Maintenance by Landlord. (a) The Landlord covenants to keep the following in good repair as a prudent owner: (i) the structure of the Building including exterior walls and roofs; (ii) the mechanical, electrical and other base building systems; and (iii) the entrance, lobbies, plazas, stairways, corridors, parking areas and other facilities from time to time provided for use in common by the Tenant and other tenants of the Building. If such maintenance or repairs or alterations are required by law or in the prudent management of the Building or any other improvements on the Lands due to the business carried on by the Tenant, then the full cost of such maintenance and repairs plus a sum equal to 15% of such cost representing the Landlord's overhead, shall be paid by the Tenant to the Landlord. (b) The Landlord shall not be responsible for any damages caused to the Tenant by reason of failure of any equipment or facilities serving the Building or delays in the performance of any work for which the Landlord is responsible under this Lease. The Landlord shall have the right to stop, interrupt or reduce any services, systems or utilities provided to, or serving the Building or Premises to perform repairs, alterations or maintenance or to comply with laws or regulations, or requirements of its insurers, or for causes beyond the Landlord's reasonable control or as a result of the Landlord exercising its rights under Section 3.02. The Landlord shall not be in breach of its covenant for quiet enjoyment or liable for any loss, costs or damages, whether direct or indirect, incurred by the Tenant due to any of the foregoing, but the Landlord shall make reasonable efforts to restore the services, utilities or systems so stopped, interrupted or reduced. (c) If the Tenant fails to carry out any maintenance, repairs or work required to be carried out by it under this Lease to the reasonable satisfaction of the Landlord, the Landlord may at its option carry out such maintenance or repairs without any liability for any resulting damage to the Tenant's property or business. The cost of such work, plus a sum equal to 15% of such cost representing the Landlord's overhead, shall be paid by the Tenant to the Landlord.
Appears in 3 contracts
Samples: Lease Agreement (Braintech Inc/Bc), Lease Agreement (Sideware Systems Inc), Office Lease (Phon Net Com Inc)
Maintenance by Landlord. (a) The Landlord covenants shall maintain, repair and replace (when necessary) the structural supports, interior demising walls, exterior walls, floor slab, and roof of the Premises to keep them in good, safe, and clean condition. However, if the following in good repair as need for maintenance, repair, or replacement is connected with the negligence of Tenant, its employees, agents, contractors; or with Tenant's failure to perform anything it is required to perform under this Lease; or taking any action it is not permitted to take under this Lease (whether or not the failure or the action has continued long enough to constitute a prudent owner: (i) default); or with vandalism, malicious mischief, or actual or attempted robbery, burglary, or safe burglary, against which Tenant is required to insure, Landlord either may require Tenant to pay the structure cost of the Building including exterior walls and roofs; (ii) maintenance, repair, or replacement, or may require Tenant to do the mechanical, electrical and other base building systems; and (iii) maintenance or make the entrance, lobbies, plazas, stairways, corridors, parking areas and other facilities from time to time provided for use in common by the Tenant and other tenants of the Buildingrepair or replacement. If such Landlord notifies Tenant that Tenant must perform the maintenance or repairs make the repair or alterations are required by law replacement, Tenant shall submit its plans or procedures for the maintenance, repair, or replacement to Landlord for its approval within 5 days after Landlord's notice and shall perform the maintenance or make the repair or replacement as soon as reasonably practicable after Landlord approves Tenant's plans or procedures. Landlord is not obligated to do any other maintenance or to make any other repairs, replacements or improvements to the Premises or to any equipment or fixtures in the prudent management of the Building or any other improvements on the Lands due to the business carried on by the Tenant, then the full cost of such maintenance and repairs plus a sum equal to 15% of such cost representing the Landlord's overhead, shall be paid by the Tenant to the LandlordPremises.
(b) The Landlord shall not be responsible for any damages caused If Tenant refuses or neglects to the Tenant by reason of failure of any equipment or facilities serving the Building or delays in the performance of any work for which the Landlord is responsible under this Lease. The Landlord shall have the right to stop, interrupt or reduce any services, systems or utilities provided to, or serving the Building or Premises to perform repairs, alterations or maintenance or to comply with laws or regulations, or requirements of its insurers, or for causes beyond the Landlord's reasonable control or repair as a result of the Landlord exercising its rights under Section 3.02. The Landlord shall not be in breach of its covenant for quiet enjoyment or liable for any loss, costs or damages, whether direct or indirect, incurred by the Tenant due to any of the foregoing, but the Landlord shall make reasonable efforts to restore the services, utilities or systems so stopped, interrupted or reduced.
(c) If the Tenant fails to carry out any maintenance, repairs or work required to be carried out by it under this Lease hereunder to the reasonable satisfaction of the Landlord, the Landlord may at its option carry out make such maintenance or repairs without any liability to Tenant for any resulting loss or damage that may accrue to the Tenant's merchandise, fixtures, or other property or businessto Tenant's business by reason thereof. The cost Upon completion thereof, Tenant shall reimburse Landlord's costs for making such repairs plus twenty percent (20%) of such workcosts for overhead and supervision, plus upon presentation of a sum equal to 15% of such cost representing the Landlord's overheadxxxx therefor, shall be paid by the Tenant to the Landlord.as additional rent. ARTICLE 10
Appears in 2 contracts
Samples: Shopping Center Lease (Carrollton Bancorp), Shopping Center Lease (Carrollton Bancorp)
Maintenance by Landlord. (a) The 11.1.1 Subject to Article 14, the Landlord covenants shall at all times throughout the Term, but subject to keep the following in good repair as a prudent owner: (i) provisions of this Article, effect, at its cost, all structural repairs and structural replacements to the structure Building. Throughout the Term, the Landlord shall, subject to Unavoidable Delay, and subject to the obligations of the Building including exterior walls Tenant to repair pursuant to this Lease and roofs; (ii) the mechanical, electrical and other base building systems; and (iii) the entrance, lobbies, plazas, stairways, corridors, parking areas and other facilities from time to time provided for use in common by the Tenant and of other tenants of the Building. Building to repair pursuant to their respective leases and the provisions of this Article, see that the Building including, but not limited to, the drains, plumbing, heating, air-conditioning, washrooms, elevators, duets, telephone closets, janitors closets, stairways, lighting of public areas, electrical and security systems, if any, shall be in good and substantial state of repair and in good working order (subject to normal wear and tear).
11.1.2 If such maintenance or any repairs or any alterations to the Development or Building Systems are required requited by law or in the prudent management of the Building or any other improvements on the Lands Applicable Laws solely due to the business carried on by the Tenant, then the full cost of such maintenance and repairs plus a sum equal to 15% of such cost representing the Landlord's overhead, or alterations shall be paid by the Tenant Tenant, forthwith upon demand, to the Landlord. In carrying out repairs, maintenance or replacements, the Landlord need not use the same material or equipment used originally.
(b) The Landlord shall not be responsible for any damages caused to the Tenant by reason of failure of any equipment or facilities serving the Building or delays in the performance of any work for which the Landlord is responsible under this Lease. The Landlord shall have the right to stop, interrupt or reduce any services, systems or utilities provided to, or serving the Building or Premises to perform repairs, alterations or maintenance or to comply with laws or regulations, or requirements of its insurers, or for causes beyond the Landlord's reasonable control or as a result of the Landlord exercising its rights under Section 3.02. The Landlord shall not be in breach of its covenant for quiet enjoyment or liable for any loss, costs or damages, whether direct or indirect, incurred by the Tenant due to any of the foregoing, but the Landlord shall make reasonable efforts to restore the services, utilities or systems so stopped, interrupted or reduced.
(c) 11.1.3 If the Tenant fails to carry out any maintenance, repairs or work required to be carried out by it under this Lease to the reasonable satisfaction of the Landlord, the Landlord may at its option upon giving the Tenant reasonable notice (provided that such notice period shall not exceed live (5) days and that no notice shall be required in the event of an emergency) carry out such maintenance maintenance, repairs or repairs work without any liability for any resulting damage to the Tenant's ’s property or business, except for those resulting from the Landlord’s fault or negligence. The cost of costs incurred by the Landlord to carry out any such workmaintenance, plus a sum equal to 15% of such cost representing the Landlord's overhead, repairs or work shall be paid payable by the Tenant to the LandlordLandlord on demand, together with an administrative fee equal to fifteen percent (15%) of such costs, as Additional Rent.
Appears in 2 contracts
Samples: Sub Sublease Agreement, Sub Sublease Agreement (Clementia Pharmaceuticals Inc.)
Maintenance by Landlord. During the Lease Term, Landlord shall, except as otherwise provided in this Lease, make all necessary repairs, replacements and maintenance to the roof, exterior walls (a) excluding painting), foundation, concrete floor, structural frame and structural systems of the Building (collectively, the “Structural Elements”), and the parking and landscaped areas. The cost of such repairs, replacements and maintenance shall be included in Operating Expenses to the extent provided in Section 5; provided however, to the extent any such repairs, replacements or maintenance are required because of the negligence, misuse or default of Tenant, its employees, agents, contractors, customers or invitees, Landlord covenants shall make such repairs at Tenant’s sole expense. Except as expressly provided in this Section 9(a), Landlord shall have no other maintenance or repair responsibilities for the Leased Premises or the Building. Notwithstanding the foregoing and anything herein to keep the following contrary, in good repair as a prudent ownerno event shall Landlord be responsible for making any repairs or replacements which are occasioned by: (i) the structure any negligence, intentional act, or willful misconduct of the Building including exterior walls and roofsTenant or its employees, contractors, or agents; (ii) the mechanicalTenant’s failure to observe or perform any term, electrical and other base building systemscondition, or covenant of this Lease to be observed or performed by Tenant; and (iii) installation or maintenance by Tenant of any exterior signs, satellite dishes, antennae, communications facilities, or equipment, lines, or cable; (iv) installation or maintenance by Tenant of any trade fixtures, equipment, or other personal property; (v) Tenant making any alterations or improvements to the entrance, lobbies, plazas, stairways, corridors, parking areas Leased Premises; all of which repairs and other facilities from time to time provided for use in common replacements shall be made promptly by the Tenant at its cost and other tenants expense; or (vi) overloading of the Building. If such maintenance or repairs or alterations are required by law or in the prudent management floor of the Building or any other improvements on beyond its structurally rated capacity. The specification of the Lands due to the business carried on by the Tenant, then the full cost of such maintenance and repairs plus a sum equal to 15% of such cost representing the Landlord's overhead, shall be paid by the Tenant to the Landlord.
(b) The Landlord shall not be responsible floor slab for any damages caused to the Tenant by reason of failure of any equipment or facilities serving the Building is 400 pounds per square foot live load. In the event any repairs or delays in the performance of any work for which the Landlord is responsible under this Lease. The Landlord shall have the right to stop, interrupt or reduce any services, systems or utilities provided to, or serving the Building or Premises to perform repairs, alterations or maintenance or to comply with laws or regulations, or requirements of its insurers, or for causes beyond the Landlord's reasonable control or replacements are necessary as a result of the Landlord exercising its rights under Section 3.02. The Landlord shall not be in breach of its covenant for quiet enjoyment or liable for any loss, costs or damages, whether direct or indirect, incurred by the Tenant due to any of the foregoing, but the Landlord shall make reasonable efforts to restore the services, utilities or systems so stopped, interrupted or reduced.
(c) If the Tenant fails to carry out any maintenance, repairs or work required to be carried out by it under this Lease to the reasonable satisfaction of the Landlord, the Landlord may elect to complete such repairs at its option carry out such maintenance or repairs without any liability for any resulting damage to the Tenant's property or business. The ’s sole cost of such work, plus a sum equal to 15% of such cost representing the Landlord's overhead, shall be paid by the Tenant to the Landlordand expense.
Appears in 1 contract
Samples: Lease (Aqua Power Systems Inc.)
Maintenance by Landlord. (a) The Landlord covenants to keep the following in good repair repair, ORDER AND CONDITION as a prudent owner: owner IN ACCORDANCE WITH FIRST CLASS OFFICE BUILDING STANDARDS:
(i) the structure of the Building xxxxxxxxxx DEVELOPMENT including exterior walls walls, WINDOWS and roofs; ;
(ii) the mechanical, electrical and other base building systems; systems xxx and WASHROOMS: AND
(iii) the entrance, lobbies, plazas, stairways, corridors, parking areas and other facilities from time to time provided for use in common by the Tenant and other tenants of the Buildingxxxxxxxxxx DEVELOPMENT. If such maintenance or repairs or alterations are required by law or in the prudent management of the Building or any other improvements on the Lands due to the business carried on by the TenantTenant (OTHER THAN THE USES PERMITTED UNDER SECTION 1.04), then the full cost of such maintenance and repairs plus a sum equal to 15xxxxx 10% of such cost representing the Landlord's overhead, shall be paid by the Tenant to the Landlord.
(b) The Landlord shall not be responsible for any damages caused to the Tenant by reason of failure of any equipment or facilities serving the Building Development or delays in the performance of any work for which the Landlord is responsible under this LeaseLease SAVE AND EXCEPT ONLY THE NEGLIGENCE OF THE LANDLORD. The Landlord shall have the right to stop, interrupt or reduce any services, systems or utilities provided to, or serving the Building Development or Premises to perform repairs, alterations or maintenance or to comply with laws or regulations, or binding requirements of its insurers, or for causes beyond the Landlord's reasonable control or as a result of the Landlord exercising its rights under Section 3.02. The Landlord shall not be in breach of its covenant for quiet enjoyment or liable for any loss, costs cost or damages, whether direct or indirect, incurred by the Tenant due to any of the foregoing, but the Landlord shall make reasonable BEST efforts to restore the services, utilities or systems so stopped, interrupted or reducedreduced AS EXPEDITIOUSLY AS POSSIBLE.
(c) If the Tenant fails to carry out any maintenance, repairs or work required to be carried out by it under this Lease to the reasonable satisfaction of the LandlordLandlord AND SUCH IS AN EVENT OF DEFAULT, the Landlord may at its option carry out such maintenance or repairs without any liability for any resulting damage to the Tenant's property or business. The cost of such work, plus a sum equal to 15xxxxx 10% of such cost representing the Landlord's overhead, shall be paid by the Tenant to the Landlord.
Appears in 1 contract
Maintenance by Landlord. (a) The Landlord covenants shall, at all times throughout the Term, but subject to keep the following in good repair Article XI maintain and repair, or cause to be maintained and repaired, as would a prudent owner: (i) owner of a reasonably similar building, the Common Areas and Facilities and structure of the Building including Building, including, without limitation, the foundations, exterior walls weather walls, floors, roof, bearing walls, and roofs; (ii) the mechanical, electrical structural columns and other base building systems; and (iii) the entrance, lobbies, plazas, stairways, corridors, parking areas and other facilities from time to time provided for use in common by the Tenant and other tenants beams of the Building. If such maintenance or repairs or alterations are required by law or in the prudent management of the Building or any other improvements on the Lands due to the business carried on by the Tenant, then the full The cost of such maintenance and repairs shall be paid by the Landlord, unless the Tenant is required to make such repairs by reason of the application of laws or ordinances or the direction, rules or regulations of any regulatory body, or, of any act, omission to act, neglect or default of the Tenant, or those for whom the Tenant is in law responsible, in which event the Tenant shall be liable and responsible for the total cost of any such repairs plus a sum equal to fifteen percent (15% of such cost %) thereof representing the Landlord's overhead, which shall be paid by the Tenant immediately become due and payable to the Landlord.
(b) . The Landlord Tenant shall not be liable and responsible for any damages caused to the Tenant by reason of failure cost of any equipment or facilities serving the Building or delays in the performance of any work for which repairs required to be made by the Landlord is responsible under this Lease. The Landlord shall have the right to stop, interrupt or reduce any services, systems or utilities provided to, or serving the Building or Premises to perform repairs, alterations or maintenance or to comply with laws or regulations, or requirements of its insurers, or for causes beyond the Landlord's reasonable control or as a and which result of the Landlord exercising its rights under Section 3.02. The Landlord shall not be in breach of its covenant for quiet enjoyment or liable for any loss, costs or damages, whether direct or indirect, incurred by the Tenant due to from any of the foregoing, but circumstances referred to in the Landlord shall make reasonable efforts to restore the services, utilities or systems so stopped, interrupted or reduced.
(c) immediately preceding sentence. If the Tenant fails refuses or neglects to carry out any maintenancerepairs properly as required pursuant to the Section 10.01 hereof, repairs or work required to be carried out by it under this Lease and to the reasonable satisfaction of the Landlord, the Landlord may at its option carry out such maintenance or repairs without any liability for any resulting damage may, but shall not be obliged to make such, and upon completion thereof, the Tenant shall pay to the TenantLandlord upon demand as Rent, both the Landlord's property or business. The cost of costs relating to any such work, repairs plus a sum equal to fifteen percent (15% of such cost %) thereof representing the Landlord's overhead, shall be paid . The Tenant agrees that the making of any repairs by the Tenant Landlord pursuant to the Landlordthis Section 10.03 is not a re-entry or a breach of any covenant for quiet enjoyment contained in this Lease.
Appears in 1 contract
Maintenance by Landlord. Landlord shall keep and maintain in clean and good tenantable condition and repair the roof, exterior walls, windows, pipes and conduits outside the Premises for the furnishing to the Premises of various utilities (a) The Landlord covenants except to keep the following in good repair as a prudent owner: (i) extent that the structure same are the obligation of the Building including exterior walls and roofsappropriate utility company or Tenant); (ii) the mechanicalprovided, electrical and other base building systems; and (iii) the entrancehowever, lobbies, plazas, stairways, corridors, parking areas and other facilities from time to time provided for use in common by the Tenant and other tenants of the Building. If such maintenance or repairs or alterations are required by law or in the prudent management of the Building or any other improvements on the Lands due to the business carried on by the Tenant, then the full cost of such maintenance and repairs plus a sum equal to 15% of such cost representing the Landlord's overhead, shall be paid by the Tenant to the Landlord.
(b) The that Landlord shall not be responsible for any damages caused required to the Tenant make repairs necessitated by reason of the negligence of Tenant or anyone claiming under Tenant or by reason of the failure of Tenant to perform or observe any equipment conditions or facilities serving agreements in this Lease contained, or caused by alterations, additions or improvements made by Tenant or anyone claiming under Tenant, and shall maintain in good condition and repair the Building or delays Common Areas as well as all other structural components of the building in which the performance Premises is located. Except as provided in Article 16 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any work for which injury to or interference with Tenant’s business arising from the Landlord is responsible under this Lease. The Landlord shall have the right to stop, interrupt or reduce making of any services, systems or utilities provided to, or serving the Building or Premises to perform repairs, alterations or maintenance improvements in or to comply with laws or regulations, or requirements of its insurers, or for causes beyond the Landlord's reasonable control or as a result any portion of the Landlord exercising its rights under Section 3.02Building, the Common Areas or the Premises or in or to fixtures, appurtenances and equipment therein. The Notwithstanding anything to the contrary contained in this Lease, Landlord shall not in any way be liable to Tenant for failure to make repairs as herein specifically required of it unless Tenant has previously notified Landlord, in breach of its covenant for quiet enjoyment or liable for any losswriting, costs or damages, whether direct or indirect, incurred by the Tenant due to any of the foregoingneed for such repairs and Landlord has failed to commence and complete said repairs within fifteen (15) days following receipt of the Tenant’s written notification, but or in the case of force majeure. It is understood and agreed that the Landlord shall be under no obligation to make reasonable efforts any repairs, alterations, renewals, replacements or improvements to restore and upon the services, utilities Premises or systems so stopped, interrupted or reducedthe mechanical equipment exclusively serving the Premises at any time except as expressly provided in this Lease.
(c) If the Tenant fails to carry out any maintenance, repairs or work required to be carried out by it under this Lease to the reasonable satisfaction of the Landlord, the Landlord may at its option carry out such maintenance or repairs without any liability for any resulting damage to the Tenant's property or business. The cost of such work, plus a sum equal to 15% of such cost representing the Landlord's overhead, shall be paid by the Tenant to the Landlord.
Appears in 1 contract
Maintenance by Landlord. (a) The Landlord covenants to keep the following in good repair as a prudent owner: ; (i) the structure of the Building including exterior walls and roofs; (ii) the mechanical, electrical and other base building systems; and (iii) the entrance, lobbies, plazas, stairways, corridors, parking areas and other facilities from time to time provided for use in common by the Tenant and other tenants Tenants of the Building. If such maintenance or repairs or alterations are required by law or in Subject to Sections 7.4 and 7.5 of this Lease, the prudent management of the Building or any other improvements on the Lands due to the business carried on by the Tenant, then the full cost of such maintenance and repairs plus a sum equal to 15% (other than the repair of such cost representing the Landlord's overhead, inherent structural defects) shall be paid by the Tenant to the Landlordincluded in Operating Costs.
(b) The Landlord shall not be responsible for any damages caused to the Tenant by reason of failure of any equipment or facilities serving the Building or delays in the performance of any work for which the Landlord is responsible under this Lease. The Landlord shall have the right to stop, interrupt or reduce any services, systems or utilities provided to, or serving serving, the Building or Premises to perform repairs, alterations or maintenance or to comply with laws or regulations, or binding requirements of its insurers, or for causes beyond the Landlord's reasonable control or as a result of the Landlord exercising its rights right under Section 3.0213.2 of this Lease. The Landlord shall not be in breach of its covenant for quiet enjoyment or liable for any loss, costs or damages, whether direct or indirect, incurred by the Tenant due to any of the foregoing, but the Landlord shall make reasonable efforts to restore the services, utilities or systems so stopped, interrupted or reduced. The Tenant acknowledges that the Landlord may require one year after the Tenant has fully occupied the Premises in order to adjust and balance the climate control systems and the Landlord shall not be responsible for any inconvenience, discomfort, damages, loss or claims whatsoever arising out of the process of such adjustment or balancing.
(c) If the Tenant fails to carry out any maintenance, repairs or work required to be carried out by it under this Lease and to the reasonable satisfaction of the Landlord, the Landlord may at its option carry out such maintenance or repairs without any liability for any resulting damage to the Tenant's property or business. The cost of such work, plus a sum equal to fifteen (15% %) percent of such cost representing the Landlord's overhead, shall be paid by the Tenant to the Landlord.
Appears in 1 contract
Samples: Lease Extension Agreement (Avesta Technologies Inc)
Maintenance by Landlord. (a) The Landlord covenants to agrees that, from and after the Commencement Date of this Lease and at all times during the Term, it will, as an Operating Expense, keep the following neat and clean, and maintain in good repair as order, condition and repair, the Leased Property and every part and portion thereof, in a prudent owner: tenantable and attractive condition, consistent with the terms hereof (i) whether or not the structure of the Building including exterior walls and roofs; (ii) the mechanical, electrical and other base building systems; and (iii) the entrance, lobbies, plazas, stairways, corridors, parking areas and other facilities from time to time provided need for use in common by the Tenant and other tenants of the Building. If such maintenance or repairs or alterations are required by law or in the prudent management of the Building or any other improvements on the Lands due to the business carried on by the Tenant, then the full cost of such maintenance and repairs plus occurs as a sum equal result of Tenant’s use, any prior use, the elements or the age of the Leased Property or any portion thereof), and Landlord shall with commercially reasonable promptness and diligence make all necessary and appropriate repairs and replacements thereto of every kind and nature, whether interior or exterior, ordinary or extraordinary, foreseen or unforeseen, including, but not limited to 15% of such cost representing the Landlord's overhead, all necessary capital expenditures. All repairs shall be paid by the Tenant made in a good, workmanlike manner, consistent with industry standards for hotels similar to the Landlord.
(b) The Hotel in like locales, in accordance with all Applicable Laws relating to any such work. Landlord further agrees that the Leased Property shall be kept in a clean, sanitary and safe condition, normal wear and tear excepted, in accordance with all Applicable Laws and in accordance with all directions, rules and regulations of all governmental authorities, including, without limitation, the health officers, fire xxxxxxxx, building inspector, business license department, and other proper officers of all such governmental authorities having jurisdiction over the Hotel and/or the Leased Property. Notwithstanding the foregoing, Landlord shall not be responsible liable to Tenant, and Tenant waives any claims against Landlord for and releases Landlord from any damages caused claim, damages, liability, legal action, loss, cost or expense (collectively, the “Claims”), including loss of revenue or goodwill, resulting from fire or other casualty, interruption of utilities or services, acts of governmental authorities or other events not resulting from the intentional and wrongful acts of Landlord, except to the Tenant extent covered by reason of failure of any equipment or facilities serving the Building or delays in the performance of any work for which the insurance carried by Landlord is responsible under this Lease. The Landlord shall have the right pursuant to stop, interrupt or reduce any services, systems or utilities provided to, or serving the Building or Premises to perform repairs, alterations or maintenance or to comply with laws or regulations, or requirements of its insurers, or for causes beyond the Landlord's reasonable control or as a result of the Landlord exercising its rights under Section 3.02. The Landlord shall not be in breach of its covenant for quiet enjoyment or liable for any loss, costs or damages, whether direct or indirect, incurred by the Tenant due to any of the foregoing, but the Landlord shall make reasonable efforts to restore the services, utilities or systems so stopped, interrupted or reducedArticle IX below.
(c) If the Tenant fails to carry out any maintenance, repairs or work required to be carried out by it under this Lease to the reasonable satisfaction of the Landlord, the Landlord may at its option carry out such maintenance or repairs without any liability for any resulting damage to the Tenant's property or business. The cost of such work, plus a sum equal to 15% of such cost representing the Landlord's overhead, shall be paid by the Tenant to the Landlord.
Appears in 1 contract
Samples: Asset Purchase Agreement (155 East Tropicana Finance Corp.)
Maintenance by Landlord. (a) The Landlord covenants Subject to keep the provisions of Paragraphs 12(a), 22 and 23, and further subject to Tenant's obligation under Paragraph 4 to reimburse Landlord, in the form of Additional Rent, for Tenant's Share of the cost and expense of the following in good items, Landlord agrees to repair as a prudent ownerand maintain the following items: the roof coverings (i) provided that Tenant installs no additional air conditioning or other equipment on the structure of roof that damages the Building including roof coverings), the floor slab, and the exterior walls and roofs; (iiexcluding any glass therein but including the painting thereof) the mechanical, electrical and other base building systems; and (iii) the entrance, lobbies, plazas, stairways, corridors, parking areas and other facilities from time to time provided for use in common by the Tenant and other tenants of the Building. If such maintenance or repairs or alterations are required by law or ; the utility and plumbing systems, (including fountain and sewer lines), fixtures and equipment located outside the Building; and the parking areas, landscaping, sprinkler systems, alarm system, sidewalks, driveways, curbs, and lighting systems in the prudent management Outside Areas. Subject to the provisions of Paragraphs 4, 22, and 23, Landlord shall maintain, repair, or replace for structural integrity the load bearing part of exterior walls, interior structural columns, the foundation, and the structural components of the Building roof (providing that Tenant installs no additional air conditioning or any other improvements equipment on the Lands due roof that damages these components). Landlord shall not be obligated to repair minor settlement cracks on walls or floor of the business carried on by the Tenantleased premises, then the full cost of such maintenance and repairs plus a sum equal to 15% of such cost representing the Landlord's overhead, shall be paid by the Tenant to the Landlord.
(b) The Landlord shall not be responsible for any damages caused to the Tenant by reason leaking of failure of any equipment or facilities serving the Building or delays in the performance of any work for which the Landlord is responsible under this Lease. The Landlord shall have the right to stop, interrupt or reduce any services, systems or utilities provided to, or serving the Building or Premises to perform repairs, alterations or maintenance or to comply with laws or regulations, or requirements of its insurers, or for causes beyond the Landlord's reasonable control said walls due thereto or as a result of the Landlord exercising its rights under Section 3.02porosity thereof. The Landlord shall not be in breach of its covenant for quiet enjoyment required to repair or liable for any loss, costs or damages, whether direct or indirect, incurred by the Tenant maintain conditions due to any act, negligence or omission of Tenant or its agents, contractors, employees or invitees. Landlord's obligation hereunder to repair and maintain is subject to the condition precedent that Landlord shall have received written notice of the foregoing, but the need for such repairs and maintenance. Tenant shall promptly report in writing to Landlord any defective condition known to it which Landlord is required to repair. All work by and for Landlord shall make reasonable efforts to restore the servicesbe performed during normal working hours and not on weekends, utilities holidays, and after normal working hours at overtime, holiday, or systems so stopped, interrupted or reducedpremium pay.
(c) If the Tenant fails to carry out any maintenance, repairs or work required to be carried out by it under this Lease to the reasonable satisfaction of the Landlord, the Landlord may at its option carry out such maintenance or repairs without any liability for any resulting damage to the Tenant's property or business. The cost of such work, plus a sum equal to 15% of such cost representing the Landlord's overhead, shall be paid by the Tenant to the Landlord.
Appears in 1 contract
Samples: Lease Agreement (MMC Networks Inc)