Maintenance, Etc. (a) Lessee at its expense at all times shall: (i) keep the Equipment in good and efficient working order, condition and repair, ordinary wear and tear excepted, and make all inspections and repairs, including replacement of worn parts, to effect the foregoing and to comply with requirements of laws, regulations, rules and provisions and conditions of insurance policies; and (ii) pay all costs, expenses, fees and charges incurred in connection with the use or operation of the Equipment and of each Item, including but not limited to repairs, maintenance, storage and servicing. Lessee shall not make any alterations, substitutions, improvements or additions to the Equipment or Items, except those required in order to comply with laws, regulations, rules and insurance policies, unless Lessor first shall have consented thereto in writing. Notwithstanding any consent by Lessor, Lessee shall pay all costs and expenses of the foregoing. All replacements, repairs, improvements, alterations, substitutions and additions shall constitute accessions to the Equipment and title thereto shall vest in Lessor. (b) Lessor hereby transfers and assigns to Lessee, for so long during the Term and any Renewal Term as Lessee is not in default, Lessor's right, title and interest in, under and to any assignable factory and dealer warranty, whether express or implied, with respect to the Equipment. All claims and actions upon any warranty shall be made and prosecuted by Lessee at its sole cost and expense. Lessor shall have no obligation to make or prosecute any claim upon or under a warranty. So long as Lessee shall not be in default, Lessor shall cooperate with Lessee with respect to a claim on a non-assignable warranty, at Lessee's expense. Lessee shall have proceeds of a warranty claim or recovery paid to Lessor. Lessor shall make such proceeds available for any repair, restoration or replacement to correct such warranted condition. Excess proceeds shall be used to reduce Lessee's Lease obligations.
Appears in 3 contracts
Samples: Assignment and Assumption Agreement (Eagle Geophyical Inc), Master Equipment Lease Agreement (Eagle Geophyical Inc), Master Equipment Lease Agreement (C H Robinson Inc)
Maintenance, Etc. (aA) Lessee at its expense at all times shall: (i) keep the Equipment in good and efficient working order, condition and repair, ordinary wear and tear excepted, and make all inspections and repairs, including replacement of worn parts, to effect the foregoing and to comply with requirements of laws, regulations, rules and provisions and conditions of insurance policies; and (ii) pay all costs, expenses, fees and charges incurred in connection with the use or operation of the Equipment and of each Itemitem, including but not limited to repairs, maintenance, storage and servicing. Lessee shall not make any alterations, substitutions, improvements or additions to the Equipment or Items, except those required in order to comply with laws, regulations, rules and insurance policies, unless Lessor first shall have consented thereto in writing. Notwithstanding any consent by Lessor, Lessee shall pay all costs and expenses of the foregoing. All replacements, repairs, improvements, alterations, substitutions and additions shall constitute accessions to the Equipment and title thereto shall vest in be subject to Lessor's security interest.
(bB) Lessor hereby transfers and assigns to Lessee, for so long during the Term and any Renewal Term as Lessee is not in default, Lessor's right, title and interest in, under and to any assignable factory and dealer warranty, whether express or implied, with respect to the Equipment. All claims and actions upon any warranty shall be made and prosecuted by Lessee at its sole cost and expense. Lessor shall have no obligation to make or prosecute any claim upon or under a warranty. So long as Lessee shall not be in default, Lessor shall cooperate with Lessee with respect to a claim on a non-assignable warranty, at Lessee's expense. Lessee shall have proceeds of a warranty claim or recovery paid to Lessor. Lessor shall make such proceeds available for any repair, restoration or replacement to correct such warranted condition. Excess proceeds shall be used to reduce Lessee's Lease obligations.
Appears in 1 contract
Samples: Master Lease Purchase Agreement (Pharmchem Laboratories Inc)
Maintenance, Etc. (a) Lessee at its expense at all times shall: (i) keep the Equipment in good and efficient working order, condition and repair, ordinary wear and tear excepted, and make all inspections and repairs, including replacement of worn parts, to effect the foregoing and to comply with requirements of laws, regulations, rules and provisions and conditions of insurance policies; and (ii) pay all costs, expenses, fees and charges incurred in connection with the use or operation of the Equipment and of each Item, including but not limited to repairs, maintenance, storage and servicing. Lessee shall not make any alterations, substitutions, improvements or additions to the Equipment or Items, except those required in order to comply with laws, regulations, rules and insurance policies, unless Lessor first shall have consented thereto in writing. Notwithstanding any consent by Lessor, Lessee shall pay all costs and expenses of the foregoing. All replacements, repairs, improvements, alterations, substitutions and additions shall constitute accessions to the Equipment and title thereto shall vest in be subject to Lessor's security interest.
(b) Lessor hereby transfers and assigns to Lessee, for so long during the Term and any Renewal Term as Lessee is not in default, Lessor's right, title and interest in, under and to any assignable factory and dealer warranty, whether express or implied, with respect to the Equipment. All claims and actions upon any warranty shall be made and prosecuted by Lessee at its sole cost and expense. Lessor shall have no obligation to make or prosecute any claim upon or under a warranty. So long as Lessee shall not be in default, Lessor shall cooperate with Lessee with respect to a claim on a non-assignable warranty, at Lessee's expense. Lessee shall have proceeds of a warranty claim or recovery paid to Lessor. Lessor shall make such proceeds available for any repair, restoration or replacement to correct such warranted condition. Excess proceeds shall be used to reduce Lessee's Lease obligations.or
Appears in 1 contract
Samples: Master Lease Purchase Agreement (Amscan Holdings Inc)
Maintenance, Etc. (a) Lessee at its expense at all times shall: (i) keep ¨ The Landlord shall carry out and bear the Equipment in good and efficient working order, condition and repair, ordinary wear and tear excepted, and make all inspections and repairs, including replacement cost of worn parts, to effect the foregoing and to comply with requirements of laws, regulations, rules and provisions and conditions of insurance policies; and (ii) pay all costs, expenses, fees and charges incurred in connection with the use or operation necessary maintenance of the Equipment premises and furnishings/fittings/fixtures supplied by him. However, the Tenant shall be responsible for Appendix x The Tenant shall carry out and bear the cost of each Itemnecessary maintenance of the surface of floors, including but walls and ceiling, as well as of furnishings/fittings/fixtures provided by the Landlord. The Tenant’s maintenance obligation includes Appendix Where the Tenant does not limited fulfill his maintenance obligations and does not within a reasonable time carry out rectification works following a written demand, then the Landlord shall be entitled to repairsfulfill these obligations at the Tenant’s expense. Note that in certain cases, maintenancein addition to marking a box with an X, storage and servicing. Lessee shall not make any alterations, substitutions, improvements or additions an appendix must be appended to the Equipment or Items, except those required Agreement in order for the agreement set forth in such appendix to comply with laws, regulations, rules and insurance policies, unless Lessor first shall have consented thereto in writingbe binding. Notwithstanding any consent by Lessor, Lessee shall pay all costs and expenses of the foregoing. All replacements, repairs, improvements, alterations, substitutions and additions shall constitute accessions to the Equipment and title thereto shall vest in Lessor.
(b) Lessor hereby transfers and assigns to LesseeThis applies, for so long during the Term and any Renewal Term as Lessee is not in default, Lessor's right, title and interest in, under and to any assignable factory and dealer warranty, whether express or impliedexample, with respect to an index clause, a property tax clause and the EquipmentTenant’s right to a reduction of rent in conjunction with customary maintenance. All claims In addition, see Instructions prepared by the organizations. Notice: This is a translation into English of form no. 12B Initial Initial License number: 0000-0000-00. Version no. 6.5. Registered to: Kungsleden Fastighets AB. [initialed] FOR NON-RESIDENTIAL PREMISES No. 33001 7724 07 ¨ The allocation of the maintenance obligations is set forth as per separate appendix. Appendix Management and actions upon any warranty operation Unless otherwise agreed, the Landlord shall, where applicable, manage, operate, and maintain the public and common areas. The Tenant shall be made entitled, without the Landlord’s written consent, to carry out any fitting and/or installation or alteration works within the premises or otherwise within the property, which directly affects the structural components of the building or installations important to the functioning of the property, such as water and prosecuted sewage, electricity, ventilation systems, etc., which are the property of the Landlord. Sprinkler heads and ventilation equipment may not be covered by Lessee any fixtures/fittings by the Tenant in such a manner as to reduce the functioning of such equipment. In conjunction with the performance of fitting out works, the Tenant shall ensure that the functioning of radiators and other heating equipment is maintained in all significant respects. Inspections Where any defects and/or deficiencies are found subsequent to an inspection by a relevant authority, in the electrical and sprinkler equipment is the property of the Tenant, the Tenant shall, at its sole his own cost and within the period prescribed by the relevant authority, carry out any measures required. Where the Tenant has not rectified the defects and/or deficiencies within the stated time, the Landlord shall be entitled, at the Tenant’s expense, to carry out such measures as are required by the relevant authority. Lessor Access to certain spaces The Tenant shall keep areas to which the maintenance to personnel and personnel from the energy utilities, water and sewage utilities, the telephone company, and any like organization must have no obligation access to, easily accessible by keeping such areas free of cupboards, crates, goods, or any other obstruction. Building material specifications Whether, pursuant to make the provisions of this Agreement or prosecute any claim upon otherwise, the Tenant performs maintenance, improvement, or under alteration works in respect of the premises, the Tenant shall provide the Landlord, in good time prior to the execution of such work, with specification of the building materials – to the extent such have been prepared – for the products and materials to be used on the premises. Planning and Building Code (PBL) fines When the Tenant undertakes alterations to the premises without the requisite construction permit and, as a warrantyconsequence thereof the Landlord is compelled to pay construction fines or supplemental fees pursuant to the rules set forth in the Planning and Building Code (PBL), the Tenant shall reimburse the Landlord in respect of this. So long as Lessee Reduction of rent The Tenant shall not be entitled to a reduction in defaultrent for the period during which the Landlord allows work to be carried out in order to place the premises in the agreed condition, Lessor shall cooperate or other works specifically set forth in the Agreement. ¨ The Tenant’s right to a reduction in rent during the Landlord’s performance of customary Appendix Note that in certain cases, in addition to marking a box with Lessee an X, an appendix must be appended to the Agreement in order for the agreement set forth in such appendix to be binding. This applies, for example, with respect to an index clause, a claim on property tax clause and the Tenant’s right to a nonreduction of rent in conjunction with customary maintenance. In addition, see Instructions prepared by the organizations. Notice: This is a translation into English of form no. 12B Initial Initial License number: 0000-assignable warranty0000-00. Version no. 6.5. Registered to: Kungsleden Fastighets AB. [initialed] FOR NON-RESIDENTIAL PREMISES No. 33001 7724 07 maintenance of the leased premises or the property shall be governed by a separate appendix. Requirement imposed by relevant authorities, etc. ¨ The Landlord x The Tenant shall be solely responsible for, and bear the cost of, undertaking measures which may be required for the intended use of the premises by insurance companies, building authorities, environmental or health authorities, fire departments, or other relevant authorities after the date of taking possession. The Tenant shall consult with the Landlord prior to undertaking any such measures. Note that in certain cases, in addition to marking a box with an X, an appendix must be appended to the Agreement in order for the agreement set forth in such appendix to be binding. This applies, for example, with respect to an index clause, a property tax clause and the Tenant’s right to a reduction of rent in conjunction with customary maintenance. In addition, see Instructions prepared by the organizations. Notice: This is a translation into English of form no. 12B Initial Initial License number: 0000-0000-00. Version no. 6.5. Registered to: Kungsleden Fastighets AB. [initialed] FOR NON-RESIDENTIAL PREMISES No. 33001 7724 07 Signs, awnings, windows, doors, etc. Following consultation with the Landlord, the Tenant shall be entitled to display a customary business sign, provided that the Landlord has not reasonably denied the same and that the Tenant has obtained the requisite permit from the relevant authority. Upon surrender of the premises, the Tenant shall restore the facade of the building to an acceptable condition. In conjunction with more extensive property maintenance, such as the renovation of facades, etc, the Tenant shall, at Lessee's expensehis own cost and without compensation, dismantle and reassemble signs, awnings, and antennas. Lessee The Landlord undertakes not to fix vending machines and display cabinets on the exterior walls of the premises let to the Tenant without the Tenant’s consent, and grants to the Tenant an option to fix vending machines and display cabinets on the walls in question. ¨ The Landlord x The Tenant is liable for any damage due to negligence or malicious intent to x windows x display/shop windows x entrance doors x signs x Damage due to breaking/entering/robbery x The Tenant shall purchase and maintain glass insurance with respect to all display/shop windows and entrance doors appurtenant to the premises. Locks ¨ The Landlord x The Tenant shall equip the premises with such locks and anti-theft devices as may be required to ensure the validity of the Tenant’s business insurance. Force majeure The Landlord shall not be compelled to perform his obligations under this Agreement or pay any damages where, as a consequence of acts of war or riots, work stoppages, blockades, fires, explosions, or intervention by a public authority over which the Landlord has no control and which could not have proceeds been foreseen, and the Landlord is prevented entirely from performing his obligations or may only be able to do so at abnormally high cost. Security This Agreement is contingent upon the provision of security in the form of a warranty claim or recovery paid ¨ Bank guarantee ¨ Personal guarantee ¨ To be provided no later than Appendix Special provisions - Value added tax clause - Special provisions Appendix 3 4 Note that in certain cases, in addition to Lessormarking a box with an X, an appendix must be appended to the Agreement in order for the agreement set forth in such appendix to be binding. Lessor This applies, for example, with respect to an index clause, a property tax clause and the Tenant’s right to a reduction of rent in conjunction with customary maintenance. In addition, see Instructions prepared by the organizations. Notice: This is a translation into English of form no. 12B Initial Initial License number: 0000-0000-00. Version no. 6.5. Registered to: Kungsleden Fastighets AB. [initialed] FOR NON-RESIDENTIAL PREMISES No. 33001 7724 07 Signature This Agreement, which may not be registered without specific consent, has been prepared in two identical copies of which each party has received one. All prior agreements between the parties with respect to these premises shall make cease to apply commencing on the date of the execution of this Agreement. Place/date [hw:] 080317 Place/date [hw:] 080313 Landlord I-Parken i Xxxx XX [signature] Tenant Novozymes Biopharma AB [signature] Printed name [stamp:] Xxxxx Xxxxxx [stamp:] Xxxxx Xxxxxxxx Printed name [hw:] [illegible] Agreement with respect to the surrender of the premises As a consequence of an agreement entered into on this day, the Agreement shall cease to apply commencing at which time the Tenant undertakes to surrender the premises. Place/date Place/date Landlord Tenant Assignment This Lease Agreement is hereby assigned to commencing Assignor Assignee (New Tenant) National ID/co. registration no. The above referenced assignment is hereby approved Place/date Landlord Note that in certain cases, in addition to marking a box with an X, an appendix must be appended to the Agreement in order for the agreement set forth in such proceeds available appendix to be binding. This applies, for any repairexample, restoration or replacement with respect to correct such warranted conditionan index clause, a property tax clause and the Tenant’s right to a reduction of rent in conjunction with customary maintenance. Excess proceeds shall be used to reduce Lessee's Lease obligations.In addition, see Instructions prepared by the organizations. Notice: This is a translation into English of form no. 12B Initial Initial
Appears in 1 contract
Samples: Contract Transfer of Existing Lease Agreement (Repligen Corp)