Common use of Maintenance and Services Clause in Contracts

Maintenance and Services. (A) Tenant shall at all times keep the Premises (including maintenance of exterior entrances, all glass and all glass and show window moldings) and all partitions, doors, fixtures, equipment and appurtenances thereof (including lighting, heating plumbing, and plumbing fixtures, electrical equipment and any air conditioning system) in good order, condition, and repair (including reasonable periodic painting as determined by Landlord), damage by unavoidable casually excepted, except for structural portions of the Premises, which shall be maintained by Landlord, but if Landlord is required to make repairs to structural portions by reason of Tenant's negligent act or omission to act, Landlord may add the cost of such repairs to the rent as Additional Rent, which shall thereafter become due. It is understood that the maintenance of all utility lines and appurtenances from the Premises at the points at which such utility lines and appurtenances serving only the Premises connect into main utility lines serving portions of the Building other than the Premises are not for the purposes hereof, part of the structural portions of the Building. Tenant shall keep the interior and exterior of all doors and show windows clean and neat. In the event Tenant fails to do so, Landlord may clean said doors and show windows and charge Tenant for the cost thereof as Additional Rent. (B) Tenant shall keep in force throughout the term of this Lease Agreement, a maintenance contract written by an air conditioning maintenance company approved by Landlord. Air conditioning equipment shall be maintained in such a manner that any water emitted from said equipment shall not be permitted to run onto the roof of the Building or onto the public areas adjacent to the Building. (C) Any structure supporting or enclosing any equipment serving the Premises shall be maintained by Tenant. (D) Tenant shall maintain the Premises and appurtenances thereto in such condition to prevent damages, actual or consequential, to adjoining buildings and tenants. Tenant shall be responsible for, and shall indemnity and hold harmless the Landlord for any and all costs and expenses resulting from such damage, actual or consequential, resulting from Tenant's failure to properly maintain the Premises and appurtenances thereto. (E) If Tenant fails, refuses or neglects to repair properly, the Premises or appurtenances thereto, as required hereunder and to the reasonable satisfaction of Landlord as soon as reasonably possible after written demand, Landlord may make such repairs without liability to Tenant for any loss, or damage that may occur to Tenant's merchandise, fixtures, or other property or to Tenant's business by reason thereof, and upon completion thereof, Tenant shall pay Landlord's costs for making such repairs plus twenty (20%) percent for overhead, upon presentation of xxxx therefor, as Additional Rent. Said xxxx shall include interest at eighteen (18%) percent on said cost from the date of completion of repairs by Landlord. In the event that Landlord shall undertake any maintenance or repair in the course of which it shall be determined that such maintenance or repair work was made necessary by the negligence or willful act of Tenant or any of its employees or agents or that the maintenance or repair is, under the terms of this Lease Agreement, the responsibility of the Tenant, Tenant shall pay Landlord's costs plus overhead and interest as above provided. (F) All garbage and refuse shall be kept in the kind of container specified by Landlord, and shall be placed outside of the Premises and prepared for collection in the manner and at the times and place specified by Landlord. Tenant shall pay the cost of removal of any of Tenant's refuse or rubbish. If Landlord shall provide or designate a service for picking up refuse and garbage, Tenant shall use same at Tenant's cost. Failure of Tenant to pay for waste removal when due shall be deemed a breach of this Lease Agreement. (G) No radio or television or other similar device shall be installed without first obtaining in each instance the Landlord's consent in writing. No aerial shall be erected on the roof or exterior walls of the Building, or on the Property, without the written consent of the Landlord. Any aerial so installed without such written consent shall be subject to removal without notice at any time. (H) No loud speakers, televisions, audio equipment, radios or other devices shall be used in a manner so as to be heard or seen outside of the Premises without the prior written consent of the Landlord. (I) The outside areas immediately adjoining the Premises shall be kept clean and free from dirt and rubbish by the Tenant to the satisfaction of the Landlord and Tenant shall not place or permit any obstruction or merchandise in such areas. (J) The plumbing facilities shall not be used for any other purpose than that for which they are constructed, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage, or damage resulting from a violation of this provision shall be borne by Tenant, who shall, or whose employees, agents or invitees shall have caused it. (K) Tenant shall keep the Premises free from nuisances, noises or odors objectionable to the public, to other tenants or to the Landlord. (L) Tenant shall pay the cost of water, gas, electricity, fuel, light, heat, power, and all other utilities furnished to the Premises or used by Tenant in connection therewith, whether such utility costs are determined by separate metering or are billed by Landlord to Tenant as Additional Rent. Tenant shall not install any equipment nor shall Tenant use the Premises in a manner that will exceed or overload the capacity of any utility facilities. If Tenant's use of the Premises shall require additional facilities, the same shall be installed only after obtaining Landlord's prior written approval, which may be withheld in Landlord's absolute discretion, and shall be installed at Tenant's expense in accordance with the plans and specifications approved in writing by Landlord. If Tenant's use and occupancy of the Premises results in an increase to Landlord of any utilities expense or results in connection or tapin fees, changes for increased usage or capacity, or assessments of any kind whatsoever, Tenant shall pay the entire amount thereof within ten (10) days of Landlord's written demand. In no event shall Landlord be liable for any interruption or failure in the supply of utilities to the Premises. (M) Tenant shall pay prior to delinquency all taxes, both real and personal, assessed against or levied upon the leasehold and upon its fixture, furnishings, equipment, leasehold improvements, and all other personal property of any kind owned by or used in connection with the Premises by Tenant. (N) Tenant shall provide for its own pest control services.

Appears in 1 contract

Samples: Retail Lease Agreement (Royal Canadian Foods Corp)

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Maintenance and Services. (A) 7.1. Tenant shall at all times keep shall, subject to events beyond its reasonable control, cause the sidewalk in front of the Leased Premises (including maintenance to be reasonably clear of exterior entrances, all glass snow and all glass and show window moldings) and all partitions, doors, fixtures, equipment and appurtenances thereof (including lighting, heating plumbingdebris, and plumbing fixtureslighted and open from 7:30 A.M. to 6:00 P.M. of each business day and those hours on any Saturday, electrical equipment Sunday or holiday that the Tenant conducts business. 7.2. Security services, if any, provided by Landlord for the Leased Premises are as a convenience only and Landlord shall have no liability whatsoever for any air conditioning system) in good order, condition, and repair (including reasonable periodic painting as determined by Landlord), damage by unavoidable casually excepted, except for structural portions of the Premises, which shall be maintained by Landlord, but if Landlord is required damages to make repairs to structural portions by reason person or property of Tenant's negligent act , its agents, employees or omission to act, Landlord may add the cost invitees for any failure of such repairs to the rent as Additional Rent, which shall thereafter become due. It is understood that the maintenance of all utility lines and appurtenances from the Premises at the points at which such utility lines and appurtenances serving only the Premises connect into main utility lines serving portions of the Building other than the Premises are not for the purposes hereof, part of the structural portions of the Buildingsecurity. Tenant shall keep the interior and exterior of all doors and show windows clean and neat. In the event Tenant fails to do sotake such reasonable precautions, Landlord as it may clean said doors and show windows and charge Tenant deem necessary for the cost thereof as Additional Rent. (B) Tenant shall keep in force throughout the term of this Lease Agreement, a maintenance contract written by an air conditioning maintenance company approved by Landlord. Air conditioning equipment shall be maintained in such a manner that any water emitted from said equipment shall not be permitted to run onto the roof of the Building or onto the public areas adjacent to the Building. (C) Any structure supporting or enclosing any equipment serving the Premises shall be maintained by Tenant. (D) Tenant shall maintain the Premises and appurtenances thereto in such condition to prevent damages, actual or consequential, to adjoining buildings and tenants. Tenant shall be responsible for, and shall indemnity and hold harmless the Landlord for any and all costs and expenses resulting from such damage, actual or consequential, resulting from Tenant's failure to properly maintain the Premises and appurtenances thereto. (E) If Tenant fails, refuses or neglects to repair properly, the Premises or appurtenances thereto, as required hereunder and to the reasonable satisfaction of Landlord as soon as reasonably possible after written demand, Landlord may make such repairs without liability to Tenant for any loss, or damage that may occur to Tenant's merchandise, fixtures, or other property or to Tenant's business by reason thereof, and upon completion thereof, Tenant shall pay Landlord's costs for making such repairs plus twenty (20%) percent for overhead, upon presentation of xxxx therefor, as Additional Rent. Said xxxx shall include interest at eighteen (18%) percent on said cost from the date of completion of repairs by Landlord. In the event that Landlord shall undertake any maintenance or repair in the course of which it shall be determined that such maintenance or repair work was made necessary by the negligence or willful act of Tenant or any protection of its property, agents, employees or agents or that the maintenance or repair is, under the terms of this Lease Agreement, the responsibility of the Tenant, Tenant shall pay Landlord's costs plus overhead and interest as above provided. (F) All garbage and refuse shall be kept in the kind of container specified by Landlord, and shall be placed outside of the Premises and prepared for collection in the manner and at the times and place specified by Landlord. Tenant shall pay the cost of removal of any of Tenant's refuse or rubbish. If Landlord shall provide or designate a service for picking up refuse and garbage, Tenant shall use same at Tenant's cost. Failure of Tenant to pay for waste removal when due shall be deemed a breach of this Lease Agreement. (G) No radio or television or other similar device shall be installed without first obtaining in each instance the Landlord's consent in writing. No aerial shall be erected on the roof or exterior walls of the Building, or on the Property, without the written consent of the Landlord. Any aerial so installed without such written consent shall be subject to removal without notice at any time. (H) No loud speakers, televisions, audio equipment, radios or other devices shall be used in a manner so as to be heard or seen outside of the Premises without the prior written consent of the Landlord. (I) The outside areas immediately adjoining the Premises shall be kept clean and free from dirt and rubbish by the Tenant to the satisfaction of the Landlord and Tenant shall not place or permit any obstruction or merchandise in such areas. (J) The plumbing facilities shall not be used for any other purpose than that for which they are constructed, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage, or damage resulting from a violation of this provision shall be borne by Tenant, who shall, or whose employees, agents or invitees shall have caused it. (K) Tenant shall keep the Premises free from nuisances, noises or odors objectionable to the public, to other tenants or to the Landlord. (L) Tenant shall pay the cost of water, gas, electricity, fuel, light, heat, power, and all other utilities furnished to the Premises or used by Tenant in connection therewith, whether such utility costs are determined by separate metering or are billed by Landlord to Tenant as Additional Rent. Tenant shall not install any equipment nor shall Tenant use the Premises in a manner that will exceed or overload not interfere with any other tenant of the capacity Leased Premises. 7.3. Landlord reserves the right to discontinue any services which during the Term of this Lease the Landlord voluntarily elects to render but which are not expressly covenanted for in this Lease, since they do not constitute any utility facilitiespart of the consideration for this Lease. 7.4. If The Leased Premises are to be maintained and kept clean by Tenant, at Tenant's use sole expense, in a manner satisfactory to Landlord and Tenant shall be responsible, at its sole cost, for the removal of refuse and rubbish from the Leased Premises. No one other than persons approved by the Landlord shall be permitted to enter the Leased Premises for the aforementioned purposes, which permission shall not be unreasonably withheld. 7.5. Tenant shall, during the Term of the Premises shall require additional facilitiesLease, at Tenant's own cost and expense, keep in good order, condition and repair the same air conditioning unit and the interior of the Leased Premises, including without limitation the exterior and interior portions of all doors, windows, plate glass, all plumbing within the Leased Premises, all the fixtures, lighting system and any exterior windows and plate glass installed by Landlord. All other structural items including, but not limited to roof, exterior walls, foundation, etc. shall be installed only after obtaining Landlord's prior written approval, which may sole cost. All repairs and replacements required by the foregoing provisions shall be withheld in Landlord's absolute discretion, quality and class equal to the original materials and workmanship and shall be installed performed only by contractors and/or mechanics approved by the Landlord. If Tenant fails to keep in good order or repair the interior of the Leased Premises, as provided herein, or if Landlord shall fail to keep in good order and repair those items which are its responsibility, as set forth hereinabove, the other party shall have the right, after notifying the responsible party of its failure and allowing fifteen (15) days for that party to remedy the condition, to remedy the failure and bill the responsible party for the actuxx xnd reasonable cost of such remedy. The amount of the bill shall be due and payable by the rexxxxsible party within fifteen (15) days of receipt and shall be considered as additional rent under this Lease. Landlord may, at Tenant's expense in accordance with the plans request and specifications approved in writing by Landlord. If at Tenant's use and occupancy expense, perform all or any part of the Premises results in an increase obligations required to Landlord of any utilities expense or results in connection or tapin fees, changes for increased usage or capacity, or assessments of any kind whatsoever, be performed by Tenant pursuant to this paragraph. 7.6. Tenant shall pay for all repairs to and replacement of any part of the entire amount thereof Leased Premises, and its equipment and furnishings, necessitated by damage or injury occurring in moving Tenant's property into or out of the Leased Premises or in installing therein or removing therefrom furniture, fixtures and all other types of property of Tenant or resulting from the negligence or abuse of Tenant. All repairs and replacements required by any of the foregoing provisions shall be in quality and class equal to the original materials and workmanship and shall be performed only by contractors and/or mechanics approved by the Landlord. 7.7. Tenant shall not permit any mechanics' or other liens for work, labor, services or materials to attach to the Leased Premises as a result of the installation of or removal of Tenant's furniture, fixtures, partitions or other property of Tenant. Whenever any such lien or liens shall be filed, or shall attach, Tenant shall, within ten (10) days of Landlord's written demand. In no event thereafter, either pay the same or procure the satisfaction or discharge thereof in such manner as is or shall Landlord be liable for prescribed by law; provided, however, that if Tenant desires to contest any interruption or failure such lien it may do so provided Tenant shall bond any such lien in the supply full amount thereof, including accrued interest, in accordance with the applicable laws of utilities the Commonwealth of Pennsylvania. 7.8. Tenant shall pay to Landlord as additional rent the cost of removal of the Tenant's refuse and rubbish not removed by the Tenant from the Leased Premises. Bills for the same shall be rendered by Landlord to Tenant at such time as Landlord may elect and shall be due and payable when rendered, and the amount of such bills shall be deemed to be, and be paid as, additional rent. Tenant at all times agrees to cooperate fully with the Landlord and to abide by all regulations and requirements which Landlord may prescribe for the proper functioning and protection of the Leased Premises or any system inherent to or related thereto. Landlord, throughout the term of this Lease, shall have free access to any and all heating and air conditioning facilities in the Leased Premises. (M) 7.9. Landlord reserves the right on reasonable notice to Tenant shall pay prior under the circumstances, to delinquency all taxesstop service of any system, both real and personalwhen necessary, assessed against by reason of accident, or levied upon the leasehold and upon its fixtureemergency, furnishingsor for repairs, equipmentalterations, leasehold replacements or improvements, and all other personal property in the judgment of Landlord as desirable or necessary to be made, until said repairs, alterations, replacements or improvements shall have been completed. Landlord shall have no responsibility or liability for failure to supply any service, when prevented from doing so due to strikes, accidents, emergencies, or by repairs, alterations, replacements or improvements which are in the judgment of the Landlord desirable or necessary to be made, until said repairs, alterations, replacements or improvements shall have been completed, or by laws, orders or regulations of any kind owned governmental authority or by any other similar or used in connection with the Premises by Tenantdissimilar cause beyond Landlord's control. (N) Tenant shall provide for its own pest control services.

Appears in 1 contract

Samples: Lease Agreement (BPK Resources Inc)

Maintenance and Services. Subtenant hereby agrees that, except as otherwise provided in this Section 10, it is relying directly on Landlord's obligations under the Prime Lease for (Ai) Tenant shall at all times repairs and replacements to all structural elements of or associated with the Building (as provided in Article XI, Section 2 of the Original Lease), (ii) all capital expenditures throughout the Sublease Term which may be required to keep the Premises Building in good repair and maintenance and in compliance with all Laws (including maintenance except for compliance of exterior entrances, all glass Interior Improvements and all glass and show window moldingsAlterations) and all partitions, doors, fixtures, equipment and appurtenances thereof (including lighting, heating plumbing, and plumbing fixtures, electrical equipment and any air conditioning system) in good order, condition, the maintenance and repair (including reasonable periodic painting as determined by Landlord)of the mechanical, damage by unavoidable casually exceptedelectrical, conveying, plumbing and other systems within the Building, except for structural portions any portion of the Premises, which shall be maintained by Landlord, but if Landlord is required to make repairs to structural portions by reason of Tenant's negligent act or omission to act, Landlord may add the cost of such repairs to the rent as Additional Rent, which shall thereafter become due. It is understood that the maintenance of all utility lines and appurtenances from the Premises at the points at which such utility lines and appurtenances serving only the Premises connect into main utility lines serving portions of the Building other than the Premises are not for the purposes hereof, part of the structural portions of the Building. Tenant shall keep the interior and exterior of all doors and show windows clean and neat. In the event Tenant fails to do so, Landlord may clean said doors and show windows and charge Tenant for the cost thereof as Additional Rent. (B) Tenant shall keep in force throughout the term of this Lease Agreement, a maintenance contract written by an air conditioning maintenance company approved by Landlord. Air conditioning equipment shall be maintained in such a manner that any water emitted from said equipment shall not be permitted to run onto the roof of the Building or onto the public areas adjacent to the Building. (C) Any structure supporting or enclosing any equipment HVAC system serving the Sublet Premises shall be maintained which was installed by Tenant. (D) Tenant shall maintain the Premises and appurtenances thereto in such condition to prevent damages, actual or consequential, to adjoining buildings and tenants. Tenant shall be responsible for, and shall indemnity and hold harmless the Landlord for any and all costs and expenses resulting from such damage, actual or consequential, resulting from Tenant's failure to properly maintain the Premises and appurtenances thereto. (E) If Tenant fails, refuses or neglects to repair properly, the Premises or appurtenances thereto, as required hereunder and to the reasonable satisfaction of Landlord as soon as reasonably possible after written demand, Landlord may make such repairs without liability to Tenant for any loss, or damage that may occur to Tenant's merchandise, fixtures, or other property or to Tenant's business by reason thereof, and upon completion thereof, Tenant shall pay Landlord's costs for making such repairs plus twenty (20%) percent for overhead, upon presentation of xxxx therefor, as Additional Rent. Said xxxx shall include interest at eighteen (18%) percent on said cost from the date of completion of repairs by Landlord. In the event that Landlord shall undertake any maintenance or repair in the course of which it shall be determined that such maintenance or repair work was made necessary by the negligence or willful act of Tenant or any of its employees or agents or that the maintenance or repair is, under the terms of this Lease Agreement, the responsibility of the Tenant, Tenant shall pay Landlord's costs plus overhead and interest as above provided. (F) All garbage and refuse shall be kept in the kind of container specified by Landlord, and shall be placed outside of the Premises and prepared for collection in the manner and at the times and place specified by Landlord. Tenant shall pay the cost of removal of any of Tenant's refuse or rubbish. If Landlord shall provide or designate a service for picking up refuse and garbage, Tenant shall use same at Tenant's cost. Failure of Tenant to pay for waste removal when due shall be deemed a breach of this Lease Agreement. (G) No radio or television or other similar device shall be installed without first obtaining in each instance the Landlord's consent in writing. No aerial shall be erected on the roof or exterior walls of the Building, or on the Property, without the written consent of the Landlord. Any aerial so installed without such written consent shall be subject to removal without notice at any time. (H) No loud speakers, televisions, audio equipment, radios or other devices shall be used in a manner so as to be heard or seen outside of the Premises without the prior written consent of the Landlord. (I) The outside areas immediately adjoining the Premises shall be kept clean and free from dirt and rubbish by the Tenant to the satisfaction of the Landlord and Tenant shall not place or permit any obstruction or merchandise in such areas. (J) The plumbing facilities shall not be used for any other purpose than that for which they are constructed, and no foreign substance of any kind shall be thrown therein, and the expense of any breakageSublandlord (as provided in Article XI, stoppageSection 3 of the Original Lease), or damage resulting from a violation of this provision shall be borne by Tenant, who shall, or whose employees, agents or invitees shall have caused it. and (Kiii) Tenant shall keep the Premises free from nuisances, noises or odors objectionable to the public, to other tenants or to the Landlord. (L) Tenant shall pay the cost of all water, gas, electricity, fuelsewer and telephone lines up to the connection points of the Building (as provided in Article VL Section 1 of the Original Lease). Sublandlord shall maintain in good order, light, heat, powercondition and repair all portions of the HVAC system serving the Sublet Premises which were installed by or at the expense of Sublandlord, and all other utilities furnished the paved and landscaped portions of the Land shall provide five (5) day per week janitorial service to the Premises or used by Tenant in connection therewith, whether such utility costs are determined by separate metering or are billed by Landlord to Tenant as Additional Rent. Tenant shall not install any equipment nor shall Tenant use the Premises in a manner that will exceed or overload the capacity of any utility facilities. If Tenant's use of the Premises shall require additional facilities, the same shall be installed only after obtaining Landlord's prior written approval, which may be withheld in Landlord's absolute discretionSublet Premises, and shall be installed at Tenant's expense in accordance perform all necessary landscaping, repairing, replacing, painting, lighting, and cleaning with respect to the plans Land and specifications approved in writing by Landlord. If Tenant's use and occupancy the exterior of the Premises results Building (collectively "Sublandlord's Maintenance Obligations"). No failure or delay by Sublandlord in an increase supplying any service or performing any maintenance required under the preceding sentence shall give Subtenant any right to Landlord terminate this Lease or shall give rise to any claim for set-off or any abatement of rent or additional rent or of any utilities expense of Subtenant's obligations under this Sublease when such failure or results delay is caused by the act or omission of Subtenant or by any cause beyond the control of Sublandlord. Subtenant shall, at its expense, maintain the interior non-structural portions of the Building and the Telecommunications Equipment in connection good order and condition, except for reasonable wear and tear and damage caused by fire or tapin feesother casualty, changes for increased usage or capacityTaldng, default by Sublandlord hereunder, or assessments of by any kind whatsoevernegligent act or omission or willful act or omission by Sublandlord, Tenant shall pay the entire amount thereof within ten (10) days of Landlord's written demand. In no event shall Landlord be liable for any interruption its officers, directors, employees, contractors, servants or failure in the supply of utilities to the Premisesagents. (M) Tenant shall pay prior to delinquency all taxes, both real and personal, assessed against or levied upon the leasehold and upon its fixture, furnishings, equipment, leasehold improvements, and all other personal property of any kind owned by or used in connection with the Premises by Tenant. (N) Tenant shall provide for its own pest control services.

Appears in 1 contract

Samples: Sublease (Microsoft Corp)

Maintenance and Services. (A) Tenant The LESSOR, at its own expense, shall provide maintenance services at the level associated with facilities in a long-term reserve state. These services are limited to the minimum maintenance measures necessary to preserve the exterior superstructure of all times keep buildings in their present condition, as noted in Exhibit “F.” Additionally, the Premises (including maintenance LESSOR, at its own expense, shall maintain, repair and replace as necessary all common means of exterior entrancesingress or egress within the installation. The LESSEE, all glass and all glass and show window moldings) and all partitionsat its own expense, doors, fixtures, equipment and appurtenances thereof (including lighting, heating plumbing, and plumbing fixtures, electrical equipment and any air conditioning system) in good order, conditionshall maintain, and repair the Leased Premises which must, at all times, be kept in at least as good condition as when received hereunder, subject however, to ordinary wear and tear and loss or damage for which LESSEE is not liable hereunder. At all times LESSEE shall maintain insurance coverage as provided in Sections 12, 13, and Exhibit “G” of this Lease. LESSEE shall keep said Premises free of all trash and rubbish and maintain the same in a clean, neat, orderly and sanitary condition. LESSOR shall be responsible for all “preventative” maintenance as described in the Basic Maintenance Description in Exhibit “E” attached hereto and made a part hereof. Additionally, every three (3) years commencing in 2018, on the eve of December 24 to the first business day of the New Year, the LESSOR will conduct required shutdown maintenance on the electrical switchgear and all major power distribution panels as well as maintenance on the facility heating and air-conditioning services. As a result, these services will not be available. LESSEE is responsible to make any required power/HVAC provisions to meet their individual operational requirements. LESSEE must coordinate with the LESSOR before any temporary services are tied into facility services. LESSEE will provide pest control service on a periodic basis. LESSOR will provide applicable life safety code requirements and maintenance including reasonable periodic painting as determined by Landlordemergency lighting, illuminated exit signs at proper locations, panic hardware, and installation and maintenance of fire extinguisher (common areas), damage subject to notification by unavoidable casually exceptedLESSEE if any of these items are out of compliance. LESSEE shall immediately give LESSOR oral or written notice of any defects or need for repairs, except for structural portions of the Premises, after which LESSOR shall be maintained by Landlord, but if Landlord is required have a reasonable opportunity to make repairs to structural portions by reason of Tenant's negligent act repair or omission to act, Landlord may add the cost of such repairs to the rent as Additional Rent, which shall thereafter become duecure defects. It is understood The parties acknowledge that the maintenance conditions of all utility lines and appurtenances from the Premises at the points at which such utility lines and appurtenances serving only the Premises connect into main utility lines serving portions commencement of the Building other than Lease is set forth in Exhibit “F” attached hereto and made a part hereof. LESSEE acknowledges that the Leased Premises are not have been used by the DOE and its contractor in its production of nuclear components, and accordingly has required super adequate ventilation, lighting and monitoring equipment. DOE has retained the responsibility for bringing its leased premises, which include the purposes hereofLeased Premises hereunder, part up to federal and state environmental standards. Some of the structural portions processes, materials, and substances to be used by LESSEE were also used by DOE on the site of the BuildingLeased Premises. Tenant shall keep By assuming this Lease, LESSEE is assuming the interior responsibility for remediation, if required, of those same materials and exterior substances within the Leased Premises, during or upon the conclusion of all doors and show windows clean and neatthis Lease. In addition, LESSEE shall remain solely responsible for bringing the event Tenant fails Leased Premises up to do soand maintaining them at appropriate legal and environmental standards in all other respects, Landlord may clean said doors and show windows and charge Tenant for except as stated hereinafter, based on the cost thereof as Additional Rent. (B) Tenant shall keep in force throughout the term of this Lease Agreement, a maintenance contract written by an air conditioning maintenance company approved by Landlord. Air conditioning equipment shall be maintained in such a manner that any water emitted from said equipment shall not be permitted to run onto the roof is” condition of the Building or onto the public areas adjacent to the Building. (C) Any structure supporting or enclosing any equipment serving the Leased Premises shall be maintained assumed by Tenant. (D) Tenant shall maintain the Premises LESSEE and appurtenances thereto in such condition to prevent damages, actual or consequential, to adjoining buildings and tenants. Tenant shall be responsible for, and shall indemnity and hold harmless the Landlord for any and all costs and expenses resulting from such damage, actual or consequential, resulting from Tenant's failure to properly maintain the Premises and appurtenances thereto. (E) If Tenant fails, refuses or neglects to repair properly, the Premises or appurtenances thereto, as required hereunder and to the reasonable satisfaction of Landlord as soon as reasonably possible after written demand, Landlord may make such repairs without liability to Tenant for any loss, or damage that may occur to Tenant's merchandise, fixtures, or other property or to Tenant's business by reason thereof, and upon completion thereof, Tenant shall pay Landlord's costs for making such repairs plus twenty (20%) percent for overhead, upon presentation of xxxx therefor, as Additional Rent. Said xxxx shall include interest at eighteen (18%) percent based on said cost from the date of completion of repairs by Landlord. In the event that Landlord shall undertake any maintenance or repair in the course of which it shall be determined that such maintenance or repair work was made necessary by the negligence or willful act of Tenant or any of its employees or agents or that the maintenance or repair is, under the terms of this Lease Agreement, the responsibility of the Tenant, Tenant shall pay Landlord's costs plus overhead and interest as above provided. (F) All garbage and refuse shall be kept in the kind of container specified by Landlord, and shall be placed outside of the Premises and prepared for collection in the manner and at the times and place specified by Landlord. Tenant shall pay the cost of removal of any of Tenant's refuse or rubbish. If Landlord shall provide or designate a service for picking up refuse and garbage, Tenant shall use same at Tenant's cost. Failure of Tenant to pay for waste removal when due shall be deemed a breach of this Lease Agreement. (G) No radio or television or other similar device shall be installed without first obtaining in each instance the Landlord's consent in writing. No aerial shall be erected on the roof or exterior walls of the Building, or on the Property, without the written consent of the Landlord. Any aerial so installed without such written consent shall be subject to removal without notice at any time. (H) No loud speakers, televisions, audio equipment, radios or other devices shall be used in a manner so as to be heard or seen outside of the Premises without the prior written consent of the Landlord. (I) The outside areas immediately adjoining the Premises shall be kept clean and free from dirt and rubbish by the Tenant to the satisfaction of the Landlord and Tenant shall not place or permit any obstruction or merchandise in such areas. (J) The plumbing facilities shall not be used for any other purpose than that for which they are constructed, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage, or damage resulting from a violation of this provision shall be borne by Tenant, who shall, or whose employees, agents or invitees shall have caused it. (K) Tenant shall keep the Premises free from nuisances, noises or odors objectionable to the public, to other tenants or to the Landlord. (L) Tenant shall pay the cost of water, gas, electricity, fuel, light, heat, power, and all other utilities furnished to the Premises or used by Tenant in connection therewith, whether such utility costs are determined by separate metering or are billed by Landlord to Tenant as Additional Rent. Tenant shall not install any equipment nor shall Tenant use the Premises in a manner that will exceed or overload the capacity of any utility facilities. If Tenant's LESSEE’s use of the Premises shall require additional facilities, Premises. LESSEE does not assume responsibility for remediation of any radioactive materials or any materials or substances of a nature or quantity for which DOE would be responsible under 42 U.S.C. §9620(h). LESSEE’S maintenance and repair contractors performing work on described property during this Agreement are required to obtain and maintain at all times during performance of work insurance with the same shall be installed only after obtaining Landlord's prior written approval, which may be withheld in Landlord's absolute discretionfollowing minimum limits of coverage:$500,000 for Workers’ Compensation Employers’ Liability, and $1,000,000 for General Liability and Auto Liability. Contractor shall be installed at Tenant's expense in accordance with the plans and specifications approved in writing by Landlord. If Tenant's use and occupancy provide certificate of the Premises results in an increase to Landlord of any utilities expense or results in connection or tapin fees, changes for increased usage or capacity, or assessments of any kind whatsoever, Tenant shall pay the entire amount thereof within ten (10) days of Landlord's written demand. In no event shall Landlord be liable for any interruption or failure in the supply of utilities to the Premises. (M) Tenant shall pay insurance coverage prior to delinquency all taxes, both real commencement of work to Lessee and personal, assessed against Lessor. Certificates shall name Lessee and Lessor as Additional Insureds. Workers Compensation coverage shall include a waiver of subrogation in favor or levied upon the leasehold Lessee and upon its fixture, furnishings, equipment, leasehold improvements, and all other personal property of any kind owned by or used in connection with the Premises by TenantLessor. (N) Tenant shall provide for its own pest control services.

Appears in 1 contract

Samples: Lease Agreement

Maintenance and Services. Subtenant hereby agrees that, except as otherwise provided in this Section IO, it is relying directly on Landlord's obligations under the Prime Lease for (Ai) Tenant shall at all times repairs and replacements to all structural elements of or associated with the Building (as provided in Article XI, Section 2 of the Original Lease), (ii) all capital expenditures throughout the Sublease Term which may be required to keep the Premises Building in good repair and maintenance and in compliance with all Laws (including maintenance except for compliance of exterior entrances, all glass Interior Improvements and all glass and show window moldingsAlterations) and all partitions, doors, fixtures, equipment and appurtenances thereof (including lighting, heating plumbing, and plumbing fixtures, electrical equipment and any air conditioning system) in good order, condition, the maintenance and repair (including reasonable periodic painting as determined by Landlord)of the mechanical, damage by unavoidable casually exceptedelectrical, conveying, plumbing and other systems within the Building, except for structural portions any portion of the Premises, which shall be maintained by Landlord, but if Landlord is required to make repairs to structural portions by reason of Tenant's negligent act or omission to act, Landlord may add the cost of such repairs to the rent as Additional Rent, which shall thereafter become due. It is understood that the maintenance of all utility lines and appurtenances from the Premises at the points at which such utility lines and appurtenances serving only the Premises connect into main utility lines serving portions of the Building other than the Premises are not for the purposes hereof, part of the structural portions of the Building. Tenant shall keep the interior and exterior of all doors and show windows clean and neat. In the event Tenant fails to do so, Landlord may clean said doors and show windows and charge Tenant for the cost thereof as Additional Rent. (B) Tenant shall keep in force throughout the term of this Lease Agreement, a maintenance contract written by an air conditioning maintenance company approved by Landlord. Air conditioning equipment shall be maintained in such a manner that any water emitted from said equipment shall not be permitted to run onto the roof of the Building or onto the public areas adjacent to the Building. (C) Any structure supporting or enclosing any equipment HVAC system serving the Sublet Premises shall be maintained which was installed by Tenant. (D) Tenant shall maintain the Premises and appurtenances thereto in such condition to prevent damages, actual or consequential, to adjoining buildings and tenants. Tenant shall be responsible for, and shall indemnity and hold harmless the Landlord for any and all costs and expenses resulting from such damage, actual or consequential, resulting from Tenant's failure to properly maintain the Premises and appurtenances thereto. (E) If Tenant fails, refuses or neglects to repair properly, the Premises or appurtenances thereto, as required hereunder and to the reasonable satisfaction of Landlord as soon as reasonably possible after written demand, Landlord may make such repairs without liability to Tenant for any loss, or damage that may occur to Tenant's merchandise, fixtures, or other property or to Tenant's business by reason thereof, and upon completion thereof, Tenant shall pay Landlord's costs for making such repairs plus twenty (20%) percent for overhead, upon presentation of xxxx therefor, as Additional Rent. Said xxxx shall include interest at eighteen (18%) percent on said cost from the date of completion of repairs by Landlord. In the event that Landlord shall undertake any maintenance or repair in the course of which it shall be determined that such maintenance or repair work was made necessary by the negligence or willful act of Tenant or any of its employees or agents or that the maintenance or repair is, under the terms of this Lease Agreement, the responsibility of the Tenant, Tenant shall pay Landlord's costs plus overhead and interest as above provided. (F) All garbage and refuse shall be kept in the kind of container specified by Landlord, and shall be placed outside of the Premises and prepared for collection in the manner and at the times and place specified by Landlord. Tenant shall pay the cost of removal of any of Tenant's refuse or rubbish. If Landlord shall provide or designate a service for picking up refuse and garbage, Tenant shall use same at Tenant's cost. Failure of Tenant to pay for waste removal when due shall be deemed a breach of this Lease Agreement. (G) No radio or television or other similar device shall be installed without first obtaining in each instance the Landlord's consent in writing. No aerial shall be erected on the roof or exterior walls of the Building, or on the Property, without the written consent of the Landlord. Any aerial so installed without such written consent shall be subject to removal without notice at any time. (H) No loud speakers, televisions, audio equipment, radios or other devices shall be used in a manner so as to be heard or seen outside of the Premises without the prior written consent of the Landlord. (I) The outside areas immediately adjoining the Premises shall be kept clean and free from dirt and rubbish by the Tenant to the satisfaction of the Landlord and Tenant shall not place or permit any obstruction or merchandise in such areas. (J) The plumbing facilities shall not be used for any other purpose than that for which they are constructed, and no foreign substance of any kind shall be thrown therein, and the expense of any breakageSublandlord (as provided in Article XI, stoppageSection 3 of the Original Lease), or damage resulting from a violation of this provision shall be borne by Tenant, who shall, or whose employees, agents or invitees shall have caused it. and (Kiii) Tenant shall keep the Premises free from nuisances, noises or odors objectionable to the public, to other tenants or to the Landlord. (L) Tenant shall pay the cost of all water, gas, electricity, fuelsewer and telephone lines, lightup to the connection points of the Building (as provided in Article VI, heatSection I of the Original Lease). Sublandlord shall maintain in good order, powercondition and repair all portions of the HVAC system serving the Sublet Premises which were installed by or at the expense of Sublandlord, and all other utilities furnished the paved and landscaped portions of the Land, shall provide five (5) day per week janitorial service to the Sublet Premises and shall perform all necessary landscaping, repairing & replacing, painting, lighting, and cleaning with respect to the Land and the exterior of the Building (collectively "Sublandlord's Maintenance Obligations"). No failure or used delay by Tenant Sublandlord in connection therewith, whether such utility costs are determined by separate metering supplying any service or are billed by Landlord performing any maintenance required under the preceding sentence shall give Subtenant any right to Tenant as Additional Rent. Tenant terminate this Lease or shall not install give rise to any equipment nor shall Tenant use the Premises in a manner that will exceed claim for set-off or overload the capacity any abatement of rent or additional rent or of any utility facilitiesof Subtenant's obligations under this Sublease when such failure or delay is caused by the act or omission of Subtenant or by any cause beyond the control of Sublandlord. If Tenant's use Subtenant shall, at its expense, maintain the interior non-structural portions of the Premises shall require additional facilitiesBuilding and the Telecommunications Equipment in good order and condition, the same shall be installed only after obtaining Landlord's prior written approvalexcept for reasonable wear and tear and damage caused by fire or other casualty, which may be withheld in Landlord's absolute discretionTaldng, and shall be installed at Tenant's expense in accordance with the plans and specifications approved in writing default by Landlord. If Tenant's use and occupancy of the Premises results in an increase to Landlord of any utilities expense or results in connection or tapin fees, changes for increased usage or capacitySublandlord hereunder, or assessments of by any kind whatsoevernegligent act or omission or willful act or omission by Sublandlord, Tenant shall pay the entire amount thereof within ten (10) days of Landlord's written demand. In no event shall Landlord be liable for any interruption its officers, directors, employees, contractors, servants or failure in the supply of utilities to the Premisesagents. (M) Tenant shall pay prior to delinquency all taxes, both real and personal, assessed against or levied upon the leasehold and upon its fixture, furnishings, equipment, leasehold improvements, and all other personal property of any kind owned by or used in connection with the Premises by Tenant. (N) Tenant shall provide for its own pest control services.

Appears in 1 contract

Samples: Sublease (Microsoft Corp)

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Maintenance and Services. (A) Tenant The LESSOR, at its own expense, shall provide maintenance services at the level associated with facilities in a long-term reserve state. These services are limited to the minimum maintenance measures necessary to preserve the exterior superstructure of all buildings in their present condition, as noted in Exhibit “F.” Additionally, the LESSOR, at its own expense, shall maintain, repair and replace as necessary all common means of ingress or egress within the installation. The LESSEE, at its own expense, shall maintain, and repair the Leased Premises, that the same will at all times be kept in at least as good condition as when received hereunder, subject however, to ordinary wear and tear and loss or damage for which LESSEE is not liable hereunder. At all times LESSEE shall maintain insurance coverage as provided in Sections 12, 13, and Exhibit “G” of this Lease. LESSEE shall keep said Premises free of all trash and rubbish and maintain the Premises same in a clean, neat, orderly and sanitary condition. LESSOR shall be responsible for all “preventative” maintenance as described in the Basic Maintenance Description in Exhibit “E” attached hereto and made a part hereof. Additionally, every three (3) years commencing in 2009, on the eve of December 24 to the first business day of the New Year, the LESSOR will conduct required shutdown maintenance on the electrical switchgear and all major power distribution panels as well as maintenance on the facility heating and air-conditioning services. As a result, these services will not be available. LESSEE is responsible to make any required power/HVAC provisions to meet their individual operational requirements. LESSEE must coordinate with the LESSOR before any temporary services are tied into facility services. LESSEE will provide pest control service on a periodic basis. LESSOR will provide applicable life safety code requirements and maintenance including emergency lighting, illuminated exit signs at proper locations, panic hardware, and installation and maintenance of exterior entrances, all glass and all glass and show window moldings) and all partitions, doors, fixtures, equipment and appurtenances thereof fire extinguisher (including lighting, heating plumbing, and plumbing fixtures, electrical equipment and any air conditioning system) in good order, condition, and repair (including reasonable periodic painting as determined by Landlordcommon areas), damage subject to notification by unavoidable casually exceptedLESSEE if any of these items are out of compliance. LESSEE shall immediately give LESSOR oral or written notice of any defects or need for repairs, except for structural portions of the Premises, after which LESSOR shall be maintained by Landlord, but if Landlord is required have a reasonable opportunity to make repairs to structural portions by reason of Tenant's negligent act repair or omission to act, Landlord may add the cost of such repairs to the rent as Additional Rent, which shall thereafter become duecure defects. It is understood The parties acknowledge that the maintenance conditions of all utility lines and appurtenances from the Premises at the points at which such utility lines and appurtenances serving only the Premises connect into main utility lines serving portions commencement of the Building other than Lease is set forth in Exhibit “F” attached hereto and made a part hereof. LESSEE acknowledges that the Leased Premises are not have been used by the DOE and its contractor in its production of nuclear components, and accordingly has required super adequate ventilation, lighting and monitoring equipment. DOE has retained the responsibility for bringing its Leased Premises, which include the purposes hereofLeased Premises hereunder, part up to federal and state environmental standards. Some of the structural portions processes, materials, and substances to be used by LESSEE were also used by DOE on the site of the BuildingLeased Premises. Tenant shall keep By assuming this Lease, LESSEE is assuming the interior responsibility for remediation, if required, of those same materials and exterior substances within the Leased Premises, during or upon the conclusion of all doors and show windows clean and neatthis Lease. In addition, LESSEE shall remain solely responsible for bringing the event Tenant fails Leased Premises up to do soand maintaining them at appropriate legal and environmental standards in all other respects, Landlord may clean said doors and show windows and charge Tenant for except as stated hereinafter, based on the cost thereof as Additional Rent. (B) Tenant shall keep in force throughout the term of this Lease Agreement, a maintenance contract written by an air conditioning maintenance company approved by Landlord. Air conditioning equipment shall be maintained in such a manner that any water emitted from said equipment shall not be permitted to run onto the roof is” condition of the Building or onto the public areas adjacent to the Building. (C) Any structure supporting or enclosing any equipment serving the Leased Premises shall be maintained assumed by Tenant. (D) Tenant shall maintain the Premises LESSEE and appurtenances thereto in such condition to prevent damages, actual or consequential, to adjoining buildings and tenants. Tenant shall be responsible for, and shall indemnity and hold harmless the Landlord for any and all costs and expenses resulting from such damage, actual or consequential, resulting from Tenant's failure to properly maintain the Premises and appurtenances thereto. (E) If Tenant fails, refuses or neglects to repair properly, the Premises or appurtenances thereto, as required hereunder and to the reasonable satisfaction of Landlord as soon as reasonably possible after written demand, Landlord may make such repairs without liability to Tenant for any loss, or damage that may occur to Tenant's merchandise, fixtures, or other property or to Tenant's business by reason thereof, and upon completion thereof, Tenant shall pay Landlord's costs for making such repairs plus twenty (20%) percent for overhead, upon presentation of xxxx therefor, as Additional Rent. Said xxxx shall include interest at eighteen (18%) percent based on said cost from the date of completion of repairs by Landlord. In the event that Landlord shall undertake any maintenance or repair in the course of which it shall be determined that such maintenance or repair work was made necessary by the negligence or willful act of Tenant or any of its employees or agents or that the maintenance or repair is, under the terms of this Lease Agreement, the responsibility of the Tenant, Tenant shall pay Landlord's costs plus overhead and interest as above provided. (F) All garbage and refuse shall be kept in the kind of container specified by Landlord, and shall be placed outside of the Premises and prepared for collection in the manner and at the times and place specified by Landlord. Tenant shall pay the cost of removal of any of Tenant's refuse or rubbish. If Landlord shall provide or designate a service for picking up refuse and garbage, Tenant shall use same at Tenant's cost. Failure of Tenant to pay for waste removal when due shall be deemed a breach of this Lease Agreement. (G) No radio or television or other similar device shall be installed without first obtaining in each instance the Landlord's consent in writing. No aerial shall be erected on the roof or exterior walls of the Building, or on the Property, without the written consent of the Landlord. Any aerial so installed without such written consent shall be subject to removal without notice at any time. (H) No loud speakers, televisions, audio equipment, radios or other devices shall be used in a manner so as to be heard or seen outside of the Premises without the prior written consent of the Landlord. (I) The outside areas immediately adjoining the Premises shall be kept clean and free from dirt and rubbish by the Tenant to the satisfaction of the Landlord and Tenant shall not place or permit any obstruction or merchandise in such areas. (J) The plumbing facilities shall not be used for any other purpose than that for which they are constructed, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage, or damage resulting from a violation of this provision shall be borne by Tenant, who shall, or whose employees, agents or invitees shall have caused it. (K) Tenant shall keep the Premises free from nuisances, noises or odors objectionable to the public, to other tenants or to the Landlord. (L) Tenant shall pay the cost of water, gas, electricity, fuel, light, heat, power, and all other utilities furnished to the Premises or used by Tenant in connection therewith, whether such utility costs are determined by separate metering or are billed by Landlord to Tenant as Additional Rent. Tenant shall not install any equipment nor shall Tenant use the Premises in a manner that will exceed or overload the capacity of any utility facilities. If Tenant's LESSEE’s use of the Premises shall require additional facilities, the same shall be installed only after obtaining Landlord's prior written approval, which may be withheld in Landlord's absolute discretion, and shall be installed at Tenant's expense in accordance with the plans and specifications approved in writing by LandlordPremises. If Tenant's use and occupancy of the Premises results in an increase to Landlord LESSEE does not assume responsibility for remediation of any utilities expense radioactive materials or results in connection any materials or tapin fees, changes substances of a nature or quantity for increased usage or capacity, or assessments of any kind whatsoever, Tenant shall pay the entire amount thereof within ten (10) days of Landlord's written demand. In no event shall Landlord which DOE would be liable for any interruption or failure in the supply of utilities to the Premisesresponsible under 42 U.S.C. §9620(h). (M) Tenant shall pay prior to delinquency all taxes, both real and personal, assessed against or levied upon the leasehold and upon its fixture, furnishings, equipment, leasehold improvements, and all other personal property of any kind owned by or used in connection with the Premises by Tenant. (N) Tenant shall provide for its own pest control services.

Appears in 1 contract

Samples: Lease Agreement

Maintenance and Services. (A) Tenant The Landlord shall at all times keep maintain the Premises (including maintenance of exterior entrances, all glass and all glass and show window moldings) and all partitions, doors, fixturesdwelling unit, equipment and appurtenances thereof (including lighting, heating plumbingappliances, and plumbing fixturescommon areas and facilities, electrical equipment to provide decent, safe and any air conditioning system) sanitary housing in good orderaccordance with the HUD Housing Quality Standards for the Section 8 Program, conditionincluding the pro­vision of all the services, maintenance and repair (including reasonable periodic painting as determined by Landlord), damage by unavoidable casually excepted, except utilities set forth in the Lease. Landlord agrees to and shall maintain and be responsible for structural portions of the Premises, which shall be maintained by Landlord, but if Landlord is required to make repairs to structural portions by reason of Tenant's negligent act or omission to act, Landlord may add the cost of such all repairs to the rent as Additional Rentappliances provided by the Land­lord, which shall thereafter become due. It is understood heating and air conditioning unit, plumbing and electrical systems located on the leased premises; pro­vided, however, that any injury or damage inflicted to or on any appliance, heating and air conditioning unit, plumbing or electrical system by the maintenance of all utility lines and appurtenances from the Premises at the points at which such utility lines and appurtenances serving only the Premises connect into main utility lines serving portions willful or negligent act of the Building other than Tenant or his guests shall be the Premises are not for the purposes hereof, part responsi­bility of the structural portions Tenant, who shall immediately notify the Landlord of such damage or injury and reimburse the Land­lord for necessary repairs on or before the date of the Buildingnext accruing rental payment following completion thereof. Tenant agrees to and shall maintain the remaining parts of the leased premises, including the mail box, walls, floors and carpeting, and such other fixtures as may be therein in a clean and sanitary manner. Tenant shall keep not be responsible for normal wear and tear on the interior premises. If damage of the dwelling unit, other than normal wear and exterior tear, is caused by acts of or neglect by Tenant or others occupying the premises with Tenant's permission, Tenant, upon prior agreement with Landlord, may repair such damage at Tenant's own expense. If the Landlord has to make repairs, Tenant shall be liable to Landlord for any reasonable expense thereby incurred by Landlord. Extermination services and repainting shall be provided by the Landlord as conditions may require. The Tenant shall consistently maintain utility service to the dwelling unit for Tenant-purchased utilities. The Landlord shall provide maintenance and services as follows: The Landlord shall maintain the dwelling unit and all doors equipment provided therewith, as well as common areas facilities and show windows clean equipment provided for the use and neatbenefit of the Tenant in compliance with the Housing Quality Standards on the basis of which this Lease was approved by the PHA, and the Landlord shall respond in a reason­able time to calls by the Tenant for services consistent with said obligation. Where applicable (as in case of Multi-unit buildings), such maintenance with the respect to common areas, facilities and equipment shall include cleaning, maintenance of lighting and equipment; and maintenance of grounds, lawns and shrubs. The PHA shall be free to inspect the premises covered by the Lease periodically to assure that the physical condi­tion thereof continues to meet PHA standards of decent, safe and sanitary housing and to determine whether the services required to be provided hereunder are being pro­vided to the premises. In the event Tenant fails the PHA reasonably determines that either (i) the physical condition of the premises does not meet PHA standards for decent, safe and sanitary housing, or (ii) one or more of the services specified herein are not being provided to the premises, or (iii) that the Landlord is in breach of any of the conditions of this Lease, the PHA may give written notice to the Landlord to correct the deficiencies within 30 days or less. Upon the Landlord's failure to do so, the PHA shall have the right, in addition to its other rights and remedies under the Contract, to hold, terminate or reduce housing assistance payments or to terminate the Contract. Landlord may clean said doors shall furnish to Tenant two (2) sets of keys to the premises consisting of two (2) apartment keys and show windows and charge Tenant for the cost thereof as Additional Rent. two (B2) mail box keys. Tenant shall keep in force throughout return to Landlord at the term termination of this Lease Agreement, a maintenance contract written by an air conditioning maintenance company approved by Landlord. Air conditioning equipment the keys so given to Tenant or shall be maintained in such charged a manner that any water emitted from said equipment shall not be permitted to run onto the roof of the Building or onto the public areas adjacent to the Building. (C) Any structure supporting or enclosing any equipment serving the Premises shall be maintained by Tenant. (D) Tenant shall maintain the Premises and appurtenances thereto in such condition to prevent damages, actual or consequential, to adjoining buildings and tenants. Tenant shall be responsible for, and shall indemnity and hold harmless the Landlord $5.00 per key service charge for any and all costs and expenses resulting from such damage, actual or consequential, resulting from Tenant's failure to properly maintain the Premises and appurtenances theretokeys not returned. (E) If Tenant fails, refuses or neglects to repair properly, the Premises or appurtenances thereto, as required hereunder and to the reasonable satisfaction of Landlord as soon as reasonably possible after written demand, Landlord may make such repairs without liability to Tenant for any loss, or damage that may occur to Tenant's merchandise, fixtures, or other property or to Tenant's business by reason thereof, and upon completion thereof, Tenant shall pay Landlord's costs for making such repairs plus twenty (20%) percent for overhead, upon presentation of xxxx therefor, as Additional Rent. Said xxxx shall include interest at eighteen (18%) percent on said cost from the date of completion of repairs by Landlord. In the event that Landlord shall undertake any maintenance or repair in the course of which it shall be determined that such maintenance or repair work was made necessary by the negligence or willful act of Tenant or any of its employees or agents or that the maintenance or repair is, under the terms of this Lease Agreement, the responsibility of the Tenant, Tenant shall pay Landlord's costs plus overhead and interest as above provided. (F) All garbage and refuse shall be kept in the kind of container specified by Landlord, and shall be placed outside of the Premises and prepared for collection in the manner and at the times and place specified by Landlord. Tenant shall pay the cost of removal of any of Tenant's refuse or rubbish. If Landlord shall provide or designate a service for picking up refuse and garbage, Tenant shall use same at Tenant's cost. Failure of Tenant to pay for waste removal when due shall be deemed a breach of this Lease Agreement. (G) No radio or television or other similar device shall be installed without first obtaining in each instance the Landlord's consent in writing. No aerial shall be erected on the roof or exterior walls of the Building, or on the Property, without the written consent of the Landlord. Any aerial so installed without such written consent shall be subject to removal without notice at any time. (H) No loud speakers, televisions, audio equipment, radios or other devices shall be used in a manner so as to be heard or seen outside of the Premises without the prior written consent of the Landlord. (I) The outside areas immediately adjoining the Premises shall be kept clean and free from dirt and rubbish by the Tenant to the satisfaction of the Landlord and Tenant shall not place or permit any obstruction or merchandise in such areas. (J) The plumbing facilities shall not be used for any other purpose than that for which they are constructed, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage, or damage resulting from a violation of this provision shall be borne by Tenant, who shall, or whose employees, agents or invitees shall have caused it. (K) Tenant shall keep the Premises free from nuisances, noises or odors objectionable to the public, to other tenants or to the Landlord. (L) Tenant shall pay the cost of water, gas, electricity, fuel, light, heat, power, and all other utilities furnished to the Premises or used by Tenant in connection therewith, whether such utility costs are determined by separate metering or are billed by Landlord to Tenant as Additional Rent. Tenant shall not install any equipment nor shall Tenant use the Premises in a manner that will exceed or overload the capacity of any utility facilities. If Tenant's use of the Premises shall require additional facilities, the same shall be installed only after obtaining Landlord's prior written approval, which may be withheld in Landlord's absolute discretion, and shall be installed at Tenant's expense in accordance with the plans and specifications approved in writing by Landlord. If Tenant's use and occupancy of the Premises results in an increase to Landlord of any utilities expense or results in connection or tapin fees, changes for increased usage or capacity, or assessments of any kind whatsoever, Tenant shall pay the entire amount thereof within ten (10) days of Landlord's written demand. In no event shall Landlord be liable for any interruption or failure in the supply of utilities to the Premises. (M) Tenant shall pay prior to delinquency all taxes, both real and personal, assessed against or levied upon the leasehold and upon its fixture, furnishings, equipment, leasehold improvements, and all other personal property of any kind owned by or used in connection with the Premises by Tenant. (N) Tenant shall provide for its own pest control services.

Appears in 1 contract

Samples: Lease Agreement

Maintenance and Services. (A) Tenant LESSOR at its own expense, shall provide maintenance services at the level associated with facilities in a long-term reserve state. These services are limited to the minimum maintenance measures necessary to preserve the exterior superstructure of all buildings in' their present condition, as noted in Exhibit "F." Additionally, LESSOR, at its own expense shall maintain, repair and replace as necessary all common areas and common means of ingress or egress within the installation and shall repair or replace the HVAC system, if needed. LESSEE at its own expense shall maintain, and repair the Premises, that the same will at all times keep the Premises (including maintenance of exterior entrances, all glass and all glass and show window moldings) and all partitions, doors, fixtures, equipment and appurtenances thereof (including lighting, heating plumbing, and plumbing fixtures, electrical equipment and any air conditioning system) in good order, condition, and repair (including reasonable periodic painting as determined by Landlord), damage by unavoidable casually excepted, except for structural portions of the Premises, which shall be maintained by Landlord, but if Landlord is required to make repairs to structural portions by reason of Tenant's negligent act or omission to act, Landlord may add the cost of such repairs to the rent as Additional Rent, which shall thereafter become due. It is understood that the maintenance of all utility lines and appurtenances from the Premises at the points at which such utility lines and appurtenances serving only the Premises connect into main utility lines serving portions of the Building other than the Premises are not for the purposes hereof, part of the structural portions of the Building. Tenant shall keep the interior and exterior of all doors and show windows clean and neat. In the event Tenant fails to do so, Landlord may clean said doors and show windows and charge Tenant for the cost thereof as Additional Rent. (B) Tenant shall keep in force throughout the term of this Lease Agreement, a maintenance contract written by an air conditioning maintenance company approved by Landlord. Air conditioning equipment shall be maintained in such a manner that any water emitted from said equipment shall not be permitted to run onto the roof of the Building or onto the public areas adjacent to the Building. (C) Any structure supporting or enclosing any equipment serving the Premises shall be maintained by Tenant. (D) Tenant shall maintain the Premises and appurtenances thereto in such condition to prevent damages, actual or consequential, to adjoining buildings and tenants. Tenant shall be responsible for, and shall indemnity and hold harmless the Landlord for any and all costs and expenses resulting from such damage, actual or consequential, resulting from Tenant's failure to properly maintain the Premises and appurtenances thereto. (E) If Tenant fails, refuses or neglects to repair properly, the Premises or appurtenances thereto, as required hereunder and to the reasonable satisfaction of Landlord as soon as reasonably possible after written demand, Landlord may make such repairs without liability to Tenant for any loss, or damage that may occur to Tenant's merchandise, fixtures, or other property or to Tenant's business by reason thereof, and upon completion thereof, Tenant shall pay Landlord's costs for making such repairs plus twenty (20%) percent for overhead, upon presentation of xxxx therefor, as Additional Rent. Said xxxx shall include interest at eighteen (18%) percent on said cost from the date of completion of repairs by Landlord. In the event that Landlord shall undertake any maintenance or repair in the course of which it shall be determined that such maintenance or repair work was made necessary by the negligence or willful act of Tenant or any of its employees or agents or that the maintenance or repair is, under the terms of this Lease Agreement, the responsibility of the Tenant, Tenant shall pay Landlord's costs plus overhead and interest as above provided. (F) All garbage and refuse shall be kept in the kind of container specified by Landlordat feast as good condition as when received hereunder, subject, however, to ordinary wear and tear and loss or damage for which LESSEE is not liable hereunder. At all times LESSEE shall maintain insurance coverage as provided in Sections 12, 13, and shall be placed outside of the Premises and prepared for collection in the manner and at the times and place specified by Landlord. Tenant shall pay the cost of removal of any of Tenant's refuse or rubbish. If Landlord shall provide or designate a service for picking up refuse and garbage, Tenant shall use same at Tenant's cost. Failure of Tenant to pay for waste removal when due shall be deemed a breach Exhibit "G" of this Lease Agreement. (G) No radio or television or other similar device shall be installed without first obtaining in each instance the Landlord's consent in writingLease. No aerial shall be erected on the roof or exterior walls of the Building, or on the Property, without the written consent of the Landlord. Any aerial so installed without such written consent shall be subject to removal without notice at any time. (H) No loud speakers, televisions, audio equipment, radios or other devices shall be used in a manner so as to be heard or seen outside of the Premises without the prior written consent of the Landlord. (I) The outside areas immediately adjoining the Premises shall be kept clean and free from dirt and rubbish by the Tenant to the satisfaction of the Landlord and Tenant shall not place or permit any obstruction or merchandise in such areas. (J) The plumbing facilities shall not be used for any other purpose than that for which they are constructed, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage, or damage resulting from a violation of this provision shall be borne by Tenant, who shall, or whose employees, agents or invitees shall have caused it. (K) Tenant LESSEE shall keep the Premises free from nuisancesof all trash and rubbish and maintain the same in a clean, noises or odors objectionable to neat, orderly and sanitary condition. LESSOR shall be responsible for all "preventive", maintenance as described in the publicBasic Maintenance Description in Exhibit "E" attached hereto and made a part hereof. LESSEE will provide pest control service for the Premises on a periodic basis. LESSOR will provide applicable life safety code requirements and maintenance including emergency lighting, to other tenants or to the Landlord. (L) Tenant shall pay the cost of waterilluminated exit signs at proper locations, gas, electricity, fuel, light, heat, powerpanic hardware, and all other utilities furnished installation and maintenance of fire extinguishers, subject to the Premises notification by LESSEE if any of these items are out of compliance. LESSEE shall immediately give LESSOR oral or used by Tenant in connection therewith, whether such utility costs are determined by separate metering or are billed by Landlord to Tenant as Additional Rent. Tenant shall not install any equipment nor shall Tenant use the Premises in a manner that will exceed or overload the capacity written notice of any utility facilitiesdefects or need for repairs, after which LESSOR shall have a reasonable opportunity to repair or cure defect. If Tenant's use The parties acknowledge that the condition of the Premises shall require additional facilitiesat the commencement of the Lease is set forth in Exhibit "F" attached hereto and made a part hereof. LESSEE acknowledges that the Premises have been used by the DOE and its contractor in its production of nuclear components, and accordingly has required super adequate ventilation, lighting and monitoring equipment. DOE has retained the same responsibility for bringing its leased premises, which include the Premises hereunder, up to federal and state environmental standards. Some of the processes, materials, and substances to be used by LESSEE were also used by DOE on the site of the Premises. LESSOR or DOE shall be installed only after obtaining Landlordresponsible for all remediation required and for bringing the Premises into compliance with all environmental standards, for all conditions which existed prior to LESSEE's prior written approval, which may be withheld in Landlord's absolute discretion, and shall be installed at Tenant's expense in accordance with the plans and specifications approved in writing by Landlord. If Tenant's use and occupancy of the Premises results in an increase to Landlord of any utilities expense or results in connection or tapin fees, changes for increased usage or capacity, or assessments of any kind whatsoever, Tenant shall pay the entire amount thereof within ten (10) days of Landlord's written demand. In no event shall Landlord be liable for any interruption or failure in the supply of utilities to the Premises. (M) Tenant shall pay prior to delinquency all taxes, both real and personal, assessed against or levied upon the leasehold and upon its fixture, furnishings, equipment, leasehold improvements, and all other personal property of any kind owned by or used in connection with the Premises by Tenant. (N) Tenant shall provide for its own pest control services.

Appears in 1 contract

Samples: Lease Agreement (Liquidmetal Technologies)

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