a qualified service contractor(s). Without limiting the generality of the foregoing, such maintenance/service contract shall provide that the contractor shall perform inspections to the items covered thereunder at intervals of not less than three (3) months and that having made such inspections, said contractor shall furnish a complete report of any defective conditions found to be existing with respect to the same, together with any recommendations for maintenance, repair and/or replacement thereof. Said report shall be furnished to Landlord with a copy to Tenant. The cost of structural repairs to, and replacements of, Structural Elements shall not be included in Operating Costs. For clarification purposes, costs and expenses of such other Landlord repair and maintenance obligations expressly set forth above shall be included in Operating Costs, subject to the limitations and conditions set forth in Section 3.2. 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 Except in the case of a casualty or condemnation, (a) if Tenant provides notice (the “Repair/Service Notice“) to Landlord of the need for any nonstructural repairs to the Premises that are Landlord’s obligation pursuant to this Lease (a “Required Action“), and (b) Landlord fails to commence the Required Action within a commercially reasonable period of time, and (c) such failure materially and adversely interferes with Tenant's servants’s business operations in the Premises, employeesthen Tenant may (but shall not be obligated to) notify Landlord in writing that Tenant intends to proceed to take the Required Action, agentspursuant to the terms of this Lease (the “Second Notice“). If Landlord fails to commence the Required Action within three (3) Business days following Landlord’s receipt of the Second Notice, contractorsTenant may proceed to take the Required Action pursuant to the terms and conditions of this Lease. In the event Tenant takes such Required Action, visitors Tenant shall use only those contractors used by Landlord in the Building for work unless (i) such contractors are unwilling or licenseesunable to perform, or timely perform, such work, (ii) where Tenant makes such contractors are unwilling to perform such work for a decoration, alteration, improvement or addition which directly causes such unusabilityprice that is market-based, or (iii) where Landlord fails to identify who the repair approved contractors are for work in question the Building within one (1) business days following Tenant’s request therefor, in any of which events Tenant may utilize the services of any other qualified, appropriately insured, bonded and licensed (in the state in which the Building is one located) contractor which normally and regularly performs similar work in Comparable Buildings. Prior to starting any Required Action, Tenant shall furnish Landlord with plans and specifications therefor, if appropriate; copies of contracts; necessary governmental permits and approvals; evidence of contractor’s and subcontractor’s insurance. All such work shall be performed in a good and workmanlike manner using materials of a quality that is obligated at least equal to or better than the existing materials for the Building. Tenant shall comply with the reasonable rules, regulations and procedures for the performance of work in the Building which have been provided to Tenant. Upon completion of any such work, Tenant shall furnish under “as-built” plans (to the extent appropriate), completion affidavits, full and final waivers of lien and receipted bills covering all labor and materials. Tenant shall assure that the work comply with all insurance requirements of this Lease and applicable Laws. Notwithstanding anything to the contrary set forth herein, if any Required Action may affect a structural matter (other than the roof of the Building), Tenant shall not be permitted to take the Required Action. If any Required Action is taken by Tenant pursuant to the terms of this Section 7.3 and such Required Action included the making of any capital replacements, then Landlord shall reimburse Tenant for its reasonable and documented third party out-of-pocket costs and expenses (the “Reimbursable Costs“) in taking the Required Action within thirty (30) days after receipt by Landlord of a paid invoice from Tenant which sets forth a reasonably particularized breakdown of its costs and expenses in connection with taking the Required Action on behalf of Landlord and includes reasonable documented evidence of all Reimbursable Costs, evidence that all such work is done in a good and workmanlike manner, in compliance with all Applicable Laws and otherwise pursuant to the terms and conditions of this Lease, and legally sufficient lien waivers from all applicable contractors and materials (the “Repair Invoice“) and the costs reimbursed by Landlord may be included in Operating Costs, subject to the limitations and conditions set forth in Section 3.2. Notwithstanding the foregoing provisions of this Lease.Section 7.3 to the contrary, if Landlord delivers to Tenant within five (5) business days after receipt of the notice of Required Action, a written objection to the payment of such invoice, setting forth with reasonable particularity Landlord’s reason for its claim that the Required Action did not have to be taken by Landlord pursuant to the terms of this Lease or if Landlord delivers to Tenant within thirty (3

Appears in 1 contract

Sources: Lease Agreement (FireEye, Inc.)

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, 7.1 Tenant shall, throughout the term of this Lease, take good care of the Premises and the fixtures and appurtenances therein, and at Tenant's sole cost and expense, maintain the Premises make all repairs thereto as and when needed to preserve them 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 condition. Landlord's repair as required obligations under this Lease, Landlord shall give Tenant prior written notice Lease are limited solely to do such acts as are required structural repairs to so maintain the Premises. In However, if the event that necessity for such repairs is the result of the negligence of Tenant, Tenant's invitees, licensees, employees or agents, Tenant fails shall bear the cost of such structural repairs. Tenant shall also repair any damage to commence such work within 30 days after written demand the Building and the Building systems and equipment caused or resulting from the negligence or improper conduct of Tenant, Tenant's invitees, licensees, agents or employees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or caused by Landlordthe moving of Tenant's fixtures, furniture and diligently prosecute it to completion, then equipment into or out of the Premises and/or the Building. 7.2 Landlord shall have be responsible for maintaining the right, but shall not be obligated, to do such acts exterior and expend such funds at structural portions of the expense of Tenant as are reasonably required to perform such workBuilding and the Common Areas. Landlord shall have no liability to Tenant for any reasonable damagealso maintain the plumbing, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintainelectrical, repair heating and replace all structural components of ventilation systems serving the Premises and the roof Common Areas. There shall be no set-off or reduction in rent allowed to Tenant by reason of any failure of Landlord to comply with the provisions of this Section of the BuildingLease and there shall be no allowance to Tenant for the diminution of rental value and no liability on the part of Landlord by reason of inconvenience, and if a repairannoyance or injury to business arising from Landlord or others making or failing to make any repairs, replacement alterations, additions or alteration improvements in or other change would be considered a capital improvement to any portion of the Building including the erection or replacement operation of any cran▇, ▇▇▇▇▇▇▇ ▇▇ sidewalk shed, or in or to the Premises under generally accepted accounting principlesor the fixtures, then it shall be Landlord's responsibility appurtenances or equipment thereof. 7.3 The provisions of this Article 7 with respect 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 apply in the case of rent under the foregoing due to unusability (i) caused directly fire 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 other casualty which directly causes such unusability, or (iii) where the repair are dealt with in question is one which Tenant is obligated to furnish under the provisions of this LeaseArticle 13 hereof.

Appears in 1 contract

Sources: Lease Agreement (Renal Care Group 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, shall maintain the Premises in good ordera neat, condition clean, and repair, ordinary wear orderly manner; use 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 accordance with applicable police, sanitary, and all other regulations imposed by governmental authorities; observe all reasonable regulations and requirements of underwriters concerning use and condition of the Premises tending to reduce fire hazard and insurance rates; and immediately inform Landlord when there is a need for Landlord to perform repairs or maintenance. Tenant is responsible for minor repairs under $50 and for maintaining drains in good working order, condition and repair as required under this Lease, Landlord . Any cost incurred to clean drains because of Tenant’s actions will be Tenant’s sole responsibility. Tenant shall give Tenant prior written notice to do such acts as are required to so maintain not cause or permit any waste or misuse of any utility fixtures or of any portion of the Premises. In the event that Tenant fails to commence such work within 30 days after written demand shall reimburse Landlord for all damages caused by Landlordwaste or misuse; for all permit, inspection, and diligently prosecute it certification costs Landlord incurs because of Tenant’s noncompliance with this Lease or applicable laws; and for all damages resulting from ▇▇▇▇▇▇’s failure to completiontimely report the need for repair or maintenance. Landlord may invoice Tenant for the cost of any repairs/replacements (other than normal wear and tear) during the Term of this Lease. The amount of such invoices is deemed unpaid rent and shall be due by Tenant the month following the month in which the invoice is sent. Tenant shall pay and be liable to Landlord and/or Landlord’s insurer (in contract and/or tort) for the repair of all damage to, then Landlord shall have and/or replacement of, the rightPremises and structure of which they are a part, including fire and flood damage and all lost rents therefrom, in any way caused or made necessary by Tenant, their guests, invitees, licensees, or agents. Nothing in this clause waives or lessens Landlord’s obligation to maintain and repair the Premises under Michigan law, but Landlord is not so liable when Landlord has not been informed of the need to repair. Landlord’s reasonable exercise of any right or obligation hereunder never shall not be obligated, to do such acts and expend such funds at the expense deemed an eviction of Tenant as are reasonably required to perform such work. or interference with their use and possession of the Premises, and Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use because of the Premises as a result of performing any such workLandlord’s actions in reasonably fulfilling its obligations hereunder. (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

Sources: Residential Lease Agreement

Maintenance and Repairs. 8.1 Landlord shall keep and maintain the foundation, roof and exterior walls of the Building (1specifically excluding the interior walls, doors, partitions, locks, door jambs, windows and glass in the Premises as well as all mechanical, plumbing, heating, air conditioning, sprinkler and electrical systems and utility service lines exclusively servicing the Premises and located therein), the plumbing and electrical systems to and from the Building and the driveways and parking areas adjacent to, and all common areas of, the Building in good condition and repair. (a) Except for matters specified under Paragraph 4 above Tenant will keep and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, maintain the Premises and all fixtures and equipment located therein (specifically including the interior walls, doors, partitions, locks, door jambs, windows and glass in the Premises, as well as all mechanical, plumbing, heating, air conditioning, sprinkler, electrical systems, and utility service lines exclusively servicing the Premises and 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 repairwhich they are in on the Lease Commencement Date, ordinary wear and tear and unavoidable damage by fire and the elements or casualty excepted. Tenant shall, including: the interior surfaces at its own expense, replace any broken or damaged glass windows, doors, locks, jambs and partition walls, and such replacement items shall be of the ceilings, walls same quality and floors; all doors and interior windows; furnishings installed within the Premises; all equipment design as those initially 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 Landlord in the Premises. (2b) In Tenant shall maintain the event that Tenant fails to maintain heating, ventilating and air conditioning equipment (the "HVAC system") serving the Premises in good order, condition and repair, reasonable wear and tear and damage or destruction by fire or other casualty which Tenant is not obligated to repair excepted. Except as required under this Leaseprovided in subsections (c) and (d) below, Landlord Tenant shall give Tenant prior written notice repair or replace any damage or injury to do such acts as are required to so maintain the HVAC system serving the Premises. In the event that All maintenance and repairs made by Tenant fails to commence such work within 30 days after written demand shall be performed only by licensed contractors first approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall require its contractors to comply with Landlord's regulations regarding all work to be performed. (c) With specific reference to the HVAC system, Tenant is responsible to carry, with a reputable service company, a full service maintenance and diligently prosecute it repair contract on all component parts except the refrigeration compressors. This contract shall include, without limitation, substantially the following provisions: (i) Contractor will provide regularly (as required by industry custom) scheduled inspections for each component of the HVAC system, checking the operating efficiency of each, oiling and adjusting where necessary. (ii) Contractor will provide and install air filters as necessary in the Contractor's reasonable judgment. (iii) Contractor will provide complete inspection of all automatic temperature controls and their electronic components. (iv) Contractor will automatically correct all problems which could cause breakdowns in extreme weather. (v) Contractor will provide a full written report on the system's condition after each inspection; provided, however, the Contractor shall not be required to completionprovide more than two reports in any twelve-month period. (vi) Copies of all reports will be provided to Landlord. 8.3 Except loss or damage recovered by Landlord under Landlord's insurance, then and as otherwise provided in Article XVI hereof, and notwithstanding the provisions of Section 8.1 hereof, all injury, breakage and damage to the Premises or to any other part of the Building caused by any negligent act or omission or willful misconduct of Tenant, or of any agent, employee, subtenant or contractor of Tenant, shall be repaired by and at the sole expense of Tenant, except that Landlord shall have the right, but shall not be obligatedat its option, to do make such acts repairs and expend such funds at the expense to charge Tenant for all reasonable costs and expenses incurred in connection therewith as additional rent hereunder. The liability of Tenant as for such costs and expenses shall be reduced by the amount of any insurance proceeds which are reasonably received by Landlord on account of such injury, breakage or damage, or which would be received by Landlord had Landlord maintained the insurance coverages required to perform such work. be maintained by 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, whether or not Landlord has maintained such insurance coverages.

Appears in 1 contract

Sources: Lease Agreement (Network Solutions Inc /De/)

Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above Subject to Section 7(b) below, 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. During the Term, 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 tiles and grid, Tenant Improvements, Alterations, electrical systems installed by Tenant, HVAC systems installed by Tenant, power exhaust systems installed by Tenant, locks and keys, fire extinguishers, outlets and fixtures, and any plumbing and appliances (including dishwashers, hot water heaters and garbage disposers) in the Premises, in a first class condition, and keep the Premises in a clean, safe and orderly condition. (b) Notwithstanding the provisions of Section 7(a) above, Landlord shall cause the Premises and the Building Systems serving the Premises to be in good working order on the Commencement Date. Any claims by Tenant under the preceding sentence with respect to the Premises shall be made in writing not later than the forty-fifth (45th) day after the Commencement Date. In the event Tenant fails to deliver a written claim to Landlord on or before such forty-fifth (45th) day, then Landlord shall be conclusively deemed to have satisfied its obligations under this Section 7(b) as to the Premises. Landlord’s obligations under this Section 7(b) shall specifically exclude any obligation to repair any damage caused to the mechanical, electrical and plumbing systems by Tenant or Tenant’s Representatives or Visitors. (c) 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, slabs and exterior walls and floors; all doors and interior windows; furnishings installed within of the Building, the Building Systems from the minimum point of entry into the Building up to 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 completionthe Common Areas, then Landlord shall have the rightParking Area, 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 plate glass 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 unusableLand; 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 or duty to inspect the Premises, and any inspection undertaken by Landlord shall not expose Landlord to any liability for faulty, defective, or improper maintenance, repair, installation or construction, whether or not the same may be discovered by Landlord in the course of any inspection. 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. (d) Landlord hereby reserves the right, at any time and from time to time, without liability to Tenant and without effecting an eviction, constructive or otherwise, 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; provided, employeeshowever, agentsthat in exercising any such right, contractors, visitors Landlord shall use commercially reasonable efforts to avoid any material interference with Tenant’s use or licensees, occupancy of the Premises: (i) To construct additional buildings or other improvements on the Land; (ii) where Tenant makes a decorationTo make alterations, alterationadditions, improvement repairs, improvements to or addition which directly causes such unusabilityin or to decrease the size of area of, all or any part of the Project, the Building, the fixtures and equipment therein, or the Building Systems; (iii) where To change the repair name or street address of the Project or the Building or change the space or suite number of the Premises; (iv) To install, affix and maintain any and all signs on the exterior and interior of the Building or anywhere else in question is one which Tenant is obligated or on the Project; (v) To reduce, increase, enclose or otherwise change at any time and from time to furnish under time the provisions size, number, location, layout and nature of this Leasethe Common Areas and other tenancies and premises in the Project and to create additional rentable areas through use or enclosure of Common Areas; and (vi) 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.

Appears in 1 contract

Sources: Lease Agreement (Taleo Corp)

Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant Landlord shall, at Tenant's its sole cost and expense, maintain in good repair, order, and serviceable condition the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty exceptedevery part thereof, including: the interior surfaces , without limitation, all structural elements of the ceilings, walls Premises and floorsbuilding; all doors plumbing, ventilation, heating, air conditioning, and interior windows; furnishings installed within electrical systems and equipment in, on, or exclusively serving, the Premises; all equipment installed by or at the expense of Tenant; and all plumbingwindows, heatingdoors, ventilatingstorefronts, electrical plate glass, interior walls, and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within ceilings which are part of the Premises. (2b) In Except in the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Leasecase of an emergency, Landlord shall give Tenant reasonable advance notice of Landlord's intent to enter the Premises to perform its obligations under the foregoing Section. Landlord shall use commercially reasonable efforts not to interfere with Tenant. (c) If Landlord refuses or neglects to make repairs or maintain the Premises in the manner required by this Section, Tenant shall, upon giving Landlord ten (10) days prior written notice notice, have the right to do perform such acts as are required to so maintain maintenance or make such repairs on behalf of and for the Premisesaccount of Landlord. In the event that Tenant fails to commence such work within 30 days after written demand by Landlordso elects, 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 repairs, maintenance, or replacements within ten (10) days following receipt of a ▇▇▇▇ therefor. (d) Subject to the contrarylandlord's obligation in section 10(a), in Tenant shall, at its sole cost and expense, keep 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 interior of the Premises unusable in good condition and repair and maintain the Premises in a good and safe condition. (e) If Tenant refuses or neglects to make repairs or maintain the Premises in a manner reasonably satisfactory to Landlord and as required by the foregoing subsection, without prejudice to any other remedy Landlord may have hereunder, upon giving Tenant ten (10) days prior written notice, Landlord shall have the right to enter the Premises and perform such maintenance or make such repairs on behalf of and for more than three consecutive business daysthe account of Tenant. In the event Landlord so elects, then Tenant shall be entitled to an abatement pay the cost of rent commencing with the fourth business day that the same are unusable; providedsuch repairs, 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 unusabilitymaintenance, or replacements within ten (iii10) where the repair in question is one which Tenant is obligated to furnish under the provisions days following receipt of this Leasea ▇▇▇▇ therefor.

Appears in 1 contract

Sources: Lease (Esperion Therapeutics Inc/Mi)

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, expense shall maintain the Premises and appurtenances and the Leasehold Improvements and every part thereof in good order, condition and repair and in compliance with all Legal Requirements and will take all action and will perform all interior and exterior, structural and non-structural, foreseen and unforeseen, ordinary and extraordinary, maintenance and repairs (including, without limitation, all necessary replacements, renewals, alterations, additions and any other work required following destruction or Condemnation of the Premises and/or Leasehold Improvements to the extent required under this Lease or as a condition of the continued use of the Premises or the Leasehold Improvements or any work required by any order of any court or governmental agency) required to keep all parts of the Premises and Leasehold Improvements in good repair and condition and in compliance with all Legal Requirements. Landlord shall not be required to maintain, repair or rebuild all or any part of the Premises and Leasehold Improvements and shall have no obligation to maintain all or any part of the Premises or Leasehold Improvements. Tenant expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Tenant the right to make repairs at Landlord’s expense or to terminate this Lease because of Landlord’s failure to keep the Premises or Leasehold Improvements in good order, condition and repair. All maintenance and repairs made by Tenant pursuant to this Section 9 shall be performed in compliance with Section 9.2 below. Landlord, at its option, may make periodic inspections of the Premises upon reasonable prior notice to Tenant (and, if applicable, any occupants of the Leasehold Improvements) for the purpose of determining Tenant’s satisfaction of its obligations under this Section. In the event Tenant fails to maintain the Premises and Leasehold 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 this Lease, Landlord shall give Tenant prior written notice to do such acts as are reasonably required to so maintain the PremisesPremises and/or Leasehold Improvements. In the event that of any damage or destruction to the Premises or Leasehold Improvements, Tenant shall promptly evaluate such damage or destruction and commence repair or restoration of the Premises and Leasehold Improvements within the time frame and on the terms and conditions set forth in Sections 18 and 19 of this Lease, and shall thereafter diligently prosecute such repair and restoration to completion. In the event Tenant fails to promptly and diligently 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 required to perform such work. Any amount so expended by Landlord shall be paid by Tenant promptly after demand as Additional Rent with interest at twelve percent (12%) per annum from the date of such work until paid. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's the use of the Premises or the Leasehold Improvements by ▇▇▇▇▇▇ 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 Nothing in this Lease shall imply any duty or obligation upon the part of Landlord to do any such work or to make any such alterations and repairs and the contrary, in the event that the need for repairs or the making of repairs (or both) which performance thereof by 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 constitute 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 waiver 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 ’s default in failing to perform the repair in question is one which Tenant is obligated to furnish under the provisions of this Leasesame.

Appears in 1 contract

Sources: Ground Lease

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 repair and tear and damage by fire and casualty excepted, including: replace as necessary the interior surfaces of the Demised Premises, including but not limited to the heating, air conditioning and ventilation systems, glass, windows and doors, sprinkler, all plumbing and sewage systems, fixtures, interior walls, floors (including floor slabs), ceilings, walls storefronts, plato glass, skylights, all electrical facilities and floors; all doors equipment including, without limitation, lighting fixtures, lamps, fens and interior windows; furnishings installed within the Premises; all any exhaust equipment installed by or at the expense of Tenant; and systems, electrical motors, and all plumbingother 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 such maintenance, repair and replacement as is the obligation of Landlord pursuant to Section 10(b). During the Term, Tenant shall maintain in full force and effect a service contract for the maintenance of the heating, ventilatingventilation and air conditioning systems with an entity reasonably acceptable to Landlord. Tenant shall deliver to Landlord (i) a copy of said service contract prior to the Lease Commencement Date, electrical and lighting facilities (ii) 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 fixtures; all landscapingreplacement required because of the act or negligence of Landlord, parking lotsits employees, fences and signs located within contractors or agents, which shall be the Premisesresponsibility of Landlord. (2b) In the event that Tenant fails to Landlord shall, at its own cost and expense, maintain the Premises in good order, condition and repair as required under this Leasethe roof, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain foundation (beneath the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, floor slab) 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 structural frame 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 Building Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The obligation shall exclude 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 maintenance or repair required because 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 or any of Tenant's servants, employees, or such subsidiaries' or affiliates' agents, contractors, visitors employees, licensees and invitees (collectively, "Tenant's Affiliates"), the cost of which shall be the responsibility of Tenant. (c) Unless the same is caused solely by the negligent action or licenseesinaction of Landlord, (ii) where its employees or agents, and is not covered by the insurance required to be carried by Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where pursuant to the repair in question is one which Tenant is obligated to furnish under the provisions terms of this Lease, Landlord shall not be liable to Tenant or to any oilier 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

Sources: Sublease Agreement (NationsHealth, Inc.)

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant The Lessor shall, at Tenant's sole cost and expenseunless hereinafter specified to the contrary, maintain the Premises said premises, including roads, driveways, fences, gates, patios, and walkways on the said property in good orderand tenantable condition. This maintenance shall include the maintenance of all foundations, condition underpinnings, sewage systems, drainage facilities, hot and repaircold water systems, ordinary wear electrical systems and tear fixtures, walls, roofs, stairs, fencing, gates, roads, driveways, and damage by fire and casualty exceptedwalkways, including: i.e. the major structural elements of said premises. The Lessor shall undertake to paint or wallpaper the interior surfaces at intervals of years, and paint the exterior of the ceilingspremises at intervals of years unless conditions warrant earlier attention. The Lessor shall maintain the premises in good tenantable condition, walls and floors; all doors and interior windows; furnishings installed as described above. If necessary, the Lessee may provide notice to the Lessor as to maintenance requirements. The Lessor shall carry out required maintenance within ten (10) days after the Premises; all equipment installed date of written notice 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 Lessee to the Premises. (2) In Lessor that such maintenance repairs are necessary. If the event that Tenant Lessor fails to maintain the Premises in good order, condition and repair premises 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 above and/or fails to commence carry out such work within 30 days after written demand by Landlordmaintenance repairs when notified, and diligently prosecute it to completion, then Landlord the Lessee shall have the right, but shall not be obligated, right to do effect such acts maintenance repairs 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 deduct the cost of such repair. Notwithstanding anything in this Lease from subsequent rental payment(s) due to the contraryLessor until which time the full cost of the maintenance repairs has been recouped by the Lessee. The Lessee shall, in addition, reserve the event that right to make emergency repairs without prior notice to the need Lessor, and the cost of such repairs are to be deducted from subsequent rental payment(s) due to the Lessor until which time the full cost of the emergency repairs has been recouped by the Lessee. For the purpose of this use, "emergency repairs" will constitute those repairs made to prevent destruction or damage to property, danger of personal injury and conditions the Lessee believes to be a hazard to health or of serious inconvenience to the occupant. Emergency repairs shall consist of, but not be limited to, leaking water from pipes or fixtures, leaking roofs, defective sewage lines and cesspools, and defective electrical wiring to fixtures. In accordance with ▇▇▇▇▇▇ ▇▇▇▇, failure of the Lessor to keep the Lessee advised of his/her current addresses (both mailing and e-mail) to be used for official written notifications or temporary unavailability of the Lessor will not be considered sufficient reason for non-receipt of correspondence and subsequent non-compliance with written requests. The Lessor accepts all responsibility in connection with property damage resulting from structural defects in the premises leased or arising from the Lessor's negligent failure to carry out these repairs or the making of repairs (or both) for which Landlord he/she is obligated under this lease. For the purpose of maintaining the premises, the Lessor reserves the right to effect enter the premises at Landlord's expense renders a material portion of reasonable times to inspect the Premises unusable for more than three consecutive business days, then Tenant shall premises and to make any necessary repairs after providing 24 hours’ advance written notice to the Lessee. This 24 hours’ advance notice may be entitled to an abatement of rent commencing with waived by 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) Lessee in cases where the repair in question is one which Tenant is obligated inspection or repairs need to furnish under the provisions of this Leasebe completed quickly.

Appears in 1 contract

Sources: Lease Agreement

Maintenance and Repairs. (1) Except Landlord shall maintain in good order, condition and repair the external and structural parts of the Building, heating, ventilating, air conditioning, plumbing, sewer and electrical systems of the Building and all other portions of the Building Complex not the obligation of Tenant or any other tenant in the Building; provided, however, that Landlord shall not be liable for matters specified under Paragraph 4 above any damages direct, indirect or consequential, or for damages for personal discomfort, illness or inconvenience of the Tenant, or the Tenant's employees, invitees or other persons by reason of failures of such equipment, facilities or systems or reasonable delays in the performance of such repairs, replacements and Paragraph 8A(3) below as being maintenance, unless caused by the gross negligence of the Landlord's obligation, Tenant shallits servants, agents or employees. Tenant, at Tenant's sole cost and expense, except for services furnished by Landlord pursuant to Section 6 hereof, shall maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: repair including the interior surfaces of the ceilings, walls and floors; , all doors and doors, interior windows; , all plumbing pipes, electrical wiring, switches, fixtures and special items in excess of building standard furnishings installed within the Premises; all and equipment installed by or at the expense of Tenant; . Tenant expressly waives the benefits of any statute, ordinances or other rule of law now or hereafter in effect which would otherwise afford Tenant the right to make repairs at Landlord's expense or to terminate this Lease because of landlord's failure to keep the Premises in good order, condition and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) repair. 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 written notice to do such acts as are reasonably required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written promptly commence, upon demand by Landlord, such work and diligently prosecute it to completion, then Landlord landlord shall have the right, but shall not be obligatedrequired, after reasonable notice, except in the case of emergency, 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. . Tenant shall pay to Landlord on demand the cost of such work plus fifteen percent (3) Landlord will maintain, repair and replace all structural components 15%). Tenant shall pay on demand the cost of replacement of any glass broken on the Leased Premises by virtue of the Premises and the roof negligence of the BuildingTenant, its employees or invitees, including outside windows and if a repairdoors on the perimeter of the Leased Premises during the continuance of this Lease, replacement or alteration or other change would be considered a capital improvement or replacement to unless the Premises under generally accepted accounting principles, then it glass shall be broken by Landlord's responsibility to promptly make and pay for such repair, replacement, alteration its employees or other changeagents. The cost of any such capital improvement shall be amortized over the useful life of such item Landlord 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

Sources: Office Building Lease (Solera National Bancorp, 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 its sole cost and expense, shall maintain the Premises and keep in good orderrepair the Common Areas and all building systems and structural components, condition including the HVAC, roof, exterior and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces supporting walls of the ceilingsLeased Premises, 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 landscapingdriveways, 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 Landlordbus docks, and diligently prosecute it to completionall outdoor space, 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 in the event the cost of any such repairs required are a pro rata abatement result of rent under the foregoing due to unusability (i) caused directly negligence or indirectly by any willful act or omission of Tenant or Tenant's agents, employees, or contractors, such cost shall be borne by Tenant. Tenant shall give written notice to Landlord of any needed repairs which are the responsibility of Landlord within five (5) days of Tenant's servantsobservance of same. Tenant at its sole cost and expense, employeeswhether the same shall be the property of Tenant or Landlord, agentsshall promptly repair and at all times protect, contractorsmaintain in good condition and repair, visitors when damaged by Tenant, inside the Exclusive Premises all floors, fixtures, equipment, electrical fixtures, outlets and Tenant equipment, Tenant machinery and hardware, all interior painting or licenseesdecorations of every kind, and all ceiling tiles, except damage to said items caused by roof leakage or any other structural defect. All furnishings, fixtures and equipment used in the Exclusive Premises supplied and installed at the sole cost and expense of Tenant shall at all times be the property of the Tenant and Tenant shall have the right to remove the same from said Exclusive Premises within thirty (ii30) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where days of the repair in question is one which Tenant is obligated to furnish under the provisions termination of this LeaseLease Agreement, provided that Tenant shall be responsible for any and all damages to the Leased Premises caused by Tenant's removing of any furnishings, fixtures and equipment. Landlord shall provide, at its sole cost and expense, all repair, maintenance and replacements necessary to maintain the Common Areas in good condition.

Appears in 1 contract

Sources: Lease Agreement

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 ▇▇▇▇▇ 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

Sources: Deed of Lease (Equinix Inc)

Maintenance and Repairs. Landlord shall keep the foundation, the exterior walls (1) Except except glass; windows; doors; door closure devices; window and door frames, molding, locks, and hardware; and interior 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. LANDLORD 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 termination of 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 lease 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, 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 Leasereasonable wear and tear excepted.

Appears in 1 contract

Sources: Commercial Lease (Design Automation Systems Inc)

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

Sources: 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

Sources: 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

Sources: 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. ▇▇▇▇▇▇ 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, ▇▇▇▇▇▇ shall promptly reimburse LESSOR for all costs incurred or LESSOR may deduct such costs from the money deposited with LESSOR. ▇▇▇▇▇▇ 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 Lease▇▇▇▇▇▇'S invitees.

Appears in 1 contract

Sources: Lease Agreement

Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above Landlord represents and Paragraph 8A(3) below warrants that to Landlord’s knowledge, 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 date 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, the exterior and interior Common Areas necessary for access to the Premises, and all Building Systems serving the Premises, are (or on the Commencement Date will be) in material compliance with the applicable requirements of all applicable Laws (including the ADA). Subject to the terms and provisions below in Section 9(b), Landlord shall give Tenant prior written notice to do such acts as are required to so maintain Maintain the Building, including the Premises, the Common Areas, the Building Systems and any other improvements owned by Landlord located on the Property, in a manner and condition consistent with other first class office buildings comparable to the Building in the Conshohocken-West Conshohocken geographic submarket. In Landlord will be responsible to Maintain the event that Tenant fails Building, including the exterior and interior Common Areas necessary for access to commence such work within 30 days after written demand by Landlordthe Premises and Building Systems serving the Premises, and diligently prosecute it to completion, then in compliance with all Laws (including ADA) throughout the Term. Landlord shall have the right, but shall not be obligated, obligated to do such acts and expend such funds at incur any cost or expense for Alterations to 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 existing Building, and if a repairCommon Areas, replacement or alteration or other change would Building Systems that may 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 lawsLaws (including ADA) until a reasonable time after Landlord’s receipt of a notice of violation from governmental authority having jurisdiction thereof, ordinances, regulations and rules subject to Landlord’s rights to contest such requirements in good faith by appropriate proceedings. If Tenant becomes aware of any public authority relating condition that is ▇▇▇▇▇▇▇▇’s responsibility to repair, Tenant shall promptly notify Landlord of the condition and Landlord will have a reasonable time after receipt of such notice to commence repairs required hereunder. (b) Tenant at its sole expense shall keep the Premises in a neat and orderly condition and Maintain the property of Tenant and any Alterations made by Tenant. Alterations, repairs and replacements to the Property, including 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 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

Sources: Lease Agreement (Madrigal Pharmaceuticals, Inc.)

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall6.1 Landlord shall make, at Tenant's Landlord’s sole cost and expense, all repairs and replacements necessary to maintain the structural, plumbing, HVAC and electrical systems, building systems, exterior doors and windows, floors (except carpeting), provided however Landlord shall remain responsible for latent defects in the carpet not to exceed one (1) year and all other items which constitute a part of the Building and Leased Premises and are installed or furnished by Landlord. Landlord shall commence complete such repairs and replacements, if necessary, as promptly as the circumstances reasonably permit and in good orderno event later than thirty (30) days of Landlord’s receipt of written notice from Tenant that such repairs are needed and thereafter shall diligently pursue the same to completion with reasonable promptness. Maintenance of the electrical systems shall include replacement of light bulbs, condition ballasts and repairfixtures, as necessary, and maintenance of the Leased Premises shall include maintenance and repair to the Building and the common areas and the land around Building under the control of Landlord. 6.2 Except as due to the sole and gross negligence of Landlord or willful misconduct of Landlord, its employees or agents, as Landlord is obligated for repairs as provided hereinabove, Tenant shall make, at Tenant’s sole cost and expense, all repairs necessary to maintain the Leased Premises and shall keep the Leased Premises and the fixtures therein in neat and orderly condition, ordinary wear and tear and damage by fire and casualty excepted. If Tenant refuses or neglects to make such repairs, 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 the same to completion, then after written notice from Landlord shall have of the rightneed therefor and a reasonable opportunity to cure, but shall not be obligated, to do Landlord may make such acts and expend such funds repairs at the expense of Tenant and such expense, along with a fifteen (15%) percent service charge, shall be collectible as are reasonably required additional rent. 6.3 Except as due to perform such work. gross negligence by Landlord, its agents, contractors or employees, Landlord shall have no liability not be liable by reason of any injury to Tenant for any reasonable damage, inconvenience or interference with Tenant's use ’s business arising from the making 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 repairs in accordance with this Article in or alteration or other change would be considered a capital improvement or replacement to the Leased 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 aboveor to any appurtenances or equipment therein. Landlord shall do all acts required to comply interfere as little as reasonably practicable 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 conduct of Tenant's use of the Premises’s business. 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 There shall be entitled to an no 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 because 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 Leaserepairs.

Appears in 1 contract

Sources: Lease (Precision Therapeutics Inc)

Maintenance and Repairs. (1) Except for matters specified casualty damage to be repaired by Landlord under Paragraph 4 above Article 11, or otherwise to be performed by Landlord under this Sublease, Subtenant shall keep and Paragraph 8A(3maintain (or cause to be kept and maintained) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, maintain the Premises in good orderand sanitary condition, condition working order and repair, ordinary wear in compliance with all applicable Laws as described in Article 7, and tear as required under other provisions of this Sublease, including the Rules (including any carpet and damage by fire other flooring material, paint and casualty exceptedwall-coverings, including: the doors, windows, ceilings, interior surfaces of walls, lighting (including lamps, bulbs, ballasts and starters), plumbing and other fixtures, alterations, improvements, systems and equipment in or exclusively serving the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment Premises 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 PremisesSubtenant). In the event that Tenant fails any repairs, maintenance or replacements are required, Subtenant shall promptly notify Landlord and arrange for the same either: (i) through Landlord for such reasonable charges as Landlord may establish from time to commence such work time, payable within 30 ten (10) days after written demand billed, or (ii) at Landlord's option, by Landlord, and diligently prosecute it to completion, then engaging such contractors as 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 first designate or approve in writing to perform such work, all in a first class, workmanlike manner approved by Landlord in advance in writing and otherwise in compliance with Article 9 respecting "Work". Subtenant shall promptly notify Landlord shall have no liability to Tenant concerning the necessity for any reasonable damagerepairs or other work hereunder, inconvenience or interference with Tenant's use and upon completion thereof., Subtenant shall pay Landlord for any repairs, maintenance and replacements to areas of the Premises Property outside the Premises, caused as a result of performing moving any such work. (3) furniture, fixtures, or other property to or from the Premises. Except as provided in the preceding sentence, or for damage covered under Article 11, Landlord will maintain, repair and replace all structural components shall keep the common areas of the Premises Property in good and sanitary condition, working order and repair (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 included 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 LeaseExpenses).

Appears in 1 contract

Sources: Office Sublease (Baker Michael Corp)

Maintenance and Repairs. Tenant shall take care of the interior (1other than structural portions) Except for matters specified under Paragraph 4 above of the Leased Premises and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, the fixtures and appurtenances therein and at Tenant's its sole cost and expense, maintain the Premises expense make all non-structural repairs thereto as and when needed to preserve them in good orderworking order and condition. All damage or injury to the Leased Premises and to its fixtures, condition glass, appurtenances and repair, ordinary wear and tear and damage equipment caused by fire and casualty excepted, including: the interior surfaces Tenant moving property in or out of the ceilingsProperty or by tenant's installation or removal of furniture, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed fixtures, or other property, or resulting by tenant-caused fire, explosion, air conditioning unit or at the expense systems, short circuits, leakage of water, stream, or any other cause of any other kind or nature whatsoever due to carelessness, omission, neglect, improper conduct or other cause of Tenant; , its servants, employees, agent, visitors, or licensees shall be repaired, restored or replaced promptly by Tenant at its sole cost and all plumbingexpense to the reasonable satisfaction of Landlord. All the aforesaid repairs, heating, ventilating, electrical restorations and lighting facilities replacements shall be in good quality and fixtures; all landscaping, parking lots, fences class equal to the original work or installation and signs located within the Premises. (2) In the event that shall be done in a good and workmanlike manner. If Tenant fails to maintain make such repairs, restorations, or replacements, the Premises in good order, condition and repair as required under this Lease, same may be made by Landlord shall give Tenant upon 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 and all reasonable sums to perform such work. be spent and expenses incurred by Landlord shall have no liability be collectable as additional rent and shall be paid by Tenant within thirty (30) days after rendition of the ▇▇▇▇ or statement therefore to Tenant by Landlord. Tenant further agrees that it shall, at its own expense, furnish all necessary janitorial and cleaning services which are appropriate for any reasonable damage, inconvenience or interference with Tenant's use the maintenance of the Premises as a result of performing any such workLeased Premises. (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

Sources: Lease Agreement (Manhattan Scientifics 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 first-class 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; escalators; Building telephone and electrical closets; public portions of the Building or Building Complex, including but not limited to the balconies, landscaping, walkways, and upper floor lobbies and corridors, 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 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. The funds so expended plus fifteen percent (15%) of such amounts as an overhead/administrative charge shall be due and payable by Tenant within ten (10) days after receipt of Landlord's invoice therefor. 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 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

Sources: Office Building Lease (Canmax Inc /Wy/)

Maintenance and Repairs. Subject to the terms hereof, Manager shall promptly make or cause to be made all repairs, replacements, corrections, maintenance, alterations, improvements, renovations, installations, renewals and additions (1collectively, "Repairs") Except for matters specified under Paragraph 4 above of every kind and Paragraph 8A(3nature, whether interior or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the commencement of the Term (concealed or otherwise) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, necessary or appropriate to maintain the Premises Hotels (including all private roadways, sidewalks and curbs located thereon) for which Owner, Purchaser or a Hotel has responsibility in good order, condition order and repair, ordinary reasonable wear and tear and damage by fire and casualty excepted, including: excepted (whether or not 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 need for 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 Repairs occurs as a result of performing Owner's or Manager's use, any such work. (3) Landlord will maintainprior use, repair and replace all structural components Insurance Requirements, the elements or the age of the Premises Hotels, or any portion thereof), and in conformity with Legal Requirements (including, without limitation, retaining all construction lien holdbacks under the Construction Lien Act (Ontario) and releasing such holdbacks only when all liens have expired or been discharged or vacated, all notices have been withdrawn, and the roof of time period for filing any liens has expired), applicable Brand Standards and 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 Operating Standards. All Repairs shall be Landlordmade in a good, workmanlike manner, consistent with Manager's responsibility to promptly make and pay industry standards for such repairlike hotels in like locales, 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 accordance with all applicable laws, ordinances, regulations Legal Requirements and rules of any public authority relating to the Premises, except to Insurance Requirements. To the extent that the foregoing are solely a result of Tenantsuch Repairs cannot be performed by Manager's use of the Premises. Tenant on-site staff, Manager 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 cause such repairs to be performed by third parties or, subject to Owner's prior approval, Affiliates of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled Manager acting under separate technical services agreements 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 LeaseSection 11.1.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Hospitality Properties Trust)

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above Lessee agrees to keep, use and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, maintain the Premises premises rented in good orderaccordance with applicable police, condition sanitary and repair, ordinary wear and tear and damage other regulations imposed 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 governmental authorities. Lessee also agrees to maintain the Premises premises in good order, a neat and orderly manner. Lessee agrees to observe all reasonable regulations and requirements of underwriters concerning use and 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 premises tending to reduce fire hazards and replace all structural components of the Premises and the roof of the Buildinginsurance rates, and if a such requires repair, replacement Lessee shall pay for repair caused by Lessee, his/her family, employees, guests, invitees or alteration anyone on the premises by reason of association with the Lessee, his/her family, employees, guests or other change would be considered a capital improvement or replacement invitees. Lessor may require Lessee 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 changerepairs before they are made. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant Lessor agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of make 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 necessary exterior and rules of any public authority relating structural repairs to the Premisespremises and electric, except gas, plumbing and heating systems, if any, which may become necessary. Lessee agrees not to the extent that the foregoing are solely a result hold Lessor responsible for failure to repair unless Lessee has notified Lessor 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 repair in writing and a reasonable amount of time has passed after such notice. MOLD AND MOISTURE ACCUMULATION: Lessee shall remove visible moisture accumulation on the making premises, including walls, windows, floors, ceiling, and bathroom fixtures; mop up spills and thoroughly dry affected area as soon as possible after occurrence; use exhaust fans in kitchen and bathroom when necessary; and keep climate and moisture in the Leased Premises at reasonable levels. Lessee shall promptly notify Lessor in writing of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion 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 Lease.following:

Appears in 1 contract

Sources: 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

Sources: Lease Agreement (Adva International Inc)

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

Sources: Lease Agreement (Credit Store Inc)

Maintenance and Repairs. Except as provided below, Tenant at its ----------------------- expense will keep the Property and the adjoining sidewalks, curbs, landscaping and all means of access to the Property in good and clean order and condition (1) Except for matters specified under Paragraph 4 above including painting the exterior of the Building at least one time every four years following the Rental Commencement Date), subject to ordinary wear and Paragraph 8A(3) below as being tear, and will promptly, at its own expense, make all necessary or appropriate repairs, replacements and renewals thereof, whether interior or exterior, ordinary or extraordinary, foreseen or unforeseen. All repairs, replacements and renewals shall be at least equal in quality, utility and class to the original condition of the Property. Not less frequently than annually, Tenant shall cause an inspection of the Building Systems to occur and shall cause any customary annual maintenance to be performed to the Building Systems. At Landlord's obligationrequest, Tenant shallshall deliver to Landlord reasonable evidence that any such inspection or maintenance has occurred for the most recent annual period. Notwithstanding the foregoing, Landlord, at Tenant's sole cost and its expense, shall: (a) keep and maintain the Premises structural elements of the Building in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: except to the interior surfaces extent any maintenance or repair thereof is required because of the ceilingsnegligence or willful misconduct of Tenant (and Landlord does not receive insurance proceeds therefor). (As used herein, walls the term "structural elements of the Building" shall include, without limitation, foundations, footings, floor slabs, walls, structural or exterior roof structure, roofing 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.roof membrane); (2b) In enforce roof guaranties to maintain in good order and repair, including replacing, as necessary, the event that Tenant fails roofing and roof membrane for a period of ten (10) years commencing on the Commencement Date; (c) repair any latent defects in the Improvements; (d) perform any repairs or replacements, as necessary, to remedy any violation of any warranty provided in Section 6 hereof; (e) perform any capital repairs, capital replacements and capital improvements (as defined by GAAP) required to maintain the Premises Building Systems; (f) so long as Landlord is also the owner of any land over which any easements appurtenant to the Property are located, maintain such easement areas located on land owned by Landlord in good order, condition and repair repair; and (g) so long as required Landlord is also the owner of any land adjacent to the Property, maintain such adjacent land owned by Landlord in a safe and presentable condition. In addition to all of the foregoing, if Tenant is otherwise obligated under this Lease, Landlord shall give Tenant prior written notice Section 7 to do such acts as are required to so maintain bear 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 item whose useful life of such item and Tenant agrees to pay its percentage share (which shall be as determined by dividing in accordance with GAAP) exceeds the square footage remainder 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. Lease Term (excluding extensions thereof unless Tenant shall do all acts required have previously exercised its extension option pursuant to comply with all applicable lawsSection 36 hereof), ordinancesthen, regulations and rules notwithstanding any other provision 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 cost of such improvement item shall be prorated over its reasonably estimated useful life, and the portion that is attributable to the need for repairs or the making period of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion time after expiration of the Premises unusable for more than three consecutive business days, then Lease Term (excluding extensions thereof unless Tenant shall have previously exercised its extension option pursuant to Section 36 hereof) shall be entitled borne by Landlord and paid to an abatement of rent commencing with the fourth business day that the same are unusable; providedTenant promptly following Tenant's written demand therefor. Prior to incurring any such cost for any capital item, however, Tenant shall deliver written notice to Landlord that Tenant is considering incurring such capital cost, and Tenant shall consult with Landlord before incurring such cost. The foregoing sentence is a requirement that Tenant consult with Landlord only, and shall not be entitled understood to a pro rata abatement provide Landlord with any approval right over Tenant's incurring any such capital cost. Landlord shall assign to Tenant for the term of rent under this Lease the foregoing due benefit of all assignable warranties available to unusability (i) caused directly or indirectly by any act or omission Landlord which would reduce the cost of performing the obligations of Tenant or to make repairs under this Section 7. Landlord shall cooperate with Tenant in the enforcement of such warranties. Notwithstanding any of Tenant's servantsprovision hereinabove to the contrary, employeesTenant shall have the right, agentswith respect to any repair obligations imposed on Landlord, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes to perform such unusability, or (iii) where the repair in question is one which Tenant is obligated lieu of Landlord and to furnish under be reimbursed by Landlord, upon demand, for the provisions costs of this Leasesuch repair.

Appears in 1 contract

Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)

Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant Landlord shall, throughout the Lease Term, Maintain in a manner which shall at Tenant's sole cost all times be consistent with first class laboratory/office/warehouse/shipping facilities in the Philadelphia metropolitan area: (i) the exterior walls, footings, foundations, structural steel columns 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 girders of the ceilingsBuilding; (ii) the Building roof, walls (iii) all utility connections, systems and floors; all doors and interior windows; furnishings installed within equipment up to 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 main utility rooms of the Premises as a result Building (and in the case of performing any such work. (3) Landlord will maintainsanitary sewer, repair and replace all structural components along the length of the Premises Building as described in Section 7(a) hereof), (iv) the exterior finishes and the roof windows of the Building, and if (v) the parking areas, sidewalks and landscaping on the Premises. Landlord shall also be responsible for snow and ice removal from the parking areas and sidewalks on the Premises If Tenant becomes aware of any condition that is Landlord’s responsibility to Maintain, Tenant shall promptly notify Landlord of the condition. (b) Tenant shall, throughout the Lease Term, Maintain the interior of the Building and all of the Building systems in a repairmanner which shall at all times be consistent with first class laboratory/office/warehouse/shipping facilities in the Philadelphia metropolitan area (c) Alterations, replacement or alteration or other change would be considered a capital improvement or replacement repairs and 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 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 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 any its Agents shall be made at the sole expense of Tenant's servants. (d) Tenant shall, employeesat its sole cost and expense, agentsobtain trash removal and janitorial services for the Premises. Tenant shall maintain and clearly label all disposal containers for all Hazardous Materials and Biological Materials separate and apart from normal trash receptacles and shall provide a separate, contractorsclearly identified area within the portion of the Premises used for cGMP, visitors manufacturing and laboratory purposes for such containers. Without limiting the effect of Section 10(d) below, no trash that constitutes or licenseescontains any Hazardous Materials or Biological Materials may be disposed of in trash receptacles located in that portion of the Premises used for general office space. Any and all contractors engaged by Tenant to remove and dispose of trash comprising Hazardous Materials or Biological Materials shall be bonded and licensed in accordance with applicable Laws, (ii) where and a copy of each such contractor’s licenses and bond shall be provided by Tenant makes a decoration, alteration, improvement to Landlord on or addition which directly causes such unusability, or (iii) where before the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.Commencement Date

Appears in 1 contract

Sources: Office and Industrial Lease Agreement (WuXi PharmaTech (Cayman) Inc.)

Maintenance and Repairs. Landlord shall keep the foundation, the exterior walls (1) Except except glass, windows, doors, door closure devices, window and door frames, molding, locks, and hardware, and interior 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. Landlord is responsible for matters specified under Paragraph 4 above maintenance of 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, 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 Leasereasonable wear and tear excepted.

Appears in 1 contract

Sources: Commercial Lease (Design Automation Systems 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 Landlord shall put the Premises in good order(including without limitation, condition the plumbing, electrical, 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 HVAC systems servicing 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) in good working order at the commencement of the Term. At all times before the New Premises Commencement Date, and if a repair, replacement or alteration or other change would Landlord shall be considered a capital improvement or replacement responsible for all reasonable repairs to the Premises under generally accepted accounting principlesand the Building which Tenant notifies Landlord are reasonably necessary, then it and which are approved by the Master Lesson. After the New Premises Commencement Date, and with respect to the New Premises, Tenant shall, at its sole expense, be responsible for ordinary, routine maintenance and repair of the interior of the Premises, and Tenant shall be Landlord's responsibility to promptly make keep the interior, non-structural elements of the Premises (including plate glass and pay for such the plumbing, electrical, and HVAC systems servicing the Premises) in good condition and repair, replacementnatural deterioration caused by normal wear and tear, alteration or other changereasonable use, and damage by fire, the elements, and casualty excepted. The After the New Premises Commencement Date, with respect to the New Premises, Landlord shall maintain, repair, and replace when necessary, at no cost of any such capital improvement shall be amortized over to Tenant, the useful life of such item exterior and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage all structural elements of the Building by the square footage of all buildings benefitted by such improvementPremises, including without limitation, the roof and its supporting members and the foundations of 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 also maintain, to comply with all applicable laws, ordinances, regulations and rules the extent of any public authority relating warranties received by Landlord, the doors and/or door closures and Tenant's loading dock. Landlord shall also maintain at no cost to Tenant the common areas of the Property in good condition and repair. Notwithstanding anything in this Section 9 to the contrary, Tenant shall be responsible during the entire Term, at its sole cost and expense, for repairing or replacing as is necessary any damage to the Premises, the Building, or the Property caused by Tenant, its agents, employees, invitees, or contractors, 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 such damage 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 carried by Landlord 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

Sources: Warehouse Lease Agreement (Cost Plus Inc/Ca/)

Maintenance and Repairs. (1) Except After initial acceptance of the Demised Premises by ▇▇▇▇▇▇, Lessee shall perform all necessary alterations and redecorating, subject to the prior written approval of the Lessor, and shall be responsible 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 maintaining the Demised Premises in good orderclean, 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 Landlordsafe, 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 workhealthy condition. 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 Lessor in the amount of Two Hundred Dollars (which shall be determined by dividing the square footage $200.00) per month for ordinary and customary cleaning and janitorial services of the Building by Demised Premises and common areas of the square footage of all buildings benefitted by such improvementLibrary Property, including garbage and recycling removal. Lessee shall pay this monthly cleaning fee in advance, on the Buildingfirst day of each and every calendar month during said term, at ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇ Attn: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Finance Director at such other place as Lessor may in writing designate. All such cleaning fees not paid by Lessee within ten (10) days of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord its due date shall do all acts required to comply with all applicable lawsbear interest at seven percent (7%) per annum, 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 Premisesuntil paid. If Lessee requires any janitorial or cleaning services in excess of such ordinary and customary, basic janitorial services provided by Lessor, Lessor will provide such excess services to Lessee within a repair is required as a result of Tenantreasonable period after Lessee's negligence and request made to Lessor, provided that such repair cost is not covered by insurance proceeds, Tenant excess services are available from Lessor's regular janitorial or cleaning contractor. Lessee will pay for the cost of such repairexcess services at prevailing rates actually charged to Lessor for ▇▇▇▇▇▇'s own account. Notwithstanding anything in this Lease Any and all necessary alterations and redecorating shall be made at ▇▇▇▇▇▇’s expense except as hereinafter set forth. The Lessee shall not make or permit any alterations or redecorating of or upon the Demised Premises except by and with the prior written consent of the Lessor and any and all such alterations to the contrary, in Demised Premises shall be and become 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 property of the Premises unusable for more than three consecutive business daysLessor at the expiration or earlier termination of the Lease, then Tenant unless otherwise provided in such written consent. Lessor’s obligation with reference to the Library Property shall be entitled to an abatement of rent commencing with maintain the fourth business day that the same are unusablecommon areas, roof, and exterior walls; provided, however, that Tenant Lessor shall not be entitled required to a pro rata abatement do or perform any maintenance occasioned by the acts of rent under the foregoing due to unusability (i) caused directly negligence of Lessee or indirectly by any act or omission of Tenant or any of Tenant's servants, its employees, agents, contractorsinvitees, visitors or licenseesand whenever any such damage shall occur, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusabilityit shall be promptly repaired by Lessee, or (iii) where Lessor shall make such repairs and the repair cost of such repairs shall be paid by Lessee. The Lessor shall not be responsible for making any repairs to the interior of the Demised Premises such as replacing light bulbs or any other item or equipment which is used strictly by Lessee. ▇▇▇▇▇▇ has examined the Demised Premises and the same are known to the Lessee to be in question is one which Tenant is obligated good condition and repair, and ▇▇▇▇▇▇ hereby accepts them in their present “as is” condition. ▇▇▇▇▇▇ agrees to furnish under surrender the provisions Demised Premises at the expiration or earlier termination of this Leasethe Lease in a clean and good condition, subject only to wear, tear, and casualty.

Appears in 1 contract

Sources: 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 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 negligence 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 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 negligence of Tenant), walls and floors, all doors, interior glass partitions or glass surfaces (not exterior windows) and pipes, which provide service solely for the Tenant's Premises, 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. The funds so expended plus ten percent (10%) of such amounts as an overhead/administrative charge shall be due and payable by Tenant within ten (10) days after receipt of Landlord's invoice therefor. 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. (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

Sources: Lease (Requisite Technology Inc /Co)

Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above Tenant will, at Tenant's own expense, keep the Leased Premises in good repair and Paragraph 8A(3) below as being Landlord's obligationtenantable condition during the Lease Term and, in furtherance thereof, will replace at its own expense any and all broken glass in and about said Leased Premises. Without limiting the foregoing, Tenant shall, at Tenant's sole cost and its 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 electrical, plumbing, HVAC and other systems and equipment within the Leased Premises or which exclusively serve the Leased Premises, including, without limitation, the HVAC systems and equipment installed by Tenant in accordance with the roof of terms hereof. All aforesaid repairs, restorations and replacements shall be in quality and class equal to or exceeding the Building, previously existing work or installations and if a repair, replacement or alteration or other change would shall be considered a capital improvement or replacement performed under the direction and to the Premises under generally accepted accounting principlessatisfaction of Landlord. (b) If Landlord deems any repair which Tenant is required to make hereunder to be necessary, then it Landlord may demand that Tenant make such repair immediately. If Tenant refuses or neglects to make such repair and to complete the same with reasonable dispatch, Landlord may, but shall not be Landlord's responsibility to promptly obligated to, 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 repair and Tenant agrees shall, on demand, immediately pay to pay its percentage share Landlord the cost thereof, together with an administrative charge equal to twenty-five percent (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 Building25%) 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 work. Landlord shall not be liable to Tenant for any loss or damage that may accrue to Tenant's business by reason of such work or its results. (c) Except for the maintenance and repair of the Leased Premises, which is the sole responsibility of Tenant as provided hereinabove, Landlord shall, at its expense, maintain the Building and repair and replace the roof and other structural portions thereof, which Landlord deems reasonably necessary or desirable to keep the Building in good order and repair. Notwithstanding anything in this Lease the foregoing, to the contraryextent any damage to the Building is caused by acts or omissions of Tenant, in the event that the need for repairs its agents, customers, employees or the making of invitees, Tenant shall make such repairs (or bothunder Landlord's supervision and to its satisfaction) and shall bear the cost thereof. Tenant agrees to notify Landlord of the necessity for any repairs of which Tenant may have knowledge and 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 may 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 responsible under the provisions of the first sentence of this Leaseparagraph. In the event that Landlord is responsible for such repairs, Landlord shall commence such repairs within a reasonable time after receiving notification of same.

Appears in 1 contract

Sources: Standard Retail Lease Agreement (Pointe Financial Corp)

Maintenance and Repairs. Landlord shall maintain and repair the public portions of the Building, both exterior and interior, and the Building's mechanical and other equipment, and shall make all structural repairs to the Building and the Premises, so as to maintain the same in good working order. Landlord shall also maintain, repair and replace, if necessary, the air conditioning equipment (1"A/C Equipment") Except serving the Premises, except for matters specified under Paragraph 4 above A/C Equipment serving Tenant's computer rooms, and Paragraph 8A(3any other supplementary or auxiliary A/C Equipment that Tenant may choose to install in the Premises, except that Tenant at Tenant's expense will clean all HVAC ducts whenever required. Landlord represents that the A/C Equipment serving the third (3rd) below as being Landlord's obligationfloor of the Premises is in good working order. Tenant shall throughout the Term take good care of the Premises and the fixtures and appurtenances therein, Tenant shallincluding but not limited to the plumbing, electric and heating equipment, and at Tenant's sole cost and expenses make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, reasonable wear and tear, obsolescence and damage from fire or other casualty, excepted. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, systems, equipment and appurtenances, whether requiring structural or non-structural repairs, caused by or resulting from the carelessness, omission, neglect or improper conduct of Tenant, Tenant's servants, agents, employees or invitees, or arising out of any work done for Tenant, shall be repaired promptly by Tenant, at its sole cost and expense, maintain to the satisfaction of Landlord reasonably exercised. In no event shall Tenant be required to make any repairs which are required as a result of the negligence or willful misconduct of Landlord or its agent, contractors, or employees. Tenant shall also repair all damage to the Building and the Premises in good ordercaused by the moving of Tenant's fixtures, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: furniture or equipment. All the interior surfaces aforesaid repairs shall be of a quality or class similar to the work or construction on the date of the ceilingsdamage. If Tenant fails to promptly (within 30 days after notice, walls except in an emergency, within 24 hours after telephonic notice) proceed and floors; all doors and interior windows; furnishings installed within continue with due diligence to make the Premises; all equipment installed repairs required to be made by or Tenant hereunder, the same may be made by Landlord 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 expenses thereof incurred by Landlord, including reasonable attorney's fees, if incurred, shall be collectible as additional rent thirty (30) days after rendition of a bill or statement therefor. T▇▇▇▇t shall give Landlord prompt notice of any defective condition of which Tenant has or should have knowledge in any heating, plumbing or electrical lines located in, servicing or passing through the Premises, and diligently prosecute following such notice, Landlord, to the extent that it has the responsibility under this Lease to completionmaintain or repair the same, then Landlord shall have remedy the rightcondition with due diligence at Landlord's expense, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant if repairs are necessitated by damage or injury attributable to Tenant, Tenant's servants, agents, employees or invitees, as are reasonably required to perform such workaforesaid. Landlord Except as provided in Article 11, or elsewhere in this Lease, there shall have be no liability allowance to Tenant for any reasonable damagea diminution of rental value, inconvenience and no liability on the part of Landlord by reason of inconvenience, annoyance or interference with injury to Tenant's use of the Premises as a result of performing business arising from Landlord, Tenant or others making or failing to make any such work. (3) Landlord will maintainrepairs, repair and replace all structural components of the Premises and the roof of the Buildingalterations, and if a repair, replacement additions or alteration improvements in 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 or the Premises, except or in and to the extent that the foregoing are solely a result fixtures, appurtenances or equipment thereof. The provisions of Tenant's use of the Premises. Tenant shall do all acts required this Article 7 with respect 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 apply in the case of rent under the foregoing due to unusability (i) caused directly fire 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 other casualty dealt with in question is one which Tenant is obligated to furnish under the provisions of this LeaseArticle 12 hereof.

Appears in 1 contract

Sources: Lease Agreement (STV Group Inc)

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shallMortgagor, at Tenant's its sole cost cost, shall make all repairs, renewals, replacements, servicing and expense, reconstruction that are necessary to maintain the Premises Mortgaged Property in good order, condition and repair. Immediately following the occurrence of any casualty or other loss, ordinary wear Mortgagor promptly will undertake all restoration required or desirable and tear will pursue it diligently to completion. Mortgagor shall (i) promptly comply with all laws, governmental regulations and damage public or private restrictions or easements, or both, of any kind affecting the Mortgaged Property or requiring any alterations or improvements to be made thereon, and (ii) not commit, suffer or permit any act upon the Mortgaged Property in violation of any law, subject to Mortgagor’s right to contest the same in good faith to conclusion, as provided in Paragraph 8 of this Mortgage. If any public agency or authority requires or commences any proceedings for the demolition or removal, or both, of any improvements or portions thereof comprising the Mortgaged Property due to non-compliance with health, safety, fire or building codes, then, unless Mortgagor undertakes to contest such action in the manner provided in Paragraph 8 above and pursues such contest to a successful conclusion, such action will constitute a Default under this Mortgage. Mortgagee and any persons authorized by fire and casualty exceptedMortgagee may enter the Mortgaged Property at all reasonable times with prior notice for inspections or for any other lawful purpose. If Mortgagor fails to comply with the requirements of this Paragraph, including: then Mortgagee, without waiving the interior surfaces option to foreclose, may take some or all measures Mortgagee reasonably deems necessary or desirable for the maintenance, repair, preservation or protection of the ceilingsMortgaged Property, walls and floors; all doors any expenses reasonably incurred by Mortgagee in so doing shall become part of the Debt secured hereby, and interior windows; furnishings installed within the Premises; all equipment installed by or shall, at the expense option of Tenant; Mortgagee, become immediately due 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 Landlordpayable, 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 bear interest at the expense of Tenant as are reasonably required to perform such workDefault Rate specified in the Note. Landlord Mortgagee shall have no liability obligation to Tenant care for any reasonable damageor maintain the Mortgaged Property, inconvenience or, having taken some measures therefor, to continue same or interference with Tenant's use of the Premises as a result of performing any such worktake other measures. (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

Sources: Purchase Money Mortgage (Northeast Community Bancorp Inc)

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above By taking possession of the Premises Tenant ----------------------- agrees that the Premises are then in a rentable and Paragraph 8A(3) below as being Landlord's obligation, good condition. During the term of this Lease Tenant shallshall take good care of the Premises and, at Tenant's sole cost and expense, but under the direction of Landlord, shall repair and maintain the Premises, including the interior walls and ceilings of the Premises, those portions of the "Building Systems" (as defined below) located within the Premises, the Suite Improvements, and the Alterations on the Premises, in a first class condition, and keep the Premises in a clean and orderly condition, so as to return Premises to Landlord in the same condition as when taking possession, except for reasonable wear and tear. As a material part of the consideration for this Lease, Tenant hereby waives the provisions of California Civil Code Sections 1932(1), 1941 and 1942 or any other applicable existing or future law, ordinance or governmental regulation permitting Tenant to make repairs at the Landlord's expense. 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 of the Building, the equipment and floorsfacilities by which utilities and services are provided and the public and common areas of the Building, such as elevators, stairs, corridors and restrooms; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbingprovided, heatinghowever, 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 shall pay the cost of repairs for damage occasioned by Tenant's mis- use of the Premises in good orderor the Building or any act or omission of Tenant or Tenant's employees, condition agents, contractors and repair as required under this Leaselicensees (collectively Tenant's "Representatives") or Tenant's customers, guests or invitee (collectively Tenant's "Visitors"). Landlord shall give Tenant prior written notice be under no obligation to do such acts as are required to so maintain inspect the Premises. In the event that Tenant fails shall promptly report in writing to commence such work within 30 days after written demand by LandlordLandlord any obvious and apparent defective condition known to it which Landlord is required to repair, and diligently prosecute it failure to completion, then so report such defect shall make Tenant responsible to Landlord for any liability incurred by Landlord by reason of such condition. Landlord shall have use all reasonable efforts to repair as soon as deemed reasonable. Landlord hereby reserves the right, but shall not be obligatedat any time and from time to time, without the same constituting an actual or constructive eviction, to do such acts make alterations, additions, repairs, improvements to or in or to decrease the size of area of, all or any part of the Building, the fixtures and expend such funds at equipment therein, the expense heating, ventilation, air-conditioning, plumbing, electrical, fire protection, life safety, security and mechanical systems of Tenant as are reasonably required the Building ("Building Systems"), the common areas and all other parts of the Building, and to perform such workchange the arrangement and/or location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets and other public parts of the Building. Landlord shall have no liability use reasonable effort to Tenant for any reasonable damage, inconvenience or minimize interference with Tenant's use of the Premises as a result of performing any such workor Building. (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

Sources: Lease Agreement (United Panam Financial Corp)

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

Sources: 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

Sources: Non Aviation Hangar Lease Agreement

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

Sources: 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

Sources: Lease Agreement (TNR Technical 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, during the term of this Lease and any extension thereof, at Tenant▇▇▇▇▇▇'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. ▇▇▇▇▇▇ 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. ▇▇▇▇▇▇ acknowledges the serious risk to the historic Mill and occupants from fire. Therefore, ▇▇▇▇▇▇ agrees that fire safety and prevention shall always be a paramount concern in ▇▇▇▇▇▇’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

Sources: Sublease Agreement

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant a. The Lessee shall, at Tenant's sole cost all times during the term and all extensions thereof, at its own expense, put and maintain in thorough repair and in the Premises same or better condition than when received and in good ordera safe condition, condition the leased property and repairits fixtures and equipment and appurtenances (including exterior structural walls and roof) whether or not necessitated by wear, ordinary wear and tear and damage by fire and casualty exceptedtear, including: the interior surfaces obsolescence or defects, latent or otherwise. Lessee shall replace at its sole cost, any part of the ceilings, walls building requiring replacement. Lessee shall be responsible for repair and floors; all doors replacement of any glass breakage. Lessee shall be responsible for maintaining 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 Premisessidewalks. (2) In b. The Lessee shall not accumulate nor permit the event that Tenant fails to maintain accumulation of dirt, materials or substances which would render the Premises premises unsanitary, unhealthy, unsightly or dangerous. Lessee shall be responsible for janitorial services for the leased 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 case of emergency no notice shall be necessary) 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 rightLessor may, but shall not be obligatedrequired to make such maintenance, repairs and replacements for the Lessee's account, and the expense thereof shall constitute and be collectable as Additional Rent, due and payable on the first day of the month next following the month in which the work is performed. d. Lessee shall not make any changes, alterations, additions, or improvements to do such acts the building without Lessor's prior written approval, which will not be unreasonably withheld. e. It is expressly understood and expend such funds agreed that all improvements and additions to the leased premises shall become the property of the Lessor 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 termination of the Premises as a result Lease if Lessor so elects; or Lessor may elect to require Lessee to remove any and all of performing any such workLessee's improvements and to restore the premises to the condition at the commencement of the lease. It is agreed that at the termination of the Lease, the premises will be left in good condition. (3) Landlord will maintainf. Wall, repair and replace all structural components of the Premises and the roof of the Buildingfloor, 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 ceiling coverings shall be Landlordinstalled by Lessee only with Lessor's responsibility prior written approval. Said approval not 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 Leaseunreasonably withheld.

Appears in 1 contract

Sources: Lease Agreement (BSD Medical Corp)

Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above 7.1 Landlord agrees that the Premises shall be in a good and Paragraph 8A(3) below as being tenantable condition, at the time possession is tendered to Tenant. Any defects other than latent defects and Punchlist items will be corrected by Landlord if brought to Landlord's obligationattention in writing prior to the second anniversary of the Commencement Date. Any latent defects in the structure of the Building or the Common Areas discovered by Tenant thereafter will be corrected by Landlord. During the Term, Tenant shall, at Tenant's sole cost expense shall repair and expense, maintain the Premises in good orderinterior of the Premises, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: including the interior surfaces of the ceilingswalls, walls floor coverings, ceiling (ceiling tiles and floors; all doors grid), Tenant Improvements, Alterations, fire extinguishers, outlets and interior windows; furnishings installed within fixtures, and any appliances (including dishwashers, hot water heaters and garbage disposers) in the Premises; all equipment installed by or at , as well as the expense of patio area set aside for Tenant; 's exclusive use, in a first class condition, and all plumbingkeep the Premises and the patio area in a clean, heating, ventilating, electrical safe and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premisesorderly condition. (2) In the event that Tenant fails 7.2 Landlord shall maintain or cause to maintain the Premises be maintained in reasonably 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 all of the Project other than 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 patio area set aside for any reasonable damage, inconvenience or interference with Tenant's use and Tenant's reception area/furniture in the lobby, and other space leased to tenants, including the structural portions of the Premises as a result of performing any such work. (3) Landlord will maintainroof, repair foundations, floors and replace all structural components of the Premises and the roof exterior walls 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. Except as required by law, Landlord shall be under no obligation to inspect the Premises. Tenant shall report in writing to Landlord within a reasonable period of time after discovery 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: (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 so long as such alterations, additions, repairs and improvements do not decrease or materially reconfigure the lobby area or Tenant's reception area of the Building or alter the size of the Premises or otherwise materially interfere with Tenant's use and enjoyment of the Premises, excepting only temporary inconvenience or interference reasonably necessary and unavoidable as a result of the necessity of such alterations, additions, repairs or improvements; (iib) where Tenant makes a decorationSubject to Tenant's rights under Section 4 of Exhibit D, alterationto change the Building's name or street address; (c) Subject to Tenant's rights under Section 4 of Exhibit D, improvement to install and maintain any and all signs on the exterior and interior of the Building; (d) To reduce, increase, 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 (excepting the lobby and Tenant's reception area therein) and other tenancies and premises in the Property and to create additional rentable areas through use or enclosure of common areas, so long as such unusabilitydoes not materially interfere with Tenant's use and enjoyment of the Premises; 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 Controls, 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

Sources: Lease Agreement (Pegasus Solutions 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 (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

Sources: Lease Agreement (Inktomi Corp)

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 term of the Lease or any extension or renewal thereof, the foundations, and structural support portions of the building and improvements in which the Demised Premises are located, 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 . Landlord shall not be responsible for any maintenance or repair caused by fire and casualty excepted, including: the interior surfaces fault or neglect of the ceilingsTenant, walls or due to hazards and floors; all doors risks covered or required to be covered by insurance hereunder except as insurance proceeds are available therefore. All other maintenance and interior windows; furnishings installed repair including, but not limited to, painting of walls, and maintenance, repair and replacement of equipment, shall be the responsibility of the Tenant. Any repairs or maintenance required to the roof membrane, or any repainting of the exterior walls, shall be accomplished by the Landlord and reimbursed by the 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) business days) after being notified in writing of the Premises; all equipment installed by or need thereof, that the other party hereto may make such repairs at the cost and 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 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 of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion responsibility 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 Landlord 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 the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.during business hours at any time to

Appears in 1 contract

Sources: Lease Agreement (Iomed Inc)

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

Sources: Lease Agreement (Zynex Inc)

Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above To Landlord’s knowledge, as of the Turnover Date and Paragraph 8A(3except as disclosed to Tenant in writing, all electrical, mechanical, plumbing, heating, ventilation and air conditioning systems will be in good working order, connected, and providing the services intended. If within ninety (90) below days following the Turnover Date Tenant discovers that any of the foregoing systems were not in good working order, connected and providing the services intended as being Landlord's obligationof the Turnover Date, Tenant shall provide written notice thereof to Landlord, and Landlord shall promptly commence and diligently prosecute to completion the repair or replacement of such systems. In addition, Landlord shall: (i) repair or replace when reasonably necessary, at Tenant's sole cost the roof of the Building (including without limitation the 1983 section of the roof), (ii) commence within three (3) months after the Turnover Date and expensediligently prosecute to completion the service of the rooftop HVAC units and mechanical room compressors, maintain including belt and filter replacement, so that each is in good working condition; (iii) on or before the Turnover Date, ensure that all restrooms are in good working condition; and (iv) within six (6) months after the Turnover Date, commence and diligently prosecute to completion the removal of all vegetation from, re-sealing and re-striping of all parking lots and re-painting of all automobile stops yellow. Except as otherwise expressly provided in this Section 9.2 and Sections 10.1, 20.6 and 20.17(d) hereof, Tenant accepts the Premises in good order, their “as is” condition and without warranty of any kind. During the Term, Landlord will maintain and repair (or replace, if necessary), at its sole cost (except as otherwise provided herein) the roof, load-bearing walls, and foundations of the Premises in a good condition and state of repair, except for casualty and repairs Tenant is obligated to make pursuant to Section 9.2(b). Tenant agrees to reasonably cooperate in the coordination and supervision of such maintenance and repairs and by Landlord. Landlord shall also be responsible for replacement and overlays of driveways and parking lots. Except as expressly required by this Section 9.2, Landlord shall not be required to furnish any services or facilities or to make any repairs or alterations of any kind in or on the Premises. Except for the repair and maintenance items specified in Section 9.2(a)(i), (ii), (iii) and (iv), it is an express condition precedent to all obligations of Landlord to repair, maintain or replace any portion of the Premises that Tenant notify Landlord in writing of the need for such maintenance, repair or replacement. (b) The provisions of this Article IX are subject to the provisions of Article XII and Article XIII hereof. At all times during the Term of this Lease, Tenant shall keep and maintain all portions of the Premises in a good condition and state of repair, excepting only ordinary wear and tear tear, and damage by fire repairs and casualty exceptedreplacements Landlord is obligated to make pursuant to Section 9.2(a) hereof. Tenant shall make any and all additions to and all alterations and repairs in, including: on and about the Premises which may be required by, and shall otherwise observe and comply with, all public laws, ordinances and regulations from time to time applicable to the Premises. Except for the negligence or willful misconduct of Landlord and without limiting the generality of the foregoing, Tenant will (i) keep the interior surfaces and exterior of the ceilingsPremises, walls and floors; together with all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all electrical, plumbing, heating, ventilating, air-conditioning, and other mechanical systems and installations therein, and all nonload-bearing walls, in good order and repair, including normal and customary preventive maintenance, and, except as required of Landlord pursuant to Section 9.2(a) hereof, will make all replacements from time to time required at its expense, (ii) maintain the grounds around the Improvements, including the mowing of grass, care of shrubs and general landscaping, (iii) notwithstanding anything herein to the contrary, except for Landlord’s repair obligations and normal wear and tear, repair any damage to the roof, load bearing walls and foundations of the Premises, to the driveways and parking lots and to Building Systems (as defined below) caused or permitted by Tenant or its employees, invitees, contractors and agents and (iv) take no action to invalidate any warranty relating to the roof or any other portion of the Improvements. The cost of maintenance, repairs and replacements to be performed by Tenant pursuant to this Section 9.2(b) shall be borne by Tenant, except that with respect to the maintenance, repair and replacement of any plumbing, HVAC, mechanical, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located fire protection systems existing within the Premises. Building as of the Turnover Date (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this LeaseSystems”), Landlord shall give Tenant prior written notice bear the costs thereof to do the extent such acts as are required costs exceed a cumulative total of $10,000.00 per Rental Year (“Tenant’s Annual Systems Cost”). Any portion of the Tenant’s Annual Systems Cost not expended during any Rental Year shall be carried over and added to so maintain the PremisesTenant’s Annual Systems Cost for subsequent Rental Years (such combined total being the “Tenant’s Total Systems Cost”). In the event that the cost of maintenance, repair and replacement of the Premises Systems in any Rental Year exceeds the then-current Tenant’s Total Systems Cost, Landlord shall promptly pay such excess (“Landlord’s Systems Cost”). At the end of each subsequent Rental Year, Tenant fails shall repay Landlord for such Landlord’s Systems Cost incurred, in an amount not to commence exceed the unexpended portion of the Tenant’s Total Systems Cost, if any, for such work subsequent Rental Year. Any such repayment by Tenant to Landlord of Landlord’s Systems Costs incurred shall be made within 30 fifteen (15) days after written demand by Landlordthe end of each subsequent Rental Year until the earlier of full repayment to Landlord or the expiration of the Term (or Renewal Term, if applicable). If the Term or any Renewal Term expires and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligatedfully reimbursed, 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 further obligation for repayment of any remaining balance of Landlord’s Systems Costs. Tenant for and Landlord each acknowledge that any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintainindividual maintenance, 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 of a Premises under generally accepted accounting principlesSystem, 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 which is equal to the contraryor less than $500.00, shall not be included 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 $10,000.00 Tenant’s Annual System Costs. Tenant shall not be entitled to reimbursement from Landlord for maintenance, repair or replacement of a pro rata abatement Premises System unless such maintenance, repair or replacement is reasonably necessary and in accordance with prudent and reasonable commercial standards to maintain such systems in good working condition (“Qualified Maintenance”). For any maintenance, repair or replacement to any Premises Systems which Tenant intends to include in the $10,000.00 Tenant’s Annual System Costs, Tenant shall deliver to Landlord written notice thereof, together with a reasonably detailed description (or plans and specifications, if available) of rent such maintenance, repairs or replacements. Landlord shall have twenty (20) days following the date of receipt of such notice and description (or plans and specifications) to notify Tenant in writing whether Landlord agrees that the proposed maintenance, repair or replacement constitutes Qualified Maintenance. If Landlord fails to timely provide such notice, the improvements shall be deemed Qualified Maintenance. If Landlord timely objects to all or any portion of the maintenance, repair or replacement as being Qualified Maintenance (“Disapproval Notice”), and if Landlord and Tenant cannot agree within ten (10) days after receipt by Tenant of the Disapproval Notice regarding whether the improvements constitute Qualified Maintenance, Tenant shall be entitled, within ninety (90) days after the expiration of such (10) day period, to commence arbitration to determine whether the maintenance, repairs or replacement constitutes Qualified Maintenance. The arbitration shall be conducted under the foregoing due to unusability Commercial Arbitration Rules of the American Arbitration Association. (ic) caused directly Tenant will surrender the Premises at the expiration of the Term or indirectly at such other time as it may vacate the Premises in as good condition as when received, excepting only ordinary wear and tear, damage 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 insured casualty and repairs and replacements Landlord is obligated to furnish make pursuant hereto. In the event Tenant fails to perform its maintenance and repair obligations as set forth in Section 9.2(b), Landlord may, but shall not be obligated to, after providing Tenant with thirty (30) days written notice and the right to cure, do so and the cost of same shall be Additional Rental payable to Landlord within thirty (30) days following demand therefor. (d) Within thirty (30) days following receipt of notice from Tenant to Landlord under Section 9.2(a) that maintenance or repair by Landlord is required, Landlord shall either commence the maintenance, repair or replacement or shall notify Tenant of Landlord’s objections thereto (“Objection Notice”). If Tenant disagrees with Landlord’s objections, Tenant shall notify Landlord in writing within ten (10) days after receipt of Landlord’s objections (“Disagreement Notice”). If Tenant shall fail to timely provide the Disagreement Notice, Landlord shall not be obligated to perform any of the repair, maintenance or replacement items objected to by Landlord and all such maintenance, repair, or replacement items shall be performed by Tenant at Tenant’s cost. If Tenant timely provides the Disagreement Notice and if Tenant and Landlord cannot resolve any such disagreement within fifteen (15) days after receipt by Landlord of Tenant’s Disagreement Notice (“Resolution Period”), Tenant shall be entitled, within fifteen (15) days after the Resolution Period, to commence arbitration to determine whether Landlord is obligated to perform such maintenance, repair or replacement under the provisions terms of this Lease. The arbitration shall be conducted under the commercial arbitration rules of the American Arbitration Association. If the arbitrator shall determine that Landlord is obligated under the Lease to perform such maintenance, repairs or replacement, Landlord at Landlord’s cost shall promptly commence and diligently prosecute to completion any maintenance, repairs or replacement determined by the arbitrator to be the responsibility of Landlord. Any maintenance, repairs or replacement determined by the arbitrator not to be the responsibility of Landlord under this Lease shall be promptly commenced and diligently prosecuted to completion by Tenant, the cost of which shall be paid by Tenant. If the arbitrator shall determine that all or a portion of the maintenance, repairs or replacement is to be performed by Landlord and Landlord shall fail to perform such maintenance, repairs or replacement as required herein, Tenant shall be entitled to perform such maintenance, repairs or replacement and Landlord shall be obligated to pay Tenant’s reasonable out-of-pocket costs of such maintenance, repairs or replacement within thirty (30) after receipt of an invoice therefore. Failure of Landlord to reimburse Tenant within such thirty (30) day period shall entitle Tenant to withhold all future Rental coming due until the cost of such maintenance, repairs or placement shall be paid in full, together with interest at the Default Rate from the date of expenditure. Notwithstanding anything to the contrary herein, in the event the need for such maintenance, repairs or replacement constitutes an imminent threat of harm to persons or damage to property, then Tenant may perform the same if Landlord has not commenced and diligently prosecuted to completion such maintenance, repair or replacement in time to prevent to such harm or damage. Thereafter, if Tenant believes such maintenance, repairs or replacement is the responsibility of Landlord, Tenant shall so notify Landlord, and the objection, arbitration and setoff provisions provided for above shall apply.

Appears in 1 contract

Sources: Lease Agreement (Boston Gear LLC)

Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above Landlord makes no representations and Paragraph 8A(3) below as being Landlord's obligation, provides no warranties of fitness to Tenant shallof the condition of the Premises nor of any systems in the Premises. Tenant accepts the premises in its current AS IS condition and Tenant acknowledges that ▇▇▇▇▇▇ has inspected the Premises and accepts the Premises in its current AS IS condition. Tenant, at Tenant's Tenants sole cost and expense, maintain shall make repairs necessary, if any, but subject to prior approval of same by Landlord. Landlord shall not be obligated to perform any routine maintenance to the Premises HVAC system, which maintenance shall remain the obligation of Tenant as set forth below, and in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: no event shall Landlord have any obligation to perform any repairs or replacements to the interior surfaces HVAC system arising as a result of the ceilings, walls and floors; all doors and interior windows; furnishings installed within acts or omissions of Tenant (including any failure of Tenant to perform Tenant’s required maintenance of 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 HVAC system as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premisesset forth below). In the event that the compressor which is a part of the air conditioning system is replaced during that time period, then in such event Landlord shall assign all warranties to Tenant fails to commence such work within 30 days and shall not be responsible for the maintenance of the HVAC system (b) At its expense, Tenant shall maintain, repair and replace in good condition and repair all structural and non-structural portions of the Premises, including, without limitation, the foundation and interior walls of the Premises, and the mechanical systems, HVAC systems, plumbing and electrical systems serving the Premises. If, after written demand by notice from Landlord, and diligently prosecute it ▇▇▇▇▇▇ fails or refuses to completionmake any repairs or provide any maintenance required of Tenant under this Lease, then Landlord shall have the rightLandlord, may, but shall not be obligatedobligated to, make or cause the repairs to do such acts be made or maintenance to be provide, and expend such funds at Tenant shall pay the expense of full cost to Landlord upon demand as additional rent. Tenant as are reasonably required to perform such work. shall keep in full force and effect a contract with a reputable heating contractor approved in advance in writing by Landlord shall have no liability to Tenant for any reasonable damagenot less than the semiannual inspection, inconvenience or interference with Tenant's use maintenance and repair 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 HVAC system serving the Premises, except including oiling, filter changes, required compliance with any environmental laws, rules, regulations, ordinances with respect to the extent that the foregoing are solely a result of Tenant's use of the Premisessuch systems, and similar maintenance and minor repair procedures. Tenant shall do all acts required furnish a current copy of said contract to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of landlord during 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 entire term of this Lease. (c) Except as otherwise expressly provided in this Lease, Tenant acknowledges that Landlord shall not be required to improve the Premises, and ▇▇▇▇▇▇ accepts the Premises “AS IS,” “WHERE IS” and “WITH ALL FAULTS” and agrees that neither Landlord nor any of its agents or employees have made any other representations or warranties, either written or oral, express or implied, with respect to the condition, suitability, state of repair or zoning of the premises.

Appears in 1 contract

Sources: Lease 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

Sources: 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

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

Maintenance and Repairs. (1a) Except Landlord shall maintain and keep in a state of good condition and repair the roof structure, the structural parts of the Building and other portions of the Building not the responsibility of Tenant hereunder, the foundation, all load-bearing walls, exterior windows, the electrical and lighting systems (other than in the Premises, except any electrical wiring within the walls, ceiling or floor shall be the maintenance obligation of Landlord), pipes and plumbing (other than in the Premises, except any pipes or plumbing within the walls, ceiling or floor shall be the maintenance obligation of Landlord), storm and sanitary sewer systems, ventilating system, heating and air conditioning units and/or systems, elevators, stairs and halls, loading doors, the grounds (including landscaping, parking areas, walkways, roadways and driveways) and all necessary apparatus, accessories and fixtures pertaining to the Park, Land and Building; however any such repairs which are required by reason of any waste, misuse or negligence on the part of Tenant and which are not covered by insurance required to be carried by Landlord pursuant to Paragraph 9.3 hereof, shall be made by Landlord at the expense of Tenant. The term “repair” shall include replacement as necessary. Landlord shall also keep the parking areas, driveways, roadways and walkways reasonably clear of ice and snow. Tenant expressly waives the benefits of any statute, including Civil Code Sections 1941 and 1942, which would afford Tenant the right to make repairs at Landlord’s expense or to terminate this Lease due to Landlord’s failure to keep the Building in good order, condition and repair. Landlord shall have no liability to Tenant for matters specified under Paragraph 4 above any damage, inconvenience or interference with the use of the Premises by Tenant as the result of Landlord performing any such maintenance and Paragraph 8A(3repair work. (b) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost and ’s expense, maintain every part of the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty exceptedincluding without limitation, including: the (i) all interior surfaces of the surfaces, ceilings, walls non-load bearing walls, door frames, window frames, floors, carpets, draperies, window coverings and floors; fixtures, (ii) all doors windows, doors, locks and interior windows; furnishings installed within closing devices, entrances and signs, (iii) all plumbing and sewage pipes (except to the extent otherwise provided for hereinabove), fixtures and fittings in the Premises; , (iv) all equipment phone lines, electrical wiring, equipment, switches, outlets and light bulbs in the Premises, (v) all of Tenant’s personal property, improvements and alterations, and (vi) all other fixtures and special items installed by or for the benefit of, or at the expense of Tenant; . Tenant shall not enter onto the roof area of the Building. Tenant shall not commit any waste on or to the Premises 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 shall keep the Premises in good ordera clean, neat and orderly 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 Landlord is required to comply with all applicable laws, ordinances, regulations do so pursuant to subparagraph (a) above or subparagraph 5(a). (c) All repairs and rules of any public authority relating solely replacements 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 be made pursuant 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 LeaseParagraph 6 shall be made within a reasonable time (depending on the nature of the required repair or replacement) after the party who is obligated to make such repair or replacement has actual or constructive notice of the necessity for such repair or replacement.

Appears in 1 contract

Sources: Lease Agreement (Eschelon Telecom Inc)

Maintenance and Repairs. (1a) Landlord’s Obligations Except as provided in Article 12, and except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligationdamage caused by any negligent or intentional act or omission of Tenant, Tenant shallTenant’s agents, employees, or invitees, Landlord at Tenant's its sole cost and expense, maintain the Premises expense shall 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 foundations, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain exterior walls, and exterior roof of the Premises. In Landlord shall also maintain the event that Tenant fails to commence such work within 30 days after written demand by Landlordunexposed electrical, plumbing, and diligently prosecute it to completionsewage systems including, then without limitation, those portions of the systems lying outside the Premises: window frames, gutters, and down spouts on the building, all sidewalks, landscaping and other improvements that are a part of the Premises or of which the Premises are a part. The Landlord shall have also maintain the rightheating, but ventilating and air conditioning systems servicing the Premises. Landlord shall not be obligated, resurface or restripe the parking area on or adjacent to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such workPremises when necessary. Landlord shall have no liability thirty (30) days after notice from Tenant to Tenant for any reasonable damagecommence to perform its obligations under this Article 9, inconvenience or interference with Tenant's use except that Landlord shall perform its obligations immediately if the nature of the Premises as problem presents a result of performing any such work. (3) hazard or emergency situation. If the 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 does not perform 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 obligations within this time limit set forth in Paragraph 4 above. Landlord this paragraph, Tenant can perform said obligations and shall do all acts required have the right to comply with all applicable laws, ordinances, regulations and rules be reimbursed for the amount that Tenant actually expends in the performance 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 PremisesLandlord’s obligations. If a repair is required as a result of Landlord does not reimburse Tenant within thirty (30) days after demand from 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 Tenant’s sole remedy shall be entitled to an abatement of rent commencing with institute suit against the fourth business day that the same are unusable; providedLandlord, however, that and Tenant shall not be entitled have the right to a pro rata abatement of withhold from future rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of sums 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 Leasehas expended.

Appears in 1 contract

Sources: Commercial Lease (View Systems Inc)

Maintenance and Repairs. During the term of this Lease: ----------------------- (1A) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant Lessee shall, at Tenantits own cost and expense, maintain in good condition and repair the interior of the Leased Premises, including but not limited to the electrical systems, heating, air conditioning and ventilation systems, plate glass, windows and doors, sprinkler and plumbing systems. Lessee's obligations to repair and maintain the Leased Premises shall include without limitation all plumbing and sewage facilities within the Leased Premises; fixtures; interior walls; floors; ceilings; windows in the storefront; doors; plate glass; show cases; skylights; all electrical facilities and equipment including without limitation lighting fixtures, lamps, fans and any exhaust equipment and systems; electrical motors; and all other appliances and equipment of every kind and nature located in, upon or about the Leased Premises except as to such maintenance and repair as is the obligation of Lessor pursuant to Subparagraph 9(B) herein. All glass, both interior and exterior, is at the sole risk of Lessee; and any broken glass shall be promptly replaced at Lessee's expense by glass in kind, size and quality. Lessee shall obtain a preventative maintenance contract on the heating, ventilating and air conditioning systems which shall be subject to the reasonable approval of Lessor and paid for by Lessee. Notwithstanding anything contained herein to the contrary, Lessee agrees to maintain at its sole cost and expense, maintain the Premises in good order, condition boiler and repair, ordinary wear heating system and tear replace at its sole cost and damage by fire expense air conditioning and casualty excepted, including: ventilation system units servicing the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Leased 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. See page 4A attached hereto. (2B) In the event that Tenant fails to Lessor shall maintain the Premises in good order, condition and repair as required under this Leasethe exterior walls, 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 Landlordroof, foundation 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 frame of the Building, the fire suppression system and if a repairthe parking and landscaped areas and provide the services which make up the Operating Expenses, 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 costs 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 improvementincluded in Operating Expenses provided, 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 any of the foregoing are solely a result of Tenant's use items require repair because of the Premisesnegligence, misuse or default of Lessee, its employees or invitees, Lessor shall make such repairs at Lessee's expense. Tenant Lessor shall do all acts required to comply with all applicable lawsat its own cost and expense, ordinancesreplace the roof, regulations parking lot, the boiler 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 heating systems and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease make other replacements to the contrary, in the event that the need for repairs or the making of repairs Building and Building systems as Lessor deems necessary. (or bothC) 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 Unless the same are unusable; providedis caused solely by the negligence or willful misconduct of Lessor, however, that Tenant Lessor shall not be entitled liable to a pro rata abatement Lessee or to any other person for any damage occasioned by failure in any utility system or by the bursting or leaking of rent under any vessel or pipe in or about the foregoing due to unusability (i) caused directly Lead Premises; or indirectly for any damage occasioned by any act water coming into the Leased Premises or omission arising from the acts or neglects of Tenant occupants of adjacent property 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 Leasepublic.

Appears in 1 contract

Sources: Lease Amendment (Prestolite Electric 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

Sources: Solar Power Lease Agreement

Maintenance and Repairs. (1) Except Responsibility for matters specified under Paragraph 4 above maintenance and Paragraph 8A(3) below repairs shall be allocated between Landlord and Tenant as being Landlordfollows: By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as acceptable for Tenant's obligation, use. Tenant shall, at Tenant's sole cost and expense: maintain the roof and the roof drains, and shall keep the roof generally free of debris; maintain the HVAC; be responsible for prompt removal of any and all graffiti on the Premises, subject to state, county and local ordinances; perform all reasonably necessary repair and maintenance to the Premises, both interior and exterior, including without limitation, interior and exterior walls, and all electrical, plumbing, gas, water, sewer, and other utilities; and Landlord shall have no responsibility therefor. Tenant agrees that Landlord shall be under no obligation to rebuild, replace, maintain, or make any repair whatsoever to the Premises other than those specifically stated herein. Tenant is accepting the HVAC system, generator and roof in its “AS- IS” condition at the time of move in. To be clear, Landlord will not have any obligation to perform any replacement or repairs to the HVAC system, or the generator or roof during the term of the Lease or any Additional Terms. Tenant shall have the right to place or install in the Premises such additions, tenant improvements, fixtures and equipment as it shall deem desirable for the conduct of business therein, and to select the paint colors it desires, so long as any such work is performed by licensed and bonded contractors in compliance with chapter 18.27 RCW, and so long as Tenant first receives the written consent of the Landlord, which consent shall not be unreasonably withheld. Tenant shall make no alterations to the structural portions of the Building on the Premises without the Landlord's written consent, which consent shall not be unreasonably withheld. Landlord shall be responsible for maintaining the roof, structural walls and foundation, provided that, in the event ▇▇▇▇▇▇'s use of the Premises creates a need for structural modifications, Tenant upon Landlord's written consent to any such structural modifications, shall be responsible for construction and maintenance of such modifications. Further, Landlord shall not be responsible for any improvements required for Tenant’s use and/or occupancy as stated in this Lease, specifically including but not limited to seismic retrofitting. Tenant agrees that it will maintain the Premises and repair all damage which may be caused to the Premises during the term of this Lease, except for ordinary wear and tear, and to keep in good order, condition and repair, ordinary every part of the Premises not provided by the Landlord. Tenant shall, upon termination of this Lease, surrender the Premises to Landlord in good condition, broom clean, 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 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 not use the plumbing for any purpose other than that for which they were constructed and rules of will not deposit any public authority relating foreign substances in a manner or amount such that the plumbing may become damaged or blocked. Tenant shall be 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 responsible for the cost of such repair. Notwithstanding anything in this Lease to any breakage, stoppage or damage resulting from the contrary, in the event that the need for repairs acts 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 omissions of Tenant or any of Tenant's servants, employees, agents, contractors, visitors its personnel 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.customers

Appears in 1 contract

Sources: Commercial 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

Sources: 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

Sources: Lease Agreement (Network Holdings International Inc)

Maintenance and Repairs. Landlord shall be responsible for maintenance, repair and replacement of all the exterior and structural elements of the Facility, including the exterior walls, windows, foundation, roof, gutters, down spouts (1) Except collectively, the "Facility Structure"), and the common areas, abutting sidewalks, driveways and asphalt and all general mechanical, plumbing, sprinkler, life safety, HVAC and electrical systems serving the Facility (collectively, the "Facility Systems"). Landlord shall perform such repairs, maintenance and replacements promptly once Landlord has knowledge of the need for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligationthe same. Subject to the foregoing, Tenant shallcovenants to perform routine repairs and maintenance of the Premises, at Tenant's sole cost with a cap of Five Hundred and expense00/100 Dollars ($500.00) per event and to promptly make all necessary interior repairs to the Facility, provided, however, in no event shall Tenant be responsible for capital repairs or improvements to the Premises or Facility. In addition, Tenant shall not be responsible to put the Premises or Facility in a better state of repair than exists on the Commencement Date. Tenant shall keep and maintain the Premises Property in good order, a clean and sanitary condition and repairshall not permit the accumulation of rubbish, ordinary wear and tear and damage by fire and casualty exceptedliquid waste, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within or refuse on the Premises; all equipment installed by or at . Tenant will be responsible for landscaping. Tenant shall also be responsible for the expense removal of Tenant; ice and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within snow from the Premises. (2) , including the costs of such removal. In the event that carrying out their respective responsibilities, Landlord and Tenant fails covenant to one another 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 accordance with all applicable laws, regulations, ordinances, regulations statutes, rules, orders, and rules decrees of any public authority relating federal, state, municipal, and local governmental authorities. Tenant will permit Landlord and its agents at all reasonable times and upon reasonable advance written notice (at least three (3) business days) during the Term to enter the PremisesPremises and examine the state of repair and condition thereof. Upon receipt of an invoice from Tenant, except Landlord agrees to pay Tenant for Landlord’s Proportionate Share of the costs to maintain and repair Landlord’s Space and the Common Areas as set forth in Section 2.03(b) to the extent that the foregoing are solely a result of Tenant's use of the PremisesTenant performs such maintenance and repair. Tenant shall do all acts required agrees to comply with all applicable laws, ordinances, regulations and rules invoice other tenants or third parties for proportionate shares of any public authority relating solely to Tenant's use maintenance costs upon request of the Premises. If a repair is required Landlord 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 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 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 LeaseSection 2.03(c).

Appears in 1 contract

Sources: Lease Agreement

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 and HVAC system 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

Sources: Stock Purchase Agreement (Hia Inc)