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.
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Samples: Air Rights Lease Agreement, Air Rights Lease Agreement, 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
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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, 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
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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.
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Maintenance by Landlord. During the Term hereof, subject (i) Subject to the provisions of Section 6.3 belowParagraphs 21 and 22, and as an Operating Expense subject to the terms of Xxxxxxxxx 0, Xxxxxxxx shall repair and maintain in good order and condition the following items: the roof coverings (provided that Tenant installs no additional air conditioning or other equipment on the roof that damages the roof coverings, in which event Tenant shall pay all costs resulting from the presence of such additional equipment); the Parking Areas, and the Common Areas (including pavement, landscaping, sprinkler systems, sidewalks, driveways, curbs, and lighting systems).
(ii) Subject to the provisions of Paragraphs 21 and 22, Landlord, at its own cost and expense, shall repair and maintain in good order and condition the following items: the structural portions of the roof (specifically excluding the roof coverings), the foundation, the footings, the floor slab, and the load bearing walls and exterior walls of the Building (excluding any glass and any routine maintenance, including, without limitation, any painting, sealing, patching and waterproofing of such walls).
(iii) Subject to the provisions of Paragraphs 21 and 22, Landlord, at Tenant’s sole cost and expense, shall repair and maintain in good order and condition the Building Systems, including without limitation plumbing, HVAC, backup generator system, electrical systems, lifesafety and fire alarm systems. Without limiting the generality of the foregoing, and in connection therewith, Landlord shall obtain and keep in good force preventive maintenance contracts providing for regular (at least quarterly) inspection and maintenance of the HVAC systems and the emergency backup generator by a qualified service contractor(s) selected by Landlord. All costs and expenses incurred by Landlord in connection with the repairs and maintenance set forth in this Paragraph 13(b)(iii) shall be payable by Tenant as Additional Rent (but not as Expenses). Other than scheduled service appointments, Landlord’s obligations under this Paragraph 13(b)(iii) are subject to the condition precedent that Landlord shall have received written notice of the need for such repairs and maintenance and a reasonable time to perform such repair and working ordermaintenance. Notwithstanding anything in this Paragraph 13(b)(iii) to the contrary, in the event any equipment replacements that are capitalized under generally accepted real estate accounting principles are required in order to repair and replacemaintain the Building Systems in good order and condition, then Tenant shall only be required to pay an amortized portion of the cost of such capital replacement falling due within the Term (including any Renewal Term) based upon the amortization of such capital replacement over its useful life, as necessaryreasonably determined by Landlord.
(iv) Notwithstanding anything in this Paragraph 13 to the contrary, Landlord shall have the right to either repair or to require Tenant to repair any damage to any portion of the Premises, the Parking DeckBuilding and/or the Project caused by or created due to any act, includingomission, without limitationnegligence or willful misconduct of Tenant or Tenant’s Agents and to restore the Premises, all elevators and electrical systems serving the Parking Deck (excludingBuilding and/or the Project, as applicable, to the condition existing prior to the occurrence of such damage; provided, however, that in the Improvements)event Landlord elects to perform such repair and restoration work, Tenant shall reimburse Landlord for all costs and expenses incurred by Landlord in connection therewith to the extent not covered by insurance proceeds, and such reimbursement shall be paid, in full, within ten (10) days after Landlord’s demand therefor. Landlord’s obligations hereunder are subject to the condition precedent that Landlord shall provide, at its sole cost and expense, routine maintenance have received written notice of the Parking Deck, which need for such repairs and 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 a reasonable time to perform 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 inspectionsmaintenance. Tenant shall promptly report in writing to Landlord any defective condition known to it that which Landlord is required to repair. If , and failure to so report such defects shall make Tenant responsible to Landlord for any maintenance, repairs or replacements required to be made liability incurred 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 by reason 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 incurredcondition.
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