Maintenance by Tenant. a. Tenant shall maintain and keep in repair and replace when necessary, the plumbing, heating, air conditioning, ventilation and electrical fixtures, equipment and systems and the foundation, lateral support, roof, walls, structural parts and all exterior parts of the premises and of any building in which the premises are located, and the floors and windows which are in integral part of the premises. Tenant shall not be required to make any repairs made necessary by the negligent acts of Landlord or its agents, employees or invitees. b. If Tenant is required to repair, alter, remove, reconstruct, or improve any part of the premises covered by this lease, the same shall be made by Tenant with reasonable dispatch and with minimum interference of Tenant's business. c. Landlord shall promptly notify Tenant of any defective condition which Tenant is required to repair by the terms of this Lease. Within fifteen (15) days of notice, Tenant shall start and continue the repairs with due diligence until completed. If Tenant fails to do so, the repairs may be made or completed by Landlord and the actual expenses shall be billed to Tenant by Landlord. If emergency repairs are necessary for the preservation of the premises or Landlord's property, Landlord may make such repairs and charge their costs and expenses to Tenant. In the event of such emergency, Landlord shall make reasonable efforts to notify Tenant before proceeding with repairs. d. Tenant shall keep the interior of the premises in as good order and condition as when delivered, excepting ordinary wear and tear, damage by fire, elements, or casualty, or any damage not due to Tenant's negligence. Tenant shall further be responsible for the repair and maintenance of all doors and windows and for keeping the premises' sidewalks free of ice and snow.
Appears in 3 contracts
Samples: Lease Agreement (Jore Corp), Lease Agreement (Jore Corp), Lease Agreement (Jore Corp)
Maintenance by Tenant. a. Tenant shall maintain and at all times keep in good order, condition and repair (which shall include the providing of replacements where necessary) the entire Premises and replace when necessarythe interior portions of the Building (excepting only the interior portions of the Building being leased by other parties) including, without limitation, the plumbingroof, heatingthe exterior and all glass and show window moldings; and all partitions, air conditioningdoors, ventilation and electrical interior walls, fixtures, equipment and systems appurtenances thereto, including lighting, heating and plumbing fixtures serving the foundationPremises only and any air conditioning system and sprinkler system situated within and/or servicing the Premises, lateral supportreasonable and ordinary wear and tear excepted. Said maintenance by Tenant shall include, roofwithout limitation, walls, structural parts periodic painting as is reasonably necessary. All cutting and all exterior parts patching of the premises roof area required for any reason whatsoever for Tenant’s use and of any building in which the premises are located, and the floors and windows which are in integral part occupancy of the premises. Tenant Premises shall not be required to make any repairs made necessary performed by the negligent acts of Landlord or its agents, employees or invitees.
b. If Tenant is required to repair, alter, remove, reconstruct, or improve any part of the premises covered by this lease, the same shall be made by Tenant with reasonable dispatch and with minimum interference of Tenant's business.
c. Landlord shall promptly notify Tenant of any defective condition which Tenant is required to repair by the terms of this Lease. Within fifteen (15) days of notice, Tenant shall start and continue the repairs with due diligence until completed. If Tenant fails to do so, the repairs may be made or completed by Landlord and the actual expenses shall be billed to Tenant by Landlord. If emergency repairs are necessary for the preservation of the premises or Landlord's property, Landlord may make such repairs and charge their costs and expenses to Tenant’s roofing subcontractor. In the event that Tenant causes such work to be performed by anyone other than the Landlord’s roofing subcontractor, Landlord will have the right, at Tenant’s sole cost and expense and without notice to Tenant, to cause said work and the roof area affected thereby to be inspected and/or repaired by Landlord’s roofing subcontractor. All repairs, replacements, or maintenance of such emergencyany item or any type of the Premises, other than building structure and any capital improvements thereto, is the responsibility of the Tenant and to be paid for by Tenant. Tenant shall be entitled to recover from Landlord the costs of all repairs made by Tenant to the roof and interior portions of the Building (excepting those repairs made solely for the benefit of the Tenant and/or Premises) less the Tenant’s Proportionate Share. Landlord shall endeavor to collect the amounts due from the other tenant(s) within the Building upon receipt of the paid invoices from Tenant; however, Landlord shall make reasonable efforts to notify Tenant before proceeding with repairs.
d. Tenant shall keep not be liable for any such amounts unless and until the interior of other tenant(s) within the premises in as good order and condition as when delivered, excepting ordinary wear and tear, damage by fire, elements, or casualty, or any damage not Building have provided such sums due to Tenant's negligence. Tenant shall further be responsible for the repair and maintenance of all doors and windows and for keeping the premises' sidewalks free of ice and snowLandlord.
Appears in 2 contracts
Samples: Lease (Radiation Therapy Services Holdings, Inc.), Lease (Radiation Therapy Services Inc)
Maintenance by Tenant. a. Tenant shall covenants throughout the term, at its expense, to maintain in good order and keep in repair the interior structure of the rental space, and to maintain and replace when necessary, the all window and door glass therein, interior and exterior, to maintain and repair all building service equipment therein including, but not limited to, electrical, plumbing, heatingand sprinkler equipment, air conditioningpipes, ventilation and electrical wires, ducts, fixtures, equipment and systems appliances; to make all ordinary and necessary repairs, to keep the foundationrental space in a safe, lateral supportclean and sanitary condition, roofto provide for the removal of trash and rubbish, walls, structural parts and all exterior parts to surrender the rental space at the end of the premises term in as good condition as when received except for ordinary wear and of any building in which the premises are located, and the floors and windows which are in integral part of the premisesuse. Tenant shall not be required to make any repairs made necessary by the negligent acts of Landlord or its agents, employees or invitees.
b. If Tenant is required to repair, alter, remove, reconstruct, or improve any part of the premises covered by this lease, the same shall be made by Tenant with reasonable dispatch and with minimum interference of Tenant's business.
c. Landlord shall promptly notify Tenant of any defective condition which Tenant is required to repair by the terms of this Lease. Within fifteen (15) days of notice, Tenant shall start and continue the repairs with due diligence until completed. If Tenant fails to do so, the repairs may be made or completed by Landlord and the actual expenses shall be billed to Tenant by Landlord. If emergency repairs are necessary for the preservation of the premises or Landlord's property, Landlord may make such repairs and charge their costs and expenses to Tenant. In the event of such emergency, Landlord shall make reasonable efforts to notify Tenant before proceeding with repairs.
d. Tenant shall keep the interior of the premises in as good order and condition as when delivered, excepting ordinary wear and tear, damage by fire, elements, or casualty, or any damage not due to Tenant's negligence. Tenant shall further be responsible for the repair and maintenance of the restrooms on the First and Second Floors.
b. Notwithstanding anything herein contained, the Landlord’s obligation with respect to the repair of any damage to the rental space caused by fire or other casualty or by a condemnation shall be determined under the provisions of paragraphs 7 and 8, respectively, and not of this Paragraph.
c. Should Landlord fail to perform any of the duties required to be performed by it pursuant to this paragraph of this Sub-lease within forty-five (45) days after such failure (and after providing notice to Landlord of such failure), Landlord agrees that Tenant may have the necessary work performed by a responsible contractor to be selected by the Tenant after receiving three (3) bids for the required work. The Tenant shall not, however, have any required work performed without first giving the Landlord thirty (30) days notice in writing. The Tenant may deduct the cost of all doors and windows and for keeping such necessary repairs to the premises' sidewalks free of ice and snowrental space, which it has made from the monthly rent or rentals.
Appears in 2 contracts
Samples: Sub Lease (Global Defense Technology & Systems, Inc.), Sub Lease (Global Defense Technology & Systems, Inc.)
Maintenance by Tenant. a. Tenant shall maintain keep the Premises, including all windows, signs, and sidewalks, service ways, loading areas adjacent to the Premises, landscaping and irrigation systems (if any), and all paved surfaces and parking lots (including striping of the parking lot and preventing potholes and other surface inadequacies based on the intended purpose of such paved surfaces and parking lots) in good, clean, rubbish-free condition, free from waste and nuisance at all times, reasonable wear and tear and damage by casualty excepted. Tenant shall, subject to Landlord's maintenance responsibilities provided for above, make all needed repairs, including without being limited to, maintenance of all direct utility connections and replacement of any cracked or broken windows or other glass. Tenant shall, at Tenant's expense, keep in repair good working condition the heating, ventilating, and replace when necessaryair conditioning systems, the plumbingsprinkler system, heating, air conditioning, ventilation and electrical fixtures, equipment and systems and the foundation, lateral support, roof, walls, structural parts and all exterior parts of the premises and of any building in which the premises are locatedif any, and the floors water heater, maintaining, repairing, and windows replacing such items as may be necessary from time to time, reasonable wear and tear and damage by casualty excepted. Tenant shall comply at its sole cost and expense with all governmental laws, ordinances, and regulations which are in integral part must be complied with by reason of the premises. nature of the use of the Premises by Tenant, except that Tenant shall not be required obligated to make any repairs structural changes or alterations to the Premises in order to comply therewith unless made necessary by the negligent acts act or omission of Landlord Tenant, in which event Tenant shall comply at its expense in accordance with plans and specifications approved by Landlord. If any repairs or its agents, employees or invitees.
b. If Tenant is replacements required to repair, alter, remove, reconstruct, or improve any part of the premises covered by this lease, the same shall be made by Tenant with reasonable dispatch and with minimum interference of Tenant's business.
c. Landlord shall promptly notify Tenant of any defective condition which Tenant is required to repair by the terms of this Lease. Within hereunder are not made within fifteen (15) days of notice, Tenant shall start and continue the repairs with due diligence until completed. If Tenant fails to do so, the repairs may be made or completed by Landlord and the actual expenses shall be billed after written notice delivered to Tenant by Landlord. If emergency repairs are necessary for the preservation of the premises or Landlord's property, Landlord may may, at its option, make such repairs and charge their costs and expenses or replacements without liability to Tenant. In the event Tenant for any loss or damage which may result to its stock or business by reason of such emergencyrepairs or replacements, Landlord shall make reasonable efforts to notify Tenant before proceeding with repairs.
d. and Tenant shall keep pay to Landlord upon demand as additional rental hereunder the interior cost of such repairs and replacements, plus interest at a rate equal to the lower of eight percent (8%) per annum, or the maximum rate permitted by the usury laws of the premises in as good order and condition as when deliveredState of Texas, excepting ordinary wear and tear, damage from the date of payment by fire, elements, or casualty, or any damage not due to Landlord until Landlord is repaid by Tenant's negligence. Tenant shall further be responsible for the repair and maintenance of all doors and windows and for keeping the premises' sidewalks free of ice and snow.
Appears in 2 contracts
Samples: Lease Agreement (H R Window Supply Inc), Lease Agreement (H R Window Supply Inc)
Maintenance by Tenant. a. Except as otherwise expressly set forth under the provisions of Section 9.1, Tenant shall maintain at all times keep the Premises (including all entrances and keep in repair vestibules) and replace when necessaryall partitions, the plumbingwindows and window frames and moldings, heatingsigns, air conditioningglass, ventilation and electrical doors, door openers, fixtures, equipment and appurtenances thereof (including lighting, heating, electrical, plumbing, ventilating and air conditioning fixtures and systems and the foundation, lateral support, roof, walls, structural parts other mechanical equipment and appurtenances) and all exterior parts of the premises Premises not required herein to be maintained by Landlord, in good order, condition and of any building in which the premises are locatedrepair, and clean, orderly, sanitary and safe, normal wear and tear and damage or destruction by fire or other casualty or condemnation or eminent domain excepted, and except for damage thereto due to the floors act or omissions of Landlord, its employees, agents or contractors (including, but not limited to, doing such things as are necessary to cause the Premises to comply in all material respects with applicable laws, ordinances, rules, regulations and windows which are orders of governmental and public bodies and agencies, such as, but not limited to, the Xxxxxxxx-Xxxxxxx Occupational Safety and Health Act) subject to the limitations set forth in integral part of the premisesnext sentence. Notwithstanding anything contained herein to the contrary, Tenant shall not be required to make any repairs made necessary by structural alterations to those portions of the negligent acts of Premises which Landlord or its agents, employees or invitees.
b. If Tenant is required to maintain pursuant to Section 9.1 hereof, unless arising from Tenant's Work, subsequent alterations performed by Tenant, or Tenant's specific use of the Premises. Tenant shall also be responsible, at Tenant's expense, for the repair, alter, remove, reconstruct, or improve any part maintenance and replacement of the premises covered Structure (as that term is defined in Section 3.2). During the term of this Lease, Tenant agrees to employ a suitable contractor to perform Tenant's obligations for maintenance of the heating, cooling and ventilating units on the Premises and a suitable contractor to perform Tenant's obligations for maintenance of all fire protection systems within the Premises. Such maintenance shall include at least semi-annual inspections and cleaning of said units and systems, together with such adjustments and servicing as each such inspection discloses to be required and, in addition, all repairs, testing and servicing as shall be necessary or reasonably required by this leaseLandlord or Landlord's insurance underwriter. A suitable contractor shall be one who is reliable and capable of performing Tenant's obligations hereunder and approved by Landlord, which approval shall not be unreasonably withheld. If replacement of equipment, fixtures and appurtenances thereto are necessary, Tenant shall replace the same shall be made with equipment, fixtures and appurtenances of the same quality, and repair all damage done in or by Tenant with reasonable dispatch and with minimum interference such replacement. In the event the HVAC system or any structural component of Tenant's business.
c. Landlord shall promptly notify Tenant of any defective condition which Tenant the Structure is required to repair be replaced by Tenant during the terms last two years of this the Lease Term (as such term may be extended pursuant to Option 1 and Option 2), Landlord agrees that it will, upon the termination of the Lease, reimburse Tenant for the unamortized capital expenses incurred by Tenant in connection with such installation or replacement. Within fifteen Such capital expenditures shall be amortized over the useful life of such capital expenditure in accordance with generally accepted accounting principles. In order for Tenant to avail itself of the benefits of such reimbursement, it is agreed that Tenant shall, prior to incurring any such capital expenditures, provide Landlord with notice of and an opportunity to approve such proposed capital expenditure. Landlord agrees that it will not unreasonably withhold or delay such approval. The interior of the Premises shall be painted or otherwise refurbished (15including, but not limited to, signs, floor and wall coverings) days of noticeby Tenant as and when reasonably necessary to keep the Premises in first class condition, Tenant shall start and continue consistent with other restaurants in the repairs with due diligence until completedRetail Area. If Tenant fails to do soperform its obligations hereunder, Landlord, following the repairs may notice and opportunity to cure provided for in Article XVIII hereof and Tenant's failure to cure during such period, may, but shall not be made obligated to, perform work resulting from Tenant's acts or completed by Landlord omissions and add the actual expenses cost of the same (which shall be billed deemed to Tenant by Landlord. If emergency repairs are necessary for be Additional Rent) to the preservation next installment of the premises or Landlord's propertyBase Rent due hereunder; provided however, Landlord may make such repairs and charge their costs and expenses to Tenant. In no notice shall be required in the event of such emergency, Landlord shall make reasonable efforts to notify Tenant before proceeding with repairsan emergency situation.
d. Tenant shall keep the interior of the premises in as good order and condition as when delivered, excepting ordinary wear and tear, damage by fire, elements, or casualty, or any damage not due to Tenant's negligence. Tenant shall further be responsible for the repair and maintenance of all doors and windows and for keeping the premises' sidewalks free of ice and snow.
Appears in 2 contracts
Samples: Retail Lease (New York Restaurant Group Inc), Retail Lease (Smith & Wollensky Restaurant Group Inc)
Maintenance by Tenant. a. Tenant shall maintain and at all times keep in good order, condition and repair and replace (which shall include the providing of replacements when necessary) the entire Premises and the interior portions of the Building (excepting only the interior portions of the Building being leased by other parties) including, without limitation, the plumbingexterior and all glass and show window moldings; and all partitions, heatingdoors, air conditioninginterior walls, ventilation and electrical fixtures, equipment and systems appurtenances thereto, including lighting, heating and plumbing fixtures serving the foundationPremises only and any air conditioning system and sprinkler system situated within and/or servicing the Premises, lateral supportreasonable and ordinary wear and tear excepted. Said maintenance by Tenant shall include, roofwithout limitation, walls, structural parts periodic painting as is reasonably necessary. All cutting and all exterior parts patching of the premises roof area required for any reason whatsoever for Tenant’s use and of any building in which the premises are located, and the floors and windows which are in integral part occupancy of the premises. Tenant Premises shall not be required to make any repairs made necessary performed by the negligent acts of Landlord or its agents, employees or invitees.
b. If Tenant is required to repair, alter, remove, reconstruct, or improve any part of the premises covered by this lease, the same shall be made by Tenant with reasonable dispatch and with minimum interference of Tenant's business.
c. Landlord shall promptly notify Tenant of any defective condition which Tenant is required to repair by the terms of this Lease. Within fifteen (15) days of notice, Tenant shall start and continue the repairs with due diligence until completed. If Tenant fails to do so, the repairs may be made or completed by Landlord and the actual expenses shall be billed to Tenant by Landlord. If emergency repairs are necessary for the preservation of the premises or Landlord's property, Landlord may make such repairs and charge their costs and expenses to Tenant’s roofing subcontractor. In the event of that Tenant causes such emergencywork to be performed by anyone other than the Landlord’s roofing subcontractor, Landlord shall make reasonable efforts will have the right, at Tenant’s sole cost and expense and without notice to notify Tenant before proceeding with Tenant, to cause said work and the roof area affected thereby to be inspected and/or repaired by Landlord’s roofing subcontractor. All repairs.
d. Tenant shall keep the interior , replacements, or maintenance of any item or any type of the premises in as good order Premises (other than the roof, building structure and condition as when delivered, excepting ordinary wear any capital improvements thereto) is the responsibility of the Tenant and tear, damage to be paid for by fire, elements, or casualty, or any damage not due to Tenant's negligence. Tenant shall further be responsible entitled to recover from the Condominium Association the costs of all repairs above and beyond Tenant’s Proportionate Share made by Tenant to the roof and structural portions of the Building (excepting those repairs made either for the repair and maintenance of all doors and windows and for keeping benefit of, or due to damage caused by, the premises' sidewalks free of ice and snowTenant).
Appears in 2 contracts
Samples: Lease (Radiation Therapy Services Holdings, Inc.), Lease (Radiation Therapy Services Holdings, Inc.)
Maintenance by Tenant. a. Tenant shall Subject to Landlord’s maintenance and repair obligations set forth in Section 7.1, Tenant, at Tenant’s expense, will keep and maintain in good order, condition and keep in repair the improvements to the Premises and replace when necessaryevery part thereof, including, without limiting the generality of the foregoing, all plumbing, heatingHVAC, air conditioningelectrical and lighting facilities and equipment within the Premises, ventilation any intra-Building telephone and electrical network cabling installed to exclusively serve the Premises, whether or not fully contained within the Premises, fixtures, equipment interior walls and systems and the foundation, lateral support, roof, interior surfaces of exterior walls, structural parts ceilings, windows, doors, plate and window glass (except the exterior), moldings, floor covering, water coolers, whether installed or owned by Landlord or Tenant. Tenant will repair all exterior parts damage or injury to the Building or to fixtures, appurtenances, and equipment of the premises and Building caused by Tenant’s installation or removal of its property or resulting from any building in which the premises are locatedacts or conduct of Tenant, and the floors and windows which are in integral part of the premises. Tenant shall not be required to make any repairs made necessary by the negligent acts of Landlord or its employees, contractors, agents, employees licensees, or invitees.
b. If Tenant is required to repair, alter, remove, reconstruct, or improve any part of the premises covered by this lease, the same shall be made by Tenant with reasonable dispatch and with minimum interference of Tenant's business.
c. Landlord shall promptly notify Tenant of any defective condition which Tenant is required to repair by the terms of this Lease. Within fifteen (15) days of notice, Tenant shall start and continue the repairs with due diligence until completed. If Tenant fails to do so, the repairs may be made or completed by Landlord and the actual expenses shall be billed to Tenant by Landlord. If emergency repairs are necessary for the preservation of the premises or Landlord's property, Landlord may make such repairs and charge their costs and expenses to Tenant. In the event of that Tenant fails to keep and maintain the Premises in good order, condition and repair while this Lease is in effect, and Tenant fails to make necessary maintenance and repairs as soon as commercially reasonable after notice by Landlord, then Landlord may, if the same remains uncured within thirty (30) days after written notice to Tenant, restore the Premises to such emergency, Landlord shall make reasonable efforts to notify Tenant before proceeding with repairs.
d. Tenant shall keep the interior of the premises in as good order and condition as when delivered, excepting ordinary wear and tear, make such repairs without liability to Tenant for any loss or damage by fire, elements, or casualty, or any damage not due that may accrue to Tenant's negligence’s property or business by reason thereof, and Tenant will pay Landlord upon demand as Additional Rent the cost of restoring the Premises to such order and condition (and included in such cost will be an eight percent (8%) fee for overhead and administration). Notwithstanding anything contained herein to the contrary, in the event any necessary maintenance or repair item cannot be completed within thirty (30) days following Landlord’s notice to Tenant, but Tenant undertakes such maintenance and repair within such thirty (30) day period and diligently pursues the same to completion, Landlord shall further be responsible for not have the right to restore or repair and maintenance of all doors and windows and for keeping the premises' sidewalks free of ice and snowPremises as provided herein.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement (Sonic Foundry Inc)
Maintenance by Tenant. a. (a) It is Understood and agreed that Tenant is to have the exclusive charge, custody, control and possession of the demised premises and every part thereof, and the sidewalk in front of and bordering said Premises insofar as the owner premises ordinarily has control of said sidewalk. Landlord shall not be obligated to furnish heat, light, power or any other service whatsoever other than as hereinafter agreed. Landlord shall not be liable for any damage, loss or injury occurring during the term of the Lease to the personal property or effects of Tenant or any other person suffered in, on or about the demised premises by reason of at present, future, latent or other defects in the condition of the demised premises unless caused or occasioned by the negligence or willful act of the Landlord or its agents. Likewise, Tenant shall maintain not be liable for any damage, loss or injury occurring during the term of this Lease to the personal property or effects of Landlord or any other person or corporation suffered in, on or about the Shopping Center premises (excluding demised premises).
(b) Tenant, at as own expense, shall make all necessary repairs and keep in repair and replace when necessaryreplacements to the pipes, the plumbingheating system, heatingplumbing system, air conditioningwindow glass, ventilation and electrical fixtures, equipment and systems and the foundation, lateral supportwalls, roof, wallsfoundations, structural parts mechanical system, and all exterior parts other appliances and appurtenances belonging thereto, to all equipment used in connection with the demised premises, and to all other portions of the demised premises. Such repairs and replacements, interior and exterior, ordinary as well as extraordinary, and structural as well as nonstructural, shall be made promptly, as and when necessary. All repairs and replacements shall be in quality and class at least equal to the original work. Tenant also, at all times during the term, at its own expense, shall put and maintain in thorough repair and in good and safe condition all portions of the demised premises and keep them in clean and orderly condition, free of any building in which the premises are locateddirt, rubbish, snow, ice and the floors and windows which are in integral part of the premisesunlawful obstructions at all times. Tenant Landlord shall not be required to furnish any services or facilities or to make any repairs made necessary by repair or alteration in or to any building or other improvements contained within the negligent acts of Landlord or its agentsdemised premises. Tenant hereby assumes the full and sole responsibility for the condition, employees or invitees.
b. If Tenant is required to operation, repair, alterreplacement, removemaintenance, reconstruct, or improve any part and management of the demised premises covered by this lease, with the same shall be made by Tenant with reasonable dispatch and with minimum interference exception of Tenant's business.
c. the common area shown on Exhibit “A”. Landlord shall promptly notify Tenant have all plumbing, electrical, heating and air conditioning and electrical inspected by reputable company prior to the Commencement of any this Lease and repair or replace all defective condition which Tenant is required electrical, plumbing or heating and air conditioner parts prior to repair by the terms Commencement of this Lease. Within fifteen .
(15c) days In connection with the requirements of noticethis Section, Tenant shall start agrees to obtain and continue maintain from a reputable company a maintenance contract on the repairs heating and air conditioning systems and to furnish Landlord with due diligence until completed. If Tenant fails to do so, a copy of said contract on the repairs may be made or completed by Landlord and the actual expenses shall be billed to Tenant by Landlord. If emergency repairs are necessary for the preservation of the premises or Landlord's property, Landlord may make such repairs and charge their costs and expenses to Tenant. In the event of such emergency, Landlord shall make reasonable efforts to notify Tenant before proceeding with repairsCommencement Date.
d. (d) Tenant shall keep the interior of the premises in as good order and condition as when deliveredagrees that it will, excepting ordinary wear and tearat Tenant’s expense, damage comply with any mandatory preventive maintenance items required by fire, elementsinsurance carrier rating authorities, or casualty, or any damage not due public officials to Tenant's negligence. Tenant shall further be responsible for minimize loss frequency and/or severity within the repair and maintenance of all doors and windows and for keeping the premises' sidewalks free of ice and snowLeased Premises.
Appears in 1 contract
Samples: Lease (First Bankshares, Inc.)
Maintenance by Tenant. a. Tenant shall maintain agrees to be responsible for all cleaning, maintenance, replacements and repairs necessary to keep in repair and replace when necessarythe Leased Premises, including but not limited to the plumbing, heating, air conditioning, ventilation and air-conditioning, plumbing systems, electrical fixturessystems, equipment sprinklers, glass, window panes, doors, walkways adjacent to the premises, exclusively used loading docks and systems driveways or areas lying within the boundary of the hatched area as depicted on Exhibit "B" hereof in a good state of repair and tenantable condition, except for the foundationfollowing cleaning, lateral supportmaintenance, replacement or repair which shall remain the Landlord's sole responsibility:
(a) All maintenance, replacements and repairs to the roof, wallsouter walls (exclusive of glass, window panes and doors), and structural parts and all exterior parts portions of the premises and of any buildings which shall be necessary to maintain the building in which a safe, dry and tenantable condition and in good order and repair; and
(b) All repairs, maintenance or replacements of or to the premises are locatedunderground utility installations and underground electrical conduit and wire of the Leased Premises, and the floors and windows which are in integral part of the premises. Tenant shall not be required to make any repairs made necessary occasioned by the negligent acts of Landlord or its agents, employees or invitees.
b. If Tenant is required to repair, alter, remove, reconstruct, or improve any part of the premises covered by this lease, the same shall be made by Tenant with reasonable dispatch and with minimum interference of Tenant's business.
c. Landlord shall promptly notify Tenant of any defective condition which Tenant is required to repair by the terms of this Lease. Within fifteen (15) days of notice, Tenant shall start and continue the repairs with due diligence until completed. If Tenant fails to do so, the repairs may be made or completed by Landlord and the actual expenses shall be billed to Tenant by Landlord. If emergency repairs are necessary for the preservation settlement of the premises or Landlord's propertya portion thereof, Landlord may make such repairs or caused by soil conditions; and
(c) A11 repairs, replacement, maintenance and charge their costs and expenses to Tenant. In the event of such emergency, Landlord shall make reasonable efforts to notify Tenant before proceeding with repairs.
d. Tenant shall keep the interior cleaning of the premises in as common areas not hatched on Exhibit B
(d) During the first lease year of this lease Landlord agrees to pay any amount exceeding Five Hundred Dollars ($500.00) for repairs to major component parts of the HVAC. Tenant agrees to contract with a good order and condition as when deliveredreputable HVAC maintenance company, excepting ordinary wear and tearapproved by the Landlord, damage by fire, elements, or casualty, or any damage not due to Tenant's negligenceprovide no less than quarterly maintenance inspections of the Leased Premises' HVAC equipment. Tenant shall further be responsible for maintaining the repair and maintenance of all doors and windows HVAC in good working order and for keeping all repairs and replacements after the premises' sidewalks free first lease year. Tenant also agrees when determined by Landlord to perform all necessary cleaning, maintenance, replacements or repairs to the Leased Premises which the Landlord deems necessary for the overall maintenance and appearance of ice and snowthe Shopping Center. Tenant shall commence such cleaning, maintenance, replacements or repairs or a course of action reasonably expected to cause such cleaning, maintenance, replacements or repairs to be completed within five (5) business days from the receipt of notice from Landlord to cause such cleaning, maintenance, replacements or repairs to be completed.
Appears in 1 contract
Samples: Lease (Americasbank Corp)
Maintenance by Tenant. a. A. Tenant shall shall, at its expense and risk, maintain and keep in repair and replace when necessary, the plumbing, heating, air conditioning, ventilation and electrical fixtures, equipment and systems and the foundation, lateral support, roof, walls, structural parts and all exterior other parts of the premises building and of any building other improvements on the Leased Premises in which good repair and condition, including, but not limited to, repairs (including all necessary replacements) to the premises are locatedinterior plumbing, windows, window glass, plate glass, doors, heating system, air conditioning equipment and the floors and windows which are in integral part of the premises. Tenant shall not be required to make any repairs made necessary by the negligent acts of Landlord or its agents, employees or invitees.
b. If Tenant is required to repair, alter, remove, reconstruct, or improve any part of the premises covered by this lease, the same shall be made by Tenant with reasonable dispatch and with minimum interference of Tenant's business.
c. Landlord shall promptly notify Tenant of any defective condition which Tenant is required to repair by the terms of this Lease. Within fifteen (15) days of notice, Tenant shall start and continue the repairs with due diligence until completed. If Tenant fails to do so, the repairs may be made or completed by Landlord and the actual expenses shall be billed to Tenant by Landlord. If emergency repairs are necessary for the preservation of the premises or Landlord's property, Landlord may make such repairs and charge their costs and expenses to Tenant. In the event of such emergency, Landlord shall make reasonable efforts to notify Tenant before proceeding with repairs.
d. Tenant shall keep the interior of the premises Leased Premises in as good order general. Should Tenant be required to replace any of the aforementioned items, then Landlord and condition as when delivered, excepting ordinary wear Tenant agree to prorate the cost thereof based on the value of the unused portion of the useful life of the item and tear, damage by fire, elements, the length remaining under the term of the Lease. The useful life of each major component of the heating and air conditioning equipment shall be agreed to in writing on or casualty, before the Commencement Date. Tenant must obtain Landlord's approval of the replacement of the item before incurring the cost thereof. The Tenant shall be responsible for usual and customary maintenance of the septic system. The Landlord shall be liable for repair or any damage not due to Tenant's negligencereplacement of the septic system. Tenant shall further be responsible for maintain the landscaping and the parking area (sealing and patching, when necessary).
B. Tenant shall throughout the Lease term take good care of the Leased Premises and other improvements and keep them free from waste or nuisance, and properly service and maintain the heating and air conditioning equipment and shall deliver up the premises broom clean at the termination of this Lease in good repair and condition (reasonable wear and tear excepted).
C. In the event Tenant or Landlord should neglect to fulfill their respective maintenance of all doors obligations hereunder after written notice from the other party, then the other party shall have the right (but not the obligation) to cause repairs or corrections to be made and windows and for keeping any reasonable costs therefore shall be payable by Tenant or offset against rent by Tenant, as the premises' sidewalks free of ice and snowcase may be, on the next rental installment date.
Appears in 1 contract
Samples: Lease Agreement (Ace Hardware Corp)
Maintenance by Tenant. a. Tenant shall maintain at all times from and keep after the Commencement Date and at its own cost and expense, repair, replace, maintain, and clean in repair good and replace when necessarytenantable condition all components of the Premises that serve exclusively the Premises including, the plumbingwithout limitation, heatingfloor covering, all fixtures, air conditioningconditioning and heating equipment serving the Premises, ventilation and electrical fixturesother equipment therein the Premises, equipment all Tenant’s signs, locks and systems and the foundationclosing devices, lateral support, roof, walls, structural parts and all exterior parts window sash, casement or frames, door and door frames, security grills or similar enclosures, and all such items of repair, maintenance and improvement or reconstruction as may at any time or from time to time be required by a governmental agency having jurisdiction thereof. Glass within the entry door to the Premises and any glass sidelights at the entry to the Premises shall exist at the sole risk of Tenant and shall be regularly cleaned inside and outside by Tenant, and any glass broken or damaged shall be promptly replaced by Tenant with glass of the premises same kind, size and of any building in which the premises are located, and the floors and windows which are in integral part of the premisesquality. Tenant shall not be required also repair any damage in connection with any burglary or forcible entry into the Premises at the Tenant’s sole expense. If Tenant refuses or neglects to make any repairs made necessary by and/or maintain the negligent acts of Landlord or its agents, employees or invitees.
b. If Tenant is required to repair, alter, remove, reconstructPremises, or improve any part of the premises covered by this leasethereof, the same shall be made by Tenant with reasonable dispatch and with minimum interference of Tenant's business.
c. in a manner reasonably satisfactory to Landlord, Landlord shall promptly notify have the right, after giving Tenant of any defective condition which Tenant is required to repair by the terms of this Lease. Within fifteen (15) days written notice of notice, Tenant shall start and continue the repairs with due diligence until completed. If Tenant fails its election to do so, the repairs may to make or cause to be made such repairs or completed by Landlord perform such maintenance/replacement/repair(s) on behalf of and the actual expenses shall be billed to Tenant by Landlord. If emergency repairs are necessary for the preservation account of the premises or Landlord's property, Landlord may make such repairs and charge their costs and expenses to Tenant. In such event, such work shall be paid for by Tenant immediately upon receipt of a bxxx therefore, plus an additional twenty percent (20%) administration charge payable by Tenant to Landlord. Any damage to adjacent premises or the event of such emergency, Landlord shall make reasonable efforts to notify Tenant before proceeding with repairs.
d. Tenant shall keep the interior Common Areas caused by Tenant’s use of the premises in as good order Premises shall be repaired at the sole cost and condition as when delivered, excepting ordinary wear and tear, damage by fire, elements, or casualty, or any damage not due to expense of Tenant's negligence. Tenant shall further be responsible for the repair and maintenance of all doors and windows and for keeping the premises' sidewalks free of ice and snow.
Appears in 1 contract
Maintenance by Tenant. a. Tenant shall maintain and keep in repair and replace when necessary, the plumbing, heating, air conditioning, ventilation and electrical fixtures, equipment and systems and the foundation, lateral support, roof, walls, structural parts and all exterior parts of the premises and of any building in which the premises are located, and the floors and windows which are in integral part of the premises. Tenant shall not be required to make any repairs made necessary by the negligent acts of Landlord or its agents, employees or invitees.
b. If Tenant is required to repair, alter, remove, reconstruct, or improve any part of the premises covered by this lease, the same shall be made by Tenant with reasonable dispatch and with minimum interference of Tenant's business.
c. Landlord shall promptly notify Tenant of any defective condition condition, which Tenant is required to repair by the terms of this Lease. Within fifteen (15) days of notice, Tenant shall start and continue the repairs with due diligence until completed. If If, Tenant fails to do so, the repairs may be made or completed by Landlord and the actual expenses shall be billed to Tenant by Landlord. If emergency repairs are necessary for the preservation of the premises or Landlord's property, Landlord may make such repairs and charge their costs and expenses to Tenant. In the event of such emergency, Landlord shall make reasonable efforts to notify Tenant before proceeding with repairs.
d. Tenant shall keep the interior of the premises in as good order and condition as when delivered, excepting ordinary wear and tear, damage by fire, elements, or casualty, or any damage not due to Tenant's negligence. Tenant shall further be responsible for the repair and maintenance of all doors and windows and for keeping the premises' sidewalks free of ice and snow.
Appears in 1 contract
Samples: Lease Agreement (Jore Corp)
Maintenance by Tenant. a. Tenant shall shall, at its sole expense, (1) --------------------- keep and maintain in good order and keep in repair condition, repair, and replace when necessarythe Building, the plumbingand every part thereof, heatingincluding glass, air conditioningwindows, ventilation window frames, skylights, interior and electrical fixtures, equipment exterior doors and systems and the foundation, lateral support, roof, walls, structural parts and all exterior parts door frames of the premises and of any building in which the premises are locatedBuilding, and the floors and windows which are in integral part interior of the premisesBuilding, (excepting only those portions of the Building to be maintained, repaired or replaced by Landlord as provided in Paragraph 12(a) above), (2) keep and maintain in good order and condition, repair, and replace all utility and plumbing systems, fixtures and equipment, including without limitation, electricity, gas, water, and sewer, located in or on the Building, and furnish all expendables, including light bulbs, paper goods and soaps, used in the Building, (3) repair all damage to the Building or the Outside Areas occurring during the term of this Lease or the term of the Previous Lease caused by the negligence or willful misconduct of Tenant or its agents, employees, contractors or invitees. Tenant shall not be required do anything to make cause any repairs made necessary damage, deterioration or unsightliness to the Building or the Outside Areas. Landlord agrees prior to the Commencement Date to have the heating, ventilation and air conditioning system and equipment serving the Building ("HVAC") serviced by the negligent acts of Landlord or a licensed mechanical contractor and brought up to good working order. Thereafter, Tenant, at its agentssole cost, employees or invitees.
b. If Tenant is required to repair, alter, remove, reconstruct, or improve any part of the premises covered by this lease, the same shall be made by Tenant with reasonable dispatch and with minimum interference of Tenant's business.
c. Landlord shall promptly notify Tenant of any defective condition which Tenant is required to repair by the terms of this Lease. Within fifteen (15) days of notice, Tenant shall start and continue the repairs with due diligence until completed. If Tenant fails to do so, the repairs may be made or completed by Landlord and the actual expenses shall be billed to Tenant by Landlord. If emergency repairs are necessary for the preservation of the premises or Landlord's property, Landlord may make such repairs and charge their costs and expenses to Tenant. In the event of such emergency, Landlord shall make reasonable efforts to notify Tenant before proceeding with repairs.
d. Tenant shall keep the interior of the premises and maintain in as good order and condition as when deliveredand repair the HVAC; provided, excepting ordinary wear however, Landlord at its sole cost and tear, damage by fire, elements, or casualty, or expense for a period of ninety (90) days after the Commencement Date shall maintain and make any damage not due repairs required to Tenant's negligencethe HVAC during said ninety (90) day period. Tenant at its sole cost and expense, shall further be responsible contract with a licensed mechanical contractor reasonably acceptable to Landlord to provide a program of preventative maintenance for the repair HVAC and maintenance shall provide Landlord with evidence of all doors such program. If at any time during the Term of this Lease it is determined by a licensed mechanical contractor approved by Landlord that the HVAC or a portion thereof is no longer operational and windows must be replaced, and the cost of such replacement does not exceed Twelve Hundred Dollars ($1,200.00), then Tenant shall pay the cost of such replacement. If at any time during the Term of this Lease it is determined by a licensed mechanical contractor approved by Landlord that the HVAC or a portion thereof is no longer operational and must be replaced, and the cost of such replacement is in excess of Twelve Hundred Dollars ($1,200.00) then Landlord shall pay the cost of such replacement and Tenant shall reimburse Landlord for keeping such costs as follows: the premises' sidewalks free cost of ice such replacement shall in accordance with generally accepted accounting principles consistently applied be amortized on a monthly basis over the useful life of the replacement together with interest thereon at the rate on ten percent (10%) per annum and snowTenant shall pay to Landlord as Additional Rent hereunder such amortized amount for each month after such replacement is completed until the earlier of (i) the expiration of the Term or (ii) the end of the amortization period.
Appears in 1 contract
Samples: Sublease Agreement (Scios Inc)
Maintenance by Tenant. a. Tenant shall, at its own expense, maintain in good --------------------- condition or repair all structural and non-structural elements of the Premises. Tenant shall, at its own expense, keep and maintain all portions of the Premises in good order and repair, and in as safe and clean a condition as they were when received by Tenant from Landlord. Tenant's obligation to repair shall maintain and keep in repair and replace when necessaryinclude, but not be limited to, the structure, roof, parking area, surrounding landscaped area, hydro-patio area, plumbing, heating, air conditioning, ventilation telephone, utilities, waters, electricity, appliances, security, termite, interior and electrical fixtures, equipment and systems and the foundation, lateral support, roof, exterior walls, structural parts floor coverings, ceilings, the exterior and interior portions of all exterior parts of the premises doors, paved driveways, adjacent sidewalks, and parking areas, etc. Landlord shall incur no expense nor have any obligation of any building kind whatsoever in which connection with the premises are located, repair and the floors and windows which are in integral part maintenance of the premises. Tenant expressly waives the benefit of any statute now or hereinafter in effect which would otherwise afford to Tenant the right to make repairs at Landlord's expense, or to terminate this lease because of Landlord's failure to keep the premises in good order, condition or repair. Further Tenant shall not be required to make any repairs made necessary by use or permit the negligent acts of Landlord or its agents, employees or invitees.
b. If Tenant is required to repair, alter, remove, reconstruct, or improve any part use of the premises covered by this lease, the same shall be made by Tenant with reasonable dispatch and with minimum interference of Tenant's business.
c. Landlord shall promptly notify Tenant of in any defective condition which Tenant is required manner that will tend to repair by the terms of this Lease. Within fifteen (15) days of notice, Tenant shall start and continue the repairs with due diligence until completedcreate waste or a nuisance. If Tenant fails to do so, the repairs may be made or completed by Landlord and the actual expenses shall be billed to Tenant by Landlord. If emergency deems that any repairs are necessary for the preservation of the premises or Landlord's propertynecessary, Landlord may make a written demand that Tenant's make the same forthwith and if the Tenant refuses or neglects to commence such repairs and charge their costs and expenses to Tenant. In the event of within thirty (30) days after such emergency, Landlord shall make reasonable efforts to notify Tenant before proceeding with repairs.
d. Tenant shall keep the interior of the premises in as good order and condition as when delivered, excepting ordinary wear and tear, damage by fire, elementsdemand, or casualtyto complete the same with reasonable diligence, the Landlord may make or cause such repairs to be made and shall not be responsible to the Tenant for any loss or damage not due which may occur to Tenant's business by reason thereof except as caused by Landlord's negligence. ; and if the Landlord makes or causes such repairs to be made, the Tenant shall further be responsible for on demand pay the repair and maintenance of all doors and windows and for keeping Landlord the premises' sidewalks free of ice and snowcost thereof with legal interest.
Appears in 1 contract
Maintenance by Tenant. a. Tenant shall maintain and keep in repair and replace when necessaryTenant, the plumbingat its own expense, heating, air conditioning, ventilation and electrical fixtures, equipment and systems and the foundation, lateral support, roof, walls, structural parts and all exterior parts of the premises and of any building in which the premises are located, and the floors and windows which are in integral part of the premises. Tenant shall not be required to make any repairs made necessary by the negligent acts of Landlord or its agents, employees or invitees.
b. If Tenant is required to repair, alter, remove, reconstruct, or improve any part of the premises covered by this lease, the same shall be made by Tenant with reasonable dispatch and with minimum interference of Tenant's business.
c. Landlord shall promptly notify Tenant of any defective condition which Tenant is required to repair by the terms of this Lease. Within fifteen (15) days of notice, Tenant shall start and continue the repairs with due diligence until completed. If Tenant fails to do so, the repairs may be made or completed by Landlord and the actual expenses shall be billed to Tenant by Landlord. If emergency repairs are necessary for the preservation of the premises or Landlord's property, Landlord may make such repairs and charge their costs and expenses to Tenant. In the event of such emergency, Landlord shall make reasonable efforts to notify Tenant before proceeding with repairs.
d. Tenant shall keep the interior of the premises Premises in as good order repair, decorated and in tenantable condition as when delivered, excepting ordinary wear during the entire term of the Lease and tear, shall promptly and adequately repair all damage to the Premises using labor and material approved by fire, elements, or casualty, or any damage not due to Tenant's negligenceLandlord. Tenant shall further be responsible for the repair and maintain the heating, air conditioning, ventilating, electrical, plumbing equipment and services within the Premises; Landlord represents and warrants that all of the foregoing systems and equipment shall be in good working order on the commencement date. In the event Tenant fails or refuses to maintain Premises or make such repairs or replacements, Landlord may (but shall not be obligated to), following five (5) days prior written notice to Tenant and Tenant's failure to cure within such period, make such repairs or repxxxxxxnts, and the cost thereof shall be considered additional rent, payable by Tenant upon demand. Landlord shall warrant and guarantee, at it's sole expense, the heating and air conditioning equipment within the demised premises during the first twelve (12) months of this Lease, provided that Tenant HAS a qualified heating and air conditioning TECHNICIAN perform preventive maintenance to the equipment at Tenant's sole expense AND CAN DOCUMENT SAID MAINTENANCE. Furthermore, provided Tenant has PERFORMED THE REQUIRED preventative maintenance, Landlord and Tenant shall prorate the cost of all doors and windows and for keeping any repair or replacement of the premises' sidewalks free equipment upon the percentage of ice and snowtime the Tenant had use of the equipment vs the age of the equipment at the time of failure. IF, AT ANY TIME DURING THE LEASE TERM, TENANT IS NOTIFIED BY ANY GOVERNMENTAL AUTHORITY TO CORRECT ANY CODE VIOLATION THAT EXISTED PRIOR TO TENANT'S OCCUPANCY, LANDLORD SHALL BE RESPONSIBLE FOR CORRECTING SAID VIOLATION.
Appears in 1 contract
Maintenance by Tenant. a. (a) Tenant shall keep and maintain the entire Leased Premises in good order, condition, and keep in repair and free of trash and shall comply with Applicable Laws with respect to the manner of its use, occupancy and enjoyment of the Leased Premises. Tenant shall, at its sole cost and expense, maintain, repair, and replace when necessary, the plumbing, heating, air conditioning, ventilation and electrical all fixtures, equipment equipment, improvements and systems and in the foundation, lateral support, Leased Premises (which shall include the roof, walls, structural parts downspouts and all exterior parts gutters of the premises and of any building in which the premises are located, and the floors and windows which are in integral part of the premisesBuilding). Tenant shall not be required to make any repairs made necessary by the negligent acts of Landlord or its agents, employees or invitees.
b. If Tenant is required to repair, alter, remove, reconstruct, or improve any part of the premises covered by this lease, the same shall be made by Tenant with reasonable dispatch and with minimum interference of Tenant's business.
c. Landlord shall promptly notify Tenant of any defective condition which Tenant is required to repair by the terms of this Lease. Within fifteen (15) days of notice, Tenant shall start and continue the repairs with due diligence until completed. If Tenant fails to do so, the repairs may be made or completed by Landlord and the actual expenses shall be billed to Tenant by Landlord. If emergency repairs are necessary for the preservation of the premises or Landlord's property, Landlord may make such repairs and charge their costs and expenses to Tenant. In the event of such emergency, Landlord shall make reasonable efforts to notify Tenant before proceeding with repairs.
d. Tenant shall keep the interior of the premises in as good order and condition as when delivered, excepting ordinary wear and tear, damage by fire, elements, or casualty, or any damage not due to Tenant's negligence. Tenant shall further be responsible for the repair and maintenance of any HVAC system located on the Leased Premises. Tenant shall be responsible for all doors operation and windows maintenance costs associated with its occupancy of the Leased Premises. Notwithstanding anything to the contrary contained in this Lease, it is specifically understood and agreed that Tenant shall be responsible, at Tenant’s sole cost and expense, for trash removal from the Leased Premises, and for keeping the premises' sidewalks free maintenance, repair and replacement (including, but not limited to, lighting, snow removal and striping) of ice the parking lot located on the Leased Premises.
(b) If Tenant refuses or neglects to repair property as required under the terms of this Lease and snowto the reasonable satisfaction of Landlord, as soon as reasonably possible after Landlord’s written demand (except that Landlord may make emergency repairs without written demand), and such refusal or failure to make repairs would constitute an Event of Default hereunder, Landlord may make such repairs without liability to Tenant for any loss or damage that may occur to Tenant’s fixtures or other property or to Tenant’s business by reason of Landlord’s repairs, and Tenant shall pay, as Additional Rent, all Landlord’s expenses for making repairs plus an administrative fee calculated as ten percent (10%) of all such expenses.
Appears in 1 contract
Samples: Acquisition and Development Agreement (Urban Outfitters Inc)
Maintenance by Tenant. a. Tenant shall maintain and at all times keep in repair and replace when necessarythe Leased Premises, the plumbing, heating, air conditioning, ventilation and electrical fixtures, equipment and systems and the foundation, lateral support, roof, walls, structural parts and all exterior parts of partitions and doors, in good order, condition and repair, except to the premises and of any building in which the premises extent such repairs are located, and the floors and windows which are in integral part of the premisesrequired to be made by Landlord under Section 3.02. Tenant shall not be required solely responsible for the provision of janitorial service in the Leased Premises. Subject to make Section 6.05, Tenant shall also repair any repairs made necessary damage to Landlord's Property caused by the negligent intentional acts and/or negligence of Landlord or Tenant, its agents, employees servants, employees, customers or invitees.
b. If Tenant invitees unless covered by any insurance policy which Landlord is required to repair, alter, remove, reconstruct, or improve any part of the premises covered by this lease, the same shall be made by Tenant with reasonable dispatch and with minimum interference of Tenant's business.
c. Landlord shall promptly notify Tenant of any defective condition which Tenant is required to repair by the terms of maintain under this Lease. Within fifteen If Tenant refuses or neglects to repair property as required hereunder and to the reasonable satisfaction of Landlord within thirty (1530) days of noticeafter written demand, Tenant shall start and continue the repairs with due diligence until completed. If or, if such repair cannot reasonably be completed within said thirty (30) days, Tenant fails to do so, the repairs may be made or completed by Landlord commence such repair within said thirty (30) day period and the actual expenses shall be billed thereafter continue to Tenant by Landlord. If emergency repairs are necessary for the preservation of the premises or Landlord's propertydiligently pursue such repair to completion, Landlord may make such repairs and charge their costs and expenses without liability to Tenant. In the event of such emergency, Landlord shall make reasonable efforts to notify Tenant before proceeding with repairs.
d. Tenant shall keep the interior of the premises in as good order and condition as when delivered, excepting ordinary wear and tear, for any loss or damage by fire, elements, or casualty, or any damage not due that may accrue to Tenant's negligence. property or to Tenant's business by reason thereof, and upon completion thereof, Tenant shall further pay Landlord's costs for making such repairs plus ten (10%) percent for overhead, upon presentation of a xxxx therefor, as additional rent. When used in this paragraph, the term "repairs" shall include replacements and renewals when necessary and all such repairs shall be responsible for equal in quality and class of original work. Landlord agrees to use reasonable care in making repairs to the repair and maintenance of all doors and windows and for keeping the premises' sidewalks free of ice and snowLeased Premises under this Section.
Appears in 1 contract
Maintenance by Tenant. a. Tenant shall maintain and at all times keep in good order, condition and repair (which shall include the providing of replacements when necessary) the entire Building and Project excepting only the area demised to Xxxxxxxxxx under the Office Lease. However, if Tenant shall elect to perform such repair and replace when necessarymaintenance obligations on behalf of Xxxxxxxxxx, Tenant shall be entitled to receive reimbursement from Xxxxxxxxxx of Xxxxxxxxxx’x Proportionate Share of any maintenance, replacement and/or repair of the Building and Project, including, without limitation, the plumbingexterior and structural portions of the Building, heatingthe roof, air conditioningall glass and show window moldings; and all partitions, ventilation and electrical doors, interior walls, fixtures, equipment and systems appurtenances thereto, including lighting, heating and the foundationplumbing fixtures and any air conditioning system and sprinkler system, lateral supportall parking areas, roof, walls, structural parts including paving and all exterior parts striping of the premises parking areas, reasonable and of any building in which the premises are locatedordinary wear and tear excepted. Said maintenance costs to be reimbursed to Tenant shall include, without limitation, periodic painting as is reasonably necessary. All cutting and the floors and windows which are in integral part patching of the premises. Tenant roof area required for any reason whatsoever for Tenant’s use and occupancy of the Premises shall not be required to make any repairs made necessary performed by the negligent acts of Landlord or its agents, employees or invitees.
b. If Tenant is required to repair, alter, remove, reconstruct, or improve any part of the premises covered by this lease, the same shall be made by Tenant with reasonable dispatch and with minimum interference of Tenant's business.
c. Landlord shall promptly notify Tenant of any defective condition which Tenant is required to repair by the terms of this Lease. Within fifteen (15) days of notice, Tenant shall start and continue the repairs with due diligence until completed. If Tenant fails to do so, the repairs may be made or completed by Landlord and the actual expenses shall be billed to Tenant by Landlord. If emergency repairs are necessary for the preservation of the premises or Landlord's property, Landlord may make such repairs and charge their costs and expenses to Tenant’s roofing subcontractor. In the event of that Tenant causes such emergencywork to be performed by anyone other than the Landlord’s roofing subcontractor, Landlord shall make reasonable efforts will have the right, at Tenant’s sole cost and expense and without notice to notify Tenant before proceeding with Tenant, to cause said work and the roof area affected thereby to be inspected and/or repaired by Landlord’s roofing subcontractor. All repairs.
d. Tenant shall keep the interior , replacements, or maintenance of any portion of the premises in as good order Premises shall be the sole responsibility of the Tenant and condition as when delivered, excepting ordinary wear and tear, damage to be paid for by fire, elements, or casualty, or any damage not due to Tenant's negligence. Tenant shall further be responsible for the repair and maintenance of all doors and windows and for keeping the premises' sidewalks free of ice and snow.
Appears in 1 contract
Maintenance by Tenant. a. Tenant Tenants shall maintain and at its own expense keep in repair and replace when necessary, the plumbing, heating, air conditioning, ventilation and electrical fixtures, equipment and systems and the foundation, lateral support, roof, walls, structural parts and all exterior other parts of the premises (including but not limited to windows, glass and of plate glass, doors, any building in which the premises are locatedspecial store front, interior walls and the finish work, floors and windows which are floor covering, gutters, heating and air conditioning systems, dock bumpers and plumbing work and fixtures) in integral part of the premises. Tenant shall not be good order and repair except those repairs expressly required to make any repairs made necessary by the negligent acts of Landlord or its agents, employees or invitees.
b. If Tenant is required to repair, alter, remove, reconstruct, or improve any part of the premises covered by this lease, the same shall be made by Tenant with reasonable dispatch and with minimum interference of Tenant's business.
c. Landlord shall promptly notify Tenant of any defective condition which Tenant is required to repair by the terms of this Lease. Within fifteen (15) days of notice, Tenant shall start and continue the repairs with due diligence until completed. If Tenant fails to do so, the repairs may be made or completed by Landlord and the actual expenses shall be billed to Tenant by Landlord. If emergency repairs are necessary Tenant accepts the lease premises in their present condition and as suited for the preservation uses intended by Tenant and agrees to return said premises to Landlord at the expiration or prior termination of the premises or Landlord's property, Landlord may make such repairs Lease Agreement and charge their costs and expenses to Tenant. In the event of such emergency, Landlord shall make reasonable efforts to notify Tenant before proceeding with repairs.
d. Tenant shall keep the interior of the premises all renewals thereof in as good order condition and condition repair as when deliveredfirst received, excepting ordinary natural wear and tear, damage by storm, fire, elementslightning, earthquake, or casualtyother casualty alone excepted. In the event Tenant should neglect reasonably to maintain the demised premises, Landlord shall have the right (but not the obligation) to cause repairs or any damage not due corrections to Tenant's negligencebe made. Any reasonable costs therefore shall be payable by Tenant to Landlord as additional rental on the next rental installment date. Tenant shall further be responsible agrees to maintain and pay for a maintenance contract for the repair heating and maintenance of all doors and windows and for keeping air conditioning system serving the premises' sidewalks free . Such contract must provide that upon cancellation, written notice of ice the same shall be given to Landlord by both parties and snowshall include at least semi-annual service for the filters, motor and belts. Tenant agrees to provide Landlord at all times with a copy of the then currently effective service contract. If Tenant properly maintains the heating and air conditioning system, Landlord shall replace the compressor, fan motor, housing or heat exchanger of said equipment if necessary.
Appears in 1 contract
Maintenance by Tenant. a. (a) Tenant shall maintain agrees that it will, at its own cost and expense, keep in repair the interior of the Premises and replace when necessarythe appurtenances thereto, including without limitation the plumbingheating and air conditioning systems, heatingtoilets, air conditioningplumbing lines, ventilation and electrical sprinkler system, windows, glass, electric lines, fixtures, equipment and systems equipment, in good condition and the foundationrepair, lateral support, roof, walls, structural parts and all exterior parts of the premises and of any building in which the premises are located, and the floors and windows which are in integral part of the premisesmaking such replacements as may be necessary from time to time. Tenant shall not be required responsible for all repairs and replacements necessary to keep the Premises and the appurtenances thereto in good order and condition except those which Landlord has expressly agreed to make any repairs made necessary by under the negligent acts provisions of Landlord or its agentsSection 13 of this Lease. Tenant further shall be responsible, employees or invitees.
b. If Tenant is required to at Tenant’s sole cost and expense, for the maintenance, repair, alterand replacement, removeas necessary, reconstruct, or improve any part of the premises covered by this lease, the same shall be made by Tenant with reasonable dispatch and with minimum interference of Tenant's business.
c. Landlord shall promptly notify Tenant of any defective condition and all dock(s) serving the Premises. Landlord hereby assigns all available warranties, if any, to Tenant for systems which Tenant is required to repair by maintain, and shall upon request provide copies of same to Tenant.
(b) Tenant shall store all trash, rubbish and garbage in fully-closed containers at the terms rear of the Premises. Tenant shall not burn or otherwise dispose of any trash, waste, rubbish or garbage in or about the Premises. Tenant shall pay for the cost of trash and rubbish removal or pay its pro-rata share, in the event that Landlord provides for trash and rubbish removal.
(c) In connection with the requirements of this Lease. Within fifteen (15) days of noticeSection 14, Tenant agrees to obtain and maintain from a reputable company a quarterly maintenance contract on the heating and air conditioning systems and to furnish Landlord with a copy of said contract on the Rent Commencement Date.
(d) Tenant agrees that it will, at Tenant’s expense, comply with any mandatory preventative maintenance items required by insurance carriers, rating authorities or public officials to minimize loss frequency and/or severity within the Premises.
(e) Tenant shall start keep the Premises free from insects pests and continue the repairs with due diligence until completed. If vermin of all kinds, and for that purpose Tenant fails to do soshall use, the repairs at Tenant’s cost, such pest extermination contractor as Landlord may be made or completed by direct and at such intervals as Landlord and the actual expenses may reasonably require.
(f) Sprinkler systems, if any, located in Tenant’s area shall be billed maintained, at Tenant’s sole expense, in accordance with National Fire Protection Association standards to Tenant ensure proper operation. Sprinkler control valves (interior and exterior) located in Tenant’s area shall be monitored by Landlord. If emergency repairs are necessary for the preservation of the premises or Landlord's property, Landlord may make such repairs and charge their costs and expenses to Tenantsupervisory alarm service. In the event of such emergencylocal or state codes do not require alarm systems, Landlord shall make reasonable efforts to notify Tenant before proceeding with repairs.
d. Tenant shall keep the provide alarm service on all sprinkler systems to detect water flow and tampering with exterior and interior main control valves of the sprinkler system servicing Tenant’s premises. Moreover, it shall be Tenant’s responsibility to contact the Commercial Property Manager at 0000 Xxxx Xxxxx Xxxxxx, Xxxxxxxx, Xxxx 00000, (000) 000-0000, in the event the sprinkler system in the demised premises in as good order is ever shut off for any reason, and condition as when deliveredadvise same of any damage occasioned or caused by the actions of Tenant, excepting ordinary wear and tearits agents, damage by fire, elementsinvitees, or casualtyemployees, or any damage not due to and/or as a result of Tenant's negligence’s repair obligations hereunder. Tenant shall further replace all sprinkler heads due to painting or environmental exposure from Tenant’s operations. All other cost of maintaining the sprinkler system in Tenant’s area shall be responsible for the repair and maintenance of all doors and windows and for keeping the premises' sidewalks free of ice and snowpaid by Tenant.
Appears in 1 contract
Samples: Lease Agreement (DSW Inc.)
Maintenance by Tenant. a. (a) Tenant shall keep and maintain the entire Leased Premises in good order, condition, and keep repair and free of trash and shall comply with Applicable Laws with respect to the manner of its use, occupancy and enjoyment of the Leased Premises. Tenant shall, at its sole cost and expense, maintain, repair, and replace all fixtures, equipment, improvements and systems in the Leased Premises, except for (i) the roof, downspouts or gutters of the Building, and the Cooling Equipment, if applicable, the maintenance, repair and replacement of which shall be the responsibility of Landlord pursuant to Section 11.2 hereof; and (ii) such work necessitated by the failure of Landlord, its agents, contractors, servants or employees to observe and perform Landlord’s obligations under this Lease to maintain, repair and replace when necessary, the plumbing, heating, air conditioning, ventilation and electrical fixtures, equipment and systems and the foundation, lateral support, roof, walls, structural parts and all exterior parts downspouts or gutters of the premises and of any building in which the premises are locatedBuilding, and the floors and windows which are Cooling Equipment, if applicable, in integral part of the premisesaccordance with Section 11.2 hereof, whether such failure was negligent or intentional. Tenant shall not be required to make any repairs made necessary by the negligent acts of Landlord or its agents, employees or invitees.
b. If Tenant is required to repair, alter, remove, reconstruct, or improve any part of the premises covered by this lease, the same shall be made by Tenant with reasonable dispatch and with minimum interference of Tenant's business.
c. Landlord shall promptly notify Tenant of any defective condition which Tenant is required to repair by the terms of this Lease. Within fifteen (15) days of notice, Tenant shall start and continue the repairs with due diligence until completed. If Tenant fails to do so, the repairs may be made or completed by Landlord and the actual expenses shall be billed to Tenant by Landlord. If emergency repairs are necessary for the preservation of the premises or Landlord's property, Landlord may make such repairs and charge their costs and expenses to Tenant. In the event of such emergency, Landlord shall make reasonable efforts to notify Tenant before proceeding with repairs.
d. Tenant shall keep the interior of the premises in as good order and condition as when delivered, excepting ordinary wear and tear, damage by fire, elements, or casualty, or any damage not due to Tenant's negligence. Tenant shall further be responsible for the repair and maintenance of any HVAC system located on the Leased Premises. Tenant shall be responsible for all doors operation and windows maintenance costs associated with its occupancy of the Leased Premises except to the extent that such costs are the responsibility of Landlord under this Lease. Notwithstanding anything to the contrary contained in this Lease, it is specifically understood and agreed that Tenant shall be responsible, at Tenant’s sole cost and expense, for trash removal from the Leased Premises, and for keeping the premises' sidewalks free maintenance, repair and replacement (including, but not limited to, lighting, snow removal and striping) of ice the parking lot located on the Leased Premises.
(b) If Tenant refuses or neglects to repair property as required under the terms of this Lease and snowto the reasonable satisfaction of Landlord, as soon as reasonably possible after Landlord’s written demand (except that Landlord may make emergency repairs without written demand), and such refusal or failure to make repairs would constitute an Event of Default hereunder, Landlord may make such repairs without liability to Tenant for any loss or damage that may occur to Tenant’s fixtures or other property or to Tenant’s business by reason of Landlord’s repairs, and Tenant shall pay, as Additional Rent, all Landlord’s expenses for making repairs plus an administrative fee calculated as ten percent (10%) of all such expenses.
Appears in 1 contract
Samples: Acquisition and Development Agreement (Urban Outfitters Inc)
Maintenance by Tenant. a. Tenant shall maintain and at all times keep in good order, condition and repair (which shall include the providing of replacements when necessary) the entire Building and Project excepting only the area demised to Xxxxxxxxxx under the Office Lease. However, if Tenant shall elect to perform such repair and replace when necessarymaintenance obligations on behalf of Xxxxxxxxxx, Tenant shall be entitled to receive reimbursement from Xxxxxxxxxx of Xxxxxxxxxx’x Proportionate Share of any maintenance, replacement and/or repair of the Building and Project, including, without limitation, the plumbingexterior and structural portions of the Building, heatingthe roof, air conditioningall glass and show window moldings; and all partitions, ventilation and electrical doors, interior walls, fixtures, equipment and systems appurtenances thereto, including lighting, heating and the foundationplumbing fixtures and any air conditioning system and sprinkler system, lateral supportall parking areas, roof, walls, structural parts including paving and all exterior parts striping of the premises parking areas, reasonable and of any building in which the premises are locatedordinary wear and tear excepted. Said maintenance costs to be ‘ reimbursed to Tenant shall include, without limitation, periodic painting as is reasonably necessary. All cutting and the floors and windows which are in integral part patching of the premises. Tenant roof area required for any reason whatsoever for Tenant’s use and occupancy of the Premises shall not be required to make any repairs made necessary performed by the negligent acts of Landlord or its agents, employees or invitees.
b. If Tenant is required to repair, alter, remove, reconstruct, or improve any part of the premises covered by this lease, the same shall be made by Tenant with reasonable dispatch and with minimum interference of Tenant's business.
c. Landlord shall promptly notify Tenant of any defective condition which Tenant is required to repair by the terms of this Lease. Within fifteen (15) days of notice, Tenant shall start and continue the repairs with due diligence until completed. If Tenant fails to do so, the repairs may be made or completed by Landlord and the actual expenses shall be billed to Tenant by Landlord. If emergency repairs are necessary for the preservation of the premises or Landlord's property, Landlord may make such repairs and charge their costs and expenses to Tenant’s roofing subcontractor. In the event of that Tenant causes such emergencywork to be performed by anyone other than the Landlord’s roofing subcontractor, Landlord shall make reasonable efforts will have the right, at Tenant’s sole cost and expense and without notice to notify Tenant before proceeding with Tenant, to cause said work and the roof area affected thereby to be inspected and/or repaired by Landlord’s roofing subcontractor. All repairs.
d. Tenant shall keep the interior , replacements, or maintenance of any portion of the premises in as good order Premises shall be the sole responsibility of the Tenant and condition as when delivered, excepting ordinary wear and tear, damage to be paid for by fire, elements, or casualty, or any damage not due to Tenant's negligence. Tenant shall further be responsible for the repair and maintenance of all doors and windows and for keeping the premises' sidewalks free of ice and snow.
Appears in 1 contract
Maintenance by Tenant. a. Tenant shall maintain at all times keep the Leased Premises and keep in repair and replace when necessaryall partitions, the plumbingdoors, heating, air conditioning, ventilation and electrical fixtures, equipment and systems and the foundationappurtenances thereof (including but not limited to electrical, lateral supportlighting, roof, walls, structural parts and all exterior parts of the premises and of any building in which the premises are locatedHVAC, and plumbing equipment, lines and fixtures servicing the floors Leased Premises) in good order, condition and windows which are in integral part of the premisesrepair, reasonable wear and tear excepted. Tenant shall enter into service contracts, reasonably acceptable to Landlord, on all heating, ventilating and air conditioning units, including but not be required limited to make any repairs made necessary by the negligent acts changing filters, checking belts and oiling of Landlord or its agents, employees or invitees.
b. If Tenant is required to repair, alter, remove, reconstruct, or improve any part of the premises covered by this lease, the same shall be made by Tenant with reasonable dispatch and with minimum interference of Tenant's business.
c. Landlord shall promptly notify Tenant of any defective condition which Tenant is required to repair by the terms of this Lease. Within fifteen (15) days of notice, Tenant shall start and continue the repairs with due diligence until completedunits. If Tenant fails refuses or neglects to do so, repair the repairs may be made or completed by property as required hereunder and to the reasonable satisfaction of Landlord and the actual expenses shall be billed to Tenant by Landlord. If emergency repairs are necessary for the preservation of the premises or Landlord's propertyas soon as reasonably possible after written demand, Landlord may make such repairs and charge their costs and expenses without liability to Tenant for any loss or damage that may accrue to Tenant’s property or to Tenant’s business by reason thereof and upon completion thereof, Tenant shall pay Landlord’s reasonable costs for making such repairs plus twenty percent (20%) for overhead, upon presentation of xxxx therefor, as Additional Rent as per Section 2.2. When used in this section, the term “repairs” shall include capital repairs, replacements and renewals when necessary and all such repairs shall be equal in quality and class of original work. Repairs or replacements under this Section may be considered to be “Capital Repairs” if a) the repair exceeds $5,000 in cost, b) the repair or replacement provides an improvement to the Building for a period of time exceeding the Term of the Lease, c) the repair or replacement is not remedying an improvement previously made by Tenant, and d) the repair or replacement is not to improvements or fixtures unique to Tenant’s business (including, but not limited to, trade fixtures, systems, and improvements unique to Tenant’s operations). For example, a toilet replacement may qualify as a Capital Repair, however a rooftop exhaust system serving Tenant’s fume hoods would not. At Tenant’s request, Landlord will reimburse Tenant for 100% of the actual costs (including reasonable consulting or engineering costs) incurred by Tenant to complete a Capital Repair, provided Tenant and Landlord agree, prior to incurring the expense, to i) the proposed Capital Repair scope of work and its specifications, ii) the exact expenditure to be reimbursed by Landlord, iii) the names of any vendors or contractors to be performing the Capital Repair, iv) the anticipated useful life (in years) of the proposed Capital Repair, and v) the annual amount of the exact expenditure supplied by Tenant to Landlord hereunder to be recovered by Landlord as a CAM Charge. In regard to the foregoing item (v), Landlord and Tenant agree that Landlord shall be entitled to recover from Tenant CAM reimbursements affiliated with Capital Repairs equal to the cost of such Capital Repair amortized over the useful life agreed upon under (iv) above on a straight line basis. For example, in the event the Building is in need of such emergencynew HVAC units with an agreed upon useful life of 15 years which are not unique to Tenant’s business at a cost of $150,000, then Tenant would pay Landlord shall make $10,000 per year in Additional Rent toward this Capital Repair during the Term of the Lease. Landlord will reimburse Tenant for previously approved Capital Repairs upon the completion of all of the following: a) Tenant’s request for reimbursement, b) Landlord’s inspection of the work and reasonable efforts approval of substantial completion, and c) Tenant’s submission of actual invoices and full and complete lien waivers. For approved Capital Repairs reimbursed by Landlord, Tenant agrees to notify Tenant before proceeding with repairs.
d. pay Landlord the amortized cost of the Capital Repairs as Additional Rent (defined in Section 2.2) assuming an amortization period equal to the agreed-upon anticipated useful life. Unless otherwise agreed to by the parties hereto, Tenant shall keep the interior of the premises in as good order and condition as when delivered, excepting ordinary wear and tear, damage by fire, elements, or casualty, or any damage not due to Tenant's negligencecoordinate all Capital Repairs. Tenant shall further be solely responsible for all repairs and Capital Repairs required due to the repair and maintenance negligence of all doors and windows and for keeping the premises' sidewalks free willful misconduct of ice and snowits employees, agents, or contractors.
Appears in 1 contract
Maintenance by Tenant. a. Tenant 13.01 TENANT shall be responsible for the maintenance, repair and/or replacement of any structural portions, exterior walls, roofing and guttering of the PREMISES or any portion of the Common Areas if the necessity therefor is occasioned by or through the negligence, abuse, or omissions of TENANT, its agents, contractors, and invitees.
13.02 TENANT will maintain and keep the PREMISES in good order, condition and repair, and will repair and replace when necessaryand/or replace, if needed, all other parts of the plumbingPREMISES which are not the responsibility of LANDLORD, including, but not limited to, heating, ventilating, and air conditioningconditioning (HVAC) equipment, ventilation plumbing, electrical and electrical other systems, including lighting fixtures, equipment and windows and doors of all types. The duty of TENANT to maintain the HVAC systems in good order and repair shall specifically include without limitation the foundationduty to inspect same and replace filters therein as needed and to perform regular periodic servicing.
13.03 TENANT shall be responsible for keeping the grounds including the steps, lateral supportramps, roofloading platforms, walls, structural parts and all exterior parts etc. immediately in front of the premises PREMISES (and to the rear, if applicable) free and clear of trash, debris, and weed growth, and snow and/or ice at all times in order to keep the PREMISES in a neat, presentable, and safe condition. TENANT will take steps to keep trash and debris from blowing onto areas of neighboring tenants. TENANT shall not store any item or abandon pallets or other unsightly items on the exterior (Common Areas) of any building in of which the premises are locateda part.
13.04 If damage shall occur to the parking lot and such damage is caused by trash removal trucks contracted for by TENANT, and the floors and windows then TENANT shall pay to repair such damage.
13.05 If any maintenance or repairs which are required to be undertaken by TENANT under this LEASE are not completed within ten (10) days after such need arises or after notice from LANDLORD, or in integral part the event of an emergency, if such maintenance or repairs are not undertaken immediately, then LANDLORD shall have the premisesright (but not the obligation) to enter upon the PREMISES and undertake the necessary maintenance or repairs on behalf of and at the expense of TENANT. Tenant TENANT shall pay to LANDLORD the reasonable costs of such maintenance or repairs within ten (10) days after written demand therefor, as additional rent. Notwithstanding the foregoing, if any maintenance or repairs required to be undertaken by TENANT cannot be required to make any repairs made necessary by completed within ten (10) days, then LANDLORD shall have no self-help rights so long as TENANT prosecutes the negligent acts of Landlord maintenance or its agents, employees or invitees.
b. If Tenant is required to repair, alter, remove, reconstruct, or improve any part of the premises covered by this lease, the same shall be made by Tenant with reasonable dispatch and with minimum interference of Tenant's business.
c. Landlord shall promptly notify Tenant of any defective condition which Tenant is required to repair by the terms of this Lease. Within fifteen (15) days of notice, Tenant shall start and continue the repairs with due diligence until completed. If Tenant fails to do so, and keeps LANDLORD fully informed on the repairs may be made or completed by Landlord and the actual expenses shall be billed to Tenant by Landlord. If emergency repairs are necessary for the preservation of the premises or Landlord's property, Landlord may make such repairs and charge their costs and expenses to Tenant. In the event of such emergency, Landlord shall make reasonable efforts to notify Tenant before proceeding with repairs.
d. Tenant shall keep the interior of the premises in as good order and condition as when delivered, excepting ordinary wear and tear, damage by fire, elements, or casualty, or any damage not due to Tenant's negligence. Tenant shall further be responsible for the repair and maintenance of all doors and windows and for keeping the premises' sidewalks free of ice and snow.progress of
Appears in 1 contract
Maintenance by Tenant. a. Except as provided in Section 6.03, Article 7 (Damage or Destruction) and Article 8 (Condemnation), Tenant shall maintain keep all portions of the Premises in good order, condition and keep in repair (including, but not limited to, interior and replace when necessaryexterior painting, the plumbing, heating, air conditioning, ventilation and electrical fixtures, equipment and systems and equipment, roof (to the foundation, lateral support, roof, walls, structural parts and all exterior parts extent of the premises preventive maintenance arrangements hereafter required), parking lot lighting and of any building in which the premises are locatedpavement, landscaping and the floors irrigation and windows which are in integral part of the premises. signage provided that, except for damage caused by Tenant, Tenant shall not be required responsible for replacement of the roof or replacement of the parking lot pavement). If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to make repair cannot be fully repaired or restored, Tenant shall promptly replace such portion of the Premises or system or equipment in the Premises, regardless of whether the benefit of such replacement extends beyond the Lease Term; but if the benefit or useful life of such replacement extends beyond the Lease Term (as such term may be extended by exercise of any repairs made necessary options), the useful life of such replacement shall be prorated over the remaining portion of the Lease Term (as extended), and Tenant shall be liable only for that portion of the cost which is applicable to the Lease Term (as extended). Tenant will maintain temperature of Premises sufficient to avoid freezing the sprinkler system. Tenant shall maintain preventive maintenance arrangements involving regular inspection and maintenance of the heating, ventilation, and air conditioning system by a licensed contractor, and of the roof by a roofing contractor, each reasonably approved in advance by the negligent acts of Landlord or its agents, employees or invitees.
b. Landlord. If Tenant is required to repair, alter, remove, reconstruct, or improve any part of the premises covered Project is damaged by this lease, the same shall be made by Tenant with reasonable dispatch and with minimum interference any act or omission of Tenant's business.
c. Landlord shall promptly notify Tenant of any defective condition which Tenant is required to repair by the terms of this Lease. Within fifteen (15) days of notice, Tenant shall start and continue pay Landlord the repairs with due diligence until completedcost of repairing or replacing such damaged property, whether or not Landlord would otherwise be obligated to pay the cost of maintaining or repairing such property. If Tenant fails to do so, It is the repairs may be made or completed by intention of Landlord and the actual expenses shall be billed to Tenant by Landlord. If emergency repairs are necessary for the preservation of the premises or Landlord's property, Landlord may make such repairs and charge their costs and expenses to Tenant. In the event of such emergency, Landlord shall make reasonable efforts to notify Tenant before proceeding with repairs.
d. that at all times Tenant shall keep maintain the interior of the premises Premises in as good order an attractive, first class, and condition as when delivered, excepting ordinary wear and tear, damage by fire, elements, or casualty, or any damage not due to Tenant's negligence. Tenant shall further be responsible for the repair and maintenance of all doors and windows and for keeping the premises' sidewalks free of ice and snowfully operative condition.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Home Interiors & Gifts Inc)
Maintenance by Tenant. a. (a) During the term and at its own cost, risk and expense, the Tenant shall maintain and repair, maintain, keep in repair good order and replace when necessarymake replacements to the Premises and all equipment, Leasehold Improvements and mechanical systems within or necessarily incidental to the Premises, including, without limitation, the plumbing, heating, air conditioning, ventilation ventilating and electrical fixtures, air-conditioning equipment and systems any improvement now or hereafter made to the maintenance, to effect such repairs and the foundationreplacements and to decorate, lateral support, roof, walls, structural parts at its own cost and all exterior parts of the premises expense as and of any building in which the premises are located, and the floors and windows which are in integral part of the premises. Tenant shall not be when necessary or reasonably required so to make any repairs made necessary do by the negligent acts of Landlord or its agents, employees or invitees.
b. If Tenant is required to repair, alter, remove, reconstruct, or improve any part of the premises covered by this lease, the same shall be made by Tenant with reasonable dispatch and with minimum interference of Tenant's business.
c. Landlord shall promptly notify Tenant of any defective condition which Tenant is required to repair by the terms of this Lease. Within fifteen (15) days of notice, Tenant shall start and continue the repairs with due diligence until completed. If Tenant fails to do so, the repairs may be made or completed by Landlord and the actual expenses shall be billed to Tenant by Landlord. If emergency repairs are necessary required by the Landlord, the Tenant shall provide regular ongoing maintenance for the preservation heating, ventilating and air-conditioning equipment serving the Premises by a contractor under a maintenance contract which shall provide for not less than two (2) full inspections per year, on terms and conditions first approved in writing by the Landlord, acting reasonably. Notwithstanding anything to the contrary, if the Landlord elects to take out an ongoing maintenance contract with respect to the heating, ventilating and air-conditioning equipment serving the Premises the regular ongoing maintenance of such system shall be the responsibility of the premises Landlord, but all costs attendant thereto shall be charged back to the Tenant and paid as Additional Rent;
(b) The Tenant shall promptly repair or Landlord's propertyreplace all damaged glass, plate glass, doors and windows in the Premises unless such damage is caused by the Landlord may make such repairs or persons for whom the Landlord is in law responsible;
(c) During the Term and charge their costs at its cost, risk and expenses to Tenant. In expense, the event of such emergency, Landlord shall make reasonable efforts to notify Tenant before proceeding with repairs.
d. Tenant shall keep the interior Premises and the loading area and exterior surfaces of the premises Premises in as good order neat, clean and sanitary condition as when deliveredand shall not allow any refuse or garbage or pallets, excepting ordinary wear and tear, damage by fire, elementscartons or like material resulting from deliveries, or casualtyloose or waste material to accumulate in or about the Premises. All garbage shall be kept at all times from the view of the general public, or any damage not due and shall be disposed of by the Tenant on a regular basis, as determined by the Landlord but at the Tenant’s sole expense; and
(d) The Tenant shall, after first obtaining the written approval of the Landlord to Tenant's negligence. the specifications, design and location (which matters shall be wholly within the discretion of the Landlord), at the expense of the Tenant install, maintain, and operate during such reasonable hours as the Landlord may determine an illuminated sign; which sign shall remain the property of the Tenant and the Tenant shall further be responsible for remove such sign at the repair end of the Term and maintenance of shall make good all doors damage caused by such installation and windows and for keeping the premises' sidewalks free of ice and snowremoval.
Appears in 1 contract
Samples: Lease Agreement
Maintenance by Tenant. a. Except for the items specifically set forth in Section 10 as Management’s obligations, neither Management nor Owner shall have any responsibility to repair or maintain any portion of the Premises, such being the sole responsibility of Tenant, and Tenant shall, at Tenant’s expense, keep and maintain all aspects and areas of the Premises in good repair and in a sanitary, clean, and aesthetically pleasing condition. Tenant shall maintain the Premises in compliance with all applicable statutes, laws, ordinances, and regulations. In particular, but not by way of limitation, Tenant shall keep the sinks, faucets, light fixtures, toilets, doors, locks, hardware carpeting, ceilings, flooring, windows, window coverings, interior walls, fences and fixtures in, or, or about the Premises in good and working condition and repair and replace when necessary, shall keep the plumbing, heating, air conditioning, ventilation Premises free from all rubbish and electrical fixtures, equipment and systems and the foundation, lateral support, roof, walls, structural parts and all exterior parts of the premises and of any building in which the premises are located, and the floors and windows which are in integral part of the premisesdebris. Tenant shall use all fixtures, appliances, and facilities located at the Premises in a reasonable manner. Tenant shall pay for all damage to the Premises and repairs and maintenance required due to the use, misuse or negligence of Tenant or Tenant’s guests, agents, invitees, or licensees. Any failure by Tenant to comply with the terms of this Section 11 is a “misuse” of the Premises. Tenant shall pay, as additional Rent, immediately upon Management’s request, all of Owner’s and Management’s costs and expenses resulting from any damage to the Premises and repairs and maintenance required due to the use, misuse or negligence of Tenant or Tenant’s guests, agents, invitees, or licensees immediately upon request from Management. If the Premises are not be kept in the manner required to make any repairs made necessary by the negligent acts of Landlord this Lease, then Management, or its agents, employees may enter the Premises without interference with Tenant’s possession of the Premises, and Management may then place the Premises, as applicable, in the same condition of repair and cleanliness as is necessary to comply with this Section, and Tenant shall pay, as additional Rent, Management’s and Owner’s expenses for such repairs and maintenance, and the amount of such expenses may be offset from the Security Deposit as provided in this Lease. The Premises are equipped with one or invitees.
b. If more smoke detection devices, and Tenant is required responsible for replacing the batteries in those devices and must promptly report to repair, alter, remove, reconstructManagement any problems with, or improve any part maintenance or repairs needed in connection with such devices. In addition, Tenant is solely responsible for the conduct and safety of all inhabitants, guests, invitees, licensees, and trespasses. Tenant acknowledges and agrees that Management is not responsible for the condition of the premises covered by this leasePremises and expressly and unconditionally agrees to release, the same shall be made by Tenant with reasonable dispatch hold harmless and with minimum interference indemnify Management for any causes of Tenant's business.
c. Landlord shall promptly notify Tenant of any defective condition which Tenant is required to repair by the terms action arising out of this Lease. Within fifteen (15) days of notice, Tenant shall start and continue related to the repairs with due diligence until completed. If Tenant fails to do so, the repairs may be made or completed by Landlord and the actual expenses shall be billed to Tenant by Landlord. If emergency repairs are necessary for the preservation condition of the premises Premises or Landlord's regarding damage or injury to persons or property, Landlord may make such repairs and charge their costs and expenses to Tenant. In the event of such emergency, Landlord shall make reasonable efforts to notify Tenant before proceeding with repairs.
d. Tenant shall keep the interior of the premises in as good order and condition as when delivered, excepting ordinary wear and tear, damage by fire, elements, or casualty, or any damage not due to Tenant's negligence. Tenant shall further be responsible for the repair and maintenance of all doors and windows and for keeping the premises' sidewalks free of ice and snow.
Appears in 1 contract