Maintenance by Tenant. (a) Tenant shall keep and maintain the entire Leased Premises in good order, condition, and 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 the roof, downspouts or gutters of the Building, and the Cooling Equipment, if applicable, in accordance with Section 11.2 hereof, whether such failure was negligent or intentional. Tenant shall be responsible for the repair and maintenance of any HVAC system located on the Leased Premises. Tenant shall be responsible for all operation and 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 the maintenance, repair and replacement (including, but not limited to, lighting, snow removal and striping) of the parking lot located on the Leased Premises.
Appears in 1 contract
Maintenance by Tenant. (a) Tenant shall at all times keep and maintain the entire Leased Premises in good order, condition, condition and repair (which shall include the providing of replacements when necessary) the entire Building and free Project excepting only the area demised to Xxxxxxxxxx under the Office Lease. However, if Tenant shall elect to perform such repair and maintenance obligations on behalf of trash and Xxxxxxxxxx, Tenant shall comply with Applicable Laws with respect be entitled to the manner receive reimbursement from Xxxxxxxxxx of its useXxxxxxxxxx’x Proportionate Share of any maintenance, occupancy and enjoyment replacement and/or repair of the Leased Premises. Tenant shallBuilding and Project, at its sole cost including, without limitation, the exterior and expense, maintain, repair, and replace all fixtures, equipment, improvements and systems in the Leased Premises, except for (i) the roof, downspouts or gutters structural portions 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 the roof, downspouts or gutters all glass and show window moldings; and all partitions, doors, interior walls, fixtures, equipment and appurtenances thereto, including lighting, heating and plumbing fixtures and any air conditioning system and sprinkler system, all parking areas, including paving and striping of the Buildingparking areas, reasonable and the Cooling Equipment, if applicable, in accordance with Section 11.2 hereof, whether such failure was negligent or intentionalordinary wear and tear excepted. Said maintenance costs to be ‘ reimbursed to Tenant shall be responsible include, without limitation, periodic painting as is reasonably necessary. All cutting and patching of the roof area required for the repair any reason whatsoever for Tenant’s use and maintenance of any HVAC system located on the Leased Premises. Tenant shall be responsible for all operation and maintenance costs associated with its occupancy of the Leased Premises except to shall be performed by the extent that such costs are Landlord’s roofing subcontractor. In the responsibility of Landlord under this Lease. Notwithstanding anything to the contrary contained in this Lease, it is specifically understood and agreed event that Tenant shall causes such work to be responsibleperformed by anyone other than the Landlord’s roofing subcontractor, Landlord will have the right, at Tenant’s sole cost and expenseexpense and without notice to Tenant, for trash removal from to cause said work and the Leased Premisesroof area affected thereby to be inspected and/or repaired by Landlord’s roofing subcontractor. All repairs, and for the maintenancereplacements, repair and replacement (including, but not limited to, lighting, snow removal and striping) or maintenance of any portion of the parking lot located on Premises shall be the Leased Premisessole responsibility of the Tenant and to be paid for by Tenant.
Appears in 1 contract
Maintenance by Tenant. (a) Tenant shall shall, at Tenant’s expense, at all times keep the Premises and maintain the entire Leased Premises appurtenances thereto in good order, condition, and repair repair, clean, sanitary, and free safe, including the replacement of trash equipment, fixtures and shall comply all broken glass (with Applicable Laws with respect to the manner of its use, occupancy and enjoyment glass of the Leased Premises. Tenant same size and quality), and 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 a manner reasonably satisfactory to Section 11.2 hereof; and (ii) such work necessitated by the failure of Landlord, its agents, contractors, servants or employees decorate and paint the Premises at least once every five (5) years to observe maintain at all times a clean and perform Landlord’s obligations under this Lease to maintain, repair and replace the roof, downspouts or gutters of the Building, and the Cooling Equipment, if applicable, in accordance with Section 11.2 hereof, whether such failure was negligent or intentionalsightly appearance. Tenant shall be responsible for the cleaning and removal of all spider webs and mold, as well as the repair and maintenance of any HVAC system located on cracks or breakage of the Leased Premiseswindows. If Tenant fails to perform any of its obligations as required within ten (10) days after notification thereof, Landlord may, but shall not be required to, perform and satisfy same with Tenant hereby agreeing to reimburse Landlord, as Additional Rent, for the cost thereof (including any overhead and administrative fees) promptly upon demand which demand shall include reasonable documentation thereof. Tenant shall be responsible for make any and all operation additions, improvements, alterations, and maintenance costs associated with its occupancy of repairs to or on the Leased Premises except required 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 accommodate Tenant’s sole cost and expense, for trash removal from the Leased Premises, and for the maintenance, repair and replacement business operation (including, without limitation, all modifications to any fire sprinkler system located within the Premises), that may at any time during the Lease Term be required or recommended by any lawful authorities, insurance underwriters, Inspection Rating Bureaus, or insurance inspectors designated by Landlord. Landlord may, but shall not limited be obligated to, lightingdeal directly with any authorities respecting their requirements for additions, snow removal improvements, alterations, or repairs. Landlord’s approval of plans and striping) specifications shall not create any responsibility on the part of Landlord for their accuracy, sufficiency or compliance with applicable laws, rules or regulations. All such work shall be performed in a good and workmanlike manner in accordance with the requirements set forth in Section 7.01. All Tenant’s work and all such additions, improvements, and alterations thereto shall become the property of the parking lot located on Landlord upon the Leased Premisesexpiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Lease Guaranty (FBC Holding, Inc.)
Maintenance by Tenant. Tenant agrees to keep the premises and appurtenances thereto including all glass and doors, including all Leasehold improvements made by Landlord or Tenant in good repair, free from filth, overloading, and danger of fire or any nuisance. Tenant shall pay for those failures or damages caused by its neglect or misuse. At the expiration or other termination of this Lease, Tenant shall return to the premises to Landlord in as good condition as when received by Tenant, except only for usual wear and use, damage by fire, or other casualty, condemnation, Hazardous Substances (a) Tenant other than those released or emitted by Tenant), and alterations or other interior improvements which it is permitted to surrender at the termination of the Lease. Except for the obligations which are Tenant’s responsibility pursuant to the preceding sentence, Landlord shall keep and maintain the entire Leased Premises and the Building in good working order. In addition, conditionLandlord will provide electricity, water, sewer, gas, elevator, janitorial, and repair and free of trash and shall comply with Applicable Laws with respect HVAC service to the manner of its use, occupancy and enjoyment of Premises at the Leased Premises. Tenant shall, at its sole cost and expense, maintain, repair, and replace all fixtures, equipment, improvements and systems same levels provided to similar office buildings 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 the roof, downspouts or gutters of the Building, and the Cooling Equipment, if applicable, in accordance with Section 11.2 hereof, whether such failure was negligent or intentional. Tenant shall be responsible for the repair and maintenance of any HVAC system located on the Leased Premises. Tenant shall be responsible for all operation and maintenance costs associated with its occupancy of the Leased Premises except to the extent that such costs are the responsibility of Landlord under this Leasearea. Notwithstanding anything to the contrary contained in this Leaseherein, it is specifically understood Landlord shall perform and agreed that construct, and Tenant shall be responsiblehave no responsibility to perform or construct, at Tenant’s sole cost and expenseany repair, maintenance or improvements (a) necessitated by the acts or omissions of Landlord or any other occupant of the Building, or their respective agents, employees or contractors, (b) for trash removal which Landlord has a right of reimbursement from others, (c) to the Leased structural portions of the Premises, (d) which could be treated as a “capital expenditure” under generally accepted accounting principles, (e) to the heating, ventilating, air conditioning, electrical, water, sewer, and for plumbing systems serving the maintenancePremises and the Building, repair and replacement (including, but not limited to, lighting, snow removal and stripingf) to any portion of the parking lot located on Building outside of the Leased demising walls of the Premises. Notwithstanding the foregoing, Tenant shall pay for its share of the repairs described in subsections (d) - (f) to the extent such costs are properly included in Operating Expenses.
Appears in 1 contract
Samples: Lease (Alphasmart Inc)
Maintenance by Tenant. Except as provided in Section 6.03, Article 7 (aDamage or Destruction) and Article 8 (Condemnation), Tenant shall keep and maintain all portions of the entire Leased Premises in good order, condition, condition and 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 the roof, downspouts or gutters of the Building, and the Cooling Equipment, if applicable, in accordance with Section 11.2 hereof, whether such failure was negligent or intentional. Tenant shall be responsible for the repair and maintenance of any HVAC system located on the Leased Premises. Tenant shall be responsible for all operation and 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 the maintenance, repair and replacement (including, but not limited to, lightinginterior and exterior painting, snow removal systems and striping) equipment, roof, parking lot lighting and pavement, landscaping and irrigation and signage provided that, except for damage caused by Tenant, Tenant shall not be responsible for replacement of the roof or the parking lot located on pavement). If any portion of the Leased Premises or any system or equipment in the Premises which Tenant is obligated to 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 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 a preventive maintenance contract providing for the regular inspection and maintenance of the heating, ventilation, and air conditioning system by a licensed contractor approved in advance by Landlord. Tenant shall utilize a roofing contractor approved in advance by Landlord for roof maintenance as needed. If any part of the Project is damaged by any act or omission of Tenant, Tenant shall pay Landlord the cost 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. It is the intention of Landlord and Tenant that at all times Tenant shall maintain the Premises in an attractive, first-class and fully operative condition.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Home Interiors & Gifts Inc)
Maintenance by Tenant. (a) Tenant shall keep the Premises, including windows, signs and maintain sidewalks and service ways and loading areas adjacent to the entire Leased Premises in good ordergood, clean, garbage-free condition, free from waste and nuisance at all times. Tenant shall have sole responsibility for maintenance, repair and free or replacement of trash and shall comply with Applicable Laws with respect to all air conditioning/heating systems servicing the manner of its use, occupancy and enjoyment of the Leased Premises. Tenant shallshall make all needed repairs, including without limitation, maintenance of all direct utility connections and replacement of cracked or broken glass, except for repairs required to be made by Landlord. Tenant shall have sole responsibility for the sprinkler system (if any), and the water meter and shall at Tenant's sole cost and expense, repair and replace all or any part thereof as may be necessary from time to time to keep such items in good working condition at all times. Tenant shall comply, at its sole cost and expense, maintainwith all governmental laws, repairordinances, and replace all fixtures, equipment, improvements and systems in regulations applicable to 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 the roof, downspouts or gutters of the Building, and the Cooling Equipment, if applicable, in accordance with Section 11.2 hereof, whether such failure was negligent or intentional. Tenant shall be responsible for the repair and maintenance of any HVAC system located on the Leased Premises. Tenant shall not be responsible for all operation and maintenance costs associated with its occupancy of the Leased Premises except obligated to make any structural changes or alterations to the extent that such costs are Premises in order to comply with governmental laws, ordinances and regulations unless made necessary by the responsibility act or omission of Landlord under this LeaseTenant. Notwithstanding anything to the contrary contained in this Lease, it is specifically understood and agreed that Tenant shall perform any such changes or alterations at its expense and in accordance with plans and specifications approved by Landlord. If any repairs required to be responsiblemade by Tenant are not made within ten days after written notice delivered to Tenant by Landlord, Landlord may, at Tenant’s sole its option, make such repairs without liability to Tenant for any loss or damage which may result to its business by reason of such repairs. Tenant shall pay to Landlord the cost and expenseof such repairs upon demand, for trash removal from the Leased Premises, and for the maintenance, repair and replacement plus an amount equal to eighteen percent (including, but not limited to, lighting, snow removal and striping18%) of the parking lot located on the Leased Premisessuch cost as compensation for Landlord's administrative expenses.
Appears in 1 contract
Samples: Commercial Lease Agreement
Maintenance by Tenant. Except as provided in Section 6.03, Article 7 (aDamage or Destruction) and Article 8 (Condemnation), Tenant shall keep and maintain all portions of the entire Leased Premises in good order, condition, condition and 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 the roof, downspouts or gutters of the Building, and the Cooling Equipment, if applicable, in accordance with Section 11.2 hereof, whether such failure was negligent or intentional. Tenant shall be responsible for the repair and maintenance of any HVAC system located on the Leased Premises. Tenant shall be responsible for all operation and 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 the maintenance, repair and replacement (including, but not limited to, lightinginterior and exterior painting, snow removal systems and striping) equipment, roof (to the extent of the preventive maintenance arrangements hereafter required), parking lot lighting and pavement, landscaping and irrigation and signage provided that, except for damage caused by Tenant, Tenant shall not be responsible for replacement of the roof or replacement of the parking lot located on pavement). If any portion of the Leased Premises or any system or equipment in the Premises which Tenant is obligated to 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 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 Landlord. If any part of the Project is damaged by any act or omission of Tenant, Tenant shall pay Landlord the cost 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. It is the intention of Landlord and Tenant that at all times Tenant shall maintain the Premises in an attractive, first class, and fully operative condition.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Home Interiors & Gifts Inc)
Maintenance by Tenant. (a) Tenant shall at all times keep and maintain the entire Leased Premises in good order, condition, condition and repair (which shall include the providing of replacements when necessary) the entire Building and free Project excepting only the area demised to Xxxxxxxxxx under the Office Lease. However, if Tenant shall elect to perform such repair and maintenance obligations on behalf of trash and Xxxxxxxxxx, Tenant shall comply with Applicable Laws with respect be entitled to the manner receive reimbursement from Xxxxxxxxxx of its useXxxxxxxxxx’x Proportionate Share of any maintenance, occupancy and enjoyment replacement and/or repair of the Leased Premises. Tenant shallBuilding and Project, at its sole cost including, without limitation, the exterior and expense, maintain, repair, and replace all fixtures, equipment, improvements and systems in the Leased Premises, except for (i) the roof, downspouts or gutters structural portions 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 the roof, downspouts or gutters all glass and show window moldings; and all partitions, doors, interior walls, fixtures, equipment and appurtenances thereto, including lighting, heating and plumbing fixtures and any air conditioning system and sprinkler system, all parking areas, including paving and striping of the Buildingparking areas, reasonable and the Cooling Equipment, if applicable, in accordance with Section 11.2 hereof, whether such failure was negligent or intentionalordinary wear and tear excepted. Said maintenance costs to be reimbursed to Tenant shall be responsible include, without limitation, periodic painting as is reasonably necessary. All cutting and patching of the roof area required for the repair any reason whatsoever for Tenant’s use and maintenance of any HVAC system located on the Leased Premises. Tenant shall be responsible for all operation and maintenance costs associated with its occupancy of the Leased Premises except to shall be performed by the extent that such costs are Landlord’s roofing subcontractor. In the responsibility of Landlord under this Lease. Notwithstanding anything to the contrary contained in this Lease, it is specifically understood and agreed event that Tenant shall causes such work to be responsibleperformed by anyone other than the Landlord’s roofing subcontractor, Landlord will have the right, at Tenant’s sole cost and expenseexpense and without notice to Tenant, for trash removal from to cause said work and the Leased Premisesroof area affected thereby to be inspected and/or repaired by Landlord’s roofing subcontractor. All repairs, and for the maintenancereplacements, repair and replacement (including, but not limited to, lighting, snow removal and striping) or maintenance of any portion of the parking lot located on Premises shall be the Leased Premisessole responsibility of the Tenant and to be paid for by Tenant.
Appears in 1 contract
Samples: To Lease (Radiation Therapy Services Holdings, Inc.)
Maintenance by Tenant. Except as provided in Section 6.03, Article 7 (aDamage or Destruction) and Article 8 (Condemnation), Tenant shall keep all portions of the Premises (including structural items within the Premises, nonstructural items and maintain the entire Leased Premises components, systems and equipment) in good order, conditioncondition and repair (including interior repainting and refinishing, as needed). If any portion of the Premises or any system or equipment in the Premises which Tenant is obligated to 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 options), the useful life of such replacement shall be prorated over the remaining portion of the Lease Term (as extended), and repair and free Tenant shall be liable only for that portion of trash and shall comply with Applicable Laws with respect the cost which is applicable to the manner of its use, occupancy and enjoyment of the Leased PremisesLease Term (as extended). Tenant shall, at its sole cost and expense, maintain, repair, and replace all fixtures, equipment, improvements and systems in will maintain temperature of Premises sufficient to avoid freezing 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 the roof, downspouts or gutters of the Building, and the Cooling Equipment, if applicable, in accordance with Section 11.2 hereof, whether such failure was negligent or intentionalsprinkler system. Tenant shall be responsible for the repair maintain a preventive maintenance arrangement involving regular inspection and maintenance of the heating, ventilation, and air conditioning system by a licensed contractor approved in advance by the Landlord, unless Landlord maintains such equipment under Section 6.03 above. If any HVAC system located on part of the Leased Premises. Premises or the Project is damaged by any act or omission of Tenant, Tenant shall pay Landlord the cost of repairing or replacing such damaged property, whether or not Landlord would otherwise be responsible for obligated to pay the cost of maintaining or repairing such property. It is the intention of Landlord and Tenant that at all operation and maintenance costs associated with its occupancy times Tenant shall maintain the portions of the Leased Premises except Property which Tenant is obligated to the extent that such costs are the responsibility of Landlord under this Lease. Notwithstanding anything to the contrary contained maintain in this Leasean attractive, it is specifically understood first-class and agreed that Tenant shall be responsible, at Tenant’s sole cost and expense, for trash removal from the Leased Premises, and for the maintenance, repair and replacement (including, but not limited to, lighting, snow removal and striping) of the parking lot located on the Leased Premisesfully operative condition.
Appears in 1 contract
Samples: Industrial Real Estate Lease (Home Interiors & Gifts Inc)