Maintenance of Leased Premises. LESSOR shall be responsible for all structural maintenance of the Leased Premises including without limitation the roof of the Building of which the Leased Premises are a part and for the normal maintenance, repair and replacement of all LESSOR’s heating and cooling equipment, doors, locks, plumbing, and electrical wiring and base Building electrical and mechanical equipment, elevators, base Building fire and life-safety systems, common areas and lavatories, parking areas and walkways, all in accordance with standards applicable to comparable first class research laboratory and office buildings in the mid-Cambridge submarket, but specifically excluding damage caused by the careless, malicious, willful, or negligent acts of LESSEE, and chemical, water or corrosion damage from any source within the control of LESSEE. LESSEE agrees to maintain at its expense all other elements and components of the Leased Premises in the same condition as they are at the commencement of the Term or as they may be put in during the Term of this lease, normal wear and tear and damage by fire or casualty only excepted, and whenever necessary, to replace light bulbs (after the first six months of the Term), plate glass and other glass therein, acknowledging that the Leased Premises upon delivery are in good order and the light bulbs and glass whole. LESSEE will properly control or vent all solvents, degreasers, and the like and shall not cause the area surrounding the Leased Premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall not permit the Leased Premises to be overloaded, damaged, stripped or defaced, suffer any waste of the Leased Premises, nor keep any animals within the Leased Premises (except as otherwise expressly provided herein). Any maintenance which is the responsibility of LESSOR and which is necessitated by some specific aspect of LESSEE’s willful acts or negligent use of the Leased Premises shall be at LESSEE’s expense. All maintenance provided by LESSOR shall be performed as reasonably required at LESSOR’s discretion and, except for emergencies, during LESSOR’s normal business hours (unless the same shall materially interfere with the operation of LESSEE’S business, in which case during reasonable times that will minimize interference). LESSEE may not keep any animals on the Leased Premises without prior written notice to and approval from LESSOR in each instance, which approval may be denied or conditioned in LESSOR’s reasonable discretion. LESSEE shall be solely responsible for maintenance and operation of any and all of its systems installed or servicing the Leased Premises, and shall waive any and all claims against LESSOR and other tenants in the Building for any damage, impairment, or loss relative to these systems unless caused by the acts or negligent or reckless acts of those persons. Specifically, LESSEE shall maintain, at its sole expense, and pay all charges for electrical service and use of, the following: (a) LESSEE’s customized “cold room” or “warm room” (if any) and all equipment associated with its operation; and, (b) backflow preventers; (c) acid neutralization chip tanks; and (d) any other specialized equipment or mechanical systems servicing the Leased Premises. If for any reason the LESSEE vacates the Leased Premises or intends the same to be unoccupied other than during LESSEE’s customary non-business days or hours, LESSEE shall be responsible to maintain active oversight and control over the Leased Premises by a qualified individual or entity who will physically monitor the same on a daily basis to ensure safety and security therein.
Appears in 2 contracts
Samples: Attornment Agreement (Mersana Therapeutics, Inc.), Attornment Agreement (Mersana Therapeutics, Inc.)
Maintenance of Leased Premises. LESSOR shall be responsible for all exterior and structural maintenance of the Leased Premises (including without limitation exterior plate glass), the maintenance and repair of the Building, including without limitation the roof and foundation of the Building of which the Leased Premises are a part part, and for the normal maintenance, repair and replacement of all common areas serving the Premises, and LESSOR’s heating and cooling equipment, doors, locks, plumbing, and electrical wiring wiring, and base other Building electrical systems serving the Premises and mechanical equipment, elevators, base Building fire and life-safety systems, common areas and lavatories, parking areas and walkways, all in accordance with standards applicable to comparable first class research laboratory and office buildings in of the mid-Cambridge submarket, but specifically excluding Building; except for damage caused by the careless, malicious, willful, or negligent acts of LESSEE, and chemical, water or corrosion damage from any source within the control of LESSEELESSEE (subject to the last paragraph of Section 17). Additionally, LESSOR warrants to repair or replace (in LESSOR’s discretion in each instance) major components of the “Premises Specific Mechanical Equipment”, which consists of: (i) the make-up air units in the laboratory area of the Leased Premises, and (ii) the exclusive supplemental HVAC units in the laboratory and office areas; from the Commencement Date forward (provided the same remain in good working order and condition during and at the end of the Bluebird / Dimensions Sublease; responsibility for which to be as determined under the Bluebird Lease up to the Commencement Date). In the discharge of LESSOR’s responsibility for the Premises Specific Mechanical Equipment, LESSOR shall have the option to contract with a reputable service provider for a comprehensive preventative maintenance service plan, the cost and expense of which (as relates to the Leased Premises) shall be borne by LESSEE and promptly paid upon separate invoicing by LESSOR. Consequently, LESSOR’s only warranty as to the Premises Specific Mechanical Equipment shall be for extraordinary major component failure and repair, and not for usual and ordinary maintenance and repairs. LESSEE agrees to maintain at its expense all other elements and components of the Leased Premises in the same condition as they are at the commencement of the Term or as they may be put in during the Term of this leaseDelivery Date, normal wear and tear and damage by fire or casualty only excepted, and whenever necessary, to replace light bulbs (after the first six months of the Term)bulbs, interior plate glass and other glass therein, acknowledging that the Leased Premises upon delivery under the Bluebird / Dimensions Sublease, the Leased Premises) are in good order and repair and the light bulbs and glass whole. LESSOR shall be responsible for the periodic inspection, maintenance and repair of all Premises Specific Mechanical Equipment in the Leased Premises throughout the Lease Term (with direct separate charges passed on to the LESSEE), and LESSOR may retain the services of an outside third party maintenance contractor toward this end. LESSEE will properly control or vent all solvents, degreasers, and the like and shall not cause the area surrounding the Leased Premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall not permit the Leased Premises to be overloaded, damaged, stripped or defaced, suffer any waste of the Leased Premises, nor keep any animals within the Leased Premises (except as otherwise expressly provided herein). Any maintenance which is the responsibility of LESSOR and which is necessitated by some specific aspect of LESSEE’s willful acts negligent or negligent reckless use of the Leased Premises shall be at LESSEE’s expenseexpense (subject to the last paragraph of Section 17). All maintenance provided by LESSOR shall be performed as reasonably required at LESSOR’s discretion and, and except for emergencies, during LESSOR’s normal business hours (unless the same shall materially interfere with the operation of LESSEE’S business, in which case during reasonable times that will minimize interference). LESSEE may not keep any animals on the Leased Premises without prior written notice to and approval from LESSOR in each instance, which approval may be denied or conditioned in LESSOR’s reasonable discretionhours. LESSEE shall be solely responsible for maintenance and operation of any and all of its systems installed or servicing by the Leased Premises, LESSEE and shall waive any and all claims against LESSOR and other tenants in the Building for any damage, impairment, or loss relative to these systems unless such damage is caused by the acts or negligent or reckless acts of those personsLESSOR. Specifically, LESSEE shall maintain, at its sole expense, and pay all charges for electrical service and use of, the following: (a) of all LESSEE’s customized “cold room” or “warm room” (if any) and all equipment associated with its operation. LESSOR shall provide: (a) for maintenance, repair and upkeep for the landscaping on the property; and, (b) backflow preventersjanitorial services in the common areas; (c) acid neutralization chip tankshot and cold water for lavatories, restrooms, kitchenettes and potable water; and (d) any other specialized equipment or mechanical systems servicing its standard security system into the Leased Premises. If Building, with LESSEE to be responsible for any reason the LESSEE vacates installation, monitoring, maintenance and repair of its own security system into the Leased Premises or intends from the same adjacent common areas, and to be unoccupied other than during LESSEE’s customary non-business days or hours, LESSEE shall be responsible coordinate the means of emergency access/egress to maintain active oversight and control over from the Leased Premises by a qualified individual or entity who will physically monitor with LESSOR, and with LESSOR to reasonably cooperate with LESSEE to the same on a daily basis extent practicable (without any additional cost to ensure safety and security thereinLESSOR).
Appears in 2 contracts
Samples: Indenture of Lease (Dimension Therapeutics, Inc.), Indenture of Lease (Dimension Therapeutics, Inc.)
Maintenance of Leased Premises. LESSOR shall be responsible for all structural maintenance of the Leased Premises including without limitation the roof of the Building of which the Leased Premises are a part and for the normal maintenance, repair and replacement of all LESSOR’s heating and cooling equipment, doors, locks, plumbing, and electrical wiring and base Building electrical and mechanical equipment, elevators, base Building fire and life-safety systems, common areas and lavatories, parking areas and walkways, all in accordance with standards applicable to comparable first class research laboratory and office buildings in the mid-Cambridge submarket, but specifically excluding damage caused by the careless, malicious, willful, or negligent acts of LESSEE, and chemical, water or corrosion damage from any source within the control of LESSEE. The LESSEE agrees to maintain at its expense all other elements and components of the Leased Premises in the same condition as they are at the commencement of the Term term or as they may be put in during the Term term of this leaseLease, normal reasonable wear and tear and tear, damage by fire or fire, other casualty and eminent domain, and matters for which the LESSOR is responsible hereunder only excepted, to provide its own interior janitorial service, to install and maintain its own security system as it considers appropriate and, whenever necessary, to replace light bulbs (after the first six months of the Term), plate glass and other glass therein, acknowledging therein with that of the same quality as that damaged or injured. LESSEE shall be responsible for the costs of maintaining the HVAC System servicing the Leased Premises upon delivery are in good order and the light bulbs and glass whole. LESSEE will properly control or vent all solvents, degreasersPremises, and the like shall be responsible for all repairs and shall not cause the area surrounding the Leased Premises replacements to be in anything other than a neat and clean condition, depositing all waste in appropriate receptaclessaid system. The LESSEE shall not permit the Leased Premises to be overloaded, damaged, stripped stripped, or defaced, nor suffer any waste waste. LESSEE shall obtain written consent of LESSOR before 19 -19- erecting any sign on or about the Leased Premises, nor which consent shall not be unreasonably withheld or delayed. LESSEE further covenants and agrees: to take all reasonably necessary actions to insure that smoke, fumes, vapors and odors will not permeate any building containing the Leased Premises and will be removed only through the exhaust and ventilating system servicing the Leased Premises; to keep any animals within the Leased Premises free of pests, roaches and vermin; to keep all trash garbage and debris stored on the Leased Premises (except as otherwise expressly provided herein). Any maintenance which is and not in any other portions of the responsibility of Building) in adequate covered containers, approved by LESSOR and which is necessitated placed in locations or areas approved by some specific aspect of LESSEE’s willful acts or negligent use LESSOR in writing and to arrange for the regular removal thereof once each day; to provide for the frequent and adequate cleaning of the Leased Premises shall be at LESSEE’s expenseand all walls, floors, fixtures and equipment therein consistent with its use. All maintenance provided by LESSOR shall be performed as reasonably required at LESSOR’s discretion andmaintain in good condition the structural elements and the roof of the Building, except for emergencies, during LESSOR’s normal business hours the mechanical equipment and systems in the Building (unless the same shall materially interfere with the operation of LESSEE’S business, in other than such equipment and systems which case during reasonable times that will minimize interference). LESSEE may not keep any animals on the Leased Premises without prior written notice to and approval from LESSOR in each instance, which approval may be denied are located within or conditioned in LESSOR’s reasonable discretion. LESSEE shall be solely responsible for maintenance and operation of any and all of its systems installed or servicing exclusively serve the Leased Premises, and other than LESSEE's maintenance obligations otherwise provided herein), and the common areas of the Building. LESSOR shall waive any and all claims against LESSOR and other tenants in provide for the Building for any damage, impairment, or loss relative to these systems unless caused by benefit of LESSEE adequate internal signage identifying LESSEE's location within the acts or negligent or reckless acts of those personsBuilding. Specifically, LESSEE shall maintain, at pay its sole expense, proportionate share for these expenses and pay all charges for electrical service and use of, the following: (a) LESSEE’s customized “cold room” or “warm room” (if any) and all equipment associated with its operation; and, (b) backflow preventers; (c) acid neutralization chip tanks; and (d) any other specialized equipment or mechanical systems servicing the Leased Premises. If for any reason the LESSEE vacates the Leased Premises or intends the same to be unoccupied other than during LESSEE’s customary non-business days or hours, LESSEE shall be responsible to maintain active oversight and control over the Leased Premises by a qualified individual or entity who will physically monitor the same on a daily basis to ensure safety and security thereinservices as set out in paragraph 5 above.
Appears in 1 contract
Samples: Leukosite Inc
Maintenance of Leased Premises. LESSOR shall be responsible for all exterior and structural maintenance of the Leased Premises (including without limitation exterior plate glass), the maintenance and repair of the Building, including without limitation the roof and foundation of the Building of which the Leased Premises are a part part, and for the normal maintenance, repair and replacement of all common areas serving the Premises, and LESSOR’s heating and cooling equipment, doors, locks, plumbing, and electrical wiring wiring, and base other Building electrical systems serving the Premises and mechanical equipment, elevators, base Building fire and life-safety systems, common areas and lavatories, parking areas and walkways, all in accordance with standards applicable to comparable first class research laboratory and office buildings in of the mid-Cambridge submarket, but specifically excluding Building; except for damage caused by the careless, malicious, willful, or negligent acts of LESSEE, and chemical, water or corrosion damage from any source within the control of LESSEELESSEE (subject to the last paragraph of Section 17). Additionally, LESSOR warrants to repair or replace (in LESSOR’s discretion in each instance) major components of the “Premises Specific Mechanical Equipment”, which consists of: (i) the make-up air units in the laboratory area of the Leased Premises, and (ii) the exclusive supplemental HVAC units in the laboratory and office areas; from the Commencement Date forward ( provided the same remain in good working order and condition during and at the end of the Bluebird / Dimensions Sublease; responsibility for which to be as determined under the Bluebird Lease up to the Commencement Date). In the discharge of LESSOR’s responsibility for the Premises Specific Mechanical Equipment, LESSOR shall have the option to contract with a reputable service provider for a comprehensive preventative maintenance service plan, the cost and expense of which (as relates to the Leased Premises) shall be borne by LESSEE and promptly paid upon separate invoicing by LESSOR. Consequently, LESSOR’s only warranty as to the Premises Specific Mechanical Equipment shall be for extraordinary major component failure and repair, and not for usual and ordinary maintenance and repairs. LESSEE agrees to maintain at its expense all other elements and components of the Leased Premises in the same condition as they are at the commencement of the Term or as they may be put in during the Term of this leaseDelivery Date, normal wear and tear and damage by fire or casualty only excepted, and whenever necessary, to replace light bulbs (after the first six months of the Term)bulbs, interior plate glass and other glass therein, acknowledging that the Leased Premises upon delivery under the Bluebird / Dimensions Sublease, the Leased Premises) are in good order and repair and the light bulbs and glass whole. LESSOR shall be responsible for the periodic inspection, maintenance and repair of all Premises Specific Mechanical Equipment in the Leased Premises throughout the Lease Term (with direct separate charges passed on to the LESSEE), and LESSOR may retain the services of an outside third party maintenance contractor toward this end. LESSEE will properly control or vent all solvents, degreasers, and the like and shall not cause the area surrounding the Leased Premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall not permit the Leased Premises to be overloaded, damaged, stripped or defaced, suffer any waste of the Leased Premises, nor keep any animals within the Leased Premises (except as otherwise expressly provided herein). Any maintenance which is the responsibility of LESSOR and which is necessitated by some specific aspect of LESSEE’s willful acts negligent or negligent reckless use of the Leased Premises shall be at LESSEE’s expenseexpense (subject to the last paragraph of Section 17). All maintenance provided by LESSOR shall be performed as reasonably required at LESSOR’s discretion and, and except for emergencies, during LESSOR’s normal business hours (unless the same shall materially interfere with the operation of LESSEE’S business, in which case during reasonable times that will minimize interference). LESSEE may not keep any animals on the Leased Premises without prior written notice to and approval from LESSOR in each instance, which approval may be denied or conditioned in LESSOR’s reasonable discretionhours. LESSEE shall be solely responsible for maintenance and operation of any and all of its systems installed or servicing by the Leased Premises, LESSEE and shall waive any and all claims against LESSOR and other tenants in the Building for any damage, impairment, or loss relative to these systems unless such damage is caused by the acts or negligent or reckless acts of those personsLESSOR. Specifically, LESSEE shall maintain, at its sole expense, and pay all charges for electrical service and use of, the following: (a) of all LESSEE’s customized “cold room” or “warm room” (if any) and all equipment associated with its operation. LESSOR shall provide: (a) for maintenance, repair and upkeep for the landscaping on the property; and, (b) backflow preventersjanitorial services in the common areas; (c) acid neutralization chip tankshot and cold water for lavatories, restrooms, kitchenettes and potable water; and (d) any other specialized equipment or mechanical systems servicing its standard security system into the Leased Premises. If Building, with LESSEE to be responsible for any reason the LESSEE vacates installation, monitoring, maintenance and repair of its own security system into the Leased Premises or intends from the same adjacent common areas, and to be unoccupied other than during LESSEE’s customary non-business days or hours, LESSEE shall be responsible coordinate the means of emergency access/egress to maintain active oversight and control over from the Leased Premises by a qualified individual or entity who will physically monitor with LESSOR, and with LESSOR to reasonably cooperate with LESSEE to the same on a daily basis extent practicable (without any additional cost to ensure safety and security thereinLESSOR).
Appears in 1 contract
Samples: Indenture of Lease (Ultragenyx Pharmaceutical Inc.)
Maintenance of Leased Premises. LESSOR shall be responsible for all structural maintenance of the Leased Premises including without limitation the roof of the Building of which the Leased Premises are a part and for the normal maintenance, repair and replacement of all LESSOR’s heating and cooling equipment, doors, locks, plumbing, and electrical wiring and base Building electrical and mechanical equipment, elevators, base Building fire and life-safety systems, common areas and lavatories, parking areas and walkways, all in accordance with standards applicable to comparable first class research laboratory and office buildings in the mid-Cambridge submarket, but specifically excluding damage caused by the careless, malicious, willful, or negligent acts of LESSEE, and chemical, water or corrosion damage from any source within the control of LESSEE. LESSEE agrees to maintain at its expense all other elements and components of the Leased Premises in the same condition as they are at the commencement of the Term or as they may be put in during the Term of this lease, normal wear and tear and damage by fire or casualty only excepted, and whenever necessary, to replace light bulbs (after the first six months of the Term), plate glass and other glass therein, acknowledging that the Leased Premises upon delivery are in good order and the light bulbs and glass whole. LESSEE will properly control or vent all solvents, degreasers, and the like and shall not cause the area surrounding the Leased Premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall not permit the Leased Premises to be overloaded, damaged, stripped or defaced, suffer any waste of the Leased Premises, nor keep any animals within the Leased Premises (except as otherwise expressly provided herein). Any maintenance which is the responsibility of LESSOR and which is necessitated by some specific aspect of LESSEE’s willful acts or negligent use of the Leased Premises shall be at LESSEE’s expense. All maintenance provided by LESSOR shall be performed as reasonably required at LESSOR’s discretion and, and except for emergencies, during LESSOR’s normal business hours (unless the same shall materially interfere with the operation of LESSEE’S business, in which case during reasonable times that will minimize interference). LESSEE may not keep any animals on the Leased Premises without prior written notice to and approval from LESSOR in each instance, which approval may be denied or conditioned in LESSOR’s reasonable discretion. LESSEE shall be solely responsible for maintenance and operation of any and all of its systems installed or servicing the Leased Premises, and shall waive any and all claims against LESSOR and other tenants in the Building for any damage, impairment, or loss relative to these systems unless caused by the acts or negligent or reckless acts of those persons. Specifically, LESSEE shall maintain, at its sole expense, and pay all charges for electrical service and use of, the following: (a) LESSEE’s customized “cold room” or “warm room” (if any) and all equipment associated with its operation; and, (b) backflow preventers; (c) acid neutralization chip tanks; and (d) any other specialized equipment or mechanical systems servicing the Leased Premises. If for any reason the LESSEE vacates the Leased Premises or intends the same to be unoccupied other than during LESSEE’s customary non-business days or hours, LESSEE shall be responsible to maintain active oversight and control over the Leased Premises by a qualified individual or entity who will physically monitor the same on a daily basis to ensure safety and security therein.
Appears in 1 contract
Samples: Indenture of Lease (NeoStem, Inc.)
Maintenance of Leased Premises. LESSOR (A) MAINTENANCE BY LESSOR. Lessor shall, at Lessor's sole expense, make all repairs and replacements which may be necessary to maintain in good condition the roof, foundation, and structural walls (excluding breakable components thereof) of all improvements located on the Leased Premises. However, Lessor may under no circumstances be held liable to Lessee for any damage resulting from failure to make roof repairs unless, prior to the occurrence of such damages, Lessee had given Lessor written notice of the existence and approximate location of the defect at least ten days prior to the period of time reasonably necessary to complete the repairs, and both such ten days and such period of time had expired. Lessor shall also, at Lessor's sole expense, replace air conditioning and/or heating equipment (or major components thereof) and plumbing fixtures which are owned by Lessor and which become unusable (i.e., cannot be responsible repaired) due to normal deterioration. However, Lessor may not under any circumstances be required to provide any such maintenance for all structural maintenance repairs or replacements which become necessary or desirable as a result of any act or negligence of Lessee (or Lessee's employees, agents, or invitees) unless (and only to the extent) the repairs made necessary or desirable by such act of negligence are covered by Lessor's insurance. If, as a result of the making of any such repairs or replacements, Lessee is deprived of the use of a material portion of the Leased Premises including without limitation the roof for a substantial period of the Building of which the Leased Premises are a part and for the normal maintenance, repair and replacement of all LESSOR’s heating and cooling equipment, doors, locks, plumbing, and electrical wiring and base Building electrical and mechanical equipment, elevators, base Building fire and life-safety systems, common areas and lavatories, parking areas and walkways, all in accordance with standards applicable to comparable first class research laboratory and office buildings in the mid-Cambridge submarket, but specifically excluding damage caused by the careless, malicious, willfultime, or negligent acts Lessee's business is seriously interrupted for a substantial period of LESSEEtime, and chemical, water or corrosion damage from any source within the control of LESSEE. LESSEE agrees rent payable by Lessee to maintain at its expense all other elements and components of the Leased Premises in the same condition as they are at the commencement of the Term or as they may be put in during the Term of this lease, normal wear and tear and damage by fire or casualty only excepted, and whenever necessary, to replace light bulbs (after the first six months of the Term), plate glass and other glass therein, acknowledging that the Leased Premises upon delivery are in good order and the light bulbs and glass whole. LESSEE will properly control or vent all solvents, degreasers, and the like and shall not cause the area surrounding the Leased Premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall not permit the Leased Premises to be overloaded, damaged, stripped or defaced, suffer any waste of the Leased Premises, nor keep any animals within the Leased Premises (except as otherwise expressly provided herein). Any maintenance which is the responsibility of LESSOR and which is necessitated by some specific aspect of LESSEE’s willful acts or negligent use of the Leased Premises Lessor shall be at LESSEE’s expense. All maintenance provided by LESSOR shall be performed as reasonably required at LESSOR’s discretion and, except equitably reduced for emergencies, during LESSOR’s normal business hours (unless the same shall materially interfere with the operation of LESSEE’S business, in which case during reasonable times that will minimize interference). LESSEE may not keep any animals on the Leased Premises without prior written notice to and approval from LESSOR in each instance, which approval may be denied or conditioned in LESSOR’s reasonable discretion. LESSEE shall be solely responsible for maintenance and operation of any and all of its systems installed or servicing the Leased Premises, and shall waive any and all claims against LESSOR and other tenants in the Building for any damage, impairment, or loss relative to these systems unless caused by the acts or negligent or reckless acts of those persons. Specifically, LESSEE shall maintain, at its sole expense, and pay all charges for electrical service and use of, the following: (a) LESSEE’s customized “cold room” or “warm room” (if any) and all equipment associated with its operation; and, (b) backflow preventers; (c) acid neutralization chip tanks; and (d) any other specialized equipment or mechanical systems servicing the Leased Premises. If for any reason the LESSEE vacates the Leased Premises or intends the same to be unoccupied other than during LESSEE’s customary non-business days or hours, LESSEE shall be responsible to maintain active oversight and control over the Leased Premises by a qualified individual or entity who will physically monitor the same on a daily basis to ensure safety and security thereinsuch period.
Appears in 1 contract
Samples: Office Lease (Saxon Capital Inc)
Maintenance of Leased Premises. LESSOR shall be responsible for all structural maintenance of the Leased Premises including without limitation the roof of the Building of which the Leased Premises are a part and for the normal maintenance, repair and replacement of all LESSOR’s heating and cooling equipment, doors, locks, plumbing, and electrical wiring and base Building electrical and mechanical equipment, elevators, base Building fire and life-safety systems, common areas and lavatories, parking areas and walkways, all in accordance with standards applicable to comparable first class research laboratory and office buildings in the mid-Cambridge submarket, but specifically excluding damage caused by the careless, malicious, willful, or negligent acts of LESSEE, and chemical, water or corrosion damage from any source within the control of LESSEE. The LESSEE agrees to maintain at its expense all other elements and components of the ------------------------------ Leased Premises in the same condition as they are at the commencement of the Term or as they may be put in during the Term of this leaseLease, normal reasonable wear and tear and tear, damage by fire or fire, other casualty and eminent domain, and matters for which the LESSOR is responsible hereunder only excepted, to provide its own interior janitorial service, to install and maintain its own security system as it considers appropriate and, whenever necessary, to replace light bulbs (after the first six months of the Term), plate glass and other glass therein, acknowledging therein with that of the same quality as that damaged or injured. LESSOR shall maintain and LESSEE shall pay its proportionate share of the maintenance of the HVAC System servicing the Leased Premises upon delivery are in good order Premises, but LESSEE shall be responsible for all repairs and replacements to said system if the light bulbs and glass wholesame is caused by any act or omission of LESSEE or its agents. LESSEE will properly control or vent all solvents, degreasers, and the like and shall not cause the area surrounding the Leased Premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. The LESSEE shall not permit the Leased Premises to be overloaded, damaged, stripped stripped, or defaced, nor suffer any waste waste. LESSEE shall obtain written consent of LESSOR before erecting any sign on or about the Leased Premises, nor which consent shall not be unreasonably withheld or delayed. LESSEE further covenants and agrees: to take all reasonably necessary actions to insure that smoke, fumes, vapors and odors will not permeate any building containing the Leased Premises and will not be removed only through the exhaust and ventilating system servicing the Leased Premises; to keep any animals within all trash garbage and debris stored on the Leased Premises (except as otherwise expressly provided herein). Any maintenance which is and not in any other portions of the responsibility of Lot or the Building) in adequate covered containers, approved by LESSOR and which is necessitated placed in locations or areas approved by some specific aspect of LESSEE’s willful acts or negligent use LESSOR in writing and to arrange for the regular removal thereof once each day; to provide for the frequent and adequate cleaning of the Leased Premises shall be at LESSEE’s expenseand all walls, floors, fixtures and equipment therein consistent with its use. All maintenance provided by LESSOR shall be performed as reasonably required at LESSOR’s discretion andmaintain in good condition the structural elements and the roof of the Building, except for emergencies, during LESSOR’s normal business hours the mechanical equipment and systems in the Building (unless the same shall materially interfere with the operation of LESSEE’S business, in other than such equipment and systems which case during reasonable times that will minimize interference). LESSEE may not keep any animals on the Leased Premises without prior written notice to and approval from LESSOR in each instance, which approval may be denied are located within or conditioned in LESSOR’s reasonable discretion. LESSEE shall be solely responsible for maintenance and operation of any and all of its systems installed or servicing exclusively serve the Leased Premises, and shall waive any other than LESSEE's maintenance obligations otherwise provided herein), and all claims against LESSOR and other tenants in the Building for any damage, impairment, or loss relative to these systems unless caused by common areas of the acts or negligent or reckless acts of those personsBuilding. Specifically, LESSEE shall maintainpay its proportionate share for these expenses and services as set out in Paragraph 5 above. Notwithstanding anything to the contrary in this Lease, at its sole expense, in no event shall LESSEE's obligation to repair under this section extend to (i) damage and pay all charges for electrical service and use of, the following: (a) LESSEE’s customized “cold room” or “warm room” (if any) and all equipment associated repairs covered under any insurance policy carried by LESSOR in connection with its operation; and, (b) backflow preventers; (c) acid neutralization chip tanks; and (d) any other specialized equipment or mechanical systems servicing the Leased Premises. If for any reason the LESSEE vacates the Leased Premises or intends Building; (ii) damage caused by any defects in the same to be unoccupied other than during LESSEE’s customary non-business days design, construction or hoursmaterials of the Building, LESSEE shall be responsible to maintain active oversight and control over including the Leased Premises Premises, and improvements installed therein by a qualified individual LESSOR; (iii) damage caused in whole or entity who will physically monitor in part by the same on a daily basis to ensure safety negligence or willful misconduct of LESSOR or LESSOR's agents, employees, invitees or licensees; (iv) repairs covered under any Common Area Operating Expenses; (v) reasonable wear and security thereintear; (vi) conditions covered under any warranties of LESSOR's contractors.
Appears in 1 contract
Samples: Giga Information Group Inc
Maintenance of Leased Premises. LESSOR shall be responsible for all exterior and structural maintenance of the Leased Premises (including without limitation exterior plate glass), the maintenance and repair of the Building, including without limitation the roof and foundation of the Building of which the Leased Premises are a part part, and for the normal maintenance, repair and replacement of all common areas serving the Premises and LESSOR’s ’S heating and cooling equipment, doors, locks, plumbing, and electrical wiring wiring, and base other Building electrical systems serving the Premises and mechanical equipment, elevators, base Building fire and life-safety systems, common areas and lavatories, parking areas and walkways, all in accordance with standards applicable to comparable first class research laboratory and office buildings in of the mid-Cambridge submarket, but specifically excluding Building; except for damage caused by the careless, malicious, willful, or negligent acts of LESSEE, and chemical, water or corrosion damage from any source within the control of LESSEELESSEE (subject to the last paragraph of Section 17). LESSEE agrees to maintain at its expense all other elements and components of the Leased Premises in the same condition as they are at the commencement of the Term or as they may be put in during the Term of this leaseDelivery Date, normal wear and tear and damage by fire or casualty only excepted, and whenever necessary, to replace light bulbs (after the first six months of the Termterm), interior plate glass and other glass therein, acknowledging that the Leased Premises upon delivery and acceptance by LESSEE on the Delivery Date (except for latent defects and Punch List Items) are in good order and the light bulbs and glass whole. LESSEE shall be responsible for the periodic inspection and maintenance of all laboratory specific mechanical equipment in the Leased Premises throughout the Lease Term, and shall (at is sole cost and expense) retain the services of an outside third party maintenance contractor toward this end). LESSEE will properly control or vent all solvents, degreasers, and the like and shall not cause the area surrounding the Leased Premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall not permit the Leased Premises to be overloaded, damaged, stripped or defaced, suffer any waste of the Leased Premises, nor keep any animals within the Leased Premises (except as otherwise expressly provided herein). “Any maintenance which is the responsibility of LESSOR and which is necessitated by some specific aspect of LESSEE’s willful acts ’S negligent or negligent reckless use of the Leased Premises shall be at LESSEE’s expense’S expense (subject to the last paragraph of Section 17). All maintenance provided by LESSOR shall be performed as reasonably required at LESSOR’s ’S discretion and, and except for emergencies, during LESSOR’s ’S normal business hours (unless the same shall materially interfere with the operation of LESSEE’S businesshours. Except as otherwise permitted herein, in which case during reasonable times that will minimize interference). LESSEE may not keep any animals on the Leased Premises without prior written notice to and approval from LESSOR in each instance, which approval may be denied or conditioned in LESSOR’s reasonable ’S discretion. LESSEE shall be solely responsible for maintenance and operation of any and all of its systems installed or servicing by the Leased Premises, LESSEE and shall waive any and all claims against LESSOR and other tenants in the Building for any damage, impairment, or loss relative to these systems unless such damage is caused by the acts or negligent or reckless acts of those personsLESSOR. Specifically, LESSEE shall maintain, at its sole expense, and pay all charges for electrical service and use of, the following: (a) of all LESSEE’s customized “cold room” or “warm room” (if any) and all ’S equipment associated with its operation. LESSOR shall provide: (a) for maintenance, repair and upkeep for the landscaping on the property; and, (b) backflow preventersjanitorial services in the common areas; (c) acid neutralization chip tankshot and cold water for lavatories, restrooms, kitchenettes and potable water; and (d) any other specialized equipment or mechanical systems servicing its standard security system into the Leased Premises. If Building (LESSEE to be responsible for any reason the LESSEE vacates installation, monitoring, maintenance and repair of its own security system into the Leased Premises or intends from the same adjacent common areas, and to be unoccupied other than during LESSEE’s customary non-business days or hours, LESSEE shall be responsible to maintain active oversight and control over coordinate the means of emergency access into the Leased Premises by a qualified individual or entity who will physically monitor with LESSOR; LESSOR to reasonably cooperate with LESSEE to the same on a daily basis extent reasonably possible (without additional cost to ensure safety and security thereinLESSOR)).
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