Maintenance by Landlord. During the Term hereof, subject to the provisions of Section 6.3 below, Landlord, at Landlord’s sole cost and expense, shall maintain and keep in good repair and working order, and replace, as necessary, the Parking Deck, including, without limitation, all elevators and electrical systems serving the Parking Deck (excluding, however, the Improvements). Landlord shall provide, at its sole cost and expense, routine maintenance of the Parking Deck, which maintenance duties shall include (i) replacement of light bulbs, (ii) replacement of broken glass, (iii) regular sweeping, power washing and debris removal from the Parking Deck floors, driveways, ramps, sidewalks and entrance and exit areas as needed, (iv) regular cleaning and sweeping of the elevators serving the Parking Deck and replacement of any carpeting in such elevators as needed (but no less frequently than once in each two year period), (v) inspection and recharging as necessary of fire extinguishers, (vi) floor striping and curb painting, (vii) routine maintenance of electric signs, if any, (viii) repair and maintenance of all fixtures, including any heating and air conditioning units and external mechanical equipment, and (ix) snow and ice removal on the driveway and sidewalks on the exterior of the Parking Deck as needed. Furthermore, on an annual basis, Landlord shall conduct its own inspection of the Parking Deck and, every five (5) years, Landlord shall commission an independent structural engineer or other qualified professional to perform a structural analysis of the Parking Deck. The purpose of such inspections shall be to identify repairs and replacements necessary to maintain the structural integrity of the Parking Deck, which shall include preventative measures to address water damage and corrosion. Subject to Section 6.3 below, Landlord agrees to make all repairs and replacements recommended by such inspections. Tenant shall promptly report to Landlord any defective condition known to it that Landlord is required to repair. If any maintenance, repairs or replacements required to be made by Landlord under this Lease are not completed within thirty (30) days following receipt of written notice from Tenant that such repairs are necessary, or in the event of an emergency if such repairs are not made as soon as feasible, then Tenant shall have the right (but not the obligation) to perform the necessary maintenance, repairs or replacement on behalf of and at the expense of Landlord. Landlord shall pay to Tenant the reasonable costs of such repairs within thirty (30) days after written demand therefor. Notwithstanding the foregoing, Tenant shall be obligated for the reasonable costs of such maintenance, repair or replacement to the extent such work is necessitated by the negligence or willful misconduct of Tenant or its employees, agents or contractors, with reimbursement to be made within thirty (30) days following Landlord’s submission to Tenant of invoices or other reasonable evidence of costs incurred.
Appears in 3 contracts
Samples: Air Rights Lease Agreement, Air Rights Lease Agreement, Rights Lease Agreement
Maintenance by Landlord. During Landlord shall keep and maintain the Property, including, without limitation, the Premises, and its structures and systems in good condition, order and repair, and replace as necessary, consistent with Class A office buildings in Richmond, Virginia throughout the Term hereofof the Lease, subject including without limitation the Building, and all fixtures and other improvements; equipment; loading docks; bollards; bumpers; roof drains; exterior and interior walls; foundations; footings; ceilings; floors and flooring; entrance ways; interior and exterior doors; plate glass and other windows and window treatments; lighting fixtures; fire extinguishers, fire suppression systems and other life safety systems; all heating, ventilating and air conditioning (“HVAC”) units servicing the Premises and the Common Areas and related components; all plumbing, electrical and gas equipment, fixtures, systems and facilities located on or serving the Premises and the Common Areas; all other mechanical equipment and systems located on or serving the Premises; and all Common Areas, including, without limitation, the Building’s Patio along Grace Street, the Building Lobby, all sidewalks, parking areas, driveways, fences, stormwater retention facilities and landscaping, and all other portions of the Building and/or Land not leased to a specific tenant, including, without limitation, snow removal from sidewalks and other Common Areas. Landlord shall at all times shall maintain the provisions Premises and Common Areas in a clean, sanitary and orderly condition and free from accumulations of Section 6.3 belowtrash or rubbish. Landlord shall be responsible for keeping the Building’s roof in good order and repair and water tight, replacing as necessary, and keeping drains, gutters, downspouts, foundation, subfloors, exterior and demising walls, exterior windows and all other structural elements of the Building located on the Premises. Landlord, at Landlord’s sole cost and expense, shall maintain and keep in good repair and working order, and replace, as necessary, the Parking Deck, including, without limitation, all elevators and electrical systems serving generator for the Parking Deck (excludingBuilding; provided, however, the Improvements). that Landlord shall provide, at its sole cost and expense, routine maintenance of the Parking Deck, which maintenance duties shall include (i) replacement of light bulbs, (ii) replacement of broken glass, (iii) regular sweeping, power washing and debris removal from the Parking Deck floors, driveways, ramps, sidewalks and entrance and exit areas as needed, (iv) regular cleaning and sweeping of the elevators serving the Parking Deck and replacement of any carpeting in such elevators as needed (but no less frequently than once in each two year period), (v) inspection and recharging as necessary of fire extinguishers, (vi) floor striping and curb painting, (vii) routine maintenance of electric signs, if any, (viii) repair and maintenance of all fixtures, including any heating and air conditioning units and external mechanical equipment, and (ix) snow and ice removal on the driveway and sidewalks on the exterior of the Parking Deck as needed. Furthermore, on an annual basis, Landlord shall conduct its own inspection of the Parking Deck and, every five (5) years, Landlord shall commission an independent structural engineer or other qualified professional to perform a structural analysis of the Parking Deck. The purpose of such inspections shall not be to identify repairs and replacements necessary to maintain the structural integrity of the Parking Deck, which shall include preventative measures to address water damage and corrosion. Subject to Section 6.3 below, Landlord agrees to make all repairs and replacements recommended by such inspections. Tenant shall promptly report to Landlord any defective condition known to it that Landlord is required to repair. If liable for any maintenance, repairs repair or replacements required replacement necessitated by Tenant’s gross negligence or willful misconduct. If Xxxxxx becomes aware of any condition that is Landlord’s responsibility to be made by maintain pursuant to this Section 7(b), Tenant may notify Landlord under this Lease are not completed of the condition, and Landlord shall complete maintenance necessary to correct such condition within ten (10) days from Tenant’s provision of notice, or, within thirty (30) days following receipt if Landlord demonstrates completion of the maintenance would reasonably require more than ten (10) days. If Tenant, in its reasonable discretion, determines a condition that is Xxxxxxxx’s responsibility to maintain must be maintained or partially maintained due to an emergency (i.e., a broken water line for which Landlord would otherwise be responsible and that presents an immediate threat to Tenant’s furniture, fixtures and equipment) prior to expiration of the period by which Landlord must remedy such condition, and provided that Tenant has given notice to Landlord of such condition and Landlord has not commenced such maintenance, Tenant may, but shall not be obligated to, perform whatever maintenance it deems necessary to ensure continuity in its operations on the Premises, but only to the extent necessary to eliminate the emergency situation and such maintenance shall not exceed $50,000.00 in the aggregate per emergency situation. If Landlord fails to timely comply with any of its obligations under this Section 7(b) and/or if Tenant elects to perform any such emergency maintenance, then Tenant, at its sole option and by written notice from Tenant that such repairs are necessaryto Landlord, may proceed to make or in cause to be made the event of an emergency if such repairs are not made as soon as feasible, then Tenant shall have the right (but not the obligation) to perform the necessary maintenance, repairs repair or replacement on behalf of at Landlord’s expense and at the expense of Landlord. Landlord shall pay to Tenant the reasonable costs of such repairs amount within thirty (30) days after written demand thereforrequest therefor accompanied with supporting documentation. Notwithstanding the foregoing, If Landlord fails to reimburse Tenant shall be obligated for the reasonable costs of such maintenance, repair or replacement to the extent such work is necessitated by the negligence or willful misconduct of Tenant or its employees, agents or contractors, with reimbursement to be made within thirty (30) days following Landlordof Xxxxxx’s submission to Tenant of invoices or other reasonable evidence of demand including written receipts and paid invoices, the costs incurredmay be applied as a credit against Base Rent under this Lease.
Appears in 1 contract
Samples: Lease Agreement
Maintenance by Landlord. During the Term hereof, subject to the provisions of Section 6.3 below, Landlord, at Landlord’s sole cost and expense, Landlord shall maintain and keep in good repair and working order, the foundations and replace, as necessary, the Parking Deck, including, without limitation, all elevators and electrical systems serving the Parking Deck exterior walls (excluding, howeverbut not limited to, the Improvementsinterior surface of exterior walls and all windows, doors and thresholds), canopies, downspouts, gutters, roof and roof deck, and the parking area, exterior lighting, common areas, structural components, landscaping, fire alarm & sprinkler systems and other items of repair and replacement covered by Operating Expenses. Landlord shall provide, at its sole cost and expense, routine maintenance The portion of the Parking Deck, which maintenance duties shall include (i) replacement of light bulbs, (ii) replacement of broken glass, (iii) regular sweeping, power washing and debris removal from the Parking Deck floors, driveways, ramps, sidewalks and entrance and exit areas Building intended to be designated as needed, (iv) regular cleaning and sweeping of the elevators serving the Parking Deck and replacement of any carpeting in such elevators as needed (but no less frequently than once in each two year period), (v) inspection and recharging as necessary of fire extinguishers, (vi) floor striping and curb painting, (vii) routine maintenance of electric signs, if any, (viii) repair and maintenance of all fixtures, including any heating and air conditioning units and external mechanical equipment, and (ix) snow and ice removal on the driveway and sidewalks on the exterior of the Parking Deck as needed. Furthermore, on an annual basis, Landlord shall conduct its own inspection of the Parking Deck and, every five (5) years, Landlord shall commission an independent structural engineer or other qualified professional exclude those portions herein covenanted and agreed by Tenant to perform a structural analysis of the Parking Deck. The purpose of such inspections shall be to identify repairs and replacements necessary to maintain the structural integrity of the Parking Deck, which shall include preventative measures to address water damage and corrosion. Subject to Section 6.3 below, Landlord agrees to make all repairs and replacements recommended by such inspections. Tenant shall promptly report to Landlord any defective condition known to it that Landlord is required to kept in repair. If any maintenance, repairs or replacements required to be made by Landlord under this Lease are not completed within thirty (30) days following receipt of written notice from Tenant that such repairs are necessary, or plate glass window in the event of an emergency if such repairs are not made as soon as feasiblePremises is damaged or broken by Tenant or Tenant Parties, then Tenant shall have the right (but not the obligation) to perform the necessary maintenance, repairs or replacement on behalf of be liable for its prompt repair and at the expense of Landlord. Landlord shall pay to Tenant the reasonable costs of such repairs within thirty (30) days after written demand thereforreplacement. Notwithstanding the foregoing, Landlord will have sole responsibility for all repairs and capital replacement costs of the roof during the Term of the Lease. Landlord will not include the costs for any major repairs to the parking area in Operating Expenses during the first twelve months of the Lease Term. Landlord shall be responsible for maintaining a system maintenance contract, repairs and replacement of heating, ventilating and air conditioning (HVAC) units, the costs of which shall be included in Operating Expenses. If there are any charges for the maintenance of the HVAC system in the Premises which are attributable to the abuse of the system by the Tenant, or adjustments to the system caused by the movement or particular preferences of Tenant’s employees in the Premises after the final test and balance to be performed at the completion of the Tenant Improvements detailed in the Tenant Work Letter, Tenant shall be obligated separately charged, and shall pay as Additional Rent hereunder such excess charges caused by the abuse of the system, or movement or particular preferences of employees of Tenant. If Tenant uses heat generating machines or equipment in the Premises that affects the temperature otherwise maintained by the HVAC system that is being provided by Landlord, Landlord shall not be required to install supplementary air conditioning units in the Premises. If Tenant elects to install supplementary air conditioning units, then the cost of installation, operation and maintenance thereof, shall be paid by Tenant. Landlord shall warrant that the electrical, mechanical, plumbing and lighting serving the Premises are in good working order for the reasonable first twelve (12) months of occupancy, and any repairs required during said warranty period shall not be applied to Operating Expenses. Landlord shall provide all routine and customary maintenance for the existing HVAC units (“Normal PM”) and costs shall be included in Tenant’s Operating Expenses. The costs to replace any units which are beyond its useful life shall be an operating expense and amortized over the useful life of such maintenancethe units. Repairs to “Major Components” for the units installed in 1999 shall be included in Operating Expenses up to a maximum of $1,000.00 per unit annually until replaced, repair or replacement at which time, all costs for repairs to said unit shall be included in the extent such work Operating Expenses. Repairs to Major Components for the units installed in 2011 and after shall be included in Operating Expenses. Normal PM is necessitated by the negligence or willful misconduct defined as: • Filters • Belts • Cleaning • Recharging • Tightening of Tenant or its employeescomponents • Predictive actions (IR, agents or contractors, with reimbursement to be made within thirty etc.) Major Components are defined as: • Compressors • Variable Speed Drives • Condensers/ Evaporators (30Coils) days following Landlord’s submission to Tenant of invoices or other reasonable evidence of costs incurred.• Fan Motors
Appears in 1 contract
Maintenance by Landlord. During Except as provided in Article 7 (Damage or Destruction) and Article 8 (Condemnation), Landlord shall keep the Term hereoffollowing in good order, subject to the provisions of Section 6.3 below, Landlord, condition and repair at Landlord’s sole cost and expense: the foundation, shall maintain structural portions of the Building, exterior walls, roof and keep in good repair all roof related systems and working ordercomponents, mechanical, electrical and replace, as necessary, the Parking Deck, including, without limitation, all elevators and plumbing electrical systems serving the Parking Deck (excluding, however, the Improvements). Landlord shall provide, at its sole cost and expense, routine maintenance components of the Parking Deck, Building in which maintenance duties shall include the Premises are located (i) replacement of light bulbs, (ii) replacement of broken glass, (iii) regular sweeping, power washing and debris removal from including painting the Parking Deck floors, driveways, ramps, sidewalks and entrance and exit areas as needed, (iv) regular cleaning and sweeping exterior surface of the elevators serving the Parking Deck and replacement exterior walls of any carpeting in such elevators as needed (but no less frequently Building not more often than once in each two year period), (v) inspection and recharging as necessary of fire extinguishers, (vi) floor striping and curb painting, (vii) routine maintenance of electric signs, if any, (viii) repair and maintenance of all fixtures, including any heating and air conditioning units and external mechanical equipment, and (ix) snow and ice removal on the driveway and sidewalks on the exterior of the Parking Deck as needed. Furthermore, on an annual basis, Landlord shall conduct its own inspection of the Parking Deck and, every five (5) years. However, Landlord shall commission an independent structural engineer not be obligated to maintain or other qualified professional repair windows, doors, plate glass or the interior surfaces of exterior walls. Landlord shall maintain and repair the parking lot and maintain the landscaping located on the Property, the cost of which items shall be Property Maintenance Costs under Section 4.05E. Landlord shall contract for or require Tenant to perform enter into a structural analysis service contract on the Premises for the periodic inspection and service of the Parking Deckheating, ventilation and air conditioning equipment. The purpose Landlord shall make repairs under this Section 6.03 within a reasonable time after receipt of written notice from Tenant of the need for such inspections shall be to identify repairs and replacements complete such repairs within twenty one (21) days, or such longer period of time as may be necessary in the case of repairs which are not reasonably susceptible to maintain the structural integrity of the Parking Deckcompletion within such period, which shall include preventative measures to address water damage and corrosion. Subject to Section 6.3 below, provided Landlord agrees to make all pursues such repairs and replacements recommended by such inspectionswith reasonable commercial diligence. Tenant shall promptly report to Landlord any defective condition known to it that Landlord is required to repair. If any maintenance, may effect emergency repairs or replacements otherwise required to be made by Landlord under this Lease are not completed within thirty (30) days following receipt of written notice from Tenant that such repairs are necessaryin order to preserve safety and avoid damage to Tenant’s property, or in the event of an emergency if such repairs are not made as soon as feasible, then Tenant shall have the right (but not the obligation) to perform the necessary maintenance, repairs or replacement on behalf of and at the expense of Landlord. Landlord shall pay to reimburse Tenant for Tenant’s out-of-pocket costs in doing so, provided Tenant provides Landlord with prompt notice of the reasonable costs of necessity for such repairs within thirty (30) days after written demand therefor. Notwithstanding the foregoing, Tenant shall be obligated for the reasonable costs of such maintenance, repair or replacement to the extent such work is necessitated by the negligence or willful misconduct of Tenant or its employees, agents or contractors, with reimbursement to be made within thirty (30) days following Landlord’s submission to Tenant of invoices or other reasonable evidence of costs incurredrepairs.
Appears in 1 contract
Maintenance by Landlord. During the Term hereof, subject to the provisions of Section 6.3 below, Landlord, at Landlord’s sole cost and expense, shall maintain and keep in good repair and working order, and replace, as necessary, the Parking Deck, including, without limitation, all elevators and electrical systems serving the Parking Deck (excluding, however, the Improvements). Landlord shall provide, at its sole cost and expense, routine maintenance of the Parking Deck, which maintenance duties shall include (i) replacement of light bulbs, (ii) replacement of broken glass, (iii) regular sweeping, power washing and debris removal from the Parking Deck floors, driveways, ramps, sidewalks and entrance and exit areas as needed, (iv) regular cleaning and sweeping of the elevators serving the Parking Deck and replacement of any carpeting in such elevators as needed (but no less frequently than once in each two year period), (v) inspection and recharging as necessary of fire extinguishers, (vi) floor striping and curb painting, (vii) routine maintenance of electric signs, if any, (viii) repair and maintenance of all fixtures, including any heating and air conditioning units and external mechanical equipment, and (ix) snow and ice removal on the driveway and sidewalks on the exterior of the Parking Deck as needed. Furthermore, on an annual basis, Landlord shall conduct its own inspection of the Parking Deck and, every five (5) years, Landlord shall commission an independent structural engineer or other qualified professional to perform a structural analysis of the Parking Deck. The purpose of such inspections shall be to identify repairs and replacements necessary to maintain the structural integrity of the Parking Deck, which shall include preventative measures to address water damage and corrosion. Subject to Section 6.3 below, Landlord Xxxxxxxx agrees to make all repairs and replacements recommended by such inspections. Tenant shall promptly report to Landlord any defective condition known to it that Landlord is required to repair. If any maintenance, repairs or replacements required to be made by Landlord under this Lease are not completed within thirty (30) days following receipt of written notice from Tenant that such repairs are necessary, or in the event of an emergency if such repairs are not made as soon as feasible, then Tenant shall have the right (but not the obligation) to perform the necessary maintenance, repairs or replacement on behalf of and at the expense of Landlord. Landlord shall pay to Tenant the reasonable costs of such repairs within thirty (30) days after written demand therefor. Notwithstanding the foregoing, Tenant shall be obligated for the reasonable costs of such maintenance, repair or replacement to the extent such work is necessitated by the negligence or willful misconduct of Tenant or its employees, agents or contractors, with reimbursement to be made within thirty (30) days following LandlordXxxxxxxx’s submission to Tenant of invoices or other reasonable evidence of costs incurred.
Appears in 1 contract
Samples: Air Rights Lease Agreement
Maintenance by Landlord. During the Term hereof, subject to the provisions of Section 6.3 below, Landlord, at Landlord’s sole cost and expense, shall maintain and keep in good repair and working order, and replace, as necessary, the Parking Deck, including, without limitation, all elevators and electrical systems serving the Parking Deck (excluding, however, the Improvements). Landlord shall provide, at its sole cost and expense, routine maintenance of the Parking Deck, which maintenance duties shall include (i) replacement of light bulbs, (ii) replacement of broken glass, (iii) regular sweeping, power washing and debris removal from the Parking Deck floors, driveways, ramps, sidewalks and entrance and exit areas as needed, (iv) regular cleaning and sweeping of the elevators serving the Parking Deck and replacement of any carpeting in such elevators as needed (but no less frequently than once in each two year period), (v) inspection and recharging as necessary of fire extinguishers, (vi) floor striping and curb painting, (vii) routine maintenance of electric signs, if any, (viii) repair and maintenance of all fixtures, including any heating and air conditioning units and external mechanical equipment, and (ix) snow and ice removal on the driveway and sidewalks on the exterior of the Parking Deck as needed. Furthermore, on an annual basis, Landlord shall conduct its own inspection of the Parking Deck and, every five (5) years, Landlord shall commission an independent structural engineer or other qualified professional to perform a structural analysis of the Parking Deck. The purpose of such inspections shall be to identify repairs and replacements necessary to maintain the structural integrity of the Parking Deck, which shall include preventative measures to address water damage and corrosion. Subject to Section 6.3 below, Landlord agrees to make all repairs and replacements recommended by such inspections. Tenant shall promptly report to Landlord any defective condition known to it that Landlord is required to repair. If any maintenance, repairs or replacements required to be made by Landlord under this Lease are not completed within thirty (30) days following receipt of written notice from Tenant that such repairs are necessary, or in the event of an emergency if such repairs are not made as soon as feasible, then Tenant shall have the right (but not the obligation) to perform the necessary maintenance, repairs or replacement on behalf of and at the expense of Landlord. Landlord shall pay to Tenant the reasonable costs of such repairs within thirty (30) days after written demand therefor. Notwithstanding the foregoing, Tenant shall be obligated for the reasonable costs of such maintenance, repair or replacement to the extent such work is necessitated by the negligence or willful misconduct of Tenant or its employees, agents or contractors, with reimbursement to be made within thirty (30) days following Landlord’s submission to Tenant of invoices or other reasonable evidence of costs incurred.thirty
Appears in 1 contract
Samples: Air Rights Lease Agreement
