Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises. (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work. (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.
Appears in 5 contracts
Samples: Lease Agreement (Rentx Industries Inc), Lease Agreement (Rentx Industries Inc), Lease Agreement (Rentx Industries Inc)
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above as otherwise provided in this Article and Paragraph 8A(3) below as being Landlord's obligationArticles 12 and 13, Tenant shall, at Tenant's sole cost Sublessor shall keep and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good working order, condition and repair as required under this Leasecomparable to buildings in similar first-class office parks in the Portsmouth and Dover, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain New Hampshire market area the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, Common Facilities and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage portions of the Building including but not limited to the roof, exterior walls, floor slabs, columns, elevators, the plumbing, heating, lighting, and other building standard electrical equipment, ventilating equipment, air conditioning equipment, the elevators or escalators, and the life safety systems and equipment, utility systems and bathrooms wherever located. Sublessor shall also keep and maintain or cause to be maintained the Common Facilities including without limitation the parking lot, landscaped areas and other exterior grounds, stormwater management and drainage facilities, exterior lighting and the driveways, walkways, sidewalks, entrances and roadways in good order and repair, and shall keep the same reasonably free of debris, snow and ice. Except for repairs for which Sublessor is responsible hereunder, Sublessee shall maintain the Premises in the condition the Premises were in on the Rent Commencement Date, reasonable wear and tear, damage resulting from Sublessor’s activities or breach of Sublessor’s repair and maintenance obligations, damage by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amountfire or other casualty and governmental taking excepted. Such payment will be All repairs made by Tenant as set forth either Sublessor or Sublessee shall be done in Paragraph 4 above. Landlord shall do all acts required to comply a good and workmanlike manner in accordance with all applicable laws, ordinances, regulations . Whenever in this Lease the costs of repairs and rules of any public authority relating to the Premises, except to the extent that the foregoing maintenance are solely a result of Tenant's use imposed on one of the Premises. Tenant parties, such costs shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by first be paid from available insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, Sublessee shall have the right, in the event that the need for repairs its sole discretion, to terminate, in whole or the making of repairs (in part, any or both) which Landlord is obligated to effect at Landlord's expense renders a material portion all of the Premises unusable for more than three consecutive business daysrepair, then Tenant shall be entitled maintenance, cleaning or other services being provided by Sublessor pursuant to an abatement of rent commencing with the fourth business day that the same are unusablethis Lease; provided, provided however, that Tenant Sublessee shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission provide Sublessor with at least forty-five (45) days prior written notice of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licenseessuch termination, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes pay Sublessor for all amounts due Sublessor for such unusability, or services through the date of termination and (iii) where the repair in question perform such service or services itself or hire a substitute service provider that is one which Tenant is obligated reasonably acceptable to furnish under the provisions of this LeaseSublessor to carry out any such service that Sublessee has terminated with Sublessor.
Appears in 3 contracts
Samples: Lease (Salient Surgical Technologies, Inc.), Lease (Salient Surgical Technologies, Inc.), Lease (Salient Surgical Technologies, Inc.)
Maintenance and Repairs. (1) Except Landlord shall be responsible for matters specified under Paragraph 4 above all repairs and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within maintenance to the Premises; all equipment installed , with the exception of (i) such repairs necessitated by Resident’s intentional or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use negligent misuse of the Premises which shall be the responsibility of Resident; (ii) the replacement, as a result needed, of performing batteries in the smoke detectors and CO detectors, and all interior and exterior light bulbs in the Premises which shall be the responsibility of Resident; and (iii) the replacement of the air-conditioning filter, which Resident is responsible to change at least once per month. If repairs are necessary due to Resident’s neglect or misuse Landlord has the right to make repairs without Resident’s approval and bill these repairs to Residents. Once Landlord is aware of needed repairs, they have the right to make such repairs as soon as they see fit without further notice to Resident, and Landlord does not have any obligation to allow Resident to make such work.
(3) repairs. Resident shall promptly inform Xxxxxxxx, or its agent, in writing, of any necessary repairs which need to be performed by Landlord. If Resident fails to notify Landlord of any issues and this leads to additional damage, Resident will maintain, repair and replace all structural components be responsible for the cost of the repairs of any additional damage. Resident shall keep the Premises and the roof of the Building, items furnished by Landlord in good and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it clean condition. Resident shall be Landlord's responsibility to promptly make and pay reimburse Landlord within five (5) days for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay costs for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for necessary repairs or the making of repairs (replacements necessitated by Resident’s intentional or both) which Landlord is obligated to effect at Landlord's expense renders a material portion negligent misuse of the Premises unusable for more than three consecutive business daysor any items furnished by Landlord, then Tenant shall otherwise Resident will be entitled subject to an abatement of rent commencing with the fourth business day that the same are unusable; providedlate fees described in section 5. Landlord, howeverits officers, that Tenant agents and employees, shall not be entitled liable in any manner for any loss, injury or damage to a pro rata abatement of rent under the foregoing Resident, its agents and guests, due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servantsoutstanding repairs. Xxxxxxxx’s sole obligation is to be reasonably diligent in Landlord’s effort to execute necessary maintenance repairs. If Landlord uses a third party to make repairs, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question Landlord is one which Tenant is not obligated to furnish under provide receipts, and may increase charges to account for Landlord’s time spent on the provisions matter. Landlord has the right to preform regular inspections and make repairs during the term of this Leasethe lease, and charge Resident for such repairs in as timely manner. Without providing concession, Landlord has the right to make improvements to the Unit during the term of the lease, while the Unit is occupied, and will make every effort to minimize disturbance to Resident.
Appears in 3 contracts
Samples: Lease Agreement, Lease Agreement, Lease Agreement
Maintenance and Repairs. (1) Except for matters specified FOUNDATION will manage the design and construction of the Manufacturing Facility, subject to SILEVO’s rights under Paragraph 4 above Section 5.1(b). FOUNDATION shall keep the foundation, the exterior walls, plate glass windows, exterior entrance doors, exterior entrance door closure devices, and Paragraph 8A(3) below as being Landlord's obligationother exterior openings; window and window frames, Tenant shallmolding, at Tenant's sole cost locks, and expensehardware; signs, maintain placards, decorations or advertising media of any type, underground utilities and roof of the Premises Manufacturing Facility and furnace in good orderrepair. FOUNDATION will keep SILEVO apprised, condition where applicable, of maintenance and repair, ordinary wear repair work to the Manufacturing Facility and tear will coordinate any such maintenance and damage by fire and casualty excepted, including: repair work with SILEVO so as to minimize the interior surfaces disruption of the ceilingsManufacturing Operations. SILEVO shall be responsible for the maintenance and repair of the Manufacturing Equipment. SILEVO shall make all needed repairs and replacements of the Manufacturing Equipment, walls and floors; all doors and interior windows; furnishings installed within the Premises; Manufacturing Facility (including all equipment installed by utility systems located either within or at above ground on the expense outside perimeter of Tenant; the Manufacturing Facility), except for repairs and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are replacements required to so maintain the Premisesbe made by FOUNDATION hereunder. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense Manufacturing Equipment should become in need of Tenant as are reasonably maintenance or repair required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant SILEVO hereunder, SILEVO shall give prompt written notice thereof to FOUNDATION reasonably describing the maintenance and repair work to be performed, the Manufacturing Equipment affected, and proposed treatment; but in the event a condition arises with respect to the Manufacturing Equipment that either (i) creates a materially unsafe condition or imminent danger to persons with respect to the Manufacturing Equipment, or (ii) materially impairs the Manufacturing Equipment, as set forth determined by FOUNDATION, FOUNDATION may make immediate interim repairs as are necessary to prevent damage from occurring. FOUNDATION and SILEVO shall work together to coordinate maintenance and repair under any available warranties. FOUNDATION may appoint SILEVO as its agent to enforce all such express warranties with respect to the Manufacturing Equipment on a case by case basis, to allow SILEVO to undertake needed maintenance and repairs on an expedited basis when necessary to minimize downtime and impact on the Manufacturing Operations. In the event the Manufacturing Facility should become in Paragraph 4 above. Landlord shall do all acts need of maintenance or repair required to comply be made by FOUNDATION hereunder, FOUNDATION shall give prompt notice thereof to SILEVO; but in the event of a materially unsafe condition or imminent danger to persons with all applicable laws, ordinances, regulations and rules of any public authority relating respect to the PremisesManufacturing Facility, except as determined by FOUNDATION, FOUNDATION shall make immediate interim repairs as are necessary to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repairprevent damage from occurring. Notwithstanding anything to the contrary contained in this Lease Section 15.7, if a condition arises with respect to the contrary, in the event Manufacturing Facility that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability either (i) caused directly creates a materially unsafe condition or indirectly by any act imminent danger to persons, or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decorationmaterially impairs the manufacturing capacity or operation of the Manufacturing Operations, alterationSILEVO shall provide prompt written notice thereof to FOUNDATION and FOUNDATION shall take commercially reasonable steps to address the condition, improvement or addition which directly causes such unusabilitytaking into account the urgency of the situation. Where appropriate, or FOUNDATION shall cooperate with SILEVO (iiie.g., assigning warranty rights) where to enable SILEVO to address the repair in question is one which Tenant is obligated to furnish under the provisions of this Leasecondition.
Appears in 3 contracts
Samples: Research and Development Agreement, Research and Development Agreement (Solarcity Corp), Research and Development Agreement
Maintenance and Repairs. (1a) Except The Landlord is responsible for matters specified under Paragraph 4 above maintaining the Rental Unit in a good state of repair, fit for habitation during the Term, and Paragraph 8A(3to comply with health and safety standards including any housing standards required by law;
(b) below as being Landlord's obligationThe Tenant(s) is responsible to give the Landlord prompt written notice of any accident or defect in the state of repair of the Rental Unit or its fitness for habitation and, Tenant shallto give prompt written notice of any accident or any defect in the water pipes, at Tenant's sole cost gas pipes, or heating system, telephone, electric light or other wires, smoke detectors fire alarms, fire escapes and expenselocks or any other mechanical system in the Rental Unit whatsoever;
(c) The Tenant(s) is responsible for notifying the Landlord promptly in the event of damage to the Rental Unit, maintain including but not restricted to, damage caused by the Tenant(s)’ conduct or that of persons or pets permitted on the Premises in good order, condition and repair, ordinary wear and tear and by the Tenant(s);
(d) The Tenant(s) must repair or pay for any undue damage to the Rental Unit or Premises caused by fire and casualty excepted, including: the interior surfaces wilful or negligent conduct of the ceilingsTenant(s), walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by Tenant’s guest, the Tenant’s pet or another person who the Tenant is responsible at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.law;
(2e) In The Tenant(s) is responsible for ordinary cleanliness of the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by LandlordRental Unit, and diligently prosecute it agrees to completionclean floors, then fixtures, appliances, carpeting, etc. where installed, and generally all cleanable surfaces in the Rental Unit sufficiently often to prevent abnormal wear or deterioration during the Term. Garbage and recycling shall be disposed of in a timely manner and, until disposed, stored inside the Rental Unit in a manner that shall prevent unsanitary conditions and not attract vermin;
(f) The Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant held responsible for any reasonable damage, inconvenience damages or interference with Tenant's use personal discomfort resulting from a breakdown of the Premises as a result of performing electrical, mechanical or heating system or from any such work.
(3) Landlord will maintainother matter, repair and replace all structural components of which the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs exercising reasonable diligence, could not have known about or expected, or the making of repairs (or both) cause for which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leaseoutside its control.
Appears in 3 contracts
Samples: Tenancy Agreement, Tenancy Agreement, Tenancy Agreement
Maintenance and Repairs. (1a) Except for matters specified the maintenance, repairs and replacements Landlord is required to make pursuant to Section 13(b) of this Lease, and except for items expressly excluded from Operating Costs under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligationSection 6(b)(iii), Tenant shallshall take good care of the Premises and the fixtures and improvements therein, and, at Tenant's its sole cost and expense, maintain make repairs, restorations or replacements as and when needed to keep the Premises in good first class order, condition condition, and repair, ordinary reasonable wear and tear excepted. If Tenant fails, after notice to Tenant and damage the lapse of applicable grace periods in accordance with Section 31(b) of this Lease, to make any repairs, restorations or replacements required by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord may (but without any obligation to do so) make such repairs, restorations, or replacements at the reasonable expense of Tenant and such expense shall give be due within thirty (30) days of receipt by Tenant prior of written notice by Landlord, as additional rent. Tenant shall comply with all provisions of Section 13 and Section 15 of this Lease in connection with such repairs, restorations and replacements.
(b) Subject to Section 14(c), (d) and (e) hereof, and subject to Tenant's reimbursement of Landlord as provided in Section 6(b) hereunder, Landlord shall act as property manager for the Premises and, in such capacity, shall be responsible for the operation, maintenance and repair of the Premises, including but not limited to: Building maintenance, exterior window cleaning, normal maintenance and repair of the Premises (including heating and air conditioning systems, electrical and plumbing systems, landscaping, roof, roof membrane, elevator system, utility systems, Parking Lot, and snow removal) and security outside of the Building. In addition, Landlord shall make the structural repairs and replacements to the structural portion of the Premises that Landlord is required to make, at Landlord's cost and expense, without reimbursement from Tenant, pursuant to Section 6(b)(iii) of this Lease.
(c) Landlord agrees not to assign its responsibilities as property manager of the Premises to any other person or entity without first providing written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with obtaining Tenant's use of the Premises as a result of performing any written consent to such workassignment.
(3d) Landlord will maintainagrees, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement by not later than 45 days prior to the Premises under generally accepted accounting principlesCommencement Date, then it shall be Landlordto provide Tenant's responsibility to promptly make and pay Facilities Manager with a detailed property management plan for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result including proposed staffing levels and standards of Tenant's use management and maintenance of the Premises. Tenant shall do all acts required respond with its comments or approval of such plan within thirty (30) days of receipt of the management plan and to comply any revised submittal within ten (10) days of its receipt of the same. Landlord and Tenant shall discuss who Landlord shall hire or contract with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of as major service providers for the Premises. If Landlord shall have yearly inspections of the roof as required by the terms of the roof warranty and Landlord and Tenant shall cooperate in the enforcement of the roof warranty. Landlord shall advise Tenant in advance of any repair or maintenance cost believed to be in excess of $10,000. In the event Landlord or Tenant shall disagree about such plans, the need for such maintenance or repairs, or whom to hire as service providers, then Landlord and Tenant shall agree to a repair is required third party property manager, which third party property manager shall informally arbitrate such disputes.
(e) Except as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything provided elsewhere in this Lease to the contrary, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord, by reason of inconvenience, annoyance or injury to, or interruption of business, arising from Landlord, Tenant or others making any repairs, restorations, replacements, alterations, additions or improvements in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material any portion of the Premises, or in or to fixtures, appurtenances or equipment thereof; provided that such repairs, restorations, etc. do not prevent Tenant from operating in the Premises unusable as anticipated hereunder for more than three consecutive business daystwenty-four hours. In such case, then Tenant Rent hereunder shall be entitled abated in proportion to an abatement of rent commencing with the fourth business day that untenantable space in the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under Premises. Notwithstanding the provisions of Section 12, Section 14 or Section 21 or any other provision of this Lease to the contrary, in exercising its rights pursuant to this Lease, Landlord shall not unreasonably interfere with the access to the Premises or Tenant's business operations therein.
Appears in 3 contracts
Samples: Lease (Brooks Automation Inc), Lease (Brooks Automation Inc), Lease (Helix Technology Corp)
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above Tenant shall take good care of ----------------------- and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, maintain the Premises (including all plate glass, Trade Fixtures, and improvements, additions, or alterations situated in good orderthe Premises) in a first class, clean, and safe condition and repair, ordinary wear and tear and other than damage caused by fire and casualty excepted, including: the interior surfaces negligence of Landlord. Tenant shall not commit or allow any waste or damage to be committed on any portion of the ceilingsPremises or the Project. Tenant shall repair or replace any damage to any part of the Project, walls caused by Tenant or by a Tenant Related Party. However, Landlord may, at its option, make such repairs, improvements, or replacements; and floorsTenant shall repay Landlord on demand the actual costs incurred by Landlord to make such repairs, improvements, or replacements plus an additional charge (as determined by Landlord) to cover administrative overhead. Landlord shall arrange for the repair and maintenance of the foundation, exterior walls, and roof of the Building; all doors and interior windows; furnishings installed the public areas within the PremisesBuilding; all equipment the heating, air conditioning, and ventilation system within the Building; and the facilities providing utility services (other than facilities installed by a telephone or at the expense of telecommunications provider selected by Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs ) which are located within the Premises.
Project (2) In the event that Tenant fails to maintain the Premises in good ordercollectively, condition and repair as required under this Lease"Landlord's Repair Obligations"). Landlord, Landlord however, shall give Tenant prior written notice to do such acts as are not be required to so maintain make any repairs arising as a result of, in whole or in part the Premisesact or negligence of Tenant or any Tenant Related Party; and the cost of those repairs shall be the obligation of Tenant. In the event that the Premises become in need of repairs which are within Landlord's Repair Obligations, Tenant fails shall give immediate notice to commence Landlord of the nature of such work within 30 days after written demand by Landlord, repair needs; and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, responsible in any way for failure to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord make any repairs until a reasonable time shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) elapsed after receipt by Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leasewritten notice.
Appears in 3 contracts
Samples: Lease Agreement (Equinix Inc), Lease Agreement (Equinix Inc), Lease Agreement (Equinix Inc)
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.consecutive
Appears in 3 contracts
Samples: Lease Agreement (Rentx Industries Inc), Lease Agreement (Rentx Industries Inc), Lease Agreement (Rentx Industries Inc)
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's its sole cost and expense, maintain the Premises in good orderperform all maintenance, condition repair and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within replacement tasks to the Premises; all equipment installed by or at the expense of Tenant; provided, however, prior to exercise and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use performance of the Premises as a result of performing any such work.
(3) Option, neither Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement nor Tenant shall be obligated to make repairs or alteration or other change improvements that would be considered a capital improvement or replacement expense (according to Generally Accepted Accounting Principles, “GAAP”). By way of illustration, but not as a limitation at all times throughout the Term, Tenant shall maintain all improvements to the Premises under generally accepted accounting principlesnow or hereafter existing therein or thereon in good condition consistent with the standards of maintenance established during Landlord’s ownership. Tenant’s obligation to maintain and repair shall also specifically include the maintenance, then it repair or replacement of fixtures and equipment essential to operation and enjoyment of the Premises; the heating, air- conditioning, electrical and plumbing systems; exterior and interior doors; windows and glass; any signs or other equipment installed and used by Tenant; and any easements appurtenant to the Premises in accordance with the terms of such easements. Tenant shall make such replacements of any of the foregoing as may become reasonably necessary during the Term. The provisions of this Section 9 shall not apply in the case of damage or destruction by fire or other casualty, or in the case of eminent domain, in which event the obligations of Tenant shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building controlled by the square footage of all buildings benefitted by specific provisions hereof addressing such improvement, including the Building) of the annual amortized amountevents. Such payment will be made by Tenant In carrying out its obligations as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceedsthis Section 9, Tenant will pay for agrees to conform to all requirements of law, the cost regulations of such repairapplicable public authorities, and the requirements of insurers. Notwithstanding anything in this Lease to the contraryFurther, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not take any action nor permit any action to be entitled taken which would result in or cause the loss, termination or forfeiture of any easement right appurtenant to a pro rata abatement the Premises or which would result in the violation of rent under any covenants, conditions or restrictions burdening the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this LeasePremises.
Appears in 3 contracts
Samples: Asset Transfer Agreement, Asset Transfer Agreement, Lease Agreement
Maintenance and Repairs. (1) A. Landlord's Obligations Except for matters specified under Paragraph 4 above special or non-standard systems and Paragraph 8A(3) below as being Landlordequipment installed for Tenant's obligationexclusive use, Tenant Landlord shall, at Landlord's initial cost and expense subject to reimbursement by Tenant of Tenant's sole Proportionate Share of such cost and expense, maintain the Premises keep in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Leasethe heating, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, ventilating and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts air conditioning and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of other mechanical systems which service the Premises as a result well as other premises within the Building; the foundations, exterior walls, structural condition of performing any such work.
(3) Landlord will maintaininterior bearing walls, repair and replace all structural components roof of the Premises and Building; and the roof parking lots, walkways, driveways, landscaping, fences, signs and utility installations and other Common Areas of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 aboveProject. Landlord shall do all acts required not be in breach of its obligations under this Section unless Landlord fails to comply with all applicable laws, ordinances, regulations and rules of make any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) perform maintenance which Landlord it is obligated to effect at Landlord's expense renders perform hereunder and such failure persists for an unreasonable time after written notice of a material portion of the Premises unusable need for more than three consecutive business days, then Tenant shall be entitled such repairs or maintenance is given to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant Landlord by Tenant. Landlord shall not be entitled required to a pro rata abatement make any repairs that are the obligation of rent under any tenant or occupant within the foregoing due to unusability (i) Building or Project or repairs for damage caused directly or indirectly by any negligent or intentional act or omission of Tenant or any person claiming through or under Tenant or any of Tenant's servants, employees, agentssuppliers, contractorsshippers, visitors customers or licenseesinvitees, (ii) where in which event Tenant makes a decorationshall, alteration, improvement or addition which directly causes such unusability, or (iii) where with the repair in question is one which Tenant is obligated to furnish consent and under the provisions direction of this LeaseLandlord, repair such damage at its sole cost and expense. Tenant hereby waives and releases any right it may have to make repairs to the Premises, Building or Project at Landlord's expense under any law, statute, ordinance, rules and regulations now or hereafter in effect in any jurisdiction in which the Project is located.
Appears in 2 contracts
Samples: Office Lease (PSW Technologies Inc), Office Lease (PSW Technologies Inc)
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shallTenant, at Tenant's sole cost and expenseits cost, shall maintain the Premises in a good order, condition consistent with the condition of the Premises existing at the time of delivery. Tenant acknowledges and accepts that the Premises are leased in "AS IS" condition and repairTenant shall keep and maintain the Premises, ordinary wear and including the structural elements of the buildings, as hereinafter defined, on the Premises in a condition existing at the time Tenant takes possession of the Premises excepting normal wear, tear and damage by fire and casualty excepted, including: casualty.
1. District makes no representations or warranties for the interior surfaces structure of the ceilingsbuilding as it exists but District agrees that if the structural elements of the building become damaged to a lesser condition than currently exists, walls and floors; all doors and interior windows; furnishings installed within if such structural damage is due to no fault or negligence of Tenant, then District will repair the damage in such a manner as to bring it back to a condition which is similar to the condition which existed at the time Tenant takes possession of the Premises; all equipment installed by or at however, District may terminate this Lease if such repair cost exceeds One Hundred Fifty Thousand dollars ($150,000) per incident. District agrees to pro-rate Tenant’s rent during the expense of Tenant; and all plumbing"repair" period, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within if the Premises.
resulting structural damage prohibits Tenant from carrying out its normal daily activities. If District elects not to perform a repair which cost exceeds One Hundred Fifty Thousand dollars (2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion$150,000), then Landlord shall have the right, but shall not be obligated, Tenant may elect to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components remain in possession of the Premises and pay the roof stipulated rent unless changed through mutual agreement of the Buildingparties or Tenant may elect to terminate this Lease.
2. District shall not be required to maintain, and if a repair, replacement repair or alteration or other change would be considered a capital improvement or replacement to replace the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, interior spaces including the Building) interior surface of the annual amortized amountexterior walls. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts If District is required to comply with all applicable lawsperform maintenance that is not District’s obligation, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable lawsreimburse District, ordinancesas additional rent, regulations and rules within fifteen (15) days after receipt of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceedsbilling, Tenant will pay for the cost of such repairmaintenance and repairs which are the obligation of Tenant hereunder.
3. Notwithstanding anything As used in this Lease to Lease, the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion term "structural elements of the Premises unusable for more than three consecutive business daysbuildings" are defined as the roof, then Tenant foundation, footings, floor slab, flooring, and structural walls. Plumbing, air conditioning, electrical and heating systems shall be entitled to an abatement considered “structural elements of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leasebuilding.”
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
Maintenance and Repairs. Landlord shall keep the foundation, the exterior walls (1except glass; windows; doors; door closure devises; window and door frames, molding, locks, and hardware) Except and exterior painting or other treatment of exterior walls, and the roof of the leased premises in good repair except that Landlord shall not be required to make any repairs occasioned by the act or negligence of Tenant, its employees, subtenants, licensees and concessionaires. Tenant is responsible for matters specified under Paragraph 4 above maintenance of the common area and Paragraph 8A(3) below as being Landlord's obligationcommon area equipment. If Landlord is responsible for any such repair and maintenance, Tenant shallagrees to give Landlord written notice of needed repairs. Landlord shall make such repairs within a reasonable time. Tenant shall notify Landlord immediately of any emergency repairs. Tenant shall keep the leased premises in good, clean condition and shall at Tenant's its sole cost and expense, maintain the Premises in good ordermake all needed repairs and replacements, condition including replacement of cracked or broken glass, except for repairs and repair, ordinary wear and tear and damage replacements required to be made by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required Landlord under this Lease, Landlord shall give Tenant prior written notice to do such acts as are section. If any repairs required to so maintain the Premises. In the event that be made by Tenant fails to commence such work hereunder are not made within 30 ten (10) days after written demand notice delivered to Tenant by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do may at its option make such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no repairs without liability to Tenant for any reasonable damage, inconvenience loss or interference with Tenant's use damage which may result by reason of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Buildingrepairs, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required pay to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required Landlord upon demand as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for additional rent hereunder the cost of such repairrepairs plus interest. Notwithstanding anything in At the termination of this Lease to the contrarylease, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with deliver the fourth business day that the same are unusable; providedleased premises in good order and condition, howevernormal wear and tear excepted. Normal wear and tear means deterioration which occurs without negligence, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly carelessness, accident or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leaseabuse.
Appears in 2 contracts
Samples: Commercial Lease, Commercial Lease
Maintenance and Repairs. (1) Except 16.1 Lessee is responsible for matters specified under Paragraph 4 above maintenance and Paragraph 8A(3) below repair of all items, improvements, structures and equipment that are part of Lessees Services, unless otherwise specifically designated as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, maintain City’s responsibility. Lessee covenants to keep the Leased Premises in good order, condition and structural repair, ordinary wear and tear and damage by fire and casualty excepted, including: including the interior surfaces of the ceilingsroof, walls and floorsfoundations to be constructed.
16.2 Exterior maintenance, including without limitation, routine gardening, cutting, mulching, pruning and similar maintenance of all foliage; routine and non-routine maintenance of parking areas (including cleaning, paining, striping, paving, and repairs), common exterior areas, and swale areas shall be done by Lessee, at its expense.
16.3 The Lessee shall keep the interior of the charter school in accordance with generally accepted good practices, including paining, the replacement of worn or damaged floor covering and repairs or replacement of interior equipment as may be necessary due to normal usage.
16.4 Lessee shall be responsible for all doors interior and interior windows; furnishings installed within exterior pest control services, janitorial costs and services related to the charter school.
16.5 Lessee shall be responsible for the exterior appearance of the buildings on the Leased Premises; all equipment installed by , including without limitation paint, mold, mildew, and water stains. Lessee shall obtain City’s written approval of the paint colors in advance. In the event of Lessee’s failure to obtain City’s paint color approval in advance, the City has the right to require changes to the paint and color at Lessee’s expense.
16.6 If Lessee fails to timely make repairs or to maintain the Leased Premises as it is required under the terms of this Agreement, then the Lessee shall be liable for any damages to property or loss thereby sustained, and the City may have such repairs made at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the PremisesLessee. In such event, the event that Tenant fails to commence such work within 30 days after written demand by LandlordLessee shall pay additional rent at the next rental payment deadline, upon presentation of a certified invoice detailing the repairs made and the expenses incurred, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense with verification of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such workpayment.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.
Appears in 2 contracts
Samples: Ground Lease Agreement, Ground Lease Agreement
Maintenance and Repairs. Tenant agrees to maintain the Premises and perform minor repairs such as leaking faucets and changing of air conditioner filters. Tenant shall be responsible for failure to make such repairs and shall be liable for damage resulting from such failure. Landlord shall be responsible for major repairs. The rights and obligations of the parties hereto regarding these repairs are described herein:
(1a) Except Tenant shall notify Landlord promptly by telephone, in person or in writing upon discovery of any major item requiring repair,
(b) Landlord shall be required to complete such repair or cause such repair to be completed within three (3) business days after receiving such notification thereof from Tenant unless such repair cannot be reasonably completed within such three (3) business day period for matters specified under Paragraph 4 above reasons beyond the control of Landlord, in which event such repair shall be completed as soon as practically possible, but in any event within seven (7) business days after such notification, and
(c) Tenant shall pay the first $ 500.00 for the repair of any one item requiring repair, or shall be entitled (but not obligated) to effect any repair at Tenant's sole cost and Paragraph 8A(3expense in which case the Landlord must be notified and may require inspection of such repairs and copies of receipts for labor and/or materials for said repairs.
(d) below as being In the case of emergency repairs, Landlord shall be obligated to complete or cause same to be completed within forty-eight (48) hours after notification of the need for such repair by Tenant. In the event Landlord fails to complete any emergency repairs within said forty-eight (48) hours period for any reason whatsoever, Tenant shall be entitled to effect such repairs and Landlord shall pay all expenses (subject to limits described in subsection (iii) hereinabove) thereby incurred by Tenant upon written notification to Landlord by Tenant that such repairs have been effected and following inspection of such repairs by Landlord.
(e) Tenant shall pay Landlord for any property damage and/or cost of repairs to the Premises caused by the negligence or misuse thereof by Tenant, or Tenant's guests and/or other occupants. At the Landlord's obligationdiscretion, such repairs may be affected by Tenant shall, at Tenant's sole cost and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2f) In Any outstanding debt for such repairs may be deducted from the event that Tenant fails security deposit or charges to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such worktenant.
(3g) Landlord will maintainTenant shall maintain the yard by watering, repair weeding, mowing the grass and replace trimming the shrubs so as to maintain a good appearance. Extermination services for all structural components pests and insects as reasonably needed shall be arranged and paid for by Tenant. Both parties acknowledge that the rent would be higher if the foregoing responsibilities were allocated differently. This assumption of the Premises and the roof of the Buildingresponsibility by Tenant is entered into knowingly, voluntarily, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make for consideration and pay for such repair, replacement, alteration or other change. The cost is an express waiver of any such capital improvement shall be amortized over the useful life statutory or common law obligation of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.
Appears in 2 contracts
Samples: Commercial Lease Agreement (Signal Advance Inc), Commercial Lease Agreement (Signal Advance Inc)
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above Unless expressly provided otherwise in this Lease, and Paragraph 8A(3) below as being Landlord's obligationin addition to the provisions of Section 6(A), Tenant shallLandlord shall maintain, at Tenant's sole cost and expense, maintain the Premises in good order, condition and repair, ordinary wear the common and tear and damage by fire and casualty excepted, including: the interior surfaces core areas of the ceilingsBuilding, walls the structural parts of the Building which shall include only the foundations, bearing and floors; all exterior walls, windows and doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain unless such doors serve the Premises in good orderexclusively), condition and repair as required under this Leasesubflooring, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlordgutters, and diligently prosecute it to completiondownspouts, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the BuildingBuilding (including the membrane and roof slab), and if a repairthe Building Systems and Equipment; provided, replacement or alteration or other change would be considered a capital improvement or replacement to in the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of event any such capital improvement shall be amortized over replacements, repairs or maintenance are caused by or result from Tenant’s the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result negligence or willful misconduct of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinancesits agents, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceedsemployees or invitees, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then shall be paid solely by Tenant and Tenant shall be entitled pay the cost thereof within ten (10) days of written notice from Landlord. Except as provided above, and subject to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions Section 10 of this Lease, Tenant shall maintain and repair the Premises in neat, clean, sanitary and good condition, including, without limitation, maintaining and repairing all interior walls, storefronts (if any), ceilings, interior doors, exterior doors serving the Premises exclusively and interior windows and fixtures, Premises’ specific systems and equipment as well as any damage to the Building, Property or Premises caused by Tenant, its agents, employees or invitees. If Tenant shall fail to keep and preserve the Premises in said condition and state or repair, Landlord may, at its option (but with no obligation), after providing Tenant ten (10) days prior written notice (or such shorter or no notice if Landlord reasonably determines that there is an imminent danger to person or property) put or cause the same to be put into the condition and state of repair agreed upon, and in such case Tenant, on demand, shall pay the Landlord’s reasonable out-of-pocket cost thereof.
Appears in 2 contracts
Samples: Office Lease (Carbon Black, Inc.), Office Lease (Carbon Black, Inc.)
Maintenance and Repairs. (1) A. Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligationotherwise provided herein, during the term of this Lease, Tenant shall, at Tenant's sole cost and expense, maintain keep the Demised Premises in good working order, condition and repair and in compliance with all applicable laws and shall perform all routine maintenance thereof and all necessary repairs thereto, interior and exterior, structural and nonstructural ordinary and extraordinary, foreseen or unforeseen, of every nature, kind and description. When used in this Paragraph 7, "repairs" shall include all necessary replacements, renewals, alterations, additions and betterments. If Tenant cannot keep the Demised Premises or any portion thereof in good working order, condition and repair, ordinary wear then Tenant shall replace the same in a first-class manner. Tenant shall comply with manufacturers' recommended schedules for warranty work. Tenant shall furnish its own cleaning services. All repairs and tear replacements made by Tenant shall be at least equal in quality to the original work and shall be made by Tenant in accordance with all applicable laws. The necessity for or adequacy of maintenance, repairs and replacements shall be measured by the standards which are appropriate for improvements of similar construction and class, provided that Tenant shall in any event make all repairs and replacements necessary to avoid any structural damage by fire and casualty excepted, including: or other damage or injury to the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Demised Premises.
(2) In B. Notwithstanding the provisions of Paragraph 7A, and Tenant's obligations to pay for all repairs, in the event that at any time during the term of this Lease after the expiration of the twentieth (20th) Lease Year (commencing with the Third Extension Term), Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as reasonably determines that capital expenditures are required to so maintain be expended by Tenant in connection with maintaining, repairing or replacing the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience roof or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repairor replacing the parking areas, replacement Building plumbing, electrical heating, ventilation, or alteration cooling equipment, sprinkler systems, or making any other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of expenditure required by subsequent law (any such capital improvement expenditure being herein referred to as a "Specified Capital Item"), then the Tenant shall submit to Landlord a proposed budget for such capital expenses for the Specified Capital Items and obtain Landlord's prior written approval thereof, which approval shall not be amortized over unreasonably withheld or delayed. Upon Tenant's obtaining Landlord's prior written approval of such Specified Capital Items and Tenant completing such work in accordance with the requirements set forth in this Lease, then and in that event, the Landlord agrees that it shall reimburse Tenant for an amount ("Reimbursement Amount") equal to the actual costs incurred in connection with the Specified Capital Item previously approved by Landlord multiplied by a fraction, the numerator of which is the portion of the useful life of such item Specified Capital Items remaining after the then existing term and the denominator of which is the useful life of such Specified Capital Item (i.e., by way of example, in the event that the approved cost for an approved Specified Capital Item was Out Thousand Dollars ($1,000) and the useful life of such Specified Capital Item was eight (8) years and such work was commenced at the end of the twentieth (20th) Lease Year, then in such event, Landlord would reimburse Tenant agrees to pay its percentage share for Five Hundred Dollars (which $500) as the Reimbursement Amount). The "useful life" of a Specified Capital Item shall be determined by dividing using the square footage of United States Internal Revenue Service standard depreciation schedule in effect on the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent date that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair capital expenditure is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repairmade. Notwithstanding anything in this Lease contained herein to the contrary, in the event that the need for repairs or Tenant exercises its option to extend the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion term of the Premises unusable for more than three consecutive business daysLease, then simultaneous with the exercise of such renewal option, the Tenant shall be entitled pay to Landlord an abatement amount equal to the difference between the Reimbursement Amount and the amount Landlord would have paid as a Reimbursement Amount had the term been extended by the Extension Term at the time such Specified Capital Item was commenced (i.e., by way of rent commencing example, in the event that the Specified Capital Item was One Thousand Dollars ($1,000) and that the useful life of the Specified Capital Item was eight (8) years, with such work having been commenced at the end of the twentieth (20th) Lease Year, whereby Landlord reimbursed Tenant a Reimbursement Amount of Five Hundred Dollars ($500), then simultaneous with the fourth business day that exercise of its option to extend the same are unusable; providedTerm for the Fourth Extension Term, however, that the Tenant would pay to Landlord an amount equal to Five Hundred Dollars ($500)). The allocation of the costs of Specified Capital Items as set forth in this Paragraph 7.B. shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of relieve Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the maintenance and repair in question is one which Tenant is obligated to furnish obligations under the provisions of this Lease.
Appears in 2 contracts
Samples: Sublease (R2 Technology Inc), Sublease Agreement (R2 Technology Inc)
Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above as otherwise provided in this Lease and Paragraph 8A(3) below subject to reimbursement, if any, as being Landlord's obligationexpressly provide herein, Tenant shall, Landlord at Tenant's sole cost its expense shall keep and expense, maintain the Premises in good orderCommon Areas, condition foundation, roof, and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces structural portions of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repairthe main utility connections serving the Building and Common Areas, replacement or alteration or other change would be considered a capital improvement or replacement in good working order and repair consistent with reasonable standards of building maintenance at all times during the term of this Lease. Landlord shall have the right to grant easements and/or rights-of-way over and across the Common Areas so long as Tenant’s access to the Premises under generally accepted accounting principles, then it and parking rights are not adversely affected. Tenant shall be Landlord's responsibility responsible for and shall at its expense repair any damage to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage roof of the Building by the square footage of all buildings benefitted by such improvement, including the Building) Premises resulting from any penetration of the annual amortized amount. Such payment will be roof of the Premises made by Tenant or its agents or contractors for the purpose of installing vents, exhaust fans, or similar devices serving the Premises or for any other purpose. Tenant at its expense shall repair any damage to any portion of the Premises and/or Building caused by the acts or omissions of Tenant or any of Tenant's contractors, employees, agents, customers, or invitees. Except for those items for which Landlord is responsible pursuant to the first sentence of this paragraph, Tenant at its expense shall keep and maintain the Premises in good, safe, and sanitary condition and repair at all times during the term of this Lease in such manner as set forth in Paragraph 4 above. Landlord shall do all acts and any insurer of the Premises reasonably may require and also as may be required to comply with all applicable laws, ordinances, rules, and regulations and rules of any public authority relating to the Premisesfederal, except to the extent that the foregoing are solely a result of Tenant's use of state, or local governmental agency or subdivision having jurisdiction over the Premises. Tenant's responsibilities under this paragraph shall include but are not limited to all plate glass windows and window fixtures and doors and door fixtures in the Premises and the fixtures and equipment serving or constituting a part of the Premises (including but not limited to the lighting, heating, air conditioning, ventilating, plumbing, electrical, and sewer and other mechanical systems and equipment serving the Premises). Tenant at its expense promptly shall do make any and all acts repairs and replacements to the Premises and to the fixtures and equipment serving or constituting a part thereof which may be required to comply with all applicable lawsthe obligations of Tenant under this paragraph, ordinancesin each case in a good and workmanlike manner using materials, regulations fixtures, and rules equipment whose quality is at least equal to that of any public authority relating solely to the materials, fixtures, and equipment being repaired or replaced. Upon the expiration or termination of this Lease, Tenant shall deliver the Premises and the fixtures and equipment constituting a part thereof (excluding Tenant's use trade fixtures) to Landlord in good condition and repair, reasonable wear and tear excepted. Tenant shall deliver to Landlord prior to occupancy a list of all items Tenant will consider trade fixtures, and Landlord and Tenant shall agree on the identification of trade fixtures prior to the commencement of the Premisesterm. If a Notwithstanding the foregoing provisions of this paragraph, Landlord and Tenant agree that this paragraph shall not be applicable to any damage to or destruction of the Premises falling within the scope of paragraphs 18 and 19 (dealing with insured and uninsured casualties) or paragraph 39 (dealing with eminent domain), which damage or destruction shall be governed by the provisions of such other paragraphs.
(b) In the event an emergency repair is required as a result necessary, which is the obligation of Tenant's negligence Landlord, Xxxxxx hereby agrees to diligently attempt to contact Landlord, or the Building manager whom Xxxxxx has been notified to contact in the event of an emergency, prior to making any such emergency repair. However, in the event of an emergency, and such repair cost Tenant is not covered able to contact Landlord, or the appropriate property manager within a reasonable period of time after the onset of the emergency (which “reasonable period of time” shall be dictated by insurance proceedsthe type of emergency which has occurred), or in the event that Tenant will pay is instructed by the Landlord or the property manager to make the repairs itself, Landlord shall reimburse Tenant, within twenty (20) days of receipt of an invoice evidencing such costs, for the cost of such repairemergency repair (which must be normal and customary for the emergency circumstance), which was necessary and was performed by Tenant and was otherwise the responsibility of Landlord under the terms of this Lease. Notwithstanding anything in this Lease Any repairs or replacements which Landlord is required to the contrary, in the event that make shall be made within a reasonable period of time after receiving notice or having actual knowledge of the need for repairs such repair or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leasereplacement.
Appears in 2 contracts
Samples: Building Lease (Solera National Bancorp, Inc.), Building Lease (Solera National Bancorp, Inc.)
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above repairs caused by the willful misconduct or gross negligence of Landlord, or its agents, employees, contractors or servants (which Landlord shall promptly and Paragraph 8A(3) below as being Landlord's obligation, Tenant shallproperly repair, at TenantLandlord's sole cost and expense, to a condition at least as good as existed immediately prior to such act by Landlord, or its agents, employees, contractors or servants of gross negligence or willful misconduct), Tenant shall, at its own cost and expense, maintain the Premises, including the buildings and improvements now or at any time erected thereon, the exterior walls, roofs, foundations and structural frame of any and all such improvements or buildings, the interior of any and all such improvements or buildings, including, but not limited to, the electrical systems, heating, air conditioning and ventilation systems, plate glass, windows and doors, sprinkler and plumbing systems, and any access ways and other paved areas upon the Premises and the sidewalks, curbs, roadways, parking areas, landscaping, grounds, fences and vaults, if any, and all other items of the Premises and improvements, exterior and interior, structural and nonstructural, in good good, first class and Class "A" order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: in a manner not less than the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair of other first class office buildings in the Innsbrook Corporate Center development, ordinary wear and tear excepted, subject to Tenant's obligation to provide such ongoing maintenance of the Premises, including repairs as required under this Leasenecessary of items suffering from ordinary wear and tear, Landlord shall give Tenant prior written notice to do such acts as are required to so which will maintain the PremisesPremises and improvements in the foregoing first class order, condition and repair. In Tenant shall promptly at the event that Tenant fails Tenant's sole cost and expense make all necessary repairs, interior and exterior, structural and non-structural, ordinary as well as extraordinary, foreseen as well as unforeseen, with respect to commence such work within 30 days after written demand by Landlordthe foregoing items of maintenance and repair. Repairs shall include replacements or renewals when reasonably necessary, and diligently prosecute it all such repairs made by the Tenant shall be equal in quality and class to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such original work. Landlord Tenant shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair keep and replace maintain all structural components portions of the Premises and the roof sidewalks, walkways and parking areas adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. Without limiting the Buildingforegoing, and if a on or before November 1, 1995 Tenant shall repair, replacement or alteration or other change would be considered a capital improvement or replacement to replace and/or renovate, as applicable, the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost items of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as repair set forth in Paragraph 4 above. that certain letter from Landlord shall do all acts required to comply with all applicable lawsTenant dated June 8, ordinances1995, regulations and rules a copy of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair which is required attached hereto as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this LeaseExhibit "G".
Appears in 2 contracts
Samples: Lease Agreement (Markel Corp), Lease Agreement (Markel Corp)
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, throughout the term of this lease, take good care of the demised premises and the fixtures and appurtenances therein. Tenant shall be responsible for all damage or injury to the demise premises or any other part of the building and the systems and equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, Tenant's subtenants, agents, employees, invitees or licensees, or approvals and certificates to Owner and Tenants agrees to carry and will cause Tenant's contractors and sub-contractors to carry such xxxxxxx'x compensation, general liability, personal and property damage insurance as Owner may require which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the installation, use or operation of the property or equipment of Tenant or any subtenant. Tenant shall also repair all damage to the building and the demised premises caused by the moving of Tenant's fixtures, furniture and equipment. Tenant shall promptly make, at Tenant's sole cost and expense, all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the trade or trades in question, selected from a list of at least two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and systems thereof for which Tenant is responsible shall be performed by Owner at Tenant's expense. Owner shall maintain the Premises in good order, condition working order and repair, ordinary wear repair the exterior and tear and damage by fire and casualty excepted, including: the interior surfaces structural portions of the ceilingsbuilding, walls including the structural portions of its demised premises, and floors; all doors the public portions of the building interior and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all building plumbing, heatingelectrical, ventilating, electrical heating and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within ventilating systems (to the Premises.
(2extent such systems presently exist) In serving the event that demised premises. Tenant fails agrees to maintain give prompt notice of any defective condition in the Premises in good order, condition and repair as required under this Lease, Landlord premises for which Owner may be responsible hereunder. There shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner or others making repairs, alterations, additions or improvements in or to any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business daysbuilding or the demised premises or in and to the fixtures, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, appurtenances or equipment thereof. It is specifically agreed that Tenant shall not be entitled to a pro rata abatement any setoff or reduction of rent under by reason of any failure of Owner to comply with the foregoing due to unusability (i) caused directly or indirectly by any act or omission covenants of Tenant this or any other article of this Lease. Tenant agrees that Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes sole remedy at law in such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the instance will be by way of an action for damages for breach of contract. The provisions of this Lease.Article 4 shall not apply in the case of fire or other casualty which are dealt with in Article 9 hereof. WINDOW CLEANING:
Appears in 2 contracts
Samples: Office Lease (Callnow Com Inc), Office Lease (Callnow Com Inc)
Maintenance and Repairs. (1a) Except Subject to Tenant’s responsibilities set forth in Paragraph 14 (d), Landlord shall keep the Building and all machinery, equipment and fixtures attached to, or used in connection with the operation of the Building, including all electrical, heating, mechanical, sanitary, sprinkler, utility, power, plumbing, cleaning, refrigeration, ventilating, air conditioning and elevator systems and equipment (excluding, however, lines, improvements, systems and machinery for matters specified under Paragraph 4 above water, gas, steam and Paragraph 8A(3electricity owned and maintained by any public utility company or governmental agency or body and excluding also any of Tenant’s property) below as being Landlord's obligationin good order and repair, consistent with similar properties in the Sterling, Virginia area. Landlord reserves the right of access to the Premises for the purposes of such operation, cleaning, maintenance, safety, security and repairs, and agrees that it shall use reasonable efforts (except in the case of emergency) to provide reasonable advance notice to Tenant shall, at Tenant's sole of its intent to enter the Premises for such purposes. The cost for maintaining the Building and expense, maintain the Premises in good orderorder and repair as contemplated by this paragraph 14 (a) shall be an Operating Cost for purposes of paragraph 11 hereof. There shall be no abatement in rents due and payable hereunder and no liability on the part of Landlord by reason of any inconvenience, condition and repairannoyance or disruption arising from Landlord’s making reasonable repairs, ordinary wear and tear and damage by fire and casualty exceptedadditions or improvements to the Building or Premises in accordance with its obligations hereunder. Notwithstanding the above, including: if, pursuant to this Lease, Landlord performs any work or interrupts any service that Landlord is required to supply, Landlord agrees to cooperate with the interior surfaces reasonable requests of Tenant to perform such work, or to schedule such service interruption, as the case may be, in a manner designed to minimize, to the extent practicable, any interference with Tenant’s business, provided Tenant’s requests do not increase the cost to Landlord of performing such work (unless Tenant agrees in writing prior to the commencement of such work to reimburse Landlord for any such additional costs). Notwithstanding the foregoing, if Landlord’s performance of its work in the demised premises, or interruption of services, as the case may be, during regular business hours results in a material interruption in Tenant’s business operations in a material portion of the ceilingsPremises and requires Tenant to cease its business operations in the affected portion of the Premises for more than five (5) consecutive business days, walls and floors; all doors and interior windows; furnishings installed within then unless Landlord performs such work or interrupts such service at other than regular business hours without charge to Tenant, the Premises; all Rent shall be abated pro rata based on the area so affected for each business day in excess of five (5) consecutive business days that such cessation shall continue. Except to the extent expressly permitted by this Lease, Tenant will not do or permit anything to be done in the Premises or the Building of which they form a part or bring or keep anything therein which shall in any way increase the rate of fire or other insurance for said Building, or on the property kept therein, or obstruct, or interfere with the rights of other tenants, or in any way injure or annoy them, or those having business with them, or conflict with them or conflict with the fire laws or regulations, or with any insurance policy upon said Building or any part thereof, or with any statutes, rules or regulations enacted or established by the appropriate governmental authority. If any increase in the rate of fire insurance or other insurance is stated by any insurance company or by any insurance rate bureau due to any activity or equipment installed by or at the expense of Tenant; , such statement shall be conclusive evidence that the increase in such rate is caused by such activity or equipment, and all plumbingTenant shall be liable for such increase and shall reimburse Landlord therefor upon demand, heatingand any such sum shall be considered additional rent payable hereunder. Landlord shall use commercially reasonable efforts to notify Tenant of any such increase in rates occurring as a result of Tenant’s activities, ventilatingin order that Tenant might consider modifying or discontinuing such activities so as to avoid, electrical and lighting facilities and fixtures; all landscapingreduce, parking lotsor reverse such increase. In the event Landlord elects to make substantial improvements or additions to the Building, fences and signs located within Property or Premises, such improvements or additions shall not adversely affect Tenant’s use of or access to the Premises unless Landlord has obtained the prior written consent of Tenant, which consent shall not be unreasonably withheld, to make such improvements or additions which affect Tenant’s Premises in an adverse manner. Landlord shall be free to make improvements or additions to the Building, Property or Premises which do not have an adverse effect on Tenant’s use of or access to the Premises.
(2b) In After substantial completion of Building or Premises, except as hereinafter expressly set forth Tenant will not make any alterations, installments, changes, replacements, additions or improvements, collectively “Alterations”, in or to the event Premises or any part thereof, without the prior written consent of Landlord, not to be unreasonably withheld or delayed. If Landlord affords its consent to such Alterations, Landlord shall elect, at the time it affords its consent, whether Tenant shall be required to remove such Alterations and restore the Premises to their original condition upon the expiration of the Term, and said written consent shall include Landlord’s election. It is expressly understood that all Alterations shall be performed in a good and workmanlike manner and shall conform to all rules and regulations established from time to time by any applicable underwriter’s association and conform to all requirements of local, state and federal governments. All Alterations shall be made at Tenant’s sole expense, by contractors, or subcontractors reasonably approved by Landlord, and only after (i) Tenant has obtained all necessary permits from governmental authorities and (ii) Tenant has submitted complete plans and specifications to Landlord with respect to the Alterations and Landlord has approved them, which approval shall not be unreasonably withheld, conditioned or delayed. If any mechanic’s lien is filed against the Premises or the Building for work or materials furnished to Tenant, the lien shall be discharged or bonded off by Tenant, solely at Tenant’s expense, within thirty (30) days after Tenant receives notice thereof. Tenant shall indemnify and hold harmless Landlord from any and all expenses (including attorney’s fees), liens and claims or damage to persons, property, or the Building which may arise from the making of any Alterations. Tenant will deliver to Landlord a complete set of “as-built” plans showing the approved Alterations. Notwithstanding anything contained herein, ordinary and typical office decorations, painting and carpeting shall not be included within the definition of “Alterations” which require Landlord’s prior approval. It is also expressly understood that all Alterations upon the Premises (whether with or without Landlord’s consent), shall at the election of Landlord, as provided in the written consent required herein above, remain upon the Premises and be surrendered with the Premises at the expiration of this Lease without disturbance, molestation or injury. Notwithstanding the foregoing, provided (i) this Lease is in full force and effect, and (ii) that Tenant fails shall not then be in default in the performance of any obligation under this Lease, Tenant shall have the right to maintain remove, prior to the expiration or termination of this Lease, all movable furniture, fixtures or equipment installed in the Premises in good ordersolely at Tenant’s expense. Should Landlord elect that alterations, condition and repair as required under installments, changes, replacements, additions to or improvements made by Tenant are not to remain on the Premises, Tenant hereby agrees that within five (5) days following the expiration of the term of this Lease, Landlord shall give have the right to cause same to be removed at Tenant’s sole cost and expense. Tenant hereby agrees to reimburse Landlord for the reasonable cost of such removal together with the cost of restoring the Premises to its original condition.
(c) Tenant shall not install any other equipment of any kind or nature whatsoever which will or may necessitate any changes, replacements or additions to the water supply system, sewer system, the components of the Building Shell as identified in Exhibit B hereto or the electrical system of the Premises without the prior written notice to do such acts as are required to so maintain consent of the PremisesLandlord, which consent shall not be unreasonably withheld or delayed. In the event that Tenant fails wishes to commence install machinery or mechanical equipment which may cause noise or vibration to be transmitted to the structure of the Building or any space therein, such work within 30 days after written demand machinery shall be installed and maintained by LandlordTenant, at Tenant’s expense, on vibration eliminators or other devices sufficient to eliminate such noise and diligently prosecute it to completionvibration. Tenant may, then Landlord at its expense, install and remove additional equipment and machinery used or useful in Tenant’s business, which equipment and machinerv shall have remain the right, but property of Tenant and shall not be obligatedbecome part of the real estate, to do provided that such acts and expend such funds at installation shall not reduce the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use value of the Premises as or its usefulness. Any equipment of Tenant not removed by Tenant within ten (10) days after the expiration or earlier termination of this Lease shall be considered abandoned by Tenant and may be appropriated, sold, destroyed or otherwise disposed of by Landlord without first giving notice thereof and without obligation to account therefor. Notwithstanding any other provision of this Lease, Tenant may not install any equipment which emits electromagnetic, microwave, ultrasonic, laser, or other radiation at levels which Landlord reasonably determines causes a result of performing any such workrisk to persons or property, or interferes with telecommunications transmissions or computer use.
(3d) Landlord Subject to Landlord’s obligations to maintain and repair the Premises in accordance with this Paragraph 14, Tenant agrees that it will maintain, repair and replace all structural components take good care of the Premises and the roof fixtures therein and will, at the expiration or other termination of the term hereof, surrender and deliver up the same in like good order and conditions as the same now is or shall be at the commencement of the Term hereof, ordinary wear and tear excepted. Without limiting the generality of the foregoing, Tenant shall promptly make all repairs to the Premises or to any part of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing such repairs are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of and if such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly necessitated by any act or omission of Tenant Tenant, any subtenant, assignee or concessionaire of Tenant, any of Tenant's servants, its respective agents or employees, agents, contractors, visitors or licensees, (ii) where by the failure of Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish perform any of its obligations under the provisions of this Lease.
Appears in 2 contracts
Samples: Deed of Lease (Maravai Lifesciences Holdings, Inc.), Deed of Lease (Maravai Lifesciences Holdings, Inc.)
Maintenance and Repairs. (1) Except
9.1 Tenant's Obligations Tenant shall be solely liable for matters specified under Paragraph 4 above continued maintenance of the Premises, and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole its own cost and expense, maintain the Premises, and keep the Premises free of all grass, weeds, debris, and flammable materials of every description. Tenant shall ensure that the Premises are at all times in good orderan orderly, condition clean, safe, and repairsanitary condition. Tenant shall not allow any open flames on the Premises. Landlord requires a high standard of cleanliness, ordinary wear and tear and damage by fire and casualty excepted, including: consistent with the interior surfaces location of the ceilings, walls and floors; all doors and interior windows; furnishings installed within Premises as an adjunct of the Premises; all equipment installed by or California State Highway System. Tenant hereby expressly waives the right to make repairs at the expense of Tenant; Landlord and waives the benefit of the provisions in Sections 1941 to 1942.5, inclusive, of the California Civil Code or any successor statute or amendment thereto providing a cause of action for habitability or tenantability. Tenant shall take all plumbingsteps necessary to protect and preserve the fences, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlordguardrails, and diligently prosecute it to completionthe piers and columns, then Landlord shall have the rightif any, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with all structures from damage arising out of Tenant's use of the Premises as a result of performing and any such work.
(3) Landlord will maintainimprovements, all without expense to Landlord. Tenant shall, at its own cost and expense, repair in accordance with Landlord's standards any damage to any property owned by Landlord, including, but not limited to, all fences, guardrails, piers and replace all structural components of columns, utility-related equipment and facilities caused by Tenant, Xxxxxx’s contractors, clients, invitees, trespassers or any other third parties. At Tenant's request, Landlord may elect to repair the Premises and the roof of the Buildingdamage to its property, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement Xxxxxx agrees to reimburse Landlord promptly after demand for the Premises under generally accepted accounting principles, then it amount Landlord has reasonably expended to complete the repair work. Tenant shall be Landlord's responsibility to promptly make responsible for the care, maintenance, and pay for such repairany required pruning of trees, replacementshrubs, alteration or any other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of landscaping on the Premises. Tenant assumes the liability for any damage or injury caused by any falling branches or other such materials from any tree or shrub whether the branches fall due to lack of maintenance or act of god or any other natural or unnatural causes. Tenant’s liability insurance required under Article 10 shall do all acts required cover any damage caused by any falling tree or shrub branches or other materials. Tenant shall designate in writing to comply with all applicable lawsLandlord a representative who shall be responsible for the day-to-day operation and level of maintenance, ordinances, regulations cleanliness and rules of any public authority relating solely to Tenant's use general order of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.
Appears in 2 contracts
Samples: Right of Way Use Agreement, Right of Way Use Agreement
Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligationotherwise set forth in this Lease, Tenant shallshall Maintain in a first class condition and good repair the entire Premises, at Tenant's sole cost including, without limitation, the Building Systems, the horizontal distribution portions of Building Systems, HVAC, fire-life safety systems, the roof membrane (but not the roof structure), parking areas, walkways, landscaping, exterior lighting, irrigation, floor slabs, walls, and expenseutilities outside the exterior of the Building. Tenant shall Maintain the exterior of the Building in a clean, maintain first class appearance, including exterior window washing and exterior building and parking lot cleaning as necessary. If any part of the Premises requiring repair or replacement is covered by warranty, Landlord and Tenant shall exercise such warranties first.
(b) Tenant at its sole expense shall keep the Premises, and the fixtures, improvements, equipment, and finishes, and any Alterations therein in good ordera clean, safe, and sanitary condition and repairwill cause no waste or injury thereto. Alterations, ordinary wear repairs and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within replacements to the Premises; all equipment installed by , made necessary because of Tenant’s Alterations or installations, any use or circumstances special or particular to Tenant, or any act or omission of Tenant or its Agents shall be made at the sole expense of Tenant; and all plumbing. Tenant shall enter into a contract with a qualified, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within licensed pest control company for regular pest control services of the Premises.
(2c) In the event that Tenant fails to Landlord shall at Landlord’s cost, maintain the Premises in good order, first class condition and good repair the structural portions of the Building, including the Building foundation and roof structure. For the sake of clarity, windows, door entrances, plate glass, glazing systems, and floor slabs (so long as required under this Leasea defect in the slab doesn’t affect the integrity of the Building) are not deemed structural portions of the Building and shall be Tenant’s responsibility to Maintain (but if the necessary repair or replacement qualifies as a Capital Improvement, shall be treated as such). If Tenant becomes aware of any condition that is Xxxxxxxx’s responsibility to repair and/or replace, Tenant shall promptly notify Landlord of the condition and Landlord shall not be deemed to have breached any obligation related thereto unless Tenant has given such notice to Landlord and Landlord has not made such repair within a reasonable time following the receipt by Landlord of Tenant’s notice. Notwithstanding any provision hereof to the contrary, Landlord shall give Tenant prior written notice have no responsibility for repairs to do such acts as are or maintenance of the roof membrane for the Building.
(d) Landlord shall not be required to so maintain repair damage or make replacements to the Premisesextent caused by the intentional acts or negligence of Tenant or its agents, employees, or contractors, any such repairs or replacements shall be Tenant’s sole responsibility at Tenant’s cost. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligatedthe obligation, to do such acts and expend such funds at the expense undertake work of repair or Maintenance that Tenant as are reasonably is required to perform such workunder this Lease and that Tenant fails or refuses to perform in a timely and efficient manner after prior written notice from Landlord. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of All costs incurred by Xxxxxxxx in performing any such workrepair for Tenant shall be paid by Tenant to Landlord upon demand.
(3e) Landlord will maintain, repair and replace all structural components Notwithstanding any provision of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in if Capital Improvements are required to the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business daysPremises, then Tenant shall notify Landlord and Landlord shall cause such Capital Improvements, if approved by Landlord in its reasonable discretion, to be entitled constructed or performed at Landlord’s cost but subject to amortized reimbursement pursuant to Section 6(a)(vi), unless such Capital Improvement is to an abatement item that is Landlord’s cost obligation pursuant to this Lease, such as Building structure. Landlord shall have no obligation to pay for Capital Improvements that are the result of rent commencing with Xxxxxx’s acts, omissions, negligence, or failure to Maintain the fourth business day that Premises, but not including normal wear and tear.
(f) All service and utility providers used by Tenant, including, without limitation, for purposes of this Section 9 or Section 7 above, shall be from a list of approved vendors set forth by Landlord. Any property manager selected by Tenant for the same are unusable; providedPremises shall be subject to Landlord’s prior written approval, however, that Tenant which shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of unreasonably withheld. Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or its property manager, shall provide Landlord with updates regarding the services and utilities provided to the Premises, along with descriptions of the maintenance activities, together with services contracts, utility agreements, and invoices to support the same. This documentation shall be provided every six (iii6) where months during the repair in question is one which Tenant is obligated to furnish under the provisions of this LeaseTerm.
Appears in 2 contracts
Samples: Lease (JFrog LTD), Lease Agreement (JFrog LTD)
Maintenance and Repairs. (1) Except Landlord represents and warrants at the Commencement Date and for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, maintain the duration of the lease Term that the Premises will be in good order, condition working order and repair, ordinary wear repair and tear and damage by fire and casualty excepted, including: maintain all equipment in good operating condition. Tenant accepts the interior surfaces property as of the ceilings, walls and floors; all doors and interior windows; furnishings installed within Commencement Date in an “AS IS” condition upon assuming possession of the Premises; . Landlord will correct all equipment installed by construction defects, whether structural or at not, discovered within one year of the expense of Tenant; and Commencement Date, or such longer period as may be specified in an applicable contractor’s, subcontractor’s, or materialmen’s warranty. In addition, Landlord will make all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails necessary structural repairs to maintain the Premises throughout the Term of this Lease. The structural items for which Landlord shall be responsible are the roof, exterior walls, the bearing walls (if such walls have not been changed by Tenant), the support beams, the columns, the concrete floor slabs, the plumbing system below the floor level of the facility (obstruction caused by Tenant shall be Tenant’s responsibility to correct), except those damages that are caused by the Tenant’s negligence. Tenant agrees to give prompt notice to Landlord of any defects or other hazardous conditions required to be repaired or remedied by Landlord. If the repairs required to be made by Landlord or Tenant are not completed within a reasonable time after request for such repair by the other party, Landlord or Tenant, as the case may be, shall have the option to make such repairs after first giving the other party fifteen (15) calendar days’ notice of its intention to do so, and any amounts expended by virtue thereof shall be added to or subtracted from the next month’s rent in good orderthe full amount of the expenditures. Landlord, condition and repair as required under during the Term of this Lease, shall maintain and repair when needed all of the mechanical equipment (“HVAC system”), including but not limited to heating and air conditioning units, plumbing, and electrical units, in a good condition and good state of repair. Further, Landlord shall give maintain a service contract on the HVAC system with a reputable heating and air conditioning contractor, providing for regular routine maintenance, changing of filters and lubricating the HVAC system. Such maintenance and repair and service contract shall be included in Operating Expenses as described in Article 4C hereof. Tenant prior written notice shall keep the Premises free and clear of rodents, bugs and vermin, and Tenant shall use, at its cost and at such intervals as Landlord shall reasonably require, a reputable pest extermination contractor to do such acts as are required to so maintain provide extermination services in the Premises. In Notwithstanding the event above, if Landlord reasonably determines that an extermination service needs to be provided to the entire Building in order to eliminate pests from the entire Building, Landlord shall contract for such extermination services and include the cost of such services in Operating Expenses. Landlord shall provide Tenant fails with advance notice of any such extermination services to commence such work be made to the Premises by Landlord within 30 days after written demand a reasonable period of time. Tenant shall keep the Premises clean and orderly and shall not cause the common areas to become disorderly, cluttered, dirty or trashed at any times and shall not cause refuse to accumulate around any portion of the Property. Trash shall be stored in a sanitary and inoffensive manner inside the Premises or in screened areas approved by Landlord, and diligently prosecute it Tenant shall cause the same to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds removed at the expense of Tenant as are reasonably required to perform such workreasonable intervals. Landlord shall have provide Tenant with five suite keys at no liability cost to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building. All keys are on “Do Not Duplicate” blanks, and if a repairnumbered for Tenant’s security. These keys cannot be reproduced unless they are done by Landlord’s locksmith. If additional keys are required by Tenant, replacement or alteration or other change would be considered a capital improvement or replacement to Tenant shall contact Landlord in order that Landlord may authorize the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for issuance of such repair, replacement, alteration or other changekeys. The cost of any such capital improvement additional keys shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission responsibility of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leasepay.
Appears in 2 contracts
Samples: Ease Agreement (Chelsea Worldwide Inc.), Lease Agreement (Clene Inc.)
Maintenance and Repairs. (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
Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above Landlord shall Maintain the: (i) Building footings, foundations, structural steel columns and Paragraph 8A(3girders at Landlord’s sole expense; (ii) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost Building roof and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floorsexterior walls; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant(iii) Building Systems; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs (iv) Common Areas in accordance with comparable flex space buildings located within the Malvern, PA market. Costs incurred by Landlord under the foregoing subsections (ii), (iii) and (iv) will be included in Operating Expenses, provided that to the extent any heating, ventilation and air conditioning system, or other Building System, equipment or fixture exclusively serves the Premises, Landlord may elect either to Maintain the same at Tenant’s sole expense and xxxx Tenant directly or by notice to Tenant require Tenant to Maintain the same at Tenant’s expense. If Tenant becomes aware of any condition that is Landlord’s responsibility to repair, Tenant shall promptly notify Landlord of the condition.
(2b) In the event that Except as provided in subsection (a) above, Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord at its sole expense shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of Maintain the Premises and the roof of the Building, all fixtures and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth equipment in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant Tenant’s obligation to Maintain shall not be entitled extend to a pro rata abatement of rent under the foregoing due to unusability (i) damage caused directly by Landlord or indirectly defects in the design and construction of the Building, (ii) repairs whose costs are included in Operating Costs, and (iii) damage to the interior resulting from causes outside the Premises not required to be insured by Tenant. All repairs and replacements by Tenant shall utilize materials and equipment which are comparable to those originally used in constructing the Building and Premises. Alterations, repairs and replacements to the Property, including the Premises, made necessary because of Tenant’s Alterations or installations, any use or circumstances special or particular to Tenant, or any act or omission of Tenant or its Agents shall be made by Landlord or Tenant as set forth above, but at the sole expense of Tenant to the extent not covered by any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated applicable insurance proceeds paid to furnish under the provisions of this LeaseLandlord.
Appears in 2 contracts
Samples: Lease Agreement (PhaseBio Pharmaceuticals Inc), Lease Agreement (PhaseBio Pharmaceuticals Inc)
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above Tenant shall commit no act of waste and Paragraph 8A(3) below as being shall take good care of the Leased Premises and fixtures and appurtenances therein and shall, in the use and occupancy of the Leased Premises, conform to all laws, orders and regulation of the federal, state and municipal governments or an of their departments. Landlord shall make all repairs and maintenance necessary to maintain the Leased Premises. Tenant shall not make any improvements to the Leased Premises without Landlord's obligation’s prior written consent. All improvements made by Tenant to the Leased Premises which are so attached to the Leased Premises, shall become the property of the Landlord upon installation. Not later through the last day of the term of the Lease, Tenant shall, at Tenant's sole cost and ’s expense, maintain remove all of the Tenant’s personal property and those improvements made by Tenant which have not become the property of the Landlord, including fixtures, cabinet work, movable paneling, partitions and the like, repair all injury done by or in connection with installation or removal of said property and improvements and surrender the Leased Premises in as good ordercondition as they were in the beginning of the term, condition and repair, ordinary reasonable wear and tear and damage by fire and fire, the elements, casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement cause not due to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration misuse or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made neglect by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of or Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, ’s agents, contractorsservants, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusabilityexcepted. Landlord shall have the right to enter upon the Leased Premises at any agreed time for the purpose of inspecting the same, or (iii) where making repairs to the repair Leased Premises, or of making repairs, alteration or additions to adjacent premises or of showing the Leased Premises to lenders, prospective lenders or insures or prospective tenants or buyers, provided that Landlord gives reasonable notice to Tenant and that such entry shall not cause any damage to Tenant or unreasonably disrupt or interfere with Xxxxxx’s business, and further provided that such notice shall not be necessary in question is one which Tenant is obligated to furnish under the provisions cases of this Leaseemergency.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above It is understood and Paragraph 8A(3) below as being Landlord's obligation, Tenant agreed that the Landlord shall, at Tenant's its sole cost and expense, maintain keep and maintain, during the Premises term of the Lease Agreement or any extension or renewal thereof, the foundations, and structural support portion of the improvements in good order, proper condition and in a good state of repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, . Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligatedresponsible for any maintenance or repair caused by the fault or neglect of the Tenant, or due to do such acts hazards and expend such funds at the expense of Tenant as are reasonably risks covered or required to perform such workb e covered by insurance hereunder except as insurance proceeds are available therefor. All other maintenance and repair of said structure, including but not limited to, painting of walls, and maintenance, repair and replacement of equipment, shall be the responsibility of the Tenant. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenantassign warranties and extended warranties obtained from Landlord's use contractors of those portions of the Demised Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under maintain. It is understood and agreed that should either party to this Agreement fail or refuse to start and to proceed thereafter with due diligence to make any repairs or maintenance as may be reasonably necessary for the provisions purpose of this Leasefulfilling the terms and conditions of the agreements herein set forth within a reasonable length of time (not to exceed seven (7) days) after being notified in writing of the need thereof, that the other party hereto may make such repairs at the cost and expense of the party so failing or refusing. In the event of any emergency situation, Tenant may, in its discretion, make emergency repairs without giving written notification to Landlord, and Landlord shall reimburse Tenant in the event that such repairs were the responsibility of the Landlord hereunder and were not due to the fault of Tenant or Tenant's agents. The rights of Tenant hereunder specifically do not ixxxxxx the right to offset or deduct any amounts claimed hereunder from rentals due. Landlord reserves the right to enter upon the Demised Premises (in a manner that will not unnecessarily interfere with the business of Tenant) during business hours at any time to inspect the same and to make necessary repairs to fulfill Landlord's obligation hereunder.
Appears in 2 contracts
Samples: Lease Assignment (Broadview Media Inc), Lease Assignment (Broadview Media Inc)
Maintenance and Repairs. (1) Landlord shall maintain the Building, and all other portions of the Building Complex not the obligation of Tenant or any other tenant in the Building, in good order, condition and repair.
(2) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligationservices furnished by Landlord pursuant to Section 6 hereof, Tenant shall, at Tenant's ’s sole cost and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, includingincluding without limitation: 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, ventilatingplumbing pipes, electrical fixtures, furnishings and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premisesequipment.
(23) 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 required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written promptly upon demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligatedrequired, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's ’s use of the Premises as a result of performing any such work.
(34) Tenant, at Tenant’s expense shall comply with all laws, rules, orders, ordinances, directions, regulations, and requirements of federal, state, county and municipal authorities, now in force or which may hereafter be in force, which shall impose any duty upon Landlord will maintainor Tenant with respect to the use, repair occupancy or alteration of the Premises.
(5) Tenant shall leave the Premises at the end of each Business Day in a reasonably tidy condition for the purpose of allowing the performance of the Landlord’s cleaning services hereinafter described.
(6) Tenant shall pay on demand the cost of replacement with identical quality, size and replace all structural components characteristics of glass broken on the Premises, including outside windows and doors of the perimeter of the Premises and (including perimeter windows in the roof exterior walls) during the continuance of this Lease, unless the glass shall be broken by Landlord, its servants, employees or agents acting on its behalf.
(7) If the Building, and if a repair, replacement the Premises or alteration or other change would be considered a capital improvement or replacement any portion thereof including but not limited to the Premises under generally accepted accounting principleselevators, then it shall be Landlord's responsibility to promptly make boilers, engines, pipes and pay for such repairother apparatus, replacement, alteration or other change. The cost members 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 elements of the Building (or any of them) used for the purpose of climate control of the Building or operating the elevators, or if the water pipes, drainage pipes, electric lighting or other equipment of the Building or the roof or outside walls of the Building or parking facilities of Landlord and also the Premises improvements including but not limited to the carpet, wall covering, doors and woodwork, become damaged or are destroyed through the negligence, carelessness or misuse of the Tenant, its servants, agents, employees or anyone permitted by Tenant to be in the Building Complex, or through it or them, then the cost of the necessary repairs, replacements or alterations shall be borne by the square footage of all buildings benefitted by such improvement, including Tenant who shall forthwith pay the Building) of same on demand to the annual amortized amount. Such payment will be made by Tenant Landlord as set forth in Paragraph 4 aboveAdditional Rent. Landlord shall do all acts required have the exclusive right, but not the obligation, 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 repairs necessitated by 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 Leasedamage.
Appears in 1 contract
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, Landlord shall have no obligation to make any repairs or maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces any portion of the ceilingsLeased Premises except for the roof and exterior walls which is the obligation of the condominium association, 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 plumbingprovided, heatinghowever, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In that in the event that Tenant fails of any damage to maintain any portion of the Leased 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 be maintained by Landlord or association is a result of the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlordneglect, and diligently prosecute it to completionnegligence or fault of Lessee, its agents, servants, employees or invitees, then Landlord shall have the rightright to charge Lessee for all necessary repairs or replacements to be made by reason of such damage and to collect the costs thereof in the same manner as rent. Lessee shall give Landlord notice in writing of any repairs required to be made by Landlord. Lessee accepts the Leased Premises in the condition "as is" on the commencement date of this Lease. Lessee agrees to keep the interior of the premises, but all windows, screens, awnings, doors, interior walls, pipes, machinery, plumbing, electric wiring, and other fixtures and interior appurtenances, in good and substantial repair and clean condition at Lessee's own expense, fire, windstorm or other Act of God alone excepted; if replacement shall not be obligatedrequired, to do such acts then Lessee, at Lessee's expense, shall replace the same with material and/or equipment of equal quality of that being replaced. All glass, both interior and expend such funds exterior, is at the sole risk of Lessee and Lessee agrees to replace at Lessee's own expense any glass broken during the term of Tenant as this Lease, and the Lessee agrees to insure and to keep insured all plate glass in the Leased Premises and to furnish the Landlord with certification of said insurance. It is hereby understood and agreed that all air-conditioning units and systems, including all duct work, are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use the property of the Landlord and shall remain on the Leased Premises as a result upon termination of performing any such work.
(3) Landlord will maintain, repair this Lease; and that the Lessee shall maintain and replace the same when needed during the term of this Lease; and that Lessee shall return said air conditioning units and systems to the Landlord at the termination of this Lease in good working order, reasonable wear and tear excepted. Lessee, at Lessee's own cost and expense, shall maintain all structural components portions of the Leased 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 improvementadjoining areas, 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 contraryparking areas, in the event that the need for repairs or the making a clean and orderly fashion, free 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 daysvermin, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provideddirt, 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 Leaserubbish and unlawful obstructions.
Appears in 1 contract
Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole its own cost and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair and replace as required under this Leasenecessary the interior of the Demised Premises, Landlord shall give Tenant prior written notice including but not limited to do such acts as the heating, air conditioning and ventilation systems, glass, windows and doors, sprinkler, all plumbing and sewage systems (excluding any pipes or lines located beneath the floor slab which are required to so maintain used in common with other tenants of the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by LandlordBuilding), fixtures, interior walls, floors (including floor slabs), dock areas, dock ramps, ceilings, storefronts, plate glass, skylights, all electrical facilities and equipment including, without limitation, lighting fixtures, lamps, fans and any exhaust equipment and systems, electrical motors, and diligently prosecute it all other appliances and equipment (including, without limitation, dock levelers, dock shelters, dock seals and dock lighting) of every kind and nature located in, upon or about the Demised Premises, except as to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintainmaintenance, repair and replace all structural components replacement as is the obligation of Landlord pursuant to Section 10(b). During the Term, Tenant shall either (i) maintain qualified staff reasonably acceptable to Landlord to perform maintenance of the Premises heating, ventilation and air conditioning systems, as reasonably evidenced to Landlord from time to time upon Landlord’s request, or (ii) maintain in full force and effect a service contract for the roof maintenance of the Buildingheating, ventilation and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement air conditioning systems with an entity reasonably acceptable to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that during the one year period following the Lease Commencement Date, such service contract shall be maintained with the contractor that installed the heating, ventilation and air conditioning systems and shall provide for at least two preventive maintenance service calls during such one year period. If Tenant is required to or elects to maintain the service contracts in accordance with part (ii) of the foregoing sentence, Tenant shall deliver to Landlord (x) a copy of said service contract prior to the Lease Commencement Date, and (y) thereafter, a copy of a renewal or substitute service contract within thirty (30) days prior to the expiration of the existing service contract. Tenant’s obligation shall exclude any maintenance, repair and replacement required because of the act, gross negligence or willful misconduct of Landlord, its employees, contractors or agents, which shall be the responsibility of Landlord.
(b) Landlord shall, at its own cost and expense, maintain in good condition and repair the foundation (beneath the floor slab), structural frame, external walls (exclusive of painting and caulking of the Building, the cost of which will be included in Operating Expenses) and roof of the Building (but any patches to the roof membrane not covered by warranty will be entitled included in Operating Expenses). Landlord shall also be responsible for any repairs to the floor slab (but not the maintenance thereof) required because of latent defects in the floor slab, defects resulting from inferior workmanship in the construction of the floor slab, or defects resulting from a pro rata abatement failure to construct the floor slab in accordance with the applicable plans and specifications therefor or the laws and regulations applicable thereto. Landlord’s obligation shall exclude the cost of rent under any maintenance or repair required because of the foregoing due to unusability (i) caused directly gross negligence, improper use or indirectly by any act or omission willful misconduct of Tenant or any of Tenant's servants’s subsidiaries or affiliates, employees, or any of Tenant’s or such subsidiaries’ or affiliates’ agents, contractors, visitors employees, licensees or licenseesinvitees (collectively, (ii“Tenant’s Affiliates”), the cost of which shall be the responsibility of Tenant. Landlord shall never have any obligation to repair, maintain or replace, pursuant to this subsection 10(b) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions any other provision of this Lease, any Tenant’s Change (as defined in Section 18 hereof). In addition to the foregoing, Landlord will maintain the fire pump and sprinklers and perform inspections and testing in accordance with the guidelines outlined in NFPA No. 25 “Inspection of Water Based Fire Suppression Systems.”
(c) Unless the same is caused solely by the negligent action or inaction of Landlord, its employees or agents, and is not covered by the insurance required to be carried by Tenant pursuant to the terms of this Lease, Landlord shall not be liable to Tenant or to any other person for any damage occasioned by failure in any utility system or by the bursting or leaking of any vessel or pipe in or about the Demised Premises, or for any damage occasioned by water coming into the Demised Premises or arising from the acts or neglects of occupants of adjacent property or the public.
Appears in 1 contract
Maintenance and Repairs. (1a) Landlord shall be responsible for keeping the foundation, subfloor, exterior walls (excluding plate glass or other breakable materials used in structural portions) and the roof of the building not the rear storage building which the Demised Premises are located in good repair, provided, however, that Landlord shall not be required to make any such repairs which become necessary or desirable by reason of any willful or negligent act of the Tenant, its agents, employees, guests, licensees or invitees. Provided, further, however, that the costs of all such repairs shall be deemed part of the Building Area Maintenance and Tenant shall pay the Tenant's Share thereof in accordance with Section 8 hereof. In the event that the Demised Premises should be in need of repairs required to be made by the Landlord hereunder, Tenant shall give immediate written notice thereof to Landlord and Landlord shall not be responsible in any way for the failure to make any such repairs until a reasonable time shall have elapsed after delivery of such written notice.
(b) Except for matters specified under Paragraph 4 above as provided above, Landlord shall not be obligated to make any repairs of any kind upon the Demised Premises or with respect to any equipment, facilities or fixtures contained therein, and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, shall at Tenant's sole cost and expense, maintain all times keep the Demised Premises in good order, condition and repaircondition, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Leaseand in a clean, Landlord sanitary and safe condition. Tenant shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, ordinances and regulations and rules of any public governmental authority relating having jurisdiction. Tenant shall permit no waste, damage or injury to the Demised Premises.
(c) If any repairs are required to be made by the Tenant hereunder and Tenant refuses or neglects to commence repairs within ten (10) days after written demand, or fails adequately to complete such repairs within a reasonable time thereafter, Landlord may make such repairs without liability to the Tenant for any loss or damage that may occur to Tenant's goods or business by reason thereof and if Landlord makes such repairs, Tenant shall pay Landlord on demand, as additional rent hereunder, the cost thereof with interest thereon at the rate of 15% per annum from the date of payment by Landlord until paid by Tenant.
(d) Tenant shall, prior to taking occupancy hereunder, deliver to Landlord a true copy of a contract obtained by the Tenant for the maintenance of the heating, ventilating and air conditioning equipment in the Demised Premises, except pursuant to which contract a party satisfactory to Landlord shall be obligated to perform preventive maintenance on said equipment not less frequently than quarterly through the extent entire time of this Lease. It is expressly understood and agreed by Tenant that Tenant shall at all times during the foregoing are solely a result Lease Term be responsible for and bear the entire cost of Tenant's use maintenance, replacement and repair of the heating, ventilating and air conditioning equipment serving the Demised Premises. Tenant shall do shall, upon demand of Landlord, deliver to Landlord evidence that such contract remains in full force and effect and all acts amounts required to comply with be paid thereunder by Tenant have been so paid. Landlord shall, and does hereby, assign to Tenant all applicable lawsright, ordinances, regulations title and rules interest of Landlord in and to any warranty provided by the manufacturer or seller of any public authority relating solely of said equipment. If Tenant shall fail to Tenant's use so maintain and repair said heating, ventilating and air conditioning equipment, then Landlord, at its option, may cause this to be done for Tenant and Tenant hereby agrees to pay the expense thereof on demand as additional rent hereunder.
(e) Tenant shall promptly at its own cost and expense replace with glass of the same quality any cracked or broken glass, including plate glass, or other glass or breakable material used in structural portions of the Demised Premises and any interior and exterior windows and doors in the Demised Premises. If .
(f) Tenant shall procure and maintain during the Lease Term a repair is required policy or policies of insurance in companies acceptable to Landlord insuring Landlord and Tenant, as a result their interests may appear, against breakage of Tenant's negligence all such glass and breakable materials in the Demised Premises and shall deposit such repair cost is not covered by insurance proceedspolicies or certificates evidencing their existence, Tenant will pay for together with evidence of the cost payment of such repair. Notwithstanding anything in this Lease the premiums thereon, with Landlord on the Commencement Date and renewals thereof at least thirty (30) days prior to the contraryexpiration of each such policy. Should Tenant fail to provide and maintain any such insurance, Landlord may, at its option, obtain such insurance and keep the same in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then force and Tenant shall be entitled pay Landlord on demand from time to an abatement of time the premium cost thereof as additional rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leasehereunder.
Appears in 1 contract
Samples: Lease Agreement
Maintenance and Repairs. (1a) Except for matters specified Landlord shall Maintain, in a manner consistent with other similar properties owned and managed by Landlord, including replacements where required in like kind: (i) Building footings, foundations, structural steel columns and girders at Landlord’s sole expense; (ii) Building roof and exterior walls; (iii) Building Systems; and (iv) Common Areas. Costs incurred by Landlord under Paragraph 4 above the foregoing subsections (ii), (iii) and Paragraph 8A(3(iv) below as being will be included in Operating Expenses. Tenant, not Landlord's obligation, Tenant shall, at Tenant's sole cost shall maintain HVAC and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all other equipment installed by or at Tenant. If Tenant becomes aware of any condition that is Landlord’s responsibility to repair, Tenant shall promptly notify Landlord of the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premisescondition.
(2b) In the event that Except as provided in subsection (a) above, Tenant fails to maintain at its sole expense shall Maintain the Premises and all fixtures and equipment in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In All repairs and replacements by Tenant shall utilize materials and equipment which are comparable to those originally used in constructing the event that Tenant fails to commence such work within 30 days after written demand by LandlordBuilding and Premises. Alterations, repairs and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement replacements to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvementProperty, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result made necessary because of Tenant's ’s Alterations or installations, any use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely or circumstances special or particular to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or its Agents shall be made by Landlord or Tenant as set forth above, but at the sole expense of Tenant. Notwithstanding anything to the contrary contained in this Lease, Tenant shall in no event be obligated to make or otherwise to pay the cost of any repairs or replacements which are required as the result of the negligence or willful misconduct of Landlord or its Agents, or the failure of Landlord to perform any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish its obligations under the provisions of this Lease, all of which repairs and replacements shall be made by Landlord at Landlord’s sole cost and expense.
Appears in 1 contract
Samples: Lease Agreement (Novavax Inc)
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's shall have the sole cost and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces responsibility of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within maintaining the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, 9.1 Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such workmake any repairs, alterations, additions or improvements to or upon said Premises, except as set forth in Section 9.4. Landlord Tenant shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of maintain in good working order the Premises and the roof exterior walls of the Building, landscaping on the Premises, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage interior areas of the Building by the square footage of including lobbies, stairs, windows, halls, corridors, restrooms, and provide exterior window washing at reasonable intervals, weather permitting.
9.2 Tenant shall repair and maintain in good working order all buildings benefitted by such improvementinterior walls, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do floor coverings, window moldings, base moldings, door moldings, doors and entrances, window fittings, window glass, interior paint and trim, signs, heating, ventilation and cooling systems, fixtures, lighting fixtures and bulbs and all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use other components of the Premises. Tenant shall provide janitorial services and restroom supplies for the Premises, telephone service, and any other service required by Tenant specifically for the Premises, at all Tenant's expense.
9.3 If tenant refuses or neglects to maintain and repair as required by this Lease and to the reasonable satisfaction of Landlord, then Landlord may, after written demand (but without obligation to do all acts required to comply with all applicable lawsso), ordinances, regulations accomplish the maintenance and rules of any public authority relating solely repair without liability for loss or damage which may accrue to Tenant's use property, and Tenant shall promptly pay Landlord's costs for the maintenance and repair, plus 10% of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceedscosts for overhead, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion plus interest on 110% of the Premises unusable for more than three consecutive business dayscosts at the rate of 12% per annum from the date of completion until paid, then Tenant all of which shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of constitute additional rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.
Appears in 1 contract
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, 3.1 The Tenant shall, at Tenant's sole cost and expense, maintain must keep the Premises in good orderthe same condition as at the Commencement Date, condition and repair, ordinary fair wear and tear and damage by fire and casualty excepted, including: and properly maintained and will comply with the interior surfaces requirements of any act or notice affecting the Premises including but not limited to the Public Health and Xxxxxxxxx Xxx 0000, where the requirements of such act or the issuing of such notice relates to the Permitted Use, save that the Tenant will not be obliged to repair damage caused by risks against which Council has insured unless the insurance has been invalidated by the acts or omissions of the ceilingsTenant or the Tenant's employees, walls and floors; all doors and interior windows; furnishings installed within agents or contractors. For the Premises; all equipment installed by avoidance of doubt, Council will have no obligation whatsoever in relation to the repair maintenance or at the expense replacement of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In 3.2 Without limiting the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use obligations under Clause 3.1 and item 21 of Schedule 1 the Premises as a result of performing any such work.Tenant will:
(3) Landlord will maintain, repair and replace all structural components of 3.2.1 keep the Premises and the roof Common Property free of rubbish and keep all waste in proper receptacles and arrange for its regular removal;
3.2.2 promptly give notice in writing to Council of any damage to or defect in the Premises or any of its services and of the Buildingservice by any authority of any notice or order affecting the Premises;
3.2.3 promptly give written notice to Council of any hazards affecting the Premises or giving rise to any potential liability under the Wrongs Xxx 0000 after the Tenant becomes aware of them;
3.2.4 immediately make good any damage caused to adjoining premises or land by acts or omissions of the Tenants or the Tenant's employee’s agents, and if a repairlicensees, replacement contractors or alteration invitees or other change would be considered a capital improvement claiming through or replacement under the Tenant;
3.2.5 permit Council and its workmen if necessary to enter the Premises during normal business hours upon reasonable notice and in cases of emergency at any time to:
(a) inspect the Premises;
(b) carry out any repair or alteration; or
(c) comply with any notice or order of any competent authority.
3.2.6 carry out repairs to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost within fourteen (14) days after being served with a written notice of any such capital improvement shall be amortized over defect or lack of repair for which the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing is responsible. If the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required fails to comply with the notice Council may carry out the repairs at the Tenant's cost;
3.2.7 take all applicable laws, ordinances, regulations precautions required by law against fire;
3.2.8 comply with the reasonable requirements of Council or its insurer and rules with the recommendations of the Insurance Council of Australia concerning prevention of fire;
3.2.9 upon vacating the Premises remove the Tenant's signs or advertisements and make good any damage caused by removal;
3.2.10 take reasonable precautions to secure the Premises and any contents from theft keep all openings fastened when the Premises are not in use and comply with Council's directions for the use and return of keys;
3.2.11 maintain with a reputable insurer in the joint names of the parties the following insurances:
(a) a public authority relating to risk policy for the Premises, except to Premises for any single accident or event for the extent that amount specified in item 16 of Schedule 1 and the foregoing are solely a result policy must note Council’s interest and indemnify Council and the Tenant against claims arising from the use by the Tenant its invitee’s agents contractors or licensees of the Premises or the building;
3.2.12 reimburse Council for any extra insurance premiums resulting from the Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations ; and
3.2.13 keep and rules of any public authority relating solely to Tenant's use of maintain the Premises. If a repair is required as a result of Tenant's negligence gardens and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion grounds of the Premises unusable for more than three consecutive business daysand the Common Property in good order and condition.
3.3 The parties, then Tenant shall be entitled in addition to an abatement of rent commencing their respective obligations to maintain and repair as set out in this lease, will comply with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair further obligations contained in question is one which Tenant is obligated to furnish under the provisions of this LeaseSchedule 4.
Appears in 1 contract
Samples: Deed of Lease
Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above Landlord agrees to maintain the Building and Paragraph 8A(3Building Complex in a first class condition consistent with the standards therefor set by similar type buildings located in the same general area as the Building. Landlord shall make all necessary repairs and replacements to the non-leasable areas of the Building, to the heating, air conditioning and electrical systems located in the Building, and to the common areas, including parking areas, and Landlord shall also make all repairs to the Premises which are structural in nature; provided, however, that Tenant shall make all repairs and replacements arising from its act, neglect or default and that of its agents, servants and employees. In the event that the Landlord shall deem it necessary, or be required by any governmental authority to repair, alter, remove, reconstruct or improve any part of the Premises or of the Building (unless the same result from Tenant's act, neglect, default or mode of operation in which event Tenant shall make all such repairs, alterations and improvements), then the same shall be made by Landlord with reasonable dispatch, and should the making of such repairs, alterations or improvements cause any interference with Tenant's use Tenant: ______ of the Premises, such interference shall not relieve Tenant from the performance of its obligations hereunder.
(b) below as being Landlord's obligation, Tenant shallTenant, at Tenant's sole cost and expense, except for services furnished by Landlord pursuant to Paragraph 7 hereof, shall maintain the Premises in good order, condition and repair, ordinary reasonable wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbingto the extent such items exceed Building standards, heating, ventilatingplumbing pipes, electrical wiring, switches, fixtures and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within other special items subject to the Premises.
(2) provisions of Paragraph 15. In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Leaserepair, Landlord shall give Tenant prior detailed written notice to do such acts as are reasonably required to so maintain the Premises. In the event that Tenant fails to promptly commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligatedrequired, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's the use of the Premises by Tenant as a result of performing any such work, other than liability for the gross negligence and wilful misconduct of Landlord, its agents or employees.
(3c) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall each do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required their respective maintenance obligations as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leaseset forth herein.
Appears in 1 contract
Samples: Office Building Lease (Michigan Heritage Bancorp Inc)
Maintenance and Repairs. 9.1 Notwithstanding any other provision to the contrary in this Lease, Landlord shall maintain and repair only the foundations, the structural elements, the exterior walls and windows (1) which shall not include washing of windows or repairing broken windows, glass or plate glass, doors, special fronts, entries, or the exterior or interior surfaces of exterior walls, all of which shall be the responsibility of Tenant), the columns, the elevator shaft and the roof of the Premises, and keep them in good condition, reasonable wear and tear excepted. Tenant shall give Landlord written notice of the need for any maintenance or repair for which Landlord is responsible, after which Landlord shall have a reasonable opportunity to perform the maintenance or make the repair. Any damage to any part of the Premises for which Landlord is responsible that is caused by Tenant or any agent, officer, employee, contractor, licensee or invitee of Tenant shall be repaired by Landlord at Tenant's expense and Tenant shall pay to Landlord, upon billing by Landlord, as additional rent, the reasonable cost of such repairs incurred by Landlord.
9.2 Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligationexpress maintenance obligations under Section 9.1, Tenant shall, at all times during the term of this Lease and at Tenant's sole cost and expense, maintain and repair the Premises in good orderand every part thereof, condition and repairall equipment, ordinary wear fixtures and tear and damage by fire and casualty exceptedimprovements thereon, (including: , without limitation, non-defective windows, glass, plate glass, doors, special fronts, entries, the interior surfaces of exterior walls, interior walls, floors, heating and air conditioning systems, smoke detectors, sewers, pipes, plumbing system, plumbing fixtures and equipment, interior and exterior electrical components and mechanical systems, 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.elevator cab
Appears in 1 contract
Maintenance and Repairs. (1) Except 9.1 VuCo GmbH & Co. is responsible for matters specified under Paragraph 4 above proper servicing, maintenance and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost repair of the Premises and expense, shall maintain the Premises in good order, condition order and repair, ordinary wear as required by law, necessary to ensure the safety and tear and damage by fire and casualty excepted, including: the interior surfaces health 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 persons on the Premises.
(2) In 9.2 Behringwerke is responsible for repairs of all common areas and of such parts of buildings which, while not being part of the event that Tenant fails to maintain Premises, are necessary for the Premises being used in good orderaccordance with the terms of this Agreement. Further all necessary works and repairs which have to be capitalized shall be performed by Behringwerke.
9.3 VuCo GmbH & Co. shall only be excused of its obligation to pay rent if Behringwerke, condition and repair as required under this Lease, Landlord shall give Tenant prior written having been requested by VuCo GmbH & Co. in writing with reasonable notice to do such acts as are required to so maintain the Premisesso, has not met its obligation under Art. 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 9.2 and such repair cost is not covered by insurance proceeds, Tenant will pay for failure renders 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 affected portion of the Premises unusable for more than three 5 (five) consecutive business days. After such 5 (five) day period VuCo GmbH & Co. will not be obligated to pay rent for such portion until such time as such portion is repaired and returned to usable condition in compliance with all relevant laws, then Tenant regulations and administrative orders. ARTCLE 10 - DESTRUCTION OF PREMISES
10.1 If the Premises or any part thereof are severely damaged or destroyed to an extent that repair is likely to create costs in excess of 40 % of its current partial value (TEILWERT) ("Damaged Property"), VuCo GmbH & Co. shall give immediate notice thereof to Behringwerke and shall enable Behringwerke to immediately assess the damages.
10.2 If Behringwerke determines, following its assessment of the damage which has occurred, that the Damaged Property cannot be repaired or reconstructed, as the case may be, within a reasonable period or with reasonable efforts and expenses (in either circumstance, the "Loss Event") the parties shall use their best efforts to agree on an adequate solution acceptable to both parties. If the parties fail to agree within two months of the Loss Event Behringwerke may elect not to repair or reconstruct the Damaged Property and may thereupon terminate this Agreement with regard to the respective part of the Premises delivering to VuCo GmbH & Co. notice of such election. In such event, the rent shall be reduced proportionately. VuCo GmbH & Co. can terminate the lease if the remaining Premises are insufficient for the Business and Behringwerke cannot provide for a reasonable alternative. In case the Damaged Property is not repaired or reconstructed, Behringwerke shall be entitled to an abatement of rent commencing all payments made by insurers with respect to 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 LeaseDamaged Property.
Appears in 1 contract
Maintenance and Repairs. (Section 1) Except for matters specified under Paragraph 4 above . Landlord shall, at its own expense, make all necessary repairs to the roof, outer walls, footing and Paragraph 8A(3) below as being Landlord's obligation, foundation of the premises which repairs are occasioned by structural defects. Tenant shall, at Tenant's sole cost and its expense, maintain take care of the Premises demised premises both inside and out and keep the same and all parts thereof, by way of illustration, but not limitation, landscaping and parking areas, together with any and all alterations, additions and improvements therein or thereto, in good orderorder and condition, condition suffering no waste or injury, and repairshall promptly make all needed repairs and replacements, ordinary wear in and tear to any building or structure or equipment now or hereafter erected upon the demised premises, including vaults, sidewalks, water, sewer and damage by fire gas connections, pipes and casualty exceptedmains, including: and all other fixtures, machinery and equipment now or hereafter belonging to or connected with said premises or used in their operation. All such repairs and replacements shall be of first class quality sufficient for the interior surfaces proper maintenance and operation of the ceilingsdemised premises. The Tenant shall not allow the accumulation of waste or refuse matter, walls not permit anything to be done upon the demised premises which would invalidate or prevent the procurement of any insurance policies which may at any time be required pursuant to the provisions of Article V hereof. The Tenant shall not obstruct or permit the obstruction of the street or sidewalk and floors; all doors shall keep the sidewalk and interior windows; furnishings installed within curb adjoining the Premises; all equipment installed by or at the expense demised premises clean and free of Tenant; snow and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premisesice.
(Section 2) In . The Tenant shall at its own expense under penalty of forfeiture and damages promptly comply with all lawful laws, orders, regulations or ordinances of all municipal, County and State authorities affecting the event that Tenant fails to maintain premises hereby leased and the Premises in good ordercleanliness, condition safety, occupation 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 Premisesuse of same.
Section 3. 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 The Landlord shall have the rightright to enter upon the leased premises at all reasonable hours for the purpose of inspecting the same. If the Landlord deems any repairs necessary, but he may demand that the Tenant make the same and if the Tenant refuses or neglects forthwith to commence such repairs and complete the same with reasonable dispatch, the Landlord may make or cause to be made such repairs and shall not be obligatedresponsible to the Tenant for any loss or damage that may accrue to its stock or business by reason thereof, and if the Landlord makes or causes to do be made such acts repairs, the Tenant agrees that it will forthwith on demand pay to the Landlord the cost thereof with interest at Fifteen (15%) percent per annum, and expend if it shall make default in such funds at payment, 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 workremedies provided in Paragraph 6 hereof.
(3) Section 4. The Landlord will maintain, repair and replace reserves the right of free access at all structural components of the Premises and times to 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 changesaid leased premises. 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 erect any act or omission of Tenant structures for storage or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusabilityaerial, or (iii) where use the repair roof for any purpose without the consent in question is one which Tenant is obligated to furnish under writing of the provisions of this LeaseLandlord.
Appears in 1 contract
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
Samples: 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
Samples: Ground Lease (Grand Casinos Inc)
Maintenance and Repairs. Section 7.01. Tenant shall be responsible for all Operating Costs. Tenant shall take good care (1or cause good care to be taken) Except for matters specified under Paragraph 4 above of the Demised Premises, alleyways and Paragraph 8A(3passageways and the sidewalks, curbs and vaults adjoining the Demised Premises, and keep the same (or cause the same to be kept) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, maintain the Premises in good order, condition order and repaircondition, ordinary wear and tear and damage by fire and casualty obsolescence excepted, and make necessary nonstructural repairs thereto, interior and exterior. Tenant also shall be responsible for all personal property replacements and repairs, including: , but not limited to, (i) water heater replacements, (ii) floor covering replacements, (iii) replacement of window coverings, (iv) replacement of appliances, (v) HVAC compressor and condenser replacements, (vi) plumbing fixture replacements, (vii) electrical fixture replacements, and (viii) interior painting. Tenant also shall make (or cause to be made) all repairs necessary to avoid any structural damage or injury to the interior surfaces of Demised Premises. All repairs and replacements shall be equal in quality and class to 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 Premisesoriginal work.
(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 workSection 7.02. Landlord shall have no liability be responsible for all “Capital Expenses,” which shall mean any and all costs and expenses incurred in connection with major repairs, replacements, and improvements relating to Tenant for any reasonable damage, inconvenience or interference with Tenant's use the structural elements of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair Property which are not Operating Costs and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change thus would be considered a capital improvement or replacement to the Premises capitalized under generally accepted accounting principles, then it including, but not limited to, (i) the replacement of roofs, chimneys, gutters, downspouts, paving, curbs, ramps, driveways, balconies, porches, patios, foundations, exterior walls and all load bearing walls, exterior doors and doorways, windows, elevators, fences and gates, and (ii) exterior painting. Other than as set forth in this Section 7.02, Landlord shall not be Landlord's required to furnish any services or facilities or make any repairs, replacements or alterations in or to the Demised Premises, Tenant hereby assuming the full and sole responsibility to promptly make and pay for such the operation, repair, replacement, alteration or other changemaintenance and management of the Demised Premises.
Section 7.03. Upon the execution of this Lease, if required by the Lender, Landlord shall deposit funds in an amount required by the Lender (the “Required Repair Funds”) into a special account (the “Required Repair Account”) at a depository mutually acceptable to Landlord, Tenant and the Lender (the “Depository”). The cost of any such capital improvement Required Repair Funds shall be amortized over available to Tenant as further described in Section 7.05 below. Upon the useful life expiration or earlier termination of such item this Lease, any funds remaining in the Required Repair Account shall be disbursed to Landlord or its designee.
Section 7.04. Within sixty (60) days of the execution of this Lease, Landlord shall deposit an additional sum required by the Lender (the “Trust Reserve Deposit,” and together with the Required Repairs Funds, the “Reserve Funds”) into a special account (the “Trust Reserve Account”) at the Depository. The Trust Reserve Deposit shall be funded out of the proceeds of the loan from Lender to Landlord in connection with the acquisition of the Property by the Landlord, or deposited by Landlord within sixty (60) days of the acquisition of the Property. The Trust Reserve Deposit shall be made available for the uses described in Section 7.05 below. Upon the expiration or earlier termination of this Lease, any funds remaining in the Trust Reserve Account shall be disbursed to Landlord or its designee.
Section 7.05. Subject to any required approvals of the Lender and, if applicable, to the terms of the Loan Documents, the Reserve Funds shall be available to and may be withdrawn by 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 for: (i) caused directly or indirectly Operating Costs and Capital Expenses described in Sections 7.01 and 7.02 above, as determined by any act or omission of the Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licenseesin its sole discretion, (ii) where Tenant makes a decorationany Restoration, alteration, improvement or addition which directly causes such unusability, or (iii) where any Condemnation Restoration, and (iv) unanticipated operating expenses; provided that in no event shall amounts on deposit in the repair in question Reserve Funds be used to pay a distribution or any other amount to any direct or indirect owner of Landlord or Tenant. If the Reserve Funds are not available for any reason and funds of Tenant are used to pay for expenses for which Landlord is one responsible hereunder, such amount shall be treated as a non-interest-bearing loan from Tenant to Landlord, which Tenant may recover by set off against Stated Rent and/or Bonus Rent and, if not previously repaid, out of the gross sales proceeds of the Property if such amounts are not repaid prior to the sale or exchange of the Property (or the expiration or earlier termination of this Lease if sooner). If Reserve Funds are used to pay for expenses for which the Tenant is obligated responsible hereunder, such amount shall be treated as a non-interest-bearing loan from Landlord to furnish under Tenant, which Xxxxxx will reimburse to the provisions applicable Reserve Account as soon as practicable thereafter, and in no event later than the expiration or earlier termination of this Lease.
Section 7.06. Tenant shall have the right to satisfy its obligations under this Article 7 (other than 7.03 above) by requiring the property manager to cause the performance of such obligations.
Section 7.07. The necessity for and adequacy of replacements, maintenance and repairs to the Demised Premises pursuant to this Article 7 shall be measured by the standard which is appropriate for properties of similar construction, class and use in the area in which the Demised Premises are situated.
Appears in 1 contract
Samples: Master Lease (Versity Invest, LLC)
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
Samples: Assignment and Assumption of Lease (Ohio Legacy Corp)
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, 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. LESSEE 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, LESSEE shall promptly reimburse LESSOR for all costs incurred or LESSOR may deduct such costs from the money deposited with LESSOR. LESSEE 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 LeaseLESSEE'S invitees.
Appears in 1 contract
Samples: Lease Agreement
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Subject to Landlord's obligationobligations under the next paragraph of this section, Tenant shall, at Tenant's sole cost and expense, perform all maintenance to the interior, non-structural features of the Premises, including without limitation the interior floors, walls, ceilings, doors, windows; all heating, ventilation and air-conditioning (HVAC); electrical; plumbing; lighting (including bulb replacement); and other systems, fixtures, and equipment therein, to maintain the Premises in good order, order and condition of repair and repairsafety during the term of this lease, ordinary wear and tear and damage by fire and casualty excepted. Except in instances covered by Section 12 or Section 13, including: which will be governed by such sections, Landlord shall, at its expense, maintain the interior surfaces roof, exterior walls, foundation, subfloors, common driveways and structure of the ceilings, walls Building in good order and floors; all doors condition of repair 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 safety. If Landlord fails to maintain perform or commence the Premises performance of (and thereafter diligently prosecute them to completion) the maintenance or repair of such items shall commence within 15 days and be completed in good ordera reasonable time after receipt of notice of the need thereof from Tenant, condition Tenant may, at its option and repair as required under this Lease, 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, perform such maintenance or repair obligations and diligently prosecute it the amount of all costs and expenses incurred by Tenant shall be paid to completionTenant upon demand, then Landlord or at Tenant's option Tenant may offset such amount against future rent obligations of Tenant; provided that nothing in this lease shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense construed as an assumption by Tenant of Tenant as are reasonably required Landlord's obligation to perform such workobligations. Landlord This right 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 Buildingbe in addition to, and if a repairnot in limitation of, replacement or alteration or any other change would be considered a capital improvement or replacement to the Premises rights which Tenant may have under generally accepted accounting principles, then it shall be this lease for Landlord's responsibility failure to promptly make and pay for perform 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 Leaseobligations.
Appears in 1 contract
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 sole its cost and expense, maintain keep the foundation (excluding any special foundation poured at Tenant’s request), the exterior walls (except plate glass; windows; doors; door closure devices; window and door frames, moldings, locks and hardware; and interior painting or other interior treatment of exterior walls), and the roof of the Leased Premises in good order, condition and repair, ordinary wear and tear and damage except that Landlord shall not be required to make any repairs occasioned by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by act or at the expense negligence of Tenant; , its employees, subtenants, licensees 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 Premisesconcessionaires. In the event that the Leased Premises should become in need of repairs required to be made by Landlord hereunder, Tenant fails shall give immediate written notice thereof to commence Landlord; and Landlord shall not be responsible in any way for failure to make any such work repairs until a reasonable time shall have elapsed after receipt of such written notice.
(b) Except for those portions of the Leased Premises which Landlord is obligated to maintain pursuant to subsection 4(a) above, Tenant shall keep the Leased Premises in a clean condition and shall at its sole cost and expense maintain the Leased Premises in good condition and repair including, without limitation, (1) making all needed repairs and replacements, including the repair and replacement of all lighting, plate glass, doors, windows, door closure devises, window & door frames, moldings, locks and hardware, and interior painting or other interior treatment of exterior walls, plumbing, fire sprinkler system and other electrical, mechanical and electromotive installation (including, without limitation, dock levelers and dock sealers), fire sprinkler system, equipment and fixtures and also including all utility repairs in ducts, conduits, pipes and wiring, and any sewer stoppage located in, under and above the Leased Premises; (2) replacement of cracked or broken glass; and (3) repairs, replacements and alterations required by governmental authority or any insurance company providing coverage on any part of the Center (to the extent such required repairs, replacements and alterations are related to Tenant’s specific use of the Leased Premises and not to the Leased Premises generally). Tenant shall also make all necessary repairs and replacements of its fixtures required for the proper conduct of its business. If any repairs required to be made by Tenant hereunder are not made within 30 twenty (20) 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 his 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 to its stock or business 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 at the highest lawful rate from the date of payment by Landlord until repaid by Tenant. Notwithstanding anything At the expiration of this lease, Tenant shall surrender the Leased Premises in this Lease to the contrarygood condition, in the event that the need for repairs reasonable wear and tear and loss by fire 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 other casualty excepted. Tenant shall be entitled to also be responsible for the maintenance, repair and routine cleaning of the HVAC units. If during the Term of the Lease, an abatement HVAC unit is not repairable and needs replacement then Landlord, at Landlord’s cost, shall contract for the replacement 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 LeaseHVAC unit.
Appears in 1 contract
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, Tenants will maintain the Premises Premises, including the grounds and all appliances, fixtures and furnishings, in clean, sanitary and good order, condition and repair. Tenants will not remove Xxxxxxxx's appliances, ordinary wear and tear and damage by fire and casualty exceptedfixtures, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; or 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 from the Premises in good orderfor any purpose. If repairs other than general maintenance are required, condition and repair as required under this Lease, Tenant will notify the Landlord shall give Tenant prior written notice to do for such acts as are required to so maintain the Premisesrepairs. In the event that Tenant fails to commence such work within 30 days after written demand of default by LandlordXxxxxx, and diligently prosecute it to completion, then Xxxxxx will reimburse the Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant 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 any repairs or replacement.
A. Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall be used for the purposes of ingress and egress only;
B. Maintain smoke detectors by replacing batteries as needed and ensuring the placement of a functional smoke detector in each bedroom;
C. Keep all windows, glass, window coverings, doors, locks, and hardware in good, clean order and repair;
D. Not obstruct or cover the windows or doors;
E. Not leave windows or doors in an open position during any inclement weather;
F. Not hang any laundry, clothing, sheets, etc. from any window, rail, porch, or balcony nor air or dry any of same within any yard area or space;
G. Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Landlord;
H. Keep all air conditioning filters clean and free from dirt. Failure to change filters before a significant amount of dust buildup is visible will result in a $50 fee;
I. Change furnace filters quarterly during January, April, July and October (Landlord will provide filters);
J. Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and shall use them only for the purposes for which they were constructed. Tenants shall not allow any sweepings, rubbish, sand, rags, ashes, or other substances to be thrown or deposited therein. Any damage to any such repairapparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Tenant;
K. And Xxxxxx's family and guests shall at all times maintain order in the Premises and at all places on the Premises, and shall not make or permit any loud or improper noises, or otherwise disturb other residents. Notwithstanding anything This includes keeping all radios, television sets, stereos, phonographs, etc., turned down to a level of sound that does not annoy or interfere with other residents. By failing to maintain order or by disturbing other tenants within the hours of 12 a.m. to 7 a.m., the tenant will incur a
L. Deposit all trash, garbage, rubbish, or refuse in this Lease the locations provided thereof, and the tenant shall not allow any trash, garbage, rubbish, or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements. Failure to abide will result in a $50 fee;
M. Abide by and be bound by any and all rules and regulations affecting the Premises or the common area appurtenant thereto which may be adopted or promulgated by the Condominium or Homeowners' Association having control over them.
N. In the event the landlord is called in to make repairs not included in the landlord’s primary duties or resulting from tenant negligence, the tenant will be billed $30 an hour. A $30 inconvenience fee will be charged for each instance of additional work requested by the tenant. These fees include, but are not limited to, unlocking the home, making additional copies of keys, CWLP involvement. If the landlord is called in to make repairs not included in the landlord’s primary duties or resulting from tenant negligence outside the hours of 7 a.m. to 7 p.m., Monday to Friday, an additional fee of $75 dollars will be added to the contrary, in the event that the need for repairs tenant’s ledger. This fee does not apply to emergency calls such as HVAC 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 Leasewater issues.
Appears in 1 contract
Samples: Residential 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, Repairs to the Leased Premises are to be made at Tenant's the sole cost and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces 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 PremisesLessee. In the event that Tenant fails to commence such work within 30 days Lessee reasonably determines that a repair or replacement is needed and Lessor after written demand by Landlordnotice does not make said repair or replacement within a reasonable period of time, Lessee shall notify Lessor in writing that it considers said repair or replacement necessary and diligently prosecute that it is contemplating making said repair. Lessee may then, at its option, make such repair or replacement at its own expense. It is agreed that nothing in the foregoing shall relieve Lessor from full performance of its obligations and that the remedy referred to completion, then Landlord shall have the right, but shall not be obligated, above is in addition to do such acts and expend such funds at the expense of Tenant as are reasonably required any other remedy available 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 workLessee.
(3b) Landlord will maintain, repair and replace all structural components of If the Leased Premises and the roof of the Building, and if a repair, replacement or alteration shall be partially damaged by fire or other change would be considered a capital improvement cause without the fault 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 neglect of Lessee 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, the Lessor shall proceed forthwith to replace or to repair the Leased Premises with reasonable diligence at the expense of Lessor; provided, if the Leased Premises are to be replaced or repaired and are untenantable in whole or in part following such damage, the rent payable hereunder during the period in which they are unusable shall be adjusted equitably; provided further, however, if the Leased Premises are substantially damaged or rendered substantially unusable by fire or other cause, including, but not limited to, condemnation, and Lessor shall decide not to replace the same, then, within ninety (ii90) where Tenant makes a decorationdays after such fire, alterationcasualty or condemnation, improvement or addition which directly causes such unusabilityLessor may give Lessee notice in writing of the decision not to replace, or (iii) where whereupon the repair in question is one which Tenant is obligated Term of this Lease shall terminate, Lessee shall surrender the Leased Premises to furnish under Lessor, and rent shall be abated for the provisions unexpired portion of this Lease, effective as of the date of said written notice from Lessor, and Lessor shall have no further obligation or liability to Lessee. It is agreed that nothing in this Subsection 6(b) shall require Lessor to replace or to repair any or all Alterations.
Appears in 1 contract
Samples: Facility Lease Agreement (Paxson Communications Corp)
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
Samples: Purchase and Sale Agreement (Hospitality Properties Trust)
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) Subject to the provisions of Article XVII below as being Landlord's obligationrelating to destruction of or damage to the Premises, Tenant shallagrees that at all times and during the Term at its own expense it will keep and maintain or cause to be kept and maintained all of the Premises (structural and non-structural and interior and exterior), including, without limiting the generality of the foregoing, all buildings and other improvements; heating, ventilating and air conditioning systems (collectively, “HVAC”); plumbing; lighting; signage; pavement; common areas; and landscaping (including mowing of grass and care of shrubs), in clean, neat and first-class condition and repair commensurate with similar first-class office, retail and restaurants located in the Dallas metropolitan area. Tenant must at all times during the Term and, at Tenant's ’s sole cost and expense, further keep and maintain in good order and repair all buildings and improvements as may be situated on the Premises in good orderat any time during the Term, condition or forming part thereof, and repairtheir full equipment and appurtenances, both interior and exterior, structural or nonstructural, ordinary wear or extraordinary, regardless of how the necessity or desirability for such repairs may occur or arise. All repairs, replacements and tear renewals must be made promptly by Tenant and damage by fire must be at least equal in quality and casualty excepted, including: class 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 Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, original “as new” 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 Premisesthereof. In the no event that Tenant fails shall Landlord have any obligation 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 make any reasonable damage, inconvenience repairs 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 replacements to the Premises, except however, if Tenant fails to make the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts repairs or replacements promptly as required to comply with all applicable lawsherein, ordinancesLandlord may, regulations at Landlord’s sole option, make such repairs 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 replacements and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repairrepairs and replacements will be charged to Tenant as Additional Rent and will become due and payable by Tenant upon demand therefor. Notwithstanding anything Upon the expiration or termination of this Lease, so long as Tenant is not in this Lease to the contrarydefault hereunder, 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 Tenant may remove from the Premises unusable for more than three consecutive business daysall of Tenant’s movable fixtures, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusablepersonal property and equipment located thereon; provided, however, that Tenant shall may not be entitled remove any signs (except sign panels), HVAC, plumbing, electrical and similar equipment typically furnished to a pro rata abatement tenants of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant lease space or any of Tenant's servants, employees, agents, contractors, visitors the building systems (or licensees, (iiparts thereof) where Tenant makes a decoration, alteration, improvement serving or addition which directly causes such unusability, benefitting the Premises or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leaseany portion thereof.
Appears in 1 contract
Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above as set forth in Sections 11(b) and Paragraph 8A(3(c) below as being Landlord's obligationbelow, Tenant shall, at Tenant's sole cost shall keep and expense, maintain the Premises in good order(including all non-structural, condition interior, exterior, systems 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.
(2equipment) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, during the Term. Tenant shall promptly replace any portion of the Premises or any systems or equipment thereof which cannot be fully repaired. All repairs and replacements shall be performed in a good and workmanlike manner to the reasonable satisfaction of Landlord. All of Tenant’s obligations to maintain and repair the Premises shall be accomplished at Tenant’s sole expense.
(b) Landlord shall give Tenant prior written notice to do such acts as are required to so keep and maintain the Premisesstructural portions of the Building in good order, condition and repair and keep the roof free of leaks, at Landlord’s sole cost and expense. Structural portions of the Building shall include the Building’s footings, foundations, interior structural steel columns, roof deck, roof joists, and other structural members supporting the roof; floor slabs; load-bearing walls; and other load-bearing elements of the Building. Notwithstanding the foregoing, however, any damage, loss or injury to the Premises to the extent caused by Tenant’s negligence or intentional acts and not otherwise covered by Landlord’s insurance shall be restored at the sole cost and expense of Tenant, and any loss or injury to the Premises to the extent caused by Landlord’s negligence or intentional acts shall be restored at the sole cost and expense of Landlord. Tenant shall receive the benefit of any assignable warranties or guarantees (if any) obtained by Landlord from Landlord’s contractors.
(c) Landlord shall maintain and repair the parking areas (filling pot holes and striping), driveways, parking lot lighting, storm drainage facilities and landscaped areas of the Project. Landlord shall also arrange for the removal of accumulations of snow and ice from the parking areas and driveways. Tenant shall, upon demand, pay Landlord its Proportionate Share of Landlord’s reasonable cost therefore; provided, however, that Landlord shall be responsible for , at Landlord’s sole cost and expense, correcting any construction defects to the parking areas, driveways, parking lot lighting, and storm drainage facilities of the Project. In the event that Landlord elects to perform any capital improvement to the parking areas, driveways, parking lot lighting, and storm drainage facilities of the Project, Tenant fails to commence such work within 30 days after written demand shall not be responsible for the cost of any other capital expenditure made by Landlord, to the parking areas, driveways, parking lot lighting, 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 storm drainage facilities of the Premises as a result of performing any such work.
(3) Landlord will maintainProject, repair and replace all structural components of unless authorized in writing by Tenant, in which event 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 thereof shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share improvement (which useful life shall be as determined by dividing under the square footage of the Building by the square footage of all buildings benefitted by such improvementInternal Revenue Code), 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 Tenant’s Proportionate Share of the amortized cost thereof allocable to an abatement the remaining Term. Tenant acknowledges that Landlord is not obligated hereunder to make any such improvements (other than the construction of rent commencing the Adjacent Parking Spaces to be performed by Landlord in accordance 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 LeaseLease at Landlord’s sole cost and expense).
(d) Tenant, at Tenant’s sole cost and expense, shall procure and maintain a service contract for the inspection, service, maintenance and repair of all heating, ventilating and air conditioning equipment serving the Premises (the inspection pursuant to such contract shall be made at least annually). The identity of the contractor and the contract shall be subject to Landlord’s reasonable approval. Copies of reports of inspections made hereunder shall be promptly supplied to Landlord.
Appears in 1 contract
Samples: Lease Agreement (Party City 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 xxxx 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
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 defects in the Base Building Work of which Tenant notifies Landlord in writing within one (1) Except year after the Rent Commencement Date for matters specified under Paragraph 4 above the applicable Building, (b) completion of any "punchlist" items pursuant to the provisions of Exhibit B attached hereto, and Paragraph 8A(3(c) below as being Landlord's obligationobligations under Sections 7.2, 12 and 13 of this Lease. Landlord hereby assigns to Tenant all construction warranties for the Base Building Work, on the condition that Landlord shall also have the right to enforce such construction warranties. Subject to Landlord's obligations under Sections 7.2, 12 and 13 of this Lease, from and after the Rent Commencement Date and continuing thereafter throughout the Term, Tenant shallshall be responsible to clean, maintain and repair the Premises, including providing janitorial services and disposal of trash; and to that end, commencing upon the Rent Commencement Date and continuing thereafter throughout the Term, Tenant, at Tenant's sole cost expense but under the reasonable direction of Landlord, shall repair and expensemaintain the Premises, maintain including, without limitation, the interior of the Premises, the exterior of the Buildings (including repair and maintenance of the roof membrane, and washing the exterior of the Buildings, but excluding Landlord's repair obligations contained in Section 7.2 below), the heating, ventilating and air conditioning system or systems serving the Premises, the electrical and plumbing systems serving the Premises, including the lighting and plumbing fixtures, the restrooms serving the Premises, interior stairways in the Premises, the interior and exterior glass, including caulking (but excluding structural portions of the exterior of the Buildings), plate glass skylights, 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. Prior to the Rent Commencement Date Tenant shall provide Landlord with a copy of a service contract with a licensed commercial Heating, Ventilating and Air-conditioning maintenance company (which contract and company shall be subject to Landlord's prior approval, which approval shall not be unreasonably withheld), to maintain, on an ongoing basis (at least quarterly), the heating, ventilating and air-conditioning system serving the Premises. If Tenant fails to perform its maintenance and repair obligations under this Section 7.1, and such failure continues for thirty (30) days after written notice from Landlord to Tenant, then Landlord shall have the right to perform such maintenance and repairs at Tenant's expense. Notwithstanding the foregoing provisions of this Section 7.1, and without in any way relieving Landlord of its obligations under Section 12 of this Lease, if (a) at any time during the period beginning on the first (1st) anniversary date of the Rent Commencement Date (for the applicable Building, if each Building has a separate Rent Commencement Date) and ending on the first (1st) day of the eighty-fifth (85th) full calendar month of the initial Term of this Lease, (b) it appears to Tenant that any individual repair to the Base Building Work costs more than Fifty Thousand Dollars ($50,000.00), and (c) the repair is not the result of Tenant's negligence or willful misconduct, then Tenant may request Landlord to make such repair ("Tenant's Base Building Repair Request"). Upon receipt of Tenant's Base Building Repair Request, Landlord shall request three (3) qualified contractors selected by Landlord to give cost estimates for the repair described in Tenant's Base Building Repair Request. If the lowest estimate from such three (3) contractors for the cost of the repairs described in Tenant's Base Building Repair Request exceeds Fifty Thousand Dollars ($50,000.00), then Landlord shall cause such repairs ("Landlord's Base Building Repair for Tenant") to the Base Building Work to be made at Landlord's expense. The costs of Landlord's Base Building Repair for Tenant shall be amortized straight-line over its useful life, as reasonably determined by Landlord, and be included in Operating Costs in the calendar year in which the repair is made and in each calendar year thereafter during the Term, including any Extension Period (as defined in Section 41 of this Lease); provided, such amortized costs shall not be included in determining Fair Market Base Rental applicable to any Extension Period. Notwithstanding the foregoing provisions of this Section 7.1, and without in any way relieving Landlord of its obligations under Section 12 of this Lease, if (a) less than five (5) years remain in the Term of this Lease, (b) it appears to Tenant that any individual repair which is Tenant's responsibility under this Section 7.1 costs more than Fifteen Thousand Dollars ($15,000.00), and (c) the repair is not the result of Tenant's negligence or willful misconduct, then Tenant may request Landlord to make such repair ("Tenant's Repair Request"). Upon receipt of Tenant's Repair Request, Landlord shall request three (3) qualified contractors selected by Landlord to give cost estimates for the repair described in Tenant's Repair Request. If the lowest estimate from such three (3) contractors for the cost of the repairs described in Tenant's Repair Request exceeds Fifteen Thousand Dollars ($15,000.00), then Landlord shall cause such repairs ("Landlord's Repair for Tenant") to be made at Landlord's expense. The costs of Landlord's Repair for Tenant shall be amortized straight-line over its useful life, as reasonably determined by Landlord, and be included in Operating Costs in the calendar year in which the repair is made and in each calendar year thereafter during the Term, including any Extension Period (as defined in Section 41 of this Lease); provided, such amortized costs shall not be included in determining Fair Market Base Rental applicable to any Extension Period.
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: (a) the interior surfaces structural portions of the ceilingsroof (excluding the roof membrane), columns, footings, foundations, floors and exterior walls of the Buildings (excluding glass and floors; all doors window caulking) and interior windows; furnishings installed within structural portions of any other improvements located in the Premises; all equipment installed by or at Outside Areas, (b) the expense of Tenant; main water lines, pipes 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 conduit serving the Premises (including the fire protection loop) to the point of entry into the Buildings, (c) the Parking Structure below the Buildings, and (d) all other portions of the Outside Areas not listed in (a), (b) and (c) above, the costs of which items contained in this Section 7.2 shall be included as a part of Operating Costs (except for the costs of maintenance of levees, which shall be at Landlord's sole cost), subject to the terms, conditions, exclusions and limitations contained in Section 3.2 of this Lease. Landlord shall maintain or cause to be maintained in reasonably good order, condition and repair as required under this Leaseall levees located in the Outside Areas, the costs of which maintenance of levees shall not be included in Operating Costs. Additionally, Landlord shall give Tenant prior written notice perform and construct, at Landlord's sole cost and expense, any repair, maintenance or improvements to do such the Premises or the Project (i) necessitated by the 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 or omissions of Landlord, and diligently prosecute it or Landlord's contractors, agents or employees, (ii) required as a consequence of any violation of any Law with respect to completionthe original construction of the Base Building Work, then or construction or design defects in the Base Building Work, or (iii) for which Landlord shall have the right, but shall not be obligated, has a right to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such workreceive reimbursement from others. Landlord shall have be under no liability obligation 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 inspect the Premises. Tenant shall do all acts required promptly report in writing to comply with all applicable laws, ordinances, regulations and rules of Landlord any public authority relating solely defective condition known 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 required to effect at Landlord's expense renders repair. As a material portion part of the Premises unusable consideration for more than three consecutive business daysthis Lease, then Tenant shall be entitled 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 commencing with the fourth business day that the same are unusable; provided, however, that or to terminate this Lease or otherwise releasing 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 from any of Tenant's servantsobligations under this Lease:
(a) To reduce, employeesincrease, agentsenclose or otherwise change at any time and from time to time the size, contractorsnumber, visitors or licenseeslocation, lay-out and nature of the Outside Areas (ii) where Tenant makes a decorationincluding the Parking Facility, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated subject to furnish under the provisions of Section 39 - Parking of this Lease) and other tenancies and premises in the Project; and
(b) If any governmental authority promulgates or revises any Law or imposes 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, or make any alterations to the Project related thereto.
(c) In exercising its rights under this Section 7.3, Landlord shall not materially and permanently impair Tenant's access to the Premises.
Appears in 1 contract
Samples: Lease Agreement (3do Co)
Maintenance and Repairs. 7.1 By taking possession of the Premises Tenant agrees that the Premises are then in a good and tenantable condition. Tenant at Tenant’s expense but under the direction of Landlord, shall repair and maintain the Premises, including the interior walls, floor coverings, ceiling (1) Except for matters specified under Paragraph 4 above ceiling tiles and Paragraph 8A(3) below as being Landlord's obligationgrid), Tenant shallImprovements, at Tenant's sole cost Alterations, fire extinguishers, outlets and expensefixtures, maintain and any 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. If any balcony is outside the Premises, and is not directly accessible from any other tenant’s space (the “Balcony”), then Tenant shall not, without Landlord’s prior written consent, place anything that is visible from the street on the Balcony. Tenant at Tenant’s expense shall (a) keep the Balcony free from debris, (b) not block any drains at the Balcony, and (c) each evening and prior to each weekend remove all furniture from the Balcony.
7.2 Landlord shall maintain or cause to be maintained in reasonably good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces structural portions of the ceilingsroof, foundations, floors and exterior walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share Building Systems (which shall be determined Building Systems do not include any separate HVAC systems installed and maintained by dividing Tenant pursuant to Section 9.4 below) and the square footage public and 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 not covered by the proceeds of Landlord’s property insurance. Landlord shall be under no obligation to inspect the Premises. Tenant shall promptly report in writing to Landlord any defective condition known to Tenant which Landlord is required to repair. As a material part of the consideration for this Lease, Tenant hereby waives any benefits of any applicable existing or future Law, including the provisions of California Civil Code Sections 1932(1), 1941 and 1942, that allows a tenant to make repairs at its landlord’s expense.
7.3 Landlord hereby reserves the right, at any time and from time to time, without liability to Tenant, and without constituting an eviction, constructive or otherwise, or entitling Tenant to any abatement of rent or to terminate this Lease or otherwise releasing Tenant from any of Tenant's servants’s obligations under this Lease:
(a) To make, employeesafter giving Tenant reasonable telephonic or written notice (except in cases of an emergency), agentsalterations, contractorsadditions, visitors repairs, improvements to or licenseesin or to decrease the size of area of, all or any part of the Building, the fixtures and equipment therein, and the Building Systems;
(iib) where To change the Building’s name or street address; provided, however, that if such change is not required by a governmental entity, then Landlord shall reimburse Tenant makes a decorationfor Tenant’s reasonable replacement stationery costs;
(c) To install and maintain any and all signs on the exterior and interior of the Building;
(d) Subject to Tenant’s parking rights in Section 37 Parking contained in Exhibit D to this Lease, alterationto reduce, improvement 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 (including the Parking Facility) and other tenancies and premises in the Project and to create additional rentable areas through use or enclosure of common areas; and
(e) If any governmental authority promulgates or revises any Law or imposes mandatory or voluntary controls or guidelines on Landlord or the 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 unusabilityControls, whether mandatory or voluntary, or (iii) where make any alterations to the repair in question is one which Tenant is obligated to furnish under the provisions of this LeaseProject related thereto.
Appears in 1 contract
Samples: Lease Agreement (Hemacare Corp /Ca/)
Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above Landlord agrees to maintain the Building and Paragraph 8A(3Building Complex in a first class condition consistent with the standards therefor set by similar type buildings located in the same general area as the Building. Landlord shall make all necessary repairs and replacements to the non-leasable areas of the Building, to the Treating, air conditioning and electrical systems located in the Building, and to the common areas, including parking areas, and Landlord shall also make all repairs to the Premises which are structural in nature; provided, however, that Tenant shall make all repairs and replacements arising from its act, neglect or default and that of its agents, servants and employees, In the event that the Landlord shall deem it necessary, or be required by any governmental authority to repair, alter, remove, reconstruct or improve any part of the Premises or of the Building (unless the same result from Tenant's act, neglect, default or mode of operation in which event Tenant shall make all such repairs, alterations and improvements), then the same shall be made by Landlord with reasonable dispatch, and should the making of such repairs, alterations or improvements cause any interference with Tenant's use of the Premises, such interference shall not relieve Tenant from the performance of its obligations hereunder.
(b) below as being Landlord's obligation, Tenant shallTenant, at Tenant's sole cost and expense, except for services furnished by Landlord pursuant to Paragraph 7 hereof, shall maintain the Premises in good order, condition and repair, ordinary reasonable wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbingto the extent such items exceed Building standards, heating, ventilatingplumbing pipes, electrical wiring, switches, fixtures and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within other special items subject to the Premises.
(2) provisions of Paragraph 15. In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Leaserepair, Landlord shall give Tenant prior detailed written notice to do such acts as are reasonably required to so maintain the Premises. In the event that Tenant fails to promptly commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligatedrequired, to do such acts and expend such funds at the expense of Tenant Tenant' as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's the use of the Premises by Tenant as a result of performing any such work; other than liability for the gross negligence and wilful misconduct of Landlord, its agents or employees.
(3c) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall each do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required their respective maintenance obligations as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leaseset forth herein.
Appears in 1 contract
Samples: Office Building Lease (Michigan Heritage Bancorp Inc)
Maintenance and Repairs. (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
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
Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises shall keep in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use all portions of the Premises that require such care as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of and normal wear and tear. Tenant's maintenance and repair obligations shall include but not be limited to plumbing, heating, electrical, lighting facilities and equipment within the Premises, fixtures, walls, foundations, ceilings, roofs, floors, windows, doors, plate glass and skylights located in or on any structures and all landscaping, driveways, parking lots, fences, signs, sidewalks and parkways on the Premises. All repairs and maintenance by Tenant shall do be made only by a licensed, bonded contractor. Landlord may impose reasonable restrictions and requirements with respect to such repairs, and the provisions of Article 9 and Section 48.9 shall apply to all acts required such repairs. Tenant shall indemnify, defend and hold Landlord harmless from and against all actions, claims, and damages by reason of Tenant's failure to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premisesforegoing provisions. If a repair is required Except as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease expressly provided herein to the contrary, Landlord shall have no maintenance and repair obligations with respect to the Premises.
(b) Without limiting the generality of subsection (a) above, Tenant shall maintain, repair and replace the heating, ventilating and air conditioning system in the event that Building at Tenant's cost using a licensed air conditioning firm. Tenant shall contract with such firm to perform periodic inspections, and any maintenance, repair and replacement recommended as the need for repairs or result of such inspections, on a periodic basis as recommended by manufacturer's manuals.
(c) For the making purposes of repairs Tenant's covenants set forth in Article 9 and this Section 48.8, it is understood and agreed that:
(or bothi) which Landlord is obligated to effect at Landlord's expense renders a material portion At the expiration of the Premises unusable for more than three consecutive business daysLease term, then the heating, ventilating and air conditioning ("HVAC") system servicing Building A shall be in good working condition. Good working condition shall take into account the age of the system as of the date hereof and as of the expiration of the Lease term. Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; providednot, however, be required to make additions to the HVAC system to extend the useful life of the HVAC system to any particular term.
(ii) The periodic inspections and maintenance required by subsection (b) above shall be at least once per calendar quarter and shall be performed by a licensed HVAC maintenance firm approved by Landlord. Such inspection and maintenance shall include replacement of parts as necessary to keep the system in good working order.
(iii) Landlord shall be responsible for any required replacement of electrical and mechanical equipment in the Premises to the extent that such replacement is the result of the negligence or intentional act of Landlord, its agents, employees or contractors.
(iv) In no event shall Tenant shall not be entitled responsible to maintain Building A or the Premises to a pro rata abatement condition other than that which would result from normal wear and tear for a building of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission age and quality of Tenant or any the Building and with a tenancy of the duration of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions occupancy of this Lease.Building A.
Appears in 1 contract
Samples: Lease Agreement (Emulex Corp /De/)
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above 7.1 By taking possession of the Premises Tenant agrees that the Premises are then in a good and Paragraph 8A(3) below as being Landlord's obligationtenantable condition. Subject to the terms of Section 1 above, Tenant shall, at Tenant's sole cost ’s expense but under the direction of Landlord, shall repair and expensemaintain the Premises, maintain including the interior walls, floor coverings, ceiling (ceiling tiles and grid), Tenant Improvements, Alterations, fire extinguishers, the portion of Building Systems exclusively serving the Premises (e.g., electrical outlets and fixtures, dedicated HVAC equipment, distribution systems and registers) and any appliances (including dishwashers, hot water heaters and garbage disposers) in the Premises, in good working condition (but in no event in a condition worse than the condition existing as of the date on which Landlord delivered possession of the Premises to Tenant), and keep the Premises in a clean, safe and orderly condition.
7.2 Landlord shall maintain or cause to be maintained in reasonably good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces structural portions of the ceilingsroof, foundations, floors and exterior walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage portion of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is Systems not covered by insurance proceedsTenant’s obligations in Section 7.1, Tenant will pay for and the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion public and common areas of the Premises unusable for more than three consecutive business daysProperty, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusablesuch as elevators, stairs, corridors and restrooms; provided, however, that Tenant shall not be entitled to a pro rata abatement pay the cost of rent under repairs for any damage occasioned by Tenant’s use of the foregoing due to unusability (i) caused directly Premises or indirectly by the Property or any act or omission of Tenant or Tenant’s Representatives or Visitors, to the extent not covered by the proceeds of Landlord’s property insurance. Landlord shall be under no obligation to inspect the Premises. Tenant shall promptly report in writing to Landlord any defective condition known to Tenant which Landlord is required to repair. As a material part of the consideration for this Lease, Tenant hereby waives any benefits of any applicable existing or future Law, including the provisions of California Civil Code Sections 1932(1), 1941 and 1942, that allows a tenant to make repairs at its landlord’s expense.
7.3 Landlord hereby reserves the right, at any time and from time to time, without liability to Tenant, and without constituting an eviction, constructive or otherwise, or entitling Tenant to any abatement of rent or to terminate this Lease or otherwise releasing Tenant from any of Tenant's servants’s obligations under this Lease:
(a) To make alterations, employeesadditions, agentsrepairs, contractorsimprovements to or in or to decrease the size of area of, visitors all or licenseesany part of the Building, the fixtures and equipment therein, and the Building Systems;
(iib) where Tenant makes a decorationTo change the Building’s name or street address;
(c) To install and maintain any and all signs on the exterior and interior of the Building;
(d) To reduce, alterationincrease, improvement enclose or addition which directly causes otherwise change at any time and from time to time the size, number, location, lay-out and nature of the Common Areas (including the Parking Facility) and other tenancies and premises in the Property and to create additional rentable areas through use or enclosure of common areas; and
(e) If any governmental authority promulgates or revises any Law or imposes mandatory or voluntary controls or guidelines on Landlord or the Property relating to the use or conservation of energy or utilities or the reduction of automobile or other emissions or reduction or management of traffic or parking on the Property (collectively “Controls”), to comply with such unusabilityControls, whether mandatory or voluntary, or make any alterations to the Property related thereto.
(iiif) where In exercising its rights under this Section 7.3, Landlord agrees to use commercially reasonable efforts to minimize any interruption to or disruption of Tenant’s use of the repair in question is one which Tenant is obligated to furnish under the provisions of this LeasePremises.
Appears in 1 contract
Samples: Lease Agreement (Inpixon)
Maintenance and Repairs. Landlord shall keep the foundation, roof, and the structural portions of the exterior walls (1excluding doors, windows, door and window frames, floors, glass, sprinkler system, lighting equipment and facilities, mechanical, electrical and plumbing systems and equipment, all of which shall be Tenant’s responsibility) of Tenant’s Premises in good repair, except that Landlord shall not be called on to make any such repairs caused by the act or failure to act, whether negligent or otherwise, of Tenant, its agents, invitees, customers, licensees, employees, or service contractors. Except for matters specified under as provided in this Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation20 of the Lease, Landlord shall not be obligated to make any repairs, replacements or improvements of any kind upon the Premises, but Tenant shallshall give Landlord prompt written notice of any accident, casualty, damage or other similar occurrence in or to the Premises or the common areas of which Tenant has knowledge. Tenant, at Tenant's its sole cost and expense, shall at all times maintain said Premises, its fixtures, equipment, systems, and utility lines (including any equipment, systems and/or utility lines located outside of the Premises which solely serve Tenant) in good order, condition and repair, and also in a clean, orderly, sanitary and safe condition, and also in accordance with all directions, rules and regulations of the health officer, fire marshal, building inspector or other proper officers of the governmental agencies having jurisdiction. Tenant shall at its own cost and expense operate, maintain and repair the heating, air conditioning, ventilation and other equipment, and shall replace all or any portion of such equipment which cannot be fully repaired, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall cause the heating, air conditioning and ventilation equipment to be inspected and maintained by a qualified mechanic not less than twice annually during the Term and shall provide Landlord with satisfactory evidence of each such inspection within thirty (30) days after such inspection is conducted. If Tenant fails to provide Landlord with evidence of the inspection and maintenance of the heating, air conditioning and ventilation equipment as required hereinabove, Tenant shall pay to Landlord upon demand the same late charge fee assessed for late payment of Minimum Guaranteed Rent for each such failure. If Tenant serves or prepares food on the Premises, Tenant shall contract with a reputable firm for monthly pest control. Tenant, at its cost and expense, shall comply with all requirements of law, ordinances and otherwise, affecting the Premises and shall permit no waste, damage, or injury to said Premises. Tenant shall at its cost and expense replace any broken or cracked doors and plate or window glass (including any glass with holes) in the Premises with materials of like kind and quality. All maintenance, repairs and replacements shall be accomplished in a good and workmanlike manner. Tenant shall also initiate and carry out a program of regular maintenance and repair of the Premises, including, but not limited to, the painting or refinishing of all areas of the interior of the Premises and maintaining or replacing of all items on display used in the conduct of Tenant’s business, so as to impede, to the extent possible, deterioration by ordinary wear and tear and damage by fire and casualty excepted, including: to keep the interior surfaces of same in attractive condition throughout the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Term. If Tenant fails to maintain the Premises in good order, condition and repair as required under this Leaseherein, Landlord may, on ten (10) days prior notice (except no notice shall give Tenant prior written notice to do such acts as are be required to so maintain in case of emergency) enter the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, Premises and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no repair and maintenance on behalf of Tenant, without liability to Tenant for any reasonable damageloss or damage that may accrue to Tenant’s merchandise, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration fixtures or other change would be considered a capital improvement property, or replacement to the Premises under generally accepted accounting principlesTenant’s business, then it by reason or as result thereof. In such case, Tenant shall be Landlord's responsibility to promptly make and pay reimburse Landlord for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share one hundred fifteen percent (which shall be determined by dividing the square footage of the Building by the square footage 115%) of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made costs incurred immediately upon receipt by Tenant as set forth of Landlord’s demand therefor. In order to coordinate services for tenants in Paragraph 4 above. the Shopping Center, Landlord may assume the responsibility for regularly maintaining and repairing Tenant’s heating and air conditioning and ventilation system, in which case Landlord shall do all acts required use good faith efforts to comply with all applicable laws, ordinances, regulations and rules of any public authority relating provide such services at a cost equivalent to or lower than the Premises, except to cost Tenant would incur if it contracted for the extent that the foregoing are solely a result of Tenant's use of the Premisesservices. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules reimburse Landlord for Tenant’s equitable share of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs services within ten (or both10) which Landlord is obligated to effect at days after Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease’s demand therefor.
Appears in 1 contract
Maintenance and Repairs. Tenant agrees to maintain the Premises and perform minor repairs such as leaking faucets and changing of air conditioner filters. Tenant shall be responsible for failure to make such repairs and shall be liable for damage resulting from such failure. Landlord shall be responsible for major repairs. The rights and obligations of the parties hereto regarding these repairs are described herein:
(1a) Except Tenant shall notify Landlord promptly by telephone, in person or in writing upon discovery of any major item requiring repair, (b) Landlord shall be required to complete such repair or cause such repair to be completed within three (3) business days after receiving such notification thereof from Tenant unless such repair cannot be reasonably completed within such three (3) business day period for matters specified under Paragraph 4 above reasons beyond the control of Landlord, in which event such repair shall be completed as soon as practically possible, but in any event within seven (7) business days after such notification, and Paragraph 8A(3(c) below as being Tenant shall pay the first $ 500.00 for the repair of any one item requiring repair, or shall be entitled (but not obligated) to effect any repair at Tenant's sole cost and expense in which case the Landlord must be notified and may require inspection of such repairs and copies of receipts for labor and/or materials for said repairs.
(d) In the case of emergency repairs, Landlord shall be obligated to complete or cause same to be completed within forty-eight (48) hours after notification of the need for such repair by Tenant. In the event Landlord fails to complete any emergency repairs within said forty-eight (48) hours period for any reason whatsoever, Tenant shall be entitled to effect such repairs and Landlord shall pay all expenses (subject to limits described in subsection (iii) hereinabove) thereby incurred by Tenant upon written notification to Landlord by Tenant that such repairs have been effected and following inspection of such repairs by Landlord.
(e) Tenant shall pay Landlord for any property damage and/or cost of repairs to the Premises caused by the negligence or misuse thereof by Tenant, or Tenant's guests and/or other occupants. At the Landlord's obligationdiscretion, such repairs may be affected by Tenant shall, at Tenant's sole cost and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2f) In Any outstanding debt for such repairs may be deducted from the event that Tenant fails security deposit or charges to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such worktenant.
(3g) Landlord will maintainTenant shall maintain the yard by watering, repair weeding, mowing the grass and replace trimming the shrubs so as to maintain a good appearance. Extermination services for all structural components pests and insects as reasonably needed shall be arranged and paid for by Tenant. Both parties acknowledge that the rent would be higher if the foregoing responsibilities were allocated differently. This assumption of the Premises and the roof of the Buildingresponsibility by Tenant is entered into knowingly, voluntarily, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make for consideration and pay for such repair, replacement, alteration or other change. The cost is an express waiver of any such capital improvement shall be amortized over the useful life statutory or common law obligation of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amountLandlord. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease12.
Appears in 1 contract
Samples: Commercial Lease Agreement
Maintenance and Repairs. (1a) Except Tenant shall be responsible for matters specified under Paragraph 4 above keeping provided HVAC unit in working condition. Tenant shall be responsible for changing filters at least once every three months and Paragraph 8A(3) below as being Landlord's obligationservicing the HVAC unit biannually by a pre-approved professional. Tenant shall provide Landlord with proof of service. Landlord reserves the right to schedule service and pass charges on to Tenant, if Tenant shall, at Tenant's sole cost and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces does not provide proof of the ceilings, walls and floors; all doors and interior windows; furnishings installed service within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premisesrequested timeframe.
(2b) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give provide sewer and water connection to the building. Tenant prior written notice to do such acts as are required to so maintain the Premisesshall be responsible for all interior plumbing issues. In the event This includes any plumbing back-ups that Tenant fails to commence such work within 30 days after written demand by Landlordrequire
(c) Landlord shall be responsible for exterior walls, windows and doors, and diligently prosecute it to completionany structural repairs of the grounds and parking areas. However, then Landlord Tenant shall have keep the rightgrounds and parking areas clean and free of waste or debris. Tenant is responsible for promptly reporting in writing any defect, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use breakage, and failure of such reporting shall make Tenant liable for the Premises as a result repair of performing any additional damage. This provision does not obligate Landlord to repair or correct such workdefect or damage.
(3d) Landlord will maintain, repair Tenant shall be responsible for all ordinary and replace all structural components routine maintenance and upkeep of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use interior of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations is responsible for furnishing and rules replacing light bulbs. Tenant is responsible for notifying the Landlord in writing of any public authority relating solely to Tenant's use moisture accumulation, wood rot, or visible evidence of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repairmold. Notwithstanding anything in this Lease to the contraryforegoing, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled responsible for and pay for all repairs and maintenance required to an abatement of rent commencing with remedy any damages to the fourth business day that the same are unusable; providedPremises caused by (or not timely reported in writing by) Xxxxxx, howeverguests, that Tenant or invitees.
(e) Landlord shall not be entitled responsible or liable to a pro rata abatement of rent the Tenant or to those claiming by, through or under the foregoing due Tenant, for any loss or damage to unusability either the person or property of the Tenant that may be occasioned from the leaking of the roof, and the Tenant expressly agrees to indemnify and hold the Landlord harmless with respect thereto.
(if) caused directly or indirectly by Tenant is responsible for overseeing and covering the costs of any act or omission of Tenant or any pest control that is required for the operation of Tenant's servants, employees, agents, contractors, visitors ’s activities or licensees, (ii) where Tenant makes if Tenant’s activities is causing a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leasepest problem for other Tenants.
Appears in 1 contract
Samples: Commercial Lease Agreement
Maintenance and Repairs. (1) Except Landlord shall make all necessary repairs to the outer walls, roof, downspouts, gutters and basic structural elements, building systems and common areas of the Building. Landlord may decorate, make repairs, construct alternations, additions, changes or improvements whether structural or otherwise in and about the Building or the Complex, or any part thereof, and for matters specified under Paragraph 4 such purposes may enter upon the Leased Premises and, during the continuance of any such work, temporarily close doors, entryways, public space and corridors in the Building, interrupt or temporarily suspend building services and facilities and change the arrangement and location of entrances, passageways, doors and doorways, corridors, elevators, stairs, toilets, or other public parts of the building, provided that in no such event shall the Tenant's continued operation of its business in the Leased Premises be unreasonably interrupted and provided that nothing set forth above and Paragraph 8A(3) below as being Landlordshall unreasonably interrupt Tenant's obligation, access to the Leased Premises. Tenant shallwill, at Tenant's its sole cost and expense, keep and maintain the Leasehold Improvements in the condition that existed on the date the Leased Premises was first occupied by Tenant and in good orderproperly functioning, safe, orderly and sanitary condition, will make all necessary replacements thereto, will suffer no waste or injury thereto, and will at the expiration or other termination of the Term of this Lease, surrender the same with all improvements in the same order and condition and repairin which they were on the Commencement Date, or in the condition as the Leased Premises may be improved after the Commencement Date, ordinary wear and tear and casualty damage excepted. Tenant shall repair or replace, at Tenant's cost and expense, any damage done to the Leased Premises, the Building, the Complex, or any part thereof, caused by Tenant or Tenant's agents, employees, invitees, or visitors, and restore the same to the condition it was in prior to such damage. All repairs and replacements shall be effected in compliance with all building and fire codes and casualty excepted, including: the interior surfaces of the ceilings, walls other applicable laws and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that regulations. If Tenant fails to maintain the Premises in good order, condition and repair as required under this Leasemake such repairs or replacements promptly, Landlord may, at its option, make the repairs or replacements, and Tenant shall give Tenant prior written notice pay the cost thereof including but not limited to do such acts a charge for Landlord's overhead to Landlord immediately on demand as are part of the Rent due hereunder. Any repairs required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant shall be performed only by contractor(s) designated or approved by Landlord and only upon the prior written approval of Landlord as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premiseswork to be performed and materials to be furnished in connection therewith. Further, except in Landlord's sole discretion, Landlord may perform the work to the extent that the foregoing are solely a result be done by Tenant under this paragraph with contractors of TenantLandlord's use of the Premises. choosing and Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay reimburse Landlord for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs thereof or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders direction pay such contractors directly and immediately upon demand. Failure of Landlord to strictly enforce or perform the terms hereof shall not constitute a material portion waiver of any of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leasehereof.
Appears in 1 contract
Maintenance and Repairs. (1) Except Landlord shall keep the roof, exterior walls, foundations, load bearing walls and all structural parts of the Buildings on the Premises in good repair except for matters specified under Paragraph 4 above any damages thereto caused by the negligence of Tenant, its agents, servants and Paragraph 8A(3) below as being Landlord's obligationemployees, which damages shall be promptly repaired by Tenant shall, at Tenant's sole expense. Tenant acknowledges that at the time of the execution of this Lease, the roof, exterior walls, load bearing walls and all structural parts of the Buildings on the Premises are in good repair. In the event of any leak in the roof, Tenant shall immediately report the same to Landlord. Landlord shall not be responsible for any damage resulting from unreported leaks, or leaks which occur from damage and destruction beyond the control of Landlord. Landlord, at its sole cost and expense, shall make all other repairs to the interior of the Buildings on the Premises including the floor, electrical and plumbing repairs, except damages thereto caused by the negligence of the Tenant, its agents, servants, employees and invitees, which repairs shall be made by Tenant. Tenant agrees to maintain the Premises interior of the Buildings in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to . Landlord shall maintain the Premises in good order, condition heating and repair as required under air conditioning equipment during the first Lease year and Tenant shall maintain said equipment thereafter. Upon the termination of this Lease, Tenant shall surrender the Premises and all attached improvements thereon to Landlord shall give in as good a condition as existing at the time of its initial occupancy, ordinary wear and tear excepted. If Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlorddefaults in keeping or performing its obligations hereunder, and diligently prosecute it to completion, then Landlord shall have the right, but shall not after fifteen (15) days notice (except no notice need be obligatedsent in cases of emergency), to do such acts and expend such funds at the expense of Tenant as are reasonably required to keep or perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair obligation in its behalf and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease the same shall be added to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of next rent commencing with the fourth business day that payment as the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leasebecomes due.
Appears in 1 contract
Samples: Lease Agreement (Sport Haley Inc)
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, Lessor agrees to maintain at Tenant's sole its' own cost and expenseexpense the exterior walls, maintain foundations, parking lot, roof, gutters and downspouts and external and structural elements of the Premises improvements in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair (as required under to structural soundness only) during the term of this Lease, Landlord shall give Tenant prior written notice unless damage to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use portions of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components improvements is caused by the acts or omissions of the Premises and the roof of the BuildingLessee, and if a repairits' agents, replacement customers or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principlesinvitees, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (in which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment event Lessee will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for bear the cost of such repair. Notwithstanding anything in this Lease Lessee agrees to maintain at its' own cost and expense the balance of the Leased Premises including, but not limited to the contraryinterior improvements, the exterior entrance doors and/or overhead doors and all other fixtures applicable to the Leased Premises in substantially the same condition as at the beginning of the term, excepting only reasonable wear and tear arising from the proper use thereof, and will make all necessary repairs to keep the Leased Premises in good order and condition. Lessee will keep the parking lot free and clear of trash and refuse and keep the vegetation in the front and rear of the building in a neat and orderly manner. In the event Lessor or Lessee landscapes the vegetated area in front of the property, Lessee will maintain such landscaped area thereafter. Lessee will provide and maintain vermin-proof receptacles for Lessee's own use in the event refuse is temporarily stored outside of the Leased Premises, and Lessee will be responsible for the removal of said refuse and will promptly and strictly comply with all health, sanitary or other laws, regulations and ordinances pertaining to the depositing and removal of such refuse from or about the Leased Premises. Lessee's refuse receptacle will be placed in a location designated by Lessor. Lessee will maintain, repair, and replace, when necessary, the air conditioning, plumbing, gas and electrical appurtenances and fixtures in the Leased Premises and will retain the services of an outside vendor for the purpose of monthly air conditioner filter changes. A copy of Lessee's current agreement with said filter service will be maintained with Lessor. Lessee will maintain an adequate number of two and one-half gallon soda-acid fire extinguishers, or as otherwise required, in the Leased Premises as may be reasonably required by Lessor, the Austin Fire Department, or Lessor's insurance company, covering the Leased Premises and in no event that less than one such extinguisher for the need Leased Premises. Lessor will not be liable to Lessee or any other person whomsoever for repairs injury or damage to Lessee or any other person whomsoever for injury or damage to persons or property received on or incidental to the making use of repairs (said Leased Premises. Lessee will indemnify and save harmless Lessor from and against any loss, claim, expense or both) which Landlord is obligated liability in connection therewith including Lessor's failure to effect repair. All outside window breakage, including plate glass doors and special window front equipment will be repaired by Lessee at LandlordLessee's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly unless Lessor or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes its agents cause such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leasebreakage.
Appears in 1 contract
Maintenance and Repairs. (1) Except LESSEE shall maintain the interior of said Premises in a reasonable state of repair and good order, and upon vacating said Premises it shall leave the interior in a condition at least equivalent to its present condition and state of repair, save and except for matters specified under Paragraph 4 above the consequences of reasonable wear and Paragraph 8A(3) below as being Landlord's obligation, Tenant usage. LESSOR shall, at TenantXXXXXX's sole cost and expense, maintain the building and any related structures which serve the leased Premises (other than those which are the specific responsibilities of LESSEE as provided for herein) in good ordera safe and useable condition. LESSOR shall also maintain, condition at XXXXXX’s sole cost and expense, the roof, foundation, exterior walls, mechanical equipment (i.e. air condition/heating units), electrical equipment (i.e. wiring and lighting), general plumbing, and sewer lines which serve the leased Premises. Notwithstanding the above, LESSEE shall be responsible for and make any single minor repair, ordinary wear including ballast for lights, of three hundred dollars and tear no cents ($300.00) or less, provided said minor repairs do not exceed three thousand dollars and no cents ($3,000.00) per fiscal year during the occupancy under this lease. LESSEE must notify the LESSOR of any non-emergency repair in excess of three hundred dollars and no cents ($300.00) prior to performing said repair. LESSOR shall be responsible for replacement of broken glass to windows or doors to said Premises unless damage is caused by fire XXXXXX. Plumbing and casualty excepted, including: sewer problems or glass breakage attributed to misusage by XXXXXX or determined to be the interior surfaces act of any client associated with LESSEE’s program(s) shall be the responsibility of LESSEE. All maintenance and repair services which are the responsibility of the ceilings, walls LESSOR shall be provided as shall be reasonably necessary for the comfortable use and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense occupancy of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord by LESSEE during business hours. LESSEE shall give Tenant prior written notice to do such acts as notify LESSOR where corrective actions are required to so maintain give LESSOR the Premisesopportunity to correct such actions within a reasonable time. In the event that Tenant fails cases of emergency where corrective actions are required or where there is imminent danger to commence such work within 30 days after written demand by Landlordlife or property, and diligently prosecute it to completion, then Landlord LESSEE shall have the right, but shall not be obligated, option to do make or have made such acts repairs immediately 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 invoice LESSOR for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or deduct said cost from the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leasefollowing month’s rent.
Appears in 1 contract
Samples: Lease Agreement
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 defects in the Base Building Work of which Tenant notifies Landlord in writing within one (1) Except year after the Rent Commencement Date for matters specified under Paragraph 4 above the applicable Building, (b) completion of any "punchlist" items pursuant to the provisions of Exhibit B attached hereto, and Paragraph 8A(3(c) below as being Landlord's obligationobligations under Sections 7.2, 12 and 13 of this Lease. Landlord hereby assigns to Tenant all construction warranties for the Base Building Work, on the condition that Landlord shall also have the right to enforce such construction warranties. Subject to Landlord's obligations under Sections 7.2, 12 and 13 of this Lease, from and after the Rent Commencement Date and continuing thereafter throughout the Term, Tenant shallshall be responsible to clean, maintain and repair the Premises, including providing janitorial services and disposal of trash; and to that end, commencing upon the Rent Commencement Date and continuing thereafter throughout the Term, Tenant, at Tenant's sole cost expense but under the reasonable direction of Landlord, shall repair and expensemaintain the Premises, maintain including, without limitation, the interior of the Premises, the exterior of the Buildings (including repair and maintenance of the roof membrane, and washing the exterior of the Buildings, but excluding Landlord's repair obligations contained in Section 7.2 below), the heating, ventilating and air conditioning system or systems serving the Premises, the electrical and plumbing systems serving the Premises, including the lighting and plumbing fixtures, the restrooms serving the Premises, interior stairways in the Premises, the interior and exterior glass, including caulking (but excluding structural portions of the exterior of the Buildings), plate glass skylights, 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 good ordera clean, condition safe and repairorderly condition. Prior to the Rent Commencement Date Tenant shall provide Landlord with a copy of a service contract with a licensed commercial Heating, ordinary wear Ventilating and tear Air-conditioning maintenance company (which contract and damage by fire company shall be subject to Landlord's prior approval, which approval shall not be unreasonably withheld), to maintain, on an ongoing basis (at least quarterly), the heating, ventilating and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within air-conditioning system serving 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 . If Tenant fails to maintain the Premises in good order, condition perform its maintenance and repair as required obligations under this LeaseSection 7.1, Landlord shall give Tenant prior written notice to do and such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 failure continues for thirty (30) days after written demand by Landlord, and diligently prosecute it notice from Landlord to completionTenant, 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 workmaintenance and repairs at Tenant's expense. Notwithstanding the foregoing provisions of this Section 7.1, and without in any way relieving Landlord shall have no liability of its obligations under Section 12 of this Lease, if (a) at any time during the period beginning on the first (1st) anniversary date of the Rent Commencement Date (for the applicable Building, if each Building has a separate Rent Commencement Date) and ending on the first (1st) day of the eighty-fifth (85th) full calendar month of the initial Term of this Lease, (b) it appears to Tenant for that any reasonable damage, inconvenience or interference with Tenant's use of individual repair to the Premises as a result of performing any such work.
Base Building Work costs more than Fifty Thousand Dollars (3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building$50,000.00), and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to (c) 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 not the result of Tenant's negligence and or willful misconduct, then Tenant may request Landlord to make such repair ("Tenant's Base Building Repair Request"). Upon receipt of Tenant's Base Building Repair Request, Landlord shall request three (3) qualified contractors selected by Landlord to give cost is not covered by insurance proceeds, Tenant will pay estimates for the repair described in Tenant's Base Building Repair Request. If the lowest estimate from such three (3) contractors for the cost of the repairs described in Tenant's Base Building Repair Request exceeds Fifty Thousand Dollars ($50,000.00), then Landlord shall cause such repair. Notwithstanding anything in this Lease repairs ("Landlord's Base Building Repair for Tenant") to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated Base Building Work to effect be made at Landlord's expense renders a material portion expense. The costs of the Premises unusable Landlord's Base Building Repair for more than three consecutive business days, then Tenant shall be entitled to an abatement amortized straight-line over its useful life, as reasonably determined by Landlord, and be included in Operating Costs in the calendar year in which the repair is made and in each calendar year thereafter during the Term, including any Extension Period (as defined in Section 41 of rent commencing with the fourth business day that the same are unusablethis Lease); provided, however, that Tenant such amortized costs shall not be entitled included in determining Fair Market Base Rental applicable to a pro rata abatement of rent under any Extension Period. Notwithstanding 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 Section 7.1, and without in any way relieving Landlord of its obligations under Section 12 of this Lease., if (a) less than five (5) years remain in the Term of this Lease, (b) it appears to Tenant that any individual repair which is
Appears in 1 contract
Samples: Lease Agreement (3do Co)
Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant otherwise provided in this Lease. Lessee shall, at Tenant's sole cost and all tips during the term, at its own expense, put and maintain in thorough repair and in the Premises same or better condition than when received and in good order, condition and repaira safe condition, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces premises and its fixtures and equipment and appurtenances whether or not necessitated by wear, trar, obsolescence or defects, latent or otherwise_ Except as otherwise expressly provided on this Lease. Lessee shall replace at its sole cost, any pan of the ceilings, walls building requiring replacement. Lessee shall be responsible for repair and floors; all doors replacement of any glass brealatge. Lessee shall be responsible for maintaining one half of the landscaped area and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; keeping in proper repair all landscaping, parking lotsgrounds, fences sprinkler system, and signs located within the Premisespaving. Lessee responsible for all snow removal in there leased Area.
(2b) In Lessee shall not accumulate nor permit the event accumulation of dirt, materials or substances that Tenant fails to maintain would render the Premises premises unsanitary, unhealthy, unsightly or dangerous. Lessee shall be responsible for janitorial services for the premises.
(c) On default of the Lessee in good ordermaking such maintenance, condition and repair repairs or replacements as required under this Leaseherein, Landlord shall give Tenant prior written and after thirty (30) days notice to do such acts as are required to so maintain Lessee (except in the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord case of emergency no notice shall have the rightbe necessary) Lessor may, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform make such work. Landlord maintenance, repairs and replacements for Lessee's account, and the reasonable expense thereof shall have no liability to Tenant for any reasonable damageconstitute and be collectable as additional rent, inconvenience or interference with Tenant's use due and payable on the first day of the Premises as a result of performing any such workmonth next following the month in which the work is performed.
(3d) Landlord will maintainIt is expressly understood and agreed that all improvements and additions to the premises other than Lessee's trade fixtures and personal properly, repair and replace all structural components shall become the property of the Premises and Lessor at the roof termination of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other changethis lease. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant Except as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything otherwise provided in this Lease to Lease, at the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions termination of this Lease., the premises will be left in good condition, subject to reasonable wear and tear
Appears in 1 contract
Samples: Lease Agreement (nCoat, Inc.)
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at shall repair any damage to the premises caused by the Tenant or by any of Tenant's sole cost employees, agents, customers, invitees or licensees, other than from ordinary wear and expense, tear. Tenant shall maintain the Premises interior of the premises and all doors, windows, heating, cooling, plumbing, alarm systems, sewer and mechanical equipment and plate glass. Tenant shall maintain a maintenance agreement for the mechanical HVAC equipment, Landlord to pay for all major HVAC replacement. Tenant is responsible for changing air conditioning and heat filters. Tenant is responsible for all plumbing within the leased premises. Tenant shall be responsible for clogged lines due to all matters other than stoppage by roots or collapse of lines due to age or deterioration of line. Landlord agrees, whenever possible, to extend to Tenant the benefit of any enforceable manufacturers' warranties on such equipment. If Tenant refuses or neglects to make repairs and/or refuses to maintain the premises or any part thereof in good ordera manner reasonably satisfactory to Landlord, Landlord shall have the right, upon giving Tenant reasonable written notice of his election to do so, to make such repairs or perform such maintenance on behalf of and for the account of the Tenant. In such event, such work shall be paid for by Tenant promptly upon receipt of a xxxx therefor. Landlord shall not in any way be liable to tenant for failure to make repairs as herein specifically require unless Tenant has previously notified Landlord in writing of the need for such repairs and Landlord has failed to commence and complete said repairs within a reasonable period of time following receipt of such notification. Tenant is to maintain the leased property in a clean and healthy condition and good and substantial repair, ordinary wear and tear excepted and damage by fire and casualty excepted, including: shall be responsible for all glass breakage in the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by windows or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such workdoors. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such workprovide lawn and shrubbery maintenance.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.
Appears in 1 contract
Samples: Lease Agreement
Maintenance and Repairs. (Section 1) Except for matters specified under Paragraph 4 above . Landlord shall, at its own expense, make all necessary repairs to the roof, outer walls, footings and Paragraph 8A(3) below as being Landlord's obligation, foundation of the premises which repairs are occasioned by structural defects. Tenant shall, at Tenant's sole cost and its expense, maintain take care of the Premises demised premises both inside and out and keep the same and all parts thereof, by way of illustration, but not limitation, the roof and four outer walls, together with any and all alterations, additions and improvements therein or thereto, in good orderorder and condition, condition suffering no waste or injury, and repairshall promptly make all needed repairs and replacements, ordinary wear in and tear to any building or structure or equipment now or hereafter erected upon the demised premises, including vaults, sidewalks, water, sewer and damage by fire gas connections, pipes and casualty exceptedmains, including: and all other fixtures, machinery and equipment now or hereafter belonging to or connected with said premises or used in their operation. All such repairs and replacements shall be of first class quality sufficient for the interior surfaces proper maintenance and operation of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that demised premises. The Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not allow the accumulation of waste or refuse matter, not permit anything to be obligated, done upon the demised premises which would invalidate or prevent the procurement of any insurance policies which may at any time be required pursuant to do such acts the provisions of Article IV hereof. The Tenant shall not obstruct or permit the obstruction of the street or sidewalk and expend such funds at shall keep the expense sidewalk and curb adjoining the demised premises clean and free of Tenant as are reasonably required to perform such worksnow and ice. Landlord shall have no liability be responsible for the repair and maintenance of the parking lot, landscaping and security related to the parking areas. Tenant agrees to pay Landlord Tenant's proportionate share of all costs and expenses of every kind and nature paid or incurred by Landlord pursuant to Article IX, Section 1. Tenant's proportionate share for the purposes of this Article shall be 51.24%. In addition, Tenant shall be fully responsible for any reasonable damagerepairs, inconvenience at its expense, caused by its negligence, abuse, use or interference with Tenant's use occupancy of the Premises as a result of performing any such work.
(3demised premises or building(s) Landlord will maintaincomprising the demised premises. Notwithstanding anything in this Article IX, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement Section 1 to the Premises under generally accepted accounting principlescontrary, then it shall be Landlord's responsibility during the entire lease term, if Tenant is required to promptly make and pay for such repairreplace a major capital component to the leased premises, replacement, alteration or other change. The the cost of any such capital improvement replacement shall be amortized over the useful replacement's ten year life of such item expectancy and Tenant agrees shall be required to pay its percentage proportionate share (for such replacement based upon the remaining term or, the Lease during which Tenant continues to occupy the leased premises.
Section 2. The Tenant shall be determined by dividing the square footage at its own expense under penalty of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to forfeiture and damages promptly comply with all applicable lawful laws, ordinancesorders, regulations or ordinances of all municipal, County and rules State authorities affecting the premises hereby leased and the cleanliness, safety, occupation and use of same.
Section 3. The Landlord shall have the right to enter upon the leased premises at all reasonable hours after two (2) business days notice (except in the case of emergency) for the purpose of inspecting the same. If the Landlord deems any public authority relating repairs necessary, he may demand that the Tenant make the same and if the Tenant refuses or neglects forthwith to commence such repairs and complete the same with reasonable dispatch, the Landlord may make or cause to be made such repairs and shall not be responsible to the PremisesTenant for any loss or damage that may accrue to its stock or business by reason thereof, except and if the Landlord makes or causes to be made such repairs, the Tenant agrees that it will forthwith on demand pay to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for Landlord the cost thereof with interest at fifteen (15%) percent per annum, and if it shall make default in such payment, the Landlord shall have the remedies provided in Paragraph 6 hereof.
Section 4. The Landlord reserves the right of such repair. Notwithstanding anything in this Lease free access at all times to the contrary, in the event that the need for repairs or the making roof of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that said leased premises. The Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by erect any act or omission of Tenant structures for storage or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusabilityaerial, or (iii) where use the repair roof for any purpose without the consent in question is one which Tenant is obligated to furnish under writing of the provisions of this LeaseLandlord.
Appears in 1 contract
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above 5.1 Landlord covenants and Paragraph 8A(3) below as being Landlord's obligationagrees that on the Commencement Date, Tenant shallthe Building interior will be reasonably clean, at Tenant's sole cost and expense, maintain the Premises Building service systems will be in good orderelectrical, condition mechanical and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premisesoperating condition.
(2) In 5.2 During the event that Term of this Lease Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any take reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components care of the Premises and the roof of the Building, Landlord's fixtures and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement appurtenances therein and thereon and shall perform all maintenance and make all repairs and replacements to the Premises under generally accepted accounting principles, then it not specifically imposed upon Landlord by the express provisions hereof. All repairs and replacements made by Tenant shall be equal in quality to that in place on the Commencement Date.
5.3 Landlord's responsibility obligations under this Article shall consist of making all structural repairs, replacements and alterations (but excluding general maintenance and repairs of a non-structural nature) to promptly make the exterior and pay for such repairbearing walls of the Building and support beams, replacementand columns and lateral support thereto, alteration and to perform all repairs and restoration required by Article X. Landlord's obligations do not include, without limitation, repairs to or other change. The cost maintenance or replacement of any such capital improvement shall be amortized over plumbing or sewer lines, or the useful life repair or replacement of such item the roof membrane and Tenant agrees to pay its percentage share (deck, the HVAC systems or the primary distribution electrical service equuipment, all of which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to responsibility at Tenant's use expense during the Term of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contraryor any extension thereof, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall only be liable for any such repairs, maintenance or replacement during the Term and Landlord shall reimburse Tenant to the extent that the useful life of any such repairs, maintenance or replacement exceed the Term.
5.4 Landlord reserves the right to stop any service or utility system, when necessary by reason of accident or emergency, or until necessary repairs have been completed; provided, however, that in each instance of stoppage, Landlord shall exercise reasonable diligence to eliminate the cause thereof. Except in case of emergency repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Landlord shall not be liable to Tenant for any compensation or reduction of rent by reason of inconvenience or annoyance or for loss of business arising from the necessity of Landlord or its agents entering the Premises for any of the purposes in this Lease authorized, or for repairing the Premises or any portion of the Building however the necessity may occur. In case Landlord is prevented or delayed from making any repairs, alterations or improvements, or furnishing any services or performing any other covenant or duty to be performed on Landlord's part, by reason of any cause reasonably beyond Landlord's control, Landlord shall not be liable to Tenant therefor, nor, except as expressly otherwise provided in Section 10.1, shall Tenant be entitled to a pro rata any abatement or reduction of rent under by reason thereof, nor shall the foregoing due same give rise to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of a claim in Tenant's servantsfavor that such failure constitutes actual or constructive, employeestotal or partial, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where eviction from the repair in question is one which Tenant is obligated to furnish under the provisions of this LeasePremises.
Appears in 1 contract
Samples: Lease Agreement (Standish Care Co)
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant Lessee shall, during the term of this Lease and any extension thereof, at TenantXxxxxx's sole cost and expense, maintain keep the interior of the Leased Premises in as good orderorder and repair as it is at the time of the commencement of this Lease, condition and repair, ordinary reasonable wear and tear excepted. Xxxxxx agrees to perform and damage by fire and casualty excepted, including: the interior surfaces pay for all of the ceilingsmaintenance of the Mill building, walls both inside and floorsoutside. This includes repair, replacement and preventive maintenance of structural and non-structural components; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbingmechanical, electrical, heating, ventilatingcentral cooling, electrical hot water and plumbing equipment and systems; of elevator; fire detection and suppression systems; of fixtures, historical and decorative features and finishes; of roof, floors, walls, ceilings, and other parts of the leased premises damaged or worn through normal occupancy; and of structures attached to the Mill such as staircases, railings and sidewalks. Lessee also shall repair damage caused by abuse, negligence, neglect or excessive wear and tear. City shall perform at its expense snow and ice removal for exterior walkways and stairs; grass cutting and turf maintenance. Xxxxxx acknowledges the serious risk to the historic Mill and occupants from fire. Therefore, Xxxxxx agrees that fire safety and prevention shall always be a paramount concern in Xxxxxx’s maintenance, repairs, occupancy and use of the premises. Lessee shall comply with City ordinance and adopted Building and International Fire Code requirements, and directives by the Fire Commissioner, on fire safety and prevention measures, also including number and placement of emergency lighting facilities devices, the number, location and fixtures; all landscapingtimely replacement of fire extinguishers, parking lotsnumber and location of smoke detectors, fences required and signs located within regular maintenance of sprinkler systems and maximum occupancy limits. The Bethlehem Fire Inspection Department will perform yearly inspections to assure compliance. Non-compliance with City ordinance and Code requirements and directives by the Premises.
(2) In the Fire Commissioner on fire safety and prevention measures shall be an event that Tenant fails to maintain the Premises in good order, condition and repair as required of default under this Lease. Portable generators, Landlord kerosene heaters, heating devices and fuel are prohibited for inside use and storage. Lessee shall give Tenant prior written notice keep the premises clean and free of accumulated trash. Lessee shall pay for trash receptacles and for hauling service supplied by City. Lessee shall make every effort to do such acts as are required to so maintain the Premisesreduce its solid waste stream through recycling practices. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but Lessee shall not be obligatedmake changes or improvements to grounds in Monocracy Park other the leased premises without prior authorization by the Director of Parks and Public Property. At the expiration of the term of this Lease and any extension thereof, to do such acts and expend such funds Lessee shall surrender the Leased Premises in as good condition as it was at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any commencement hereof, reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises wear and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building damages by the square footage elements excepted. Lessee’s obligations under this Article constitute part of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of its rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent obligations under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.
Appears in 1 contract
Samples: Sublease Agreement
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shallConcessionaire agrees, at Tenant's its sole cost and expense, maintain the Premises to maintain, in good order, condition appearance and repair, ordinary wear and tear in a safe, first class condition, and damage by fire and casualty excepted, including: make necessary repairs to the interior of all of its assigned premises, the fixtures and equipment therein and appurtenances thereto including, without limitation, windows, doors and entrances, storefronts, signs, floor coverings, interior walls and ceiling, the surfaces of the ceilingsinterior columns exclusive of structural deficiencies, walls any columns erected by Concessionaire, partitions, and floors; all doors and interior windows; furnishings installed lighting within the Premises; assigned premises. Concessionaire agrees to keep and maintain in good condition the electrical equipment and the plumbing fixtures located at or in the premises. Concessionaire will cause all equipment cooking area exhaust systems, ducts, and grease traps to be inspected monthly by an independent outside contractor, and cleaned as necessary as determined by those inspections in order to avoid grease build-up and fire hazard. This includes grease removal systems installed by Concessionaire or at already existing in connection with the expense of Tenant; and all plumbingLeased Premises, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs whether located within the Premises.
(2) In Leased Premises or elsewhere in the event that Tenant fails Airport. Concessionaire will furnish the Authority’s Airport Maintenance Department with written results of each such inspection. All maintenance, repairs, finishing, and replacements done by Concessionaire or on its behalf shall be of first-class quality in both materials and workmanship, of equal quality to maintain or better than the Premises original, and done in good orderconformity with all applicable laws. All work, condition when completed, must be free and repair clear of all claims or liens on account of unpaid labor, services, or materials. If Concessionaire does not perform, or commence and remain diligently executing, such maintenance 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 receipt of written demand by Landlordnotice from Authority of noncompliance with this Section, and diligently prosecute it to completion, then Landlord Authority or its contractors 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. 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 enter upon the Premises and perform the roof maintenance, and Concessionaire agrees to promptly reimburse Authority for the actual cost thereof, plus a markup equal to 15 percent (15%) for administrative overhead. Any hazardous or potentially hazardous condition on the Leased Premises shall be corrected immediately upon receipt of verbal or written notice from Authority. At the sole discretion of Authority, Concessionaire shall close the Leased Premises or affected portion thereof until the hazardous or potentially hazardous condition is corrected. Authority shall provide structural maintenance of the Building, terminal buildings. Maintenance of all interior and if a repair, replacement exterior walls constructed or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it remodeled by Concessionaire 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 LeaseConcessionaire’s responsibility.
Appears in 1 contract
Maintenance and Repairs. (1) Except After initial acceptance of the Demised Premises by Xxxxxx, 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 Xxxxxx 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 000 Xxxxxxxx Xxxxx, Xxxx Xxxxxxxxxx, XX Attn: Xxxxxxxx Xxxxxxx, 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 Xxxxxx's own account. Notwithstanding anything in this Lease Any and all necessary alterations and redecorating shall be made at Xxxxxx’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. Xxxxxx 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 Xxxxxx hereby accepts them in their present “as is” condition. Xxxxxx 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
Samples: Lease Agreement
Maintenance and Repairs. 8.1 Landlord shall keep, maintain, repair and replace as appropriate, the foundation, roof, exterior walls, structural portions (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 including columns within the Premises and the vertical sprinkler loop through the Building), and exterior glass and windows of the Building (specifically excluding the interior walls, doors, partitions, locks, and door jambs in the Premises), as well as all mechanical, plumbing, heating, air conditioning, sprinkler and electrical systems and utility service lines therein, the plumbing system to and from the Premises and core area restrooms within the Premises, and the driveways, parking areas and grounds adjacent to the Building in good order, condition and repair, and the costs incurred by Landlord in maintaining and repairing such items shall be included in Expenses (unless the cost or expense of any such repair or maintenance is excluded from Expenses under Section 4.2(a) above).
8.2 Tenant will keep and maintain the Premises and all fixtures and equipment located in the Premises (specifically including the interior walls, doors, partitions, locks, door jambs, windows and glass in the Premises, but excluding those portions of the Premises to be maintained by Landlord pursuant to Section 8.1 above) in clean, safe and sanitary condition, will take good care thereof and will maintain and make all required repairs thereto, and will suffer no waste or injury thereto. If Tenant so requests by written notice to Landlord, Landlord shall make any repairs and perform any maintenance that are otherwise Tenant's obligations under this Section 8.2, and the costs of providing such services shall be included in Operating Expenses and payable by Tenant pursuant to Article IV hereof; provided that, whether Tenant is the sole tenant of the Building or the Building is multi-tenanted, Tenant shall be responsible for one hundred percent (100%) of such costs. In addition, Tenant shall have the right, but not the obligation, to effect minor repairs and routine maintenance to the Premises (and, for so long as Tenant is the sole tenant in the Building, the grounds adjacent to the Building) provided that (i) Landlord shall be given reasonable prior notice thereof (except in the case of emergency); (ii) once commenced, such maintenance and repair work shall be completed promptly and in accordance with standards for a Class A suburban office building; (iii) such repair or maintenance will not jeopardize compliance with the Viable Building Standards; and (iv) Tenant shall not be entitled to make structural repairs or repairs or maintenance that has a material effect on any of the base building systems, except as permitted pursuant to Section 14.6 hereof. At the expiration or other termination of the Lease Term, Tenant shall surrender the Premises, broom clean, in substantially the same order and con- dition which they are in on the Lease Commencement Date, as altered by any improvements (as defined in Section 9.2 hereof) made in accordance with Article IX hereof that Tenant is not obligated to remove pursuant to Section 9.4 hereof, ordinary wear and tear tear, damage by the elements, and casualty damage excepted.
8.3 Subject to the provisions of Section 12.4(b) below, all injury, breakage and damage by fire and casualty excepted, including: to the interior surfaces Premises or to any other part of the ceilingsBuilding caused by any negligent act or omission or willful misconduct of Tenant, walls or of any agent, employee, subtenant, contractor, customer or invitee of Tenant, shall be repaired by and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the sole expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event except that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligatedat its option, after Tenant's failure to cure (or commence to cure, where applicable) within five (5) business days after notice to Tenant of such injury, breakage or damage, to do make such acts repairs and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to charge Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises all costs and expenses incurred in connection therewith 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 changeadditional rent hereunder. The cost of any such capital improvement shall be amortized over the useful life of such item foregoing notwithstanding, should an emergency or similar situation occur and Tenant agrees delay would cause or is likely 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 improvementcause preventable injury to persons or material injury to property, 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 may elect 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 act without notice 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
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above Tenant acknowledges that the premises have been inspected and Paragraph 8A(3) below is fully satisfied and accepts it in its “as being Landlord's obligationis” condition, except as otherwise indicated herein. Tenant shallshall at his own expense, and at Tenant's sole cost and expenseall times, maintain the Premises premises in a clean and sanitary manner including all equipment, appliances, furniture and furnishings therein and shall surrender the same at termination hereof, in as good ordercondition as received, condition and repair, ordinary normal wear and tear excepted. Once notice is given to vacate, Xxxxxx agrees to keep the premises in “show condition”. “Show condition” means as clean, orderly and damage by fire undamaged as when received. Upon vacating, Tenant shall deliver premises vacant and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premisesclean. In the event the premises are returned in condition poor enough to prevent Landlord from re-renting to a qualified new tenant, Tenant shall be responsible for rent lost as well as the cost of restoration of the rental to the condition it was at the commencement of this lease. Tenant shall be responsible for damages caused by his negligence and that of his family, invitees or guests. > PAINT Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligatedpaint, to do such acts and expend such funds at paper or otherwise redecorate without the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use prior written consent of the Premises Landlord. All paints, materials and work plans must be approved in writing by Landlord or his authorized agent. Tenant shall be responsible for paint spills/clean-ups or damages as a result of performing any paint related work. Tenant is responsible for minor repairs such work.
(3) Landlord will maintainas light switches, repair and replace all structural components of the Premises and the roof of the Buildingreplacing light bulbs, and if a repairdoorknobs, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principlesbroken windows, then it leaking faucets, minor toilet problems, etc. Repairs resulting less than $250.00 shall be Landlorddeemed minor repairs. Should Tenant neglect maintenance responsibilities, Landlord or agent may assume them on Xxxxxx's responsibility to promptly make behalf and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement expenses incurred by Landlord in connection therewith shall be amortized over the useful life of such item and Tenant agrees additional rent (added rent), payable to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leaseon demand.
Appears in 1 contract
Samples: Lease Agreement
Maintenance and Repairs. (1a) Except for matters specified Landlord shall Maintain the: (i) Building footings, foundations, structural steel columns and girders at Landlord’s sole expense; (ii) Building roof and exterior walls; (iii) Building Systems; and (iv) Common Areas. Costs incurred by Landlord under Paragraph 4 above the foregoing subsections (ii), (iii) and Paragraph 8A(3(iv) below as being will be included in Operating Expenses, provided that to the extent any heating, ventilation and air conditioning system or other Building System, equipment or fixture exclusively serves the Premises, Landlord may elect either to Maintain the same at Tenant’s sole expense and bill Tenant directly or by notice to Tenant require Tenant to Maintain the same at Tenant’s expense. If Xxxxxx becomes aware of any condition that is Landlord's obligation’s responsibility to repair, Tenant shall, at Tenant's sole cost and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces shall promptly notify Landlord of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premisescondition.
(2b) In Except as provided in subsection (a) above, Tenant at its sole expense shall Maintain the event that Tenant fails to maintain interior, non-structural portions of the Premises Premises, including, but not limited to, all lighting, plumbing fixtures, walls, partitions, dock doors, loading areas, floors, doors, windows, fixtures and equipment in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In All repairs and replacements by Tenant shall utilize materials and equipment which are comparable to those originally used in constructing the event that Tenant fails to commence such work within 30 days after written demand by LandlordBuilding and Premises. Alterations, repairs and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement replacements to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvementProperty, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result made necessary because of Tenant's ’s Alterations or installations, any use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely or circumstances special or particular to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or its Agents shall be made by Landlord or Tenant as set forth above, but at the sole expense of Tenant to the extent not covered by any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated applicable insurance proceeds paid to furnish under the provisions of this LeaseLandlord.
Appears in 1 contract
Samples: Lease Agreement (Penumbra Inc)
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant Lessee shall, at Tenant's sole cost and its own expense, maintain during the Term, (i) keep the Leased Premises in good orderorder and condition, condition and repair, ordinary reasonable wear and tear and damage by fire and casualty excepted, including: (ii) make all repairs and do all acts of maintenance becoming necessary during the interior surfaces Term in, upon or about the Leased Premises, (iii) replace all worn out and broken parts of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilatinginterior plumbing and electrical systems and equipment as well as the air conditioning and sprinkler systems and equipment, electrical and lighting facilities (iv) install adequate air conditioning and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premisesheating equipment suitable for Lessee’s own purposes. In the event that Tenant fails after ten (10) days’ written notice from Lessor to keep the Leased Premises in good state of condition and repair, or to commence such work within 30 days after written demand by Landlordrequired repairs, or to do any act or make any payment or perform any term or covenant on Tenant’s part required under this Lease or otherwise fails to comply herewith, Lessor may (at its option, but without being required to do so) immediately or at any time thereafter perform the same for the account of Tenant (including entering the Leased Premises at all reasonable hours to make repairs and do any act or make any payment which Tenant has failed to do), and diligently prosecute it if Lessor makes any expenditures or incurs any obligations for the payment of money in connection therewith, such sums paid or obligations incurred shall be deemed to completionbe additional rent hereunder, then Landlord and shall have be paid by Tenant to Lessor within five (5) days of receipt of any bill or statement provided by Lessor to Tenant therefor. All rights given to Lessor in this Section shall be in addition to any other right or remedy of Lessor herein contained. Outdoor Spaces: Lessee shall be permitted to use the right, but paved designated parking area for passenger vehicle parking only and shall keep all driveways free of obstruction. Storage of materials in parking lots or surrounding land shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such workpermitted.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Lendway, Inc.)
Maintenance and Repairs. (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
Maintenance and Repairs. (1) Except 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 matters specified under Paragraph 4 above all damage or injury to the demised premises or any other part of the building and Paragraph 8A(3) below as being Landlordthe systems and equipment thereof, whether requiring structural or nonstructural repairs caused by, or resulting from, carelessness, willful omission, neglect or improper conduct of Tenant, Tenant's obligationsubtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for, or supplied to, Tenant shallor 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 three (3) licensed 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 the demised premises, and floors; all doors the public portions of the building interior and interior windows; furnishings installed within the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises up to the point of connection to the Demised Premises; all equipment installed , unless any repairs are necessitated by Tenant, or its agents, contractors or employees negligence or willful misconduct, in which event, the cost of same shall be at the expense of Tenant; ’s expense. In addition, Owner shall maintain in good working order and all plumbing, heating, ventilatingrepair the radiators, electrical conduit and risers, lighting facilities fixtures, water columns and pipes, and windows (excluding any window fixtures; all landscaping, parking lots, fences and signs ) located within the Premises.
(2) In demised premises, unless any repairs are necessitated by Tenant, or its agents, contractors or employees negligence or willful misconduct, in which event, the event that cost of same shall be at the Tenant’s expense. Tenant fails agrees to maintain give prompt notice of any defective condition in the Premises demised premises for which Owner may be responsible hereunder. Except as expressly provided otherwise 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 portion of the building or the demised premises, or in and to the fixtures, appurtenances or equipment thereof. Owner shall, while completing any work to be performed by or on behalf of Owner, use commercially reasonable damage, inconvenience or efforts to minimize interference with Tenant's ’s use and occupancy of the Premises as a result of performing demised premises (or any portion thereof); and Owner shall promptly repair any damage to the demised premises (or any portion thereof) that results from 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 changework performed by Owner. 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 It 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, 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 LeaseArticle 4 shall not apply in the case of fire or other casualty, which are dealt with in Article 9 hereof.
Appears in 1 contract
Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole its own cost and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair and replace as required under this Leasenecessary the interior of the Demised Premises, Landlord shall give Tenant prior written notice including but not limited to do such acts as the heating, air conditioning and ventilation systems, glass, windows and doors, sprinkler, all plumbing and sewage systems (excluding any pipes or lines located beneath the floor slab which are required to so maintain used in common with other tenants of the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by LandlordBuilding), fixtures, interior walls, floors (including floor slabs), dock areas, dock ramps, ceilings, storefronts, plate glass, skylights, all electrical facilities and equipment including, without limitation, lighting fixtures, lamps, fans and any exhaust equipment and systems, electrical motors, and diligently prosecute it all other appliances and equipment (including, without limitation, dock levelers, dock shelters, dock seals and dock lighting) of every kind and nature located in, upon or about the Demised Premises, except as to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintainmaintenance, repair and replace all structural components replacement as is the obligation of Landlord pursuant to Section 10(b). During the Term, Tenant shall either (i) maintain qualified staff reasonably acceptable to Landlord to perform maintenance of the Premises heating, ventilation and air conditioning systems, as reasonably evidenced to Landlord from time to time upon Landlord’s request, or (ii) maintain in full force and effect a service contract for the roof maintenance of the Buildingheating, ventilation and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement air conditioning systems with an entity reasonably acceptable to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; Landlord; provided, however, that during the one year period following the Lease Commencement Date, such service contract shall be maintained with the contractor that installed the heating, ventilation and air conditioning systems and shall provide for at least two preventive maintenance service calls during such one year period. If Tenant is required to or elects to maintain the service contracts in accordance with part (ii) of the foregoing sentence, Tenant shall deliver to Landlord (x) a copy of said service contract prior to the Lease Commencement Date, and (y) thereafter, a copy of a renewal or substitute service contract within thirty (30) days prior to the expiration of the existing service contract. Tenant’s obligation shall exclude any maintenance, repair and replacement required because of the act, gross negligence or willful misconduct of Landlord, its employees, contractors or agents, which shall be the responsibility of Landlord.
(b) Landlord shall, at its own cost and expense, maintain in good condition and repair the foundation (beneath the floor slab), structural frame, external walls (exclusive of painting and caulking of the Building, the cost of which will be included in Operating Expenses) and roof of the Building (but any patches to the roof membrane not covered by warranty will be entitled included in Operating Expenses). Landlord shall also be responsible for any repairs to the floor slab (but not the maintenance thereof) required because of latent defects in the floor slab, defects resulting from inferior workmanship in the construction of the floor slab, or defects resulting from a pro rata abatement failure to construct the floor slab in accordance with the applicable plans and specifications therefor or the laws and regulations applicable thereto. Landlord’s obligation shall exclude the cost of rent under any maintenance or repair required because of the foregoing due to unusability (i) caused directly gross negligence, improper use or indirectly by any act or omission willful misconduct of Tenant or any of Tenant's servants’s subsidiaries or affiliates, employees, or any of Tenant’s or such subsidiaries’ or affiliates’ agents, contractors, visitors employees, licensees or licenseesinvitees (collectively, (ii“Tenant’s Affiliates”), the cost of which shall be the responsibility of Tenant. Landlord shall never have any obligation to repair, maintain or replace, pursuant to this subsection 10(b) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions any other provision of this Lease, any Tenant’s Change (as defined in Section 18 hereof). In addition to the foregoing, Landlord will maintain the fire pump and sprinklers and perform inspections and testing in accordance with the guidelines outlined in NFPA No. 25 “Inspection of Water Based Fire Suppression Systems.”
(c) Unless the same is caused solely by the negligent action or inaction of Landlord, its employees or agents, and is not covered by the insurance required to be carried by Tenant pursuant to the terms of this Lease, Landlord shall not be liable to Tenant or to any other person for any damage occasioned by failure in any utility system or by the bursting or leaking of any vessel or pipe in or about the Demised Premises, or for any damage occasioned by water coming into the Demised Premises or arising from the acts or neglects of occupants of adjacent property or the public.
Appears in 1 contract
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, maintain the Premises in good order, condition and repair. Landlord shall repair and maintain the structural portions of the Building, including the basic 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 any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Further, the repair and maintenance of any auxiliary or supplementary heating, venting or air-conditioning units or equipment, plumbing fixtures, serving only the Premises shall be the Tenant's responsibility. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance agreed to herein 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. There shall be no abatement of Rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building, the Premises, or the Common Areas or in or to fixtures, appurtenances and equipment therein. Except as specifically provided in this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Building, the Premises or the Common Areas except as specifically herein set forth. Except as provided herein, Tenant shall repair and maintain the interior and interior surfaces of the Premises (including the walls, ceilings, floor coverings, and windows and doors adjoining, or used exclusively in connection with, the Premises) in good, clean condition, ordinary wear and tear and damage caused by fire and casualty Landlord 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 upon the expiration or sooner termination 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 hereof surrender the Premises to the contraryLandlord in good condition, 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 Leaseordinary wear and tear excepted.
Appears in 1 contract
Samples: Lease Agreement (Lynch Corp)
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
Samples: Lease Agreement (Boston Gear LLC)
Maintenance and Repairs. (1a) Except for matters specified under Paragraph 4 above as provided in Section 9(b) below, Landlord shall maintain the Building, the Common Areas, the Building Systems and Paragraph 8A(3) below as being any other improvements owned by Landlord located on the Property in accordance with buildings of similar size, age and class in Southeastern Pennsylvania; provided, however, that if any such repairs result from the act, fault or negligence of Tenant (other than ordinary wear and tear), such repairs will be made by Landlord at Tenant’s expense. If Txxxxx becomes aware of any condition that is Landlord's obligation’s responsibility to repair, Tenant shallshall promptly notify Landlord of the condition.
(b) Tenant will, at Tenant's its sole cost and expense, maintain the Premises and all of its fixtures, systems, equipment and improvements, in good orderclean, safe, orderly and sanitary condition free of accumulation of dirt and repairrubbish. Tenant will not permit or suffer any overloading of the floors of the Premises and will not do or suffer any waste or injury with respect thereto: In case of any destruction or damage of any kind whatsoever to the Premises, ordinary wear and tear and damage by fire and casualty exceptedor any part thereof, including: , without limitation, any glass and the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by Tenant property in or at the expense of Premises, Tenant shall repair said damage or destruction as speedily as possible, at Txxxxx’s own cost and expense. At Tenant; ’s sole cost and all plumbingexpense, heating, ventilatingLandlord will (a) repair HVAC, electrical or plumbing system(s) (“Tenant System”) which service the Demised Premises and which are specifically installed therein above the base building standard, and (b) furnish for Landlord’s installation, and pay Landlord for its installation of, bulbs, starters and ballasts for lighting facilities and fixtures; all landscaping. When used in this Section 9(b), parking lotsthe term “repair(s)” includes replacement(s), fences and signs located within the Premisesrestoration(s), addition(s), improvement(s), alteration(s) and/or renewal(s) when necessary.
(2c) Notwithstanding anything to the contrary in this Lease, in the event of an emergency that constitutes an imminent danger to persons or property or materially interferes with Tenant’s business operations and which requires emergency repairs to the Premises or the Property which are Landlord’s responsibility under this Lease, Tenant shall, prior to making repairs, use diligent efforts to contact Landlord or any Building manager who Tenant has been notified to contact in the event of an emergency. In the event that Tenant is unable to contact Landlord or such Building manager or in the event Tenant is able to contact Landlord or such Building manager and Landlord fails to maintain commence such repairs within a reasonable time under the circumstances, Tenant shall have the right, but not the obligation, to take whatever action is reasonably necessary under the circumstances to repair any portion or component of the Premises or Property. Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in good orderthe Building, condition and repair as required all work done in accordance herewith must be performed at a reasonable and competitive cost and expense (taking into account the circumstances of the emergency). To the extent such work performed by Txxxxx is Lxxxxxxx’s responsibility under this Lease, Landlord shall give reimburse Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to within 30 days of receipt of a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leasereasonably documented invoice therefor.
Appears in 1 contract
Samples: Lease Agreement (Savara Inc)
Maintenance and Repairs. (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, Xxxxxxxx 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, Xxxxxxxx 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 Xxxxxxxx, 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. Xxxxxxxx’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
Samples: 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 the building roof of the building HVAC, hot water heater and floors; all doors mechanical system(s), the 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.
(2Tenant(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 Premiseslease rate. 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 of 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 maintain, repair Main Street façade and replace all structural components bi-weekly cleaning 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 common area bathroom(s) & kitchenette. Tenant 1 shall be Landlord's responsibility to promptly make responsible for ground floor elevation snow removal, watering and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over maintaining 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 landscaped area within Main Street associated with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leaseleased premises.
Appears in 1 contract
Samples: Lease Agreement
Maintenance and Repairs. (1) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligation, Tenant shall, at Tenant's sole cost and expense, Lessor shall maintain the Premises structural elements of the property in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Leaseduring the term. The term "structural elements" shall mean the exterior building roof, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlordexterior building walls, structural supports, foundation, plumbing, and diligently prosecute it existing utility access lines to completionthe property. Lessor shall replace or repair all defective fixtures which would impede or otherwise impair the normal operation of the heating, then Landlord shall have cooling and ventilation systems, electrical systems and interior lighting systems for the right, but property. Lessor shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant liable for any reasonable damagedamages to Lessee or the property of Lessee resulting for Lessors failure to make any repairs required by this section unless written notice of the need for such repairs has been given to Lessor by Lessee and Lessor has failed for a period of forty-five day after receipt of the notice to make the needed repairs, inconvenience unless Lessor is prevented from making such repairs by causes not the fault of the Lessor. Notwithstanding anything to the contrary in this section, Lessee shall promptly reimburse Lessor for the full cost of any repairs made pursuant to the section required because of the negligence or interference with Tenant's other fault, other than normal and proper use of the Premises as a result of performing leased premises. Lessee shall maintain and repair any such work.
(3) Landlord will maintainimprovements, repair fixtures and replace all structural components utility installations on or for the benefit of the Premises leased premises in good condition and repair during the roof term. Lessee shall perform the required maintenance and repair in. a prompt manner and Lessee shall not have the right to perform repairs or maintain the leased premises for or on behalf of Lessor, and for such purposes Lessee expressly waives all right to make repairs or perform maintenance on or about the leased premises at Lessors expense. Lessor reserves the right to enter the leased premises at reasonable times to inspect them or to perform any maintenance or repair Lessor deems necessary, or to make additions or alterations to any part of the Buildingleased premises, and if a repairLessee shall permit Lessor to do so. In connection with such alterations, replacement additions or alteration or other change would be considered a capital improvement or replacement repairs, Lessor may erect scaffolding and similar structures, post relevant notices and place moveable equipment without any obligation to the Premises under generally accepted accounting principles, then it shall be Landlordreduce Lessee's responsibility rent during such period and without incurring any liability to promptly make and pay Lessee for such repair, replacement, alteration or other change. The cost disturbance of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage quiet enjoyment of the Building by the square footage premises or loss of all buildings benefitted by occupation thereof, provided however that Lessors endeavor to conduct such improvement, including the Building) activities in manner to avoid unreasonable interference with Lessee's use and occupancy of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leaseleased premises.
Appears in 1 contract
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, 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 all 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 to 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 7.A., 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 written 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 Tenant agrees to pay its percentage share (the denominator of which shall be determined by dividing is 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 useful life of such repair. Notwithstanding anything in this Lease to the contrarySpecified Capital Item (i.e., by way of example, in the event that the need approved cost for repairs or an approved Specified Capital Item was One Thousand Dollars ($1,000.00) and the making useful life of repairs such Specified Capital Item was eight (or both) which Landlord is obligated to effect 8) years and such work was commenced at Landlord's expense renders a material portion the end 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.the
Appears in 1 contract
Maintenance and Repairs. This Paragraph 50 replaces Paragraph 7.4 LESSOR'S OBLIGATIONS in its entirety.
A. Notwithstanding the provisions of Paragraphs 7.1 and 7.2, except for maintenance or repairs occasioned by the negligence or willful misconduct of Lessee, its agents or invitees, Lessor shall be obligated to maintain and repair the following at Lessor's expense:
(1i) Except The foundations, exterior structural walls and the structural portions of the roof of the Premises.
(ii) The sanitary sewer main-line to the front of the building, or replacements thereto.
B. Notwithstanding the provisions of Paragraphs 7.1 and 7.2, except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlordproblems caused by Lessee's obligationnegligence or willful misconduct, Tenant shallLessor, at TenantLessee's expense, shall be obligated to maintain and repair:
(i) The (exterior) roof in a watertight condition, free from debris, with proper drainage. Lessor will provide this maintenance free of charge through May 31, 2001; after that date, Lessee's maximum liability for roof maintenance shall be One Thousand Dollars ($1,000) in any 12-month period.
(ii) The landscaping of the Premises will be maintained in a neat & clean condition. Plants will be replaced, if necessary. Annual tree-trimming, spraying and seeding is included.
(iii) The exterior paint of the Premises will be maintained in a neat & clean condition. Graffiti will be removed and the effects of normal wear & tear will be repaired.
C. Notwithstanding anything in Paragraphs 6 or 7 to the contrary, except for problems caused by Lessee's negligence or willful misconduct, Lessor, at Lessor's sole cost and expense, maintain and in a timely manner, shall perform all maintenance of, repairs to or replacements of HVAC systems. However, Lessor shall not be required to increase the Premises in good ordercapacity, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: or adjust the interior surfaces balance (except for the initial need to engineer the flow or balance of the ceilings, walls and floors; all doors and interior windows; furnishings installed within HVAC units) 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 HVAC units 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 serve the Premises. In compensation for this service, Lessee shall pay Lessor Eight Hundred Thirty-three Dollars ($833) per month (in addition to 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 monthly rent specified in Paragraph 4) for 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 entire Term of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.
Appears in 1 contract
Samples: Standard Industrial Lease (Dental Medical Diagnostic Systems Inc)
Maintenance and Repairs. (1) Except The Landlord authorises StayCae to arrange 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 any repairs 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 maintenance issues which are required for the Unit up to so maintain AED 2,500 without obtaining 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’s prior approval. If a repair or maintenance issue arises which StayCae considers urgent (that is required as a result in StayCae’s opinion it is risk to health and safety of Tenant's negligence StayCae’s Customers and such or other tenants of the building or has the potential to cause serious or substantial damage to the Unit or the building) StayCae is authorised to take immediate action to alleviate the situation and any costs incurred by StayCae will be reimbursed by the Landlord. For any repair cost is or maintenance issues which are not covered urgent and exceed AED 2,500/- StayCae shall notify the Landlord by insurance proceeds, Tenant will pay email of the issue and request the Landlord’s approval for the cost item. If the Landlord does not want StayCae to perform the repair or maintenance issue the Landlord must notify StayCae by return email within 48 hours of such repairStayCae‘s email being sent. Notwithstanding anything in this Lease If the Landlord does not respond within 48 hours, it will be deemed to have accepted StayCae’s request to perform the repairs and maintenance and StayCae will be authorised to proceed with the necessary work. StayCae nor any of its employees, agents or service providers shall be liable to the contrary, in the event that the need for repairs 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 third party for: any act or omission of Tenant StayCae or any of Tenant's servantsits group companies, or any of their respective directors, officers, employees, agentsagents or representatives, contractorsexcept in circumstances of gross negligence or wilful misconduct by StayCae or any of its service providers. any actions, visitors statements, omissions, promises, representations or licensees, (ii) where Tenant any other act of StayCae with regard to the Unit. StayCae makes no representations to the Landlord about the occupancy levels or amount of income the Landlord may receive under this Agreement The Parties agree that this Agreement is confidential and shall not disclose its contents to a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where third party except with the repair in question is one which Tenant is obligated to furnish under prior consent of the provisions of this Leaseother Party.
Appears in 1 contract
Samples: Vacation Rental Agreement
Maintenance and Repairs. 9.1 Notwithstanding any other provision of this Lease, but subject to Sections 9.2, 16 and 17 hereto, Landlord, at its sole cost and expense (1meaning that such costs and expenses are already included in Annual Rental and Operating Cost Increases and shall not otherwise be billed as Additional Rent), shall promptly make all repairs, perform all maintenance, and make all replacements in and to the Land, the Building, Building structures and systems, and, except as set forth below, the Premises (including elevator lobbies and bathrooms constituting a portion of the Premises) Except that are necessary or desirable to keep the same: (a) in good XX 000000000x0 CONDITION AND REPAIR, (B) IN A CLEAN, SAFE AND TENANTABLE CONDITION, AND (C) OTHERWISE IN ACCORDANCE WITH ALL LAWS AND THE REQUIREMENTS OF THE LEASE. The District shall maintain and repair the Premises (excluding elevator lobbies and bathrooms constituting a portion of the Premises) as provided in the next sentences. The District shall provide written notice to Landlord of any material defect in or material damage to the Premises, and Landlord shall inspect such condition. If the defect or damage is caused by the negligence or willful misconduct of the District or its employees (as determined by the judgment of a court of competent jurisdiction in the event the District disputes that the District or its employees were negligent or engaged in willful misconduct), the District shall be responsible for matters specified under Paragraph 4 above cost of the repair. If the District does not dispute that it is responsible for the cost of the repair or replacement, Landlord shall provide the District with an invoice for the cost of the necessary repair or replacement for the District’s approval, which invoice may include a Landlord service fee not to exceed 3.0% of such cost. If such invoice is approved by the District (or if Landlord is responsible for the repair or replacement), Landlord shall effect the repair or replacement, and, if applicable, the District shall pay any such approved invoice following completion of the subject work and Paragraph 8A(3within thirty (30) below as being Landlord's obligationdays after receipt of such invoice. If such invoice is not approved by the District, Tenant the District shall be responsible for undertaking the needed repair or replacement. The District shall suffer no waste or injury to any part of the Premises, and shall, at Tenant's sole cost and expensethe expiration or earlier termination of the Lease Term, maintain surrender the Premises in good orderan order and CONDITION equal to its order and condition on the Rent Commencement Date, condition and repair, subject to ordinary wear and tear tear, Landlord’s repair and maintenance obligations, and Section 16.
9.2 Except as otherwise provided in Sections 15.2 and 16, the District shall be responsible for all injury, breakage and damage by fire to the Premises and casualty excepted, including: the interior surfaces to any other part of the ceilingsBuilding or the Land to the extent caused by District Negligence. At all times, 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 subject to maintain the Premises in good order, condition and repair as required under this LeaseSection 14, 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 Landlordbe liable for all injury, breakage 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 damage to the Premises under generally accepted accounting principlesand, then it shall be Landlord's responsibility to promptly make if applicable, the MDF Equipment and pay for such repairthe MDF Supplemental HVAC, 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 resulting from a failure of the Base 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 Conditions or Building Structures and rules of any public authority relating to the PremisesSystems, except to the extent arising solely due to District Negligence. The District shall endeavor to give Landlord prompt notice of any known defects or damage to the structure of, or equipment or fixtures in, the Building or any part thereof.
9.3 Landlord shall ensure that the foregoing are solely a result Building shall be managed, operated and maintained in accordance with the standards of Tenant's use of the Premises. Tenant shall do all acts required to comply quality followed in first class office buildings in Washington, D.C., and in full compliance with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the PremisesLaws. If Landlord engages a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceedsthird party property management company, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease District shall have the right to approve the contrarysame, 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 approval shall not be entitled unreasonably withheld, conditioned or delayed. The District shall approve or disapprove such proposed management company within ten (10) Business Days after delivery to the District of a pro rata abatement written request for such approval and be deemed to have approved the same if it does not timely deliver written notice to Landlord of rent under the foregoing due to unusability (i) caused directly its approval 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.disapproval. XX 000000000x0
Appears in 1 contract
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 the next rental payment due to the contraryLessor. 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 the Lessee's next payment. 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 Xxxxxx XXXX, 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
Samples: Lease Agreement
Maintenance and Repairs. (1A) Except Landlord shall provide for matters specified under Paragraph 4 above the cleaning and Paragraph 8A(3) below as being Landlord's obligationmaintenance of the Building and all Building systems, Tenant the Garage, the Common Area and the Land, including planting and landscaping surrounding the Building and the structural, electrical and mechanical components of the Building, the Garage and all exterior components of the Building and the Garage, in keeping with the usual standard for first class office buildings. If and to the extent requested by Tenant, Landlord shall, at Tenant's sole cost, also provide cleaning and maintenance services for the Premises. Except as so requested and paid for by Tenant, Landlord shall not be required to maintain or repair any non-building standard or special tenant improvements in or about the Premises, and there will be an additional charge to Tenant for the cleaning of such items as carpet, blinds, drapes, and wall coverings by Landlord.
(b) The first installation of building standard electric light lamps will be made by the Landlord. Thereafter, the Tenant shall pay promptly to Landlord the installed cost of all electrical lamps, starters and expenseballasts used on the Premises; provided, however, that Tenant shall have the right, at its option, to provide such materials and service for itself or through a contractor it selects.
(c) Tenant shall keep and maintain the Premises in good orderrepair and condition, condition and repair, ordinary reasonable wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all 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 not commit or allow any waste or damage to comply with all applicable laws, ordinances, regulations and rules of be committed on 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 daysor the Building by Tenant, then its employees, contractors, licensees or agents. If and to the extent such costs are not paid by Landlord's insurance, Tenant shall be entitled pay to an abatement of rent commencing with Landlord the fourth business day that full cost to repair or replace any damage or injury done to the same are unusableBuilding or any part thereof caused by Tenant, its agents, employees, invitees, or visitors; provided, however, that Tenant shall not be entitled liable for any such costs if not paid for by Landlord's insurance because of Landlord's failure to a pro rata abatement of rent under maintain insurance in accordance with 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 requirements of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Kansas City Southern Industries Inc)
Maintenance and Repairs. (1) Except All ordinary and customary maintenance, repairs and replacements to the Leased Premises shall be performed by Tenant, at its own expense, including all necessary repairs to pipes, heating systems, plumbing systems, electrical systems, window glass, doors, fixtures, interior decorations, and all other appliances and appurtenances. Such repairs ordinary as well as extraordinary, shall be made promptly, as and when necessary. All such repairs and replacements shall be in quality and class at least equal to the original work. On default of the Tenant in making such repairs or replacements, the Landlord may, but shall not be required to, make such repairs and replacements for matters specified under Paragraph 4 above the Tenant's account, and Paragraph 8A(3) below the expense shall constitute and be collectable as being Landlordadditional rent, together with interest thereon at the rate of twelve percent per annum until paid. Landlord shall be responsible for maintaining the structural components of the Leased Premises including but not limited to, the roof, foundation, exterior walls and interior support systems unless caused by Tenant's obligationact or negligence, in which case, Tenant shallshall pay for all necessary repairs and replacements to the extent not covered by insurance. Tenant shall be responsible for and pay for the routine maintenance of the Leased Premise's asphalt and concrete areas including the ingress and egress areas, at parking lots and storage areas. For that purpose, routine maintenance shall be limited to sealing cracks in the asphalt and concrete to the extent that such cracks can effectively be repaired by sealing. In addition, Tenant shall be responsible for any damages Tenant or Tenant's sole cost and expense, maintain the Premises in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails invitees cause to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premisesthese areas. In the event that Tenant fails to commence such work within 30 days after written demand by Landlordthese areas need other than routine maintenance repairs, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of invitees have not caused the Premises as a result of performing any need for such work.
(3) repairs, Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay responsible for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premisesrepairs. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of not allow or permit any public authority relating solely to Tenant's use waste of the Leased Premises. If a repair is required as a result , and shall keep the leased grounds free of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs trash or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Leasedebris.
Appears in 1 contract
Samples: Stock Purchase Agreement (Hia Inc)
Maintenance and Repairs. (1) 8.1 Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlord's obligationprovided in Section 8.3 below, Tenant shall, at Tenant's sole cost will keep and expense, maintain the Premises and all fixtures and equipment located therein in clean, safe and sanitary condition, will take good ordercare thereof and make all required repairs thereto, and will suffer no waste or injury thereto. At the expiration or other termination of the Lease Term, Tenant shall surrender the Premises, broom clean, in the same order and condition and repairin which they are in on the Lease Commencement Date, ordinary wear and tear and unavoidable damage by fire the elements excepted. Landlord, at its cost, shall provide replacement tubes for all fluorescent light fixtures in the Premises on the Lease Commencement Date. All other bulbs, tubes and casualty exceptedlighting fixtures for the Premises shall be provided and installed by Landlord at Tenant's cost and expense.
8.2 Except as otherwise provided in Article XVII hereof, including: all injury, breakage and damage to the interior surfaces Premises and to any other part of the ceilingsOffice Complex caused by any act or omission of Tenant, walls or of any agent, employee, subtenant, contractor, customer or invitee of Tenant, shall be repaired by and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the sole expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event except that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligatedat its option, to do make such acts repairs and expend such funds at to charge Tenant for all costs and expenses reasonably incurred by Landlord in light of the expense urgency, as determined by Landlord in its sole judgment, of the repairs, solely in connection therewith as additional rent hereunder. The liability of Tenant as are reasonably required to perform for such work. costs and expenses shall be reduced by the amount of any insurance proceeds received by Landlord on account of such injury, breakage or damage.
8.3 Landlord shall have no liability to Tenant for any reasonable damagekeep and maintain the exterior and demising walls, inconvenience or interference with Tenant's use foundations, roof and common areas that form a part of the Premises as a result of performing any such work.
Building (3) Landlord will maintainincluding the windows, repair and replace all structural components of the Premises elevators, base sprinkler system), and the roof mechanical, electrical, HVAC, plumbing and other operational systems of the Building, pipes and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to conduits that are provided by Landlord in the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage operation of the Building or, on a non-exclusive basis, the Premises in clean, safe, sanitary and operating condition in accordance with standards customarily maintained by first-class office buildings in the square footage of Bethesda, Maryland area, and will make all buildings benefitted by such improvement, including the Building) required repairs thereto. All common or public areas of the annual amortized amount. Such payment will Office Complex and the land upon which it is situated (including without limitation the first floor lobby area and the exterior landscaping) shall be made maintained by Tenant as set forth Landlord in Paragraph 4 above. Landlord shall do all acts required to comply accordance with all applicable lawsstandards customarily maintained by first-class office buildings in the Bethesda, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the PremisesMaryland area. Tenant shall do all acts required to comply promptly provide Landlord with all applicable laws, ordinances, regulations and rules written notice of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the defect or need for repairs in or about the Office Complex or the making Building of repairs (or both) which Landlord Tenant is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusableaware; provided, however, that Tenant Landlord's obligation to repair hereunder shall not be entitled limited to a pro rata abatement matters of rent under the foregoing due to unusability (i) caused directly or indirectly which it has been given notice by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.
Appears in 1 contract
Samples: Lease Modification and Extension Agreement (E Centives Inc)
Maintenance and Repairs. (1) A. Landlord's Obligations ---------------------- Except for matters specified under Paragraph 4 above special or non-standard systems and Paragraph 8A(3) below as being Landlordequipment installed for Tenant's obligationexclusive use, Tenant Landlord shall, at Landlord's initial cost and expense subject to reimbursement by Tenant of Tenant's sole Proportionate Share of such cost and expenseexpense as an Operating Cost, maintain the Premises keep in good order, condition and repair, ordinary wear and tear and damage by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the Premises.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Leasethe heating, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, ventilating and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts air conditioning and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of other mechanical systems which service the Premises as a result well as other premises within the Building; the foundations, exterior walls, structural condition of performing any such work.
(3) Landlord will maintaininterior bearing walls, repair and replace all structural components roof of the Premises and Building; and the roof parking lots, walkways, driveways, landscaping, fences, signs and utility installations and other Common Areas of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 aboveProject. Landlord shall do all acts required not be in breach of its obligations under this Section unless Landlord fails to comply with all applicable lawscommence, ordinanceswithin three (3) days after written notice of a need for such repairs or maintenance is given to Landlord by Tenant, regulations and rules of to thereafter diligently prosecute to completion, any public authority relating repairs or perform maintenance which it is obligated to the Premisesperform hereunder, except to the extent that the foregoing are solely a result of and such failure materially and adversely affects Tenant's use of business operations in the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled required to a pro rata abatement of rent under the foregoing due to unusability (i) make any repairs for damage caused directly or indirectly by any negligent or intentional act or omission of Tenant or any person claiming through or under Tenant or any of Tenant's servants, employees, agentssuppliers, contractorsshippers, visitors customers or licenseesinvitees, unless Tenant or another party agrees to pay Landlord for Landlord's actual costs therefor, or unless Landlord elects to file an insurance claim as provided in Section B below; otherwise, Tenant shall, with the consent and under the direction of Landlord, repair such damage at its sole cost and expense. Tenant hereby waives and releases any right it may have to make repairs to the Premises, Building or Project at Landlord's expense under any law, statute, ordinance, rules and regulations now or hereafter in effect in any jurisdiction in which the Project is located. Tenant understands that, due to the seven days a week, twenty-four hours a day nature of Tenant's business, Landlord may find it necessary to temporarily interrupt utility and other Building services in order for Landlord to perform periodic or other necessary repair, maintenance and replacement activities. Except in the case of emergency, Landlord will (i) use all reasonable efforts to minimize any interference in Tenant's business operations, (ii) where in connection with scheduled maintenance or repair when Landlord anticipates that electrical service will be interrupted for a period of time less than one (1) hour, provide Tenant makes a decorationand Tenant's facility manager previously identified to Landlord with not less than two (2) hours prior notification, alteration, improvement or addition which directly causes such unusability, or and (iii) where in connection with scheduled maintenance or repair when Landlord anticipates that electrical service will be interrupted for a period of time of one (1) hour or longer, provide Tenant and Tenant's facility manager previously identified to Landlord with not less than ten (10) days prior notification, and at Tenant's request and if reasonably able to do so, Landlord will perform such scheduled maintenance and repair (anticipated to cause an electrical interruption of greater than one (1) hour) during the repair in question is one which Tenant is obligated to furnish under the provisions midnight shift of this LeaseTenant's employees or at such other time as may be reasonably requested by Tenant.
Appears in 1 contract
Maintenance and Repairs. (1A) Lessee shall keep the Leased Premises in good condition, reasonable wear and tear excepted, and shall, in the use and occupancy of the Leased Premises, conform to all laws, orders and regulations of the Federal, State and Municipal governments, or any of their departments, and regulations of the New York Board of Fire Underwriters, applicable to the Premises. Lessee shall not be required to perform any maintenance, repairs or replacements necessitated by the negligence of Lessor, its servants, agents, or employees, or structural defects or deficiencies in the Building, or by fire, or other casualty.
(B) Except for matters specified under Paragraph 4 such maintenance, repairs, and replacements as are required by (A) above to be made by Lessee, Lessor shall perform any and Paragraph 8A(3all structural alterations, maintenance, repairs and equipment replacements which may be necessary to maintain the Building in good, safe and tenantable condition.
(C) below Lessee shall permit the Lessor to erect, use and maintain pipes and conduits in and through the Leased Premises, provided the same are installed and concealed behind walls and ceilings of the Leased Premises and do not result in any noticeable loss of Lessee's space. All work necessary in connection with the foregoing shall to the extent possible, be done outside of Lessee's regular business hours. The Lessor or its agents shall have the right to enter the Leased Premises to make such repairs or alterations as being Landlord's the Lessor reasonably deems desirable for the proper operation of the Building and shall have the right to enter the Leased Premises at any time on reasonable advance notice to Lessee to examine them or when necessary for the protection of the Leased Premises or the Building. The Lessor, provided it proceeds with due diligence, shall be allowed to take all material into and upon the Leased Premises that may be required for such repairs or alterations without the same constituting an eviction of Lessee in whole or in part and without any abatement or diminution of Fixed Rent or Additional Rent. In the making of such repairs or alterations, the Lessor, to the extent practicable and consistent with efficiency and economy, shall exercise reasonable diligence so as to minimize the disturbance of or interference with the business of Lessee. Nothing herein contained, however, shall be deemed or construed to impose upon the Lessor any obligation, Tenant shallresponsibility or liability whatsoever for the care, at Tenant's sole cost and expense, maintain supervision or repair of the Premises or any part thereof, other than as herein provided. The Lessor shall also have the right at any time, without the same constituting an actual or constructive eviction and without incurring any liability to Lessee therefor, to change the arrangement or location of entrances or passageways, doors and doorways and corridors, stairs, toilets, or other public parts of the Building, provided that no changes shall be made without Lessee's consent where such changes would adversely affect Lessee's ingress and egress to and from the Leased Premises from the street floor or from the lobby of the Building or from the hallway or lobby of the Building. Lessee shall at all times during the term of this Lease, and any extension thereof, permit inspection of the Leased Premises during business hours, by the Lessor and its agents or representatives, or by or on behalf of prospective lessees. Except in the case of emergency, any such inspection will be on at least twenty-four (24) hours' notice. Such inspection will be done in a manner so as not to unreasonably interfere with Lessee in the conduct of its business.
(D) Damages resulting from any act of the Lessee or its employees, contractors, agents, licensees or invitees shall be repaired by the Lessee, or, if repaired by the Lessor, all costs shall be charged to the account of the Lessee.
(E) All repairs or replacements by Lessee or Lessor shall be of first quality and done in good orderand workmanlike manner. If Lessee is charged with making such repairs, condition restorations and repairreplacements, ordinary wear the contract or chosen by Lessee to do such repairs, restorations or replacements shall be subject to Lessee's approval and tear further, if Lessee shall fail within fifteen (15) days' written request from Lessor to commence the making of such repairs, restorations and damage replacements and complete the work with reasonable diligence, they may be made and completed by fire and casualty excepted, including: the interior surfaces of the ceilings, walls and floors; all doors and interior windows; furnishings installed within the Premises; all equipment installed by or Lessor but at the expense of Tenant; and all plumbing, heating, ventilating, electrical and lighting facilities and fixtures; all landscaping, parking lots, fences and signs located within the PremisesLessee.
(2) In the event that Tenant fails to maintain the Premises in good order, condition and repair as required under this Lease, Landlord shall give Tenant prior written notice to do such acts as are required to so maintain the Premises. In the event that Tenant fails to commence such work within 30 days after written demand by Landlord, and diligently prosecute it to completion, then Landlord shall have the right, but shall not be obligated, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Landlord shall have no liability to Tenant for any reasonable damage, inconvenience or interference with Tenant's use of the Premises as a result of performing any such work.
(3) Landlord will maintain, repair and replace all structural components of the Premises and the roof of the Building, and if a repair, replacement or alteration or other change would be considered a capital improvement or replacement to the Premises under generally accepted accounting principles, then it shall be Landlord's responsibility to promptly make and pay for such repair, replacement, alteration or other change. The cost of any such capital improvement shall be amortized over the useful life of such item and Tenant agrees to pay its percentage share (which shall be determined by dividing the square footage of the Building by the square footage of all buildings benefitted by such improvement, including the Building) of the annual amortized amount. Such payment will be made by Tenant as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything in this Lease to the contrary, in the event that the need for repairs or the making of repairs (or both) which Landlord is obligated to effect at Landlord's expense renders a material portion of the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing with the fourth business day that the same are unusable; provided, however, that Tenant shall not be entitled to a pro rata abatement of rent under the foregoing due to unusability (i) caused directly or indirectly by any act or omission of Tenant or any of Tenant's servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which directly causes such unusability, or (iii) where the repair in question is one which Tenant is obligated to furnish under the provisions of this Lease.
Appears in 1 contract
Maintenance and Repairs. Landlord will be responsible for all repairs and maintenance to the Premises, with the exception of (1i) Except for matters specified under Paragraph 4 above and Paragraph 8A(3) below as being Landlordany repairs necessitated by Resident's obligationintentional acts, Tenant shall, at Tenant's sole cost and expense, maintain negligence or misuse of the Premises in good order, condition and repair, or damage (other than ordinary wear and tear tear) caused by Resident or Resident’s guests or invitees; (ii) the replacement from time to time, as needed, of batteries in the smoke detectors in the Premises which will be the responsibility of Resident and (iii) the replacement from time to time, as needed, of light bulbs in the Premises with compact fluorescent light bulbs, which will be the responsibility of Resident. Resident must promptly notify Landlord, or its agent, in writing, of any necessary repairs which need to be performed by Landlord. Resident must keep the Premises and the items furnished by Landlord in good and clean condition. Landlord may require advance payment of repairs or replacements for which Resident is responsible under this Lease. Resident must promptly reimburse Landlord for all costs for necessary repairs or replacements to the Property, the Premises or any of Landlord's furnishings, equipment or personal property that are necessitated by Resident's or Resident’s guests' or invitees' intentional act, negligence, or misuse or any damage (other than ordinary wear and tear) caused by fire Resident or Resident’s guests or invitees, 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) such charges will be deemed additional rent hereunder. In the event that Tenant fails repairs or replacements to the Premises or any of Landlord's furnishings, equipment or personal property therein are necessitated by any intentional acts, negligence, misuse or damage (other than ordinary wear and tear) and Landlord is unable to confirm which Resident (or its guests or invitees) caused the damage, then Landlord may seek reimbursement from all of the Residents occupying the Apartment, including but not limited to Resident, and all such Residents will be jointly and severally liable to Landlord for the cost of the repairs and replacements. Resident must promptly notify Landlord, or its agent, in writing, of the need for any repairs to the Premises which are necessary to maintain the Premises in good order, usable condition and repair as required or otherwise to comply with Landlord's obligations under this Lease. Landlord will, Landlord shall give Tenant prior written notice to do upon actual receipt of such acts as are required to so maintain the Premises. In the event that Tenant fails to commence notification, act with reasonable diligence in making such work within 30 days after written demand by Landlordrepairs, and diligently prosecute it to completion, then Landlord shall have the right, but shall this Lease will continue. Rent will not be obligatedabated prior to completion of the repairs; provided, that Landlord may require Resident to do pay any money due from Resident for repairs or replacements necessitated by the intentional act, negligent act, or misuse of the Property or any items furnished by Landlord by Resident or Resident's guests or invitees, prior to making such acts and expend such funds at the expense of Tenant as are reasonably required to perform such workrepairs. 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 may temporarily interrupt utility services 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 avoid damage to 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 Property or to an abatement perform maintenance to any portion 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 LeaseProperty.
Appears in 1 contract
Samples: Rental Lease Agreement
Maintenance and Repairs. Landlord at its cost shall maintain in good condition (1i) Except the structural portions of the Premises and other improvements that are a part of the Premises, which structural portions include the foundations, load bearing, and exterior walls (excluding glass and doors), sub-flooring and roof, (ii) the electrical, plumbing, and sewage systems, and (iii) window frames, gutters, and downspouts to the Premises and other improvements that are a part of the Premises. Landlord further agrees to repair and/or replace during the first year only of the Initial Term any defective parts or components of the heating and air-conditioning systems provided such defective condition was not caused by negligence of Tenant or its failure to provide routine and proper maintenance of the equipment. Tenant must purchase a maintenance contract to provide for matters specified under Paragraph 4 above routine and Paragraph 8A(3proper maintenance of the heating and air-conditioning systems or provide detailed logs of maintenance and repairs it performs to adequately maintain the systems. In the event Landlord fails or refuses to commence repair of the defective condition, or make replacement, as the case may be, after a period of five (5) below as being days from receipt of notice, Tenant may cause the same to be remedied at Landlord's obligationexpense and deduct the cost from the next succeeding installment(s) of rent due by it to said Landlord, but, it is expressly understood and agreed that Landlord shall not be liable to Tenant shallfor any damage it may sustain to its business, merchandise or equipment as a result of such defective condition. Except as hereinabove provided, Tenant, at Tenant's sole its own cost and expense, shall maintain and replace, when necessary, all other parts of the Premises including elevator, mechanical equipment, doors, door framing, windows, window framing, and glass in as good orderrepair as when the Premises were received by it, condition and repair, ordinary normal wear and tear and damage by fire and loss from 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 Except as set forth in Paragraph 4 above. Landlord shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating to the Premises, except to the extent that the foregoing are solely a result of Tenant's use of the Premises. Tenant shall do all acts required to comply with all applicable laws, ordinances, regulations and rules of any public authority relating solely to Tenant's use of the Premises. If a repair is required as a result of Tenant's negligence and such repair cost is not covered by insurance proceeds, Tenant will pay for the cost of such repair. Notwithstanding anything 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 responsible for maintenance and repair 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 LeaseHVAC system.
Appears in 1 contract
Samples: Lease Agreement (Autocyte Inc)
Maintenance and Repairs. (1A) Except for matters specified under Paragraph 4 above Tenant shall take good care of the Premises and Paragraph 8A(3) below as being Landlord's obligation, not commit waste. Tenant shall, at Tenant's its sole cost and expense, shall promptly make all repairs, ordinary or extraordinary, in and about the interior of the Premises. Tenant at its sole expense, shall replace during the Term of the Lease all damaged or broken doors or other glass in or about the Premises and shall be responsible for all repairs, maintenance and replacement of wall and floor coverings in or on the Premises, and for the repair, replacement and maintenance of all lighting fixtures therein.
(B) Tenant shall keep and maintain the Premises and its fixtures, appurtenances, systems and facilities serving 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 and shall make all repairs, as required under and when needed in or about the Premises, except for those repairs for which Tenant is responsible pursuant to any other provisions of this Lease, Landlord . Under no circumstances shall give Tenant prior written notice be entitled 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. an offset against Rent due hereunder.
(C) Landlord shall have no liability to Tenant for by reason of any reasonable damageinconvenience, inconvenience annoyance, interruption or interference with injury to Tenant's use business arising from any repairs or changes required or permitted by this Lease, or required by law, to make in or to any portion of the Premises, or in or to the fixtures, equipment or appurtenances of the Premises; provided that Landlord shall not be exculpated from liability if Landlord shall fail to make a required repair within a commercially reasonable period of time or if the repair of prevents Tenant from using a material portion of the Premises as a result of performing any such workfor more than sixty (60) days.
(3D) Landlord will maintainTenant shall, at its own cost and expense, 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 any damage 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 resulting from and/or caused in whole 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 in part 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 misconduct of Tenant's use of , its agents, servants, employees, patrons, customers, or any other person entering 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 Facility as a result of Tenant's negligence and such repair cost is not covered business activities or caused by insurance proceeds, Tenant's default hereunder.
(E) Tenant will pay for acknowledges it has had the cost of such repair. Notwithstanding anything in this Lease opportunity 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 inspect the Premises unusable for more than three consecutive business days, then Tenant shall be entitled to an abatement of rent commencing and accepts the Premises "AS IS," "WHERE AS," and 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 Leaseall faults.
Appears in 1 contract
Maintenance and Repairs. (1) Except After initial acceptance of the Demised Premises by Xxxxxx, 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 Xxxxxx 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 000 Xxxxxxxx Xxxxx, Xxxx Xxxxxxxxxx, XX Attn: Xxxxxxxx Xxxxxxx, 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 Xxxxxx's own account. Notwithstanding anything in this Lease Any and all necessary alterations and redecorating shall be made at Xxxxxx’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 fixing any plumbing-related issues, replacing light bulbs, or any other item or equipment which is used strictly by Lessee. Xxxxxx 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 Xxxxxx hereby accepts them in their present “as is” condition. Xxxxxx 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
Samples: Lease Agreement