Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.
Appears in 12 contracts
Samples: Lease Agreement (Power REIT), Lease Agreement (Millennium Investment & Acquisition Co Inc.), Lease Agreement (Power REIT)
Maintenance and Repairs. 7.1 4. Tenant shall, at its expense, throughout the Term term of this lease, take good care of the demised premises and the fixtures and appurtenances therein. Tenant shall be responsible for all renewals damage or injury to the demised premises or any other part of the building and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premisesthereof, electric light fixtureswhether requiring structural or nonstructural repairs caused by, bulbsor resulting from, tubes and tube casingscarelessness, doorsomission, floor coverings, dock doors, levelers, plumbing system and plumbing fixturesneglect or improper conduct of Tenant, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for, or supplied to, Tenant the benefit from warranties on such itemsor any subtenant, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion arising out of the Premises installation, use or operation of the property or equipment of Tenant or any system or equipment in subtenant. Tenant shall also repair all damage to the Premises which Tenant is obligated to repair cannot be fully repairedbuilding and the demised premises caused by the moving of Tenant’s fixtures, furniture and equipment. Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shallmake, at Tenant’s expense, maintain a preventive maintenance contract providing all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the regular inspection (trade or trades in question, selected from a list of at least quarterly) two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractorsystems thereof, or for which Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract is responsible, shall be paid performed by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have Owner at the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Owner shall maintain in good working order and repair the exterior and the structural portions of the building, including the structural portions of the demised premises, and the public portions of the building interior and the building plumbing, electrical, heating and ventilating and other systems (to the extent such systems presently exist) serving the demised premises. Tenant agrees to give prompt notice of any defective condition in the demised premises for which Owner may be responsible hereunder. There shall be no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising 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 agrees to make reasonable efforts to minimize interference with the permitted use. Owner will endeavor to give Tenant reasonable advance notice (which may be oral) of such repairs, alterations, additions or improvements. It is specifically agreed that Tenant shall not be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the balance covenants of the Propertythis or any other article of this lease. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant agrees that Tenant’s sole expenseremedy at law in such instance will be a separate plenary action for damages for breach of contract. If Tenant fails to maintain and repair The provisions of this Article 4 shall not apply in the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency)fire or other casualty, enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesArticle 9 hereof.
Appears in 4 contracts
Samples: Office Lease (Liquid Holdings Group LLC), Office Lease (Liquid Holdings Group LLC), Office Lease (Liquid Holdings Group LLC)
Maintenance and Repairs. 7.1 4. Tenant shall, at its expense, throughout the Term term of this lease, take good care of the demised premises and the fixtures and appurtenances therein, subject to reasonable wear and tear Tenant shall be responsible for all renewals damage or injury to the demised premises or any other part of the building and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premisesthereof, electric light fixtureswhether requiring structural or nonstructural repairs caused by, bulbsor resulting from, tubes and tube casingswillful omission, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixturesneglect or willful improper conduct of Tenant, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for, or supplied to, Tenant the benefit from warranties on such itemsor any subtenant, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion arising out of the Premises installation, use or operation of the property or equipment of Tenant or any system or equipment in subtenant. Tenant shall also repair all damage to the Premises which Tenant is obligated to repair cannot be fully repairedbuilding and the demised premises caused by the moving of Tenant’s fixtures, furniture and equipment. Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shallmake, at Tenant’s expense, maintain a preventive maintenance contract providing all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the regular inspection (trade or trades in question, selected from a list of at least quarterly) two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractorsystems thereof, or for which Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract is responsible, shall be paid performed by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have Owner at the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Owner shall maintain in good working order and repair the exterior and the structural portions of the building, including the structural portions of the demised premises, and the public portions of the building interior and the building plumbing, electrical, heating and ventilating and other systems (to the extent such systems presently exist) serving the demised premises. Tenant agrees to give prompt notice of any defective condition in the demised premises for which Owner may be responsible hereunder. Except as set forth herein, there shall be no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising 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. It is specifically agreed that Tenant shall not be responsible entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this lease. Tenant agrees that Tenant’s sole remedy at law in such instance will be by law of an action for janitorial services and trash removal damages for breach of contract. Owner agrees to make reasonable efforts to minimize interference with the permitted use. Owner will endeavor to give Tenant reasonable advance notice (which may be oral) of such repairs, alterations, additions or improvements. The provisions of this Article 4 shall not apply in the case of fire or other casualty, which are dealt with in Article 9 hereof. Window Cleaning: 5. Tenant will not clean nor require, permit, suffer or allow any window in the demised premises to be cleaned from the Premisesoutside in violation of Section 202 of the Labor Law or any other applicable law, or of the Rules of the Board of Standards and Appeals, or of any other Board or body having or asserting jurisdiction. Requirements of Law, Fire Insurance, Floor Loads: 6. Prior to the commencement of the lease term , if Tenant is then in possession, and at all times thereafter, Tenant, at Tenant’s sole cost and expense, shall promptly comply with all present and future laws, orders and regulations of all state, federal, municipal and local governments, departments, commissions and boards and any direction of any public officer pursuant to law, and all orders, rules and regulations of the New York Board of Fire Underwriters, Insurance Services Office, or any similar body which shall impose any violation, order or duty upon Owner or Tenant with respect to the demised premises, arising out of Tenant’s particular use or manner of use thereof (as opposed to the permitted use hereunder) or with respect to the building if arising out of Tenant’s particular use or manner of use of the demised premises or the building (as opposed to the permitted use hereunder). Nothing herein shall require Tenant to make structural repairs or alterations or repairs or alterations to the systems to the extent not exclusively servicing the demised premises unless Tenant has, by its manner of use of the demised premises or method of operation therein, violated any such laws, ordinances, orders, rules, regulations or requirements with respect thereto. Tenant may, after securing Owner to Owner’s reasonable satisfaction against all damages, interest, penalties and expenses, including, but not limited to, reasonable attorneys’ fees, by cash deposit or by surety bond in an amount and in a company reasonably satisfactory to Owner, contest and appeal any such laws, ordinances, orders, rules, regulations or requirements provided same is done with all reasonable promptness and provided such appeal shall not subject Owner to prosecution for a criminal offense, or constitute a default under any lease or mortgage under which Owner may be obligated, or cause the demised premises or any part thereof to be condemned or vacated. Tenant shall not do or permit any act or thing to be done in or to the demised premises which is contrary to law, or which will invalidate or be in conflict with public liability, fire or other policies of insurance at any time carried by or for the benefit of Owner with respect to the demised premises or the building of which the demised premises form a part, or which shall or might subject Owner to any liability or responsibility to any person, or for property damage. Tenant shall not keep anything in the demised premises, except as now or hereafter permitted by the Fire Department, Board of Fire Underwriters, Fire Insurance Rating Organization or other authority having jurisdiction, and then only in such manner and such quantity so as not to increase the rate for fire insurance applicable to the building, nor use the demised premises in a manner which will increase the insurance rate for the building or any property located therein over that in effect for the permitted use. Tenant shall pay all costs, expenses, fines, penalties, or damages, which may be imposed upon Owner by reason of Tenant’s failure to comply with the provisions of this article, and if by reason of such failure the fire insurance rate shall, at the beginning of this lease or at any time thereafter, be higher than it otherwise would be, then, Tenant shall reimburse Owner, as additional rent hereunder, for that portion of all fire insurance premiums thereafter paid by Owner which shall have been charged because of such failure by Tenant. In any action or proceeding wherein Owner and Tenant are parties, a schedule or “make-up” of rate for the building or the demised premises issued by the New York Fire Insurance Exchange, or other body making fire insurance rates applicable to said premises shall be conclusive evidence of the facts therein stated and of the several items and charges in the fire insurance rates then applicable to said premises. Tenant shall not place load upon any floor of the demised premises exceeding the floor load per square foot area which it was designed to carry and which is allowed by law. Owner reserves the right to reasonably prescribe the weight and position of all safes, business machines and mechanical equipment. Such installations shall be placed and maintained by Tenant, at Tenant’s expense. Landlord , in settings sufficient, in Owner’s reasonable judgment to absorb and Tenant intend thatprevent vibration, at all times during the Term, Tenant shall maintain the Premises in good order noise and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesannoyance.
Appears in 2 contracts
Samples: Sublease Agreement (Liquid Holdings Group, Inc.), Office Lease (Liquid Holdings Group, Inc.)
Maintenance and Repairs. 7.1 Tenant shallwill repair and maintain the Leased Premises at Tenants' own expense, and make every repair and replacement which may be needed to maintain the Improvements, water, sewer, pumping and heating systems, plumbing system, electrical wiring system, sprinkler system and air conditioning in good condition and repair as the same shall be on the Commencement Date. Tenant agrees to replace all glass with glazing of the same size and quality of that broken. Tenant shall also maintain and repair at its expense, throughout lawn, landscaping, exterior paving and snow removal where applicable. Notwithstanding any other provision of this Lease, the Term Tenant shall not be required to make any repair to the structural members, including roof, exterior walls, and all renewals and extensions thereoffoundations, maintain in good order, condition and repair of the Premises, including but not limited except to heating such extent such repairs are necessitated by the negligence of Tenant or Tenant's overloading the floor or other structural elements or by Tenant's having made substantial additional improvements to the Premises after the Commencement Date repair and air conditioning equipment, walls, floors maintenance of which shall be the responsibility of the Tenant. As of the commencement Date the Landlord will warrant that all structural and ceilings, window exteriors, mechanical systems of Buildings 1 and electrical systems 2 are in good working order and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlordrepair. Landlord Tenant shall use reasonable efforts to extend to Tenant have the benefit from of all contractor and subcontractor warranties on such items, if any, that have been relative to the Improvements. If the repairs required to be made by Landlord’s contractors Landlord or vendors and to extend to Tenant are not completed within a reasonable time after request for such repair by the other party, Landlord or Tenant, as and if availablethe case may be, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the rightoption to make such repairs after first giving the other party fifteen (15) days notice of its intention to do so, upon notice to Tenant, to undertake the responsibility for preventive maintenance of and any other system or component at Tenant’s expense. Tenant amounts expended by virtue thereof shall be responsible for janitorial services and trash removal added to or subtracted from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during next month's rent in the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance full amount of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesexpenditures.
Appears in 2 contracts
Samples: Lease (Telaxis Communications Corp), Lease (Millitech Corp)
Maintenance and Repairs. 7.1 Tenant shall14.1 CONCESSIONAIRES taking possession of the concession areas shall be conclusive evidence of CONCESSIONAIRE’s acceptance thereof in good, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good sanitary order, condition and repair and with no defects of any sort. CONCESSIONAIRE shall, at CONCESSIONAIRE’s sole cost and expense, throughout the Premisesterm of this Agreement, keep the concession areas in good condition and repair including maintenance, replacement and repairs, which may be necessary, in CITY’s discretion, to the interior of the concession areas, to keep same in the condition delivered to CONCESSIONAIRE on the commencement date hereof, ordinary wear and tear excepted. CONCESSIONAIRE shall promptly make, at CONCESSIONAIRE’s sole cost and expense, all repairs in or to the concession areas property to which CONCESSIONAIRE is responsible.
14.2 CONCESSIONAIRE shall be responsible for the maintenance and upkeep of the concession areas, including but not limited to equipment and fixtures.
14.3 CITY shall maintain, at its sole expense, the maintenance, repair and/or replacement of all currently existing plumbing, pipes, electrical wiring and conduits, heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenantsystems, as well as the maintenance of the existing roof in leak free condition.
14.4 CITY shall provide sufficient written notice to CONCESSIONAIRE of its intent to make repairs such that the making of said repairs does not constitute an inconvenience to CONCESSIONAIRE. CITY, however, shall have no liability to CONCESSIONAIRE, nor shall CONCESSIONAIRE’s covenants and if availableobligations hereunder be reduced or abated in any manner whatsoever by reason of any inconvenience, any bulk buying power that Landlord may have with such contractors annoyance, interruption, or vendors. If injury to business arising from CITY’s making repairs or changes which CITY is required to or permitted to make by this Agreement or required by law, to make in any portion of the Premises Sportsplex, including concession areas. CITY agrees to use its best efforts to not interrupt or any system or equipment interfere with CONCESSIONAIRE’s business in the Premises which Tenant is obligated event repairs or changes are to repair cannot be fully repaired, Tenant shall promptly replace made on the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesSportsplex property.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Maintenance and Repairs. 7.1 Tenant shallLandlord will maintain all Common Areas and Systems serving the Common Areas, at its expensethe roof, throughout downspouts, gutters, foundation, and the Term exterior walls (and all renewals and extensions thereof, maintain any structural interior walls or other structural elements) of the Building in good orderrepair, condition reasonable wear and repair tear excepted. Tenant will repair, replace and pay for, any damage to the Premisesforegoing caused by the negligence or misconduct of Tenant or any Tenant Party, including but or caused by Tenant’s default hereunder. The term “walls” as used herein will not limited to heating and air conditioning equipmentinclude windows, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casingsglass or plate glass, doors, floor coveringsspecial store fronts or office entries. Tenant will promptly give Landlord written notice of defect or need for repairs, dock doorsafter which Landlord will have reasonable opportunity to repair same or cure such defect. Landlord's liability with respect to any defects, levelersrepairs or maintenance for which Landlord is responsible under any of the provisions of this Lease will be limited to the cost of such repairs or maintenance or the curing of such defect. Tenant will at its own cost and expense maintain, plumbing system repair and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant replace the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion entirety of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required those for which Landlord is expressly responsible under the terms of this Lease) in case of emergencyas good condition as received (ordinary wear and tear excepted), enter the Premises promptly making all necessary repairs and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Lawsreplacements, including including, but not limited to, heating, ventilation, cooling, plumbing, telecommunications, electrical and any other systems (the Marijuana code“Systems”) within or serving the Premises, lighting fixtures, ballasts and bulbs, windows and window treatments, windows, glass and plate glass, doors, any special office entry, interior walls, finish work, and floors and floor coverings within or serving the Premises unless any such damage is caused by parties other than Tenant or a Tenant Party. In Landlord shall insure that the Systems will be in good working order and condition upon the Commencement Date. Landlord shall assign to Tenant all warranties that are legally assignable, and if not assignable, shall cooperate with Tenant to enforce such caseswarranties. Landlord agrees to assign, to the extent legally assignable, any and all manufacturers’ warranties for the Tenant Improvements, directly to the Tenant, which warranties shall include, but not be limited to, warranties for the Systems, which shall be the standard warranties available from the manufacturers. Additionally, Landlord acknowledges and agrees that any replacements made to any Systems, or any material components thereof (during the last 24 months of the then-existing Lease Term), shall be made by Landlord, and amortized over its useful life, and charged as a capital expense under the Operating Expense formula. Subject to compliance with any notice and right to cure provisions contained in this Lease, if Tenant shall fail to fulfill its obligations under this Section, the Landlord may enter upon the area of the Building or the Premises as required to perform the obligations of the Tenant, and will be entitled to reimbursement from the Tenant for its actual costs and expenses in conducting such obligations. The Tenant will reimburse the Landlord immediately for its actual costs and expense promptly upon demand for all costs incurred in performing such maintenance made by the Landlord. The provisions of this subparagraph will not be interpreted to obligate the Landlord to perform obligations of the Tenant. Tenant will not damage any demising wall of the Building, or disturb the integrity and support provided by any demising wall and will, at its sole cost and expense, promptly repair plus an administration fee equal any damage or injury to 5% of such actual and reasonable costs any demising wall caused by Tenant or expensesany Tenant Party.
Appears in 2 contracts
Samples: Lease Agreement (Precision Biosciences Inc), Lease Agreement (Precision Biosciences Inc)
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.
Appears in 2 contracts
Samples: Lease Agreement (Power REIT), Lease Agreement (Power REIT)
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereofterm of this lease, maintain in take good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion care of the Premises or any system or equipment in demised premises and the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) fixtures and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseappurtenances therein. Tenant shall be responsible for janitorial services all damage or injury to the demised premises or any other part of the building and trash removal the systems and equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant. Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the Premisesinstallation, 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 's expense, all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the trade or trades in question, selected from a list of at least two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and systems thereof for which Tenant is responsible shall be performed by Owner at the Tenant's expense. Landlord and Tenant intend that, at all times during the Term, Tenant Owner shall maintain the Premises in good working order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionexterior and the structural portions of the building, Landlord mayincluding the structural portions of its demised premises, on 10 days’ prior written and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises. Tenant agrees to give prompt notice (except that no notice of any defective condition in the premises for which Owner may be responsible hereunder. There shall be required no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising 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. It is specifically agreed that Tenant shall not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this Lease. Tenant agrees that Tenant's sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 4 shall not apply in the case of emergency), enter the Premises and perform such maintenance fire or repair on behalf of Tenant; provided such entry is made other casualty which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana codeArticle 9 hereof. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.Window Cleaning:
Appears in 2 contracts
Samples: Lease Agreement (Edison Schools Inc), Lease Agreement (Edison Schools Inc)
Maintenance and Repairs. 7.1 Tenant shall(a) Tenant, at its expense, throughout (i) shall keep the Term Leased Premises and all renewals fixtures contained therein in a safe, clean and extensions thereofneat condition, maintain and (ii) shall bear the cost of maintenance and repair, except for ordinary wear and tear, by contractors selected through a bidding process in good orderaccordance with Nueces County Purchasing Policies, condition of all facilities which are not expressly required to be maintained or repaired by Landlord and repair which are located in the Leased Premises, including but including, without limitation, lavatory, shower, toilet, wash basin and kitchen facilities. Tenant shall make all repairs to the Leased Premises not limited required to heating be made by Landlord with replacements of any materials to be made by use of materials of equal or better quality to those existing on the Leased Premises at the commencement of this Lease. Tenant shall do all decorating, remodeling, alteration and air conditioning equipmentpainting required by Tenant during the Lease Term. Tenant shall pay for the cost of any repairs to the Leased Premises or the Building made necessary by any negligence or willful misconduct of Tenant or any of its assignees, subtenants, employees or their respective agents, representatives, contractors, or other persons permitted in or invited to the Leased Premises or the Building by Tenant, except to the extent the repair or replacement is covered by Landlord’s insurance or the insurance Landlord is required to maintain under the terms of this lease, provided Tenant shall reimburse the amount of Landlord’s deductible payment under such insurance coverage. If Tenant fails to make such repairs or replacements within fifteen (15) days after written notice from Landlord after the occurrence of such damage, Landlord may at its option make such repairs or replacements, and Tenant shall upon demand pay Landlord for the cost.
(b) Landlord shall make all necessary repairs, within a reasonable period following receipt of notice of the need therefor from Tenant, to the roof, foundation, interior structure walls, floors all structural components, and ceilingsall systems such as mechanical, window exteriorselectrical, mechanical heating, ventilating and electrical systems air- conditioning and equipment exclusively serving the Premisesplumbing, electric light fixturesexterior walls, bulbs, tubes and tube casings, exterior doors, floor coveringsexterior locks on exterior doors and windows of the Building, dock doors, levelers, plumbing system and plumbing fixtures, Tenantto the common areas and to public corridors and other public areas of the Building not constituting a portion of any tenant’s signs premises and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to keep all Building standard equipment used by Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors in common with other tenants in good condition and repair and to extend to Tenantreplace same at the end of such equipment’s normal and useful life, as reasonable wear and if available, any bulk buying power that Landlord may have with such contractors or vendorstear and casualty loss excepted. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless notify Landlord of whether the benefit any item that is in need of such replacement extends beyond the Termrepair and that is Landlord’s responsibility to repair. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing All requests for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract repairs to Landlord shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf)writing. Landlord shall have make a repair for which Landlord is responsible within a reasonable period of time after Tenant provides Landlord written notice of the rightneeded repair. If Landlord fails to repair or maintain an item for which Landlord is responsible within 10 days after Tenant provides Landlord written notice of the needed repair or maintenance, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant may exercise Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesremedies under Section 22.
Appears in 2 contracts
Samples: Office Lease Agreement, Office Lease Agreement
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.
Appears in 2 contracts
Samples: Lease Agreement (Power REIT), Lease Agreement (Millennium Sustainable Ventures Corp.)
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereofterm of this lease, maintain in take good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion care of the Premises or any system or equipment in demised premises and the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Termfixtures and appurtenances therein. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. [4.1] Tenant shall be responsible for janitorial services all damage or injury to the demised premises or any other part of the building and trash removal from the Premisessystems and equipment hereof, whether requiring structural or nonstructural repairs causes by, or resulting from, carelessness, omission, neglect or improper conduct of tenant, Tenant’s subtenants, agents, employees, invitees or licensee, or which arise out of any work, labor, service or equipment done for, or supplied to, Tenant or any subtenant, or arising out of the installation, use or operations of this 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 expenses, all repairs in and to the demised premises for which Tenant’s responsible, using only the contractor for the trade or trades in question, selected from a list of at least per trade submitted by Owner. Any other [All] 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. Landlord Owner shall maintain in good working order and repair the exterior and the structural portions of the building, including the structural portions of the demised premises, and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises. Tenant intend thatagrees to give prompt notice of any defective condition in the demised premises for which Owner may be responsible hereunder. There shall be no allowance to Tenant for dinisution of rental value and no liability on the part of Owner by reason of inconvenience, at all times during annoyance or injury to business arising from Owner or others making repairs, alterations, additions or improvements in or to any portion of the Termbuilding or the demised premises, or in and to the fixtures, appurtenances or equipment thereof. [4.2] It is specifically agreed that Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the balance covenants of the Propertythis or any other article of this lease. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant agrees that Tenant’s sole expenseremedy at law in such instance will be by way of an action for damages for breach of contract. If Tenant fails to maintain and repair The provisions of this Article 4 shall not apply in the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency)fire or other casualty, enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesArticle 9 hereof.
Appears in 2 contracts
Samples: Sub Lease Agreement (Loxo Oncology, Inc.), Lease Agreement (Loxo Oncology, Inc.)
Maintenance and Repairs. 7.1 Tenant Any guaranties and warranties shall inure for a period of time from contractors and/or manufacturers resulting from the initial construction, thereafter, Sublessee shall, at its sole expense, throughout be responsible for maintaining the Term Leased Premises in a good, orderly and all renewals and extensions thereof, maintain in good order, safe condition and state of repair and shall, to the Premisesreasonable satisfaction of Sublessor, including but not limited make all repairs required to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such itemsbe made thereto (except those, if any, that have been to be made by Landlord’s contractors Sublessor pursuant to Exhibit D), including, without limitation, interior and exterior window cleaning and repairs or vendors replacements to those components of the heating system, plumbing system, water system, electrical system,‘air conditioning system and carpeting and wall coverings which are located within the Leased Premises or serve Leased Premises exclusively. Sublessee shall be responsible for cleaning the Leased Premises and depositing trash in receptacles acceptable to extend to TenantSublessor. Sublessor shall enter into a maintenance contract for the maintenance and repair of the heating, as plumbing, water, electrical, and if availableair conditioning systems. Sublessee shall also repair, at its sole expense, any bulk buying power damage to the Property, the Leased Premises, the Building or any appurtenances thereto caused by the misuse or negligence of Sublessee, its employees or invitees. Sublessee agrees to replace all broken glass with glass of the same size and quality of that Landlord may broken. Sublessee shall not be entitled to any partial or total abatement of rent for periods during which repairs are required to be made, whether such repairs are the responsibility of Sublessor or Sublessee; provided, however, if the Leased Premises shall, for a period of three (3) consecutive business days, be untenantable (e.g., shall lack any service or operation which Sublessor is required to provide hereunder the lack of which adversely affects the continued operation in the ordinary course of Lessee’s business),’ then all fixed rent and additional rent and other amounts payable by Sublessee hereunder shall thereafter be abated in proportion to such untenantability until the day such service or operation is completely restored. Sublessee shall have with such contractors or vendors. If any portion no right of access to the roof of the Premises or the Building and shall not install, repair, place or replace any system aerial, fan, air conditioner or equipment in other device on the roof of the Premises or the Building without the prior written consent of Sublessor, which Tenant is obligated to repair canwill not be fully repairedunreasonably withheld or delayed. Any aerial, Tenant fan, air conditioner or device installed without such written consent shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shallbe subject to removal, at TenantSublessee’s expense, maintain a preventive maintenance contract providing for without notice at any time. Sublessor shall repair at Sublessee’s expense, any damage to the regular inspection (at least quarterly) Building or roof resulting from the installation, repair, use, or replacement of any such air conditioner or other device. Sublessee may install, with Sublessor’s consent, which shall not be unreasonably Withheld, antennas and maintenance microwave antennas so long as Sublessor is held harmless in the use and construction of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract antennas and in such case the event the installation and use voids or impairs the roof warranty, Sublessee shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall hold Sublessor harmless and be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.
Appears in 1 contract
Maintenance and Repairs. 7.1 By taking possession of the Premises Tenant shall, at its expense, throughout agrees that the Term Premises are then in a good and all renewals and extensions thereoftenantable condition. Tenant shall be responsible to clean, maintain in good order, condition and repair the Premises, including providing janitorial services and disposal of trash; and to that end, during the Term, Tenant, at Tenant's expense but not limited to heating under the direction of Landlord, shall repair and maintain the Premises, including, without limitation, any elevator, the heating, ventilating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical system or systems and equipment exclusively serving the Premises, electric light the electrical and plumbing systems serving the Premises, including the lighting and plumbing fixtures, bulbsthe restrooms serving the Premises, tubes interior stairways in the Premises, the interior and tube casingsexterior glass, doorsplate glass skylights, interior walls, floor coverings, dock doorsceiling (ceiling tiles and grid), levelersTenant Improvements, plumbing system Alterations, fire extinguishers, outlets and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant any appliances (including dishwashers, hot water heaters and garbage disposers) in the benefit from warranties on such itemsPremises, if anyin a first class condition, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of keep the Premises or any system or equipment in a clean, safe and orderly condition. Prior to the Premises 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 Tenant is obligated contract and company shall be subject to repair canLandlord's prior approval, which shall not be fully repairedunreasonably withheld or delayed), Tenant shall promptly replace the sameto maintain, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection on an ongoing basis (at least quarterly), the heating, ventilating and air-conditioning system serving the Premises. Prior to the Commencement Date Landlord shall (a) re-caulk the Building, (b) repaint the exterior of the Building, (c) repair and re-coat the roof of the Building, and (d) cause the following systems (collectively, the "Building Systems") to be inspected and placed in good working order and repair: (i) electrical, (ii) plumbing, (iii) heating, ventilating and air-conditioning, and (iv) life safety systems. If, during the thirty (30) days following the Commencement Date, any of the Building Systems cease being in good working order and repair, and Tenant gives Landlord written notice of such failure within such thirty (30) days following the Commencement Date, then Landlord shall cause such Building System to be placed in good working condition and repair, at no cost to Tenant. Except for any repairs and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake which are the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Landlord pursuant to the immediately preceding sentence, Tenant shall be responsible for janitorial services all repairs and trash removal maintenance of the Building System commencing on the thirty- first (31st)day following the Commencement Date. Tenant acknowledges that the sewer piping at the Development is made of ABS plastic. Accordingly, without Landlord's prior written consent, which consent may be granted or withheld in Landlord's sole discretion, Tenant shall allow only ordinary domestic sewage to be placed in the sewer system from the Premises. UNDER NO CIRCUMSTANCES SHALL TENANT EVER PLACE, at Tenant’s expense. OR ALLOW TO BE PLACED, ANY ESTERS OR KETONES (USUALLY FOUND IN SOLVENTS TO CLEAN UP PETROLEUM PRODUCTS) IN THE DRAINS OR SEWER SYSTEM, FROM THE PREMISES.
7.2 Landlord and Tenant intend thatshall (a) maintain or cause to be maintained in reasonably good order, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with repair, the balance structural portions of the Property. All roof, foundations, floors and exterior walls of the Building, and the public and common areas outside of the Building, (b) that portion of the electrical, water and sanitary sewer systems serving the Building and located outside the Building, (c) wash the exterior windows of the Building on a periodic basis, (d) caulk exterior window joints and concrete slabs and (e) paint the exterior of the Building, all of which shall be included as a part of Operating Costs, subject to the terms and conditions contained in Section 3.2 of this Lease; provided, however, if any maintenance or repair of electrical, water and sanitary sewer systems outside the Building is caused by Tenant’s obligations to maintain 's misuse of such system, the costs of such maintenance and repair shall not constitute a capital expenditure for the purposes of Section 3.2 of this Lease. Landlord shall be accomplished 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’s sole expense. If , and without constituting an eviction, constructive or otherwise, or entitling Tenant fails to maintain any abatement of rent or to terminate this Lease or otherwise releasing Tenant from any of Tenant's obligations under this Lease :
(a) To make alterations, additions, repairs, improvements to or in or to decrease the size of area of, all or any part of the Building, the fixtures and repair equipment therein, and the Premises as required by this Section, Landlord may, on 10 days’ prior written notice Building Systems (except that no notice Landlord shall not have any right under this provision to materially reduce the size of the Building, or permanently, materially and adversely affect Tenant's access to and use of the Premises, except only as may be required to comply with Laws or as a result of any fire or other casualty, or Condemnation);
(b) To 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, increase, enclose or otherwise change at any time and from time to time the size, number, location, lay-out and nature of the common areas (including the Parking Facility) and other tenancies and premises in case the Property and to create additional rentable areas through use or enclosure of emergencycommon 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"), enter to comply with such Controls, whether mandatory or voluntary, or make any alterations to the Premises and perform such maintenance Property related thereto.
(f) In exercising its rights under this Section 7.3, Landlord agrees to use reasonable efforts to minimize any interruption to or repair on behalf disruption of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, 's use of the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesPremises.
Appears in 1 contract
Samples: Sublease (Clarent Corp/Ca)
Maintenance and Repairs. 7.1 Tenant shall(a) Landlord, at its sole cost and expense, throughout shall maintain in a good state of repair all structural portions of the Term walls, floors and all renewals foundations except for any repairs caused by the wrongful or negligent act of Tenant or its agents. Landlord shall also be responsible for replacement of the roof if necessary, in Landlord's sole discretion.
(b) Tenant at Tenant's sole cost and extensions thereof, expense shall maintain the Premises and appurtenances and every part thereof (excepting those items which Landlord is obligated to repair pursuant to Section 8.1(a)) in good order, condition and repair, including, but not limited to, exterior glass and the interior surfaces of the ceilings, roof, walls and floors, all doors, locks, windows, all plumbing pipes, electrical wiring, switches, fixtures, signs and equipment installed by or at the expense of Tenant. Tenant expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Tenant the right to make repairs at Landlord's expense or to terminate this Lease because of Landlord's failure to keep the Premises in good order, condition and repair. Tenant's maintenance, repair, and replacement obligations shall specifically include the HVAC system of the Premises. Tenant shall employ, at Tenant's sole cost and expense, during the entire Term and any extensions thereof, qualified companies (licensed in the State where the Property is located) to provide regular inspection, maintenance (including, without limitation, routine maintenance such as filter changes), repair, and replacement of the HVAC system. It is the intention of the parties that Tenant shall, in all events and for any reason whatsoever, be solely responsible for the maintenance, repair and/or replacement of the HVAC system serving the Premises and that Landlord shall have no obligation, and shall incur no cost, for the maintenance, repair and/or replacement of the HVAC system serving the Premises. Notwithstanding the foregoing, upon the expiration or earlier termination of this Lease, the HVAC system serving the Premises (including any maintenance work, repairs, and/or replacements thereof by Tenant) shall be the sole property of Landlord. Further, upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises in the same condition as received, ordinary wear and tear and damage by earthquake, act of God or the elements alone excepted, and shall promptly remove or cause to be removed at Tenant's expense from the Premises any signs, notices and displays placed by Tenant. Tenant agrees to repair any damages to the Premises caused by or in connection with the removal of any articles of personal property, business or trade fixtures, machinery, equipment, cabinetwork, furniture, moveable partition or permanent improvements or additions, including without limitation thereto, repairing the floor and patching and painting the walls where required by Landlord to Landlord's reasonable satisfaction, all at Tenant's sole cost and expense. Tenant shall indemnify the Landlord for, from, and against any Claims resulting from delay by Tenant in so surrendering the Premises, including but not limited without limitation any Claims made by any succeeding Tenant based upon such delay. In the event Tenant fails to heating maintain the Premises in good order, condition and air conditioning equipmentrepair, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving Landlord shall give Tenant notice to do such acts as are reasonably required to so maintain the Premises. In the event Tenant fails to promptly commence such work and diligently prosecute it to completion, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. then Landlord shall use reasonable efforts have the right to extend do such acts and expend such funds at the expense of Tenant as are reasonably required to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employeework. The cost of such preventive maintenance contract Any amount so expended by Landlord shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly promptly after demand with interest at ten percent (10%) per annum or the maximum rate allowable by Landlord to Tenant where Landlord on Tenant’s behalf enters into law from the date of such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf)work. Landlord shall have no liability to Tenant for any damage, inconvenience or interference with the right, upon notice to Tenant, to undertake use of the responsibility for preventive maintenance Premises by Tenant as a result of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. performing such work.
(c) Landlord and Tenant intend thatshall each do all acts required to comply with all applicable laws, at all times during ordinances, regulations and rules of any public authority relating to their respective maintenance obligations as set forth herein.
(d) Tenant acknowledges that mold spores are present essentially everywhere and that mold can grow in most any moist location. Emphasis is properly placed on prevention of moisture and on good housekeeping and ventilation practices. Tenant acknowledges the Termnecessity of housekeeping, ventilation and moisture control (especially in kitchens, janitor's closets, bathrooms, break rooms and around outside walls) for mold prevention. Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations agrees to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionimmediately notify Landlord if it observes mold/mildew and/or moisture conditions (from any source, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergencyincluding leaks), enter the Premises and perform such maintenance or repair on behalf allow Landlord to evaluate and/or make recommendations. Tenant waives and indemnifies Landlord and Landlord's property manager for, from and against all liabilities, claims, losses, causes of Tenant; provided such entry is made in compliance with Applicable Lawsaction, including but not limited tocharges, the Marijuana code. In such casespenalties, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable damages, costs or expensesexpenses (including reasonable attorneys' fees and costs), of whatsoever character, nature or kind, whether to property or person, whether by direct or derivative action, and whether known or unknown, suspected or unsuspected or latent or patent in any way arising from or relating to or associated with moisture or the growth of or occurrence of mold or mildew on the Premises. Tenant acknowledges that the control of moisture and mold prevention are material obligations of Tenant under this Lease.
Appears in 1 contract
Samples: Commercial Lease
Maintenance and Repairs. 7.1 10.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the TermLease Term and at Tenant's sole cost and expense, Tenant maintain, repair and replace all parts of the Premises (other than those portions of the Premises that are Landlord's responsibility pursuant to section 10.2 below), and shall maintain the Premises all fixtures and appliances in good order and condition operating condition, ordinary wear and appearances reasonably commensurate with tear and damage thereto by fire or other casualty excepted. Tenant will also repair, or reimburse Landlord for, any blockage of or damage to the balance sewer lines and sewer system at the Business Center that results from anything that enters the sewer lines from the Premises (and such entry was not caused or triggered by any acts or omissions of Landlord or any of its agents, employees, affiliates, officers, directors, members, managers, partners, contractors, subcontractors, or other representatives). Tenant will provide and pay for all garbage removal from the Property. All of Tenant’s obligations Premises and shall arrange for all janitorial services to maintain and repair shall be accomplished the Premises at Tenant’s 's sole cost and expense. If Landlord designates a garbage removal service for the Business Center, Tenant fails will use that service and pay Tenant's pro rata share of the cost on the first day of each calendar month in advance. Tenant will perform all repairs and replacements with first-class materials and with first-class workmanship. Anything herein to the contrary notwithstanding, it shall be Landlord’s responsibility, and not Tenant’s responsibility, to replace the HVAC equipment and/or HVAC systems serving the Premises if Landlord determines in its reasonable discretion that such HVAC equipment and/or HVAC systems serving the Premises needs to be replaced. Tenant will, at Xxxxxx's sole cost, maintain throughout the Lease Term a regularly scheduled preventative maintenance and service contract or contracts with a contractor or contractors specializing and experienced in the maintenance of HVAC equipment, for the maintenance of the HVAC Systems serving solely the Premises. The maintenance and service contract shall include all services suggested by the equipment manufacturer (including requiring that the filters be changed at least every 60 days) and shall become effective (and Tenant shall deliver a copy to Landlord) within ninety (90) days after the Commencement Date. Tenant shall at all times maintain the HVAC Systems serving solely the Premises in compliance with all applicable federal, state and local laws. If a leak occurs in any portion of the HVAC Systems serving solely the Premises, Tenant shall promptly repair such leak in compliance with all applicable federal, state and local laws and complete such repairs within any deadline imposed by such federal, state or local laws. Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees and disbursements, arising from or related to any failure by Tenant to maintain, or cause to be maintained, the HVAC Systems in compliance with all applicable federal, state and local laws or any failure by Tenant to repair any leak in any portion of the HVAC Systems in compliance with all applicable federal, state and local laws. If Tenant replaces any part or component of the HVAC Systems and receives a warranty from the manufacturer or a guaranty by the installer, Tenant shall furnish a duplicate original of each such warranty and guaranty to Landlord. Tenant shall, at the end of the term of this Lease, surrender to Landlord the Premises with the HVAC Systems in good condition and working order, ordinary wear and tear and damages thereto by Casualty excepted. Notwithstanding the provisions of this section 10.1 to the contrary, Landlord may at any time, upon thirty (30) days' notice to Tenant, assume maintenance of the HVAC Systems, in which case Tenant will reimburse Landlord for the cost reasonably incurred by Landlord in maintaining, repairing and replacing such HVAC Systems within thirty (30) days following demand from Landlord; provided, however, that the cost of any capital repairs or replacements of the HVAC Systems shall be reasonably amortized as determined by Landlord and consistent with prudent real property management practices for comparable buildings in the Menlo Park area, together with interest thereon at the rate of seven percent (7%) per annum. Tenant hereby waives all rights under California Civil Code section 1941 and all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises as required provided by California Civil Code section 1942 or any other law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise, other than as expressly provided in this SectionLease, to alter, remodel, improve, repair, maintain, decorate or paint the Premises or the Building or any part thereof or any equipment, fixtures or improvements therein.
10.2 Landlord mayshall maintain the structural elements and exterior portions of the Building, on 10 days’ prior written notice (except that no notice including without limitation the roof, foundation, footings, floor slab and load bearing walls, in reasonably good order and condition and, during the Warranty Period, shall maintain the Building Systems in good condition and repair. In addition, it shall be required in case of emergency)Landlord’s responsibility, enter and not Tenant’s responsibility, to replace the HVAC equipment and/or HVAC systems serving the Premises if Landlord determines in its reasonable discretion that such HVAC equipment and/or HVAC systems serving the Premises needs to be replaced. Any damage in or to any such areas or elements caused by Tenant or any agent, employee, contractor, licensee or invitee of Tenant shall be repaired by Landlord at Tenant's expense and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon therefor within thirty (30) days following Xxxxxx’s receipt of written demand therefor, as additional rent. Landlord shall not be liable for all costs incurred in performing such maintenance any criminal acts of others or repair plus an administration fee equal for any direct, consequential or other loss or damage related to 5% any malfunction, circumvention or other failure of such actual and reasonable costs any access control service, device or expensespersonnel.
Appears in 1 contract
Samples: Lease (Talis Biomedical Corp)
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout shall maintain the Term and all renewals and extensions thereof, maintain Premises in good order, and safe condition and repair Tenant shall be required to make all repairs, replacements and alterations to the non-structural portions of the Premises, including including, but not limited to, all lines, apparatus, and equipment relating to heating utilities from the point they serve the Premises exclusively, whether located inside or outside (including electricity, plumbing, sewerage, HVAC, water, and air conditioning equipmentgas), wallsstorefronts or entrances, interior and exterior doors, windows, ceilings, floors and ceilingsfloor coverings, window exteriorsplate glass, mechanical sprinklers, fixtures, equipment, Tenant’s personal property, signs, and electrical other systems and equipment exclusively serving the Premises, electric light fixtureswhether located inside or outside. Landlord shall not provide janitorial services to the Premises. Tenant shall be solely responsible, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, at Tenant’s signs sole cost and utility facilities expense, for performing all janitorial services and other cleaning of the Premises appropriate to maintain the Premises in a first-class manner consistent with the nature of the Project, in a manner and by contractors approved by Landlord (which approval shall not maintained be unreasonably withheld, delayed or conditioned). As provided in Section 11.1, Tenant shall enter into a service contract for the regular maintenance of the HVAC system serving the Premises, (at least quarterly), with service providers reasonably approved by Landlord. Landlord shall use reasonable efforts to extend to Tenant repair and maintain the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors structural and to extend to Tenant, as exterior portions and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion Common Area of the Building and the Project (including the Premises), including roofing and roof membrane, and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; all Building systems to the extent not exclusively serving the Premises or any including only Common Area electrical, sprinklers, fire life safety; Building system or equipment in underground utilities and drains, to the extent not maintained by public utility providers (and excluding systems exclusively servicing the Premises which are the responsibility of Tenant); provided, however, that if the need for such repairs arises out of an act or omission of Tenant is obligated to repair cannot be fully repairedor Tenant’s specific use of the Premises, in which case Tenant shall promptly replace make the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractorrepairs, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so electsat Landlord’s option, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have make the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component repairs at Tenant’s expense. Tenant shall be responsible for janitorial services hereby waives and trash removal from the Premisesreleases its right to make repairs at Landlord’s expense under any Applicable Laws, at Tenant’s expenseor under any similar law, statute, or ordinance now or hereafter in effect. Landlord and Tenant intend thatreserves the right to perform any repairs, at all times during the Term, Tenant shall maintain replacements or maintenance on the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If if Tenant fails to maintain and repair the Premises as required by comply with its obligations under this Section, Landlord may, on 10 days’ prior written notice (except that no notice the cost of which shall be required in case paid by Tenant to Landlord within ten (10) days after written demand, plus a commercially reasonable administrative fee not to exceed five percent (5%) of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% cost of such actual and reasonable costs or expensesrepairs.
Appears in 1 contract
Samples: Lease (Design Therapeutics, Inc.)
Maintenance and Repairs. 7.1 (a) Subject to Landlord's obligations under Section 17 hereof, Tenant shall, at its own cost and expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the interior of the Demised Premises, including but not limited to heating the heating, air conditioning and ventilation systems, glass, windows and doors, sprinkler, all components of any plumbing and sewage systems located within or under the Demised Premises [i.e., inside of the exterior walls and the middle of any interior demising walls of the Demised Premises, and/or within or under the floor slab or the underlying foundation], fixtures, interior walls, floors (including floor slabs, unless specifically reserved unto Landlord in subsection (b) below), ceilings, storefronts, gutters, flashing and downspouts, plate glass, skylights, all electrical facilities and equipment including, without limitation, lighting fixtures, lamps, fans and any exhaust equipment and systems, electrical motors, and all other appliances and equipment (including, without limitation, dock levelers, dock shelters, dock seals and dock lighting) of every kind and nature located in, upon or (to the extent exclusively serving the Demised Premises) about the Demised Premises, except as to such maintenance and repair as is the obligation of Landlord pursuant to Section 10(b). During the Term, Tenant shall maintain in full force and effect a service contract for the maintenance of the heating, ventilation and air conditioning equipmentsystems with an entity reasonably acceptable to Landlord. Tenant shall deliver to Landlord (i) a copy of said service contract prior to the Lease Commencement Date, and (ii) thereafter, a copy of a renewal or substitute service contract within thirty (30) days prior to the expiration of the existing service contract. Tenant's obligation shall exclude any maintenance and repair required because of the act or negligence 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 roof (including, without limitation, keeping the same free of leaks), foundation (beneath the floor slab, provided that Landlord shall repair any damage to the floor slab resulting solely from improperly compacted subgrade located beneath the same), exterior walls, floors columns, and ceilingsstructural frame of the Building. Landlord's obligation shall exclude the cost of any maintenance or repair required because of the act or negligence of Tenant or Tenant's agents, window exteriorscontractors, mechanical employees and electrical systems invitees (collectively, "Tenant's Affiliates"), the cost of which shall be the responsibility of Tenant.
(c) Unless the same is caused solely by the negligent action or inaction of Landlord, its employees or agents, and equipment exclusively serving 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, electric light fixturesor 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.
(d) Landlord shall give Tenant two (2) days prior written notice of any repairs or replacements required of Landlord pursuant to subsection 10(b) above to, bulbsor which would otherwise materially adversely affect the normal operation of Tenant's business in, tubes and tube casingsthe Demised Premises [except in the case of an emergency posing significant risk of physical damage to the Demised Premises or any other part of the Building, doorsincluding, floor coverings, dock doors, levelers, plumbing system and plumbing fixtureswithout limitation, Tenant’s signs and utility facilities not maintained 's property located within the Demised Premises, or injury to persons, in which event Landlord shall only be required to give such notice (including oral notice to any on-site, management personal, provided such oral notice is followed by Landlordwritten notice given in the manner provided for notices herein within three (3) days of such oral notice) as is reasonable under the circumstances]. Landlord shall use reasonable efforts to extend perform such repairs or replacements in a manner that does not interfere with the operation of Tenant's business at the Demised Premises (or any portion thereof).
(e) If (i) Landlord has failed to commence any repair of the Demised Premises, as required in subsection 10(b) above, within seven (7) days after written notice from Tenant specifying which repair Landlord has failed to perform (or, in the benefit case of leaks in the roof of the Demised Premises that otherwise meet the conditions required for "self-help" hereinbelow, within twenty-four (24) hours after written notice from warranties on Tenant specifying same), or (ii) Landlord has failed to complete any repair of the Demised Premises, as required in subsection 10(b) above, within thirty (30) days after written notice from Tenant specifying which repair Landlord has failed to complete (provided such itemsrepair is reasonably capable of being completed within such thirty (30) day period), if anyand, in Tenant's reasonable opinion, "self-help" measures are necessary in an emergency situation to prevent significant physical damage to the Demised Premises (including Tenant's property located within the Demised Premises) or injury to persons, Tenant may exercise such self-help to perform or complete such repair, as the case may be, after giving Landlord such notice of Tenant's intent to do so as is reasonable under the circumstances (it being acknowledged that oral notice may be appropriate in certain emergency situations, but that any such oral notice must be followed by written notice given in the manner provided for notices herein within three (3) days of such oral notice); provided, however, that have been made by Landlord’s contractors or vendors and in performing any such self-help with respect to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion the roof of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repairedDemised Premises, Tenant (i) shall promptly replace the sameonly use a manufacturer approved, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning roof contractor, and (ii) shall not void or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of impair any other system or component at Tenant’s expenseapplicable roof warranty. Tenant shall be responsible entitled to recover from Landlord the reasonable and actual out-of-pocket cost of any such self-help measures, and Landlord shall pay such amount to Tenant within forty-five (45) days after Tenant's request for janitorial services and trash removal from the Premisesreimbursement as described below. In addition, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, any requests for reimbursement made by Tenant shall maintain be accompanied by such documentation as Landlord shall reasonably require showing the Premises in good order actual costs incurred by Tenant, and condition by full and appearances reasonably commensurate with final lien waivers from all contractors performing the balance work. If Landlord has not paid to Tenant such amount or given Tenant notice of its objection to such amount within such forty-five (45) day period, or if Landlord's objection to such amount is resolved against Landlord by agreement of the Property. All parties or by a court of Tenant’s obligations competent jurisdiction to maintain which the dispute has been submitted by either party, then Tenant may offset the reasonable and repair shall actual out-of pocket cost of such self-help measures from future Monthly Base Rent Installments next coming due hereunder until Tenant has been reimbursed in full therefor, such offset for any given month to be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionup to, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited toto exceed, one-half (1/2) of the Marijuana code. In Monthly Base Rental Installment due for such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesmonth.
Appears in 1 contract
Samples: Industrial Lease Agreement (Barnesandnoble Com Inc)
Maintenance and Repairs. 7.1 By taking possession of the Premises Tenant shallagrees that the Premises are then in a good and tenantable condition. Notwithstanding the foregoing, prior to the Commencement Date Landlord shall cause the following systems (the “MEP Systems”) to be inspected and placed in good working order and repair: (i) electrical, (ii) plumbing, and (iii) heating, ventilating and air-conditioning. If, during the first sixty (60) days of the Term, any MEP System is not in the condition required by the foregoing sentence, Tenant shall notify Landlord, of the need for repair within sixty (60) days following the Commencement Date, and the repair shall be promptly be completed by Landlord at its expense, throughout no cost to Tenant. Landlord hereby assigns to Tenant all warranties with respect to the Term Premises which would reduce Tenant’s maintenance obligations hereunder and shall cooperate with Tenant to enforce all renewals and extensions thereofsuch warranties. Tenant shall be responsible to clean, maintain in good order, condition and repair the Premises, including providing janitorial services and disposal of trash; and to that end, during the Term, Tenant, at Tenant’s expense but not limited to heating under the direction of Landlord, shall repair and maintain the Premises, including, without limitation, any elevator, the heating, ventilating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical system or systems and equipment exclusively serving the Premises, electric light the electrical and plumbing systems serving the Premises, including the lighting and plumbing fixtures, bulbsthe restrooms serving the Premises, tubes interior stairways in the Premises, the interior and tube casingsexterior glass, doorsplate glass skylights, interior walls, floor coverings, dock doorsceiling, levelers(ceiling tiles and grid). Tenant Improvements, plumbing system Alterations, fire extinguishers, outlets and fixtures, and any appliances (including dish washers, 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. With respect to the electrical and plumbing fixturessystems serving the Premises, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services the maintenance and trash removal repair of any such systems only to the point where such systems join a main or other junction (e.g., sewer main or electrical transformer) serving more than one user. On or before the 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 reasonable approval), to maintain, on an ongoing basis (at least quarterly), the heating, ventilating and air-conditioning system serving the Premises. In addition to the foregoing, Tenant acknowledges that the sewer piping at the Development is made of ABS plastic. Accordingly, without Landlord’s prior written consent, which consent may be granted or withheld in Landlord’s sole discretion, Tenant shall allow only ordinary domestic sewage to be placed in the sewer system from the Premises. UNDER NO CIRCUMSTANCES SHALL TENANT EVER PLACE, OR ALLOW TO BE PLACED, ANY ESTERS OR KETONES (USUALLY FOUND IN SOLVENTS TO CLEAN UP PETROLEUM PRODUCTS) IN THE DRAINS OR SEWER SYSTEM, FROM THE PREMISES.
7.2 Landlord shall (a) maintain or cause to be maintained in reasonably good order, condition and repair, the structural portions of the roof, foundations, floors and exterior walls of the Building, and the public and common areas outside of the Building, (b) wash the exterior windows of the Building on a periodic basis, (c) caulk exterior window joints and concrete slabs and (d) paint the exterior of the Building, all of which shall be included as a part of Operating Costs, subject to the terms and conditions contained in Section 3.2 of this Lease. 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), 1.941 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’s expense. Landlord , and without constituting an eviction, constructive or otherwise, or entitling Tenant intend that, at all times during the Term, to any abatement of rent or to terminate this Lease or otherwise releasing Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All from any of Tenant’s obligations under this Lease:
(a) To make alterations, additions, repairs, improvements to maintain or in or to decrease the size of area of, all or any part of the Building, the fixtures and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain equipment therein, and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice Building Systems (except that no notice Landlord shall not have any right under this provision to reduce the size of the Premises, or to permanently, materially and adversely affect Tenant’s access to and use of the Premises, except only as may be required to comply with Laws or as a result of any fire or other casualty or Condemnation);
(b) To 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, increase, enclose or otherwise change at any time and from time to time the size, number, location, lay-out and nature of the common areas (including the Parking Facility) and other tenancies and premises in case the Property and to create additional rentable areas through use or enclosure of emergencycommon 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”), enter to comply with such Controls, whether mandatory or voluntary, or make any alterations to the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesProperty related thereto.
Appears in 1 contract
Maintenance and Repairs. 7.1 Tenant shallExcept as otherwise provided herein, Landlord at its own cost and expense shall maintain and keep in good repair all portions of the Warehouse Premises (specifically excluding the Demised Premises) and the grounds, including, without limitation, the roof and the exterior walls of the building, roadways, railways and sidewalks surrounding such building, and including all mechanical equipment and fixtures such as sprinkler systems, windows, doors, floors, heating, plumbing, air-conditioning equipment, refrigeration equipment (including such equipment within the Demised Premises), sewer system and electrical wiring. Landlord shall provide reasonable services for snow removal from Tenant's access road and parking area. Tenant, at its own cost and expense, throughout shall maintain and keep in good repair all portions of the Term Demised Premises and shall preserve same free from obnoxious odors, vermin, rubbish, debris or any other foreign matter, keep it in a clean and sanitary manner, and shall make all repairs to the Demised Premises necessary to maintain the Demised Premises in its condition at the Commencement Date, reasonable wear and tear excepted. Tenant shall also at its own cost and expense maintain and keep in good repair any and all renewals mechanical equipment and extensions thereof, maintain in good order, condition fixtures furnished or installed by it for the Demised Premises and shall be responsible for the maintenance and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical of all electrical wiring and electrical systems equipment for all of Tenant's equipment installed by Tenant in the Demised Premises. Tenant agrees to keep faucets closed so as to prevent waste of water and equipment exclusively serving flooding of premises and to promptly take care of any leakage or stoppage in any of the water, gas or waste pipes. The Tenant agrees to maintain adequate heat to prevent freezing of pipes. Tenant shall provide snow removal from sidewalks and pedestrian entrances. In addition to all other amounts paid by Tenant to Landlord hereunder, Tenant shall pay in advance to Landlord the total of $[...***...] which amount shall serve as a maintenance reserve for the Demised Premises for Tenant's maintenance expense incurred in maintaining the Demised Premises. During the term of this Sub-Lease, electric light fixturessaid maintenance reserve may be used by Landlord for repair and maintenance expenses incurred in repairing and maintaining the existing Demised Premises excluding the payment for tenant improvements or additions and alterations of the Demised Premises. From time to time, bulbsTenant may submit requests to Landlord to pay for said reasonable repairs and maintenance from said maintenance reserve. Said request shall be approved by Landlord within 15 days of said request unless said expenditure is not for the repair and maintenance of the existing Demised Premises. Upon approval of said request, tubes and tube casingsTenant shall contract to make said repairs only with contractors approved by Landlord or Tenant's employees, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained if approved by Landlord. Landlord may from time to time require Tenant to make all repairs necessary to maintain the Demised Premises in its condition on the Commencement Date, reasonable wear and tear excepted. In the event Tenant does not commence said repairs within 30 days from Landlord's request, then Landlord shall use reasonable efforts have the unconditional right to extend to make said repairs and deduct the total cost of the same from said maintenance reserve and xxxx Tenant for the benefit cost of said repairs in excess of said maintenance reserve. Any bills submitted by Landlord and not paid within 15 days from warranties on such itemsthe date of invoice shall bear interest at 16% per annum. Tenant shall be liable for the payment of all said repair and maintenance expense for the Demised Premises in excess of the maintenance reserve, if anyhowever, that at the end of this Sub-Lease term, any remaining balance in the maintenance reserve after the Demised Premises have been made by Landlord’s contractors or vendors and returned to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of in its condition on the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract Commencement Date shall be paid by Tenant and an expense solely chargeable Landlord to Tenant; but if . Tenant shall surrender the Demised Premises in as good condition as same were at the Commencement Date, reasonable wear and tear only excepted. If such maintenance reserve shall for any reason or at any time fall below or be less than $[...***...], then Tenant shall have 30 days after Landlord so elects, same may be billed directly by invoices Tenant for such deficiency in which to pay Landlord to Tenant where Landlord on Tenant’s behalf enters for deposit into such preventive maintenance contract and in reserve an amount so as to keep the maintenance reserve at $[...***...] at all times. If Tenant does not pay such case shall be deemed Additional Rent (amounts to Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). for deposit within the 30 days as aforementioned, Landlord shall have the right, option to terminate this Sub-Lease upon 30 days written notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.
Appears in 1 contract
Samples: Sub Lease Agreement (Surebeam Corp)
Maintenance and Repairs. 7.1 Tenant The Lessor shall provide for interior maintenance and repairs in accordance with generally accepted good practices, including repainting, the replacement of worn or damaged floor covering and repairs or replacement of interior equipment as may be necessary due to normal usage. The Lessee shall, during the term of this lease, keep the interior of the demised premises in as good a state of repair as it is at its expensethe time of the commencement of this lease, throughout reasonable wear and tear and unavoidable casualties excepted. The Lessor shall provide office cleaning and building security at no additional charge to the Term Lessee. Lessee is responsible for permitting the professional cleaning vendor access to their leased office space. Office cleaning is normally done the evenings of Wednesdays and all renewals on the weekends. In order to keep our building sanitary, it is CSC policy that any food waste be disposed of in the kitchen area waste baskets only. Lessor is a green-friendly office and extensions thereofdoes recycle paper, cardboard, glass and plastic products. Lessee is responsible for the insurance of personal property, and must provide Lessor with a current proof of general liability insurance on a recurring basis. Subject to the terms and conditions of the Condominium Associations’ rules and regulations, the Lessor shall maintain and keep in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion exterior of the Premises or any system or equipment in demised premises during the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless term of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) this lease and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services the replacement of all windows broken or damaged in the demised premises, except such breakage or damage caused to the exterior of the demised premises by the Lessee, its officers, agents or employees. Subject to the terms and trash removal from conditions of the PremisesCondominium Associations’ rules and regulations, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant Lessor shall maintain the Premises in good order interior and condition and appearances reasonably commensurate with the balance exterior of the Propertydemised premises including grounds and parking area so as to conform to all applicable health and safety laws, ordinances and codes which are presently in effect and which may subsequently be enacted during the term of this lease and any renewal periods. All of Tenant’s obligations to maintain and repair Vehicle parking shall be accomplished at Tenant’s sole expenselimited to marked locations (CSC) and extra parking spaces to the west of the office building. If Tenant fails Subject to maintain the terms and repair conditions of the Premises as required by this Section, Landlord may, on 10 daysCondominium Associations’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises rules and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited toregulations, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand Lessor agrees to furnish pest control services for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% the leased premises during the term of such actual and reasonable costs or expensesthe lease at the expense of the Lessor.
Appears in 1 contract
Samples: Commercial Lease Agreement
Maintenance and Repairs. 7.1 6.1 Except as provided in Section 6.2, Tenant shallagrees that it shall perform all repairs of whatever kind and nature, at its expenseforeseen or unforeseen, throughout as may be required to keep the Term demised premises and all renewals and extensions thereof, maintain fixtures thereon in good order, condition and repair repair. Without limiting the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion generality of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repairedforegoing, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services all repair and trash removal from maintenance to keep the Premiseswhole and every part of the interior of the demised premises and all property and improvements situated therein in good repair, at Tenant’s expenseincluding without limitation all plumbing, heating and electrical installations and equipment, air conditioning equipment, hardware, doors and windows, interior painting and decorating. In the event any repairs are covered by insurance, the same are to be paid for by the insurance proceeds aforesaid.
6.2 Landlord agrees to repair and maintain, in good condition and repair, all structural components of the building located upon the demised premises, including the foundation, walls and roof. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails agrees to maintain and repair the Premises as required by this Sectionparking lot, Landlord mayparking lot lighting and landscaping upon the demised premises, on 10 days’ prior written notice (except that no notice shall be required in case of emergency)including, enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, all snow and ice removal ("Common Area Maintenance") subject to Tenant's obligation to reimburse Landlord as provided herein. Tenant agrees to pay its proportionate share of all Common Area Maintenance expenses to Landlord in an amount equal to one-twelfth (1/12) of the Marijuana codeannual estimate of Common Area Maintenance expenses with the payment of base rent on the first day of each month throughout the term of this Lease. Within one hundred twenty (120) days of the end of each calendar year, Landlord shall notify Tenant of the actual expenses incurred for Common Area Maintenance during the prior year. In such casesthe event the payments made by Tenant exceed the actual Common Area Maintenance cost, Tenant shall reimburse be provided credit against the following year's obligation to pay Common Area Maintenance expenses in the amount of the excess. In the event the payments made by Tenant are less than the actual Common Area Maintenance cost, Tenant agrees to pay to Landlord immediately upon demand for all costs incurred the amount of shortfall within fifteen (15) days of Landlord's notice. Tenant's proportionate share shall be one hundred percent (100%) of the total Common Area Maintenance cost provided, however, in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.the event Landlord shall construct additional retail improvements on Landlord's real estate described on Exhibit "A"
Appears in 1 contract
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. a. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services the expense and trash removal from repair of the Premisesexterior surfaces of the building and common areas, at and the building systems that serve the Tenant’s expensepremises, that being plumbing, electrical, heating and air conditioning. However, Landlord shall not be responsible for repairs to any items that have been damaged due to Tenant’s actions or that of Tenant’s employees, agents, visitors, customers, guests, etc. Landlord shall also not be responsible for any costs of repairs to any item on the interior if it has been damaged by Tenant’s actions or that of Tenant’s employees, agents, customers, invitees, or guests. Tenant is responsible for replacing light bulbs. Landlord is responsible for existing ballasts and Tenant intend thatfixtures.
b. Subject to subsection c. immediately below, at all times during Landlord shall be responsible, in Landlord’s sole expense for maintenance and repairs on the Term, Tenant shall maintain the Premises in good order exterior and condition and appearances reasonably commensurate with the balance common areas of the Property, such as the roof, parking lot, sidewalks, exterior wall surfaces, exterior metal awnings, exterior lights, and landscaping. Landlord shall not be responsible for maintenance or repair of any improvements that were installed by Tenant.
c. All damage or injury to the Property and to its improvements, fixtures, accessories, appurtenances and equipment caused in any way by any acts or omissions of Tenant, or Tenant’s obligations to maintain officers, owners, managers, employees, agents, representatives, visitors, guests, customers, delivery persons, invitees, contractors, and repair subcontractors shall be accomplished repaired, restored or replaced promptly by Tenant at Tenant’s sole expensecost and expense to the reasonable satisfaction of Landlord. If Tenant fails to maintain and repair the Premises as required by this SectionAll such repairs, Landlord mayrestorations, on 10 days’ prior written notice (except that no notice or replacements shall be required in case of emergency)quality and class at least equal to the original work or installations.
d. If the Property becomes infested with rodents, enter the Premises and perform such maintenance insects, pests, or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such casesother vermin, Tenant shall reimburse at Tenant's expense cause such pests to be exterminated from time to time within Tenant’s leased space. Landlord immediately upon demand shall at Landlord's expense treat only for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensestermites.
Appears in 1 contract
Samples: Lease Agreement
Maintenance and Repairs. 7.1 a. Landlord shall maintain the roof and structure of the Building in a state of good operating condition and repair. Tenant shall maintain the interior of the Premises, perimeter walls, ceiling, floors, windows, the electrical and lighting system, and any installed ventilating system. Tenant shall take good care of the Premises and fixtures, make good any injury or breakage done by Tenant or Tenant's agents, employees, or visitors, and shall quit and surrender said Premises, at the expiration of the Term, in as good condition as the reasonable use thereof will permit, free of Tenant’s signs, goods, and effects and any machinery, trade fixtures, and equipment used in conducting Tenant’s trade or business which is not owned by Landlord, except items agreed upon in advance and in writing which may be left over the winter occupying up to 30% of designated space. Tenant shall keep the interior of the Premises in a neat and orderly condition. Tenant shall, at its sole expense, throughout the Term maintain all finishes and all renewals and extensions thereof, maintain in good order, condition and repair fixtures within the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and as well as any equipment exclusively solely serving the PremisesPremises (including, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, any separate air conditioning systems, non-standard lighting, and any plumbing fixtures within the Marijuana codePremises). All repairs or alterations to the premises made by Tenant, as provided herein, shall be performed by licensed, bonded, and insured contractors or subcontractors that comply with Tenant's internal screening protocol. Landlord shall keep the parking areas, driveways, and walkways reasonably clear of ice and snow in an appropriate manner suitable for continued business and operations within the Planned Unit Development. Except as set forth elsewhere in this Lease, Landlord shall mow and landscape the exterior Common Areas and remove trash as Landlord shall in its sole and absolute discretion determine. In such casesthe event that Tenant substantially vacates the space prior to the expiration of the Term, Landlord shall have the right to enter the Premises for purposes of making improvements. Tenant hereby acknowledges that Landlord may, in its sole discretion, make any repairs and/or improvements to the Common Areas of the Building.
b. Tenant hereby expressly waives any right to make repairs at the expense of Landlord, which right may be provided for in any statute or law in effect at the time of the execution and delivery of this Lease hereof or of any other statute or law which may thereafter be enacted.
c. Except as expressly otherwise provided in this Lease, Landlord shall reimburse have no liability to Tenant by reason of any inconvenience, annoyance, interruption, or injury to business arising from Landlord, Tenant, or others making or failing to make any repairs or changes which are required or permitted by this Lease, or required by law to make, in or to any portion of the Building or the Premises. Landlord immediately upon demand for all costs incurred and Tenant, as the case may be, shall use due diligence in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesmaking any repairs required under Paragraph 7 herein.
Appears in 1 contract
Samples: Lease Agreement
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term term of this lease, take good care of the demised premises and the fixtures and appurtenances therein. Tenant shall be responsible for all renewals damage or injury to the demised premises or any other part of the building and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving thereof, whether requiring structural or nonstructural repairs caused by, or resulting from, the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixturesnegligence or willful misconduct of Tenant, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for, or supplied to, Tenant the benefit from warranties on such itemsor any subtenant, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion arising out of the Premises installation, use or operation of the property or equipment of Tenant or any system or equipment in subtenant. Tenant shall also repair all damage to the Premises which Tenant is obligated to repair cannot be fully repairedbuilding and the demised premises caused by the moving of Tenant’s fixtures, furniture and equipment. Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shallmake, at Tenant’s expense, maintain a preventive maintenance contract providing all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the regular inspection (trade or trades in question, selected from a list of at least quarterly) two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractorsystems thereof, or for which Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract is responsible, shall be paid performed by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have Owner at the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Owner shall maintain in good working order and repair the exterior and the structural portions of the building, including the structural portions of the demised premises, and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises and shall keep the roof and windows within the Premises free from leaks and the windows operable. Anything contained herein to the contrary notwithstanding, except by reason of a fire or other casualty, Owner shall not be required to make any repairs caused by the negligence or willful misconduct of Tenant or Tenant’s agents, contractors, invitees or employees. Tenant agrees to give prompt notice of any defective condition in the demised premises for which Owner may be responsible hereunder. There shall be responsible no allowance to Tenant for janitorial services diminution of rental value and trash removal 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 Premisesbuilding or the demised premises or in and to the fixtures, at Tenant’s expenseappurtenances or equipment thereof, except as otherwise expressly set forth herein. Landlord and Tenant intend that, at all times during the TermIt is specifically agreed that except as hereinafter otherwise expressly provided, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the balance covenants of the Propertythis or any other article of this lease. All of Tenant’s obligations to maintain and repair shall be accomplished at Except as otherwise expressly set forth herein, Tenant agrees that Tenant’s sole expenseremedy at law in such instance will be by way of an action for damages for breach of contract. If Tenant fails to maintain and repair The provisions of this Article 4 shall not apply in the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency)fire or other casualty, enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesArticle 9 hereof.
Appears in 1 contract
Samples: Office Lease (PCI Media, Inc.)
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereofterm of this Lease, maintain in take good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion care of the Demised Premises or any system or equipment in and the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expensefixtures appurtenances therein. Tenant shall be responsible for janitorial services all damage or injury to the Demised Premises and trash removal the systems and equipment exclusively servicing the Demised Premises, whether requiring structural or nonstructural repairs caused by or resulting from the Premisesneglect or improper conduct of Tenant, Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the installation, use or operation of the property or equipment of Tenant or any subtenant. Tenant shall also repair all damage to the building and the Demised Premises caused by the moving of Tenant's fixtures, furniture and equipment. Tenant shall promptly make, at Tenant’s 's 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. Landlord and Tenant intend thatshall, at all times during the TermLandlord's sole expense, Tenant shall maintain the Premises in good working order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the exterior and the structural portions of the building, including the structural portions of the Demised Premises, and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the Demised Premises. Tenant agrees to give prompt notice of any defective condition in the Demised Premises as required by this Section, for which Landlord may, on 10 days’ prior written notice (except that no notice may be responsible hereunder. There shall be required no allowance to Tenant for diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord or others making repairs alterations, additions or improvements in case or to any portion of emergency)the building or the Demised Premises or in and to the fixtures, enter the Premises and perform such maintenance appurtenances or repair on behalf of Tenant; provided such entry equipment thereof. It is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, specifically agreed that Tenant shall reimburse not be entitled to any set off or reduction of rent by reason of any failure of Landlord immediately upon demand for all costs incurred in performing such maintenance to comply with the covenants of this or repair plus an administration fee equal to 5% any other Article of such actual and reasonable costs or expenses.this
Appears in 1 contract
Samples: Office Lease (On Site Sourcing Inc)
Maintenance and Repairs. 7.1 By taking possession of the Premises, subject to latent defects in the Tenant Improvements not discoverable by Tenant upon reasonable inspection and Landlord’s obligations to perform the Tenant Improvements described in Exhibit B and the other terms and conditions of this Lease, Tenant agrees that the Premises are then in a good and tenantable condition. During the Term, Tenant at Tenant’s expense but under the direction of Landlord, shall keep the Premises, in a clean, safe and orderly condition, including without limitation, providing its own interior janitorial services (including without limitation, changing and disposal of light bulbs, interior window washing, janitorial supplies and equipment and garbage removal and disposal), and shall repair and maintain the Premises, in a first class condition including, but not limited to, repair and replacement of plate glass in all windows, doors and non-structural interior areas of the Premises, interior and exterior doors, special office entries, floor covering, Building Systems exclusively serving the Premises (including without limitation, heating, ventilating and air conditioning systems and hot water heaters), truck doors, dock bumpers, dock plates and levelers, interior ceilings, plumbing and electrical work and fixtures, skylights and ventilation drops for equipment of Tenant. Tenant shall at Tenant’s expense also perform necessary pest extermination and regular removal of trash and debris. Tenant shall, at its own expense, throughout the Term and enter into a regularly scheduled preventive maintenance service contract with a maintenance contractor for servicing all renewals and extensions thereofhot water, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes . The maintenance contractor and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained the contract must be reasonably approved by Landlord. The service contract must include all services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective and a copy thereof delivered to Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion within thirty (30) days of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Commencement Date. Tenant shall promptly replace not damage any demising wall or disturb the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant integrity and support provided by any demising wall and shall, at Tenant’s its sole expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid immediately repair any damage to any demising wall caused by Tenant or its employees, agents or invitees, reasonable wear and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensestear excepted.
Appears in 1 contract
Samples: Lease Agreement (Mocon Inc)
Maintenance and Repairs. 7.1 10.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the TermLease Term and at Tenant's sole cost and expense, Tenant shall maintain maintain, repair and replace all parts of the Premises Property (excluding only the Building Structure (as defined below)), including, without limitation, the roof membrane and other non-structural portions of the roof, the exterior face of exterior walls, exterior windows, the Exterior Areas, all Buildings systems, all of Tenant's signs, all windows, doors, truck doors, and other penetrations in the outer walls of the Building, all loading docks and lifts that serve the Building, floor coverings, ceilings, all HVAC equipment and systems ("HVAC Systems"), all other mechanical, electrical, plumbing, lighting, life-safety, and utility systems, equipment, conduits, pipes, ducts, and lines, and all fixtures and appliances in good order and operating condition, ordinary wear and tear and damage thereto by fire or other casualty excepted; provided that, subject to the provisions of Article 12, Tenant shall not be responsible for repairs to the Property to the extent that any damage is caused by the negligence or willful misconduct of Landlord or Landlord's employees, agents or contractors. Tenant shall, at all times during the Lease Term, keep in a clean and safe condition the Exterior Areas. Tenant shall regularly and appearances reasonably commensurate with periodically sweep and clean the balance driveways and parking areas of the Property. All Tenant will also repair, or reimburse Landlord for, any blockage of or damage to the sewer lines and sewer system at the Premises that results from anything that enters the sewer lines from the Premises. Tenant will provide and pay for all garbage removal from the Property. Tenant will perform all repairs and replacements with first-class materials and with first-class workmanship. Tenant will, at Tenant’s obligations 's sole cost, maintain throughout the Lease Term a regularly scheduled preventative maintenance and service contract or contracts with a contractor or contractors specializing and experienced in the maintenance of HVAC equipment, for the maintenance of the HVAC Systems. The maintenance and service contract shall include all services reasonably suggested by the equipment manufacturer and shall become effective (and Tenant shall deliver a copy to Landlord) within thirty (30) days after the Commencement Date. Tenant shall at all times maintain the HVAC Systems in compliance with all applicable federal, state and local laws. If a leak occurs in any portion of the HVAC Systems, Tenant shall promptly repair such leak in compliance with all applicable federal, state and local laws and complete such repairs within any deadline imposed by such federal, state or local laws. Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees and disbursements, arising from or related to any failure by Tenant to maintain the HVAC Systems in compliance with all applicable federal, state and local laws or any failure by Tenant to repair shall be accomplished at Tenant’s sole expenseany leak in any portion of the HVAC Systems in compliance with all applicable federal, state and local laws. If Tenant fails replaces any part or component of the HVAC Systems and receives a warranty from the manufacturer or a guaranty by the installer, Tenant shall furnish a duplicate original of each such warranty and guaranty to maintain Landlord. Tenant shall, at the end of the term of this Lease, surrender to Landlord the Premises with the HVAC Systems in good condition and repair working order, normal wear and tear excepted. Notwithstanding the provisions of this section 10.1 to the contrary, Landlord may at any time, upon thirty (30) days' notice to Tenant, assume maintenance of the HVAC Systems, in which case Tenant will reimburse Landlord for the cost incurred by Landlord in maintaining, repairing and replacing such HVAC Systems within thirty (30) days following demand from Landlord; provided, however, that any capital repairs or replacements of the HVAC Systems shall be reasonably amortized as determined by Landlord and consistent with prudent real property management practices for comparable buildings in the Santa Clara, CA area, together with interest at the rate of eight percent (8%) per annum; provided further, however, that Landlord may elect to assume maintenance of the HVAC Systems only if Landlord, in its sole but good faith discretion, determines that Tenant is not adequately maintaining such HVAC Systems in a condition suitable for a first class building in Santa Clara, California. Tenant hereby waives all rights under California Civil Code section 1941 and all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises as required provided by this SectionCalifornia Civil Code section 1942 or any other law, statute or ordinance now or hereafter in effect. Landlord mayhas no obligation and has made no promise to alter, on 10 days’ prior written notice (except that no notice shall be required in case of emergency)remodel, enter improve, repair, maintain, decorate or paint the Premises and perform such maintenance or repair the Building or any part thereof or any equipment, fixtures or improvements therein, except as provided herein. Notwithstanding the foregoing, if any element of (i) the Building systems (including HVAC Systems, but expressly excluding any Building systems installed by or on behalf of Tenant; provided Tenant after the Commencement Date), (ii) the roof or (iii) the exterior walls and exterior windows, required to be maintained by Tenant require replacement or any repair that exceeds fifty percent (50%) of the replacement cost of the item (a "Capital Repair"), then Tenant shall have the right to cause Landlord to perform such entry is made Capital Repair, and the cost thereof shall be amortized over the useful life of the capital item as determined by Landlord in compliance accordance with Applicable Lawsthe customary accounting practices employed by landlords of comparable buildings in Santa Clara, including but not limited toCalifornia, together with interest at the rate of eight percent (8%) per annum, or such higher annual rate as Landlord may actually have to pay, on the unamortized balance, and Tenant shall be responsible to reimburse Landlord on a monthly basis for the portion of such amortized cost attributable to the remaining Lease Term.
10.2 Landlord shall maintain the foundation, the Marijuana codestructural portions of the roof and the load-bearing portions of load-bearing walls (collectively, the "Building Structure"), in reasonably good order and condition. In Any damage in or to any such cases, areas or elements caused by Tenant or any of the other Tenant Parties shall be repaired by Landlord at Tenant's expense and Tenant shall reimburse Landlord immediately upon demand therefor on demand, as additional rent. Landlord shall not be liable for all costs incurred in performing such any criminal acts of others or for any direct, consequential or other loss or damage related to any malfunction, circumvention or other failure of any access control service, device or personnel. In addition, Landlord shall perform and construct, at its sole cost and expense, and Tenant shall have no responsibility to perform or construct, any repair, maintenance or repair plus an administration fee equal to 5% improvements (a) necessitated by the acts or omissions of such actual Landlord or any other occupant of the Building, or their respective agents, employees or contractors and reasonable costs or expenses(b) for which Xxxxxxxx has a right of reimbursement from others.
Appears in 1 contract
Samples: Lease (Gigamon Inc.)
Maintenance and Repairs. 7.1 Tenant shallaccepts the property as of the Commencement Date in an “AS IS” condition upon assuming possession of the Premises. Landlord will correct all construction defects, at its expensewhether structural or not, discovered within one year of the 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 necessary structural repairs to 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 all renewals and extensions thereofany amounts expended by virtue thereof shall be added to or subtracted from the next month’s rent in the full amount of the expenditures. Tenant, during the Term of this Lease, shall maintain in good order, condition and repair when needed all of the Premisesmechanical equipment (“HVAC system”), including but not limited to heating and air conditioning equipmentunits, wallsplumbing, floors and ceilings, window exteriors, mechanical and electrical systems units, in a good condition and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlordgood state of repair. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repairedFurther, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance service contract providing for on the regular inspection (at least quarterly) and maintenance of the heating and air conditioning HVAC system by with a licensed and qualified reputable heating and air conditioning contractor, or providing for regular routine maintenance, changing of filters and lubricating the HVAC system. Tenant shall perform keep the Premises free and clear of rodents, bugs and vermin, and Tenant shall use, at its cost and at such HVAC inspection intervals as Landlord shall reasonably require, a reputable pest extermination contractor to provide extermination services in the Premises. Notwithstanding the 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 maintenance include the cost of such services in Operating Expenses. Landlord shall provide Tenant with duly licensed advance notice of any such extermination services to be made to the Premises by Landlord within a reasonable period of time. Tenant shall keep the Premises clean and qualified employeeorderly 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 Tenant shall cause the same to be removed at reasonable intervals. Landlord shall provide Tenant with five suite keys at no cost to Tenant. All keys are on “Do Not Duplicate” blanks, and numbered for Tenant’s security. These keys cannot be reproduced unless they are done by Landlord’s locksmith. If additional keys are required by Tenant, Tenant shall contact Landlord in order that Landlord may authorize the issuance of such keys. The cost of any such preventive maintenance contract additional keys shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensespay.
Appears in 1 contract
Samples: Lease Agreement (Clene Inc.)
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited (a) Except as may be Landlord's responsibility pursuant to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion various provisions of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repairedthis Lease, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) 's sole cost and maintenance of the heating expense keep and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in as good order and condition and appearances reasonably commensurate with repair as when first occupied by Tenant; damage thereto from causes beyond the balance reasonable control of Tenant and ordinary wear and tear excepted. All damage or injury to the Premises or the Building in which the same are located, caused by the act or negligence of Tenant, its employees, agents or visitors, shall be repaired by Landlord at Tenant's sole costs and expense, if Tenant shall fail to make such repairs within a reasonable time after notice from Landlord. Tenant shall upon the expiration or sooner termination of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair term hereof surrender the Premises to Landlord in the same condition as required by this Sectionwhen construction of Tenant Improvements was completed, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted.
(b) Anything contained in the foregoing Section 18(a) to the contrary notwithstanding, Landlord mayshall repair and maintain the structural portions of the Building, on 10 days’ prior including the basic plumbing, air conditioning, and electrical systems installed or furnished by Landlord. Tenant shall replace at its own expense, all light bulbs as may be necessary within the Premises. With respect to the Premises, Landlord shall undertake such maintenance and repairs within a reasonable time after written notice (except that no notice shall be required in case of emergency), enter the Premises and perform need for such maintenance or repair on behalf repairs is given by Tenant and received by Landlord, but in no event less than two (2) business days after receipt of such notice. If such maintenance and repairs are necessitated in part or whole by the act, neglect, fault or omission of any duty by Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited toits agents, the Marijuana code. In such casesservants, employees or visitors, Tenant shall reimburse pay to Landlord immediately upon demand for all costs incurred the reasonable cost (or portion thereof equitably allocated to Tenant, in performing Landlord's best judgement) of such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesrepairs.
Appears in 1 contract
Samples: Lease (Endeavor Pharmaceuticals Inc)
Maintenance and Repairs. 7.1 11.1 Landlord agrees to keep in good order, condition and repair the foundations, exterior walls, floor and roof of the Building, including cleaning, removal of trash, dirt and debris, sweeping and janitorial services, electrical, mechanical, plumbing, lighting of the Building and service corridors, repair and replacement of sprinkler systems, HVAC, directional signs and other markers and pest extermination, except for reasonable wear and tear and except for any damage thereto caused by any act or negligence of Tenant shallor its agents, at employees, servants, contractors, subtenants or licensees. Further, Landlord acknowledges and agrees that Landlord's security department and security officers are responsible for providing security services in and to the Premises.
11.2 Landlord shall not be obligated to perform any service or to repair or maintain any structure or facility except as provided in this Section 11 and Section 14 of this Lease unless caused by the negligence of Landlord, its expenseagents, throughout customers or contractors. Landlord shall not be obligated to provide any service or maintenance or to make any repairs pursuant to this Lease when such service, maintenance or repair is made necessary because of the Term negligence or misuse of Tenant, Tenant's agents, employees, servants, contractors, subtenants or licensees. Landlord reserves the right to stop any service when Landlord reasonably deems such stoppage necessary, whether by reason of accident or emergency, or for repairs or Improvements or otherwise. Landlord shall not be liable under any circumstances for loss or injury however occurring, through or in connection with or incident to any stoppage of such services, provided, however, that Rent and all renewals other charges hereunder shall be abated during the period that Tenant cannot open for business due to such stoppage. Landlord shall have no responsibility or liability for failure to supply any services or maintenance or to make any repairs when prevented from doing so by any cause beyond Landlord's reasonable control unless caused by the negligence of Landlord, its agents, customers, or contractors. Landlord shall not be obligated to inspect the Premises and extensions thereofshall not be obligated to make any repairs or perform any maintenance hereunder unless first notified of the need thereof in writing by Tenant, or unless actually known to Landlord. Landlord shall not be liable for any loss or damage to persons or property sustained by Tenant or other persons, which may be caused by the Building or the Premises, or any appurtenances thereto, being out of repair or by bursting or leakage of any water, gas, sewer or steam pipe, or by theft, or by any act or neglect of any tenant or occupant of the Building, or of any other person.
11.3 Except as provided for elsewhere herein, Tenant shall keep and maintain in good order, condition and repair (including any such replacement and restoration as is required for that purpose) the PremisesPremises and every part thereof and any and all appurtenances thereto wherever located, including but not limited to heating including, without limitation, the exterior and air conditioning equipmentinterior portion of all doors, door checks, windows, plate glass, all plumbing and sewage facilities within the Premises that exclusively service the Building, fixtures, walls, floors floors, ceilings and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseall interior lighting. Tenant shall be responsible also keep and maintain in good order, condition and repair (including any such replacement and restoration as is required for janitorial services and trash removal from that purpose) any Improvements, special equipment, furnishings, fixtures or facilities installed by it on the Premises, at Tenant’s expense. Tenant shall store all trash and garbage in containers located where designated by Landlord and Tenant intend thatso as not to be visible or create a nuisance to guests, at all times during the Term, Tenant shall maintain the Premises in good order customers and condition and appearances reasonably commensurate with the balance business invitees of the Property. All of Tenant’s obligations Building, and so as not to maintain create or permit any health or fire hazard.
11.4 Landlord and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this SectionValvino Lamore, Landlord mayLLC, on 10 days’ prior written notice a Nevada limited liability company (except that no notice shall be required in case of emergency"Valvino"), enter xxx xxxx xxbsidiaries of Wynn Resorts, Limited, a Nevada corporation. Valvino hereby agrees to perform the Premises maintenance obligations of Landlord set forth in this Section 11 and perform such Landlord agrees to promptly reimburse Valvino for any and all of its costs in connection therewith. Tenant acknowledges that these maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesobligations will be performed by Valvino.
Appears in 1 contract
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereofterm of this lease, maintain in take good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion care of the Premises or any system or equipment in demised premises and the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) fixtures and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseappurtenances therein. Tenant shall be responsible for janitorial services all damage or injury to the demised premises or any other part of the building and trash removal the systems and equipment thereof, whether requiring structural or nonstructural repairs to the extent caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the Premisesinstallation, 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 by Tenant or at Tenant's direction of Tenant's fixtures, furniture and equipment. Tenant shall promptly make, at Tenant’s 's 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 reasonably approved, in writing, 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. Landlord and Tenant intend that, at all times during the Term, Tenant Owner shall maintain the Premises in good working order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionexterior and the structural portions of the building, Landlord mayincluding the structural portions of its demised premises, on 10 days’ prior written and the public portions of the building interior and all building systems that service the demised premises, including without limitation, exhausts, water, plumbing, electrical, elevators, fire safety systems, heating, air conditioning and ventilation systems, but excluding the distribution of any of the foregoing within the demised premises. Tenant agrees to give prompt notice (except that no notice of any defective condition in the premises for which Owner may be responsible hereunder upon becoming aware thereof. There shall be required no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising 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. It is specifically agreed that Tenant shall not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this Lease. Tenant agrees that Tenant's sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 4 shall not apply in the case of emergency)fire or other casualty which are dealt with in Article 9 hereof. Owner shall perform any repair required pursuant to this Article 4 promptly, enter with reasonable diligence under the Premises circumstances and perform such maintenance or repair on behalf with reasonable efforts to avoid interference with Tenant's business. Landlord shall use commercially reasonable efforts to cause all work performed by Landlord pursuant to this Article to be performed in a manner so as to minimize interference with the conduct of Tenant; provided such entry is made 's business in compliance with Applicable Lawsthe Demised Premises, including but not limited to, the Marijuana code. In such cases, Tenant however nothing contained in this lease shall reimburse require Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable incur overtime costs or expensesexpenses or other bonus or incentive fees to perform work on a fast-track or expedited basis.
Appears in 1 contract
Samples: Office Lease (Thestreet Com)
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by LandlordLxxxxxxx’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided provided, such entry is made in compliance with all Applicable Laws, including but not limited to, the Marijuana codeCode. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to five percent (5% %) of such actual and reasonable costs or expenses.
Appears in 1 contract
Samples: Lease Agreement (Power REIT)
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the TermLease Term and at Tenant’s sole cost and expense, Tenant shall maintain maintain, repair and replace all parts of the Premises (excluding only the entire structural envelope of the Building, the foundation, the roof, the exterior face of exterior walls, all windows and glazing, main sewer line, and the load-bearing portions of load-bearing walls, parking area and sidewalks), including, without limitation, all Building systems, all of Tenant’s signs, doors, truck doors, and other penetrations in the outer walls of the Premises, all loading docks and lifts that serve the Premises, floor coverings, ceilings, elevators, all HVAC equipment and systems and all other mechanical, electrical, plumbing, lighting, life-safety, and utility systems, equipment, conduits, pipes, ducts, and lines, and all fixtures and appliances in good order and condition operating condition, ordinary wear and appearances reasonably commensurate tear and damage thereto by fire or other casualty excepted. Tenant will also repair, or reimburse Landlord for, any blockage of or damage to the sewer lines and sewer system at the Building that results from anything that enters the sewer lines from the Premises; provided, Landlord shall otherwise be responsible for the sewer lines. Tenant will provide and pay for all garbage removal from the Premises, as well as janitorial services for the Building. Tenant will perform all repairs and replacements with the balance of the Propertyfirst-class materials and with first-class workmanship. All of Tenant’s obligations to maintain and repair shall be accomplished Tenant will, at Tenant’s sole expensecost, maintain throughout the Lease Term a regularly scheduled preventative maintenance and service contract or contracts with a contractor or contractors specializing and experienced in the maintenance of HVAC equipment, for the maintenance of the HVAC systems. The maintenance and service contract shall include all services suggested by the equipment manufacturer (including requiring that the filters be changed at least every 60 days) and shall become effective (and Tenant shall deliver a copy to Landlord) within thirty (30) days after the Expansion Premises Commencement Date. Tenant shall at all times maintain the HVAC systems in compliance with all applicable federal, state and local laws. If a leak occurs in any portion of the HVAC systems, Tenant shall promptly repair such leak in compliance with all applicable federal, state and local laws and complete such repairs within any deadline imposed by such federal, state or local laws. Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys’ fees and disbursements, arising from or related to any failure by Tenant to maintain the HVAC systems in compliance with all applicable federal, state and local laws or any failure by Tenant to repair any leak in any portion of the HVAC systems in compliance with all applicable federal, state and local laws. If Tenant fails replaces any part or component of the HVAC systems and receives a warranty from the manufacturer or a guaranty by the installer, Tenant shall furnish a duplicate original of each such warranty and guaranty to maintain Landlord. Tenant shall, at the end of the term of this Lease, surrender to Landlord the Premises with the HVAC systems in good condition and repair working order. Notwithstanding the provisions of this section 10.1 to the contrary, Landlord may at any time, upon thirty (30) days’ notice to Tenant, assume maintenance of the HVAC systems, in which case Tenant will reimburse Landlord for the cost incurred by Landlord in maintaining, repairing and replacing such HVAC systems within thirty (30) days following demand from Landlord; provided, however, that any capital repairs or replacements of the HVAC systems shall be reasonably amortized as determined by Landlord and consistent with prudent real property management practices for comparable buildings in the San Diego area, together with interest at the rate of ten percent (10%) per annum. Tenant hereby waives all rights under California Civil Code section 1941 and all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises as required provided by this SectionCalifornia Civil Code section 1942 or any other law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, maintain, decorate or paint the Premises or the Building or any part thereof or any equipment, fixtures or improvements therein. ./-/11-17-20// EXHIBIT A-3- 0000000x0 / 500209.0017
7.2 Landlord shall maintain (i) the entire structural envelope of the Building, (ii) foundation, (iii) roof, (iv) exterior face of exterior walls, (v) all windows and glazing, (vi) main sewer line, (vii) the load-bearing portions of load-bearing walls of the Building, (viii) parking area and sidewalks, (ix) landscaping, and (x) all back flow preventers (BFPs) and post indicating valves (PIVs) for the main fire service, main domestic water, and main landscape irrigation, all in reasonably good order and condition. In connection with such maintenance obligations, Landlord mayshall cause the following to be performed:
(a) exterior walls of the Building to be painted no less than is reasonably required to maintain such walls in good condition;
(b) replacement of the roof, on 10 days’ prior written notice glazing joints and concrete tilt up panel joints, as needed;
(except that no notice c) maintain the parking surfaces and lighting, asphalt slurry and stripe, and grind, re-lay, slurry stripe as often as is reasonably required in order to maintain the same in good condition; and
(d) repair sidewalks damaged or heaved by tree roots, weather, etc., as needed. Notwithstanding the foregoing, any damage in or to any such areas or elements caused by Tenant or any agent, employee, contractor, licensee or invitee of Tenant shall be required in case of emergency), enter the Premises repaired by Landlord at Tenant’s expense and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand therefor on demand, as additional rent. Landlord shall not be liable for all costs incurred any criminal acts of others or for any direct, consequential or other loss or damage related to any malfunction, circumvention or other failure of any access control service, device or personnel. ./-/11-17-20// 0000000x0 / 500209.0017 EXHIBIT A The undersigned, Dexcom, Inc., a Delaware corporation (“Tenant”), hereby certifies to NR THE CANYONS LLC, a Delaware limited liability company, and its affiliates, successors and assigns (“Buyer”) and any lenders and their successors and assigns that provide Buyer financing in performing such maintenance or repair plus an administration fee equal connection with the Property (as defined below) as follows, with respect to 5% that certain lease between Tenant and GC Pacific Center Court Owner, LLC, a Delaware limited liability company (“Landlord”), dated January 31, 2020, as amended by First Amendment to Lease dated November 17, 2020 between Tenant and Landlord (as amended, the “Lease”) of such actual and reasonable costs or expenses.a portion of that certain real property located at 00000 Xxxxxxx Xxxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx (the “Property”):
Appears in 1 contract
Samples: Lease (Dexcom Inc)
Maintenance and Repairs. 7.1 Tenant Subtenant shall, at its Subtenant's sole cost and expense, throughout keep and maintain the Term Premises in good condition and repair, including without limitation, all necessary maintenance and repairs to all portions of the Premises and all renewals and extensions thereofexterior entrances, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilingsall glass, window exteriorscasements, mechanical and electrical systems and equipment exclusively serving the Premisesshow window moldings, electric light fixtures, bulbs, tubes and tube casingsall partitions, doors, floor coveringsdoorjambs, dock doorsdoor closers and hardware fixtures exclusive of normal maintenance services. All damage or injury to the Building and/or common areas in which the same are located, levelerscaused by the negligence of Subtenant, plumbing system its employees, agents or visitors, shall be repaired by Subtenant at Subtenant's sole cost and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlordexpense. Landlord Subtenant shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If promptly replace any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends extends, beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for It is the regular inspection (at least quarterly) intention of Sublessor and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend Subtenant that, at all times during the Term, Tenant shall Subtenant shall, at its cost, maintain the Premises in good order compliance with all applicable laws and in the same condition and appearances reasonably commensurate with as existed upon the balance Commencement Date of the PropertySublease, reasonable wear and tear excepted. All Notwithstanding the foregoing, Sublessor hereby agrees to perform the repair obligations for the Building as described in Section 7(A) of Tenant’s obligations the Main Lease and Subtenant agrees to maintain and reimburse Sublessor for its Proportionate Share of such repair costs after the opportunity to review Sublessor's receipts for such repair costs. The cost of any repair which is capital in nature shall be accomplished amortized on a straight line basis over its useful life ("Useful Life") at Tenant’s sole expensean interest rate not to exceed ten percent (10%) and Subtenant shall reimburse Sublessor the amount equal to Subtenant's Proportionate Share of the annualized amortization during the Term of this Sublease. If Tenant fails The Useful Life of a capital item shall be determined using the United States Internal Revenue Service standard depreciation schedule in effect on the date that the applicable capital expenditure is made. Subtenant shall also reimburse Subtenant's Proportionate Share of the annualized amortization of any improvement or replacement which is capital in nature, provided that the item is intended to maintain and repair result in a cost savings, then only to the Premises as extent of saving actually realized. Subtenant shall not be required to reimburse Sublessor for any changes, alterations or improvements to any portion of the Building first required by this Sectionany law or regulation prior to the Term Commencement Date, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case to the extent not attributable to Subtenant's use and occupancy of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesPremises.
Appears in 1 contract
Maintenance and Repairs. 7.1 Tenant shall8.1 Subject to Landlord's obligations in Section 8.2, Article XVI and Article XVII below and in the Services Exhibit attached hereto as Exhibit F, Tenant, at its Tenant's sole cost and expense, throughout shall promptly make all repairs, perform all maintenance, and make all replacements in and to the Term and all renewals and extensions thereof, maintain Premises that are necessary or desirable to keep the Premises in good order, proper operating condition and repair repair, in a clean, safe and tenantable condition, and otherwise in accordance with all Laws and the Premisesrequirements of this Lease (Tenant's repair, maintenance and replacement obligations, including but not limited to heating obligations with respect to the Tenant Items (as hereinafter defined), shall hereinafter be collectively referred to as “Tenant's Repair and Maintenance Obligations”). Subject to Landlord's obligations in Section 8.2, Article XVI and Article XVII below, Tenant shall maintain all fixtures, furnishings and equipment installed by Tenant or any Tenant invitee in the Premises (excluding any PDUs installed by Tenant) in clean, safe and sanitary condition, shall take good care thereof and make all required repairs and replacements thereto. Tenant shall maintain throughout the Lease Term, at Tenant's sole cost and expense, customary maintenance and service contracts for the maintenance and repair of any and all non-Building standard supplemental heating, ventilation and air conditioning equipment, walls, floors equipment and ceilings, window exteriors, mechanical and electrical systems and any and all non-Building standard supplemental power distribution equipment exclusively serving and systems installed by Tenant or any Tenant invitee in the Premises, electric light and Tenant shall maintain throughout the Lease Term, at Tenant's sole cost and expense, all such supplemental heating, ventilation and air conditioning equipment and systems and supplemental power distribution equipment and systems, as well as any special tenant areas, facilities and finishes installed by Tenant or any Tenant invitee; special fire protection equipment, telecommunications and computer equipment installed by Tenant or any Tenant invitee; kitchen/galley equipment and fixtures, bulbsall other furniture, tubes furnishings, equipment and tube casingssystems of Tenant and all Alterations (collectively, doors, floor coverings, dock doors, levelers, plumbing system “Tenant Items”). Each such contract shall be with a contractor licensed to do business in the jurisdiction in which the Building is located and plumbing fixtures, Tenant’s signs and utility facilities not maintained otherwise reasonably approved by Landlord. Landlord shall use reasonable efforts From time to extend to Tenant the benefit from warranties on such itemstime, if any, that have been made by at Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired's request, Tenant shall promptly replace provide Landlord with copies of all maintenance and service contracts. In the sameevent that Tenant fails to commence and diligently prosecute to completion any item of Tenant's Repair and Maintenance Obligations within fifteen (15) Business Days following Tenant's receipt of notice from Landlord, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). then Landlord shall have the right, upon notice to Tenantat Landlord's option, to undertake the responsibility perform any such item of Tenant's Repair and Maintenance Obligations and to charge Tenant for preventive maintenance of any other system or component at Tenant’s expenseall reasonable costs and expenses actually incurred by Landlord in connection therewith. Tenant shall be responsible for janitorial services and trash removal from give Landlord prompt written notice of any defects or damage to the structure of, or equipment or fixtures in, the Building or any part thereof of which Tenant has knowledge. Tenant shall suffer no waste or injury to any part of the Premises, at Tenant’s expense. Landlord and Tenant intend thatshall, at all times during the expiration or earlier termination of the Lease Term, Tenant shall maintain surrender the Premises in good an order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual or better than their order and reasonable costs or expenses.condition on the applicable Rent Commencement Date, except for ordinary wear and tear and as otherwise provided in Article IX, Article XII and/or Article
Appears in 1 contract
Maintenance and Repairs. 7.1 Tenant shallExcept as otherwise provided herein, Landlord at its own cost and expense shall maintain and keep in good repair all portions of the Warehouse Premises (specifically excluding the Demised Premises) and the grounds, including, without limitation, the roof and the exterior walls of the building, roadways, railways and sidewalks surrounding such building, and including all mechanical equipment and fixtures such as sprinkler systems, windows, doors, floors, heating, plumbing, air-conditioning equipment, refrigeration equipment (including such equipment within the Demised Premises), sewer system and electrical wiring. Landlord shall provide reasonable services for snow removal from Tenant's access road and parking area. Tenant, at its own cost and expense, throughout shall maintain and keep in good repair all portions of the Term Demised Premises and shall preserve same free from obnoxious odors, vermin, rubbish, debris or any other foreign matter, keep it in a clean and sanitary manner, and shall make all repairs to the Demised Premises necessary to maintain the Demised Premises in its condition at the Commencement Date, reasonable wear and tear excepted. Tenant shall also at its own cost and expense maintain and keep in good repair any and all renewals mechanical equipment and extensions thereof, maintain in good order, condition fixtures furnished or installed by it for the Demised Premises and shall be responsible for the maintenance and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical of all electrical wiring and electrical systems equipment for all of Tenant's equipment installed by Tenant in the Demised Premises. Tenant agrees to keep faucets closed so as to prevent waste of water and equipment exclusively serving flooding of premises and to promptly take care of any leakage or stoppage in any of the water, gas or waste pipes. The Tenant agrees to maintain adequate heat to prevent freezing of pipes. Tenant shall provide snow removal from sidewalks and pedestrian entrances. In addition to all other amounts paid by Tenant to Landlord hereunder, Tenant shall pay in advance to Landlord the total of $[...***...] which amount shall serve as a maintenance reserve for the Demised Premises for Tenant's maintenance expense incurred in maintaining the Demised Premises. During the term of this Sub-Lease, electric light fixturessaid maintenance reserve may be used by Landlord for repair and maintenance expenses incurred in repairing and maintaining the existing Demised Premises excluding the payment for tenant improvements or additions and alterations of the Demised Premises. From time to time, bulbsTenant may submit requests to Landlord to pay for said reasonable repairs and maintenance from said maintenance reserve. Said request shall be approved by Landlord within 15 days of said request unless said expenditure is not for the repair and maintenance of the existing Demised Premises. Upon approval of said request, tubes and tube casingsTenant shall contract to make said repairs only with contractors approved by Landlord or Tenant's employees, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained if approved by Landlord. Landlord may from time to time require Tenant to make all repairs necessary to maintain the Demised Premises in its condition on the Commencement Date, reasonable wear and tear excepted. In the event Tenant does not commence said repairs within 30 days from Landlord's request, then Landlord shall use reasonable efforts have the unconditional right to extend to make said repairs and deduct the total cost of the same from said maintenance reserve and xxxx Tenant for the benefit cost of said repairs in excess of said maintenance reserve. Any bills submitted by Landlord and not paid within 15 days from warranties on such itemsthe date of invoice shall bear interest at [...***...]% per annum. Tenant shall be liable for the payment of all said repair and maintenance expense for the Demised Premises in excess of the maintenance reserve, if anyhowever, that at the end of this Sub-Lease term, any remaining balance in the maintenance reserve after the Demised Premises have been made by Landlord’s contractors or vendors and returned to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of in its condition on the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract Commencement Date shall be paid by Tenant and an expense solely chargeable Landlord to Tenant; but if . Tenant shall surrender the Demised Premises in as good condition as same were at the Commencement Date, reasonable wear and tear only excepted. If such maintenance reserve shall for any reason or at any time fall below or be less than $[...***...], then Tenant shall have 30 days after Landlord so elects, same may be billed directly by invoices Tenant for such deficiency in which to pay Landlord to Tenant where Landlord on Tenant’s behalf enters for deposit into such preventive maintenance contract and in reserve an amount so as to keep the maintenance reserve at $[...***...] at all times. If Tenant does not pay such case shall be deemed Additional Rent (amounts to Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). for deposit within the 30 days as aforementioned, Landlord shall have the right, option to terminate this Sub-Lease upon 30 days written notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.
Appears in 1 contract
Samples: Sub Lease Agreement (Surebeam Corp)
Maintenance and Repairs. 7.1 a) Tenant shall keep the interior of the Leased Premises and the fixtures, improvements, equipment and finishes and any alterations therein in clean, safe and sanitary condition and in good order and repair, will take good care thereof and will suffer no waste or injury thereto. Maintenance and repair of such finishes and equipment, including kitchen appliances and fixtures, showers, or supplemental air-conditioning equipment, whether installed by Tenant or by Landlord on behalf of Tenant and whether installed at Tenant's or Landlord's expense, shall be the sole responsibility of Tenant, and Landlord shall have no obligation in connection therewith.
b) All aforesaid repairs, restorations and replacements shall be in quality and class equal to the previously existing work or installations and shall be performed under the direction and to the satisfaction of Landlord.
c) If Landlord deems any repair which Tenant is required to make hereunder to be necessary, Landlord may demand that Tenant promptly make such repair.
d) Except for the maintenance and repair of the Leased Premises, which is the sole responsibility of Tenant as provided hereinabove, Landlord shall, at its expense, throughout the Term and all renewals and extensions thereofas part of Building Operating Expenses, maintain in good order, condition the Building and repair the Premisesstructural portions thereof, including, without limitation, the roof, roof membrane, roof covering (including but not limited to heating and air conditioning equipmentinterior ceiling if damaged by leakage from the roof), exterior glass, load-bearing walls, floors floor slabs, masonry walls, footings, and ceilingsfoundations, window exteriorsexterior paint, mechanical and electrical all electrical, plumbing, HVAC and other systems and equipment exclusively serving used in operation thereof, which Landlord deems reasonably necessary or desirable to keep the PremisesBuilding in good order and repair. Replacements to the Building and structural portions thereof shall be made at Landlord’s sole cost and expenses without reimbursement or contribution by Tenant. Landlord warrants that any maintenance and/or repair undertaken by Landlord with respect to the Leased Premises shall be of good, electric light fixturesworkmanlike quality consistent with that of first-class office buildings, bulbsand Landlord shall promptly repair or replace any material defects in such work. Notwithstanding the foregoing, tubes to the extent any damage to the Building is caused by acts or omissions of Tenant, its agents, customers, employees or invitees, Tenant will make such repairs (under Landlord's supervision and tube casingsto its satisfaction) and bear the sole cost thereof. Tenant agrees to notify Landlord of the necessity for any repairs of which Tenant may have knowledge and for which Landlord may be responsible under the provisions of the first sentence of this paragraph. In the event that Landlord is responsible for such repairs, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by LandlordLandlord shall commence such repairs promptly after receiving notification of same. Landlord shall use reasonable efforts not be liable for any maintenance, repair or replacements to extend to Tenant the benefit from warranties on such itemsBuilding necessitated by alterations, if anydecorations, that have been installations, additions or improvements made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premisescorrect any such Tenant work necessitating such maintenance, at Tenantrepair or replacements (under Landlord’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergencysupervision), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.
Appears in 1 contract
Samples: Office Lease Agreement (Lumber Liquidators Holdings, Inc.)
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term term of this lease, take good care of the demised premises and the fixtures and appurtenances therein. Tenant shall be responsible for all renewals damage or injury to the demised premises or any other part of the building and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premisesthereof, electric light fixtureswhether requiring structural or nonstructural repairs caused by, bulbsor resulting from, tubes and tube casingscarelessness, doorsomission, floor coverings, dock doors, levelers, plumbing system and plumbing fixturesneglect or improper conduct of Tenant, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for, or supplied to, Tenant the benefit from warranties on such itemsor any subtenant, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion arising out of the Premises installation, use or operation of the property or equipment of Tenant or any system or equipment in subtenant. Tenant shall also repair all damage to the Premises which Tenant is obligated to repair cannot be fully repairedbuilding and the demised premises caused by the moving of Tenant’s fixtures, furniture and equipment. Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shallmake, at Tenant’s expense, maintain a preventive maintenance contract providing all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the regular inspection (trade or trades in question, selected from a list of at least quarterly) two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractorsystems thereof, or for which Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract is responsible, shall be paid performed by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have Owner at the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Owner shall maintain in good working order and repair the exterior and the structural portions of the building, including the structural portions of the demised premises, and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises. Tenant agrees to give prompt notice of any defective condition in the demised premises for which Owner may be responsible hereunder. There shall be no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising 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. It is specifically agreed that Tenant shall not be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the balance covenants of the Propertythis or any other article of this lease. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant agrees that Tenant’s sole expenseremedy at law in such instance will be by way of an action for damages for breach of contract. If Tenant fails to maintain and repair The provisions of this Article 4 shall not apply in the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency)fire or other casualty, enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesArticle 9 hereof.
Appears in 1 contract
Samples: Office Lease (Olo Inc.)
Maintenance and Repairs. 7.1 5.7.1. Except as otherwise provided in this Lease, Tenant shall, at its expenseexpense shall, throughout the Term and all renewals and extensions thereofTerm, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing responsible for the regular inspection (at least quarterly) capital and ordinary maintenance of the heating Leased Premises so long as the Leased Premises are under the terms of the Lease or in the Golf System. Tenant at its expense shall maintain, repair and air conditioning system by replace the Improvements and facilities within the Leased Premises in a licensed good state of repair as appropriate for the types of improvements and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance at a standard consistent with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive its maintenance of any other system or component at Tenant’s expensefacilities in the Golf System. Tenant shall be responsible for janitorial services keep and trash removal from maintain all common areas within the PremisesLeased Premises in a clean and orderly condition, at Tenant’s expensefree of dirt, rubbish, snow, ice and obstructions. Landlord and Tenant intend that, at all times during Subject to the Termprovisions of Section 3.2.5, Tenant shall maintain the Premises in good order Stormwater Management Facilities that serve the Leased Premises. For any Stormwater Management Facilities that serve areas outside of the Leased Premises, Landlord shall reimburse Tenant a prorated share of the costs of maintenance and condition and appearances reasonably commensurate with repair. Tenant’s share of the cost shall be that percentage determined by dividing the Park Golf Course area by the total area served by the Stormwater Management Facility. Landlord’s reimbursement shall be the balance of the Propertycost, which Landlord shall pay to the Tenant within thirty (30) days of invoice for such costs.
5.7.2. All of Tenant’s obligations to Landlord at its expense shall maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails all portions of the Park except the Leased Premises including, without limitation, maintaining, repairing and making necessary alterations and replacements to maintain roads (unless such roads are otherwise publicly maintained) and repair parking lots outside the Leased Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case including keeping such roads and parking lots free of emergencysnow and ice), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.
Appears in 1 contract
Samples: Lease Agreement
Maintenance and Repairs. 7.1 Subject to Tenant’s rights under Article 7, Tenant shallshall take good care of the Premises, at its expensemake all repairs thereto, throughout interior and exterior, structural and nonstructural, ordinary and extraordinary, foreseen and unforeseen and shall maintain and keep the Term Premises and all renewals the sidewalks and extensions thereof, maintain curbs located within the Premises in good order, repair and condition and repair the Premisesat all times. Tenant will not commit, including but not limited knowingly permit or suffer any waste, damages, disfigurement or injury to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of upon the Premises or any system or equipment in the Premises which Tenant is obligated to repair canpart thereof, but this Section shall not be fully repairedconstrued as limiting Tenant’s rights under Article 7. Notwithstanding the foregoing, however, Tenant shall promptly replace not be responsible for repairing or rebuilding those structures already occupying the samePremises as of the date of this Lease for age related wear and tear or for damage to said structures caused by acts of God.
8.2.1. Tenant, regardless of whether the benefit at its sole cost and expense, agrees to keep in force a maintenance agreement on all HVAC equipment and to provide a copy of such maintenance agreement to Landlord for Landlord's approval, which shall not be unreasonably withheld. The agreement shall require a semiannual inspection of such equipment and Tenant will furnish Landlord with semiannual certifications by the inspection company that such equipment is in good repair. Any repairs or replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform required to be made to such HVAC inspection and maintenance with equipment shall be done or made only by such persons or entities duly licensed and qualified employeeas have been approved in advance in writing by Landlord.
8.2.2. The cost After the end of such preventive maintenance contract the tenth (10th) year of the Lease, the Landlord shall keep the foundation, structural elements (except plate glass, windows, doors and other exterior openings, window and door frames, molding, closure devices, locks and hardware, special store fronts, lighting, heating, air-conditioning, plumbing and other electrical, mechanical and electromotive installation equipment and fixtures, signs, placards, decorations or other advertising media of any type, or interior painting or other treatment of interior walls which will be paid maintained by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s 's sole cost and expense. Tenant shall be responsible for janitorial services ), structural portion of exterior walls and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain roof above the Premises in good order repair. In the event that the Premises should become in need of repairs required to be made by Landlord hereunder, Tenant shall give immediate written notice thereof to Landlord and condition Landlord will have a reasonable time after receipt by Landlord of such written notice in which to make such repairs at its own cost and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Should the Landlord fail to make the repairs in a reasonable time after receiving notice, the Tenant fails may make the repairs and offset any expenditures against future rent.
8.2.3. Landlord is entitled to maintain and repair enter upon the Premises as required by this Section, Landlord may, on 10 days’ prior written at any time following reasonable advance notice (except that in the event of a real or apparent emergency, in which event no such advance notice shall be required in case required) for the purpose of emergency)inspecting the same, enter or of showing the Premises and perform such maintenance to prospective purchasers, tenants or repair on behalf lenders, or of Tenant; provided such entry is made in compliance with Applicable Lawsmaking repairs to the Premises, including but not limited toor of making repairs, the Marijuana code. In such casesalterations or additions to (a) adjacent premises, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.or
Appears in 1 contract
Samples: Lease Agreement
Maintenance and Repairs. 7.1 Tenant shallshall properly use, at its expense, throughout the Term operate and all renewals and extensions thereof, maintain in good order, condition and repair the safeguard Premises, including but not limited to heating if applicable, any landscaping, furniture, furnishings and air conditioning equipmentappliances, wallsand all mechanical, floors and ceilingselectrical, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system gas and plumbing fixtures, and smoke alarms, and keep them and the Premises clean, sanitary and well ventilated. Tenant shall be charged for all repairs or replacements caused by Tenant, pets, guests or licensees of Tenant, excluding ordinary wear and tear. Tenant shall be charged for ALL damage to Premises as a result of failure to report a problem in a timely manner. Tenant shall be charged for repair of drain blockages or stoppages unless caused by defective plumbing parts or tree roots invading sewer lines. Tenant’s signs failure to maintain any item for which Xxxxxx is responsible shall give Agent the right to hire someone to perform such maintenance and utility facilities charge Tenant to cover the cost of such maintenance. Xxxxxx agrees to make no attempt to make repairs or cause repairs to be performed without Agent’s permission and agrees to not maintained by Landlordchange or add any locks. Landlord shall use reasonable efforts This applies to extend paint, applying or attaching anything to Tenant the benefit from warranties on such itemswalls or ceilings that will require corrective maintenance. Defacing, if anyremodeling, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, damaging any bulk buying power that Landlord may have with such contractors or vendors. If any portion part of the Premises or any system or equipment in is prohibited. All maintenance and repair work requested by the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so electsordered by the Agent shall take place during normal business hours, same Monday through Friday. Under our guidelines and the state laws of Ohio, however, Emergency repairs may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case performed outside of these hours. State law shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expensegovern what is considered an emergency. Tenant shall be responsible for janitorial all pest control such as mice, fleas, roaches, ants, vermin, insects or other pests unless evidence of same is listed in Tenant's Inspection Report. It is required for the Tenant to notify Landlord of any xxxxx or any mice infestation. At that time if the tenant cannot show professional pest services have been engaged by way of receipt and trash removal from work order then Management reserves the Premisesright to call out Pest Control, at Tenant’s expenseand the tenant will be responsible for monthly service provided by such Pest Control Company. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain agrees to keep the Premises in good order and condition and appearances reasonably commensurate with heated to a minimum temperature of 60 degrees F during cold weather by using the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished heating equipment on or at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance not by using the stove, other appliances, or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana codekerosene space heaters. In such cases, Tenant shall reimburse Landlord immediately upon demand Agent for all costs incurred by Agent in performing repairing or replacing frozen pipes serving Premises if such maintenance freezing is the fault of Tenant, Xxxxxx's family, employees, agents, or repair plus an administration fee equal guest. In overly hot or humid temperatures, Xxxxxx agrees to 5% of such actual and reasonable costs run fans or expensesair conditioning at a maximum 80 degrees F to inhibit humidity.
Appears in 1 contract
Samples: Lease Agreement
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, will maintain in good order, condition and repair the Premises, including the grounds and all appliances and fixtures, in clean, sanitary and good condition and repair. Tenant will not remove Xxxxxxxx’s appliances or fixtures from the Premises for any purpose. If repairs other than general maintenance are required, Tenant will notify Landlord via Property Manager for such repairs. Property Manager will serve to communicate and arrange all necessary maintenance between Landlord and Tenant. In the event of default by Xxxxxx, Xxxxxx will reimburse Landlord for the cost of any repairs or replacement. ● Reasonable Accommodations. Xxxxxxxx agrees to comply with all applicable laws providing equal housing opportunities, including making reasonable accommodations for known physical or mental limitations of qualified individuals with a disability, unless undue hardship would result. Tenant is responsible for making Landlord aware of any such required accommodations that are reasonable and will not impose an undue hardship. If Tenant discloses a disability and requests an accommodation, Landlord has the right to have a qualified healthcare provider verify the disability if the disability is not readily apparent, and Landlord has the right to use the qualified healthcare provider verifying the disability as a resource for providing the reasonable accommodation. Landlord and Xxxxxx will work together to make accommodations for Xxxxxx’s physical and/or mental limitations, but not limited so much that it would require irreparable damage to heating the home and/or financial hardship for the Landlord. ● Sex Offender Registry. Pursuant to law, information about specified registered sex offenders is made available to the public. Tenant understands and air conditioning equipment, walls, floors agrees that Tenant is solely responsible for obtaining any and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving all information contained in the state or national sex offender registry for the area surrounding the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors which can be obtained online or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premiseslocal sheriff’s department or other appropriate law enforcement officials. Depending on an offender’s criminal history, this information will include either the address at Tenant’s expense. Landlord which the offender resides or the community of residence and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises zip code in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenseswhich they reside.
Appears in 1 contract
Samples: Tenant Rules
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout agrees to maintain the Term and all renewals and extensions thereof, maintain Premises in reasonably good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. immediately notify Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors should any minor or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot other repairs be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseneeded. Tenant shall be responsible for janitorial services monitoring the working order of all smoke detectors and trash removal from fire alarm systems in the Premises; and shall promptly advise Landlord in writing of any part if said system becomes inoperable. Major repairs necessary to the Premises shall be reported promptly by Tenant to Landlord in writing and shall be performed by Landlord within a reasonable time. Tenant shall notify Landlord immediately of any emergency repairs necessary to the Premises. If in Landlord's judgment there is substantial damage to the Premises, at Landlord may terminate this lease by giving written notice to Tenant and the Rent shall be prorated and the balance refunded to Tenant, less lawful deductions. Tenant shall pay Landlord for any property damage and/or cost of repairs to the Premises or appliances therein caused by the negligence or improper use by Tenant, Tenant’s expenseguests or other occupants. Landlord and Tenant intend thatWithout limitation, the disposal of women’s feminine hygiene products, coffee grounds, rice, cooking grease, or any other object that does not constitute normal material in the waste/sewer system at all times during the Term, Premises shall be negligent/improper use of the Premises. Tenant shall maintain Premises’ good appearance, insure safety on the Premises, and inform the Landlord if any safety problems arise that Tenant cannot quickly and reasonably remedy as Tenant. Tenant shall be responsible to reimburse and pay Landlord for the costs of any repair/service calls that are scheduled with Tenant and for which Tenant at the time of such repair/service call, and for forty- five (45) minutes thereafter are unavailable at the Premises for such repair/service call. Without limiting the generality of the foregoing, Tenant shall: o Be completely responsible for payment of all necessary treatments to eradicate bed bugs if found at the Premises and if their presence, as solely determined by a pest-control professional, was likely due to the action(s), intentional or unintentional, of the Tenant or any person associated with Tenant (family member, friend, etc…) o Be solely responsible for payment of all non-termite pest control services outside of the Premises’ normal monthly pest-control sprayings if, as solely determined by a pest-control professional, that the probable cause for the presence of pests is Tenant’s excessive dirtiness. Landlord shall have no obligation whatsoever to pay for non-termite pest control services at the Premises other than the regular pest- control sprayings. o Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair; o Not obstruct or cover the windows or doors; o Not leave windows or doors in an open position during any inclement weather; o Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and condition repair and appearances reasonably commensurate with shall use same only for the balance purposes for which they were constructed. Tenant shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Tenant; o Deposit all trash, garbage, rubbish or refuse in the Property. All locations provided therefore and 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; o Reimburse Landlord for any damages that are a result of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair negligence, carelessness, fault, intentional act, or misconduct; o Promptly file a police report if the Premises as required is damaged in any way by this Sectionan unknown person. Failure to file a police report and provide a copy to Bluegrass Rental Homes, Landlord may, on 10 days’ prior written notice (except that no notice shall be required LLC in case a timely manner will result in the Tenant being charged for the damage to Premises o Keep inside of emergency), enter the Premises at a temperature sufficiently high enough to prevent freezing of water in the pipes and perform such maintenance fixtures inside the leased Premises o Not create or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, maintain or allow others to create or maintain any nuisances including but be not limited toto loud noises, sound effects, offensive odors, smoke or dust on or about the Marijuana code. In such casesleased Premises, and that Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenseswill commit no waste.
Appears in 1 contract
Samples: Lease Agreement
Maintenance and Repairs. 7.1 (a) Tenant shall, throughout the term of this lease, at its own cost and expense, throughout the Term and all renewals and extensions thereof, maintain in take good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion care of the Demised Premises or any system or equipment in and the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) fixtures and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseappurtenances therein. Tenant shall be responsible for janitorial services all damage or injury to the Demised Premises or any other part of the building and trash removal the systems and equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, Tenant's Subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any Subtenant or arising out of the Premisesinstallation, use or operation of the property or equipment of Tenant or any Subtenant, such liability to be apportioned among such other tortfeasors as may be liable for such damage(s) or injury(ies). 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 's expense, all repairs in and to the Demised Premises for which Tenant is responsible, using only the contractors approved by Owner which approval shall not be unreasonably withheld. Landlord and Tenant intend that, at all times during the TermIf any replacements become necessary or advisable, Tenant shall make replacements of equal quality, value and design, as reasonably determined by the Owner. If, in the Owner's reasonable opinion, any repairs or maintenance are not made in a timely manner, then in addition to any other remedies Owners may have, Owner may perform the obligation of Tenant and charge the Tenant the cost of same as Additional Rent. Tenant shall have the right to contract with a security company of Tenant's choice except that any installations relating to security shall be subject to landlord's reasonable approval.
(b) Owner shall maintain the Premises in good working order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionexterior and the structural portions of the building, Landlord mayincluding the structural portions of the Demised Premises, on 10 days’ prior written and the public portions of the building interior and the building plumbing, electrical, heating, air conditioning and ventilating systems (to the extent such systems presently exist) serving the Demised Premises. Tenant agrees to give prompt notice (except that no notice of any defective condition in the premises for which Owner may be responsible hereunder. There shall be required no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising 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, provided the premises are reasonably tenantable if such repairs, alterations, additions or improvements continue for more than two business days. It is specifically agreed that Tenant shall not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the Covenants of this or any other article of this Lease. Tenant agrees that Tenant's sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 5 shall not apply in the case of emergency)fire or other casualty which are dealt with elsewhere in this Lease.
(c) Tenant, enter at Tenant's expense, shall cause all portions of the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.Demised Premises
Appears in 1 contract
Samples: Lease Agreement (Edgar Online Inc)
Maintenance and Repairs. 7.1 Tenant shall(a) Landlord shall make all necessary repairs and replacements to the roof, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, exterior walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, exterior doors, floor coveringswindows, dock doorscorridors and other Common Areas, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall keep the Building in a clean and neat condition consistent with comparable office buildings such as those commonly referred to as Terminus 100, Two Alliance, Xxxxxx Tower and 3344 Peachtree, and use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors keep all equipment used in common with other tenants in good condition and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employeerepair. The cost of such preventive repairs, replacements and maintenance contract shall be paid by Tenant and an expense solely chargeable included in Operating Expenses to the extent provided in Section 6 above; provided however, to the extent any such repairs, replacements or maintenance are required because of the negligence, misuse or default of Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). its employees, agents or contractors, Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component make such repairs at Tenant’s sole expense. Tenant .
(b) Landlord shall be responsible for janitorial services keep and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with repair. The cost of such repairs and maintenance to the balance Premises shall be included in Operating Expenses; provided however, to the extent any repairs or maintenance are required in the Premises because of the Property. All negligence, misuse or default of Tenant’s obligations to maintain and repair , its employees, agents or contractors, or are made at the specific request of Tenant, Landlord shall be accomplished make such repairs or perform such maintenance at Tenant’s sole expense. If Notwithstanding the above, Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required solely responsible for any repair or replacement with respect to Tenant’s Property located in case the Premises, the Building or the Common Areas. Nothing in this Section 12 shall obligate Landlord or Tenant to repair normal wear and tear to any paint, wall covering or carpet in the Premises.
(c) Notwithstanding anything to the contrary contained herein, Tenant shall be responsible for all non-base building costs related to critical cooling/additional cooling of emergency), enter the Premises and perform such maintenance non-base building fire suppression systems for the Premises. Tenant shall have the right to use, operate and maintain, a supplemental air conditioning system (“Supplemental HVAC”) at a precise location reasonably satisfactory to Landlord. Tenant shall have the right to operate the Supplemental HVAC twenty-four (24) hours a day, seven (7) days a week. Tenant shall be solely responsible, at its cost and expense, for the maintenance, repair and replacement (if necessary) of the Supplemental HVAC. Tenant shall operate and maintain the Supplemental HVAC in accordance with all applicable federal, state and local laws and regulations. Tenant shall also be responsible for the cost of the electricity and the water, if applicable, to operate the Supplemental HVAC. Upon expiration or repair on behalf earlier termination of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such casesLease, Tenant shall reimburse Landlord immediately upon demand for remove the Supplemental HVAC and repair any and all costs incurred in performing damage to the Premises and/or the Building caused by such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesremoval.
Appears in 1 contract
Maintenance and Repairs. 7.1 Tenant The Lessor shall provide for interior maintenance and repairs in accordance with generally accepted good practices, including repainting, the replacement of worn or damaged floor covering and repairs or replacement of interior equipment as may be necessary due to normal usage. The Lessee shall, during the term of this lease, keep the interior of the demised premises in as good a state of repair as it is at its expensethe time of the commencement of this lease, throughout reasonable wear and tear and unavoidable casualties excepted. The Lessor shall provide office cleaning and building security at no additional charge to the Term Lessee. Lessee is responsible for permitting the professional cleaning vendor access to their leased office space. Office cleaning is normally done the evenings of Wednesdays and all renewals on the weekends. In order to keep our building sanitary, it is CSC policy that any food waste be disposed of in the kitchen area waste baskets only. Lessor is a green-friendly office and extensions thereofdoes recycle paper, cardboard, glass and plastic products. Lessee is responsible for the insurance of personal property, and must provide Lessor with a current proof of general liability insurance on a recurring basis. Subject to the terms and conditions of the Condominium Associations’ rules and regulations, the Lessor shall maintain and keep in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion exterior of the Premises or any system or equipment in demised premises during the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless term of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) this lease and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services the replacement of all windows broken or damaged in the demised premises, except such breakage or damage caused to the exterior of the demised premises by the Lessee, its officers, agents or employees. Subject to the terms and trash removal from conditions of the PremisesCondominium Associations’ rules and regulations, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant Lessor shall maintain the Premises in good order interior and condition and appearances reasonably commensurate with the balance exterior of the Propertydemised premises including grounds and parking area so as to conform to all applicable health and safety laws, ordinances and codes which are presently in effect and which may subsequently be enacted during the term of this lease and any renewal periods. All of Tenant’s obligations to maintain and repair Vehicle parking shall be accomplished at Tenant’s sole expenselimited to parking spaces to the west of the office building. If Tenant fails Subject to maintain the terms and repair conditions of the Premises as required by this Section, Landlord may, on 10 daysCondominium Associations’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises rules and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited toregulations, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand Lessor agrees to furnish pest control services for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% the leased premises during the term of such actual and reasonable costs or expensesthe lease at the expense of the Lessor.
Appears in 1 contract
Samples: Commercial Lease Agreement
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereofterm of this lease, maintain in take good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion care of the Premises or any system or equipment in demised premises and the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expensefixtures appurtenances therein. Tenant shall be responsible for janitorial services all damage or injury to the demised premises or any other part of the building and trash removal the systems and equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the Premisesinstallation, 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 's expense, all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the trade or trades in question, selected from a list of at least two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and systems thereof for which Tenant is responsible shall be performed by Owner at the Tenant's expense. Landlord and Tenant intend that, at all times during the Term, Tenant Owner shall maintain the Premises in good working order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionexterior and the structural portions of the building, Landlord mayincluding the structural portions of its demised premises, on 10 days’ prior written and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises. Tenant agrees to give prompt notice (except that no notice of any defective condition in the premises for which Owner may be responsible hereunder. There shall be required no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising 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. It is specifically agreed that Tenant shall not be entitled to any set off or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this Lease. Tenant agrees that Tenant's sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 4 shall not apply in the case of emergency), enter the Premises and perform such maintenance fire or repair on behalf of Tenant; provided such entry is made other casualty which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana codeArticle 9 hereof. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.WINDOW CLEANING:
Appears in 1 contract
Samples: Office Lease (Hanover Capital Mortgage Holdings Inc)
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereofterm of this lease, maintain in take good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion care of the Premises or any system or equipment in demised premises and the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) fixtures and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseappurtenances therein. Tenant shall be responsible for janitorial services all damage or injury to the demised premises or any other part of the building and trash removal the 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 intentional or unlawful conduct of Tenant, Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor service or equipment done for or supplied to Tenant or any subtenant or arising out of the Premisesinstallation, 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 's expense, all repairs in and to the demised premises, for which Tenant is responsible, using only the contractor approved by Owner, such approval not to be unreasonably withheld or delayed. 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 reasonable expense. Landlord and Tenant intend that, at all times during the Term, Tenant Owner shall maintain the Premises in good working order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionexterior and the structural portions of the building, Landlord mayincluding the structural portions of its demised premises, on 10 days’ prior written and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises. Tenant agrees to give prompt notice (except that no notice of any defective condition in the premises for which Owner may be responsible hereunder, upon Tenant becoming aware thereof. There shall be required no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising 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, provided Owner uses all reasonable efforts to avoid interference with Tenant's business during the course of such work. It is specifically agreed that Tenant shall not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this lease. Tenant agrees that Tenant's sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 4 shall not apply in the case of emergency)fire or other casualty, enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana codeArticle 9 hereof. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.[SEE ARTICLE 54]
Appears in 1 contract
Samples: Office Lease (Media Metrix Inc)
Maintenance and Repairs. 7.1 Tenant shall, at its expense, shall throughout the Term and all renewals and extensions thereofterm of this lease, maintain in take good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion care of the Premises or any system or equipment in demised premises and the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) fixtures and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseappurtenances herein. Tenant shall be responsible for janitorial services all damage or injury to the demised premises or any other part of the building and trash removal the systems and equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant. Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the Premisesinstallation, 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 's expense, all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the trade or trades in question, selected from a list of at least two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and systems thereof for which Tenant is responsible shall be performed by Owner at the Tenant's expense. Landlord and Tenant intend that, at all times during the Term, Tenant Owner shall maintain the Premises in good working order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionexterior and the structural portions of the building, Landlord mayincluding the structural portions of its demised premises, on 10 days’ prior written and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises. Tenant agrees to give prompt notice (except that no notice of any defective condition in the premises for which Owner may be responsible hereunder. There shall be required no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising 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. It is specifically agreed that Tenant shall not be entitle3d to any setoff or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this Lease, Tenant agrees that Tenant's sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 4 shall not apply in the case of emergency), enter the Premises and perform such maintenance fire or repair on behalf of Tenant; provided such entry is made other casualty which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesArticle 9 hereof.
Appears in 1 contract
Maintenance and Repairs. 7.1 By taking possession of the Premises Tenant shallagrees that the Premises are then in a good and tenantable condition. During the Term, Tenant at its expenseTenant's expense but under the direction of Landlord, throughout shall repair and maintain the Term Premises, including the interior walls, floor coverings, ceiling (ceiling tiles and all renewals grid), Tenant Improvements, Alterations, fire extinguishers, outlets and extensions thereoffixtures, 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.
7.2 Landlord shall maintain or cause to be maintained in reasonably good order, condition and repair repair, the Premisesstructural portions of the roof, including but not limited to heating and air conditioning equipment, wallsfoundations, floors and ceilingsexterior walls of the Building, window exteriorsthe Building Systems, mechanical and electrical systems the public and equipment exclusively serving common areas of the PremisesProperty, electric light fixturessuch as elevators, bulbsstairs, tubes corridors and tube casingsrestrooms; provided, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if anyhowever, that have been made Tenant shall pay the cost of repairs for any damage occasioned by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion 's use of the Premises or the Property or any system act or equipment in omission of Tenant or Tenant's Representatives or Visitors, to the Premises which Tenant is obligated extent (if any) not covered by Landlord's property insurance. Landlord shall be under no obligation to repair cannot be fully repaired, inspect the Premises. Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Termreport in writing to Landlord any defective condition known to Tenant which Landlord is required to repair. Tenant shall, at Tenant’s expense, maintain As a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance material part of the heating 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(l), 1941 and air conditioning system by 1942, that allows a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable tenant to Tenant; but if make repairs at its landlord's expense.
7.3 Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have hereby reserves the right, upon notice at any time and from time to time, without liability to Tenant, and without constituting an eviction, constructive or otherwise, or entitling Tenant to undertake any abatement of rent or to terminate this Lease or otherwise releasing Tenant from any of Tenant's obligations under this Lease:
(a) To make alterations, additions, repairs, improvements to or in or to decrease the responsibility for preventive maintenance size of area of; all or any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance part of the Property. All Building, the fixtures and equipment therein, and the Building Systems;
(b) To change the Building's name or street address;
(c) To install and maintain any and all signs on the exterior and interior of Tenant’s obligations the Building;
(d) To reduce, increase, enclose or otherwise change at any time and from time to maintain time the size, number, location, lay-out and repair shall be accomplished at Tenant’s sole expense. 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 Tenant fails any governmental authority promulgates or revises any Law or imposes mandatory or voluntary controls or guidelines on Landlord or the Property relating to maintain and repair the Premises as required by this Section, Landlord may, use or conservation of energy or utilities or the reduction of automobile or other emissions or reduction or management of traffic or parking on 10 days’ prior written notice the Property (except that no notice shall be required in case of emergencycollectively "Controls"), enter to comply with such Controls, whether mandatory or voluntary, or make any alterations to the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesProperty related thereto.
Appears in 1 contract
Maintenance and Repairs. 7.1 Tenant 11.1 Licensee shall, at its expense, throughout the Term sole cost and all renewals and extensions thereofexpense (or through arrangements with third parties), maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Licensed Premises in good order and safe condition and appearances reasonably commensurate in accordance with the balance of the Propertyindustry standards. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this SectionThis includes, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry but is made in compliance with Applicable Laws, including but not limited to, the Marijuana codemaintenance and repair of the Licensed Premises, including the amenities listed in Exhibit D, the interior and exterior of the Café Building,and as set forth in Exhibit E regarding maintenance services.
11.2 Licensee shall maintain the Licensed Premises to DOT’s satisfaction. All such maintenance shall be performed by Licensee in a good and worker-like manner.
11.3 At DOT’s request, Licensee shall conduct site inspections at the Licensed Premises with a representative of DOT. Such inspections shall assess the condition of the Licensed Premises and all Fixed and Additional Fixed Equipment therein, and determine the nature and extent of repairs to be performed by Licensee. Licensee shall make all necessary repairs during the Interim Period and Term.
11.4 Licensee shall be responsible for, at its sole cost and expense, clean-up and removal of all snow, waste, garbage, refuse, rubbish and litter from the Licensed Premises.
11.5 Licensee shall provide adequate and easily accessible garbage and recycling receptacles, approved by DOT, and have these receptacles emptied and removed on each day of operation and as directed by DOT. The location and placement of all garbage and recycling receptacles is subject to DOT’s prior written approval. Licensee shall comply with all City, State, and Federal rules and regulations regarding recycling.
11.6 Snow and ice shall be removed from all walkways within a reasonable period of time so as not to interfere with safe passage pursuant to a DOT-approved snow plan as further illustrated in Exhibit E. If necessary, tables, chairs and umbrellas shall be removed from the Licensed Premises due to such snow and/or ice conditions. Sand or snow melting agent shall be spread as needed to minimize slippery conditions which may arise from the thawing and refreezing of snow and/or ice. Signs shall be posted throughout the Licensed Premises cautioning users of any dangerous conditions due to snow and/or ice. If necessary, the Licensed Premises may be closed due to such snow and/or ice conditions.
11.7 Licensee shall conduct regular pest control inspections and extermination, as needed. Under no circumstances may licensee use a baiting system for pest control or extermination. To the extent Licensee applies pesticides to the Licensed Premises, Licensee, or any subcontractor hired by Licensee, shall comply with Chapter 12 of Title 17 of the New York City Administrative Code and limit the environmental impact of its pesticide use.
11.8 Licensee shall make reasonable efforts to use “Green Seal” eco-friendly cleaning supplies and soaps and chlorine-free, biodegradable products.
11.9 Licensee shall maintain the landscaping at the Licensed Premises. This shall include, but is not limited to, performing any seeding, trimming, pruning, planting, fertilization in all planters and planting beds. Licensee shall also remove any weeds from paving blocks, pavement and concrete areas, and perform seasonal pruning of trees in the Licensed Premises, if applicable. Licensee shall submit detailed plans to DOT of landscaping work to be performed. All work to be performed at the Licensed Premises is subject to DOT’s prior written approval which shall not be unreasonably delayed. No prior written approval shall be required for minor landscaping work done by Licensee. In addition, Licensee shall obtain all necessary permits, approvals, and authorizations from all City, State, and Federal agencies having jurisdiction over the Licensed Premises before any work is performed, and such cases, Tenant work shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% be of such actual and reasonable costs or expensesa quality which meets DOT’s standards.
Appears in 1 contract
Samples: License Agreement
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain in term of this lease take good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion care of the Premises or any system or equipment in demised premises and the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) fixtures and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseappurtenances therein. Tenant shall be responsible for janitorial services all damage or injury to the demised premises or any other part of the building and trash removal the systems and equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the installation, use or operation of the property or equipment of Tenant or any subtenant. Tenant shall also repair all damage to the building and the demised premises caused by the moving of Tenant's fixtures, furniture and equipment. Tenant shall promptly make, at Xxxxxx's expense, all repairs in and to the demised premises for which Xxxxxx is responsible, using only the contractor for the trade or trades in question, selected from a list of at least two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and systems thereof for which Tenant is responsible shall be performed by Owner at the Tenant's expense. Owner shall maintain in good working order and repair the exterior and the structural portions of the building, including the structural portions of its demised premises, and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises. Xxxxxx agrees to give prompt notice of any defective condition in the premises for which Owner may be responsible hereunder. There shall be no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising 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. It is specifically agreed that Tenant shall not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this Lease. Xxxxxx agrees that Xxxxxx's sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 4 shall not apply in the case of fire or other casualty which are dealt with in Article 9 hereof., Window Cleaning: 5. Tenant will not clean nor require, permit, suffer or allow any window in the demised premises to be cleaned from the Premisesoutside in violation of Section 202 of the Labor Law or any other applicable law or of the Rules of the Board of Standards and Appeals, or of any other Board or body having or asserting jurisdiction. Requirements of Law, Fire Insurance, Floor Loads: 6. Prior to the commencement of the lease term, if Tenant is then in possession, and at all times thereafter, Tenant, at Tenant’s 's sole cost and expense. Landlord , shall promptly comply with all present and Tenant intend thatfuture laws, at orders and regulations of all times during the Termstate, Tenant shall maintain the Premises in good order federal, municipal and condition local governments, departments, commissions and appearances reasonably commensurate with the balance boards and any direction of any public officer pursuant to law, and all orders, rules and regulations of the Property. All New York Board of Fire Underwriters, Insurance Services Office, or any similar body which shall impose any violation, order or duty upon Owner or Tenant with respect to the demised premises, whether or not arising out of Tenant’s obligations 's use or manner of use thereof, (including Tenant's permitted use), or, with respect to maintain and repair the building if arising out of Tenant's use or manner of use of the premises or the building (including the use permitted under the lease). Nothing herein shall be accomplished at Tenant’s sole expenserequire Tenant to make structural repairs or alterations unless Tenant has, by its manner of use of the demised premises or method of operation therein, violated any such laws, ordinances, orders, rules, regulations or requirements with respect thereto. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency)after securing Owner to Owner's satisfaction against all damages, enter the Premises interest, penalties and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Lawsexpenses, including including, but not limited to, reasonable attorney's fees, by cash deposit or by surety bond in an amount and in a company satisfactory to owner, contest and appeal any such laws, ordinances, orders, rules, regulations or requirements provided same is done with all reasonable promptness and provided such appeal shall not subject Owner to prosecution for a criminal offense or constitute a default under any lease or mortgage under which Owner may be obligated, or cause the Marijuana codedemised premises or any part thereof to be condemned or vacated. In Tenant shall not do or permit any act or thing to be done in or to the demised premises which is contrary to law, or which will invalidate or be in conflict with public liability, fire or other policies of insurance at any time carried by or for the benefit of Owner with respect to the demised premises or the building of which the demised premises form a part, or which shall or might subject Owner to any liability or responsibility to any person or for property damage. Tenant shall not keep anything in the demised premises except as now or hereafter permitted by the Fire Department, Board of Fire underwriters, Fire Insurance rating Organization or other authority having jurisdiction, and then only in such casesmanner and such quantity so as not to increase the rate for fire insurance applicable to the building, nor use the premises in a manner which will increase the insurance rate for the building or any property located therein over that in effect prior to the commencement of Tenant's occupancy. Tenant shall pay all costs, expenses, fine, penalties, or damages, which may be imposed upon Owner by reason of tenant's failure to comply with the provisions of this article and if by reason of such failure the fire insurance rate shall, at the beginning of this lease or any time thereafter, be higher than it otherwise would be, then Tenant shall reimburse Landlord immediately upon demand Owner, as additional rent hereunder, for that portion of all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% fire insurance premiums thereafter paid by Owner which shall have been charged because of such actual failure by Xxxxxx. In any action or proceeding wherein owner and reasonable costs Tenant are parties, a schedule or expenses"make-up" of rate for the building or demised premises issued by the New York Fire Insurance exchange or other body making fire insurance rates applicable to said premises shall be conclusive evidence of the facts therein stated and of the several items and charges in the fire insurance rates then applicable to said premises. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which it was designed to carry and which is allowed by law. Owner reserves the right to prescribe the weight and position of all safes, business machines and mechanical equipment. Such installations shall be placed and maintained by Tenant, at Tenant's expense, in settings sufficient in Owner's judgment, to absorb and prevent vibration, noise and annoyance. See Article 55.
Appears in 1 contract
Maintenance and Repairs. 7.1 At the time of lease commencement and prior to Tenant’s possession of the Premises, Tenant shalland its architect and project manager shall prepare and deliver to Landlord a written punch list of then-known building deficiencies. Landlord shall correct all such deficiencies within thirty (30) days after receipt of said written punchlist, except if the nature of the deficiency is such that it cannot be corrected in thirty (30) days, then Landlord shall have an additional reasonable amount of time within which to correct the particular deficiency. If Landlord does not correct any deficiency within the time period permitted above, then Tenant shall have the right to do so and upon completion thereof and delivery to Landlord of written documentation substantiating costs incurred and payment thereof by Tenant, Landlord shall pay Tenant said costs (inclusive of an administrative cost of 10%) within thirty (30) days after receipt of same. If Landlord does not pay any amounts due under the preceding sentence within said thirty (30) day period, then Tenant may deduct the cost thereof from the next installment(s) of Rent payable under the Lease. Tenant’s occupancy of the Premises or preparation of a punch list shall not reduce Landlord’s obligation to construct the space in accordance with the Final Plans (defined in Exhibit B). Landlord agrees to cooperate with Tenant to enforce, at its Tenant’s sole cost and expense, throughout any express warranties or guaranties of workmanship or materials given by subcontractors or materialmen that guarantee or warrant against defective workmanship or materials and to cooperate with Tenant in the Term enforcement, at Tenant’s sole cost and all renewals expense, of any service contracts that provide service, repair or maintenance to any item incorporated in the Building; provided that Landlord will not charge Tenant for Landlord’s employees’ time in such cooperation.
7.2 During the Term, Tenant at Tenant’s expense but under the direction of Landlord, shall repair and extensions thereofmaintain Tenant’s signage and the interior of the Premises, including, without limitation, the interior walls, floor coverings, ceiling (ceiling tiles and grid), Tenant Improvements, Alterations, Minor Alterations, fire extinguishers, outlets and fixtures, plate glass, doors, door locks and door hardware, security systems, telecommunications systems, and plumbing fixtures, and any appliances (including dishwashers, hot water heaters and garbage disposers) in the Premises, in a first class condition, and keep the Premises and the parking areas in a clean, safe and orderly condition.
7.3 Landlord shall maintain or cause to be maintained in reasonably good order, condition and repair repair, (i) the exterior of the Building and all other exterior improvements constructed upon the Premises, including including, but not limited to heating to, roof (including without limitation flashing and air conditioning equipmentdrainage systems), wallslawn care and landscaping, floors snow removal, parking areas (other than routine maintenance such as debris and ceilingsrubbish removal which shall be performed by Tenant), window exteriors, mechanical and electrical systems and equipment exclusively serving (ii) the following portions of the Premises: fire sprinkler system, electric light fixturesutility lines up to connection points with the building, bulbsHVAC and other Building Systems, tubes and tube casings, doorsfoundations, floor slab (but not floor coverings) and exterior walls of the Building. All costs incurred by Landlord in performing such maintenance and repair shall be included within the definition of Operating Costs pursuant to the terms of this Lease (except as otherwise provided in this Lease), dock doorsprovided, levelershowever, plumbing system and plumbing fixtures, that Tenant shall pay directly the cost of repairs for any damage occasioned by Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system act or equipment omission of Tenant or Tenant’s Representatives or Visitors, to the extent (if any) not covered by the property insurance in the form required to be maintained by Landlord pursuant to this Lease (or if covered by insurance, then to the extent of any deductible). Notwithstanding anything herein to the contrary, Landlord shall also maintain or cause to be maintained, at its sole cost, the structural portions of the Premises. Landlord shall be under no obligation to inspect the Premises. Tenant shall promptly report in writing to Landlord any defective condition known to Tenant which Landlord is required to repair.
7.4 If any governmental authority promulgates or revises any Law or imposes mandatory controls on Landlord or the Premises which Tenant is obligated relating to repair cannot be fully repairedthe 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 Premises (collectively “Controls”), Tenant shall promptly replace comply with such Controls or make any required alterations to the samePremises related thereto.
7.5 Tenant shall have the exclusive right, regardless subject to approval by the City, to place two large lighted signs on the exterior or on the top of whether the benefit Building and one monument sign in front or on the side of such replacement extends beyond the TermBuilding. Tenant shallshall also have the right to post signs in the parking area, at including signs identifying visitors, reserved and/or other parking designations or limitations. All such signage and Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) right to install same shall be subject to and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance installed in compliance with duly licensed and qualified employeeapplicable Laws. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to all signage is the responsibility of the Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the rightright to approve the design of such signage provided such approval shall not be unreasonably withheld or delayed. It is intended that Tenant shall have the right to place on the Building two large signs with its logotype and its colors, upon notice subject to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at TenantLandlord’s expensereasonable approval. Tenant shall be responsible for janitorial services obligated to maintain the building-mounted signage. Tenant shall not be obligated to remove the Building mounted sign and trash removal from restore the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during Building exterior surface to its original condition unless the Lease shall be involuntarily terminated earlier than the end of the 144th month of the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.
Appears in 1 contract
Maintenance and Repairs. 7.1 A. Landlord shall repair and maintain in good working order and condition (a) the HVAC, electrical, plumbing and other mechanical systems of the Building; (b) the structural components of the Building; and (c) all common and public areas of the Building, subject to Tenant’s obligations to repair pursuant to Section 8(B) below. Additionally, Landlord shall perform any maintenance or make any repairs to the Building (a) as Landlord shall desire or deem necessary for the safety, operation or preservation of the Building, or (b) as Landlord may be required or requested to do by the City of Omaha, Nebraska, or by the order or decree of any court or by any other proper authority. Notwithstanding the foregoing, Landlord shall have no obligation to make any repairs necessitated by the negligence or willful misconduct of Tenant shallor Tenant’s agents, employees or invitees. Landlord shall reimburse Tenant for the cost of any repairs to the Premises necessitated by the acts or omissions of Landlord or Landlord’s assignees, invitees, employees, contractors, tenants, subtenants and agents to the extent Tenant is not reimbursed for such costs under its insurance policies; provided, that Landlord shall have no liability to Tenant to reimburse Tenant for the cost of any repairs which are not reimbursed by Tenant’s insurance because Tenant does not maintain the insurance required under Section 10A of this Lease or elects not to insure Tenant’s personal property in the Premises, or which fall within the deductible amount under any applicable insurance policy.
B. Tenant, at its expense, throughout shall maintain and keep the Term and all renewals and extensions thereof, maintain Premises in good order, condition order and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, subject to ordinary wear and tear and damage by fire or other casualty. Notwithstanding the foregoing, Tenant shall maintain have no obligation to make any repairs necessitated by the Premises in good order and condition and appearances reasonably commensurate with the balance negligence or willful misconduct of the Property. All of TenantLandlord or Landlord’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionagents, Landlord maycontractors, on 10 days’ prior written notice (except that no notice shall be required in case of emergency)subcontractors, enter the Premises and perform such maintenance employees, tenants, subtenants or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana codeinvitees. In such casesaddition, Tenant shall reimburse Landlord immediately upon demand for all the cost of any repairs to the Building necessitated by the acts or omissions of Tenant or Tenant’s assignees, subtenants, invitees, employees, contractors and agents, to the extent Landlord is not reimbursed for such costs incurred in performing such maintenance under its insurance policies; provided, that Tenant shall have no liability to Landlord to reimburse Landlord for the cost of any repairs which are not reimbursed by Landlord’s insurance because Landlord does not maintain the insurance required under Section 10B of this Lease or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.which fall within the deductible amount under the applicable insurance policy..
Appears in 1 contract
Samples: Office Lease (Telvent Git S A)
Maintenance and Repairs. 7.1 By taking possession of the Existing Premises on the Existing Premises Commencement Date, Tenant shallagrees that the Existing Premises are then in a good and tenantable condition. By taking possession of the Expansion Premises Tenant agrees that the Expansion Premises are then in a good and tenantable condition except for any latent defects. Except for maintenance and repairs undertaken by Landlord as provided in Section 7.2 below, Tenant, at its Tenant’s sole cost and expense, throughout the Term and all renewals and extensions thereof, shall maintain in good order, condition and repair the Premises, Premises (including but not limited to heating and air conditioning equipment, the interior walls, floors floor coverings, ceiling (ceiling tiles and ceilingsgrid), window exteriorsTenant Improvements and Alterations, mechanical corridors, restrooms and electrical systems and equipment fire extinguishers), that portion of the Building Systems exclusively serving the Premises, electric light fixturesand the interior public and common areas of the Building, bulbskeeping the same in good and serviceable condition and in compliance with all Laws and Environmental Regulations; provided, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtureshowever, Tenant’s signs maintenance and utility facilities repair obligations shall not maintained include work in the nature of capital repairs, capital replacements or capital improvements under generally accepted accounting principles as reasonably determined by Landlord. Landlord shall use reasonable efforts undertake the capital repairs, replacements and improvements when necessary as determined in Landlord’s good faith discretion, subject to extend to Tenant the benefit from warranties on such itemsreimbursement in Operating Costs in accordance with Section 3.2 of this Lease, if any, that have been made or otherwise as provided in this Lease. Upon request by Landlord’s contractors or vendors , Tenant agrees to provide to Landlord (a) reasonable access to the Premises for inspections, and to extend to Tenant, as (b) appropriate evidence that Tenant is fulfilling its maintenance and if available, repair obligations in this Section 7.1 and any bulk buying power that Landlord may have with such contractors or vendors. If any portion other applicable provisions of the Premises or any system or equipment in the Premises which Lease. The evidence that Tenant is obligated to fulfilling its maintenance and repair cannot be fully repairedobligations includes maintenance contracts, Tenant shall promptly replace the samelogs, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed test reports, and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expensesimilar documentation. If Tenant fails to perform Tenant’s maintenance and repair obligations, then Landlord shall have the right to perform Tenant’s maintenance and repairs commencing thirty (30) days after Landlord has given Tenant written notice thereof (or after a shorter notice period as is reasonable under the circumstances if Tenant’s failure constitutes a violation of any Laws or Environmental Requirements, jeopardize the structural or watertight integrity of the Building, or otherwise might materially adversely affect the Building, Building Systems or Project). Tenant shall pay the cost of repairs for any damage occasioned by Tenant’s use of the Premises or the Project 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, except for normal wear and tear caused by ordinary use of the Premises.
7.2 Landlord shall maintain or cause to be maintained in a condition and repair comparable to similar quality buildings in the Cupertino market, the structural portions of the roof, foundations, floors and exterior walls of the Buildings (collectively, the “Structural Elements”) and Common Areas; provided, however, that Tenant shall pay the cost of repairs for any damage occasioned by Tenant’s use of the Premises or the Buildings 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. The cost to maintain and repair Structural Elements shall not be included in Operating Costs. 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 Premises as required by consideration for this SectionLease, 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 obligations under this Lease:
(a) To make alterations, additions, repairs, improvements to or in or to decrease the size of area of, all or any part of the Building, the fixtures and equipment therein, and the Building Systems ; provided, however, Landlord mayshall not have any right under this provision to materially reduce the size of a Building, on 10 days’ prior written notice (or to permanently, materially and adversely affect Tenant’s access to and use of the Premises, except that no notice shall only as may be required to comply with Laws or as a result of any fire or other casualty or Condemnation;
(b) To change the name or street address of the Building, the Project or the Campus;
(c) To install and maintain any and all signs on the exterior and interior of the Building, Project or Campus;
(d) To reduce, increase, enclose or otherwise change at any time and from time to time the size, number, location, lay-out and nature of the Common Areas (including the Parking Facility) and other tenancies and premises in case the Project and the Campus, and to create additional rentable areas through use or enclosure of emergencycommon 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”), enter to comply with such Controls, whether mandatory or voluntary, or make any alterations to the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesProject related thereto.
Appears in 1 contract
Samples: Lease Agreement (ArcSight Inc)
Maintenance and Repairs. 7.1 Tenant A. Lessor covenants to deliver, and Lessee agrees to accept, the Premises and the furniture in the same condition as the condition of the Premises on the Execution Date.
B. Lessee also acknowledges that Master Landlord, pursuant to and under and subject to the terms and conditions of the Master Lease shall, at its own cost and expense, throughout the Term make all necessary repairs and all renewals and extensions thereof, maintain in good order, condition and repair replacements to the Premises, including but not limited to heating the common areas, and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving any other improvements located on or within the Premises, electric light fixturesunless necessitated as a result of the negligence or willful misconduct of Lessee or its agents, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendorsemployees. If any portion of Lessee shall return the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and Lessor in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with at the balance expiration or termination of the Property. All Term, ordinary wear and tear excepted, as is required for surrender of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as under the Master Lease.
C. In the event Lessee determines that maintenance, repairs or replacements to the Premises are required which are the responsibility of Master Landlord, Lessee will provide reasonably detailed notice of such requirement to Lessor. Lessor shall promptly, and in any event, within twenty four (24) hours, notify Master Landlord of the need for such maintenance, repairs or replacements and shall provide a confirmation of such notice to Lessee; provided, that if the condition is such that Lessee reasonably determines that Master Landlord's immediate action is required, Lessee shall so advise Lessor and Lessor shall provide such notice to Master Landlord immediately and, in any event, within five (5) hours and shall provide a confirmation of such notice to Lessee. In the event Lessor does not provide notice to Master Landlord of the need for maintenance, repairs or replacements within the time required by this SectionSection 8C, Lessor authorizes Lessee to communicate directly with Master Landlord maywith regard to such maintenance, on 10 days’ prior written repairs or replacements. After such notice (except that no notice shall has been provided to Master Landlord, whether by Lessor or Lessee, Lessor authorizes Lessee to communicate directly with Master Landlord as Lessee determines to be required in case of emergency), enter appropriate to secure the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% completion of such actual and reasonable costs maintenance, repairs or expensesreplacement.
Appears in 1 contract
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereofterm of this lease, maintain in take good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion care of the Premises or any system or equipment in demised premises and the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) fixtures and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseappurtenances therein. Tenant shall be responsible for janitorial services all damage or injury to the demised premises or any other part of the building and trash removal the systems and equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting from carelessness, omission where Tenant had a duty to act, neglect or improper conduct of Tenant, Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant, other than Landlord's work, or arising out of the Premisesinstallation, use or operation of the property or equipment of Tenant or any subtenant, unless caused by the act or omission of Owner, its agents, employees or contractors. 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 's expense, all repairs in and to the demised premises for which Tenant is responsible, using contractors reasonably acceptable to 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. Landlord and Tenant intend that, at all times during the Term, Tenant Owner shall maintain the Premises in good working order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionexterior and the structural portions of the building, Landlord mayincluding the structural portions of its demised premises, on 10 days’ prior written and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises. Tenant agrees to give prompt notice (except that no notice of any defective condition in the premises for which Owner may be responsible hereunder after Tenant has actual knowledge thereof. There shall be required no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner or others making repairs alterations, additions or improvements in case or to any portion of emergency)the building or the demised premises or in and to the fixtures, enter the Premises and perform such maintenance appurtenances or repair on behalf of Tenant; equipment thereof, provided such entry is made in compliance actions do not materially interrupt, interfere with Applicable Laws, including but not limited to, or otherwise adversely affect the Marijuana codeTenants use of the Demised Premises or the reasonable. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal sale and convenient access to 5% of such actual and reasonable costs or expenses.the
Appears in 1 contract
Samples: Lease Agreement (Ask Jeeves Inc)
Maintenance and Repairs. 7.1 (a) Tenant shall, at its own cost and expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair and replace as necessary the Demised Premises, including but not limited to heating and the heating, air conditioning equipmentand ventilation systems, glass, windows and doors, sprinkler, all plumbing and sewage systems, fixtures, interior walls, floors and (including floor slabs), dock areas, dock ramps, ceilings, window exteriorsstorefronts, mechanical and plate glass, skylights, all electrical systems facilities and equipment including, without limitation, lighting fixtures, lamps, fans and any exhaust equipment and systems, electrical motors, and all other appliances and equipment (including, without limitation, dock levelers, dock shelters, dock seals and dock lighting) which exclusively serving serve the Demised Premises, electric light fixturesexcept as to such maintenance, bulbs, tubes repair and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. replacement as is the obligation of Landlord shall use reasonable efforts pursuant to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalfSection 10(b). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during During the Term, Tenant shall maintain in full force and effect a service contract for the Premises maintenance of the heating, ventilation and air conditioning systems with an entity reasonably acceptable to 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. Tenant shall deliver to Landlord (i) a copy of said service contract prior to the Lease Commencement Date, and (ii) thereafter, a copy of a renewal or substitute service contract within thirty (30) days prior to the expiration of the existing service contract. Tenant’s obligation shall exclude any maintenance, repair and replacement required because of the act or negligence of Landlord, its employees, contractors, agents, licensees or invitees, which shall be the responsibility of Landlord. Tenant shall not be obligated to replace any item if such item can be repaired to good working order.
(b) Except as set forth in Section 10(a), Landlord shall, at its own cost and expense, maintain in good order and condition and appearances reasonably commensurate with repair and replace as necessary all patent and latent defects in the balance construction of the PropertyBuilding actually known to Landlord and which affect the operation of the Building or the Demised Premises, the foundation (beneath the floor slab) and structural portions of the Building, including the roof, columns, beams and structural steel in the Building. All Subject in each instance to the waiver set forth in Section 8(d) of this Lease and to the receipt of insurance proceeds from all insurance policies required to be maintained by the parties hereunder, Landlord’s obligation shall exclude the cost of any maintenance or repair required because of the act or negligence of Tenant or any of Tenant’s obligations to maintain and repair subsidiaries or affiliates, or any of Tenant’s or such subsidiaries’ or affiliates’ agents, contractors, employees, licensees or invitees (collectively, “Tenant’s Affiliates”), the cost of which shall be accomplished at the responsibility of Tenant. Landlord shall never have any obligation to repair, maintain or replace, pursuant to this subsection 10(b) or any other provision of this Lease, any Tenant’s sole expense. If Change (as defined in Section 18 hereof).
(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 fails pursuant to maintain and repair the Premises as required by terms of this SectionLease, Landlord mayshall 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, on 10 days’ prior written notice 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.
(except that no notice shall be required d) Landlord will maintain, repair and replace as necessary the Building Common Area in case a manner consistent with the operation of emergencyfirst-class industrial/warehouse/ distribution buildings in the Market Area (as defined in Exhibit G), enter and will provide, without limitation, snow and ice removal in the Premises parking areas surrounding the Building. The cost of all such maintenance, repair and perform such maintenance or repair on behalf of Tenant; provided such entry is made replacement will be included in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesOperating Expenses.
Appears in 1 contract
Samples: Industrial Lease Agreement (Elevance Renewable Sciences, Inc.)
Maintenance and Repairs. 7.1 (a) Landlord shall have no obligation to maintain any portion of the Demised Premises, it being the intention of the parties that this be an absolute net lease. Tenant shall, at its sole cost and expense, throughout maintain the Term and all renewals and extensions thereof, maintain Demised Premises in good order, condition and repair during the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion term of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expensethis Lease. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at obligated to maintain all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All interior and exterior of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter improvements comprising the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable LawsDemised Premises, including but not limited to, the Marijuana codeplumbing, heating, electrical wiring, well pump, air conditioning and other mechanical systems in such improvements, all interior and exterior painting and decorating, the roof and all other structural components of such improvements. In Tenant shall also perform all maintenance of the grounds comprising the Demised Premises, including but not limited to, trimming the shrubs, mowing the grass and cleaning and repairing all parking lots and driveways located on the Demised Premises. All such casesrepairs, restorations, and replacements will be in quality and class equal to the original work or installations and the Demised Premises shall be kept in a neat and orderly manner. Tenant shall deliver the Demised Premises to Landlord at the expiration or earlier termination of this Lease in as good condition as of the effective date of this Lease, normal wear and tear and damage by casualty excepted. During the Term, Tenant shall reimburse maintain in full force and effect a service contract for the maintenance of the heating, ventilation and air conditioning systems with an entity reasonably acceptable to Landlord. Tenant shall deliver to Landlord immediately upon demand for all costs incurred (i) a copy of said service contract prior to the Lease Commencement Date, and (ii) thereafter, a copy of a renewal or substitute service contract within thirty (30) days prior to the expiration of the existing service contract. In the event Landlord, its employees, contractors or agents causes any damage to the Demised Premises, Landlord shall promptly repair such damage in performing such a good and workmanlike manner at Landlord's sole cost and expense.
(b) Landlord shall have no obligation of any maintenance or repair plus an administration fee equal including but not limited to 5% any maintenance or repair required because of the act or negligence of Tenant or any of Tenant's subsidiaries or affiliates, or any of Tenant's or such actual subsidiaries' or affiliates' agents, contractors, employees, licensees or invitees (collectively, "Tenant's Affiliates"), the cost of which shall be the responsibility of Tenant.
(c) Unless the same is caused solely by the gross negligence of Landlord, its employees or agents, and reasonable costs 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 expensesto 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 negligence of occupants of adjacent property or the public.
Appears in 1 contract
Maintenance and Repairs. 7.1 Tenant shallYou, as the tenant, are expected to maintain the property and keep it in as good condition as when you took possession. Maintenance problems should be called into the property manager at its 726-7679 and followed up in writing. If you fail to report a maintenance problem, you will be charged for any repairs by neglecting to do so. All breakdown, system failures and structural defects must be reported to Management immediately and Management will make any necessary repairs within a reasonable amount of time. Rent may not be withheld because of needed repairs, nor may the cost of unauthorized repairs be deducted from your rent. You will not be reimbursed for any unauthorized repairs you make. It will be necessary for you to make arrangements to be home when maintenance is done or give permission for the service provider to enter with a key. IF YOU DO NOT HAVE A TELEPHONE, we reserve the right to allow service personnel to enter with a key. Unless you request otherwise in writing, the Property Manager assumes your permission to allow service providers to enter with a key to make repairs. Examples of maintenance which you are expected to do at your own expense:
a. Replace light bulbs.
b. Replace torn and damaged screens caused by your negligence or by persons unknown
c. Replace damaged windows, throughout the Term and all renewals and extensions thereof, maintain doors or door locks caused by your negligence or by persons unknown.
d. Replace faucet washers.
e. Replace filters in good order, condition and repair the Premises, including but not limited to heating and air air-conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlordonce per month. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendorsONLY USE LOW-MEDIUM GRADE FILTERS. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated maintenance had to repair cannot replace an air filter to fix your heating and/or air problem, you will be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing charged for the regular inspection (at least quarterly) service xxxx.
f. Relight gas furnaces or hot water heaters safely.
g. Attempt to unstop plumbing drains or fixtures with a “Liquid Plumber” type product.
h. Replace filters and maintenance of salt in water softeners.
i. Replace fuses when necessary.
j. Do NOT dump grease down the heating sink or toilets. Sanitary items and air conditioning system diapers are NOT to be flushed down the toilets. Any damage caused by a licensed and qualified heating and air conditioning contractorneglect by you to your septic tanks, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall you will be responsible for janitorial services and trash removal from the Premisesrepair xxxx Examples of types of repairs the Management will make at no expense to Tenant:
a. Repairs to furnace or air-conditioning systems, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises which fail through normal use.
b. Replace heating units for hot water tanks which fail through normal use.
c. Repair leaks in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance roof.
d. Replace or repair on behalf any part of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance plumbing or electrical wiring which fails through normal use.
e. Replace or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesany appliance which fails through normal use.
Appears in 1 contract
Samples: Lease Agreement
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereofterm of this lease, maintain in take good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion care of the Premises or any system or equipment in demised premises and the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) fixtures and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseappurtenances therein. Tenant shall be responsible for janitorial services all damage or injury to the demised premises or any other part of the building and trash removal the systems and equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the Premisesinstallation, 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 's expense, all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the trade or trades in question, selected from a list of at least two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and systems thereof for which Tenant is responsible shall be performed by Owner at the Tenant's expense. Landlord and Tenant intend that, at all times during the Term, Tenant Owner shall maintain the Premises in good working order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionexterior and the structural portions of the building, Landlord mayincluding the structural portions of its demised premises, on 10 days’ prior written and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises. Tenant agrees to give prompt notice (except that no notice of any defective condition in the premises for which Owner may be responsible hereunder. There shall be required no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising 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. It is specifically agreed that Tenant shall not be entitled to any setoff or reduction of rent y reason of any failure of Owner to comply with the covenants of this or any other article of this Lease. Tenant agrees that Tenant's sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 4 shall not apply in the case of emergency), enter the Premises and perform such maintenance fire or repair on behalf of Tenant; provided such entry is made other casualty which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesArticle 9 hereof.
Appears in 1 contract
Samples: Office Lease (Politics Com Inc)
Maintenance and Repairs. 7.1 a. Tenant shall, at its expensesole Cost and Expense will keep in good, throughout clean, first class and operable condition the Term Leased Premises and all renewals and extensions every part thereof, maintain in good orderincluding, condition and repair the Premises, including but not limited to heating and to, all plumbing, heating, roof, parking lot, ventilation, air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively in, on or serving the Leased Premises, electric light fixtures, bulbs, tubes and tube casingswindows, doors, floor coveringsfloors, dock doorsinterior walls, levelersthe roof, plumbing system exterior walls, ceiling and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion basement which are part of the Premises Leased Premises, and will make or any system cause to be made all necessary or equipment in appropriate repairs, replacements or renewals thereof, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen, capital or ordinary.
b. In addition to the Premises which Tenant is obligated to repair cannot be fully repairedforegoing, Tenant shall promptly replace be required to make such repairs, maintenance and replacements at such reasonable intervals as the sameparties may agree, regardless which intervals are initially designated on Exhibit D. Tenant will maintain a software package that schedules all preventative maintenance procedures with the settings consistent with those set forth on Exhibit D. Such repairs, maintenance and replacements shall be done in a good, workmanlike and first class manner. If Landlord so requires, Tenant shall obtain Landlord's consent, which shall not be unreasonably withheld, as to the selection of whether the benefit contractors prior to commencement of such work. Subject to Tenant's right to use internal personnel for repair, replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractorobligations, or Tenant shall perform such contract for regular maintenance and upkeep for landscaping, elevators, janitorial and the HVAC inspection system, and maintenance shall provide Landlord with duly licensed and qualified employee. The cost copies of such preventive maintenance contract shall be paid by Tenant concurrently herewith and an expense solely chargeable within five (5) business days after Landlord's request. If Landlord and/or a successor in interest to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible bound by such contracts, such contracts shall include a clause that makes them terminable upon thirty (30) days written notice from Landlord. Unless Tenant has contracted for janitorial services repair, replacement and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend thatmaintenance obligations with a third-party, at all times during the Lease Term, Tenant shall maintain internal maintenance personnel adequate to maintain the Leased Premises in good order good, clean, first class and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expenseoperable condition. If Tenant fails does not maintain such internal maintenance personnel, as Landlord shall reasonably determine, Tenant shall enter into such maintenance contracts on such terms and conditions as Landlord shall reasonably require.
c. Tenant shall also cause the Leased Premises to maintain be inspected by a licensed contractor on an annual basis, or at such other times as Landlord shall reasonably designate, and Tenant shall perform, subject to Unavoidable Delays, within forty five (45) days after the presentation of the contractor's findings, all repairs, maintenance and replacements designated by said contractor. If Landlord so requires, Tenant shall obtain Landlord's consent, which shall not be unreasonably withheld, as to the selection of said contractor. Tenant shall also cause the roof, parking lot, plumbing and electrical systems to be inspected by a licensed roofing contractor, paving company, plumbing company or electrical company as applicable, on an annual basis, or at such other times as Landlord shall designate and Tenant shall perform, subject to Unavoidable Delays, within forty five (45) days after the presentation of the contractor's findings, all repairs, maintenance and replacements designated by said contractor. Tenant shall provide Landlord with a copy of any reports or findings pursuant to any inspection required hereunder within five (5) business days after Tenant's receipt thereof.
d. If Tenant does not timely perform all of its maintenance, repair the Premises and replacement obligations as required by the terms of this SectionLease, Landlord may, on 10 days’ prior written notice (except that but shall have no notice shall be required in case of emergency)obligation to, enter the Premises and perform such maintenance or repair on behalf of obligations at Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code's sole Cost and Expense. In such casesevent, Tenant shall reimburse Landlord immediately upon demand for all costs incurred Costs and Expenses associated therewith upon demand, with interest at the Default Rate from date of payment by Landlord. Such sums shall be considered Rent for all purposes hereunder.
e. Tenant shall be required to maintain the Leased Premises in performing a first class condition through the Lease Term, at its sole Cost and Expense. Notwithstanding anything contained herein to the contrary, Tenant shall be solely responsible for all maintenance, repairs and replacements affecting the Leased Premises during the Lease Term and in no event shall Tenant be deemed an agent of Landlord for the purpose of conducting such maintenance or repair plus an administration fee equal to 5% maintenance, repairs, and replacements without the express written acknowledgement of such actual and reasonable costs or expensesagency by Landlord.
Appears in 1 contract
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereofterm of this lease, maintain in take good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion care of the Premises or any system or equipment in demised premises and the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) fixtures and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseappurtenances therein. Tenant shall be responsible for janitorial services all damage or injury to the demised premises or any other part of the building and trash removal the systems and equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the Premisesinstallation, 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 's expense, all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the trade or trades in question, selected from a list of at least two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and systems thereof for which Tenant is responsible shall be performed by Owner at the Tenant's expense. Landlord and Tenant intend that, at all times during the Term, Tenant Owner shall maintain the Premises in good working order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionexterior and the structural portions of the building, Landlord mayincluding the structural portions of its demised premises, on 10 days’ prior written and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises. Tenant agrees to give prompt notice (except that no notice of any defective condition in the premises for which Owner may be responsible hereunder. There shall be required no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising 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. it is specifically agreed that Tenant shall not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this Lease. Tenant agrees that Tenant's sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 4 shall not apply in the case of emergency), enter the Premises and perform such maintenance fire or repair on behalf of Tenant; provided such entry is made other casualty which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana codeArticle 9 hereof. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.3 WINDOW CLEANING:
Appears in 1 contract
Samples: Office Lease (Launch Media Inc)
Maintenance and Repairs. 7.1 Tenant shallshall take good care of and maintain the Premises (including all Trade Fixtures, at its expenseand improvements, throughout the Term and all renewals and extensions thereofadditions, maintain or alterations situated in good order, condition and repair the Premises) in a first class, including but clean, and safe condition. Tenant shall not limited commit or allow any waste or damage to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties be committed on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Premises. Tenant shall promptly repair or replace any damage to any part of the sameProject, regardless of whether the benefit of such replacement extends beyond the Termcaused by Tenant or by a Tenant Related Party. However, upon written notice and Tenant shallfails to cure within a reasonable time as set forth in this Lease after written notice, Landlord may, at Tenant’s expenseits option, maintain a preventive maintenance contract providing make such repairs, improvements, or replacements; and Tenant shall repay Landlord on demand the actual costs incurred by Landlord to make such repairs, improvements, or replacements plus an additional charge (as reasonably determined by Landlord) to cover administrative overhead. Landlord shall arrange for the regular inspection (at least quarterly) repair and maintenance of the heating foundation, exterior walls, and roof of the Building; the public areas within the Building; the heating, air conditioning conditioning, and ventilation system within the Building; and the facilities providing utility services (other than facilities installed by a licensed telephone or telecommunications provider selected by Tenant) which are located within the Project (collectively, “Landlord's Repair Obligations”). Landlord, however, shall not be required to make any repairs arising as a result of, in whole or in part, the act or negligence of Tenant or any Tenant Related Party; and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The the cost of such preventive maintenance contract those repairs shall be paid by Tenant and an expense solely chargeable to the obligation of Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and . In the event that the Premises 1001 3rd Avenue South - Select Comfort Corporation - NNN (2016 v1.1) become in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance need of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Termrepairs which are within Landlord's Repair Obligations, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance give immediate notice to Landlord of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% nature of such actual repair needs; and Landlord shall not be responsible in any way for failure to make any repairs until a reasonable costs or expensestime shall have elapsed after receipt by Landlord of such written notice.
Appears in 1 contract
Maintenance and Repairs. 7.1 By taking possession of the Premises Tenant shall, at its expense, throughout agrees that the Term Premises are then in a good and all renewals and extensions thereoftenantable condition. Tenant shall be responsible to clean, maintain in good order, condition and repair the Premises, including providing janitorial services and disposal of trash; and to that end, during the Term, Tenant, at Tenant's expense but not limited to heating under the direction of Landlord, shall repair and maintain the Premises, including, without limitation, any elevator, the heating, ventilating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical system or systems and equipment exclusively serving the Premises, electric light the electrical and plumbing systems serving the Premises, including the lighting and plumbing fixtures, bulbsthe restrooms serving the Premises, tubes interior stairways in the Premises, the interior and tube casingsexterior glass, doorsplate glass skylights, interior walls, floor coverings, dock doorsceiling (ceiling tiles and grid), levelersTenant Improvements, plumbing system Alterations, fire extinguishers, outlets and plumbing fixtures, 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. Prior to the 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 shall not be unreasonably withheld or delayed), to maintain, on an ongoing basis (at least quarterly), the heating, ventilating and air-conditioning system serving the Premises. Tenant acknowledges that the sewer piping at the Development is made of ABS plastic. Accordingly, without Landlord's prior written consent, which consent may be granted or withheld in Landlord's sole discretion, Tenant shall allow only ordinary domestic sewage to be placed in the sewer system from the Premises. UNDER NO CIRCUMSTANCES SHALL TENANT EVER PLACE, OR ALLOW TO BE PLACED, ANY ESTERS OR KETONES (USUALLY FOUND IN SOLVENTS TO CLEAN UP PETROLEUM PRODUCTS) IN THE DRAINS OR SEWER SYSTEM, FROM THE PREMISES.
7.2 Landlord shall (a) maintain or cause to be maintained in reasonably good order, condition and repair, the structural portions of the roof, foundations, floors and exterior walls of the Building, and the public and common areas outside of the Building, (b) that portion of the electrical, water and sanitary sewer systems serving the Building and located outside the Building, (c) wash the exterior windows of the Building on a periodic basis, (d) caulk exterior window joints and concrete slabs and (e) paint the exterior of the Building, all of which shall be included as a part of Operating Costs, subject to the terms and conditions contained in Section 3.2 of this Lease; provided, however, if any maintenance or repair of electrical, water and sanitary sewer systems outside the Building is caused by Tenant’s signs 's misuse of such system, the costs of such maintenance and utility facilities repair shall not maintained by Landlordconstitute a capital expenditure for the purposes of Section 3.2 of this Lease. 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(l), 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 obligations under this Lease:
(A) To make alterations, additions, repairs, improvements to or in or to decrease the size of area of, all or any part of the Building, the fixtures and equipment therein, and the Building Systems (except that Landlord shall not have any right under this provision to materially reduce the size of the Building, or permanently, materially and adversely affect Tenant's access to and use of the Premises, except only as may be required to comply with Laws or as a result of any fire or other casualty, or Condemnation);
(B) To 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, increase, enclose or otherwise change at any time and from time to time the size, number, location, lay-out and nature of the common areas (including the Parking Facility) and other tenancies and premises in 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 Controls, whether mandatory or voluntary, or make any alterations to the Property related thereto.
(F) In exercising its rights under this Section 7.3, Landlord agrees to use reasonable efforts to extend minimize any interruption to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to disruption of Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion 's use of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.
Appears in 1 contract
Samples: Lease Agreement (Clarent Corp/Ca)
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlordfacilities. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects. Should Tenant fails to perform such preventative maintenance, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon thirty (30) days’ notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice and subject to Tenant’s Access Requirements (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana codeAct. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.
Appears in 1 contract
Samples: Lease Agreement (Power REIT)
Maintenance and Repairs. 7.1 (a) Tenant shall, at its own cost and expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair and replace as necessary the interior of the Demised Premises, including but not limited to heating and the heating, air conditioning equipmentand ventilation systems, glass, windows and doors, sprinkler, all plumbing and sewage systems, fixtures, interior walls, floors and (including floor slabs except as provided for in Section 10(b) below), ceilings, window exteriorsstorefronts, mechanical and plate glass, skylights, all electrical systems facilities and equipment exclusively serving including, without limitation, lighting fixtures, lamps, fans and any exhaust equipment and systems, electrical motors, and all other appliances and equipment (including, without limitation, dock levelers, dock shelters, dock seals and dock lighting) of every kind and nature located in, upon or about the Demised Premises, electric light fixturesexcept as to such maintenance, bulbs, tubes repair and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. replacement as is the obligation of Landlord shall use reasonable efforts pursuant to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalfSection 10(b). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during During the Term, Tenant shall maintain in full force and effect a service contract for the Premises maintenance of the heating, ventilation and air conditioning systems with an entity reasonably acceptable to 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. Tenant shall deliver to Landlord (i) a copy of said service contract prior to the Lease Commencement Date, and (ii) thereafter, a copy of a renewal or substitute service contract within thirty (30) days prior to the expiration of the existing service contract. Tenant’s obligation shall exclude any maintenance, repair and replacement required because of the act or negligence 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 order and condition and appearances reasonably commensurate with repair the balance foundation (beneath the floor slab except as hereinafter set forth), the roof and structural frame of the PropertyBuilding. All In addition, Landlord shall be responsible for damage to the floor slab caused by defect in the foundation or structural frame of the Building, specifically excluding, however, damage caused by the use of the floor or Demised Premises by Tenant or any Tenant’s Affiliates. Landlord’s obligation shall exclude the cost of any maintenance or repair required because of the act or negligence of Tenant or any of Tenant’s obligations to maintain and repair subsidiaries or affiliates, or any of Tenant’s or such subsidiaries’ or affiliates’ agents, contractors, employees, licensees or invitees (collectively, “Tenant’s Affiliates”), the cost of which shall be accomplished at the responsibility of Tenant. Landlord shall never have any obligation to repair, maintain or replace, pursuant to this subsection 10(b) or any other provision of this Lease, any Tenant’s sole expense. If Change (as defined in Section 18 hereof).
(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 fails pursuant to maintain and repair the Premises as required by terms of this SectionLease, Landlord mayshall 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, on 10 days’ prior written notice (except that no notice shall be required in case or for any damage occasioned by water coming into the Demised Premises or arising from the acts or neglects of emergency), enter occupants of adjacent property or the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensespublic.
Appears in 1 contract
Maintenance and Repairs. 7.1 Tenant shall9.1 AGENT is authorized to make or cause to be made, at its expensethrough contracted services or otherwise, throughout all ordinary repairs and replacements reasonably necessary to preserve and maintain the Term PREMISES in an attractive condition and in good state of repair for the operating efficiency of the PREMISES, and all renewals alterations required to comply with lease requirements, governmental regulations, or insurance requirements. At the request and extensions thereofexpense of the OWNER, maintain in good orderthe AGENT may decorate the PREMISES and to purchase or rent, condition and repair the Premiseson OWNER's behalf, including but not limited to heating and air conditioning all equipment, wallstools, floors appliances, materials, supplies, and ceilingsother items necessary for the management, window exteriorsmaintenance, mechanical or operation of the PREMISES. Such maintenance and electrical systems decorating expenses will be paid by the OWNER and equipment exclusively serving through the PremisesOPERATING ACCOUNT. AGENT shall not be liable to OWNER for any act, electric light fixturesomission, bulbsor breach of duty of such independent contractors or suppliers. SAMPLE
9.2 Due to the volume of business and AGENT’S business relationships with vendors, tubes certain benefits in the form of rebates, gratuities and tube casingsdiscounts are sometimes made available to AGENT and its employees. AGENT does not xxxx up invoices and charges to OWNERS and therefore, doorsAGENT retains all available discounts, floor coveringsgratuities, dock doorsand rebates. AGENT shall always award vendor contracts and otherwise deal with vendors based upon price, levelersavailability, plumbing system workmanship and industry reputation.
9.3 AGENT shall contract for bi‐annual interior preventative maintenance at the rate of $50 (fifty dollars) per visit at the expense of the Owner. The contractor will check plumbing fixtures, Tenant’s signs caulking, doorstops, dryer vents, smoke detectors, furnace filters and utility facilities make the necessary repairs. AGENT agrees to back‐ charge tenant for tenant related expenses. Owner acknowledges this is a not maintained a full home inspection and Owner agrees to hold AGENT and Vendor harmless and keep them exonerated from all loss, damage, liability or expense occasioned or claimed by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors reasons of acts or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion neglect of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing Vendor and/or his employees for the regular inspection (purpose of conducting the bi‐annual interior maintenance walk through.
9.4 At the expense of the Owner, smoke detectors and carbon monoxide detectors will be installed if not already present. Smoke detectors will be installed in a minimum of each bedroom. Carbon monoxide detector(s) are to be installed between bedrooms, with at least quarterly) one on each level.
9.5 The expense incurred for any one transaction shall not exceed $150.00 (one hundred fifty dollars), except monthly or recurring operating charges and maintenance emergency repairs, unless otherwise authorized by the OWNER, typically done via e‐mail. OWNER will advise agent of additional forms of preferred contact.
9.6 Owners are not authorized to have or keep keys to the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times Property during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance life of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesAgreement.
Appears in 1 contract
Samples: Rental Management Agreement
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term term of this lease, take good care of the demised premises and the fixtures and appurtenances therein. Tenant shall be responsible for all renewals damage or injury to the demised premises or any other part of the building and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premisesthereof, electric light fixtureswhether requiring structural or nonstructural repairs caused by or resulting from carelessness, bulbsomission, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixturesneglect or improper conduct of Tenant, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors subtenant or vendors. If any portion arising out of the Premises installation, use or operation of the property or equipment of Tenant or any system or equipment in subtenant. Tenant shall also repair all damage to the Premises which Tenant is obligated to repair cannot be fully repairedbuilding and the demised premises caused by the moving of Tenant’s fixtures, furniture and equipment. Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shallmake, at Tenant’s expense, maintain a preventive maintenance contract providing all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the regular inspection (trade or trades in question, selected from a list of at least quarterly) two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or systems thereof for which Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract is responsible shall be paid performed by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have Owner at the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Owner shall maintain in good working order and repair the exterior and the structural portions of the building, including the structural portions of its demised premises, and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) servicing the demised premises. Tenant agrees to give prompt notice of any defective condition in the premises for which Owner may be responsible hereunder. There shall be no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reasons 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. It is specifically agreed that Tenant shall not be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the balance covenants of the Propertythis or any other article of this Lease. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant agrees that Tenant’s sole expenseremedy at law in such instance will be by way of an action for damages for breach of contract. If Tenant fails to maintain and repair The provisions of this Article 4 shall not apply in the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance fire or repair on behalf of Tenant; provided such entry is made other casualty which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesArticle 9 hereof.
Appears in 1 contract
Maintenance and Repairs. 7.1 (a) Tenant shall, throughout the term of this Lease, at its own cost and expense, throughout take good care of the Term Demised Premises and the fixtures and appurtenances therein. Tenant shall be responsible for all renewals damage or injury to the Demised Premises or any other part of the building and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premisesthereof, electric light fixtureswhether requiring structural or nonstructural repairs caused by or resulting from carelessness, bulbsomission, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixturesneglect or improper conduct of Tenant, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors Subtenant or vendors. If any portion arising out of the Premises installation, use or operation of the property or equipment of Tenant or any system or equipment in Subtenant. Tenant shall also repair all damage to the building and the Demised Premises which Tenant is obligated to repair cannot be fully repairedcaused by the moving of Tenant’s fixtures, furniture and equipment. Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shallmake, at Tenant’s expense, maintain a preventive maintenance contract providing all repairs in and to the Demised Premises for which Tenant is responsible, using only the contractor for the regular inspection (trade or trades in question, selected from a list of at least quarterlytwo contractors per trade submitted by Owner. If any replacements become necessary or advisable, Tenant shall make replacements of equal quality, value and design, as reasonably determined by the Owner. If, in the Owner’s sole opinion, any repairs or maintenance are not made within 60 days, then in addition to any other remedies Owner may have, Owner may perform the obligation of Tenant and charge the Tenant the cost of same as Additional Rent. However, the aforesaid 60 days shall be reasonably extended if Tenant is making a good faith effort to make the required repair or perform the required maintenance but is prevented from doing so for reasons beyond Tenant’s reasonable control.
(b) Owner shall maintain in good working order and maintenance repair the exterior and the structural portions of the building, including the structural portions of the Demised Premises, and the public portions of the building interior and the building plumbing, electrical, heating and air conditioning system ventilating systems (to the extent such systems presently exist) serving the Demised Premises. Tenant agrees to give prompt notice of any defective condition in the premises for which Owner may be responsible hereunder. There shall be no allowance to Tenant for diminution of rental value and no liability on the part of Owner by a licensed 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 qualified heating and air conditioning contractorto the fixtures, appurtenances or equipment thereof. It is specifically agreed that Tenant shall perform not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the Covenants of this or any other Article of this Lease. Tenant agrees that Tenant’s sole remedy at law in such HVAC inspection and maintenance with duly licensed and qualified employeeinstance will be by way of an action for damages for breach of contract. The cost provisions of such preventive maintenance contract this Article 5 shall be paid by Tenant and an expense solely chargeable to not apply in the case of fire or other casualty which are dealt with elsewhere in this Lease.
(c) Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at shall cause all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance portions of the Property. All Demised Premises used for storage, preparation, service or consumption of Tenant’s obligations food or beverages regularly to maintain and repair shall be accomplished at Tenant’s sole expense. If exterminated against infestation by vermin, rodents or roaches by persons approved in writing in advance by Owner.
(d) Tenant fails will not clean nor require, permit, suffer or allow any window in the Demised Premises to maintain and repair be cleaned from the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required outside in case violation of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesany applicable law.
Appears in 1 contract
Samples: Lease Agreement (Edgar Online Inc)
Maintenance and Repairs. 7.1 4. Tenant shall, at its expense, throughout the Term term of this lease, take good care of the demised premises and the fixtures and appurtenances therein) Tenant shall be responsible for all renewals damage or injury to the demised premises or any other part of the building and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premisesthereof, electric light fixtureswhether requiring structural or nonstructural repairs caused by, bulbsor resulting from, tubes and tube casingscarelessness, doorsomission, floor coverings, dock doors, levelers, plumbing system and plumbing fixturesneglect or improper conduct of Tenant, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for, or supplied to, Tenant the benefit from warranties on such itemsor any subtenant, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion arising out of the Premises installation, use or operation of the property or equipment of Tenant or any system or equipment in subtenant. Tenant shall also repair all damage to the Premises which Tenant is obligated to repair cannot be fully repairedbuilding and the demised premises caused by the moving of Tenant’s fixtures, furniture and equipment. Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shallmake, at Tenant’s expense, maintain a preventive maintenance contract providing all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the regular inspection (trade or trades in questions, selected from a list of at least quarterly) two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and maintenance systems thereof, for which Tenant is responsible, shall be performed by Owner at the Tenant’s expense. Owner shall maintain and repair the public portions of the heating building, both exterior and air conditioning system by interior and those other elements as set forth in Article 50 of this Lease, except that if Owner allows Tenant to erect on the outside of the building a licensed and qualified heating and air conditioning contractorsign or signs, or a hoist, lift or sidewalk elevator for the exclusive use of Tenant, Tenant shall perform maintain such HVAC inspection exterior installations in good appearance, shall cause the same to be operated in a good and maintenance with duly licensed workmanlike manner, shall make all repairs thereto necessary to keep same in good order and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so electscondition, same may be billed directly by Landlord to Tenant where Landlord on at Tenant’s behalf enters into such preventive maintenance contract own cost and expense, and shall cause the same to be covered by the insurance provided for hereafter in such case Article 8. Subject to the Owner’s obligations to deliver the Demised Premises in the condition described in this Lease and its obligations of maintenance, repair and restoration set forth herein, Tenant shall, throughout the term of the lease, take good care of the demised premises and the fixtures and appurtenances therein, and the sidewalks adjacent thereto, and at its sole cost and expense, make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, reasonable wear and tear, obsolescence and damage from the elements, fire or other casualty, excepted. If the demised premises be or become infested with vermin, Tenant shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense, cause the same to be exterminated from time to time as appropriate. Except as specifically provided in Article 9 or elsewhere in this lease, there shall be no allowance to the Tenant for the diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner, Tenant or others, making or failing to make any repairs, alterations, additions or improvements in or to any portion of the building, including the erection or operation of any xxxxx, xxxxxxx or sidewalk shed, or in or to the demised premises or the fixtures, appurtenances or equipment thereof. It is specifically agreed that Tenant shall be not entitled to any set off or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this lease. Tenant agrees that Tenant’s sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 4 with respect to the making of repairs shall not apply in the case of fire or other Casualty, which are dealt with in Article 9 and Article 89 hereof. Window Cleaning: 5. Tenant will not clean nor require, permit, suffer or allow any window in the demised premises to be cleaned from the outside in violation of Section 202 of the Labor Law or any other applicable law, or of the Rules of the Board of Standards and Appeals, or of any other Board or body having or asserting jurisdiction. Requirements Of Law, Fire Insurance, Floor Loads: 6. Prior to the commencement of the lease term, if Tenant is then in possession, and at all times thereafter, Tenant, at Tenant’s sole cost and expense, shall promptly comply with all present and future laws, orders and regulations of all state, federal, municipal and local governments, departments, commissions and boards and any direction of any public officer pursuant to law, and all orders, rules and regulations of the New York Board of Fire Underwriters, Insurance Services Office, or any similar body which shall impose any violation, order or duty upon Owner or Tenant with respect to the demised premises, whether or not arising out of Tenant’s use or manner of use thereof, (including Tenant’s permitted use) or, with respect to the building if arising out of Tenant’s use or manner of use of the demised premises or the building (including the use permitted under the lease). Nothing herein shall require Tenant to make structural repairs or alterations unless Tenant has, by its manner of use of the demised premises or method of operation therein, violated any such laws, ordinances, orders, rules, regulations or requirements with respect thereto. Tenant may, after securing Owner to Owner’s satisfaction against all damages, interest, penalties and expenses, including, but not limited to, reasonable attorneys’ fees, by cash deposit or by surety bond in an amount and in a company satisfactory to Owner, contest and appeal any such laws, ordinances, orders, rules, regulations or requirements provided same is done with all reasonable promptness and provided such appeal shall not subject Owner to prosecution for a criminal offense, or constitute a default under any lease or mortgage under which Owner may be obligated, or cause the demised premises or any part thereof to be condemned or vacated. Tenant shall not do or permit any act or thing to be responsible done in or to the demised premises which is contrary to law, or which will invalidate or be in conflict with public liability, fire or other policies of insurance at any time carried by or for janitorial services the benefit of Owner with respect to the demised premises or the building of which the demised premises form a part, or which shall or might subject Owner to any liability or responsibility to any person, or for property damage. Tenant shall not keep anything in the demised premises, except as now or hereafter permitted by the Fire Department, Board of Fire Underwriters, Fire Insurance Rating Organization or other authority having jurisdiction, and trash removal from then only in such manner and such quantity so as not to increase the Premisesrate for fire insurance applicable to the building, nor use the demised premises in a manner which will increase the insurance rate for the building or any property located therein over that are in effect prior to the commencement of Tenant’s occupancy. Tenant shall pay all costs, expenses, fines, penalties, or damages, which may be imposed upon Owner by reason of Tenant’s failure to comply with the provisions of this article, and if by reason of such failure the fire insurance rate shall, at the beginning of this lease, or at any time thereafter, be higher than it otherwise would be, then, Tenant shall reimburse Owner, as additional rent hereunder, for that portion of all fire insurance premiums thereafter paid by Owner which shall have been charged because of such failure by Tenant. In any action or proceeding wherein Owner and Tenant are parties, a schedule or “make-up” of rate for the building or the demised premises issued by the New York Fire Insurance Exchange, or other body making fire insurance rates applicable to said premises shall be conclusive evidence of the facts therein stated and of the several items and charges in the fire insurance rates then applicable to said premises. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which it was designed to carry and which is allowed by law. Owner reserves the right to prescribe the weight and position of all safes, business machines and mechanical equipment. Such installations shall be placed and maintained by Tenant, at Tenant’s expense. Landlord , in settings sufficient, in Owner’s judgment, to absorb and Tenant intend thatprevent vibration, at all times during the Term, Tenant shall maintain the Premises in good order noise and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesannoyance.
Appears in 1 contract
Maintenance and Repairs. 7.1 Tenant shall, at its expense, ; throughout the Term and all renewals and extensions thereofterm of this lease, maintain in take good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion care of the Demised Premises or any system or equipment in and the Premises which Tenant is obligated fixtures and appurtenances therein. Subject to repair cannot be fully repairedthe waiver of subrogation provisions, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services all damage or injury to the Demised Premises or any other part of the building and trash removal the systems and equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting from the Premiseswrongful intentional acts or negligence of Tenant, Tenant's subtenants, agents, employees, or licensees, unless caused by the act or omission or negligence of Owner, its agents, employees or contractors. 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 's expense, all repairs in and to the Demised Premises for which Tenant is responsible, using contractors reasonably acceptable to Owner. Landlord Any other repairs in or to the building or the facilities and systems thereof for which Tenant intend thatis responsible, shall be performed by Owner at all times during the TermTenant's reasonable expense, Tenant following Tenant's receipt of invoice and reasonable backup. Owner shall maintain in good working order and repair the, exterior and the structural portions of the building, including the structural portions of its Demised Premises, and the public portions of the building interior and the building plumbing, mechanical, electrical, heating and ventilating systems serving or passing through the Demised Premises. Tenant agrees to give prompt notice of any defective condition in the Premises in good order and condition and appearances reasonably commensurate for which Owner may be responsible hereunder after Tenant has actual knowledge thereof. Provided Landlord uses reasonable efforts to avoid interfering with the balance of the Property. All of Tenant’s obligations 's business, without any obligation to maintain and repair incur overtime, there shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited allowance to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.
Appears in 1 contract
Maintenance and Repairs. 7.1 a. Tenant shallwill, at its Tenant’s sole expense, throughout keep and maintain the Term House, appurtenances and all renewals and extensions thereof, maintain yard in good order, and sanitary condition and repair during the Premises, including but not limited term of this Lease. Tenant agrees to heating keep the house and air conditioning equipment, walls, floors yard in compliance with city/county building and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlordcode enforcement laws. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repairedIn particular, Tenant shall promptly replace keep the samefixtures in the House in good order and repair, regardless of whether keep the benefit of such replacement extends beyond air conditioner clean and change filters regularly, and keep walkways and the Termdriveway free from dirt and debris. Tenant T enant shall, at Tenant’s sole expense, maintain a preventive maintenance contract providing for make all required repairs to the regular inspection (at least quarterly) plumbing, range, floors, ceilings, walls, oven heating apparatus, electric/gas fixtures, clearing plumbing stoppages in sinks and maintenance toilets, and other mechanical devices and systems whenever damage to such items shall have
b. Tenant agrees that no signs shall be placed or painting done on or about the House by Tenant without the prior written consent of Landlord.
c. Tenant agrees to promptly notify Landlord in the event of any damage, defect or destruction of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractorHouse, or the failure of any of Landlord’s appliances or mechanical systems, and, except for repairs or replacements that are the obligation of Tenant pursuant to Subsection A above, Landlord shall use its best efforts to repair or replace such damaged or defective area, appliance or mechanical system. Landlord is not responsible for replacement or repair of broken dishwasher, garbage disposal/ compactors, ice makers, garage door opener, or microwave ovens and Landlord does not supply blinds in addition to the abovementioned items.
d. Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost not keep or have on or around the House any article or thing of such preventive maintenance contract shall a dangerous, flammable, or explosive character that might unreasonably increase the danger of fire on or around the House or that might be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. considered hazardous.
e. Tenant shall be responsible for janitorial services all yard maintenance and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand pest control for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensespremises.
Appears in 1 contract
Samples: Residential Lease
Maintenance and Repairs. 7.1 By taking possession of the Premises Tenant agrees that the Premises are then in a good and tenantable condition except for Landlord’s then remaining construction obligations under Exhibit B, if any. During the Term, Tenant at Tenant’s expense but under the direction of Landlord, shall keep the Premises, in a clean, safe and orderly condition, including without limitation, providing its own interior janitorial services (including without limitation, changing light bulbs, janitorial supplies and equipment and garbage removal and disposal), and shall repair and maintain the Premises, in a first class condition including, but not limited to, all repair and replacement of plate glass (for clarity, Tenant shall be responsible for broken glass or broken windows because of damage caused by Tenant or third parties (other than Landlord or its employees, agents or contractors) but Tenant shall not be responsible for defective or failed window systems), interior doors and any special office entries, floor covering, truck doors, dock bumpers, dock plates and levelers, interior ceilings, plumbing and electrical work and fixtures, skylights, smoke hatches and roof vents, hot water heaters, and HVAC equipment within or solely serving the Premises. Tenant shall, at its own expense, throughout enter into a regularly scheduled preventive maintenance service contract with a maintenance contractor for servicing all hot water, HVAC systems and equipment within or solely serving the Term Premises. The maintenance contractor and the contract must be approved by Landlord, which shall not be unreasonably withheld, conditioned or delayed. The service contract must include all renewals services suggested by the equipment manufacturer within the operation/maintenance manual and extensions thereofmust become effective and a copy thereof delivered to Landlord within thirty (30) days of the Commencement Date. Tenant understands that Tenant shall at Tenant’s expense also perform necessary pest extermination and regular removal of trash and debris. Tenant shall not damage any demising wall or disturb the integrity and support provided by any demising wall and shall, at its sole expense, immediately repair any damage to any demising wall caused by Tenant or its employees, agents or invitees.
7.2 Landlord shall maintain or cause to be maintained in reasonably good order, condition and repair repair, the structural portions of the Building, the roof, foundations, floors and exterior doors, windows and walls of the Building, that portion of the Building Systems serving more than the Premises, including but not limited to heating and air conditioning equipmentthe Common Areas of the Project, wallsLandlord also shall be responsible for repairs, floors replacement and ceilingsmaintenance of all hot water, window exteriors, mechanical and electrical HVAC systems and equipment exclusively not within or solely serving the Premises, electric light fixturesif any; provided, bulbshowever, tubes Landlord may recover the cost of such work from the tenants utilizing such shared HVAC systems and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained equipment to the extent Landlord equitably pro-rates such costs among such tenants in a manner reasonably determined by Landlord. Landlord shall use also be responsible for maintenance of grounds, parking areas and walkways including plowing and shoveling snow accumulations of more than one inch within a reasonable efforts time frame. All costs incurred by Landlord under this Section 7.2, except repairs and replacements of structural portions of the Building and except roof replacements and except as otherwise provided herein regarding HVAC as provided above, shall be reimbursed to extend to Tenant the benefit from warranties on such itemsLandlord as part of Operating Costs; provided, if anyhowever, that have been made Tenant shall pay the cost of repairs for any damage occasioned by LandlordTenant’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion use of the Premises or the Property or any system act or equipment in omission of Tenant or Tenant’s Representatives or Tenant’s Visitors, to the Premises which Tenant is obligated extent (if any) not covered by Landlord’s property insurance. Landlord shall be under no obligation to repair cannot be fully repaired, inspect the Premises. Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable report in writing to Tenant; but if Landlord so elects, same may be billed directly by Landlord any defective condition known to Tenant where which Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether is required to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesrepair.
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Maintenance and Repairs. 7.1 4. Tenant shall, at its expense, throughout the Term term of this lease, take good care of the demised premises and the fixtures and appurtenances therein. During the Lease Term, Tenant shall be responsible for all renewals damage or injury to the demised premises or any other part of the building and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premisesthereof, electric light fixtureswhether requiring structural or nonstructural repairs whether or not caused by or resulting from carelessness, bulbsomission, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixturesneglect or improper conduct of Tenant, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the benefit from warranties on such itemsinstallation, if anyuse of operation of the property or equipment of Tenant or any subtenant, that have been made by in each case except for the negligence or intentional acts of Landlord, or Landlord’s contractors or vendors agents, employees, contractors, and invitees (“Landlord Parties”). Tenant shall also repair all damage to extend to the building and the demised premises caused by the moving of Tenant’s fixtures, as furniture and if available, any bulk buying power that Landlord may have with such contractors or vendorsequipment. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shallmake, at Tenant’s expense, maintain a preventive maintenance contract providing all repairs in and to the demised premises for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by which Tenant is responsible, whether structural or non-structural, using only a licensed and qualified heating and air conditioning insured contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant is responsible for any and all maintenance and repairs required to the premises throughout the Lease Term, at its sole cost and expense, whether structural or non-structural in nature, other than maintenance and repairs necessitated by the actions of a Landlord Party. Owner shall not be responsible for janitorial services and trash removal from any repairs and/or maintenance to the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during premises throughout the Lease Term, except for repairs and/or maintenance necessitated by the actions of a Landlord Party. Moreover, Tenant shall maintain is responsible for ensuring the Premises premises remains in good condition and good order and condition shall not allow or permit the premises to fall into a state of disrepair. There shall be no allowance to Tenant for diminution of rental value and appearances reasonably commensurate no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from any 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, provided that Landlord shall not unreasonably disrupt Tenant’s occupancy and use of the Demised Premises. Furthermore, it is specifically agreed that Tenant shall not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the balance covenants of the Propertythis or any other article of this Lease. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant agrees that Tenant’s sole expenseremedy at law in such instance will be by way of an action for damages for breach of contract. If Tenant fails to maintain and repair The provisions of this Article 4 shall not apply in the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter fire or other casualty which are dealt with in Article 9 hereof. Premises are leased in strictly “as is” condition as of the Premises and perform such maintenance or repair on behalf commencement of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana codeLease term. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to Window Cleaning: 5% of such actual and reasonable costs or expenses. INTENTIONALLY OMITTED.
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Maintenance and Repairs. 7.1 Landlord shall maintain the Common Areas and the exterior walls, roof, all pipes wires and utility systems located within the Building that serve the Premises, all structural elements and foundation of the Building of which the Premises are a part, in proper repair during the Term; provided, however, that if any such repairs shall be occasioned by the acts or negligence of Tenant, its agents, employees, customers or invitees, Tenant shall be responsible for the entire cost of such repairs, except to the extent that the provisions of Section 18 apply. Except for the repairs Landlord is specifically obligated to make as set forth above, Tenant shall, at its expense, throughout during the Term Lease Term, pay for and make all renewals other necessary repairs and extensions thereofreplacements to the Premises, including, but not limited to, the doors, door checks, door hardware, windows, ceiling tile, store front, fixtures, heating, ventilating and air conditioning facilities located in or exclusively servicing the Premises and the electrical and plumbing facilities in or servicing the Premises to the point of entry to a common line, and keep and maintain the same in good order, condition and repair so that at the expiration of the Term, the Premises shall be surrendered to Landlord in the same condition that the same are in at the commencement of the Term, ordinary wear and tear excepted. Tenant shall be responsible for repairing any damage to the Premises or the building of which it is a part caused by the installation or moving of Tenant’s furniture, equipment and personal property. Tenant shall, at its expense, also repair or replace with glass of equal quality any broken or cracked plate or other glass in doors, windows and elsewhere in or adjacent to the Premises, including but . Tenant shall not limited defer any repairs or replacements to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained Premises by Landlordreason of the anticipation of the expiration of the Term. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion The surrender of the Premises upon the expiration or any system early termination of this Lease shall not relieve Tenant of the obligation to pay for all repairs or equipment in replacements to the Premises which Tenant is was obligated to repair cannot be fully repairedperform during the Lease Term, which obligation shall survive the expiration or early termination of this Lease. Tenant shall promptly replace keep the samePremises in a clean, regardless tenantable condition and shall not permit any garbage, rubbish, refuse or dirt of whether any kind to accumulate in or about the benefit Premises or the Building. Landlord may designate areas within the Building for placement of such replacement extends beyond the Term. dumpsters for Tenant’s waste disposal, and Tenant shall, at Tenant’s sole cost and expense, maintain a preventive maintenance contract providing for cause the regular inspection (at least quarterly) commercial removal of all garbage and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractorrefuse; provided, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionhowever, Landlord may, on 10 days’ prior written notice (at its option, arrange for the commercial or municipal removal of all garbage and refuse of the Building, in which event Tenant shall use such dumpsters and areas as Landlord shall designate for such purposes, and the costs and expenses attributable thereto shall be includable by Landlord in Operating Costs and Landlord may make an equitable adjustment to Tenant’s Proportionate Share of such costs if Tenant’s use is materially disproportionately higher than other tenants of the Building. Tenant agrees, at its sole cost and expense, to comply with all present and future laws, orders and regulations regarding the collection, sorting, separation and recycling of waste products, garbage, refuse and trash into such categories as provided by law. Janitorial services shall be at the sole cost and expense of Tenant, except that no notice Landlord shall be required in case of emergency), enter the Premises arrange for said services and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all said costs incurred in performing such maintenance either as part of Operating Costs or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesas a separate pass through item.
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Maintenance and Repairs. 7.1 Tenant shall5.1 Except for Landlord's maintenance and repair obligations set forth in this Section 5 and Fairmount's maintenance and repair obligations set forth in Sections 1.2 and 1.3, Tenant, at its cost and expense, throughout shall maintain, and make all necessary repairs to keep, the Term Leased Premises in reasonably good order and all renewals condition, including, without limitation, maintaining and extensions thereofrepairing the (i) loading docks, maintain (ii) foundation and flooring occasioned by Tenant's installation, use or removal of fixtures and equipment used in good order, condition connection with its use and repair occupancy of the Leased Premises, including but not limited to heating and air conditioning or storage of inventory such that the load placed on the floors exceeds normal use of concrete floors or as a result of the use of steel tires on forklift equipment, wallsor as a result of Tenant's negligence or willful act in connection with the installation, floors and ceilings, window exteriors, mechanical and electrical systems use or removal of fixtures and equipment exclusively serving utilized in connection with its use and occupancy of the PremisesLeased Premises or storage of inventory, electric light fixturesand (iii) the roof and roof membrane occasioned by Tenant's installation, bulbs, tubes use or removal of fixtures and tube casings, doors, floor coverings, dock doors, levelers, plumbing system equipment utilized in connection with its use and plumbing fixtures, Tenant’s signs and utility facilities not maintained occupancy of the Leased Premises which shall void in whole or in part any roof or roof membrane warranty or guarantee obtained by Landlord. Landlord All such maintenance and repairs by Tenant shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors be performed in a good and to extend to workmanlike manner. Tenant, as at its cost and if availableexpense, any bulk buying power that Landlord may have with such contractors or vendors. If any portion shall arrange for snow and ice removal to the Leased Premises and for its own internal cleaning services and rubbish removal.
5.2 At the expiration of the Premises Term or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repairedtermination of this Lease, Tenant shall promptly replace deliver the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable Leased Premises to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in reasonably good order and condition condition, except for reasonable wear and appearances reasonably commensurate with tear or damage from any casualty.
5.3 Landlord, at its cost and expense, shall maintain, and make all necessary repairs and replacements to keep, the balance Structural Components of the Propertybuildings on the Leased Premises in reasonably good order and condition, except to the extent such damage to the Structural Components has been caused by the negligence of Tenant or its agents, sublessees, assignees, invitees or licensees. All The term "Structural Components" shall mean the roof, steel structure, exterior walls, foundation, footings or subsurface support thereof, and load bearing columns and walls, including, without limitation, any dangerous or hazardous condition which would result from the foregoing. The Landlord's obligation set forth in this Section 5.3 shall be limited to the maintenance, repair and replacement of the Structural Components and shall not under any circumstances extend to any consequential damage resulting to any personal property of the Tenant’s obligations , unless such damage is caused by Landlord's failure to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair such Structural Components or unless such damage has been caused by the Premises as required by this Sectionnegligence or willful act of the Landlord or its employees or agents in carrying out such maintenance, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case repairs or replacements of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesStructural Components.
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Samples: Lease Agreement (Bway Corp)
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereofterm of this lease, maintain in take good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion care of the Premises or any system or equipment in demised premises and the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) fixtures and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseappurtenances therein. Tenant shall be responsible for janitorial services all damage or injury to the demised premises or any other part of the building and trash removal the systems and equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the Premisesinstallation, 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 's expense, all repairs in and to the demised premises for which Tenant is responsible, using only [3]. 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. Landlord and Tenant intend that, at all times during the Term, Tenant Owner shall maintain the Premises in good working order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionexterior and the structural portions of the building, Landlord mayincluding the structural portions of its demised premises, on 10 days’ prior written and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems serving the demised premises. Tenant agrees to give prompt notice (except that no notice of any defective condition in the premises for which Owner may be responsible hereunder. There shall be required no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from 2 Owner or others making repairs, alterations, additions or improvements in or in any portion of the building or the demised premises or in and to the fixtures, appurtenances or equipment thereof. It is specifically agreed that Tenant shall not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this Lease. Tenant agrees that Tenant's sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 4 shall not apply in the case of emergency), enter the Premises and perform such maintenance fire or repair on behalf of Tenant; provided such entry is made other casualty which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana codeArticle 9 hereof. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.[4] WINDOW CLEANING:
Appears in 1 contract
Samples: Lease Agreement (Martha Stewart Living Omnimedia Inc)
Maintenance and Repairs. 7.1 (a) Tenant shall, at its own cost and expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair and replace as necessary the Premises, including including, but not limited to heating to, the HVAC Systems, glass, windows and air conditioning equipmentLEGAL02/32900769v10 doors, all plumbing and sewage systems, fixtures, interior walls, floors and (including floor slab), dock areas, dock ramps, ceilings, window exteriorsstorefronts, mechanical plate glass, skylights, all electrical facilities and equipment (including, without limitation, lighting fixtures, lamps, fans and any exhaust equipment and systems and electrical systems motors), and all other appliances and equipment exclusively serving (including, without limitation, dock levelers, dock shelters, dock seals and dock lighting) of every kind and nature located in, upon or about the Premises, electric light fixturesexcept as to such maintenance, bulbs, tubes repair and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. replacement as is the obligation of Landlord shall use reasonable efforts pursuant to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalfSection 8(b). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during During the Term, Tenant shall maintain in full force and effect a service contract for the Premises in good order and condition and appearances maintenance of the HVAC Systems with an entity reasonably commensurate acceptable to Landlord; provided, however, that for new HVAC Systems, during the one year period following the Lease Commencement Date, such service contract shall be maintained with the balance contractor that installed the HVAC Systems and shall provide for at least two preventive maintenance service calls during such one year period. Tenant shall deliver to Landlord (i) a copy of said service contract prior to the Lease Commencement Date, and (ii) thereafter, a copy of a renewal or substitute service contract within thirty (30) days prior to the expiration of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expenseexisting service contract. If Tenant fails to carry such service contract, Landlord shall have the option to enter into such service contract for and on behalf of Tenant and Tenant shall reimburse Landlord, as Additional Rent, all of Landlord’s reasonable costs incurred in connection with such service contract, as well as Landlord’s actual costs of repair and maintenance of the HVAC Systems together with an administrative fee payable to Landlord (or, at Landlord’s election, to a Landlord’s Affiliate designated by Landlord) equal to 5% of the amount of the service contract and any associated repairs. Tenant's obligation shall exclude any maintenance, repair or replacement required because of the negligence or willful misconduct of Landlord or Landlord’s Affiliates, which shall be the responsibility of Landlord.
(i) Landlord shall, at its own cost and expense, (1) maintain in good condition and repair the Premises as required by this Sectionfoundation (beneath the floor slab) and structural frame of the Building (i.e. steel columns, Landlord maybar joists and girders, on 10 days’ prior written notice and concrete wall panels (except that no notice excluding painting and caulking) and (2) replace the roof and roof drainage systems. Landlord's obligation shall be required in case exclude the cost of emergency), enter the Premises and perform such any maintenance or repair on behalf required because of the act or negligence of Tenant or any of Tenant; provided such entry is made in compliance with Applicable Laws's Affiliates, including the cost of which shall be the responsibility of Tenant.
(ii) Landlord shall maintain the Building Common Area (including, but not limited to, the Marijuana coderoof and roof drainage systems), subject to Tenant’s obligation to pay Tenant’s Percentage Share of Operating Expenses pursuant to Section 6. In such casesExcept as required by this Section 8(b) or as otherwise specifically provided for in this Lease, Landlord shall be responsible for no other services whatsoever. Landlord shall never have any obligation to repair, maintain or replace any Tenant Alteration.
(c) Unless the same is caused solely by the gross negligence or willful misconduct of Landlord or Landlord’s Affiliates (and is not covered by the insurance required to be carried by Tenant pursuant to the terms of this Lease), Landlord shall reimburse Landlord immediately upon demand not be liable to Tenant or to any other person for all costs incurred any damage (1) occasioned by failure in performing such maintenance any utility system or repair plus an administration fee equal to 5% by the bursting or leaking of such actual and reasonable costs any vessel or expensespipe in or about the Premises, (2) occasioned by water coming into the Premises or (3) arising from the acts or negligence of occupants of adjacent property or the public.
Appears in 1 contract
Maintenance and Repairs. 7.1 Tenant shall16.1 In exchange for payment of the amounts stated in Clause 16.3 hereunder, at its expensethe Lessor shall provide the building with maintenance services specified in Clause 16.2 hereafter (hereinafter: “the maintenance services”) itself and/or via the management company, throughout pursuant to the Term terms and all renewals conditions specified hereunder and extensions in the management agreement. In case a management company has not been designated and/or established, the Lessor shall serve as the management company for purposes of this agreement and the management agreement. Upon signature of this agreement and as a condition for signature thereof, the Lessee undertakes to sign an agreement with the management company for the entire lease period, with wording to be determined by the Lessor from time to time, and to sign any update and/or addendum of any kind to the agreement, as shall be required in the management company’s and/or Lessor’s opinion, and provided that the amendment applies to all lessees of the same type (above and hereinafter: “the management agreement”), and it undertakes to uphold all provisions of the management agreement and meet all its obligations pursuant to the management agreement. The management agreement is appended to this agreement as Appendix D. Failure to conclude a management agreement, or breach of the management agreement shall be regarded as a breach of this agreement by the Lessee, and it is explicitly clarified that non-payment of management fee to the Lessor or management company as arranged and on their specified dates shall be regarded, inter alia, as a material breach of this agreement by the Lessee. Furthermore, it is clarified that the internal cleanliness of the property is not included in the services that the Lessee shall receive from the Lessor or management company.
16.2 The maintenance services to be provided by the Lessor and/or management company shall be of the type, scope and conditions as specified below:
16.2.1 Maintenance of the structure, maintenance of mechanical systems, public plumbing, public sewage, public electricity, maintenance of elevators, gardening, maintenance of public signs and cleanliness of public areas. Air conditioning services that include maintenance services of the central cooling system including ventilation outlets and provision of central cooling services; air conditioning systems shall operate Monday through Thursday, from 7:00 until 20:00. It is clarified and agreed that the Lessor undertakes to provide central air conditioning services in the public areas, as well as care and maintenance of the air conditioning system’s end units (fan coolers/cooling fans) that are inside the property. To remove doubt, it is explicitly clarified herewith that subject to the Lessor’s undertaking to maintain in good order, condition and repair malfunctions in the Premises, including but not limited to heating and central air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving system as well as the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant end units (fan coolers/cooling fans) inside the benefit from warranties on such itemsproperty, if any, that have been made by Landlord’s contractors the provisions of this agreement shall not be construed as imposing thereon any liability whatsoever for interruptions liable to occur in the operation of air conditioning appliances whether because of breakdowns, maintenance actions or vendors any other reason without exception, and the Lessee shall not be entitled to extend demand and/or receive from the Lessor any compensation and/or damages and/or any payment for any reason. The Lessor shall endeavor to Tenantprevent malfunctions in the air conditioning system, above and beyond what is reasonable, and as infrequently as possible, and if availableshould any such breakdowns occur, any bulk buying power that Landlord may have with such contractors or vendors. If any portion handling of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant breakdown shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection commence within four (at least quarterly4) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal hours from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during time that the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesbreakdown was reported.
Appears in 1 contract
Samples: Lease Agreement (Radcom LTD)
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout agrees to maintain the Term and all renewals and extensions thereof, maintain Premises in reasonably good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. immediately notify Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, should any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractorminor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall other, repairs believed to be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseneeded. Tenant shall be responsible for janitorial services monitoring the working order of all smoke detectors and trash removal from fire alarm systems in the Premises; and shall promptly advise Landlord in writing of any part if said system becomes inoperable. Tenant shall be responsible for regular replacement of the Premises’ furnace and air conditioner filters. Major repairs necessary to the Premises shall be reported promptly by Tenant to Landlord in writing and shall be performed by Landlord within a reasonable time and during normal business hours. Tenant shall notify Landlord immediately of any emergency repairs necessary to the Premises. If in Landlord's judgment there is substantial damage to the Premises, at Landlord may terminate this lease by giving written notice to Tenant and the Rent shall be prorated and the balance refunded to Tenant, less lawful deductions. Tenant shall pay Landlord for any property damage and/or cost of repairs to the Premises or appliances therein caused by the negligence or improper use by Tenant, Tenant’s expenseguests or other occupants. Without limitation, the disposal of women’s feminine hygiene products in the waste/sewer system at the Premises shall be negligent/improper use of the Premises. Tenant shall be so as to maintain a good appearance and insure safety on the Premises, or to inform the Landlord if any safety problems arise that Tenant cannot quickly and reasonably remedy as Tenant. Tenant shall be responsible to reimburse and pay Landlord for the costs of any repair/service calls which are scheduled with Tenant and for which Tenant at the time of such repair/service call, and for forty-five (45) minutes thereafter are unavailable at the Premises for such repair/service call. Without limiting the generality of the foregoing, Tenant shall: o Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair; o Not obstruct or cover the windows or doors; o Not leave windows or doors in an open position during any inclement weather; o Be solely responsible for payment of all non-termite pest control services. Landlord and Tenant intend that, shall have no obligation whatsoever to pay for non-termite pest control services at all times during the Term, Tenant shall maintain the Premises o Be completely responsible for payment of all necessary treatments to eradicate bed bugs if found at the Premises and if their presence, as solely determined by a pest-control professional, was likely due to the action(s), intentional or unintentional, of the Tenant or any person associated with Tenant (family member, friend, etc…) o Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and condition repair and appearances reasonably commensurate with shall use same only for the balance purposes for which they were constructed. Tenant shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Tenant; o Deposit all trash, garbage, rubbish or refuse in the Property. All locations provided therefore and 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; o Reimburse Landlord for any damages that are a result of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair negligence, carelessness, fault, intentional act, or misconduct; o Promptly file a police report if the Premises as required is damaged in any way by this Sectionan unknown person. Failure to file a police report and provide a copy to Bluegrass Rental Homes, Landlord may, on 10 days’ prior written notice (except LLC in a timely manner will result in the Tenant being charged for the damage to Premises; and o Keep that no notice shall be required in case part of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made yard that they occupy in compliance with Applicable Lawsa safe, including but not limited tosanitary, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for and clean condition at all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensestimes.
Appears in 1 contract
Samples: Lease Agreement
Maintenance and Repairs. 7.1 Subject to the provisions of this Section 5 and Section 8 below and subject to reimbursement by Tenant shallin accordance with the provisions of this Section 5 and Sections 1(b)(9) and 3 herein, Landlord agrees to maintain, consistent with the Service Standard specified in Section 4(a) above, the structural portions of the Building and central Building mechanical, electrical and plumbing systems, the Common Areas, and Building standard items in the Leased Premises (including: (i) the restroom facilities that would otherwise constitute “Common Areas” on multi-tenanted floors, (ii) building standard lighting fixtures, ballasts and bulbs, (iii) Landlord-installed sprinkler heads and systems, and (iv) any portions of Building systems located behind walls or at its expenseor above finished ceilings), as well as any ceiling tiles damaged by roof leaks, in good order and repair throughout the Term Term. Such maintenance obligations of Landlord shall include the obligation to comply with all applicable laws, statutes, rules, regulations, orders and codes applicable to the same (although if such compliance arises as a result of the unique use of the Leased Premises by Tenant, the acts or omissions of Tenant, its employees, agents or contractors, or any alterations, improvements or other installations undertaken by or on behalf of Tenant, then Landlord shall undertake the necessary compliance obligations at Tenant’s cost and expense. Tenant, and not Landlord, shall be responsible for (i) maintaining all renewals and extensions thereofother improvements to the Leased Premises including, maintain in good orderwith the exception of the items described above for which Landlord is responsible, condition and repair the Premises, including but portions of Building systems which are not limited to heating and air conditioning equipment, walls, floors and behind walls or at or above finished ceilings, window exteriorsand (ii) reimbursing Landlord for the full cost of any repairs to the Leased Premises or to any part of the Building caused by the unreasonable wear and tear by or negligence or willful act of Tenant or its agents, mechanical and electrical systems and equipment exclusively serving the Premisesemployees or invitees, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained such reimbursement to be collectible as Additional Rent hereunder within thirty (30) days following written demand by Landlord. Any contractors performing repairs which are the responsibility of Tenant hereunder must receive the prior written approval of Landlord (which approval shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repairedunreasonably withheld, Tenant shall promptly replace the sameconditioned or delayed), regardless of whether the benefit and must provide Landlord in advance of such replacement extends beyond work with a certificate of insurance naming Landlord and the Termother parties named in Section 7(a)(1) as additional insureds. Tenant shallIn addition, it is understood and agreed that, at Tenant’s expenserequest, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s cost and expense. Tenant shall be responsible for janitorial services and trash removal from , Landlord may assist (whether by performing portions of such work and/or coordinating the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance performance of the Property. All same by third party contractors or vendors) Tenant in the performance of certain portions of Tenant’s obligations to maintain maintenance and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesobligations hereunder.
Appears in 1 contract
Samples: Deed of Lease (Trex Co Inc)
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereofterm of this lease, maintain in take good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion care of the Premises or any system or equipment in demised premises and the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) fixtures and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseappurtenances therein. Tenant shall be responsible for janitorial services all damage or injury to the demised premises or any other part of the building and trash removal the systems and equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant. Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the Premisesinstallation, 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" fixtures, furniture and equipment. Tenant shall promptly make, at Tenant’s 's expense, all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the trade or trades in question, selected from a list of at least two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and systems thereof for which Tenant is responsible shall be performed by Owner at the Tenant's expense. Landlord and Tenant intend that, at all times during the Term, Tenant Owner shall maintain the Premises in good working order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionexterior and the structural portions of the building, Landlord mayincluding the structural portions of its demised premises, on 10 days’ prior written and the public portions of the building interior and the building plumbing, electrical, heating and ventilation systems (to the extent such systems presently exist) serving the demised premises. Tenant agrees to give prompt notice (except that no notice of any defective condition in the premises for which Owner may be responsible hereunder. There shall be required no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising 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. It is specifically agreed that Tenant shall not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this Lease. Tenant agrees that Tenant's sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 4 shall not apply in the case of emergency), enter the Premises and perform such maintenance fire or repair on behalf of Tenant; provided such entry is made other casualty which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesArticle 9 hereof.
Appears in 1 contract
Samples: Sublease (Miningco Com Inc)
Maintenance and Repairs. 7.1 By taking possession of the Premises Tenant shallagrees that the Premises are then in a good and tenantable condition. Notwithstanding the foregoing, prior to the Commencement Date Landlord shall cause the following systems (the "MEP Systems") to be inspected and placed in good working order and repair: (i) electrical, (ii) plumbing, and (iii) heating, ventilating and air-conditioning. If, during the first sixty (60) days of the Term, any MEP System is not in the condition required by the foregoing sentence, Tenant shall notify Landlord of the need for repair within sixty (60) days following the Commencement Date, and the repair shall be promptly be completed by Landlord at its expense, throughout no cost to Tenant. Landlord hereby assigns to Tenant all warranties with respect to the Term Premises which would reduce Tenant's maintenance obligations hereunder and shall cooperate with Tenant to enforce all renewals and extensions thereofsuch warranties. Tenant shall be responsible to clean, maintain in good order, condition and repair the Premises, including providing janitorial services and disposal of trash; and to that end, during the Term, Tenant, at Tenant's expense but not limited to heating under the direction of Landlord, shall repair and maintain the Premises, including, without limitation, any elevator, the heating, ventilating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical system or systems and equipment exclusively serving the Premises, electric light the electrical and plumbing systems serving the Premises, including the lighting and plumbing fixtures, bulbsthe restrooms serving the Premises, tubes interior stairways in the Premises, the interior and tube casingsexterior glass, doorsplate glass skylights, interior walls, floor coverings, dock doorsceiling (ceiling tiles and grid), levelersTenant Improvements, plumbing system Alterations, fire extinguishers, outlets and fixtures, and any appliances (including dishwashers, hot water heaters and garbage disposers) in the Premises, in a first class condition, and keep the Premises in a clean, safe and orderly condition. With respect to the electrical and plumbing fixturessystems serving the Premises, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services the maintenance and trash removal repair of any such systems only to the point where such systems join a main or other junction (e.g., sewer main or electrical transformer) serving more than one user. On or before the 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 reasonable approval), to maintain, on an ongoing basis (at least quarterly), the heating, ventilating and air-conditioning system serving the Premises. In addition to the foregoing, Tenant acknowledges that the sewer piping at the Development is made of ABS plastic. Accordingly, without Landlord's prior written consent, which consent may be granted or withheld in Landlord's sole discretion, Tenant shall allow only ordinary domestic sewage to be placed in the sewer system from the Premises. UNDER NO CIRCUMSTANCES SHALL TENANT EVER PLACE, OR ALLOW TO BE PLACED, ANY ESTERS OR KETONES (USUALLY FOUND IN SOLVENTS TO CLEAN UP PETROLEUM PRODUCTS) IN THE DRAINS OR SEWER SYSTEM, FROM THE PREMISES.
7.2 Landlord shall (a) maintain or cause to be maintained in reasonably good order, condition and repair, the structural portions of the roof, foundations, floors and exterior walls of the Building, and the public and common areas outside of the Building, (b) wash the exterior windows of the Building on a periodic basis, (c) caulk exterior window joints and concrete slabs and (d) paint the exterior of the Building, all of which shall be included as a part of Operating Costs, subject to the terms and conditions contained in Section 3.2 of this Lease. 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’s expense. Landlord , and without constituting an eviction, constructive or otherwise, or entitling Tenant intend thatto any abatement of rent or to terminate this Lease or otherwise releasing Tenant from any of Tenant's obligations under this Lease:
(a) To make alterations, at additions, repairs, improvements to or in or to decrease the size of area of, all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance or any part of the Property. All of Tenant’s obligations to maintain Building, the fixtures and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain equipment therein, and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice Building Systems (except that no notice Landlord shall not have any right under this provision to reduce the size of the Premises, or to permanently, materially and adversely affect Tenant's access to and use of the Premises, except only as may be required to comply with Laws or as a result of any fire or other casualty or Condemnation);
(b) To 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, increase, enclose or otherwise change at any time and from time to time the size, number, location, lay-out and nature of the common areas (including the Parking Facility) and other tenancies and premises in case the Property and to create additional rentable areas through use or enclosure of emergencycommon 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"), enter to comply with such Controls, whether mandatory or voluntary, or make any alterations to the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesProperty related thereto.
Appears in 1 contract
Samples: Lease Agreement (Perclose Inc)
Maintenance and Repairs. 7.1 Tenant The Lessor shall provide for interior maintenance and repairs in accordance with generally accepted good practices, including repainting, the replacement of worn or damaged floor covering and repairs or replacement of interior equipment as may be necessary due to normal usage. The Lessee shall, during the term of this lease, keep the interior of the demised premises in as good a state of repair as it is at its expensethe time of the commencement of this lease, throughout reasonable wear and tear and unavoidable casualties excepted. The Lessor shall provide office cleaning and building security at no additional charge to the Term Lessee. Xxxxxx is responsible for permitting the professional cleaning vendor access to their leased office space. Office cleaning is normally done the evenings of Wednesdays and all renewals on the weekends. In order to keep our building sanitary, it is CSC policy that any food waste be disposed of in the kitchen area waste baskets only. Lessor is a green-friendly office and extensions thereofdoes recycle paper, cardboard, glass and plastic products. Lessee is responsible for the insurance of personal property, and must provide Lessor with a current proof of general liability insurance on a recurring basis. Subject to the terms and conditions of the Condominium Associations’ rules and regulations, the Lessor shall maintain and keep in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion exterior of the Premises or any system or equipment in demised premises during the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless term of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) this lease and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services the replacement of all windows broken or damaged in the demised premises, except such breakage or damage caused to the exterior of the demised premises by the Lessee, its officers, agents or employees. Subject to the terms and trash removal from conditions of the PremisesCondominium Associations’ rules and regulations, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant Lessor shall maintain the Premises in good order interior and condition and appearances reasonably commensurate with the balance exterior of the Propertydemised premises including grounds and parking area so as to conform to all applicable health and safety laws, ordinances and codes which are presently in effect and which may subsequently be enacted during the term of this lease and any renewal periods. All of Tenant’s obligations to maintain and repair Vehicle parking shall be accomplished at Tenant’s sole expenselimited to parking spaces to the west of the office building. If Tenant fails Subject to maintain the terms and repair conditions of the Premises as required by this Section, Landlord may, on 10 daysCondominium Associations’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises rules and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited toregulations, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand Lessor agrees to furnish pest control services for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% the leased premises during the term of such actual and reasonable costs or expensesthe lease at the expense of the Lessor.
Appears in 1 contract
Samples: Commercial Lease Agreement
Maintenance and Repairs. 7.1 4. Tenant shall, at its expense, throughout the Term term of this lease, take good care of the demised premises and the fixtures and appurtenances therein. Tenant shall be responsible for all renewals damage or injury to the demised premises or any other part of the building and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premisesthereof, electric light fixtureswhether requiring structural or nonstructural repairs caused by or resulting from carelessness, bulbsomission, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixturesneglect or improper conduct of Tenant, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors subtenant or vendors. If any portion arising out of the Premises installation, use or operation of the property or equipment of Tenant or any system or equipment in subtenant. Tenant shall also repair all damage to the Premises which Tenant is obligated to repair cannot be fully repairedbuilding and the demised premises caused by the moving of Tenant’s fixtures, furniture and equipment. Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shallmake, at Tenant’s expense, maintain a preventive maintenance contract providing all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the regular inspection (trade or trades in question, selected from a list of at least quarterly) two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or systems thereof for which Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract is responsible shall be paid performed by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have Owner at the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Owner shall maintain in good working order and repair the exterior and the structural portions of the building, including the structural portions of its demised premises, and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises. Tenant agrees to give prompt notice of any defective condition in the premises for which Owner may be responsible hereunder. There shall be no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising 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. It is specifically agreed that Tenant shall not be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the balance covenants of the Propertythis or any other article of this Lease. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant agrees that Tenant’s sole expenseremedy at law in such instance will be by way of an action for damages for breach of contract. If Tenant fails to maintain and repair The provisions of this Article 4 shall not apply in the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance fire or repair on behalf of Tenant; provided such entry is made other casualty which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.Article 9 hereof.2
Appears in 1 contract
Maintenance and Repairs. 7.1 (a) Tenant shall, at its expense, throughout shall keep and maintain the Term Demised Premises in a neat and all renewals and extensions thereof, maintain in good order, condition and repair orderly condition. Tenant shall not use or permit the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If of any portion of the common areas for other than their intended use.
(b) Landlord, throughout the term of this Lease, shall make all necessary repairs to the Premises and other improvements located on the Premises, including, without limitation, all building systems, structural items, common areas, and mechanical systems serving the Demised Premises, all costs of which shall be included in Annual Operating Costs to be paid by Landlord at its sole cost and expense. In addition, Landlord shall perform any maintenance or make any repairs to the building as Landlord shall deem necessary for the safety, operation or preservation of the building or as Landlord may be required to do by the City of Reading or by the order or decree of any court or by any other proper authority. Landlord shall keep and maintain all common areas of the Premises and any sidewalks, parking areas, curbs and access ways adjoining the Premises in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition.
(c) Repairs and replacements to the Premises arising out of or caused by Xxxxxx’s use, manner of use or occupancy of the Demised Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at by Tenant’s expenseinstallation in or upon the Demised Premises or by any act or omission of Tenant or any employee, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning agent, contractor, or invitee of Tenant shall perform such HVAC inspection be made at the sole cost and maintenance with duly licensed and qualified employeeexpense of Tenant. The cost Tenant shall not bear the expense of such preventive maintenance contract shall be paid any repairs or replacements to the Premises arising out of or caused by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on any other Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on use, manner of use or occupancy of the Premises or by any other Tenant’s behalf). Landlord shall have installation in or upon the rightPremises, upon notice to Tenant, to undertake the responsibility for preventive maintenance or by any act or omission of any other system Tenant or component at any other Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premisesemployees, at Tenant’s expense. Landlord and Tenant intend thatagents, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance contractors or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesinvitees.
Appears in 1 contract
Samples: Lease Agreement
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereofterm of this lease, maintain in take good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion care of the Premises or any system or equipment in demised premises and the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) fixtures and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseappurtenances therein. Tenant shall be responsible for janitorial services all damage or injury to the demised premises or any other part of the building and trash removal the systems and equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting from carelessness, omission, neglect or intentional or unlawful conduct of Tenant, Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the Premisesinstallation, 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 's expense, all repairs in and to the demised premises for which Tenant is responsible, using only the contractor approved by Owner, such approval not to be unreasonably withheld or delayed. 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 reasonable expense. Landlord and Tenant intend that, at all times during the Term, Tenant Owner shall maintain the Premises in good working order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionexterior and the structural portions of the building, Landlord mayincluding the structural portions of its demised premises, on 10 days’ prior written and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises. Tenant agrees to give prompt notice (except that no notice of any defective condition in the premises for which Owner may be responsible hereunder, upon Tenant becoming aware thereof. There shall be required no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising 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, provided Owner uses all reasonable efforts to avoid interference with Tenant's business during the course of such work. It is specifically agreed that Tenant shall not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this lease. Tenant agrees that Tenant's sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 4 shall not apply in the case of emergency)fire or other casualty, enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana codeArticle 9 hereof. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.[SEE ARTICLE 54]
Appears in 1 contract
Samples: Sublease (Media Metrix Inc)
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereofterm of this lease, maintain in take good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion care of the Premises or any system or equipment in demised premises and the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) fixtures and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseappurtenances therein. Tenant shall be responsible for janitorial services all damage or injury to the demised premises or any other part of the building and trash removal the systems and equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant. Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the Premisesinstallation, 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 's expense, all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the trade or trades in question, selected from a list of at least two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and systems thereof for which Tenant is responsible shall be performed by Owner at the Tenant's expense. Landlord Owner shall maintain in good working order and repair [4A] the exterior and the structural portions of the building, including the structural portions of its demised premises, and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises. Tenant intend thatagrees to give prompt notice of any defective condition in the premises for which Owner may be responsible hereunder. There shall be no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, at all times during annoyance or injury to business arising from Owner or others making repairs, alterations, additions or improvements in or to any portion of the Termbuilding or the demised premises or in and to the fixtures, appurtenances or equipment thereof. It is specifically agreed that Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the balance covenants of this or any other article of this Lease. Tenant agrees that Tenant's sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 4 shall not apply in the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance fire or repair on behalf of Tenant; provided such entry is made other casualty which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana codeArticle 9 hereof. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.Window Cleaning:
Appears in 1 contract
Samples: Office Lease (Edison Schools Inc)
Maintenance and Repairs. 7.1 Tenant shallA. As used in this MOU, at its expense“maintenance” shall mean the provision of janitorial services; trash removal services; wall surface repairs; painting of the façade of the facilities as necessary; repairs/removal of surface vandalism; inspection, throughout the Term and all renewals and extensions thereof, maintain in good order, condition maintenance and repair of elevators; inspection, cleaning and replace of mechanical, electrical and plumbing equipment, fixtures and utilities; the Premisesremoval and disposal of trash and debris; and other repairs other than structural repairs as provided for in Article 11.
B. The District will be responsible for all maintenance of the Project, except with respect to the electric bus charging stations. The District will perform all janitorial maintenance in accordance with the standards that it uses in performing janitorial maintenance services elsewhere on District- owned Property. All other maintenance work shall be done in accordance with the standards prescribed in manufacturers’ operations and maintenance manuals. All repairs and replacements made by the District will be made and performed in a good and workmanlike manner in accordance with all applicable codes, statutes, and regulations, including but not limited to heating prevailing wage laws and air conditioning equipmentregulations, wallsand will be made and performed so that the repairs and replacements will be at least equal in quality, floors and ceilingsvalue, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlordto the original work or installation. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have The District will be responsible for all costs associated with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot fulfilling its maintenance responsibilities.
C. Foothill Transit will be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing solely responsible for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employeeelectric bus charging stations. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall Foothill Transit will be responsible for janitorial services all costs associated with maintenance of the electric bus charging stations.
D. Foothill Transit will be responsible for the development of a District-approved Preventive Maintenance Plan for the Project facilities and trash removal from all of the Premisesmechanical, at Tenant’s expenseelectrical, and plumbing equipment, fixtures, and utilities, and will be responsible for any repairs to the on-campus roadway caused by bus access to the transit center. Landlord and Tenant intend that, at all times during The District will be responsible for the Term, Tenant shall maintain implementation of the Premises Plan so long as it is responsible for providing maintenance in good order and condition and appearances reasonably commensurate accordance with the balance provisions of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesArticle.
Appears in 1 contract
Samples: Memorandum of Understanding
Maintenance and Repairs. 7.1 Tenant shall, at its 8.1 At Tenant’s expense, throughout the Term Tenant will keep and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems all fixtures and equipment exclusively serving the Premiseslocated therein, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, except that if any escalators are installed by Tenant or on Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant behalf in connection with the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion buildout of the Premises or any system or equipment TRP Lobby Space as set forth in the Premises which Tenant is obligated to repair cannot be fully repairedSection 9.1 of this Lease (“TRP Escalators”), Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shallLandlord, at Tenant’s expense, will maintain the TRP Escalators, in a preventive maintenance contract providing clean, safe and sanitary condition and make all required repairs thereto. At the expiration or earlier termination of the Lease Term, Tenant shall surrender the Premises, broom clean, in the same order and condition in which they are in on the Lease Commencement Date, ordinary wear and tear and unavoidable damage by casualty excepted. Landlord shall install (subject to reimbursement in accordance with Section 4) all replacement tubes for all Building standard fluorescent light fixtures in the Premises. All other bulbs, tubes, and lighting fixtures for the regular inspection (Premises shall be provided and installed by Landlord at least quarterly) Tenant’s cost and maintenance expense and as additional rent.
8.2 Except as otherwise provided as to casualty matters in Section 17 hereof, all injury, breakage, and damage to the Premises and to any other part of the heating and air conditioning system Building caused by a licensed and qualified heating and air conditioning any act or omission of Tenant, or of any agent, employee, subtenant, contractor, customer, client, licensee, guest or other invitee of Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract (each an “Invitee” or collectively, the “Invitees”), shall be paid repaired by Tenant and an at the sole expense solely chargeable to of Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). except that Landlord shall have the right, upon notice to Tenantat its option, to undertake make such repairs and to charge Tenant as additional rent for all costs and expenses incurred in connection therewith. The liability of Tenant for such costs and expenses shall be reduced by the responsibility for preventive maintenance amount of any other system insurance proceeds received by Landlord on account of such injury, breakage, or component at Tenant’s expense. Tenant damage.
8.3 Landlord shall be responsible for janitorial services keep and trash removal from maintain the Premisesexterior and demising walls, at Tenant’s expense. foundations, roof, and common areas that form a part of the Building, and the Building standard mechanical, electrical, HVAC, and plumbing systems, elevators, escalators, windows, pipes and conduits that are provided by Landlord and Tenant intend thatin the operation of the Building or, at all times during the Termon a non-exclusive basis, Tenant shall maintain the Premises in good order clean, safe, sanitary, and operating condition and appearances reasonably commensurate to ensure that the working condition of such items is in accordance with a standard at least equal to the balance level of quality existing on the Effective Date. All common or public areas of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this SectionProject (including, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana codefirst floor lobby area and the exterior landscaping) shall be maintained by Landlord in accordance with standards customarily maintained by first class office buildings in the Baltimore, Maryland area. In such cases, Tenant shall reimburse promptly provide Landlord immediately upon demand with written notice of any defect or need for repairs in or about the Building of which Tenant is aware; provided, however, Landlord’s obligation to repair hereunder shall not be limited to matters of which it has been given notice by Tenant. Notwithstanding any of the foregoing to the contrary: (a) maintenance and repair of special tenant areas, facilities, finishes and equipment (including, but not limited to, any special fire protection equipment, telecommunications and computer equipment, kitchen/galley equipment, or internal staircase(s) which may be installed by or at the request of Tenant, supplemental air-conditioning equipment serving the Premises only and all costs incurred in performing such other furniture, furnishings and equipment of Tenant and, except as otherwise expressly set forth herein, all Alterations, including, but not limited to, Renovation Improvements and Base Building Improvements) shall be the sole responsibility of Tenant and shall be deemed not to be a part of the Building structure and systems with respect to maintenance and repair responsibilities; and (b) Landlord shall have no obligation to make any repairs brought about by any act or repair plus an administration fee equal to 5% neglect of such actual and reasonable costs Tenant or expensesany Invitee.
Appears in 1 contract
Maintenance and Repairs. 7.1 Tenant Landlord shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain -keep in good order, condition order and repair the following: (a) the structural parts of each of the Building that comprise the Premises, including but not limited the foundation, subflooring, floor slab, exterior walls, structural walls, roof, and utilities outside the exterior of each Building and under the floors and floor slabs, together with all interior and/or glass damage due to heating any structural failure or defect, (b) the roof membrane, (c) all paved areas, including parking lot and walkways, and (d) landscaping. Tenant shall promptly notify Landlord in writing of any items which need maintenance or repair. Landlord shall be solely responsible for capital costs and maintenance and repair costs of the structural parts of the Building described in item (a) and for capital costs for the roof membrane. Maintenance and repair costs for items (b) through (d), including routine maintenance and repair costs and capital costs chargeable to Tenant shall be paid by Tenant to Landlord pursuant to the Rider attached hereto. Tenant shall maintain and repair all interior portions of the Demised Premises including all interior non-structural walls, ceilings, lighting, floor coverings, glass, heating, ventilating and air conditioning equipment, wallselevators, floors and ceilings, window exteriors, mechanical and interior electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, except when such damage results from any structural failure or defect. Tenant shall furnish its own cleaning services, trash removal and maintenance of the HVAC system and elevators. Upon notification by Tenant’s signs , Landlord shall promptly repair any damage to or defect in the Premises and utility facilities the Building; provided, however, that if such damage is occasioned by fault or neglect of the Tenant (except as provided in paragraph 16 hereof) and there shall not maintained by Landlordbe in effect at the time such damage occurred a policy or policies of insurance insuring Landlord against any loss resulting from such damage, then Tenant shall reimburse Landlord for the reasonable actual cost of repairs or if the proceeds of such insurance are insufficient to cover such cost, then Tenant shall reimburse Landlord the difference between such cost and the proceeds which Landlord received. Landlord shall use reasonable efforts to extend to Tenant ensure that, as of the benefit from warranties on such itemsCommencement Date, all existing building systems, if any, that have been made by Landlord’s contractors or vendors shall be in good working order. Tenant hereby waives all rights under and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion benefit of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repairedprovisions of Sections 1932 (1), Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) 1941 and maintenance 1942 of the heating California Civil Code and air conditioning system by a licensed and qualified heating and air conditioning contractorany similar or successor law, statute or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system ordinance now or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenseshereafter enacted.
Appears in 1 contract
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereofterm of this lease, maintain in take good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion care of the Premises or any system or equipment in demised premises and the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) fixtures and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseappurtenances therein. Tenant shall be responsible for janitorial services all damage or injury to the demised premises or any other part of the building and trash removal from the Premisessystems and equipment thereof, whether requiring structural or nonstructural repairs caused by, or resulting from, carelessness, omission, neglect or improper conduct of Tenant, Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for, or supplied to, Tenant or any subtenant, or arising out of the installation, use or operation of the property or equipment of Tenant or any subtenant. Tenant shall also repair all damage to the building and the demised premises caused by the moving of Tenant's fixtures, furniture and equipment. Tenant shall promptly make, at Tenant’s 's expense, all repairs in and to the demised premises for which Tenant is responsible. 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. Landlord and Tenant intend that, at all times during the Term, Tenant Owner shall maintain the Premises in good working order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionexterior and the structural portions of the building, Landlord mayincluding the structural portions of the demised premises, on 10 days’ prior written notice and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (except that no notice to the extent such systems presently exist) serving the demised premises (without limitation, the term "structural" shall be required deemed to include the roof of the building). Tenant agrees to give prompt notice of any defective condition in the demised premises for which Owner may be responsible hereunder. There shall be no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising 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. It is specifically agreed that Tenant shall not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this lease. Tenant agrees that Tenant's sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 4 shall not apply in the case of emergency)fire or other casualty, enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesArticle 9 hereof.
Appears in 1 contract
Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereofterm of this lease, maintain in take good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion care of the Premises or any system or equipment in demised premises and the Premises which Tenant is obligated to repair cannot be fully repairedfixtures and appliances therein, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services all damage or injury to the demised premises or any other part of the building and trash removal the systems and equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the Premisesinstallation, 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 's expense, all repairs in and to the demised premises for which Tenant is responsible, using only the contractor for the trade or trades in question, selected from a list of at least two contractors per trade submitted by Owner. Any other repairs in or to the building or the facilities and systems thereof for which Tenant is responsible shall be performed by Owner at the Tenant's expense. Landlord and Tenant intend that, at all times during the Term, Tenant Owner shall maintain the Premises in good working order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionexterior and the structural portions of the building, Landlord mayincluding the structural portions of its demised premises, on 10 days’ prior written and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises. Tenant agrees to give prompt notice (except that no notice of any defective condition in the premises for which Owner may be responsible hereunder. There shall be required no allowance to Tenant for duration 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 or to any portion of the building or the or the demised premises or in and to the fixtures, appurtenances or equipment thereof. It is specifically agreed that Tenant shall not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this Lease. Tenant agrees that Tenant's sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 4 shall not apply in the case of emergency), enter the Premises and perform such maintenance fire or repair on behalf of Tenant; provided such entry is made other casualty which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesArticle 9 hereof.
Appears in 1 contract
Maintenance and Repairs. 7.1 (a) Tenant shall, in a commercially reasonable manner, manage, maintain, repair, replace, clean, secure, protect, defend and keep in good condition, repair and appearance and in compliance with all governmental requirements and laws the Premises and all improvements and appurtenances and all utilities, facilities, installations and equipment used in connection therewith, except as expressly provided in Section 5.18, including the structural elements of all walls, roof decks, floor slabs and foundations, all floor coverings, roof waterproofing and membranes, glass, windows, doors, partitions, exterior lighting, elevators, electrical, telecommunications, plumbing, heating, ventilating and other building systems, pipes, drains, water and sewage systems and other fixtures or equipment serving the Premises. Without limitation, Tenant shall provide all cleaning, painting, janitorial services, security, rubbish disposal, periodic exterior waterproofing treatments to the Premises, window caulking, maintenance of all gas, water, electric, telecommunications and other utility lines from surrounding ways to the Premises, and shall repair and maintain the grounds and landscaping, roads, parking areas (including periodic resurfacing), and walkways appurtenant to the Premises, and shall provide landscaping and snowplowing services thereto, keeping the Premises and all improvements and appurtenances in at least as good condition as on the Commencement Date, reasonable wear and tear excepted, except as expressly provided in Section 5.18. Tenant shall not injure, overload, deface, or commit waste in the Premises nor use or permit any use of the Premises that is improper or offensive or that constitutes a nuisance. Except as expressly provided in Section 5.18, Tenant shall make promptly all structural and nonstructural, foreseen and unforeseen, ordinary and extraordinary changes and repairs of every kind that may be required to be made to keep and maintain the Premises in good condition, repair, and appearance, reasonable wear and tear excepted. Tenant shall keep the Premises orderly and free and clear of rubbish. Tenant shall keep the Premises equipped with fire extinguishers and other safety appliances as are required by applicable laws and the insurance required to be carried by Tenant hereunder and as otherwise reasonably appropriate for Tenant's use. Tenant covenants to perform or observe all terms, covenants or conditions of any Title Documents or any maintenance agreement to which it may at any time be a party or to which the Premises may be subject and Landlord shall have no obligations whatsoever thereunder. Tenant shall, at its expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend enforce compliance with any provisions of any Title Documents or maintenance agreement having a material effect on the value or use of the Premises by any other person subject to such agreement. Landlord shall not be required to maintain, repair or rebuild, or to make any alterations, replacements, or renewals of any nature to the Premises, or any part thereof, whether ordinary or extraordinary, structural or nonstructural, foreseen or not foreseen to maintain the Premises or any part thereof in any way, except as expressly provided in Section 5.18. Tenant hereby expressly waives the benefit right to make repairs at the expense of Landlord that may be provided for in any law. To the maximum extent permitted by law, Tenant assumes all risk of damage or injury to any person or property located in, on, or about the Premises and Landlord shall not be liable for any loss or damage to person or property resulting from warranties any accident, theft, vandalism, or other occurrence on the Premises. Tenant shall, in all events, make all repairs, replacements and perform maintenance and other work for which it is responsible hereunder promptly, in a good, proper and workmanlike manner at its sole cost and expense.
(b) If Landlord believes that Tenant has failed to comply with its maintenance, repair and related obligations under this Lease, Landlord may send a notice thereof to the Tenant (the "Property Condition Notice"). Promptly following the issuance of any Property Condition Notice, Landlord and Tenant will meet and attempt to agree in writing upon a mutually acceptable plan of action by the Tenant to address the matters set forth in the Property Condition Notice. If, for any reason, Landlord and Tenant have not agreed in writing on a plan of action within thirty (30) days from the date of the Property Condition Notice, Landlord shall be entitled to send Tenant a notice (the "Landlord Notice") naming a third- party engineering firm (such itemsthird-party engineering firm, the "Landlord's Designated Consultant") to investigate the matters described in the Property Condition Notice. Tenant may, within twenty (20) days from the date of the Landlord Notice, provide Landlord with written notice (the "Tenant Notice") stating that Tenant disapproves of Landlord's Designated Consultant and naming another proposed third-party engineering firm (such third-party engineering firm, the "Tenant's Designated Consultant") to investigate the matters described in the Property Condition. If Tenant fails to send a Tenant Notice to Landlord within twenty (20) days following the Landlord Notice, and if the Landlord Notice contained the following words at the top of the notice, "TENANT MUST RESPOND TO THIS REQUEST WITHIN 20 DAYS FROM THE DATE OF THIS LANDLORD NOTICE OR TENANT SHALL BE DEEMED TO HAVE APPROVED AND AGREED TO THE LANDLORD NOTICE," then Tenant shall be deemed to have agreed to the use of Landlord's Designated Consultant and Landlord's Designated Consultant shall promptly issue a written report to Landlord and Tenant (the "Property Condition Report") setting forth the results of its investigation and outlining the steps, if any, that have been made should be taken by Landlord’s contractors or vendors and Tenant in order to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendorsaddress those matters. If any portion Tenant issues a Tenant Notice to Landlord within twenty (20) days following the Landlord Notice, the Landlord's Designated Consultant and the Tenant's Designated Consultant shall, within ten (10) days from the Tenant Notice, send a written notice to Landlord and Tenant designating a third-party engineering firm (which shall not be either the Landlord's Designated Consultant nor the Tenant's Designated Consultant) to issue the Property Condition Report. Promptly following the issuance of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repairedProperty Condition Report, Tenant shall promptly replace commence the same, regardless of whether work described in the benefit of such replacement extends beyond Property Condition Report and shall complete the Term. Tenant shall, at Tenant’s expense, maintain same as soon as reasonably practicable in a preventive maintenance contract providing for the regular inspection (at least quarterly) good and maintenance of the heating workmanlike manner and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Lawsall applicable laws. If the Landlord's Designated Consultant and the Tenant's Designated Consultant fail to name a third party engineering firm within ten (10) days from the date of the Tenant Notice, including but not limited toeither Landlord or Tenant may apply to the Boston office of the American Arbitration Association for appointment of a single arbitrator to select such third party engineering firm. Any such arbitration shall be conducted in accordance with the Fast-Track Commercial Arbitration Rules and the decision of the arbitrator shall be binding on Landlord and Tenant. The third party costs of all engineering firms engaged under this Section 5.3(b), as well as costs payable to any arbitration association or arbiter, shall be borne equally by Landlord and Tenant. If at any time the American Arbitration Association shall cease to provide arbitration services for commercial disputes in the Greater Boston area, the Marijuana code. In arbitrator shall be appointed by any successor organization providing substantially the same services and, in the absence of any such casessuccessor organization, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% by a court of such actual and reasonable costs or expensescompetent jurisdiction.
Appears in 1 contract
Samples: Lease Agreement (Parlex Corp)
Maintenance and Repairs. 7.1 (a) Tenant shall, throughout the term of this Lease, take good care of the Premises and the fixtures and appurtenances therein. Tenant shall be responsible for all damage or injury to the 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 the negligence or willful misconduct of Tenant, Tenant’s subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the installation, use or operation of the property or equipment of Tenant or any subtenant. Tenant shall also repair all damage to the Building and the Premises caused by the moving of Tenant’s fixtures, furniture and equipment. Tenant shall promptly make, at its Tenant’s expense, throughout all repairs in and to the Term 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 contractors per trade submitted by Landlord or other reputable contractor approved by Landlord, provided, that such contractors submitted or approved by Landlord shall charge market rates on industry standard terms and all renewals conditions. Any other repairs in or to the Building or the facilities and extensions thereofsystems thereof for which Tenant is responsible shall, if Tenant fails to begin making such repairs within five (5) Business Days of written notice, be performed by Landlord at the Tenant’s expense, at commercially reasonable and competitive charges (except for emergency repairs, for which no notice shall be required). Landlord shall maintain in good order, condition working order and repair the exterior and the structural portions of the Building, including the structural portions of its Premises, including but not limited to heating and the public portions of the Building interior and the Building plumbing, electrical, heating, air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical ventilating systems and equipment exclusively serving the PremisesPremises and shall be responsible for repair of any damage to the Premises for which Tenant would otherwise be responsible if caused by the willful acts or gross negligence of Landlord or its agents or contractors. Tenant agrees to give prompt notice of any defective condition in the Premises of which Tenant becomes aware for which Landlord may be responsible hereunder. Except as expressly set forth in this Lease, electric light there shall be no allowance to Tenant for diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord or others making repairs, alterations, additions or improvements in or to any portion of the Building or the Premises or in and to the fixtures, bulbsappurtenances or equipment thereof. Except as expressly set forth in this Lease, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, it is specifically agreed that Tenant shall not be entitled to any setoff or reduction of rent by reason of any failure of Landlord to comply with the covenants of this Lease. Tenant agrees that Tenant’s signs and utility facilities sole remedies at law in such instance will be (a) by way of an action for damages for breach of contract or (b) causing such repairs to be made at Landlord’s expense. The provisions of this Article 5 shall not maintained by Landlord. apply in the case of fire or other casualty which are dealt with in Article 13 hereof.
(b) Landlord shall use reasonable efforts to extend perform any work under this Lease expeditiously and in a manner designed to Tenant minimize interference with Tenant’s normal business operations in the benefit from warranties on such itemsPremises; and, if anyexcept in the case of emergency, upon reasonable notice to Tenant; provided, however, that in no event shall Landlord be obligated to perform any such work on an overtime basis. Upon the completion of any such work by Landlord as provided in this Article 5, the rentable area of any floor of the Premises shall not have been made reduced except to a de minimis extent unless required by Landlord’s contractors or vendors law, and Landlord agrees to extend to Tenantrepair, as and if availableat its expense, any bulk buying power that Landlord may have with damage to the Premises resulting from such contractors or vendorswork to the condition existing immediately prior to the performance thereof. If Landlord fails to make any repair or provide any service Landlord is obligated to provide under this Lease and as a result thereof, Tenant shall not be able to use all or substantially all of the Premises for a period of five (5) consecutive Business Days or more after notice thereof to Landlord, then Tenant shall be entitled to an abatement of rent with respect to the Fixed Rent and Additional Charges allocable to such portion of the Premises or any system or equipment in which is not usable for each day after said five (5) consecutive Business Day period that the Premises which Tenant is obligated to not usable until the repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system is substantially completed or services are substantially restored by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesLandlord.
Appears in 1 contract
Samples: Lease Agreement (Merisel Inc /De/)
Maintenance and Repairs. 7.1 Tenant shall9.1 AGENT is authorized to make or cause to be made, at its expensethrough contracted services or otherwise, throughout all ordinary repairs and replacements reasonable necessary to preserve and maintain the Term PREMISES in an attractive condition and in good state of repair for the operating efficiency of the PREMISES, and all renewals and extensions thereofalterations required complying with lease requirements, maintain in good ordergovernmental regulations or insurance requirements. AGENT is also authorized to purchase or rent, condition and repair the Premises, including but not limited to heating and air conditioning all equipment, wallstools, floors appliances, materials, supplies, and ceilingsother items necessary for the management, window exteriorsmaintenance, mechanical or operation of the PREMISES. Such maintenance expenses will be paid by the OWNER and electrical systems through the OPERATING ACCOUNT. AGENT shall not be liable to OWNER for any act, omission, or breach of duty of such independent contractor or supplier.
9.2 At AGENT’s discretion, a 10% fee of gross invoices for all labor and equipment exclusively serving material arranged for and contracted by AGENT for remodeling, redecorating or repair of the PremisesPREMISES may be charged.
9.3 OWNER acknowledges that AGENT’s business relationship with vendors may create certain benefits in the form of rebates, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, gratuities and/or discounts that AGENT may choose to pass along to OWNER.
9.4 OWNER approves AGENT to contract for Preventative Maintenance at the expense of the OWNER. The contractor will check all plumbing system and plumbing fixtures, Tenant’s signs caulking, door stops, dryer vents, smoke and/or CO detectors, and utility facilities furnace filters and make necessary repairs. AGENT agrees to back-charge TENANT for TENANT related expenses.
9.5 OWNER approves AGENT to hire contractors to repair, maintain, redecorate, or alter the PREMISES, provided that AGENT does not maintained by Landlordexpend more than$ , for any single repair or maintenance item, without prior notice to OWNER. Landlord shall use reasonable efforts to extend to Tenant Additionally, A/C, furnace, water heater, roof leaks and other urgent, emergency and /or “no option” repairs are exempt from the benefit from warranties on such items, if any, above stated amount.
9.6 OWNER acknowledges that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion a turnover of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterlyTENANT(S) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises clean and perform such maintenance or repair on behalf of Tenant; provided such entry is made repairs to make the property “rent ready” can easily exceed the above stated dollar cap. AGENT shall supply OWNER with a move-out conditions report including photos and recommendations for repairs and cleaning and OWNER authorizes AGENT to proceed with those repairs and cleaning unless otherwise directed by OWNER in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred writing in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesa timely fashion.
Appears in 1 contract
Samples: Rental Management Agreement
Maintenance and Repairs. 7.1 At the time of lease commencement and prior to Tenant's possession of the Premises, Tenant shalland its architect and project manager shall prepare and deliver to Landlord a written punch list of then-known building deficiencies. Landlord shall correct all such deficiencies within thirty (30) days after receipt of said written punchlist, except if the nature of the deficiency is such that it cannot be corrected in thirty (30) days, then Landlord shall have an additional reasonable amount of time within which to correct the particular deficiency. If Landlord does not correct any deficiency within the time period permitted above, then Tenant shall have the right to do so and upon completion thereof and delivery to Landlord of written documentation substantiating costs incurred and payment thereof by Tenant, Landlord shall pay Tenant said costs (inclusive of an administrative cost of 10%) within thirty (30) days after receipt of same. If Landlord does not pay any amounts due under the preceding sentence within said thirty (30) day period, then Tenant may deduct the cost thereof from the next installment(s) of Rent payable under the Lease. Tenant's occupancy of the Premises or preparation of a punch list shall not reduce Landlord's obligation to construct the space in accordance with the Final Plans (defined in Exhibit B). Landlord agrees to cooperate with Tenant to enforce, at its Tenant's sole cost and expense, throughout any express warranties or guaranties of workmanship or materials given by subcontractors or materialmen that guarantee or warrant against defective workmanship or materials and to cooperate with Tenant in the Term enforcement, at Tenant's sole cost and all renewals expense, of any service contracts that provide service, repair or maintenance to any item incorporated in the Building; provided that Landlord will not charge Tenant for Landlord's employees' time in such cooperation.
7.2 During the Term, Tenant at Tenant's expense but under the direction of Landlord, shall repair and extensions thereofmaintain Tenant's signage and the interior of the Premises, including, without limitation, the interior walls, floor coverings, ceiling (ceiling tiles and grid), Tenant Improvements, Alterations, Minor Alterations, fire extinguishers, outlets and fixtures, plate glass, doors, door locks and door hardware, security systems, telecommunications systems, and plumbing fixtures, and any appliances (including dishwashers, hot water heaters and garbage disposers) in the Premises, in a first class condition, and keep the Premises and the parking areas in a clean, safe and orderly condition.
7.3 Landlord shall maintain or cause to be maintained in reasonably good order, condition and repair repair, (i) the exterior of the Building and all other exterior improvements constructed upon the Premises, including including, but not limited to heating to, roof (including without limitation flashing and air conditioning equipmentdrainage systems), wallslawn care and landscaping, floors snow removal, parking areas (other than routine maintenance such as debris and ceilingsrubbish removal which shall be performed by Tenant), window exteriors, mechanical and electrical systems and equipment exclusively serving (ii) the following portions of the Premises: fire sprinkler system, electric light fixturesutility lines up to connection points with the building, bulbsHVAC and other Building Systems, tubes and tube casings, doorsfoundations, floor slab (but not floor coverings) and exterior walls of the Building. All costs incurred by Landlord in performing such maintenance and repair shall be included within the definition of Operating Costs pursuant to the terms of this Lease (except as otherwise provided in this Lease), dock doorsprovided, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if anyhowever, that have been made Tenant shall pay directly the cost of repairs for any damage occasioned by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion 's use of the Premises or any system act or equipment omission of Tenant or Tenant's Representatives or Visitors, to the extent (if any) not covered by the property insurance in the form required to be maintained by Landlord pursuant to this Lease (or if covered by insurance, then to the extent of any deductible). Notwithstanding anything herein to the contrary, Landlord shall also maintain or cause to be maintained, at its sole cost, the structural portions of the Premises. Landlord shall be under no obligation to inspect the Premises. Tenant shall promptly report in writing to Landlord any defective condition known to Tenant which Landlord is required to repair.
7.4 If any governmental authority promulgates or revises any Law or imposes mandatory controls on Landlord or the Premises which Tenant is obligated relating to repair cannot be fully repairedthe 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 Premises (collectively "Controls"), Tenant shall promptly replace comply with such Controls or make any required alterations to the samePremises related thereto.
7.5 Tenant shall have the exclusive right, regardless subject to approval by the City, to place two large lighted signs on the exterior or on the top of whether the benefit Building and one monument sign in front or on the side of such replacement extends beyond the TermBuilding. Tenant shallshall also have the right to post signs in the parking area, at including signs identifying visitors, reserved and/or other parking designations or limitations. All such signage and Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) 's right to install same shall be subject to and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance installed in compliance with duly licensed and qualified employeeapplicable Laws. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to all signage is the responsibility of the Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the rightright to approve the design of such signage provided such approval shall not be unreasonably withheld or delayed. It is intended that Tenant shall have the right to place on the Building two large signs with its logotype and its colors, upon notice subject to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseLandlord's reasonable approval. Tenant shall be responsible for janitorial services obligated to maintain the building-mounted signage. Tenant shall not be obligated to remove the Building mounted sign and trash removal from restore the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during Building exterior surface to its original condition unless the Lease shall be involuntarily terminated earlier than the end of the 144th month of the Term, Tenant shall maintain the Premises in good order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case of emergency), enter the Premises and perform such maintenance or repair on behalf of Tenant; provided such entry is made in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expenses.
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Maintenance and Repairs. 7.1 Tenant shall, at its expense, throughout the Term and all renewals and extensions thereofterm of this Lease, maintain in take good order, condition and repair the Premises, including but not limited to heating and air conditioning equipment, walls, floors and ceilings, window exteriors, mechanical and electrical systems and equipment exclusively serving the Premises, electric light fixtures, bulbs, tubes and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. Landlord shall use reasonable efforts to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion care of the Premises or any system or equipment in demised premises and the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) fixtures and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalf). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expenseappurtenances therein. Tenant shall be responsible for janitorial services all damage or injury to the demised premises or any other part of the Building and trash removal the systems and equipment thereof, whether requiring structural or nonstructural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, Tenant's subtenants, agents, employees, invitees or licensees, or which arise out of any work, labor, service or equipment done for or supplied to Tenant or any subtenant or arising out of the Premisesinstallation, use or operation of the property or equipment of Tenant or any subtenant. Tenant also shall repair all damage to the Building and the demised premises caused by the moving of Tenant's fixtures, furniture and equipment. Tenant promptly shall make, at Tenant’s 's 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 (2) 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. Landlord and Tenant intend that, at all times during the Term, Tenant Owner shall maintain the Premises in good working order and condition and appearances reasonably commensurate with the balance of the Property. All of Tenant’s obligations to maintain and repair shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises as required by this Sectionexterior and structural portions of the building, Landlord mayincluding the structural portions of the demised premises, on 10 days’ prior written and the public portions of the building interior and the building plumbing, electrical, heating and ventilating systems (to the extent such systems presently exist) serving the demised premises. Tenant agrees to give prompt notice (except that no notice of any defective condition in the premises for which Owner may be responsible hereunder. There shall be required no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising 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. It is specifically agreed that Tenant shall not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this Lease. Tenant agrees that Tenant's sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this numbered Article shall not apply in the case of emergency), enter the Premises and perform such maintenance fire or repair on behalf of Tenant; provided such entry is made other casualty which are dealt with in compliance with Applicable Laws, including but not limited to, the Marijuana code. In such cases, Tenant shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal to 5% of such actual and reasonable costs or expensesArticle "9" hereof.
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Samples: Lease Agreement (MMC Energy, Inc.)
Maintenance and Repairs. 7.1 (a) Tenant shall, at its own cost and expense, throughout the Term and all renewals and extensions thereof, maintain in good order, condition and repair and replace as necessary the interior of the Demised Premises, including but not limited to heating and the heating, air conditioning equipmentand ventilation systems, glass, windows and doors, sprinkler, all plumbing and sewage systems, fixtures, interior walls, floors and (including floor slabs), ceilings, window exteriorsstorefronts, mechanical and plate glass, skylights, all electrical systems facilities and equipment exclusively serving including, without limitation, lighting fixtures, lamps, fans and any exhaust equipment and systems, electrical motors, and all other appliances and equipment (including, without limitation, dock levelers, dock shelters, dock seals and dock lighting) of every kind and nature located in, upon or about the Demised Premises, electric light fixturesexcept as to such maintenance, bulbs, tubes repair and tube casings, doors, floor coverings, dock doors, levelers, plumbing system and plumbing fixtures, Tenant’s signs and utility facilities not maintained by Landlord. replacement as is the obligation of Landlord shall use reasonable efforts pursuant to extend to Tenant the benefit from warranties on such items, if any, that have been made by Landlord’s contractors or vendors and to extend to Tenant, as and if available, any bulk buying power that Landlord may have with such contractors or vendors. If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to repair cannot be fully repaired, Tenant shall promptly replace the same, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall, at Tenant’s expense, maintain a preventive maintenance contract providing for the regular inspection (at least quarterly) and maintenance of the heating and air conditioning system by a licensed and qualified heating and air conditioning contractor, or Tenant shall perform such HVAC inspection and maintenance with duly licensed and qualified employee. The cost of such preventive maintenance contract shall be paid by Tenant and an expense solely chargeable to Tenant; but if Landlord so elects, same may be billed directly by Landlord to Tenant where Landlord on Tenant’s behalf enters into such preventive maintenance contract and in such case shall be deemed Additional Rent (Landlord alone may so elect whether to enter into such preventive maintenance contract on Tenant’s behalfSection 10(b). Landlord shall have the right, upon notice to Tenant, to undertake the responsibility for preventive maintenance of any other system or component at Tenant’s expense. Tenant shall be responsible for janitorial services and trash removal from the Premises, at Tenant’s expense. Landlord and Tenant intend that, at all times during During the Term, Tenant shall maintain in full force and effect a service contract for the Premises maintenance of the heating, ventilation and air conditioning systems with an entity reasonably acceptable to Landlord. Any existing service contracts at the time of execution of this Lease shall be considered as reasonably accepted by Landlord (provided that, prior to such execution, Tenant has delivered to Landlord true and complete copies of all such contracts). Tenant shall deliver to Landlord (i) a copy of said service contract prior to the Lease Commencement Date, and (ii) thereafter, a copy of a renewal or substitute service contract within thirty (30) days prior to the expiration of the existing service contract. Tenant’s obligation shall exclude any maintenance, repair and replacement required because of the act or negligence of Landlord, its employees, contractors or agents, which shall be the responsibility of Landlord, or for any equipment or other items needing repair that serve one or more other tenants in the Building (provided that the cost incurred by Landlord to repair such other equipment and other items will be included in Operating Expenses).
(b) Landlord shall, at its own cost and expense, maintain in good order and condition and appearances reasonably commensurate with repair the balance foundation (beneath the floor slab) and structural frame of the PropertyBuilding. All Landlord shall also maintain in good condition and repair the Building Common Area and the roof of Tenant’s obligations to maintain the Building and the cost of such maintenance and repair shall be accomplished included in Operating Expenses. Landlord shall, at Tenantits own cost and expense, be responsible for replacement of the roof of the Building to the extent necessary during the Term. Landlord’s sole expense. If Tenant fails to maintain and repair obligation shall exclude the Premises as required by this Section, Landlord may, on 10 days’ prior written notice (except that no notice shall be required in case cost of emergency), enter the Premises and perform such any maintenance or repair on behalf required because of the act or negligence of Tenant or any of Tenant; provided ’s subsidiaries or affiliates, or any of Tenant’s or such entry is made in compliance with Applicable Lawssubsidiaries’ or affiliates’ agents, including but not limited tocontractors, employees, licensees or invitees (collectively, “Tenant’s Affiliates”), the Marijuana codecost of which shall be the responsibility of Tenant. In Landlord will perform its obligations under this subsection (b) in a manner which will minimize, to the greatest extent practicable, interference with the operations of Tenant in the Demised Premises.
(c) Except to the extent that damage is caused 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; provided, however, that if any such casesdamage affects portions or components of the Building which must be repaired by Landlord pursuant to subsection (b), nothing in this subsection (c) will relieve Landlord of its obligation to perform required repairs. To the extent that any such vessel or pipe is located within the Building Common Area or serves more than one Tenant in the Building, Landlord shall reimburse Landlord immediately upon demand for all costs incurred in performing such maintenance or repair plus an administration fee equal cause repairs to 5% performed and the cost of such actual and reasonable costs or expensesrepair shall be included in Operating Expenses (provided that Landlord will use insurance proceeds to pay the cost of repairs to the extent such proceeds are actually available).
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