Maintenance by Lessor. Except to the extent any such need for repair or maintenance is caused by or results from any negligence, willful misconduct or breach of any provision of this Lease by Lessee or any of Lessee’s Agents, in which event such repair or maintenance shall be done by Lessee at Lessee’s sole cost and expense, Lessor agrees (i) to repair and maintain (or to cause the repair and maintenance of) the following items and (ii) if necessary, in the reasonable opinion of Lessor, to replace the following items, at its sole cost and expense (except where otherwise indicated below): the Building foundations, the Building exterior wall structure (as opposed to the surface of any exterior wall), the structural portions of the Building roof (but not the roof membranes and coverings), the Building structural support system, the subsurface plumbing (only to the extent relating to any structural defect) and the heating, ventilation and air conditioning system serving the Building; provided, however, that Lessee shall be responsible for the costs of any repairs of or maintenance to (but not the replacement of) the roof or the heating, ventilation and air conditioning system, the costs of which shall be reimbursed to Lessor pursuant to Article 65. Lessor’s obligation hereunder to repair and maintain is subject to the further condition precedent that Lessor shall have received written notice of the need for such repairs and maintenance. Lessee shall promptly report in writing to Lessor any defective condition known to it which Lessor is required to repair and failure to so report such defective condition shall make Lessee responsible to Lessor for any liability incurred by Lessor by reason of such defective condition. The foregoing obligations shall be the sole obligations of Lessor with respect to the repair and maintenance of the Premises, it being expressly acknowledged by Lessee that the Rentals payable pursuant to this Lease are to be “triple net.”
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Samples: Lease Agreement (Asante Solutions, Inc.), Lease Agreement (Asante Solutions, Inc.)
Maintenance by Lessor. Except to the extent any such need for repair or maintenance is caused by or results from any negligence, willful misconduct or breach of any provision of this Lease by Lessee or any of Lessee’s Agents, in which event such repair or maintenance shall be done by Lessee at Lessee’s sole cost and expense, Lessor agrees (i) to repair and maintain (or to cause the repair and maintenance of) the following items and (ii) if necessary, in the reasonable opinion of Lessor, to replace the following items, at its sole cost shall keep or caused to be kept the foundation, roof and expense (except where otherwise indicated below): the Building foundations, the Building exterior wall structure (as opposed to the surface of any exterior wall), the structural portions of the Building roof walls of the building including the leased premises in good order, repair and condition and major repairs to the electric utility from the exterior of the property of which the leased premises form a part to the service entrance servicing the leased premises, (but not the roof membranes and coveringsinterior electrical system shall be the responsibility of the Lessee), the Building structural support system, the subsurface plumbing (only and all repairs to the extent relating to any structural defect) and HVAC system on the heating, ventilation and air conditioning exterior of the leased premises (the balancing of said system serving the Building; provided, however, that Lessee shall be responsible the responsibility for the costs Lessee), except for damage thereto due to the acts or omissions of Lessee, its agents, employees or invitees. Lessor shall commence required repairs as soon as reasonably practicable after receiving written notice from Lessee thereof. This provision shall not apply in the case of damage or destruction by fire or other casualty or condemnation or eminent domain, in which events the obligations of Lessor shall be controlled by Articles XX and XXI. Except as provided in this Article VI, Lessor shall not be obligated to make repairs, replacements or improvements of any repairs of kind upon the equipment, merchandise, stock and trade facilities or maintenance to (but not fixtures in the replacement of) the roof or the heatingleased premises, ventilation and air conditioning system, the costs all of which shall be reimbursed to the Lessee's responsibility. In the event the Lessor pursuant to Article 65. Lessor’s obligation hereunder to does not timely perform the maintenance or repairs required hereunder, Lessee shall notify Lessor in writing that required maintenance and repair has not been timely performed, and maintain is subject to the further condition precedent that Lessor shall have received written notice a reasonable time, according to the nature of the need for such repairs and maintenanceparticular maintenance or repaid issue, to commence to cure the required item of maintenance or repair. Lessee shall promptly report in writing to Lessor any defective condition known to it which Lessor is required to repair and Lessor's failure to so report such defective condition maintain or repair as required under this Agreement shall make Lessee responsible to Lessor for any liability incurred by Lessor by reason of such defective condition. The foregoing obligations shall be the sole obligations constitute a material default of Lessor with respect to the repair and maintenance of the Premises, it being expressly acknowledged by Lessee that the Rentals payable pursuant to under this Lease are to be “triple netAgreement.”
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Samples: Lease Agreement (Ipayment Inc)
Maintenance by Lessor. Except A. Lessor shall, at its own cost and expense, perform all required repairs and replacements to the extent roof (including the roof membrane), foundation (beneath the floor slab) and structural frame of the Buildings. Lessor’s obligation shall exclude the cost of any such need repair required because of the act or negligence of Lessee or Lessee’s Group, the cost of which shall be the responsibility of Lessee. Unless the same is caused solely by the negligent action or inaction of Lessor, its employees or agents, or is not covered by the insurance required to be carried by Lessee pursuant to the terms of this Lease, Lessor shall not be liable to Lessee or to any other person for any damage to property occasioned by failure in any utility system or by the bursting or leaking of any vessel or pipe in or about the Premises, or for any damage occasioned by water coming into the Premises or arising from the acts or neglects of occupants of adjacent property or the public. During the Warranty Period, Lessor shall make any repair or maintenance is caused replacement to the Premises resulting from defective materials and/or workmanship installed by Lessor or results from any negligenceconstruction by Lessor. If Lessor, willful misconduct or breach within thirty (30) days after Lessee shall give written notice to Lessor, subject to extension of any provision such time period due to Permitted Delay and/or Lessee Delay, shall fail to make the repairs required of this Lease by Lessor herein, Lessee or any of Lessee’s Agentsmay, at its option, make the repairs, in which event the Lessor covenants to reimburse Lessee for the reasonable cost thereof actually incurred and, except in the case of an Emergency Repair (as described below), for one percent (1%) of said cost for administration fees. If within fifteen (15) days after Lessee has given such repair notice to Lessor, Lessor shall fail to reimburse Lessee for the cost of such work and, if applicable, the administration fee, Lessee may deduct such costs from the Base Rent then or maintenance shall be done thereafter due to Lessor under this Lease. The quality of all work performed by Lessee at Lessee’s sole cost and expense, Lessor agrees (i) to repair and maintain (must equal or to cause exceed the repair and maintenance of) the following items and (ii) if necessary, in the reasonable opinion quality of Lessor, ’s Work. Such costs must be reasonably documented and copies of such documentation must be delivered to replace Lessor with the following items, at its sole cost and expense (except where otherwise indicated below): the Building foundations, the Building exterior wall structure (as opposed to the surface of any exterior wall), the structural portions of the Building roof (but not the roof membranes and coverings), the Building structural support system, the subsurface plumbing (only to the extent relating to any structural defect) and the heating, ventilation and air conditioning system serving the Building; provided, however, that written demand for reimbursement. Lessee shall be responsible for permitted to continue to set off against succeeding installments of Base Rent until the costs total amount of any such cost actually incurred by Lessee has been recovered by Lessee. Notwithstanding the notice requirements described above, if the repairs of should be required to avoid an imminent danger to person or maintenance to property (but not the replacement of) the roof or the heatingan “Emergency Repair”), ventilation and air conditioning system, the costs of which then only such notice as shall be reimbursed to Lessor pursuant to Article 65. Lessor’s obligation hereunder to repair and maintain is subject to appropriate or practical under the further condition precedent that Lessor shall have received written notice of the need for such repairs and maintenance. Lessee shall promptly report in writing to Lessor any defective condition known to it which Lessor is required to repair and failure to so report such defective condition shall make Lessee responsible to Lessor for any liability incurred by Lessor by reason of such defective condition. The foregoing obligations circumstances shall be required prior to Lessee’s exercise of its right to make the sole obligations of Lessor with respect to the repair and maintenance of the Premises, it being expressly acknowledged by Lessee that the Rentals payable pursuant to this Lease are to be “triple netrepairs.”
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