Common use of Maintenance of Premises Clause in Contracts

Maintenance of Premises. The Tenant shall at all times during the Term of this Lease, at its sole cost and expense, well, properly and sufficiently repair, maintain and keep the Leased Premises with the appurtenances (including, without restricting the generality of the foregoing, signs and inside and outside plate glass windows and doors, including all overhead or exterior doors to be installed) in good and substantial repair and shall repair, maintain and replace all fixtures and things which at any time during the Term of this Lease are located or erected in or upon the Lease Premises, such repair, maintenance and replacement to be made by the Tenant when, where and so often as need shall be, except for: (a) repairs required to be made by the Landlord pursuant to the provisions of Clause 4.01 hereof; and (b) reasonable wear and tear; Unless such excepted repairs are necessitated by the acts or omissions of the Tenant, its agents, employees, invitees or licensees. The cost of any repair or replacement required to be made of the Leased Premises as a result of any act or omission of the Tenant, its employees, servants, agents or licensees shall be paid in full by the Tenant. Provided further, notwithstanding anything to the contrary herein contained, the Tenant shall make all repairs and replacements to the Leased Premises made necessary by reason of burglary or attempted burglary. (c) It is understood that the Tenant will organize maintenance for the grounds and maintenance to keep all sidewalks, roadways and parking areas bordering on the Building free of ice and snow and the grass, if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are to be approved by the Landlord in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the Landlord.

Appears in 4 contracts

Samples: Lease Agreement (Eleven Biotherapeutics, Inc.), Lease Agreement (Viventia Bio Inc.), Lease Agreement (Viventia Bio Inc.)

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Maintenance of Premises. The Tenant shall at all times during the Term of Except as otherwise provided in this Lease, Tenant shall be responsible for and shall maintain the Premises in a clean and well-kept condition at its all times, at Tenant's sole cost and expense, well, properly and sufficiently repair, maintain and keep the Leased Premises with the appurtenances (including, without restricting the generality of . Without limiting the foregoing, signs Tenant hereby agrees that it (i) will keep the exterior of the Premises in a clean, attractive and inside well painted condition and outside free from mildew; (ii) will replace promptly with glass of like kind and quality, any plate glass windows or window glass of the Premises which may become cracked or broken; (iii) will maintain the Premises at its own expense in a clean, orderly and doorssanitary condition and free of insects, including rodents, vermin and other pests; (iv) will not permit undue accumulations of garbage, trash, rubbish and other refuse, and will keep such refuse in proper containers on the Premises; (v) will maintain the lawn and landscaping; and (vi) will comply with all overhead laws and ordinances and all valid rules and regulations of the government of the United States or exterior doors any state, county or city in which the Premises are located and any other applicable unit of government, or any agency thereof, and all requirements of any public or private agency having authority over insurance rates with respect to the use or occupancy of the Premises by Tenant. In addition to other remedies available to Landlord, if Tenant fails to perform any maintenance required of Tenant hereunder within thirty (30) days of notice by Landlord, Landlord may cause such maintenance to be installed) in good performed and substantial repair and Tenant shall repair, maintain and replace all fixtures and things which at reimburse Landlord for any time during sums so expended with the Term next monthly installment of this Lease are located or erected in or upon the Lease Premises, Minimum Annual Rent due hereunder. Landlord will be responsible for such repair, maintenance and replacement to be made by the Tenant when, where and so often as need shall be, except for: (a) repairs required to be made by the Landlord pursuant to the provisions of Clause 4.01 hereof; and (b) reasonable wear and tear; Unless such excepted repairs are necessitated by the acts or omissions of the Tenant, its agents, employees, invitees or licensees. The cost of any repair or replacement required to roof as may be made of the Leased Premises as a result of any act or omission of the Tenant, its employees, servants, agents or licensees shall be paid in full by the Tenant. Provided further, notwithstanding anything to the contrary herein contained, the Tenant shall make all repairs and replacements to the Leased Premises made necessary by reason of burglary or attempted burglarydeemed necessary. (c) It is understood that the Tenant will organize maintenance for the grounds and maintenance to keep all sidewalks, roadways and parking areas bordering on the Building free of ice and snow and the grass, if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are to be approved by the Landlord in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the Landlord.

Appears in 2 contracts

Samples: Sale Agreement (Imaging Diagnostic Systems Inc /Fl/), Lease Agreement (Imaging Diagnostic Systems Inc /Fl/)

Maintenance of Premises. The Tenant shall LESSEE agrees to maintain the leased premises in the same condition as they are at all times the commencement of the term or as they may be put in during the Term term of this Lease, at its sole cost and expense, well, properly and sufficiently repair, maintain and keep the Leased Premises with the appurtenances (including, without restricting the generality of the foregoing, signs and inside and outside plate glass windows and doors, including all overhead or exterior doors to be installed) in good and substantial repair and shall repair, maintain and replace all fixtures and things which at any time during the Term of this Lease are located or erected in or upon the Lease Premises, such repair, maintenance and replacement to be made by the Tenant when, where and so often as need shall be, except for: (a) repairs required to be made by the Landlord pursuant to the provisions of Clause 4.01 hereof; and (b) reasonable wear and tear; Unless such excepted , damage by fire and other casualty only excepted, acknowledging that the leased premises are now in good order. Maintenance and routine repairs are necessitated by the acts or omissions of the Tenantmechanical systems, its agentsincluding heating and cooling systems, employeesshall be the sole responsibility of the LESSEE, invitees including but not limited to necessary repairs and replacement, maintenance, adjustment, changing of filters, spring and fall servicing and any other costs associated with keeping the equipment in good running order, [except for the replacement of the entire heating, cooling or licenseesmechanical system or a "major" sub-component thereof, such as a compressor or heat exchanger, which shall be the responsibility of the LESSOR; for the purpose of defining "major," any component for which the parts cost more than $500 shall be deemed to be "major"]. XXXXXX agrees to contract and pay for routine maintenance and parts and preventive care to keep said systems in good operating order. Failure to so maintain these systems on a periodic basis will cause the LESSEE to be responsible in the event that the entire system should fail as a proximate result of such neglect or failure to maintain. The cost of any repair or replacement required LESSEE shall not permit the leased premises to be made overloaded, damaged, stripped, or defaced, nor suffer any waste. LESSEE shall obtain written consent of the Leased Premises as a result of LESSOR before erecting any act or omission of sign on the Tenantpremises. The LESSOR shall maintain in good order and condition the foundation, its employeesroof, servantsstructural components, agents or licensees shall be paid in full by the Tenant. Provided furthercommon areas, notwithstanding anything to the contrary herein containedgrounds, the Tenant shall make all repairs and replacements to the Leased Premises made necessary by reason of burglary or attempted burglary. (c) It is understood that the Tenant will organize maintenance for the grounds and maintenance to keep all sidewalks, roadways driveway and parking areas bordering on of the Building free building and lot area of ice which the premises are a part. The LESSOR represents that to the best of his knowledge the mechanical systems of the leased premises have been maintained in good order and snow and the grass, if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are to be approved by the Landlord in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the Landlordrepair.

Appears in 2 contracts

Samples: Commercial Lease (First Marblehead Corp), Commercial Lease (First Marblehead Corp)

Maintenance of Premises. (a) The Tenant agrees at its sole expense, to maintain in good order, condition and repair, the Premises, as improved by the Tenant, including the maintenance, repair and replacement of all mechanical, electrical, plumbing and other building systems serving exclusively the Premises, in good order, condition and repair, reasonable wear and tear, damage by fire and other casualty and condemnation only excepted. Additionally, Tenant shall, whenever necessary, replace plate glass and other glass therein, acknowledging that the glass is now whole. The Tenant shall at all times during not permit the Term of this Lease, at its sole cost and expense, well, properly and sufficiently repair, maintain and keep the Leased Premises with the appurtenances (including, without restricting the generality of the foregoing, signs and inside and outside plate glass windows and doors, including all overhead or exterior doors to be installed) in good overloaded, damaged, stripped, or defaced, nor suffer any waste. Tenant will maintain an adequate and substantial repair systematic program to ensure that the Premises are maintained free of rodent and vermin infestation. Tenant shall repair, maintain cause garbage and replace all fixtures and things which at any time during the Term of this Lease are located or erected in or upon the Lease Premises, such repair, maintenance and replacement refuse to be made by removed from the Tenant when, where and so often as need shall be, except for: (a) repairs required to be made by the Landlord pursuant to the provisions of Clause 4.01 hereof; andPremises at Tenant’s sole expense. (b) The Landlord agrees to maintain the foundation, roof and other structural portions of the Building of which the Premises are a part and the plumbing and electrical systems serving the Building (exclusive of those systems serving exclusively the Premises) and the HVAC system servicing the Premises and Building in good order, condition and repair, reasonable wear and tear; Unless , damage by fire and other casualty only excepted, unless such excepted repairs are necessitated by the acts or omissions of the Tenant, its agents, employees, invitees or licensees. The cost of any repair or replacement maintenance is required to be made of the Leased Premises as a result of any act act, omission or neglect of the Tenant or those for whose conduct the Tenant is legally responsible. The costs and expense of all such maintenance shall be included in Operating Costs, except as a result of any act, omission or negligence of the Tenant, its employees, servants, agents or licensees for which Tenant shall be paid in full by the Tenant. Provided furtherresponsible, notwithstanding anything and fire or other casualty, to the contrary herein contained, the Tenant shall make all repairs and replacements to the Leased Premises made necessary extent such loss is covered by reason of burglary or attempted burglaryinsurance. (c) It is understood that Landlord shall maintain the Tenant will organize maintenance for the grounds and maintenance to keep all sidewalks, roadways and parking common areas bordering on of the Building free and Property in good condition and shall arrange for snow-plowing and removal, for landscape maintenance of ice the Property, and snow and the grasspest extermination, if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are to all of which such expenses shall be approved by the Landlord in writing and the Tenant will be charged back their proportionate share of these costs treated as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from Additionally, the Landlord shall be solely responsible for the maintenance, repair and/or replacement of the roof, structural walls and slab of the Building, and the HVAC system servicing the Premises and Building, all at Landlord’s sole cost and expense. (d) Tenant acknowledges that, in all events, Tenant is responsible for providing security to the Premises and its own personnel.

Appears in 2 contracts

Samples: Commercial Lease (Karyopharm Therapeutics Inc.), Commercial Lease (Karyopharm Therapeutics Inc.)

Maintenance of Premises. The Tenant shall at all times during the Term of this Lease13.1 Lessee shall, at its sole cost and expense, wellmaintain the Premises in good order and condition, properly reasonable wear and sufficiently repairtear excepted. After the expiration of the Option Period, maintain if this Lease remains in effect and keep if Lessee has not exercised the Leased Purchase Option, Lessee shall paint the concrete floors and corridors of the building on the Premises at such times as are necessary in Lessee’s commercially reasonable judgment and prior to the surrender of the Premises to Lessor at the end of the Term (as opposed to any earlier termination of this Lease, other than in connection with a default by Lessee hereunder, or following the exercise of the Purchase Option) with aquapon paint for concrete floors and enamel paint as existing on corridor panels. 13.2 At the expiration of the Term (except in connection with the appurtenances closing pursuant to the Purchase Option), or upon any earlier termination of this Lease, Lessee shall surrender the Premises in good condition, reasonable wear and tear excepted. Before surrendering the Premises, Lessee shall (includingi) remove all of its signage, without restricting personalty and inventory from the generality Premises and otherwise comply with its obligations under Section 3.8 of the foregoingLease, signs and inside to the extent that such signage, personalty and/or inventory has not been removed from the Premises Lessor may remove the same, (ii) transfer to Lessor the local telephone numbers and outside plate glass windows fax numbers currently used at and doorsfor the Premises, including and cooperate with Lessor in order to effectuate an uninterrupted transfer of utility services to Lessor as of the surrender date, provided that no Power Purchase Agreements shall be transferred to Lessor without Lessor’s express prior written consent, (iii) remove all overhead or exterior doors references to be installedthe Premises from any existing internet website of Lessee, (iv) continue to operate the portion of the Premises not covered by the Auto Storage Lease as a self -storage facility in good the ordinary course of commercially reasonable business consistent with past practice and substantial repair transfer to Lessor the customer lists and related information respecting the tenants of the Premises and (v) distribute to tenants a letter regarding a change of ownership as and when requested by Lessor. Lessee shall repair, maintain pay all Sales Taxes that Lessee should have been collecting and replace all fixtures remitting pursuant to law from and things which at any time during after the Commencement Date through the Term or earlier termination of this Lease are located or erected in or upon and hereby indemnifies, defends and holds Lessor harmless from and against, and Lessee shall reimburse Lessor for, any and all claims, liabilities, losses, damages and expenses (including interest, penalties, attorneys’ fees, court costs and costs of appeal) arising out of the Lease Premisesfailure by Lessee to pay such Sales Taxes. Lessee will turn over to Lessor all security deposits and prepaid rents under the Leases which have been paid as of the surrender date, such repairhowever, maintenance and replacement to be made by the Tenant when, where and so often as need shall be, except for: (a) repairs required to be made by the Landlord pursuant to the provisions of Clause 4.01 hereof; and (b) reasonable wear and tear; Unless extent that any security deposits have been returned to tenants, Lessor shall not receive a credit therefor so long as Lessee furnishes Lessor with proof that such excepted repairs are necessitated by the acts or omissions of the Tenant, its agents, employees, invitees or licenseestenants received all such refunded security deposits. The cost of any repair or replacement required to be made of the Leased Premises as a result of any act or omission of the Tenant, its employees, servants, agents or licensees shall be paid in full by the Tenant. Provided further, notwithstanding anything to the contrary herein contained, the Tenant shall make all repairs and replacements to the Leased Premises made necessary by reason of burglary or attempted burglary. (c) It is understood that the Tenant will organize maintenance for the grounds and maintenance to keep all sidewalks, roadways and parking areas bordering on the Building free of ice and snow and the grass, if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are to be approved by the Landlord in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the Landlord.Any

Appears in 1 contract

Samples: Lease Agreement (Sovran Self Storage Inc)

Maintenance of Premises. The Tenant shall LESSEE agrees to maintain the Leased Premises in the same condition as they are at all times the commencement of the Term or as they may be put in during the Term of this Lease, at reasonable wear and tear, damage by fire, other casualty and eminent domain, and matters for which LESSOR is responsible hereunder only excepted, to provide its sole cost own interior janitorial service, to install and expensemaintain its own security system as it considers appropriate and, wellwhenever necessary, properly to replace plate glass and sufficiently repair, other glass therein with that of the same quality as that damaged or injured. LESSOR shall maintain and pay for the maintenance of the HVAC System servicing the Leased Premises. The LESSEE shall not permit the Leased Premises to be overloaded, damaged, stripped, or defaced, nor suffer any waste. LESSEE shall obtain written consent of LESSOR before erecting any sign on or about the Leased Premises, which consent shall not be unreasonably withheld, conditioned or delayed. LESSEE shall have the right, subject to LESSOR's reasonable approval of size, to utilize upon their respective cessation of building occupancy the signage locations currently utilized by IONA Technologies Inc. and Phar Lap. 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 the Leased Premises with free of pests, roaches and vermin; to keep all trash garbage and debris stored on the appurtenances Leased Premises (including, without restricting the generality and not in any other portions of the foregoing, signs and inside and outside plate glass windows and doors, including all overhead or exterior doors to be installedBuilding) in good adequate covered containers, reasonably approved by LESSOR and substantial repair placed in locations or areas reasonably approved by LESSOR in writing and shall repair, maintain to arrange for the regular removal thereof once each day; to provide for the frequent and replace all fixtures and things which at any time during the Term of this Lease are located or erected in or upon the Lease Premises, such repair, maintenance and replacement to be made by the Tenant when, where and so often as need shall be, except for: (a) repairs required to be made by the Landlord pursuant to the provisions of Clause 4.01 hereof; and (b) reasonable wear and tear; Unless such excepted repairs are necessitated by the acts or omissions of the Tenant, its agents, employees, invitees or licensees. The cost of any repair or replacement required to be made adequate cleaning of the Leased Premises as a result of any act or omission of and all walls, floors, fixtures and equipment therein consistent with its use. LESSOR shall maintain in good condition the Tenant, its employees, servants, agents or licensees shall be paid in full by the Tenant. Provided further, notwithstanding anything to the contrary herein contained, the Tenant shall make all repairs and replacements to the Leased Premises made necessary by reason of burglary or attempted burglary. (c) It is understood that the Tenant will organize maintenance for the grounds and maintenance to keep all sidewalks, roadways and parking areas bordering on the Building free of ice and snow structural elements and the grass, if any, fronting roof of the Building, cut the mechanical equipment and properly cared for. All contracts for this systems in the Building (other than such non-HVAC equipment and systems which are located within or exclusively serve the Leased Premises, and other than LESSEE's maintenance are to be approved by the Landlord in writing obligations otherwise provided herein), and the Tenant will be charged back their proportionate share common areas of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the LandlordBuilding.

Appears in 1 contract

Samples: Lease (Rowecom Inc)

Maintenance of Premises. The Tenant shall at all times during the Term of Except as otherwise specifically provided in this Lease, Landlord is not required to furnish any services or facilities, or to make any repairs or alterations, in, about or to the Premises or the Property. Except as otherwise provided for under this Lease, Tenant assumes the full and sole responsibility for the condition, operation, repair, replacement, maintenance and management of the Premises. Except as otherwise provided for under this Lease, Tenant, at its Tenant’s sole cost and expense, well, properly will keep and sufficiently repair, maintain and keep the Leased Premises with the appurtenances (including, without restricting the generality but not limited to, all Supplemental AC Systems, non-structural interior portions, systems and equipment; interior surfaces of the foregoingexterior walls; interior moldings, signs partitions and inside ceilings; and outside plate glass windows interior electrical, lighting and doors, including all overhead or exterior doors to be installedplumbing fixtures) in good order, condition and substantial repair and shall repair, maintain and replace all fixtures and things which at any time during the Term of this Lease are located or erected in or upon the Lease Premises, such repair, maintenance and replacement to be made by the Tenant when, where and so often as need shall be, except for: (a) repairs required to be made by the Landlord pursuant to the provisions of Clause 4.01 hereof; and (b) reasonable wear and tear; Unless such excepted repairs are necessitated by tear and damage from insured casualties excepted. Tenant will keep the acts Premises in a neat and sanitary condition and will not commit any nuisance or omissions waste in, on or about the Premises or the Property. Notwithstanding anything herein to the contrary, to the extent: (i) if there shall be any defective condition in any portions of the Premises that are subject to the Warranty Terms, the maintenance of which would otherwise be the responsibility of Tenant, its agents, employees, invitees ; or licensees. The cost (ii) any portion of the Premises the maintenance of which would otherwise be the responsibility of Tenant shall be damaged in the course of any casualty or event covered by Landlord’s insurance or as a consequence of negligence on the part of Landlord or breach on the part of Landlord of any term or condition hereof, but subject to the mutual release and waiver of subrogation provisions of this Lease, then in any such event described in (i) or (ii) above, Landlord shall be responsible for the repair or replacement required thereof or for the reimbursement to be made Tenant for the reasonable costs of such repair or replacement, within 30 days following receipt of written notice of such matter from Tenant. Subject to Section 10, if Tenant damages or injures the Common Area or any part of the Leased Premises Property other than the Premises, Landlord will repair the damage and Tenant will pay Landlord for all uninsured costs and expenses of Landlord in connection with the repair as a result Additional Rent. Tenant is solely responsible for and to the fullest extent allowable under the Laws, will release, indemnify, protect and defend Landlord against (with counsel reasonably acceptable to Landlord) and hold Landlord harmless from, the cost of repairing, and any act Claims resulting from, any penetrations or omission perforations of the roof or exterior walls of the Building Tenant causes. Tenant will maintain the Premises in a first-class condition. Tenant, its employees, servants, agents or licensees shall ’s repairs will be paid at least equal in full by the Tenant. Provided further, notwithstanding anything quality and workmanship to the contrary herein contained, the Tenant shall make all repairs original work and replacements to the Leased Premises made necessary by reason of burglary or attempted burglary. (c) It is understood that the Tenant will organize maintenance for make the grounds and maintenance to keep repairs in accordance with all sidewalks, roadways and parking areas bordering on the Building free of ice and snow and the grass, if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are to be approved by the Landlord in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the LandlordLaws.

Appears in 1 contract

Samples: Office Lease Agreement (Royal Caribbean Cruises LTD)

Maintenance of Premises. The Except as set forth in the last paragraph of this Paragraph 6, Tenant shall at be responsible for maintaining all times during interior and exterior portions of the Term of Premises, including without limitation, all mechanical systems i.e. plumbing, electrical, lighting or other mechanical systems, components, or leasehold improvements under this Lease, at its sole cost in good condition and expense, well, properly and sufficiently repair, maintain except for reasonable wear and keep tear. Tenant shall also be responsible for maintaining all landscaping on the Leased Premises with the appurtenances (including, without restricting but not limited to mowing all lawns on the generality Premises), for all snow removal, and for all repairs for broken glass, painting, decorating, clean up and light bulbs. Tenant shall, upon the expiration of the foregoing, signs and inside and outside plate glass windows and doors, including all overhead or exterior doors to be installed) in good and substantial repair and shall repair, maintain and replace all fixtures and things which at any time during the Term of this Lease are located or erected in or upon any extension thereof, deliver the Lease Building and Premises, such repair, maintenance and replacement to be made by the Tenant when, where and so often in as need shall begood condition as received, except for: (a) repairs required to be made by the Landlord pursuant to the provisions of Clause 4.01 hereof; and (b) for reasonable wear and tear; Unless such excepted repairs are necessitated , and damage by fire or other casualty. Tenant shall not be liable for damage to the Premises and Building which shall be caused by the negligent or willful acts or omissions of Landlord, or Landlord's contractors, employees or agents, or which shall be caused by fire or other hazard covered by Landlord's insurance. Tenant shall maintain the fixtures and equipment which constitutes the plumbing, electrical, heating and ventilating, and air- conditioning systems of the Premises in such manner as to comply with all applicable federal, state and municipal ordinances and regulations. Notwithstanding the above, Tenant shall pay for all repairs, maintenance and replacements to the extent caused by the willful or negligent acts or omissions of the Tenant, its or Tenant's agents or employees in, on or about the Premises. Tenant shall not create any openings in the roof or exterior walls, nor shall Tenant make any alterations, additions or improvements to the Premises, except as permitted by Paragraph 11 hereof, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as otherwise provided herein, Tenant, at Tenant's sole cost and expense, will make all additions, improvements and alterations on the Premises and to the improvements, appurtenances and equipment thereon which may be necessary by the act or negligence of the Tenant or Tenant's agents, invitees, or employees. No additions, invitees improvements or licensees. The cost of any repair or replacement required to be made of the Leased Premises as a result of any act or omission of the Tenant, its employees, servants, agents or licensees alterations shall be paid commenced until Tenant has first satisfied the requirements set forth in full by the TenantParagraph 11 hereof. Provided further, notwithstanding Notwithstanding anything to the contrary herein containedcontrary, Landlord will be responsible for the structural elements of the roof, foundation and all other mechanical equipment within the building including but not limited to, the boilers, all heating, ventilation and air conditioning equipment. Said responsibility of Landlord is subject to Tenant shall make all repairs properly maintaining the mechanical elements in accordance with recommended maintenance schedule and replacements to procedures provided by the Leased Premises made necessary by reason of burglary or attempted burglary. (c) It is understood that the Tenant will organize maintenance for the grounds and maintenance to keep all sidewalks, roadways and parking areas bordering on the Building free of ice and snow and the grass, if any, fronting the Building, cut and properly cared forequipment manufacturers. All contracts warranties obtained by Landlord shall be assigned to Tenant. In addition, Landlord shall repair and maintain, at Landlord's sole cost and expense, the asphalt surface of the parking lot for this maintenance are to be approved by the Landlord in writing and the Tenant will be charged back their proportionate share a period of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval two (2) years from the LandlordBeginning Date (this shall not affect Tenant's responsibility for snow removal from such parking lots).

Appears in 1 contract

Samples: Building Lease (Sonic Foundry Inc)

Maintenance of Premises. The Tenant shall at all times during the Term of this Lease, at its sole cost and expense, well, properly and sufficiently repair, maintain and keep the Leased Premises with the appurtenances (including, without restricting the generality of the foregoing, signs and inside and outside plate glass windows and doors, including all overhead or exterior doors to be installed) in good and substantial repair and shall repair, maintain and replace all fixtures and things which at any time during the Term of this Lease are located or erected in or upon the Lease Premises, such repair, maintenance and replacement to be made by the Tenant when, where and so often as need shall be, except for:4.1. Landlord's Maintenance. (a) repairs required Subject to be made Article 14. and Article 15. hereof and to Tenant's payment obligations under Section 5.2(a) above, Landlord shall repair and maintain the Common Areas and the structural portions of the Building and the Land, including, but not limited to, the structural portions of the roof, the foundations and exterior load-bearing walls. However, if the repair or maintenance is caused in whole or in part by the act, neglect, fault or omission of Tenant or Tenant's Affiliates, or by Tenant's Alterations, Tenant shall immediately pay the entire cost of such repair or maintenance and shall indemnify Landlord for and hold Landlord harmless from and against all liabilities incurred by Landlord in connection therewith. Landlord shall have a reasonable time after written notice from Tenant to perform necessary repairs or maintenance. Tenant waives all rights to terminate this Lease due to a condition of the Premises or the Building or granted under law to make repairs at Landlord's expense under Sections 1941 and 1942 of the California Civil Code or under any similar laws now or hereafter in effect. Except as otherwise specifically provided in Article 14. and Article 15. hereof, Tenant shall not be entitled to any abatement of rent, and Landlord shall not be liable for any injury to or interference with Tenant's business arising from Landlord's performance of its repair obligations pursuant to the provisions of Clause 4.01 hereof; andthis Section 8.1(a). (b) reasonable wear Landlord may at any time temporarily close all entrances, pedestrian sidewalks, loading docks, delivery areas or landscaped areas to make repairs or changes or to prevent the acquisition of public rights in such areas; and tear; Unless may do such excepted repairs are necessitated by other acts in and to such areas as in its judgment may be desirable to improve the acts or omissions of the Tenant, its agents, employees, invitees or licensees. The cost of any repair or replacement required to be made of the Leased Premises as a result of any act or omission of the Tenant, its employees, servants, agents or licensees shall be paid in full by the Tenant. Provided further, notwithstanding anything to the contrary herein contained, the Tenant shall make all repairs and replacements to the Leased Premises made necessary by reason of burglary or attempted burglaryconvenience thereof. (c) It is understood that Landlord may cause the Tenant will organize maintenance Premises to be inspected and treated from time to time and at such intervals as Landlord may require for the grounds pest control and maintenance to keep all sidewalks, roadways and parking areas bordering on the Building free of ice and snow and the grass, if any, fronting the Building, cut and properly cared forextermination. All contracts for this maintenance are to costs of such pest control and extermination shall be approved paid by the Landlord in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the LandlordTenant.

Appears in 1 contract

Samples: Commercial Property Lease (Access Integrated Technologies Inc)

Maintenance of Premises. The Tenant shall at all times during acknowledges that it has ------------ ------------------------ inspected the Term of this LeasePremises and that such Premises are in good condition. Landlord, at its sole cost and expensecosts, wellshall maintain the Premises in good condition, properly and sufficiently repair, maintain and keep the Leased Premises with the appurtenances (including, without restricting the generality except Tenant shall pay for maintenance of the foregoing, signs and inside and outside plate glass windows and doorswindows) including capital replacements, including all overhead in the same order, condition and repair as they are on the Commencement Date or exterior doors to may be installed) in good and substantial repair and shall repair, maintain and replace all fixtures and things which at any time placed during the Term of this Lease are located or erected in or upon the Lease PremisesTerm, such repairreasonable use and wear and, maintenance and replacement to be made by the Tenant when, where and so often as need shall be, except for: (a) repairs required to be made by the Landlord pursuant subject to the provisions of Clause 4.01 hereof; and (b) reasonable wear Sections 13 and tear; Unless such excepted repairs are necessitated 14, damage by casualty and eminent domain only excepted. Landlord, at its cost, shall maintain in good condition and repair, including replacement, the acts or omissions structural parts of the TenantBuilding, its agentsincluding the foundation and floor slabs, employeesstructural supports and columns, invitees or licenseesthe exterior bearing walls, sub flooring and roof, including gutters, downspouts and roof drain systems, but excluding plate glass and windows. The cost of any repair or replacement required to be made of the Leased Premises as a result of any act or omission of the Tenant, its employees, servants, agents or licensees Landlord shall be paid responsible for providing janitorial services (including periodic window cleaning) and Landlord shall maintain in full by good condition all lawns, landscaping and planted areas on the Tenant. Provided furtherPremises, notwithstanding anything and keep in good repair, clean and neat and free of snow and ice all surface roadways, walks and parking and loading areas on the Premises and will provide snow removal with respect to the contrary herein contained, the Tenant same. Landlord shall also make all repairs and replacements replacements, and do all other work necessary for the foregoing purposes. Any contractor engaged by Tenant to make changes to the Leased Premises made necessary by reason Premises, as well as the changes themselves, shall be subject to the prior approval of burglary Landlord, which approval will not be unreasonably withheld or attempted burglarydelayed. (c) It is understood that the Tenant will organize maintenance for the grounds and maintenance to keep all sidewalks, roadways and parking areas bordering on the Building free of ice and snow and the grass, if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are to be approved by the Landlord in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the Landlord.

Appears in 1 contract

Samples: Lease (Synplicity Inc)

Maintenance of Premises. The Tenant shall at all times during the Term of this Lease13.1 Lessee shall, at its sole cost and expense, wellmaintain the Premises in good order and condition, properly reasonable wear and sufficiently repairtear excepted. After the expiration of the Option Period, maintain if this Lease remains in effect and keep if Lessee has not exercised the Leased Purchase Option, Lessee shall paint the concrete floors and corridors of the building on the Premises at such times as are necessary in Lessee’s commercially reasonable judgment and prior to the surrender of the Premises to Lessor at the end of the Term (as opposed to any earlier termination of this Lease, other than in connection with a default by Lessee hereunder, or following the exercise of the Purchase Option) with aquapon paint for concrete floors and enamel paint as existing on corridor panels. 13.2 At the expiration of the Term (except in connection with the appurtenances closing pursuant to the Purchase Option), or upon any earlier termination of this Lease, Lessee shall surrender the Premises in good condition, reasonable wear and tear excepted. Before surrendering the Premises, Lessee shall (includingi) remove all of its signage, personalty and inventory from the Premises and otherwise comply with its obligations under Section 3.8 of the Lease, and to the extent that such signage, personalty and/or inventory has not been removed from the Premises Lessor may remove the same, (ii) transfer to Lessor the local telephone numbers and fax numbers currently used at and for the Premises, and cooperate with Lessor in order to effectuate an uninterrupted transfer of utility services to Lessor as of the surrender date, provided that no Power Purchase Agreements shall be transferred to Lessor without restricting Lessor’s express prior written consent, (iii) remove all references to the generality Premises from any existing internet website of Lessee, (iv) continue to operate the portion of the Premises not covered by the Auto Storage Lease as a self -storage facility in the ordinary course of commercially reasonable business consistent with past practice and transfer to Lessor the customer lists and related information respecting the tenants of the Premises and (v) distribute to tenants a letter regarding a change of ownership as and when requested by Lessor. Lessee shall pay all Sales Taxes that Lessee should have been collecting and remitting pursuant to law from and after the Commencement Date through the Term or earlier termination of this Lease and hereby indemnifies, defends and holds Lessor harmless from and against, and Lessee shall reimburse Lessor for, any and all claims, liabilities, losses, damages and expenses (including interest, penalties, attorneys’ fees, court costs and costs of appeal) arising out of the failure by Lessee to pay such Sales Taxes. Lessee will turn over to Lessor all security deposits and prepaid rents under the Leases which have been paid as of the surrender date, however, to the extent that any security deposits have been returned to tenants, Lessor shall not receive a credit therefor so long as Lessee furnishes Lessor with proof that such tenants received all such refunded security deposits. Any - 19 - rental payments which have come due, but are not paid, by the surrender date shall belong to Lessor and may be collected by Lessor from the tenants after the surrender date. Lessee shall prepare a schedule of delinquent and prepaid rentals, and security deposits, as of the surrender date. All such delinquent rents collected by Lessor after the surrender date may be retained by Lessor. Lessee shall not collect any rent or other sums after the surrender date, and any such rent or other sums received shall be promptly delivered to Lessor. The proration of real estate taxes and assessments shall be based upon the current tax fiscal year for the Premises unless the custom and practice for real estate transactions in the county where the Premises is located is otherwise, whereupon the custom and practice will be employed. Provided Lessee is not in default on the surrender date, there shall be a readjustment and “true up” after the surrender date if necessary to effectuate the requirements of this Section 13.2. Lessee’s obligation to observe and perform Lessee’s covenants and obligations under Sections 13.1 and 13.2 shall survive the expiration of the Term or earlier termination of this Lease. 13.3 Lessee shall not commit any waste, damage or any injury to the Premises or any part thereof, and shall take all reasonable precautions and actions to prevent others from committing any of the foregoing. 13.4 During the Term, signs Lessor shall have the right to enter the Premises at all reasonable times during normal business hours to examine or inspect the same and inside and outside plate glass windows and doors, including all overhead or exterior doors to be installed) make any repairs to the Premises that Lessee failed to make in good and substantial repair and shall repair, maintain and replace all fixtures and things which at any time during the Term of accordance with this Lease are located (after first giving Lessee written notice of such necessary repairs and a reasonable opportunity to make such repairs except in the event of emergency); provided, however, that any person or erected entity related to or affiliated with Lessor who leases a unit may enter such unit in or accordance with the terms of its unit lease agreement. During the last twelve (12) months of the Term, Lessor may show the Premises to prospective tenants and purchasers during normal business hours. Lessor, in its capacity as Lessor, shall not enter the Premises without first furnishing Lessee at least twenty-four (24) hours prior notice, except in the case of emergency when no notice shall be required. In no event shall Lessor interfere with the conduct of Lessee’s business, except as may be necessary in the case of emergency. Lessee shall have the right to accompany Lessor during any entry by Lessor upon the Lease Premises, such repair, maintenance and replacement . Lessor shall not have access to be made by the Tenant when, where and so often as need shall be, except for: (a) repairs required to be made by the Landlord pursuant to the provisions of Clause 4.01 hereof; and (b) reasonable wear and tear; Unless such excepted repairs are necessitated by the acts or omissions any of the Tenant, its agents, employees, invitees tenants’ units or licenseesany of Lessee’s confidential or proprietary materials or information. The cost of any repair or replacement required to be made of the Leased Premises as a result of Lessee will not do any act or omission suffer any act to be done which will in any way encumber the fee title of Lessor in and to the TenantPremises or in any way subject the Premises to any claim by way of lien or encumbrance, its employeeswhether by operation of law or by virtue of any express or implied contract by Lessee. If any mechanic’s, servantsmaterialmen’s, agents vendor’s, laborer’s or licensees other lien, shall be paid filed against the Premises or against Lessor arising out of labor or materials used in full by the Tenant. Provided furtherconstruction or alteration of, notwithstanding anything to the contrary herein containedor installed in, the Tenant shall make all repairs and replacements to the Leased Premises made necessary by reason of burglary any building or attempted burglary. (c) It is understood that the Tenant will organize maintenance for the grounds and maintenance to keep all sidewalks, roadways and parking areas bordering improvement on the Building free of ice Premises by Lessee (whether or not such lien is valid or enforceable as such), Lessee shall, at its sole cost and snow and expense, cause the grass, if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are same to be approved cancelled, discharged or removed of record by the Landlord in writing and the Tenant will be charged back their proportionate share filing a bond, by payment into court, by satisfaction or otherwise within thirty (30) days after Lessee receives written notice of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the Landlordfiling thereof.

Appears in 1 contract

Samples: Lease Agreement

Maintenance of Premises. The Tenant shall at all times during the Term of this Lease, 11.1 LESSEE agrees to maintain at its sole cost and expense, well, properly and sufficiently repair, maintain and keep expense the Leased Premises with the appurtenances (including, without restricting the generality interior exposed portions of the foregoing, signs Premises in good condition and inside and outside plate glass windows and doorsorder, including all overhead or exterior doors to be installed) in good and substantial repair and shall repairplumbing fixtures, maintain and replace all electrical fixtures and things which at any time during the Term of this Lease are located or erected in or upon the Lease Premiseslike, such repair, maintenance and replacement to be made by the Tenant when, where and so often as need shall be, except for: (a) repairs required to be made by the Landlord pursuant to the provisions of Clause 4.01 hereof; and (b) reasonable wear and tear; Unless , damage by fire and other casualty only excepted, and whenever necessary to replace plate glass and other glass therein, acknowledging that to the best of LESSEE's knowledge the Premises are now in good order and the glass whole. LESSOR agrees to assign to LESSEE all warranties and guaranties held by LESSOR to the extent applicable to any of the improvements or other portions of the Premises for which LESSEE is obligated under this Lease to maintain or repair. LESSEE shall not permit the Premises to be overloaded, damaged, stripped or defaced, nor suffer any waste. 11.2 Except for the maintenance required by LESSEE under Section 11.1 above, LESSOR shall pay for and make all repairs and replacements to the Premises, Building and Common Areas (including Building fixtures and equipment). LESSOR shall make such excepted repairs are necessitated and replacements to maintain the Building and Common Areas in a condition comparable to other first class office buildings in the Chelmsford, Massachusetts area of a similar age. This maintenance shall include, without limitation, the roof, foundation, exterior walls, interior structural walls, all structural components, and all systems such as mechanical, electrical, HVAC and plumbing. LESSOR shall make repairs or replacements required hereunder within a reasonable time after receiving notice or having actual knowledge of the need for a repair or replacement. 11.3 LESSOR shall keep in force a maintenance agreement with the terms and conditions of same to be determined solely by the acts or omissions LESSOR, covering all labor and all materials on the heating and air conditioning (HVAC) equipment serving the Premises and will provide a copy of such agreement to the Tenant, its agents, employees, invitees or licenseesLESSEE if requested. The cost of any repair or replacement required to be made of All costs associated with the Leased Premises as a result of any act or omission of the Tenant, its employees, servants, agents or licensees maintenance agreement shall be paid in full by the TenantLESSOR as part of the base rent. Provided furtherShould the HVAC equipment servicing the Premises require replacement parts above and beyond those items normally covered in the maintenance agreement, notwithstanding anything the LESSOR agrees to pay the cost of labor and materials for said replacement parts, provided that in the event the replacement is caused by negligence on the part of the LESSEE and/or LESSEE's agents, then the LESSEE shall be responsible for the cost of all parts, labor and materials above and beyond those items covered by the maintenance agreement and/or manufacturer's warranty to the contrary herein contained, the Tenant shall make all repairs and replacements to the Leased Premises made necessary extent caused by reason such negligence of burglary or attempted burglaryLESSEE. (c) It is understood that the Tenant will organize maintenance for the grounds and maintenance to keep all sidewalks, roadways and parking areas bordering on the Building free of ice and snow and the grass, if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are to be approved by the Landlord in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the Landlord.

Appears in 1 contract

Samples: Lease Agreement (Digital Lightwave Inc)

Maintenance of Premises. The Tenant Each Grantor shall not commit or ----------------------- suffer any waste on the Owned Premises or Leased Premises. In the case of the Owned Premises, except to the extent to do so shall be Xxxxxx'x obligation under the Mortgaged Leases, Black Hawk and Black Hawk/Xxxxxx shall at all times during maintain the Term Owned Premises in good working order, condition and repair, reasonable wear and tear excepted, and shall use commercially reasonable efforts to make or cause to be made all repairs structural or nonstructural which are necessary or appropriate in the conduct of this Leasesuch Grantors' business. In the case of the Leased Premises, except to the extent to do so shall be the Lessor's obligation under the Mortgaged Leases, Xxxxxx shall, at its sole cost and expense, well, properly and sufficiently repairall times, maintain and keep the Leased Premises with the appurtenances (including, without restricting the generality of the foregoing, signs and inside and outside plate glass windows and doors, including all overhead or exterior doors to be installed) in good working order, condition and substantial repair repair, reasonable wear and tear excepted, and shall repair, maintain and replace all fixtures and things which at any time during the Term of this Lease are located use commercially reasonable efforts to make or erected in or upon the Lease Premises, such repair, maintenance and replacement cause to be made by all repairs, structural (to the Tenant whenextent permitted under the Mortgaged Leases) or nonstructural, where and so often as need shall bewhich are necessary or appropriate in the conduct of the Grantors' business. No Grantor shall, except for: (aas permitted in Section ------- 4.3(iii) repairs required hereof, alter the occupancy or use of all or any portion of the Owned -------- Premises or Leased Premises without the prior written consent of the Beneficiary, which consent shall not be unreasonably withheld. Except to be made by the Landlord extent permitted pursuant to the provisions of Clause 4.01 Section 4.3(iii) hereof; and (b) reasonable wear and tear; Unless such excepted repairs are necessitated by , no ---------------- Grantor shall remove, demolish or alter the acts structural character of any Improvement now or omissions hereafter erected upon all or any portion of the TenantOwned Premises or Leased Premises, its agentsor permit any such removal, employeesdemolition or alteration, invitees or licensees. The cost of any repair or replacement required to be made without the prior written consent of the Leased Premises as a result of any act or omission of the TenantBeneficiary, its employees, servants, agents or licensees which consent shall not be paid in full by the Tenant. Provided further, notwithstanding anything to the contrary herein contained, the Tenant shall make all repairs and replacements to the Leased Premises made necessary by reason of burglary or attempted burglaryunreasonably withheld. (c) It is understood that the Tenant will organize maintenance for the grounds and maintenance to keep all sidewalks, roadways and parking areas bordering on the Building free of ice and snow and the grass, if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are to be approved by the Landlord in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the Landlord.

Appears in 1 contract

Samples: Fee and Leasehold Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Raceland Truck Plaza & Casino LLC)

Maintenance of Premises. The (a) During the Term, Landlord shall maintain only the following in good condition at its expense: the structure of the Building, including, without limitation the roof, roof membrane, foundation, floor slab, and load-bearing and exterior walls (the Structural Components). If, in order for a Structural Component of the Building to remain in good condition, replacement of that component becomes necessary, Landlord’s obligation with respect to that Structural Component includes the obligation to replace it. (b) Landlord shall accomplish all maintenance for which it is responsible as soon as practicable following receipt of notice from Tenant. If a hazardous or emergency situation exists, however, Landlord shall have the maintenance performed as soon as possible. (c) Except as otherwise provided in this Lease, Tenant shall during the Term maintain in good condition and repair at all times at its expense the Premises and the systems serving the Premises. Moreover, during the entire Term, Tenant must keep the parking areas clean and in good condition and repair, water the landscape plantings situated on the Land at suitable intervals, and maintain in force service contracts providing for the routine repair and maintenance of the HVAC and other Building systems serving the Premises (each, a Maintenance Contract). Promptly after receipt thereof, Tenant shall furnish to Landlord a copy of each Maintenance Contract (and each renewal thereof) and a copy of each service report received by Tenant under any Maintenance Contract. Tenant’s obligations include necessary replacements of the landscaping, parking areas, driveways, sidewalks, stairs, elevators, loading dock, dock door, and leveler, and related facilities, and the HVAC and other systems serving the Premises and all Tenant Improvements. (i) With respect to any proposed replacement of any portion of the HVAC system (HVAC Replacement) during the last two (2) years of the Initial Term or any Renewal Term of this Lease: (A) Tenant must give Landlord written notice of the need for the HVAC Replacement at least 30 days prior to commencing the HVAC Replacement, which notice must include: (I) a detailed estimate from the service provider under the Maintenance Contract for the HVAC system of the cost to repair the HVAC system (or the applicable part thereof) without replacing it; and (II) bids for the cost of the HVAC Replacement from at least three (3) reputable HVAC providers approved by Landlord; and (B) Landlord must give its prior written consent to the HVAC Replacement and the HVAC provider who will install the HVAC Replacement, which consent may not be unreasonably withheld, conditioned, or delayed. If Landlord does not consent to the HVAC Replacement within ten (10) days after receipt of Tenant’s notice, and Tenant nevertheless proceeds with such HVAC Replacement, then Tenant may elect to submit to binding arbitration as provided in Section 41 below the question whether Tenant’s decision to proceed with the HVAC Replacement rather than repairing the applicable portion(s) of the HVAC system (HVAC Replacement Decision) was reasonable. (ii) If Landlord consents to an HVAC Replacement (or if Landlord does not consent to the HVAC Replacement, Tenant elects to proceed with the HVAC Replacement and to submit its HVAC Replacement Decision for arbitration under Section 41, and the arbitrator decides in favor of Tenant) during the last two (2) years of the Initial Term or any Renewal Term and Tenant does not exercise its option for an available Renewal Term under Section 5, then, within 30 days after the expiration of the Term, Landlord shall reimburse Tenant an amount determined by multiplying the out-of-pocket cost incurred by Tenant for the HVAC Replacement by a fraction whose denominator is the useful life (Useful Life) of the HVAC Replacement, as determined in accordance with generally accepted accounting principles (stated in years), and whose numerator is the Useful Life minus the number of full or partial years remaining in the Initial Term or Renewal Term, as applicable, at the time such HVAC Replacement occurs (plus simple interest on the portion of the HVAC Replacement for which Landlord is responsible at the rate of eight percent (8%) per annum from the date that the HVAC Replacement expense was incurred), subject to the following conditions: (A) Tenant must have obtained and continued in effect at all times during the Term a Maintenance Contract for the HVAC; (B) Tenant must not be in default under this Lease beyond any applicable notice and cure period at the time of this Lease, at its sole cost and expense, well, properly and sufficiently repair, maintain and keep reimbursement; (C) Tenant must provide Landlord with copies of paid receipts evidencing the Leased Premises with the appurtenances (including, without restricting the generality payment of the foregoing, signs and inside and outside plate glass windows and doors, including all overhead or exterior doors to be installed) in good and substantial repair and shall repair, maintain and replace all fixtures and things which at any time during costs for the Term of this Lease are located or erected in or upon the Lease Premises, such repair, maintenance and replacement to be made by the Tenant when, where and so often as need shall be, except for: (a) repairs required to be made by the Landlord pursuant to the provisions of Clause 4.01 hereofHVAC Replacement; and (bD) reasonable wear and tear; Unless such excepted repairs are necessitated Landlord may set off against its reimbursement amount any outstanding amounts owed by the acts or omissions of the Tenant, its agents, employees, invitees or licensees. The cost of any repair or replacement required Tenant to be made of the Leased Premises as a result of any act or omission of the Tenant, its employees, servants, agents or licensees shall be paid in full by the Tenant. Provided further, notwithstanding anything to the contrary herein contained, the Tenant shall make all repairs and replacements to the Leased Premises made necessary by reason of burglary or attempted burglaryLandlord under this Lease. (c) It is understood that the Tenant will organize maintenance for the grounds and maintenance to keep all sidewalks, roadways and parking areas bordering on the Building free of ice and snow and the grass, if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are to be approved by the Landlord in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the Landlord.

Appears in 1 contract

Samples: Lease Agreement (Alliance Data Systems Corp)

Maintenance of Premises. The (a) During the Term, Landlord shall maintain only the following in good condition and repair at its expense: the structure of each Building, including, without limitation the roof, roof membrane, foundation, floor slab, and load-bearing and exterior walls (the “Structural Components”). If, in order for a Structural Component of the Building to remain in good condition, replacement of that component becomes necessary, Landlord’s obligation with respect to that Structural Component includes the obligation to replace it. (b) Landlord shall accomplish all maintenance for which it is responsible as soon as practicable following receipt of notice from Tenant. If a hazardous or emergency situation exists, however, Landlord shall have the maintenance performed as soon as possible. (c) Except as otherwise provided in this Lease, Tenant shall, during the Term, maintain in good condition and repair (ordinary wear and tear excepted) at all times at its expense the Premises and the systems serving the Premises. Moreover, during the entire Term, Tenant must keep the parking areas and all detention pond facilities clean and in good condition and repair, water the landscape plantings situated on the Land at suitable intervals, and either maintain in force service contracts providing for the routine repair and maintenance of the HVAC and other Building systems serving the Premises (each, a “Maintenance Contract”) or provide reasonable evidence to Landlord from time to time upon its request that the HVAC and other Building systems are being maintained in accordance with the manufacturers’ specifications under a regular maintenance program by a qualified maintenance technician. Promptly after receipt thereof, Tenant shall furnish to Landlord a copy of each Maintenance Contract (and each renewal thereof) and, upon request by Landlord, a copy of each service report received by Tenant under any Maintenance Contract. Tenant’s obligations include necessary replacements of the landscaping, as well as repairs and replacements regarding parking areas, driveways, sidewalks, detention pond facilities, stairs, elevators, loading docks, dock doors, levelers, and related facilities, and the HVAC and other systems serving the Premises and all Tenant Improvements. (i) Tenant shall be responsible for the replacement of any portion of the heating, ventilating and air conditioning system in the Premises (the “HVAC Replacement”) which costs not more than $10,000 per instance. Landlord shall be responsible for the cost of any HVAC Replacement in excess of $10,000 per instance, subject to the following conditions: 1. Tenant must have either obtained and continued in effect at all times during the Term of this Leasea Maintenance Contract for the HVAC system, or at its sole cost and expense, well, properly and sufficiently repair, maintain and keep all times maintained the Leased Premises HVAC System in accordance with the appurtenances (including, without restricting the generality of the foregoing, signs and inside and outside plate glass windows and doors, including all overhead or exterior doors to be installed) in good and substantial repair and shall repair, maintain and replace all fixtures and things which at any time during the Term of this Lease are located or erected in or upon the Lease Premises, such repair, manufacturer’s specifications under a regular maintenance and replacement to be made program administered by the Tenant when, where and so often as need shall be, except for: (a) repairs required to be made by the Landlord pursuant to the provisions of Clause 4.01 hereofa qualified service technician; and 2. Tenant must not be in default under this Lease beyond all applicable notice and cure period at the time of reimbursement. (bii) reasonable wear and tear; Unless such excepted repairs are necessitated by If Landlord is responsible for the acts or omissions of the Tenant, its agents, employees, invitees or licensees. The cost of any repair HVAC Replacement and pays such cost, then Tenant shall pay to Landlord monthly, as Additional Rent, one percent (1%) of the cost of such HVAC Replacement for the remainder of the Term, including any Renewal Terms. (d) At Tenant’s request, Landlord agrees, with no out of pocket cost to Landlord, to assist Tenant in obtaining and coordinating maintenance providers for the Premises. (e) Landlord or replacement Tenant, after providing the other party not less than 30 days’ prior written notice, may perform any obligation the other party (the “Non-Performing Party”) is required to be made perform pursuant to this Section 10 but has failed to perform on behalf of such Non-Performing Party, and the Non-Performing Party shall pay to the party performing such obligation (the “Performing Party”) within 30 days after the date of the Leased Premises as a result Non-Performing Party’s receipt of the Performing Party’s invoice the full amount of the reasonable costs and expenses the Performing Party incurs to perform such obligations, together with the amount of any act reasonable legal fees the Performing Party incurs in instituting, prosecuting or omission of the Tenant, its employees, servants, agents defending any action or licensees shall be paid in full by the Tenant. Provided further, notwithstanding anything to the contrary herein contained, the Tenant shall make all repairs and replacements to the Leased Premises made necessary proceeding by reason of burglary or attempted burglary. (c) It is understood any default in respect of any such obligation, except that the Tenant will organize maintenance for the grounds and maintenance Performing Party shall have no right to keep all sidewalks, roadways and parking areas bordering on the Building free of ice and snow perform such obligation if such obligation requires more than 30 days to perform and the grassNon-Performing Party has commenced performance of the obligation within the 30-day period and is diligently pursuing performance of that obligation. The foregoing in no way eliminates Landlord’s obligation to promptly perform repairs involving hazardous or emergency situations, as further set forth in 10(b) above, and Tenant’s corresponding right of self-help if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are Landlord fails to be approved by the Landlord do so as more specifically provided in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the LandlordSection 26(a) below.

Appears in 1 contract

Samples: Lease Agreement (3d Systems Corp)

Maintenance of Premises. The Tenant Subject to any construction guarantees or warranties by Lessor or its subcontractors, Lessee shall at its sole expense, keep and maintain the premises and appurtenances, including but not limited to sidewalks, parking areas, electrical and air conditioning systems, roof (provided that Lessor shall keep and maintain the roof for a period of the first 24 months after completion of construction, except for damage caused by the negligent acts of Lessee), and interior of the premises in good and sanitary order, condition and repair. Further, all times water, gas, electricity or other public utility service used upon or furnished to the premises during the Term term of this Leasethe lease or any extension shall be paid for by Lessee. Lessee shall maintain and replace, when necessary, any shrubbery, paving, or landscaping, provided by Lessor upon the leased premises. In the event Lessee's premises are only a portion of the site, then Lessor shall maintain and replace when necessary any such facilities located upon the leased premises and the cost of such maintenance, repair and replacement shall be equitably prorated with the annual cost reimbursable to Lessor within ten (10) days after Lessor provides evidence of payment of such expenses. Lessee waives all right to make repairs at the expense of Lessor as provided in Section 1942 of the Civil Code of the State of California. Lessor shall, at its sole cost and expense, well, properly and sufficiently repair, maintain and keep repair any defects in the Leased Premises with the appurtenances (including, without restricting the generality structural portions of the foregoingbuildings comprising the leased premises (e.g., signs and inside and outside plate glass windows and doorsconcrete walls, including all overhead or exterior doors footings, concrete slab, roof structure), except for any damage to be installed) in good and substantial repair and shall repair, maintain and replace all fixtures and things which at any time during the Term of this Lease are located or erected in or upon the Lease Premises, such repair, maintenance and replacement to be made structural portions caused by the Tenant when, where and so often as need shall be, except for: (a) repairs required to be made by the Landlord pursuant to the provisions negligent acts of Clause 4.01 hereof; and (b) reasonable wear and tear; Unless such excepted repairs are necessitated by the acts or omissions of the Tenant, its agents, employees, invitees or licensees. The cost of any repair or replacement required to be made of the Leased Premises as a result of any act or omission of the Tenant, its employees, servants, agents or licensees shall be paid in full by the Tenant. Provided further, notwithstanding anything to the contrary herein contained, the Tenant shall make all repairs and replacements to the Leased Premises made necessary by reason of burglary or attempted burglaryLessee. (c) It is understood that the Tenant will organize maintenance for the grounds and maintenance to keep all sidewalks, roadways and parking areas bordering on the Building free of ice and snow and the grass, if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are to be approved by the Landlord in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the Landlord.

Appears in 1 contract

Samples: Lease Agreement (Mission West Properties/New/)

Maintenance of Premises. The Tenant shall at all times during the Term of this Lease13.1 Lessee shall, at its sole cost and expense, wellmaintain the Premises in good order and condition, properly reasonable wear and sufficiently repairtear excepted. After the expiration of the Option Period, maintain if this Lease remains in effect and keep if Lessee has not exercised the Leased Purchase Option, Lessee shall paint the concrete floors and corridors of the building on the Premises at such times as are necessary in Lessee’s commercially reasonable judgment and prior to the surrender of the Premises to Lessor at the end of the Term (as opposed to any earlier termination of this Lease, other than in connection with a default by Lessee hereunder, or following the exercise of the Purchase Option) with aquapon paint for concrete floors and enamel paint as existing on corridor panels. 13.2 At the expiration of the Term (except in connection with the appurtenances closing pursuant to the Purchase Option), or upon any earlier termination of this Lease, Lessee shall surrender the Premises in good condition, reasonable wear and tear excepted. Before surrendering the Premises, Lessee shall (includingi) remove all of its signage, personalty and inventory from the Premises and otherwise comply with its obligations under Section 3.8 of the Lease, and to the extent that such signage, personalty and/or inventory has not been removed from the Premises Lessor may remove the same, (ii) transfer to Lessor the local telephone numbers and fax numbers currently used at and for the Premises, and cooperate with Lessor in order to effectuate an uninterrupted transfer of utility services to Lessor as of the surrender date, provided that no Power Purchase Agreements shall be transferred to Lessor without restricting Lessor’s express prior written consent, (iii) remove all references to the generality Premises from any existing internet website of Lessee, (iv) continue to operate the Premises as a self-storage facility in the ordinary course of commercially reasonable business consistent with past practice and transfer to Lessor the customer lists and related information respecting the tenants of the Premises and (v) distribute to tenants a letter regarding a change of ownership as and when requested by Lessor. Lessee shall pay all Sales Taxes that Lessee should have been collecting and remitting pursuant to law from and after the - 20 - Commencement Date through the Term or the earlier termination of this Lease and hereby indemnifies, defends and holds Lessor harmless from and against, and Lessee shall reimburse Lessor for, any and all claims, liabilities, losses, damages and expenses (including interest, penalties, attorneys’ fees, court costs and costs of appeal) arising out of the failure by Lessee to pay such Sales Taxes. Lessee will turn over to Lessor all security deposits and prepaid rents under the Leases which have been paid as of the surrender date, however, to the extent that any security deposits have been returned to tenants, Lessor shall not receive a credit therefor so long as Lessee furnishes Lessor with proof that such tenants received all such refunded security deposits. Any rental payments which have come due, but are not paid, by the surrender date shall belong to Lessor and may be collected by Lessor from the tenants after the surrender date. Lessee shall prepare a schedule of delinquent and prepaid rentals, and security deposits, as of the surrender date. All such delinquent rents collected by Lessor after the surrender date may be retained by Lessor. Lessee shall not collect any rent or other sums after the surrender date, and any such rent or other sums received shall be promptly delivered to Lessor. The proration of real estate taxes and assessments shall be based upon the current tax fiscal year for the Premises unless the custom and practice for real estate transactions in the county where the Premises is located is otherwise, whereupon the custom and practice will be employed. Provided Lessee is not in default on the surrender date, there shall be a readjustment and “true up” after the surrender date if necessary to effectuate the requirements of this Section 13.2. Lessee’s obligation to observe and perform Lessee’s covenants and obligations under Sections 13.1 and 13.2 shall survive the expiration of the Term or earlier termination of this Lease. 13.3 Lessee shall not commit any waste, damage or any injury to the Premises or any part thereof, and shall take all reasonable precautions and actions to prevent others from committing any of the foregoing. 13.4 During the Term, signs Lessor shall have the right to enter the Premises at all reasonable times during normal business hours to examine or inspect the same and inside and outside plate glass windows and doors, including all overhead or exterior doors to be installed) make any repairs to the Premises that Lessee failed to make in good and substantial repair and shall repair, maintain and replace all fixtures and things which at any time during the Term of accordance with this Lease are located (after first giving Lessee written notice of such necessary repairs and a reasonable opportunity to make such repairs except in the event of emergency); provided, however, that any person or erected entity related to or affiliated with Lessor who leases a unit may enter such unit in or accordance with the terms of its unit lease agreement. During the last twelve (12) months of the Term, Lessor may show the Premises to prospective tenants and purchasers during normal business hours. Lessor, in its capacity as Lessor, shall not enter the Premises without first furnishing Lessee at least twenty-four (24) hours prior notice, except in the case of emergency when no notice shall be required. In no event shall Lessor interfere with the conduct of Lessee’s business, except as may be necessary in the case of emergency. Lessee shall have the right to accompany Lessor during any entry by Lessor upon the Lease Premises, such repair, maintenance and replacement . Lessor shall not have access to be made by the Tenant when, where and so often as need shall be, except for: (a) repairs required to be made by the Landlord pursuant to the provisions of Clause 4.01 hereof; and (b) reasonable wear and tear; Unless such excepted repairs are necessitated by the acts or omissions any of the Tenant, its agents, employees, invitees tenants’ units or licenseesany of Lessee’s confidential or proprietary materials or information. The cost of any repair or replacement required to be made of the Leased Premises as a result of Lessee will not do any act or omission suffer any act to be done which will in any way encumber the fee title of Lessor in and to the TenantPremises or in any way subject the Premises to any claim by way of lien or encumbrance, its employeeswhether by operation of law or by virtue of any express or implied contract by Lessee. If any mechanic’s, servantsmaterialmen’s, agents vendor’s, laborer’s or licensees other lien, shall be paid filed against the Premises or against Lessor arising out of labor or materials used in full by the Tenant. Provided furtherconstruction or alteration of, notwithstanding anything to the contrary herein containedor installed in, the Tenant shall make all repairs and replacements to the Leased Premises made necessary by reason of burglary any building or attempted burglary. (c) It is understood that the Tenant will organize maintenance for the grounds and maintenance to keep all sidewalks, roadways and parking areas bordering improvement on the Building free of ice Premises by Lessee (whether or not such lien is valid or enforceable as such), Lessee shall, at its sole cost and snow and expense, cause the grass, if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are same to be approved cancelled, discharged or removed of record by the Landlord in writing and the Tenant will be charged back their proportionate share filing a bond, by payment into court, by satisfaction or otherwise within thirty (30) days after Lessee receives written notice of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the Landlordfiling thereof.

Appears in 1 contract

Samples: Lease Agreement

Maintenance of Premises. The Tenant shall at all times shall, during the Term of this LeaseTerm, at its sole cost and expense, wellkeep in good repair and maintain the entire Premises in good, properly clean working order, condition and sufficiently repair, maintain and keep the Leased Premises with the appurtenances (including, without restricting limitation, the generality structural portions of the building and improvements thereon, the interior and exterior thereof, the roof, plate glass, wiring, plumbing, heat and air conditioning units, parking and service areas, landscaping, elevator and the approaches thereto and appurtenances thereof, including all adjacent sidewalks and alleys; provided, however, prior to September 30, 2014, Landlord shall continue to be obligated to keep in good repair and maintain the roof in accordance with the terms and provisions of Sections 8.2 and 8.3 of the Prior Lease. Tenant's obligation to maintain the Premises shall specifically include, without limitation, the obligation to make any and all repairs and to repaint and/or re-stain all painted areas as reasonably required by Landlord. Tenant acknowledges that Tenant’s maintenance and repair obligations hereunder shall include replacement of carpet, paint and wallpaper at the expiration of their useful life if replacement has not previously been required hereunder. Notwithstanding the foregoing, signs and inside and outside plate glass windows and doorsall carpet in the Premises shall have been replaced within the last 5 years prior to the termination of this Lease, including all overhead or exterior doors to be installed) in good and substantial repair and shall repair, maintain and replace all fixtures and things which at any time during whether by expiration of the Term of this Lease are located or erected otherwise. Landlord shall not have any responsibility to maintain the Premises or any part thereof, whether structural or non-structural, interior or exterior. Notwithstanding the foregoing, Landlord shall have the right, in or upon its sole and absolute discretion, to inspect the Lease Premises, such repairand Landlord may, in its sole and absolute discretion, perform (or cause Tenant to perform) maintenance and replacement repair of the Premises. Tenant shall reimburse Landlord for any and all such maintenance and repair performed by Landlord within three (3) business days of written notice from Landlord to be made Tenant. Tenant hereby waives all rights under any applicable law, rule or ordinance that provides or allows for Tenant=s right to make repairs and deduct the cost of such repairs from the Monthly Rent or any other Payment due and payable by Tenant hereunder. Landlord reserves and retains the Tenant when, where right to lease the roof and so often as need shall be, except for: exterior portions of the Premises (atogether with any and all easements for access thereto) repairs required to be made by the Landlord (provided such lease does not materially interfere with Tenant’s signage rights pursuant to Section 24.2) to third parties for the provisions installation of Clause 4.01 hereof; and (b) reasonable wear satellite dishes, antenna, billboards, among other things and tear; Unless such excepted repairs are necessitated by the acts or omissions Tenant shall not be entitled to any abatement of Monthly Rent and/or any portion of the Tenantrevenue from such leases; provided, its agentsTenant shall have the right to reasonably approve: (i) the type of materials and method of attachment, employees, invitees or licensees. The cost (ii) the cosmetic impact of any repair or replacement required to be made attachment such that it will not negatively impact the marketability of the Leased Premises as a result of any act Premises, and (iii) the content, so that no disreputable or omission of the Tenantcompetitive advertisements are installed. Furthermore, its employees, servants, agents or licensees Landlord shall be paid in full responsible for any damage and any ongoing required maintenance directly caused by the Tenant. Provided further, notwithstanding anything to the contrary herein contained, the Tenant shall make all repairs and replacements to the Leased Premises made necessary by reason of burglary or attempted burglarysuch installation. (c) It is understood that the Tenant will organize maintenance for the grounds and maintenance to keep all sidewalks, roadways and parking areas bordering on the Building free of ice and snow and the grass, if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are to be approved by the Landlord in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the Landlord.

Appears in 1 contract

Samples: Lease Agreement (Emeritus Corp\wa\)

Maintenance of Premises. The Tenant shall at all times during the Term of this Lease, A. Landlord's Obligations: Landlord at its sole cost and expense, wellshall maintain in good condition, properly order, and sufficiently repair, maintain and keep the Leased Premises with the appurtenances (including, without restricting the generality of the foregoing, signs and inside and outside plate glass windows and doors, including all overhead or exterior doors to be installed) in good and substantial repair and shall repair, maintain and replace all fixtures as and things which at any time during the Term of this Lease are located or erected in or upon the Lease Premises, such repair, maintenance and replacement to be made by the Tenant when, where and so often as need shall be, except for: (a) repairs required to be made by the Landlord pursuant to the provisions of Clause 4.01 hereof; and (b) reasonable wear and tear; Unless such excepted repairs are necessitated by the acts or omissions of the Tenant, its agents, employees, invitees or licensees. The cost of any repair or replacement required to be made of the Leased Premises as a result of any act or omission of the Tenant, its employees, servants, agents or licensees shall be paid in full by the Tenant. Provided further, notwithstanding anything to the contrary herein containedwhen necessary, the Tenant shall make foundation, exterior load bearing walls and roof structure, and all repairs and replacements to the Leased Premises made necessary by reason other structural components of burglary or attempted burglary. (c) It is understood that the Tenant will organize maintenance for the grounds and maintenance to keep all sidewalks, roadways and parking areas bordering on the Building free of ice and snow and the grass, if any, fronting the Building, cut excluding any components installed by Tenant. B. Tenant's Obligations: Tenant shall clean, maintain, repair and properly cared forreplace when necessary the Premises and every part thereof through regular inspections and servicing, including but not limited to: (i) all plumbing and sewage facilities, (ii) all heating ventilating and air conditioning facilities and equipment, (iii) all fixtures, interior walls floors, carpets and ceilings, (iv) all windows, door entrances, plate glass and glazing systems including caulking, and skylights, (v) all electrical facilities and equipment, (vi) all automatic fire extinguisher equipment, (vii) the parking lot and all underground utility facilities servicing the Premises, (viii) the roof membrane system, and (ix) all waterscape, landscaping and shrubbery. All contracts for this maintenance wall surfaces and floor tile are to be approved maintained in an as good a condition as when Tenant took possession free of holes, gouges, or defacements. With respect to items (ii) and (viii) above, Tenant shall provide Landlord a copy of a service contract between Tenant and a licensed service contractor providing for periodic maintenance of all such systems or equipment in conformance with the manufacturer's recommendations. Tenant shall provide Landlord a copy of such preventive maintenance contracts and paid invoices for the recommended work if requested by Landlord. If as a part of Tenant's fulfillment of its maintenance obligations during the last three (3) years of the Lease Term a replacement of the roof membrane is necessary, Landlord shall reimburse Tenant for the cost of the replacement less the sum of (i) Thirty Thousand Dollars ($30,000.00) plus (ii) that portion of the cost over $30,000.00 equal to the product of such cost multiplied by a fraction, the numerator of which is the number of years remaining in writing the Lease Term, the denominator of which is the useful life (in years) of the roof replacement; provided, however, that if the roof replacement is made during the initial Lease Term and Tenant thereafter exercises a renewal option, then upon Tenant's exercise of the Tenant will renewal option, the numerator of the fraction shall be charged back their proportionate share adjusted to the sum of: (i) the Lease Term remaining at the time the roof replacement was made; and (ii) the number of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from years in the Option Term; and Landlord's reimbursement obligation shall immediately thereafter be re- calculated.

Appears in 1 contract

Samples: Quarterly Report

Maintenance of Premises. The Tenant Each Grantor shall not commit or suffer any waste on the Owned Premises or Leased Premises. In the case of the Owned Premises, except to the extent to do so shall be Xxxxxx'x obligation under the Mortgaged Leases, Black Hawk and Black Hawk/Xxxxxx shall at all times during maintain the Term Owned Premises in good working order, condition and repair, reasonable wear and tear excepted, and shall use commercially reasonable efforts to make or cause to be made all repairs structural or nonstructural which are necessary or appropriate in the conduct of this Leasesuch Grantors' business. In the case of the Leased Premises, except to the extent to do so shall be the Lessor's obligation under the Mortgaged Leases, Xxxxxx shall, at its sole cost and expense, well, properly and sufficiently repairall times, maintain and keep the Leased Premises with the appurtenances (including, without restricting the generality of the foregoing, signs and inside and outside plate glass windows and doors, including all overhead or exterior doors to be installed) in good working order, condition and substantial repair repair, reasonable wear and tear excepted, and shall repair, maintain and replace all fixtures and things which at any time during the Term of this Lease are located use commercially reasonable efforts to make or erected in or upon the Lease Premises, such repair, maintenance and replacement cause to be made by all repairs, structural (to the Tenant whenextent permitted under the Mortgaged Leases) or nonstructural, where and so often as need shall bewhich are necessary or appropriate in the conduct of the Grantors' business. No Grantor shall, except for: (aas permitted in Section 4.3(iii) repairs required hereof, alter the occupancy or use of all or any portion of the Owned Premises or Leased Premises without the prior written consent of the Beneficiary, which consent shall not be unreasonably withheld. Except to be made by the Landlord extent permitted pursuant to the provisions of Clause 4.01 Section 4.3(iii) hereof; and (b) reasonable wear and tear; Unless such excepted repairs are necessitated by , no Grantor shall remove, demolish or alter the acts structural character of any Improvement now or omissions hereafter erected upon all or any portion of the TenantOwned Premises or Leased Premises, its agentsor permit any such removal, employeesdemolition or alteration, invitees or licensees. The cost of any repair or replacement required to be made without the prior written consent of the Leased Premises as a result of any act or omission of the TenantBeneficiary, its employees, servants, agents or licensees which consent shall not be paid in full by the Tenant. Provided further, notwithstanding anything to the contrary herein contained, the Tenant shall make all repairs and replacements to the Leased Premises made necessary by reason of burglary or attempted burglaryunreasonably withheld. (c) It is understood that the Tenant will organize maintenance for the grounds and maintenance to keep all sidewalks, roadways and parking areas bordering on the Building free of ice and snow and the grass, if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are to be approved by the Landlord in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the Landlord.

Appears in 1 contract

Samples: Deed of Trust (Jalou Cashs LLC)

Maintenance of Premises. The Tenant shall at all times during the Term of this LeaseSubject to Landlord's obligations under Section 5.01, Article 7 and Article 8, Tenant, at its sole cost and expense, wellshall maintain, properly repair and sufficiently repairreplace in good condition the Premises and all portions thereof and all improvements and systems serving the Premises, maintain and keep the Leased Premises with the appurtenances (including, without restricting the generality limitation, plumbing, paving, water and sewer lines up to points of the foregoingcommon connection, signs fire sprinklers and inside and outside plate glass windows and fire protection systems, entries, doors, including all overhead or exterior doors to be installed) in good ceilings, TPO roof and substantial other roof systems, windows, floors, interior walls and the heating, ventilation and air conditioning systems. Tenant acknowledges and agrees that the foregoing repair and replacements may include repairs and replacements whose benefits extend beyond the Lease Term. Any repair or replacement under this Section 6.01 shall repairbe performed by Tenant, maintain at Tenant's expense, using contractors reasonably approved by Landlord. Heating, ventilation and replace all fixtures air conditioning ("HVAC") systems and things which other mechanical and building systems serving the Premises shall be maintained at any time Tenant's expense pursuant to maintenance service contracts entered into and kept in full force and effect during the Lease Term of this Lease are located or erected in or upon the Lease Premises, such repair, maintenance and replacement to be made by the Tenant when, where and so often as need shall be, except for: (a) repairs required to be made by the Landlord pursuant to the provisions of Clause 4.01 hereof; and (b) reasonable wear and tear; Unless such excepted repairs are necessitated by the acts or omissions of the Tenant, its agents, employees, invitees or licensees. The scope of services and contractors under such maintenance contracts shall be reasonably approved by Landlord. Landscaping, lawn and snow removal services shall also be performed at Tenant's expense. Subject to Article 7, Tenant shall bear the full cost of any repair or replacement required to be made any part of the Leased Premises as a result of any act or omission of the that results from damage caused by Tenant, its employees, servantsagents, agents contractors or licensees invitees and any repair that benefits only the Premises. If any present or future improvements to the Premises are made or authorized to be made by Tenant, its employees or agents, and such improvements shall encroach upon any property or street adjacent to the Premises or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the Premises or shall impair the rights of others under any easement or right-of-way to which the Premises are subject then, upon request of Landlord, Tenant, at its sole cost and expense, shall take such action as shall be paid in full by necessary to remove such encroachments or end such violation or impairment. Notwithstanding the Tenant. Provided furtherforegoing, notwithstanding anything to the contrary herein contained, the Tenant shall make all repairs and replacements not be required to the Leased Premises made remove any such encroachments if Tenant has or obtains such easements, licenses or similar rights as may be necessary by reason of burglary or attempted burglary. (c) to permit such encroachments to remain. It is understood that the intention of Landlord and Tenant will organize maintenance for that, at all times during the grounds Lease Term, Tenant shall maintain the Premises in an attractive, first-class and maintenance to keep all sidewalksfully operative condition, roadways consistent with similar manufacturing, distribution and parking areas bordering on the Building free of ice and snow and the grass, if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are to be approved by the Landlord in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the Landlordwarehouse facilities.

Appears in 1 contract

Samples: Lease Agreement (SunOpta Inc.)

Maintenance of Premises. The Tenant shall at all times during the Term of this Lease13.1 Lessee shall, at its sole cost and expense, wellmaintain the Premises in good order and condition, properly reasonable wear and sufficiently repairtear excepted. After the expiration of the Option Period, maintain if this Lease remains in effect and keep if Lessee has not exercised the Leased Purchase Option, Lessee shall paint the concrete floors and corridors of the building on the Premises at such times as are necessary in Lessee’s commercially reasonable judgment and prior to the surrender of the Premises to Lessor at the end of the Term (as opposed to any earlier termination of this Lease, other than in connection with a default by Lessee hereunder, or following the exercise of the Purchase Option) with aquapon paint for concrete floors and enamel paint as existing on corridor panels. 13.2 At the expiration of the Term (except in connection with the appurtenances (including, without restricting the generality of the foregoing, signs and inside and outside plate glass windows and doors, including all overhead or exterior doors to be installed) in good and substantial repair and shall repair, maintain and replace all fixtures and things which at any time during the Term of this Lease are located or erected in or upon the Lease Premises, such repair, maintenance and replacement to be made by the Tenant when, where and so often as need shall be, except for: (a) repairs required to be made by the Landlord closing pursuant to the provisions Purchase Option), or upon any earlier termination of Clause 4.01 hereof; and (b) this Lease, Lessee shall surrender the Premises in good condition, reasonable wear and tear; Unless such excepted repairs are necessitated by tear excepted. Before surrendering the acts or omissions Premises, Lessee shall (i) remove all of its signage, personalty and inventory from the Premises and otherwise comply with its obligations under Section 3.8 of the TenantLease, its agentsand to the extent that such signage, employeespersonalty and/or inventory has not been removed from the Premises Lessor may remove the same, invitees or licensees. The cost (ii) transfer to Lessor the local telephone numbers and fax numbers currently used at and for the Premises, and cooperate with Lessor in order to effectuate an uninterrupted transfer of any repair or replacement required utility services to be made Lessor as of the Leased surrender date, provided that no Power Purchase Agreements shall be transferred to Lessor without Lessor’s express prior written consent, (iii) remove all references to the Premises from any existing internet website of Lessee, (iv) continue to operate the Premises as a result self-storage facility in the ordinary course of any act or omission commercially reasonable business consistent with past practice and transfer to Lessor the customer lists and related information respecting the tenants of the Tenant, its employees, servants, agents or licensees Premises and (v) distribute to tenants a letter regarding a change of ownership as and when requested by Lessor. Lessee shall be paid in full by the Tenant. Provided further, notwithstanding anything pay all Sales Taxes that Lessee should have been collecting and remitting pursuant to the contrary herein contained, the Tenant shall make all repairs law from and replacements to the Leased Premises made necessary by reason of burglary or attempted burglary. (c) It is understood that the Tenant will organize maintenance for the grounds and maintenance to keep all sidewalks, roadways and parking areas bordering on the Building free of ice and snow and the grass, if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are to be approved by the Landlord in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the Landlord.after the

Appears in 1 contract

Samples: Lease Agreement (Sovran Self Storage Inc)

Maintenance of Premises. The (a) During the Term, Landlord shall maintain only the following in good condition and repair at its expense: the structure of the Building, including, without limitation the roof, roof membrane, foundation, floor slab, and load-bearing and exterior walls (the “Structural Components”). If, in order for a Structural Component of the Building to remain in good condition, replacement of that component becomes necessary, Landlord’s obligation with respect to that Structural Component includes the obligation to replace it. (b) Landlord shall accomplish all maintenance for which it is responsible as soon as practicable following receipt of notice from Tenant. If a hazardous or emergency situation exists, however, Landlord shall have the maintenance performed as soon as possible. (c) Except as otherwise provided in this Lease, Tenant shall during the Term maintain in good condition and repair (ordinary wear and tear excepted) at all times at its expense the Premises and the systems serving the Premises. Moreover, during the entire Term, Tenant must keep the parking areas and all detention pond facilities clean and in good condition and repair, water the landscape plantings situated on the Land at suitable intervals, and either maintain in force service contracts providing for the routine repair and maintenance of the HVAC and other Building systems serving the Premises (each, a “Maintenance Contract”) or provide reasonable evidence to Landlord from time to time upon its request that the HVAC and other Building Systems are being maintained in accordance with the manufacturers’ specifications under a regular maintenance program by a qualified maintenance technician. Promptly after receipt thereof, Tenant shall furnish to Landlord a copy of each Maintenance Contract (and each renewal thereof) and, upon request by Landlord, a copy of each service report received by Tenant under any Maintenance Contract. Tenant’s obligations include necessary replacements of the landscaping, as well as repairs and replacements regarding parking areas, driveways, sidewalks, detention pond facilities, stairs, elevators, loading dock, dock door, and leveler, and related facilities, and the HVAC and other systems serving the Premises and all Tenant Improvements. (i) With respect to any proposed replacement of any portion of the heating, ventilating and air conditioning system in the Premises (the “HVAC Replacement”) during the last 18 months of the Initial Term or any Renewal Term of this Lease: (1) Tenant must give Landlord written notice of the need for the HVAC Replacement at least 30 days prior to commencing the HVAC Replacement, which notice must include: a. a detailed estimate from the service provider under the Maintenance Contract for the HVAC system, or if none, from a qualified service technician, of the cost to repair the HVAC system (or the applicable part thereof) without replacing it; and b. bids for the cost of the HVAC Replacement from at least three (3) reputable HVAC providers approved by Landlord; and (2) Landlord must give its prior written consent to the HVAC Replacement and the HVAC provider who will install the HVAC Replacement, which consent may not be unreasonably withheld, conditioned, or delayed. Landlord’s failure to respond to Tenant’s notice within fifteen (15) days of Landlord’s receipt thereof, shall be deemed to be a consent to the proposed HVAC Replacement. (ii) If Landlord consents (or is deemed to consent) to an HVAC Replacement and Tenant does not renew or extend the Term, then, within sixty (60) days after the expiration of the Term (or Renewal Term), Landlord shall reimburse Tenant an amount determined by multiplying the out-of-pocket costs incurred by Tenant for the HVAC Replacement by a fraction, the denominator of which is the anticipated useful life (the “Useful Life”) of the HVAC Replacement, as determined in accordance with generally accepted accounting principles (stated in years and fractions thereof), and the numerator of which is the Useful Life minus the number of full or partial years remaining in the Term or Renewal Term, as applicable, at the time such HVAC Replacement is completed, subject to the following conditions: (1) Tenant must have either obtained and continued in effect at all times during the Term a Maintenance Contract for the HVAC system, or at all times maintained the HVAC System in accordance with the manufacturer’s specifications under a regular maintenance program administered by a qualified service technician; (2) Tenant must not be in default under this Lease beyond any applicable notice and cure period at the time of reimbursement; (3) Tenant must provide Landlord with copies of paid receipts evidencing the payment of the costs for the HVAC Replacement; and (4) Landlord may set off against its reimbursement amount any outstanding amounts owed by Tenant to Landlord under this Lease. By way of example only, at its sole cost and expense, well, properly and sufficiently repair, maintain and keep the Leased Premises with the appurtenances (including, without restricting the generality of the foregoing, signs and inside and outside plate glass windows and doors, including all overhead or exterior doors to be installed) in good and substantial repair and shall repair, maintain and replace all fixtures and things which assuming that Tenant makes an HVAC Replacement at any time during the Term last year of the Initial Term, Tenant is entitled to reimbursement under this Lease are located or erected in or upon Section 8(c), the Lease Premises, such repair, maintenance and replacement Useful Life is determined to be made nine years, and the cost of the HVAC Replacement is $500,000, then Landlord’s reimbursement to Tenant will be $444,444 [$500,000 multiplied by the Tenant when, where and so often as need shall be, except for:8/9]. (aiii) If Landlord disapproves Tenant’s request for an HVAC Replacement, Landlord must provide reasonable evidence to Tenant that the repairs Landlord proposes will be adequate to remediate the defect that necessitated the request for the HVAC Replacement. (d) At Tenant’s request, Landlord agrees, at no out of pocket cost to Landlord, to assist Tenant in obtaining and coordinating maintenance providers for the Premises. (e) Landlord or Tenant, after providing the other party not less than 30 days’ prior written notice, may perform any obligation the other party (the “Non-Performing Party”) is required to be made by the Landlord perform pursuant to this Section 9 but has failed to perform on behalf of such Non-Performing Party, and the provisions of Clause 4.01 hereof; and Non-Performing Party shall pay to the party performing such obligation (bthe “Performing Party”) reasonable wear and tear; Unless such excepted repairs are necessitated by within 30 days after the acts or omissions date of the TenantNon-Performing Party’s receipt of the Performing Party’s invoice the full amount of the reasonable costs and expenses the Performing Party incurs to perform such obligations, its agents, employees, invitees or licensees. The cost together with the amount of any repair reasonable legal fees the Performing Party incurs in instituting, prosecuting or replacement required to be made of the Leased Premises as a result of defending any act action or omission of the Tenant, its employees, servants, agents or licensees shall be paid in full by the Tenant. Provided further, notwithstanding anything to the contrary herein contained, the Tenant shall make all repairs and replacements to the Leased Premises made necessary proceeding by reason of burglary or attempted burglary. (c) It is understood any default in respect of any such obligation, except that the Tenant will organize maintenance for the grounds and maintenance Performing Party shall have no right to keep all sidewalks, roadways and parking areas bordering on the Building free of ice and snow perform such obligation if such obligation requires more than 30 days to perform and the grassNon-Performing Party has commenced performance of the obligation within the 30-day period and is diligently pursuing performance of that obligation. The foregoing in no way eliminates Landlord’s obligation to promptly perform repairs involving hazardous or emergency situations, as further set forth in 9(b) above, and Tenant’s corresponding right of self-help if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are Landlord fails to be approved by the Landlord do so as more specifically provided in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the LandlordSection 26(a) below.

Appears in 1 contract

Samples: Lease Agreement (3d Systems Corp)

Maintenance of Premises. The Tenant Subject to Sections 6 and 7.3 of this Agreement and all third-party warranties, Lessee shall pay all costs, expenses, fees and charges incurred in connection with the use or occupancy of the Premises, including without limitation, all costs and expenses required to be incurred in the event that any governmental authority imposes mandatory controls or guidelines on the Premises, or any part thereof, relating to the use or conservation of energy, water, gas, oil and electricity or in the event that Lessor is required to make alterations to the Premises as required to comply such mandatory obligations. Subject to Sections 6 and 7.3 of this Agreement and all third-party warranties, Lessee shall at all times during times, at its own expense, and subject to reasonable wear and tear and damage by casualty or condemnation, which are addressed by Section 16 captioned “Destruction of Premises” and Section 17 captioned “Condemnation” respectively, keep the Term Premises in first class condition and repair as a charter school. With respect to the Premises, such maintenance and repair shall include, without limitation, all interior and exterior repairs (including all replacements of components, systems or parts which are a part of, or are incorporated into, the Premises or any part thereof), whether structural or nonstructural, foreseen or unforeseen, ordinary or extraordinary, and all Premises maintenance including, without limitation, removal of dirt, snow, ice, rubbish and other obstructions and maintenance of sidewalks and landscaping. Lessee acknowledges and agrees that, except as otherwise provided in this Agreement, Lessor shall have no obligation to maintain or repair the Premises, or any portion thereof subject to Sections 6 and 7.3 of this LeaseAgreement and all third-party warranties. Lessee shall have full responsibility for maintenance, repairs, and replacements, capital or otherwise. Lessee shall attend any maintenance training required by Lessor from time to time and shall comply with any maintenance and repair requirements reasonably established by Lessor from time to time and all guidelines, requirements and standards contained in any construction and manufacturing warranties with respect to the maintenance, repair and replacement of the Premises, any portion thereof, and any equipment serving the Premises. All replacements made by Lessee in accordance under this Lease shall be of like size, kind and quality to the items replaced as they existed when originally installed and shall be subject to Lessor's reasonable approval. Lessee shall forthwith replace in a neat and workmanlike manner any glass doors and windows broken upon the Premises. Lessee will not overload and will permit no waste, damage or injury to the Premises and at Lessee's own cost and expense, will keep all drainage pipes free and open and will protect water, heating and other pipes so that they will not freeze or become clogged, and will repair all leaks, and will also repair all damages caused by leaks or by reason of a Lessee's failure to protect and keep free, open and unfrozen any of the pipes and plumbing on the Premises. Lessee shall, at its sole cost and expense, wellcontract with a qualified service company reasonably approved by Lessor for the periodic maintenance and the repair and replacement, properly and sufficiently repairas necessary, maintain and keep the Leased Premises with the appurtenances (including, without restricting the generality of the foregoingair-conditioning systems serving the Premises. If Lessee fails to perform Lessee's obligations under this Section in a manner satisfactory to Lessor in its reasonable determination, signs and inside and outside plate glass windows and doors, including all overhead Lessor may at its option (but shall not be required to) enter the Premises upon three (3) days' prior written notice to Lessee (or exterior doors to be installed) in good and substantial repair and shall repair, maintain and replace all fixtures and things which at any time during in the Term case of this Lease are located or erected an emergency), and put the same in or upon the Lease Premisesgood order, such condition and repair, maintenance and replacement to be made by the Tenant when, where and so often as need shall be, except for: (a) repairs required to be made by the Landlord pursuant to the provisions of Clause 4.01 hereof; and (b) reasonable wear and tear; Unless such excepted repairs are necessitated by the acts or omissions of the Tenant, its agents, employees, invitees or licensees. The cost of any repair or replacement required to be made of the Leased Premises as a result of any act or omission of the Tenant, its employees, servants, agents or licensees shall be paid in full by the Tenant. Provided further, notwithstanding anything to the contrary herein contained, the Tenant shall make all repairs and replacements to the Leased Premises made necessary by reason of burglary or attempted burglary. (c) It is understood that the Tenant will organize maintenance for the grounds and maintenance to keep all sidewalks, roadways and parking areas bordering on the Building free of ice and snow and the grass, if any, fronting cost thereof together with interest thereon at the Building, cut Default Rate shall become due and properly cared for. All contracts for this maintenance are payable as Additional Rent to be approved by the Landlord in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior Lessor upon written approval from the Landlorddemand.

Appears in 1 contract

Samples: Charter School Lease

Maintenance of Premises. The Tenant shall at all times during the Term of this Lease, at its sole cost and expense, well, properly and sufficiently repair, maintain and keep the Leased interior non-structural elements of the Premises with (including all entrances, storefronts and vestibules) and all partitions, windows and window frames and moldings, glass, doors, door openers, HVAC equipment, systems and ductwork, and fixtures, improvements, equipment and appurtenances whether located within or outside of but exclusively servicing the Premises (including without limitation, lighting, heating, electrical, plumbing and any grease/interceptors/traps), ventilating and air conditioning fixtures and systems and other mechanical equipment and appurtenances and all parts of the Premises, and parts of Tenant's Work not on the Premises in good order, condition and repair and clean, orderly, sanitary and safe, damage by unavoidable casualty excepted, (including, without restricting but not limited to, doing such things as are necessary to cause the generality Premises, and any other items which Tenant is obligated to maintain, to comply with applicable Laws). If replacement of equipment, fixtures and appurtenances thereto is necessary, Tenant shall replace the same with new or completely reconditioned equipment, fixtures and appurtenances, and repair all damages done in or by such replacement. Tenant shall be responsible for its own janitorial services to clean the Premises. If Tenant fails to perform Tenant's obligations hereunder, and that failure continues after Landlord provides Tenant with written notice and a reasonable opportunity to cure, Landlord may, but shall not be obligated to perform Tenant's obligations or perform work resulting from Tenant's acts or omissions and add the cost of the foregoing, signs and inside and outside plate glass windows and doors, including all overhead or exterior doors same together with an administrative fee of ten percent (10%) to the next installment of Minimum Monthly Rent due hereunder to be installed) repaid in good and substantial repair and full. Landlord shall repairnot be obligated to make repairs, maintain and replace replacements or improvements of any kind upon the Premises, or to any leasehold improvements, equipment, merchandise, goods, stock in trade, facilities or fixtures therein, all fixtures and things of which at shall be Tenant's responsibility, but Tenant shall give Landlord prompt written notice of any time during the Term of this Lease are located accident, casualty, damage or erected other similar occurrence in or upon to the Lease PremisesPremises or the Common Areas of which Tenant has knowledge. Unless caused by the acts or omissions of Tenant or its agents, such employees, contractors, subcontractors, consultants or representatives, Tenant shall have no responsibility to perform or construct, any repair, maintenance and replacement to be made by the Tenant when, where and so often as need shall be, except for: or improvements (ai) repairs required to be made by the Landlord pursuant to the provisions of Clause 4.01 hereof; and (b) reasonable wear and tear; Unless such excepted repairs are necessitated by the acts or omissions of the Tenant, Landlord or its agents, employees, invitees contractors or licensees. The cost of any repair or replacement required representatives, (ii) to be made the electrical, mechanical, HVAC, water, sewer, plumbing and elevator systems serving the portions of the Leased Premises as a result of any act Building other than the Premises, or omission (v) outside the demising walls and storefront of the Tenant, its employees, servants, agents or licensees Premises. Tenant shall be paid in full by responsible for all electrical, mechanical, HVAC, life-safety, water, sewer, and plumbing systems that service the TenantPremises including the connection of such systems to Landlord's main drains or distribution points. Provided further, notwithstanding anything to the contrary herein contained, the Tenant shall make all repairs and replacements to the Leased Premises made necessary by reason of burglary or attempted burglary. (c) It is understood that the Tenant will organize maintenance provide its own uninterrupted power supply for the grounds and maintenance to keep all sidewalks, roadways and parking areas bordering on the Building free of ice and snow and the grass, if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are to be approved by the Landlord in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the LandlordPremises.

Appears in 1 contract

Samples: Lease Agreement (Allied Esports Entertainment, Inc.)

Maintenance of Premises. The Tenant 7.1.1 the Company shall at all times during at least to such extent as may be required by the Term of this Lease, at its sole cost Liquor Act or the Hotel Act be responsible either itself or through the Manager for procuring the due and expense, well, properly and sufficiently repair, maintain and keep the Leased Premises with the appurtenances (including, without restricting the generality proper maintenance of the foregoingentire Premises including without limitation all electrical wiring and fittings and attachments, signs plumbing installations, piping and inside apparatus of all fittings whatever, the interior surfaces of all walls and outside plate glass windows all window frames, fittings and doors, as well as the maintenance of the Movable Property contained in the Premises, in a good and sound order and repair, replacing with new as the old become worn out or become lost to the Company, and shall be responsible for all maintenance, repairs and replacements of whatsoever nature, including all overhead or exterior doors to be installed) in good repairs and, if necessary, replacements, the clearing of any blockages of drains, sewers, plumbing and substantial repair sanitary equipment and shall repair, maintain connections and replace all fixtures and things which at any time during the Term of this Lease are located or erected in or upon the Lease Premises, such repair, maintenance and replacement to be made by the Tenant when, where thereof and so often as need shall be, except for: (a) repairs required to be made by the Landlord pursuant to the provisions of Clause 4.01 hereof; and (b) reasonable wear and tear; Unless such excepted repairs are necessitated by the acts or omissions of the Tenant, its agents, employees, invitees or licensees. The cost of any repair or replacement required to be made of the Leased Premises as a result of any act or omission of the Tenant, its employees, servants, agents or licensees shall be paid in full by the Tenant. Provided further, notwithstanding anything to the contrary herein contained, the Tenant shall make all repairs and replacements renovations to the Leased Premises made necessary by reason of burglary or attempted burglarywhatsoever nature, the Holder having no liability therefore, save as prescribed in clauses 8 and 9 below. (c) 7.1.2 It is understood agreed that the Tenant will organize maintenance Holder acquires the use of the Premises and the Movable Property for the week on a voetstoots basis without any warranties express or implied and in the condition in which they presently stand or will stand when the Holder commences his use thereof. The Company will endeavour to procure that all reasonable steps to remedy any defect in the Premises or the Movable Property are taken within a reasonable time of having been given notice thereof. Any items, goods or property brought into the Premises by the Holder shall as concerns the Company be at the sole risk of the Holder who shall have no claim whatever upon any grounds and maintenance against the Company for any loss suffered by the Holder howsoever arising. 7.1.3 The Holder undertakes to keep all sidewalksbe bound by any procedures which may be prescribed by the Management Regulations or by the Manager from time to time for the taking of inventories in respect of fixtures, roadways and parking areas bordering on the Building free of ice and snow fittings and the grass, if any, fronting Movable Property at the Building, cut commencement and properly cared for. All contracts for this maintenance are to be approved by conclusion of the Landlord in writing and the Tenant will be charged back their proportionate share relevant week or weeks of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the Landlordoccupation.

Appears in 1 contract

Samples: Use Agreement

Maintenance of Premises. The (a) Tenant, at Tenant's expense, shall keep and maintain the Premises and every part thereof in a first-class, clean, sanitary and safe condition throughout the Term, in accordance with applicable law and all directions, rules and regulations of the health officer, fire marshal, building inspector or other proper officials of the governmental agencies having jurisdiction. Tenant shall at all times during the Term of this Lease, at its sole cost and expense, well, properly and sufficiently repair, maintain and keep the Leased Premises and all other parts of the Shopping Center free from any and all liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Within ten (10) days after written request therefor by Landlord, Tenant shall (i) bond against or discharge any mechanics' or materialmen’s lien, or (ii) furnish Landlord with a copy of the appurtenances (recorded waiver of lien, recorded release of lien, or of the recorded bond discharging such lien. Tenant shall reimburse Landlord as Additional Rent for any and all costs and expenses including, without restricting the generality limitation, attorneys' fees, which may be incurred by Landlord by reason of the foregoing, signs and inside and outside plate glass windows and doors, including all overhead or exterior doors to be installed) in good and substantial repair and shall repair, maintain and replace all fixtures and things which at filing of any time during the Term such liens and/or removal of this Lease are located or erected in or upon the Lease Premisessame, such repair, maintenance and replacement reimbursement to be made within ten (10) days after receipt by Tenant from Landlord of a statement setting forth the Tenant when, where amount of such costs and so often as need shall be, except for: (a) repairs required expenses such reimbursement to be made by paid to Landlord in the manner and at the place provided in this Agreement. Tenant shall give Landlord pursuant at least fifteen (15) days' written notice prior to commencing or causing to be commenced any work on the Premises (whether prior or subsequent to the provisions Commencement Date), so that Landlord shall have reasonable opportunity to file and post a notice of Clause 4.01 hereof; andnon-responsibility for Xxxxxx's work. (b) reasonable wear and tear; Unless such excepted repairs are necessitated by In the acts event Tenant fails, refuses or omissions of neglects to maintain the Tenant, its agents, employees, invitees or licensees. The cost of any repair or replacement required to be made of the Leased Premises as a result of required hereunder or to commence and complete repairs promptly and adequately, to remove or bond against any lien, to pay any cost or expense, to reimburse Landlord, or otherwise to perform any act or omission fulfill any obligation required of Tenant pursuant to this Section, Landlord may, but shall not be required to, perform such maintenance or to make or complete any such repairs, remove or bond against such lien, pay such cost or perform such act or the Tenantlike without prior notice to, its employees, servants, agents or licensees shall be paid in full by but at the sole cost and expense of Tenant. Provided further, notwithstanding anything to the contrary herein contained, the Tenant shall make reimburse Landlord, as Additional Rent, for all repairs costs and replacements to the Leased Premises made necessary by reason expenses of burglary or attempted burglary. (c) It is understood that the Tenant will organize maintenance for the grounds and maintenance to keep all sidewalks, roadways and parking areas bordering on the Building free of ice and snow and the grass, if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are to be approved by the Landlord in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the Landlord.thereby incurred within ten

Appears in 1 contract

Samples: Tenancy Agreement

Maintenance of Premises. (a) The Tenant shall at all times during the Term of this Lease, Lessee agrees at its sole cost and expense, wellto maintain the Premises in the same condition in which they exist as of the Full Occupancy Date, properly as improved by the Lessor or the Lessee, including the maintenance, repair and sufficiently repairreplacement of all mechanical, maintain electrical, HVAC, plumbing and keep other building systems within the Leased Premises with serving exclusively the appurtenances (includingPremises, reasonable wear and tear, damage by fire and other casualty and condemnation only excepted, which maintenance shall require, without restricting limiting the generality of the foregoing, signs and inside and outside that all maintenance of the HVAC equipment be performed by a qualified HVAC contractor on a periodic basis but not less frequently than annually. Lessor shall make roof access available to the Lessee for such purposes to meet the reasonable needs of the Lessee. Additionally, Lessee shall, whenever necessary, replace plate glass windows and doorsother glass thereon. The Lessee shall not permit, including all overhead or exterior doors to the extent within the reasonable control of Lessee, the Premises to be installed) in good overloaded, damaged, stripped, or defaced, nor suffer any waste. Lessee will maintain an adequate and substantial repair systematic program to ensure that the Premises are maintained free of rodent and vermin infestation. Lessee shall repaircause garbage and refuse to be removed from the Premises at Lessee's sole expense. Notwithstanding the foregoing provisions to the contrary, maintain and replace all fixtures and things which at Lessee shall not be responsible for the replacement of any time building system during the Original Term of this Lease are located Lease, unless the Lessee's neglect of its maintenance or erected in repair obligations has necessitated such replacement. Notwithstanding the foregoing provisions to the contrary, Lessee shall further not be responsible for any damages or upon repairs resulting from the Lease Premises, such repair, maintenance willful acts or negligence of Lessor and replacement to Lessee shall not be made by the Tenant when, where and so often as need shall be, except for: (a) repairs required to be made make any repairs or pay for any damages which is covered by the Landlord pursuant to the provisions of Clause 4.01 hereof; andinsurance maintained by Lessor. (b) Subject to the succeeding sentences, the Lessor agrees to maintain the structural portions of the Building, including, without limitation, the foundation, footers and weight bearing walls and columns and the roof of which the Premises are a part in good condition, reasonable wear and tear; Unless , damage by fire and other casualty only excepted, unless such excepted repairs are necessitated by the acts or omissions of the Tenant, its agents, employees, invitees or licensees. The cost of any repair or replacement maintenance is required to be made of the Leased Premises as a result of any act act, omission or omission neglect of the TenantLessee or those for whose conduct the Lessee is legally responsible. Lessor shall not charge Lessee any sum for any cost expended by Lessor pursuant to this Section 11(b) either directly or in the form of Additional Rent, its employeesprovided, servantshowever, agents that any and all costs and expenses incurred for roof maintenance, repair or licensees replacement due to or as a result of any roof cuts, punctures or penetrations of any kind by or on behalf of Lessee including, without limitation, arising from or related to the installation or maintenance of HVAC or cooling equipment placed on the roof (but not including equipment to be installed by the Lessor in accordance with Exhibit C) shall be paid in full borne by the Tenant. Provided further, notwithstanding anything to the contrary herein contained, the Tenant shall make all repairs and replacements to the Leased Premises made necessary by reason of burglary or attempted burglaryLessee. (c) It is understood that the Tenant will organize maintenance for the grounds and maintenance to keep all sidewalks, roadways and parking areas bordering on the Building free of ice and snow and the grass, if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are to be approved by the Landlord in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the Landlord.

Appears in 1 contract

Samples: Lease (Abiomed Inc)

Maintenance of Premises. The Tenant Lessee shall, at Lessee’s sole cost, keep and maintain the interior of the Premises and every part thereof, including but not limited to, glass and glazing, plumbing and electrical systems, any store front and all components of the interior of the Premises in good order, condition, and repair, and in the event Lessee fails to keep and maintain any part of the Premises as required hereunder to Lessor’s maintenance standards as determined by Lessor in its reasonable discretion from time to time, then after ten (10) days after Lessor’s notice to Lessee to cure such breach, Lessor may make such repairs or do such maintenance at Lessee’s expense and Lessee shall pay the cost thereof as additional rent. Lessor shall, at all times Lessor’s cost and expense, maintain the structural integrity of the exterior walls, structural portions of the roof, foundations and floors, except that Lessee shall pay, as additional rent, the cost of any repairs or replacements thereto necessitated by the negligence or wrongful act of the Lessee or Lessee’s agents, employees, contractors or other invitees. Lessor shall, at Lessor’s expense (but subject to reimbursement by Lessee as provided below), maintain, repair and (if necessary in the judgment of Lessor’s experts) replace the roof covering, HVAC systems, electrical and plumbing systems, fire sprinkler system (if any), landscaping, parking lot surface, exterior lighting, exterior paint and other portions of the Premises outside the interior of the Building (“Lessor’s Maintenance Services”) during the Term term of this Lease, at its sole as may be extended. Lessee shall reimburse Lessor as Additional Rent the cost and expenseincurred by Lessor in performing Lessor’s Maintenance Services, wellwithin thirty (30) days after delivery of invoice from Lessor; provided, properly and sufficiently repairhowever, maintain and keep the Leased Premises with the appurtenances that (including, without restricting the generality except where repair or replacement of the foregoingparking lot surface, signs and inside and outside plate glass windows and doorslandscaping, including all overhead exterior lighting, exterior paint, roof or exterior doors to be installed) in good and substantial repair and shall repair, maintain and replace all fixtures and things which at any time during the Term of this Lease are located HVAC or erected in or upon the Lease Premises, such repair, maintenance and replacement to be made by the Tenant when, where and so often as need shall be, except for: (a) repairs required to be made by the Landlord pursuant to the provisions of Clause 4.01 hereof; and (b) reasonable wear and tear; Unless such excepted repairs fire sprinkler system are necessitated by the acts negligence, misuse or omissions wrongful act of the Tenant, its Lessee or Lessee’s agents, employees, invitees contractors or licensees. The other invitees, in which event Lessee shall pay the costs thereof in a lump sum on demand), costs of replacement (as opposed to repair) and capital repairs (defined as a single repair the cost of any repair or replacement required to be made which exceeds $25,000) of the Leased Premises foregoing shall be amortized over the useful life thereof (as determined in Lessor’s reasonable judgment), and Lessee shall pay Lessor as Additional Rent a result monthly payment equal to the monthly amortization, together with interest on the unamortized amount at an annual rate of interest equal to the sum of the “prime rate” charged on business loans by Wxxxx Fargo Bank, N.A., plus three percent (3%). Lessee expressly waives the benefits of any act statute now or omission hereafter in effect which would otherwise afford the Lessee the right to make repairs at Lessor’s expense or to terminate this Lease because of the Tenant, its employees, servants, agents or licensees shall be paid in full by the Tenant. Provided further, notwithstanding anything to the contrary herein contained, the Tenant shall make all repairs and replacements to the Leased Premises made necessary by reason of burglary or attempted burglary. (c) It is understood that the Tenant will organize maintenance for the grounds and maintenance Lessor’s failure to keep all sidewalksthe Premises in good order, roadways and parking areas bordering on the Building free of ice and snow and the grass, if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are to be approved by the Landlord in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the Landlordcondition or repair.

Appears in 1 contract

Samples: Triple Net Lease (Iridex Corp)

Maintenance of Premises. The Tenant shall at all times during the Term of this LeaseA. Landlord’s Obligations: Landlord, at its sole cost and expense, wellshall maintain in good condition, properly order, and sufficiently repair, maintain and keep replace as and when necessary, the Leased Premises with the appurtenances (including, without restricting the generality structural components of the foregoingBuilding, signs and inside and outside plate glass windows and doors, including all overhead or exterior doors to be installed) in good and substantial repair and shall repair, maintain and replace all fixtures and things which at any time during for the Term purpose of this Lease are located or erected in or upon means and is limited to the Lease Premisesfoundation, such repair, maintenance exterior load bearing walls and replacement to be made by the Tenant when, where and so often as need shall beroof structure (but not roof membrane), except for:that the cost to repair any damage to such items caused by Tenant or Tenant’s Agents shall be paid for by Tenant to the extent the cost of repair is not fully paid to Landlord from available insurance proceeds, guaranties or warranties. (a) repairs B. Tenant’s Obligations: Except for those items described in Section 9.A above which are required to be made maintained and repaired by Landlord, Tenant shall clean, maintain, repair and replace when necessary the Building and every part thereof through regular inspections and servicing, including but not limited to the following, to the extent Landlord does not elect to maintain the same as Reimbursable Operating Costs: (i) all plumbing and sewage facilities, (ii) all heating ventilating and air conditioning facilities and equipment, (iii) all fixtures, interior walls, floors, carpets and ceilings, (iv) all windows, door entrances, plate glass and glazing systems including caulking, and skylights, (v) all electrical facilities and equipment, (vi) all automatic fire extinguisher equipment, (vii) [intentionally deleted], (viii) all elevator equipment, and (ix) the roof membrane system. All wall surfaces and floor tile are to be maintained in an as good a condition as when Tenant took possession free of holes, gouges, or defacements. With respect to items (ii), (viii) and (ix) above, Tenant shall provide Landlord a copy of a service contract between Tenant and a licensed service contractor providing for periodic maintenance of all such systems or equipment in conformance with the manufacturer’s recommendations. Tenant shall provide Landlord a copy of such preventive maintenance contracts and paid invoices for the recommended work if requested by Landlord. To the extent that any part of the items in (i) through (ix) above is determined by Landlord to be for the benefit of more than one (1) tenant or occupant of the Building or Project, Landlord shall assume the obligation to clean, maintain, repair and replace the same as Reimbursable Operating Costs and Tenant shall during the period of such assumption have no obligation to clean, maintain, repair or replace such item. If any damage or destruction to the Premises or the Project is caused by the act or negligence of Tenant or Tenant’s Agents, Tenant shall promptly repair or restore such damage or destruction, except to the extent the cost of such repair or restoration is covered by insurance maintained or required to be maintained by Landlord, warranties or guaranties, and is required to be repaired by Landlord pursuant to Article 16 below. Notwithstanding this Section 9.B above, if Tenant determines that any mechanical, sprinkler, life safety, heating, ventilating and air conditioning, electrical or plumbing systems or elevators located in or servicing the provisions Building (but not including any such equipment or systems added to service any rack/server labs or any other trade fixtures or Specialized Tenant Improvements) which Tenant is required to repair and replace (other than Tenant Improvements or Alterations or work required of Clause 4.01 hereof; and Tenant to comply with applicable Laws pursuant to Section 8.C) or the Building’s roof membrane are in need of material repair or replacement, and (bi) reasonable wear and tear; Unless such excepted repairs are necessitated by the acts or omissions of the Tenant, its agents, employees, invitees or licensees. The cost of any such repair replacement is in excess of Eighty Thousand Dollars ($80,000), and (ii) the material repair or replacement required constitutes a capital cost under generally accepted accounting principles, then Tenant shall notify Landlord of same in writing. If Tenant notifies Landlord of the foregoing pursuant to the prior sentence, then Landlord shall cause such repair or replacement (whether an item is repaired or replaced shall be determined by Landlord in its reasonable discretion) to be made made, subject to reimbursement by Tenant as follows: The entire cost incurred by Landlord with respect to such work, together with interest thereon at the Amortization Interest Rate, shall be amortized over the useful life of the Leased Premises capital repair or replacement, as a result of any act or omission of reasonably determined by Landlord in accordance with GAAP (defined in Section 9.D), and the Tenant, its employees, servants, agents or licensees monthly amortized cost (and interest thereon at the Amortization Interest Rate) shall be paid in full by Tenant under this Lease each month at the Tenant. Provided furthersame time that Base Monthly Rent is due hereunder until the earlier of the Expiration Date (as the same may be extended pursuant to this Lease, notwithstanding anything whether by exercise of an Option, extension on a month to month basis or otherwise) or the contrary herein contained, the Tenant shall make all repairs and replacements to the Leased Premises made necessary by reason of burglary or attempted burglary. (c) It is understood date that the Tenant will organize maintenance for the grounds entire cost of such work and maintenance interest thereon has been reimbursed to keep all sidewalks, roadways and parking areas bordering on the Building free of ice and snow and the grass, if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are to be approved by the Landlord in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the Landlord.

Appears in 1 contract

Samples: Lease (Extreme Networks Inc)

Maintenance of Premises. The Tenant shall at all times during Except as otherwise provided below, LESSOR will be responsible for the Term of this Lease, at its sole cost and expense, well, properly and sufficiently repair, maintain and keep the Leased Premises with the appurtenances (including, without restricting the generality structural maintenance of the foregoingleased premises and for maintenance, signs repair and inside replacement, if necessary, of the roof, landscaping, sprinklers, doors, locks, plumbing and outside plate glass windows electrical wiring, foundations, walls, building-standard HVAC system serving the office portion of the leased premises, and doorsall of LESSOR's other standard building systems, including all overhead or exterior doors to be installed) in good pipes, vents, conduits, connections and substantial repair and shall repairother components thereof, maintain and replace all fixtures and things which at any time during the Term of this Lease are located or erected in or upon the Lease Premises, such repair, maintenance and replacement to be made but specifically excluding damage caused by the Tenant when, where and so often as need shall be, except for: (a) repairs required to be made by the Landlord pursuant to the provisions willful or __________ LESSOR __________ LESSEE negligent acts of Clause 4.01 hereof; and (b) reasonable wear and tear; Unless such excepted repairs are necessitated by the acts or omissions of the TenantLESSEE, its agents, employees or invitees, and chemical, corrosion or water damage from any source except damage caused by willful or negligent acts of LESSOR, its agents or employees. If despite LESSEE's diligent efforts to cause LESSOR to undertake any of said repairs, invitees replacements or licenseesmaintenance following notice from LESSEE, LESSOR shall fail to undertake such repairs, replacements or maintenance and such failure by LESSOR prevents LESSEE from using the leased premises for its intended purposes for more than thirty (30) consecutive days (or such longer period provided LESSOR shall diligently undertake to make such repairs) following written notice of such required repair, replacement or maintenance from LESSEE (although such notice shall not be required if there is an emergency), LESSEE may make the required repair, replacement or maintenance and LESSOR shall pay the reasonable out-of-pocket costs thereof to LESSEE within thirty (30) days after receipt of a just invoice therefor. The cost LESSEE agrees to maintain at its expense all other aspects of the leased premises in the same condition as they are at the commencement of the lease term or as they may be put in with LESSOR's written consent during the term of this lease, normal wear and tear and damage from casualty and condemnation only excepted, and whenever necessary, to replace light bulbs and glass, acknowledging that the leased premises will be in good order and the light bulbs and glass whole upon delivery by LESSOR. LESSEE shall properly control and vent all chemicals, radioactive materials, smoke, odors and other materials that may be harmful, and shall not cause the area surrounding the leased premises or any other common area to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE, at LESSEE's expense, shall be responsible for janitorial services within the leased premises. LESSOR, at LESSOR's expense, shall provide or perform all common area janitorial services, including cleaning and maintenance on a regular periodic basis. LESSEE shall be solely responsible for any damage to plumbing equipment, sanitary lines or any other portion of the building which results from the discharge or use of any repair or replacement required substance by LESSEE. LESSEE shall not permit the leased premises to be made overloaded, damaged, stripped or defaced, nor suffer any waste, and will not keep animals within the leased premises. If the leased premises include any wooden mezzanine-type space, the floor capacity of such space is suitable only for office use, light storage or assembly work. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage in the leased premises. Notwithstanding the foregoing, any increase in heating, ventilating, air conditioning, plumbing or electrical equipment or capacity, and any installation or maintenance of any "non-building standard" leasehold improvements or equipment which is associated with some specific aspect of LESSEE's use, whether installed by LESSOR, LESSEE or a prior occupant, shall be LESSEE's sole responsibility, at LESSEE's expense, and except for any increase in equipment, capacity or installation which is a part of Phase 1 or Phase 2 of the Leased Premises Lessee Work (as a result of any act or omission such terms are defined in Paragraph H of the TenantRider to Lease), its employeessubject to LESSOR's prior written consent, servants, agents which consent shall not be unreasonably withheld or licensees delayed. All maintenance provided by LESSOR shall be paid in full by the Tenant. Provided further, notwithstanding anything to the contrary herein contained, the Tenant shall make all repairs and replacements to the Leased Premises made necessary by reason of burglary or attempted burglaryduring LESSOR's normal business hours. (c) It is understood that the Tenant will organize maintenance for the grounds and maintenance to keep all sidewalks, roadways and parking areas bordering on the Building free of ice and snow and the grass, if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are to be approved by the Landlord in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the Landlord.

Appears in 1 contract

Samples: Commercial Lease (BioVex Group, Inc.)

Maintenance of Premises. (a) The Tenant shall at all times during the Term of this Lease, Lessee agrees at its sole cost and expense, wellto maintain the Premises in the same condition in which they exist as of the Commencement Date, properly as improved by the Lessor or the Lessee, including the maintenance, repair and sufficiently repairreplacement (subject to the provisions of Section 5(a)(v) and Exhibit C requiring the Lessor to replace certain HVAC equipment) of all mechanical, maintain electrical, HVAC, plumbing and keep other building systems within the Leased Premises with serving exclusively the appurtenances (includingPremises, reasonable wear and tear, damage by fire and other casualty and condemnation only excepted, which maintenance shall require, without restricting limiting the generality of the foregoing, signs and inside and outside that all maintenance of the HVAC equipment (including but not limited to the equipment listed on Exhibit C) be performed by a qualified HVAC contractor on a periodic basis but not less frequently than annually. Additionally, Lessee shall, whenever necessary, replace plate glass windows and doorsother glass thereon. The Lessee shall not permit, including all overhead or exterior doors to the extent within the reasonable control of Lessee, the Premises to be installed) in good overloaded, damaged, stripped, or defaced, nor suffer any waste. Lessee will maintain an adequate and substantial repair systematic program to ensure that the Premises are maintained free of rodent and vermin infestation. Lessee shall repair, maintain cause garbage and replace all fixtures and things which at any time during the Term of this Lease are located or erected in or upon the Lease Premises, such repair, maintenance and replacement refuse to be made by removed from the Tenant whenPremises at Lessee’s sole expense. Notwithstanding the foregoing provisions to the contrary, where Lessee shall further not be responsible for any damages or repairs resulting from the willful acts or negligence of Lessor and so often as need Lessee shall be, except for: (a) repairs not be required to be made make any repairs or pay for any damages which is covered by the Landlord pursuant to the provisions of Clause 4.01 hereof; andinsurance maintained by Lessor. (b) Subject to the succeeding sentences, the Lessor agrees to maintain the structural portions of the Building, including, without limitation, the foundation, footers and weight bearing walls and columns and the roof of which the Premises are a part and the plumbing, electrical and mechanical systems within the common areas, in good condition, reasonable wear and tear; Unless , damage by fire and other casualty only excepted, unless such excepted repairs are necessitated by the acts or omissions of the Tenant, its agents, employees, invitees or licensees. The cost of any repair or replacement maintenance is required to be made of the Leased Premises as a result of any act act, omission or omission neglect of the TenantLessee or those for whose conduct the Lessee is legally responsible but subject to Section 24 with respect to insured losses. Lessor shall not charge Lessee any sum for any cost expended by Lessor pursuant to this Section 11(b) either directly or in the form of Additional Rent, its employeesprovided, servantshowever, agents that any and all costs and expenses incurred for roof maintenance, repair or licensees replacement due to or as a result of any roof cuts, punctures or penetrations of any kind by Lessee including, without limitation, arising from or related to the installation or maintenance of HVAC or cooling equipment placed on the roof by the Lessee shall be paid in full borne by the Tenant. Provided further, notwithstanding anything to the contrary herein contained, the Tenant shall make all repairs and replacements to the Leased Premises made necessary by reason of burglary or attempted burglaryLessee. (c) It is understood that the Tenant will organize maintenance for the grounds and maintenance to keep all sidewalks, roadways and parking areas bordering on the Building free of ice and snow and the grass, if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are to be approved by the Landlord in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the Landlord.

Appears in 1 contract

Samples: Lease Agreement (Abiomed Inc)

Maintenance of Premises. The Tenant shall at all times during the Term of Except as otherwise specifically provided in this Lease, Landlord is not required to furnish any services or facilities, or to make any repairs or Alterations, in, about or to the Premises or the Property. Except as specifically described in Section 7.1 and Articles 11 and 12, Tenant assumes the full and sole responsibility for the condition, operation, repair, maintenance and management of the Premises. Except as specifically described in Section 7.1 and Articles 11 and 12, Tenant, at its Tenant’s sole cost and expense, well, properly will keep and sufficiently repair, maintain and keep the Leased Premises with the appurtenances (including, without restricting the generality but not limited to, all non-structural interior portions, systems and equipment; interior surfaces of the foregoingexterior walls; interior moldings, signs partitions and inside ceilings; and outside plate glass windows interior electrical, lighting and doors, including all overhead or exterior doors to be installedplumbing fixtures) in good order, condition and substantial repair and shall repair, maintain and replace all fixtures and things which at any time during the Term of this Lease are located or erected in or upon the Lease Premises, such repair, maintenance and replacement to be made by the Tenant when, where and so often as need shall be, except for: (a) repairs required to be made by the Landlord pursuant to the provisions of Clause 4.01 hereof; and (b) reasonable wear and tear; Unless such excepted repairs are necessitated tear and damage from insured casualties excepted. Tenant will keep the Premises in a neat and sanitary condition and will not commit any nuisance or waste in, on or about the Premises or the Property. Tenant is solely responsible for and, to the fullest extent allowable under the Laws, releases and, except to the extent caused by the acts negligence or omissions willful misconduct of any of the Landlord Parties, Tenant will indemnify, protect and defend Landlord against (with counsel reasonably acceptable to Landlord) and hold Landlord harmless from, the cost of repairing, and any Claims resulting from, any penetrations or perforations of the roof or exterior walls of the Building Tenant causes. Tenant will maintain the Premises in a first-class and fully operative condition. Tenant, its ’s repairs will be at least equal in quality and workmanship to the original work and Tenant will make the repairs and perform maintenance in accordance with all Laws. Tenant and Tenant’s agents, employeessubcontractors and vendors shall have the right of access to the roof, invitees or licensees. The cost of any repair or replacement required to be made shaft and mechanical areas of the Leased Premises as a result Building to install, maintain, monitor, remove and/or replace any of any act or omission of Tenant’s equipment, subject to and in accordance with the Tenant, its employees, servants, agents or licensees shall be paid conditions and limitations set forth in full by the Tenant. Provided further, notwithstanding anything to the contrary herein contained, the Tenant shall make all repairs and replacements to the Leased Premises made necessary by reason of burglary or attempted burglarythis Lease. (c) It is understood that the Tenant will organize maintenance for the grounds and maintenance to keep all sidewalks, roadways and parking areas bordering on the Building free of ice and snow and the grass, if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are to be approved by the Landlord in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the Landlord.

Appears in 1 contract

Samples: Multi Tenant Office Lease Agreement (Paylocity Holding Corp)

Maintenance of Premises. The Tenant Licensee shall at all times during (a) keep and maintain the Term Premises and any Licensor’s Fixtures and Personal Property in the Premises in properly functioning, safe, orderly and sanitary condition, ordinary wear and tear excepted, and (b) permit no physical waste of this Lease, at its sole cost or damage to the Premises or any Licensor’s Fixtures and expense, well, properly and sufficiently repair, maintain and keep Personal Property in the Leased Premises with the appurtenances (including, without restricting the generality of Premises. Notwithstanding the foregoing, signs Licensee shall not be obligated to keep any of Licensor’s Fixtures and inside Personal Property in Premises in a condition better than the conditions of such Licensor’s Fixtures and outside plate glass windows and doorsPersonal Property in Premises as of the Closing Date or to make any structural repairs or repair damage when caused by damage from the elements, including all overhead fire or exterior doors to be installed) in good and substantial repair and shall repair, maintain and replace all fixtures and things which at any time during the Term of this Lease are located or erected in or upon the Lease Premises, such repair, maintenance and replacement to be made by the Tenant when, where and so often as need shall be, except for: (a) repairs required to be made by the Landlord pursuant other casualty to the provisions Premises or from the negligence or wrongful acts of Clause 4.01 hereof; and (b) reasonable wear and tear; Unless such excepted repairs are necessitated by the acts Licensor or omissions of the Tenanta landlord, its or their respective agents, employees, invitees or licensees. The cost of any repair or replacement required to be made of the Leased Premises as a result of any act or omission of the Tenant, its employees, servants, agents sublessees or licensees (other than Licensee). Licensee shall not be paid liable for any loss of, or damage to, any Licensor’s Fixtures and Personal Property in full Premises caused by the Tenantany condemnation or casualty. Provided further, notwithstanding anything Subject to the contrary herein containedforegoing, the Tenant Licensor shall make perform all repairs and replacements to the Leased Premises made maintenance as are necessary by reason of burglary or attempted burglary. (c) It is understood that the Tenant will organize maintenance for the grounds and maintenance to keep all sidewalks, roadways and parking areas bordering on the Building free of ice and snow and the grassall building systems (HVAC, if anyplumbing, fronting the Buildingstructural systems, cut and properly cared forroof, etc.) in good operating condition. All contracts for this maintenance are to be approved by the Landlord in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the LandlordLICENSOR SPECIFICALLY DISCLAIMS ANY OBLIGATION TO REPAIR, MAINTAIN, CALIBRATE, ADJUST OR TEST ANY EQUIPMENT THAT IS LOCATED WITHIN THE PREMISES, BUT IS OWNED BY THE LICENSEE (INCLUDING, BUT NOT LIMITED TO PERSONAL PROPERTY, TRADE FIXTURES OR EQUIPMENT THAT TRANSFERRED TO LICENSEE/BUYER PURSUANT TO THE SEPARATION AND MERGER AGREEMENTS).

Appears in 1 contract

Samples: Master Real Estate License Agreement (Neogen Corp)

Maintenance of Premises. 8.1 The Tenant TENANT shall be obliged, at all times during times, to maintain the Term property, its contents, fixtures and fittings in the same condition as they were at the inception of the lease agreement and shall return same to the LANDLORD in this condition at the termination of the lease, fair wear and tear excepted. 8.2 The LANDLORD shall keep and maintain all external walls, roof, plumbing (including any applicable flushing mechanism of all toilets on the premises), electrical fixtures and other structural parts of the property in good order and repair. 8.2.1 Should the condition of the external walls, roof or other structural parts of the property result in leakage or danger to the TENANT, then it shall be the obligation and duty of the TENANT to advise the LANDLORD of this Leasein writing. 8.3 In the event of any maintenance and repairs to the property to be effected as above, at its sole cost the LANDLORD hereby authorises Xxxxxx Rentals to obtain two quotations and expensesubmit same to the LANDLORD for approval which approval shall be given within 7 (seven) days of submission. Upon acceptance by the LANDLORD, well, properly and sufficiently repair, maintain and keep the Leased Premises Xxxxxx Rentals will proceed with the appurtenances (includingrepairs and upon completion, without restricting submit the generality invoice to the LANDLORD for direct payment to the suppliers. 8.4 Should the LANDLORD fail to accept one of the foregoingquotations within 7 (seven) days as stated, signs Xxxxxx Rentals is authorised to immediately accept the lowest quotation on behalf of the LANDLORD and inside and outside plate glass windows and doors, including all overhead or exterior doors proceed with the necessary repairs at the LANDLORD’s expense. 8.5 In the case of emergency repairs the LANDLORD hereby authorises Xxxxxx Rentals to have the repairs done at 8.6 The TENANT’s liability shall include but not be installed) in good and substantial limited to the repair and replacement of any damaged door handles, locks, keys, glass, mirrors, burnt out light bulbs, blown light bulbs, missing light bulbs, window fasteners, and water taps. Further, the TENANT shall repair, maintain take good care of all paintwork and replace all fixtures fitted carpets and things which at any time during with the Term exception of this Lease are located or erected in or upon the Lease Premises, such repair, maintenance and replacement to be made by the Tenant when, where and so often as need shall be, except for: (a) repairs required to be made by the Landlord pursuant to the provisions of Clause 4.01 hereof; and (b) reasonable fair wear and tear; Unless such excepted repairs are necessitated , shall be liable for the removal of all stains and marks found thereon during inspection by the acts LANDLORD or omissions of the Tenant, its agents, employees, invitees or licenseeshis appointed agent. The cost TENANT further undertakes to keep the premises clean and tidy and free from all rubbish. 8.7 The TENANT shall not knowingly or negligently cause or allow to be caused any obstruction or blockage or any failure of any repair sewerage pipe, water pipe, drains, gutters or replacement required to be made of other supply equipment and installations serving the Leased Premises premises and shall remove at the TENANT’s own cost any obstruction or blockage which occurs in such pipes or drain as a result of any act the TENANT’s actions or omission the actions of those he is responsible for. The TENANT shall, where necessary, have, at his own cost, such sewer, pipe or drain repaired or replaced, as the case might be. 8.8 In the event of the TenantTENANT not maintaining the reasonable standard of the premises, its employeesgarden and swimming pool, servantsthe LANDLORD or his appointed agent shall give the TENANT 7 (seven) days written notice to effect the necessary repairs, agents failing which the LANDLORD reserves the right to effect such repairs on the TENANT’s behalf, payment of which will be for the TENANT’s account. Payment must be effected by the TENANT to the suppliers within 7 (seven) days of invoicing or licensees directly to the LANDLORD or his appointed agent within 7 (seven) days of being provided with proof of payment. 8.9 Should the LANDLORD or his appointed agent in his sole discretion decide that the TENANT continues to fail to maintain the reasonable standard of the premises, garden and swimming pool, such failure to maintain shall be deemed to be a material breach of this agreement. As an alternative to invoking the terms of clause 16, the LANDLORD shall be entitled to appoint a professional service to maintain such premises, garden and/or swimming pool, and the monthly charge of this service shall be recoverable from the TENANT on demand, and thereafter, shall be paid in full by the TenantTENANT monthly, in advance, along with and in the same manner as the rental. Provided further* delete whichever is not applicable and initial deletion 8.10 The LANDLORD agrees to maintain the swimming pool pump and to effect any necessary repairs, notwithstanding anything unless it can be proved that the damages were caused by the TENANT. The LANDLORD shall supply all pool cleaning equipment, excluding chemicals. 8.11 The TENANT takes note that the swimming pool area may not have safety features restricting access to the contrary herein containedarea; the TENANT therefore guarantees to make his own arrangements to restrict access thereto, following any and all applicable rules and legislation not contained herein. 8.12 The TENANT shall keep the Tenant shall make all repairs electric fence and replacements gates to the Leased Premises made necessary leased premises in proper and good working order and free from interference by reason of burglary foreign objects or attempted burglaryvegetation. (c) It 8.13 If the leased premises is understood that in a security complex the Tenant will organize maintenance LANDLORD shall be liable to supply to the TENANT, on request and at the LANDLORD’s cost, a replacement remote access control, unless said damage or loss was caused by the TENANT in which instance it shall be supplied by the LANDLORD for the grounds and maintenance to keep all sidewalks, roadways and parking areas bordering on the Building free of ice and snow and the grass, if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are to be approved by the Landlord in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the LandlordTENANT’s account.

Appears in 1 contract

Samples: Lease Agreement

Maintenance of Premises. The Tenant (a) Lessee shall, at Lessee’s sole cost, keep, maintain, clean, repair, and preserve the Premises and appurtenances and every part thereof (other than elements of the Premises to be maintained or repaired by Lessor, subject to Lessee reimbursement, if applicable, as set forth below), including but not limited to, glass and glazing, plumbing and electrical systems, fire sprinkler system and services, surveillance system and services, and all components of the interior of the Premises in good order, condition, and repair, and in the event Lessee fails to keep and maintain any part of the Premises as required hereunder to Lessor’s reasonable maintenance standards, then unless Lessee commences to cure such breach within ten (10) days after Lessor’s notice to Lessee to cure such breach and thereafter diligently prosecutes such cure, Lessor may make such repairs or do such maintenance at Lessee’s expense and Lessee shall pay the cost thereof as additional rent. All cleaning and janitorial services, including regular removal of trash and debris, for the Premises shall be performed and obtained, at all times during Lessee’s sole cost and expense, exclusively by or through Lessee or Lessee’s janitorial contractors. Lessor shall maintain Common Areas in accordance with paragraph 9(e). (b) Lessor shall, at Lessor’s cost and expense, maintain the Term structural integrity of this Leasethe exterior walls, and structural portions of the roof, foundations and floors, except that Lessee shall pay, as additional rent, the cost of any repairs or replacements thereto necessitated by the negligence or willful misconduct of the Lessee or Lessee’s agents or employees. (c) Lessee shall, at its sole cost and expense, wellenter into maintenance/service contracts to perform roof-cleaning, properly and sufficiently repairregularly scheduled (but no less than quarterly) preventative maintenance and repair of all hot water, maintain and keep all heating, ventilation and air conditioning systems and equipment (“HVAC”) within the Leased Premises with Premises, or which serve the appurtenances (Premises, including, without restricting limitation, any rooftop HVAC units, distribution lines and internal venting, ducting and control systems. (d) Lessor shall, at Lessor’s expense (but subject to reimbursement by Lessee as provided below), if necessary because no longer usable (meaning voluntary and elective replacement is excluded), replace the generality roof covering, HVAC system, and fire sprinkler system (if any)(“Lessor’s Replacement Costs”) during the Term. For the avoidance of doubt, replacement of the foregoingroof covering or HVAC system as a result of such items being at the end of their useful life, signs and inside and outside plate glass windows and doors, including all overhead but without any material damage thereto or exterior doors failure thereof shall be deemed to be installedan elective replacement for which no reimbursement by Lessee is required. Lessee shall reimburse Lessor for such non-elective Lessor’s Replacement Costs as Additional Rent, provided that such costs shall be amortized over the reasonable useful life of the capital improvement (as determined in accordance with generally accepted accounting principles, consistently applied, and sound management practices), and the monthly amortization amounts, together with interest on the unamortized amount at an annual rate of interest equal to the sum of the “prime rate” charged on business loans by Wxxxx Fargo Bank, N.A. Lessee shall have no obligation to pay for any portion of Lessor’s Replacements Costs to the extent they are elective or triggered by any Alterations performed by Lessor. The foregoing notwithstanding, Lessee shall reimburse Lessor as Additional Rent, within thirty (30) in good and substantial repair and shall repairdays after receipt of a detailed invoice from Lessor, maintain and replace all fixtures and things which at any time one hundred percent (100%) of Lessor’s Replacement Costs if the replacement is required as a direct result of Lessee’s misuse or by Alterations performed by Lessee during the Term of the Lease. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford the Lessee the right to make repairs at Lessor’s expense or to terminate this Lease are located because of Lessor’s failure to keep the Premises in good order, condition or erected in or upon the Lease Premises, such repair, maintenance and replacement to be made by the Tenant when, where and so often as need shall be, except for: (a) repairs required to be made by the Landlord pursuant to the provisions of Clause 4.01 hereof; and (b) reasonable wear and tear; Unless such excepted repairs are necessitated by the acts or omissions of the Tenant, its agents, employees, invitees or licensees. The cost of any repair or replacement required to be made of the Leased Premises as a result of any act or omission of the Tenant, its employees, servants, agents or licensees shall be paid in full by the Tenant. Provided further, notwithstanding anything to the contrary herein contained, the Tenant shall make all repairs and replacements to the Leased Premises made necessary by reason of burglary or attempted burglary. (ce) It is understood In addition to the Base Monthly Rent, commencing on the Commencement Date, Lessee shall pay in monthly installments as additional rent an amount equal to Lessee’s Share of the Common Area Expenses. The term “Common Area Expenses” means all reasonable direct costs and expenses paid or incurred by Lessor during the Term in managing, maintaining, repairing, replacing and operating the parking spaces, walkways and driveways, patios, soccer field, landscaping, exterior lighting and exterior paint, and other common areas of the Project consistent with standards prevailing for office projects, and, in addition, any third party management fee charged to Lessor for or in connection with management, supervision, administration, of the Project to the extent that the Tenant will organize maintenance for aggregate of such fee or charge does not exceed three percent (3%) of the grounds and maintenance to keep all sidewalks, roadways and parking areas bordering on the Building free of ice and snow and the grass, if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are to be approved by the Landlord in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the LandlordBase Monthly Rent.

Appears in 1 contract

Samples: Triple Net Lease (Exar Corp)

Maintenance of Premises. The Tenant shall at all times during the Term of this LeaseLessee shall, at its Lessee's sole cost, keep and maintain the Premises and appurtenances and every part thereof, including but not limited to, glazing, sidewalks, plumbing, and electrical systems, any store front, exterior paint and all components of the interior of the Premises in good order, condition, and repair. Lessor shall, at Lessor's sole cost and expense, wellmaintain the structural integrity of the exterior walls, properly and sufficiently repairstructural portions of the roof, maintain foundations and keep floors, except that Lessee shall pay, as additional rent, the Leased Premises with cost of any repairs or replacements necessitated by the appurtenances negligence or wrongful act of the Lessee or Lessee's agents or employees. Lessor shall, at Lessee's sole cost and expense, maintain, repair and (includingif necessary in the judgment of Lessor's experts) replace the roof covering, HVAC system, landscaping and parking lot surface ("Lessor's Maintenance Services") during the term of this Lease, as may be extended. Lessee shall reimburse Lessor as Additional Rent the cost incurred by Lessor in performing Lessor's Maintenance Services, without restricting the generality xxxx-up, within thirty (30) days after receipt of invoice from Lessor; provided, however, that (except where replacement of the foregoingparking lot surface, signs and inside and outside plate glass windows and doorslandscaping, including all overhead roof or exterior doors to be installed) in good and substantial repair and shall repair, maintain and replace all fixtures and things which at any time during the Term of this Lease are located or erected in or upon the Lease Premises, such repair, maintenance and replacement to be made by the Tenant when, where and so often as need shall be, except for: (a) repairs required to be made by the Landlord pursuant to the provisions of Clause 4.01 hereof; and (b) reasonable wear and tear; Unless such excepted repairs HVAC components are necessitated by the acts or omissions of the Tenant, its agents, Lessee or Lessee's agents or employees, invitees or licenseesin which event Lessee shall pay the costs thereof in a lump sum on demand), costs of replacement (as opposed to repair) of the foregoing shall be amortized over the useful life thereof, in accordance with generally accepted accounting principles, and Lessee shall pay Lessor as Additional Rent a monthly payment equal to the monthly amortization, together with interest on the unamortized amount at an annual rate of ten percent (10%). The cost Lessee expressly waives the benefits of any repair statute now or replacement required hereafter in effect which would otherwise afford the Lessee the right to be made make repairs at Lessor's expense or to terminate this Lease because of the Leased Premises as a result of any act or omission of the Tenant, its employees, servants, agents or licensees shall be paid in full by the Tenant. Provided further, notwithstanding anything to the contrary herein contained, the Tenant shall make all repairs and replacements to the Leased Premises made necessary by reason of burglary or attempted burglary. (c) It is understood that the Tenant will organize maintenance for the grounds and maintenance Lessor's failure to keep all sidewalksthe Premises in good order, roadways and parking areas bordering on the Building free of ice and snow and the grass, if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are to be approved by the Landlord in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the Landlordcondition or repair.

Appears in 1 contract

Samples: Building Lease Agreement (Drexler Technology Corp)

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Maintenance of Premises. (a) The Tenant shall at all times during the Term of this Lease, Lessee agrees at its sole cost and expense, wellto maintain the Premises in the same condition in which they exist as of the Commencement Date, properly as improved by the Lessor or the Lessee, including the maintenance, repair and sufficiently repairreplacement (subject to Section 11(b) and Exhibit B) of all mechanical, maintain electrical, HVAC, plumbing, life safety and keep other building systems within the Leased Premises with serving the appurtenances (includingPremises, in good condition reasonable wear and tear, damage by fire and other casualty and condemnation only excepted, which maintenance shall require, without restricting limiting the generality of the foregoing, signs and inside and outside that all maintenance of the HVAC equipment (including but not limited to the equipment listed on Exhibit B) be performed by a qualified HVAC contractor on a periodic basis but not less frequently than annually. Additionally, Lessee shall, whenever necessary, replace plate glass windows and doorsother glass thereon. The Lessee shall not permit, including all overhead or exterior doors to the extent within the reasonable control of Lessee, the Premises to be installedoverloaded, damaged, stripped, or defaced, nor suffer any waste. Lessee will maintain an adequate and systematic program to ensure that the Premises are maintained free of rodent and vermin infestation. Lessee shall cause garbage and refuse to be removed from the Premises at Lessee’s sole expense. Notwithstanding the foregoing provisions to the contrary, Lessee shall not be responsible for any damages or repairs resulting from the willful acts or negligence of Lessor and Lessee shall not be required to make any repairs or pay for any damages which is covered by insurance maintained by Lessor. Notwithstanding the foregoing, if any building system other than (i) a system installed by the Lessee to support its specific operations or (ii) HVAC equipment included in Exhibit B which is covered under Section 11(b) below, requires replacement during the last two years of the Original Term or during the last two years of an Extended Term, and the Term is not extended beyond the Original Term or such Extended Term by the Lessee pursuant to Section 34, the Lessee shall be responsible for the cost of such replacement multiplied by a fraction, the numerator of which shall be the number of whole months left in the Original Term or such Extended Term as of the completion of such replacement and the denominator of which shall be the number of months of such replacement system’s useful life, and the Lessor shall reimburse the Lessee for the balance of the cost of such replacement. The Lessor shall reimburse the Lessee such balance within thirty (30) days after the later of (i) the completion of such system replacement and (ii) the expiration without exercise of the Extension Option that follows the determination of the need for such system replacement or, in the event the Lessee has already exercised its third Extension Option, within thirty (30) days after the completion of such system replacement. Any dispute relating to this paragraph shall be resolved by binding arbitration conducted in accordance with the rules of the American Arbitration Association before an arbitrator with construction dispute experience mutually selected by the parties. If the parties cannot mutually agree on an arbitrator, each shall select an arbitrator with construction dispute experience and such arbitrators shall select a third arbitrator with construction dispute experience to conduct the arbitration. Each party shall bear its own arbitration costs and shall equally share the cost of the arbitrator. (b) Pursuant to the Existing Lease, the Lessor replaced the HVAC equipment identified on Exhibit B hereto (Exhibit C of the Existing Lease). So long as the Lessee has met its maintenance obligations under Section 11(a), if any of such equipment needs to be replaced during the Original Term (as defined below) or, if applicable Extended Term(s) (as defined below) of this Lease, the Lessor will do so at its expense. Subject to the succeeding sentences, the Lessor agrees to maintain in good condition (reasonable wear and substantial tear, damage by fire and other casualty only excepted), repair and replace at Lessor’s expense the structural portions of the Building, including, without limitation, the foundation, footers, slabs, weight bearing walls and columns and the roof of which the Premises are a part, unless such maintenance, repair or replacement is required as a result of any act, omission or neglect of the Lessee or those for whose conduct the Lessee is legally responsible but subject to Section 24 with respect to insured losses. Lessor shall repairnot charge Lessee any sum for any cost expended by Lessor pursuant to this Section 11(b) either directly or in the form of Additional Rent, maintain provided, however, that any and replace all fixtures costs and things which at expenses incurred for roof maintenance, repair or replacement due to or as a result of any time during roof cuts, punctures or penetrations of any kind by Lessee including, without limitation, arising from or related to the Term installation or maintenance of this Lease are located HVAC or erected in cooling equipment placed on the roof by the Lessee shall be borne by the Lessee. All available manufacturers’ warranties shall be provided by Lessor to Lessee. Lessee shall promptly give Lessor notice of any required maintenance, repair or upon the Lease Premises, such repair, maintenance and replacement that is required to be made performed by Lessor under this Section 11(b) after Lessee first learns thereof, to the Tenant when, where extent that such defects are reasonably observable by Lessee. If Lessor fails within ten (10) days after receipt of notice to commence and so often as need shall be, except for: (a) to proceed thereafter with due diligence to make repairs required to be made by the Landlord Lessor pursuant to this Section 11(b), such repairs may be performed by Lessee, at the provisions expense of Clause 4.01 hereof; and (b) Lessor, and Lessee shall deduct the reasonable wear and tear; Unless costs of such excepted repairs are necessitated by the acts or omissions from its payment of Base Rent to Lessor. Lessee’s failure to give such notice to Lessor shall not relieve Lessor of any obligation to make repairs which Lessor shall have pursuant to this Section 11(b), provided that Lessor shall have actual knowledge of the Tenant, its agents, employees, invitees or licensees. The cost of any repair or replacement required need to be made of the Leased Premises as a result of any act or omission of the Tenant, its employees, servants, agents or licensees shall be paid in full by the Tenant. Provided further, notwithstanding anything to the contrary herein contained, the Tenant shall make all repairs and replacements to the Leased Premises made necessary by reason of burglary or attempted burglarysuch repairs. (c) It is understood that the Tenant will organize maintenance for the grounds and maintenance to keep all sidewalks, roadways and parking areas bordering on the Building free of ice and snow and the grass, if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are to be approved by the Landlord in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the Landlord.

Appears in 1 contract

Samples: Lease Agreement (Abiomed Inc)

Maintenance of Premises. The Tenant shall at all times shall, during the Term of this LeaseTerm, at its sole cost and expense, wellkeep in good repair and maintain the entire Premises in good, properly clean working order, condition and sufficiently repair, maintain and keep the Leased Premises with the appurtenances (including, without restricting limitation, the generality structural portions of the building and improvements thereon, the interior and exterior thereof, the roof, plate glass, wiring, plumbing, heat and air conditioning units, parking and service areas, landscaping, elevator and the approaches thereto and appurtenances thereof, including all adjacent sidewalks and alleys; provided, however, prior to March 31, 2012, Landlord shall continue to be obligated to keep in good repair and maintain the roof in accordance with the terms and provisions of Sections 7.2 and 7.3 of the Prior Lease. Tenant's obligation to maintain the Premises shall specifically include, without limitation, the obligation to make any and all repairs and to repaint and/or re-stain all painted areas as reasonably required by Landlord. Tenant acknowledges that Tenant’s maintenance and repair obligations hereunder shall include replacement of carpet, paint and wallpaper at the expiration of their useful life if replacement has not previously been required hereunder. Notwithstanding the foregoing, signs and inside and outside plate glass windows and doorsall carpet in the Premises shall have been replaced within the last 5 years prior to the termination of this Lease, including all overhead or exterior doors to be installed) in good and substantial repair and shall repair, maintain and replace all fixtures and things which at any time during whether by expiration of the Term of this Lease are located or erected otherwise. Landlord shall not have any responsibility to maintain the Premises or any part thereof, whether structural or non-structural, interior or exterior. Notwithstanding the foregoing, Landlord shall have the right, in or upon its sole and absolute discretion, to inspect the Lease Premises, such repairand Landlord may, in its sole and absolute discretion, perform (or cause Tenant to perform) maintenance and replacement repair of the Premises. Tenant shall reimburse Landlord for any and all such maintenance and repair performed by Landlord within three (3) business days of written notice from Landlord to be made Tenant. Tenant hereby waives all rights under any applicable law, rule or ordinance that provides or allows for Tenant=s right to make repairs and deduct the cost of such repairs from the Monthly Rent or any other Payment due and payable by Tenant hereunder. Landlord reserves and retains the Tenant when, where right to lease the roof and so often as need shall be, except for: exterior portions of the Premises (atogether with any and all easements for access thereto) repairs required to be made by the Landlord (provided such lease does not materially interfere with Tenant’s signage rights pursuant to Section 24.2) to third parties for the provisions installation of Clause 4.01 hereof; and (b) reasonable wear satellite dishes, antenna, billboards, among other things and tear; Unless such excepted repairs are necessitated by the acts or omissions Tenant shall not be entitled to any abatement of Monthly Rent and/or any portion of the Tenantrevenue from such leases; provided, its agentsTenant shall have the right to reasonably approve: (i) the type of materials and method of attachment, employees, invitees or licensees. The cost (ii) the cosmetic impact of any repair or replacement required to be made attachment such that it will not negatively impact the marketability of the Leased Premises as a result of any act Premises, and (iii) the content, so that no disreputable or omission of the Tenantcompetitive advertisements are installed. Furthermore, its employees, servants, agents or licensees Landlord shall be paid in full responsible for any damage and any ongoing required maintenance directly caused by the Tenant. Provided further, notwithstanding anything to the contrary herein contained, the Tenant shall make all repairs and replacements to the Leased Premises made necessary by reason of burglary or attempted burglarysuch installation. (c) It is understood that the Tenant will organize maintenance for the grounds and maintenance to keep all sidewalks, roadways and parking areas bordering on the Building free of ice and snow and the grass, if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are to be approved by the Landlord in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the Landlord.

Appears in 1 contract

Samples: Lease Agreement (Emeritus Corp\wa\)

Maintenance of Premises. The Tenant shall at all times during the Term of this Lease13.1 Lessee shall, at its sole cost and expense, wellmaintain the Premises in good order and condition, properly reasonable wear and sufficiently repairtear excepted. After the expiration of the Option Period, maintain if this Lease remains in effect and keep if Lessee has not exercised the Leased Purchase Option, Lessee shall paint the concrete floors and corridors of the building on the Premises at such times as are necessary in Lessee’s commercially reasonable judgment and prior to the surrender of the Premises to Lessor at the end of the Term (as opposed to any earlier termination of this Lease, other than in connection with a default by Lessee hereunder, or following the exercise of the Purchase Option) with aquapon paint for concrete floors and enamel paint as existing on corridor panels. 13.2 At the expiration of the Term (except in connection with the appurtenances closing pursuant to the Purchase Option), or upon any earlier termination of this Lease, Lessee shall surrender the Premises in good condition, reasonable wear and tear excepted. Before surrendering the Premises, Lessee shall (includingi) remove all of its signage, personalty and inventory from the Premises and otherwise comply with its obligations under Section 3.8 of the Lease, and to the extent that such signage, personalty and/or inventory has not been removed from the Premises Lessor may remove the same, (ii) transfer to Lessor the local telephone numbers and fax numbers currently used at and for the Premises, and cooperate with Lessor in order to effectuate an uninterrupted transfer of utility services to Lessor as of the surrender date, provided that no Power Purchase Agreements shall be transferred to Lessor without restricting Lessor’s express prior written consent, (iii) remove all references to the generality Premises from any existing internet website of Lessee, (iv) continue to operate the Premises as a self -storage facility in the ordinary course of commercially reasonable business consistent with past practice and transfer to Lessor the customer lists and related information respecting the tenants of the Premises and (v) distribute to tenants a letter regarding a change of ownership as and when requested by Lessor. Lessee shall pay all Sales Taxes that Lessee should have been collecting and remitting pursuant to law from and after the Commencement Date through the Term or earlier termination of this Lease and hereby indemnifies, defends and holds Lessor harmless from and against, and Lessee shall reimburse Lessor for, any and all claims, liabilities, losses, damages and expenses (including interest, penalties, attorneys’ fees, court costs and costs of appeal) arising out of the failure by Lessee to pay such Sales Taxes. Lessee will turn over to Lessor all security deposits and prepaid rents under the Leases which have been paid as of the surrender date, however, to the extent that any security deposits have been returned to tenants, Lessor shall not receive a credit therefor so long as Lessee furnishes Lessor with proof that such tenants received all such refunded security deposits. Any rental payments which have come due, but are not paid, by the surrender date shall belong to Lessor and may be collected by Lessor from the tenants after the surrender date. Lessee shall prepare a schedule of delinquent and prepaid rentals, and security deposits, as of the surrender date. All such delinquent rents collected by Lessor after the surrender date may be retained by Lessor. Lessee shall not collect any rent or other sums after the surrender date, and any such rent or other sums received shall be promptly delivered to Lessor. The proration of real estate taxes and assessments shall be based upon the current tax fiscal year for the Premises unless the custom and practice for real estate transactions in the county where the Premises is located is otherwise, whereupon the custom and practice will be employed. Provided Lessee is not in default on the surrender date, there shall be a readjustment and “true up” after the surrender date if necessary to effectuate the requirements of this Section 13.2. Lessee’s obligation to observe and perform Lessee’s covenants and obligations under Sections 13.1 and 13.2 shall survive the expiration of the Term or earlier termination of this Lease. 13.3 Lessee shall not commit any waste, damage or any injury to the Premises or any part thereof, and shall take all reasonable precautions and actions to prevent others from committing any of the foregoing. 13.4 During the Term, signs Lessor shall have the right to enter the Premises at all reasonable times during normal business hours to examine or inspect the same and inside and outside plate glass windows and doors, including all overhead or exterior doors to be installed) make any repairs to the Premises that Lessee failed to make in good and substantial repair and shall repair, maintain and replace all fixtures and things which at any time during the Term of accordance with this Lease are located (after first giving Lessee written notice of such necessary repairs and a reasonable opportunity to make such repairs except in the event of emergency); provided, however, that any person or erected entity related to or affiliated with Lessor who leases a unit may enter such unit in or accordance with the terms of its unit lease agreement. During the last twelve (12) months of the Term, Lessor may show the Premises to prospective tenants and purchasers during normal business hours. Lessor, in its capacity as Lessor, shall not enter the Premises without first furnishing Lessee at least twenty-four (24) hours prior notice, except in the case of emergency when no notice shall be required. In no event shall Lessor interfere with the conduct of Lessee’s business, except as may be necessary in the case of emergency. Lessee shall have the right to accompany Lessor during any entry by Lessor upon the Lease Premises, such repair, maintenance and replacement . Lessor shall not have access to be made by the Tenant when, where and so often as need shall be, except for: (a) repairs required to be made by the Landlord pursuant to the provisions of Clause 4.01 hereof; and (b) reasonable wear and tear; Unless such excepted repairs are necessitated by the acts or omissions any of the Tenant, its agents, employees, invitees tenants’ units or licenseesany of Lessee’s confidential or proprietary materials or information. The cost of any repair or replacement required to be made of the Leased Premises as a result of Lessee will not do any act or omission suffer any act to be done which will in any way encumber the fee title of Lessor in and to the TenantPremises or in any way subject the Premises to any claim by way of lien or encumbrance, its employeeswhether by operation of law or by virtue of any express or implied contract by Lessee. If any mechanic’s, servantsmaterialmen’s, agents vendor’s, laborer’s or licensees other lien, shall be paid filed against the Premises or against Lessor arising out of labor or materials used in full by the Tenant. Provided furtherconstruction or alteration of, notwithstanding anything to the contrary herein containedor installed in, the Tenant shall make all repairs and replacements to the Leased Premises made necessary by reason of burglary any building or attempted burglary. (c) It is understood that the Tenant will organize maintenance for the grounds and maintenance to keep all sidewalks, roadways and parking areas bordering improvement on the Building free of ice Premises by Lessee (whether or not such lien is valid or enforceable as such), Lessee shall, at its sole cost and snow and expense, cause the grass, if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are same to be approved cancelled, discharged or removed of record by the Landlord in writing and the Tenant will be charged back their proportionate share filing a bond, by payment into court, by satisfaction or otherwise within thirty (30) days after Lessee receives written notice of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the Landlordfiling thereof.

Appears in 1 contract

Samples: Lease Agreement (Sovran Self Storage Inc)

Maintenance of Premises. The Section 16.01 Landlord shall repair and maintain in good order and condition, ordinary wear and tear excepted, the structural portions of the Building (i.e., foundation, load bearing walls, exterior walls, and roof) and the Common Areas. Landlord also agrees to repair and maintain in good order and condition, ordinary wear and tear excepted, the HVAC Units comprising a part of the Landlord Improvements, 100% of the increase in the costs in excess of the costs incurred by Landlord during the calendar year 2007 of which shall be paid by Tenant. Notwithstanding the foregoing sentence, the aggregate amount required to be paid by Tenant in any one year for such maintenance and repair of the HVAC Units in excess of the payments made under any maintenance agreement (the “Maintenance Agreement Payments”) shall be Seven Thousand Five Hundred Dollars ($7,500.00) (the “HVAC Expense Cap”). Any amounts incurred in one year in excess of the HVAC Expense Cap shall be carried over to the next succeeding year or years until paid. In no event shall Tenant be required to pay more than the Maintenance Agreement Payments plus the HVAC Expense Cap in any one year for the HVAC maintenance and repairs. Tenant waives the provisions of any law, or any right Tenant may have under common law, permitting Tenant to make repairs at Landlord’s expense or to withhold Rent or terminate this Lease based on any alleged failure of Landlord to make repairs; provided, however, in the event Tenant obtains a judgment against Landlord for breach by Landlord of any of its obligations to make repairs and such judgment is not paid within thirty (30) days after entry, Tenant shall at have the right to offset the amount of such judgment against Rent as it becomes due so long as such amount, together with all times during the Term other amounts being offset against Rent under any provisions of this LeaseLease shall not exceed twenty-five percent (25%) of the Base Rent due for such month. Any excess will carry over to future months, at its subject to the cap, until fully recovered. Section 16.02 Except as provided in Section 16.01, Landlord shall have no maintenance obligation with respect to the Premises and no obligation to make any repairs, in, on, or to the Premises. Tenant assumes the full and sole cost and expenseresponsibility for the condition, welloperation, properly and sufficiently repair, replacement, maintenance, and management of the Premises including plumbing, electrical, mechanical and HVAC systems servicing the Premises (regardless of location), and all improvements, throughout the Term, except to the extent otherwise expressly set forth in Section 16.01. Tenant shall maintain and keep the Leased Premises with the appurtenances (including, without restricting limitation, all furniture, fixtures, equipment, and decorations) in good repair and in a clean, attractive, first-class condition. Without limiting the generality of the foregoing, signs Tenant agrees to repair, replace, and inside and outside plate glass windows and doors, including all overhead or exterior doors to be installed) maintain in good and substantial repair operational order and shall repair, maintain and replace all fixtures and things which at any time during condition the Term non-structural interior portions of this Lease are located or erected in or upon the Lease Premises, including interior doors, interior windows, plate and window glass, floor coverings, wall coverings, furniture, fixtures, equipment, and appliances and the electrical and mechanical systems not considered Building Project standard which have been installed for the exclusive use and benefit of Tenant such repair, maintenance as electrical services for computers or similar items and replacement security or telephone systems for the Premises. All replacements shall be of equal quality and class to the original items replaced. Tenant shall not commit or allow to be made by the Tenant when, where and so often as need shall be, except for: (a) repairs required to be made by the Landlord pursuant to the provisions of Clause 4.01 hereof; and (b) reasonable wear and tear; Unless such excepted repairs are necessitated by the acts or omissions committed any waste on any portion of the Tenant, its agents, employees, invitees or licensees. The cost of any repair or replacement required to be made of the Leased Premises as a result of any act or omission of the Tenant, its employees, servants, agents or licensees shall be paid in full by the Tenant. Provided further, notwithstanding anything to the contrary herein contained, the Tenant shall make all repairs and replacements to the Leased Premises made necessary by reason of burglary or attempted burglaryPremises. (c) It is understood that the Tenant will organize maintenance for the grounds and maintenance to keep all sidewalks, roadways and parking areas bordering on the Building free of ice and snow and the grass, if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are to be approved by the Landlord in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the Landlord.

Appears in 1 contract

Samples: Lease (Cara Therapeutics, Inc.)

Maintenance of Premises. The Tenant (a) Landlord shall at all times during the Term of this Leasebe responsible, at its sole cost and expense, well, properly and sufficiently repair, maintain and to keep the Leased Premises with the appurtenances (including, without restricting the generality exterior foundations and walls of the foregoing, signs and inside and outside plate glass windows and doors, including all overhead or exterior doors to be installed) Building in good order and substantial repair repair; provided that Tenant shall give Landlord reasonable notice of the need for such repair. Landlord shall be responsible, as an Operating Expense (except to the extent any of the following are excluded from the definition of Operating Expenses), to keep the roof, floors, sewage system, any other underground utilities, plumbing, electrical, heating and shall repairair conditioning systems, maintain all down spouts, gutters, sidewalks, the parking lot, driveways, all common interior portions of the Building and replace all common fixtures and things which at any time during the Term of this Lease are located or erected appurtenances therein in or upon the Lease Premises, such good order and repair, maintenance and replacement to be made by the Tenant when, where and so often as need shall be, except for: (a) repairs required to be made by the Landlord pursuant to the provisions of Clause 4.01 hereof; and. (b) reasonable wear Tenant shall, throughout the term, and tear; Unless such excepted repairs are necessitated by the acts or omissions at its sole cost and expense, take good care of the Tenant, its agents, employees, invitees Premises and the other improvements now or licensees. The cost of hereafter comprising all or any repair or replacement required to be made part of the Leased Premises as a result of Premises, the electrical systems and facilities located in the Premises, and the fixtures and appurtenances therein and maintain the same in good order and condition, and promptly at Tenant's own cost and expense make all repairs necessary to maintain such good order and condition, except for repairs which Landlord agrees to make pursuant to the previous paragraph. Tenant shall, at its sole cost and expense, repair and replace all damage or injury to the Premises, including any act or omission portion of the TenantPremises which Landlord is obligated to maintain pursuant to the previous paragraph of this Section 7, caused by (i) the negligence or willful conduct of Tenant or its employees, servantsagents, agents invitees, licensees, subtenants, or licensees shall be paid contractors, or (ii) as the result of all or any of them moving in full or out of the Premises or by the Tenant. Provided furtherinstallation or removal of furniture, notwithstanding anything to the contrary herein containedfixtures or other property, the Tenant shall make all which repairs and replacements shall be in quality and class equal to the Leased Premises original work or installations. If Tenant fails to make such repairs or replacements after fifteen (15) days' prior written notice from Landlord (with the exception of emergencies, which shall not require prior notice), the same may be made necessary by reason Landlord and such expense shall be collectible as Additional Rent and paid by Tenant within fifteen (15) days after rendition of burglary or attempted burglarya xxxx therefor. (c) It is understood that Landlord shall not be liable by reason of any injury to or interference with Tenant's business arising from the Tenant will organize maintenance for making of any repairs, alterations, additions or improvements in or to the grounds and maintenance Premises or to keep all sidewalksany appurtenances or equipment therein, roadways and parking areas bordering on except to the Building free of ice and snow and the grassextent such repairs, if anyetc., fronting the Building, cut and properly cared for. All contracts for this maintenance are to be approved necessitated by the Landlord negligence or willful act of Landlord, its agents, employees or contractors. Except as expressly provided in writing sections 10 and the Tenant will 11 hereof, there shall be charged back their proportionate share no abatement of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the Landlordrent because of such repairs, alterations, additions or improvements.

Appears in 1 contract

Samples: Lease Agreement (Madison Bancshares Group LTD)

Maintenance of Premises. The Tenant shall at all times during the Term of this Leasecovenants and agrees that it will (a) replace promptly, at its sole cost and expense, wellany cracked or broken plate or window glass of any building located on the Premises used by Tenant with like kind and quality; (b) maintain the Premises at its expense in a clean, properly orderly and sufficiently repairsanitary condition and free of insects, maintain rodents, vermin and other pests; (c) keep any garbage, trash, rubbish or refuse in suitable refuse containers and have such garbage, trash, rubbish and refuse removed at its expense on a regular basis; (d) keep all walkways, driveways and parking areas used by Tenant on the Leased Premises with free and clear of snow and ice, and in good repair at Tenant’s expense; (e) use the appurtenances (includingsanitary sewer system in a lawful and reasonable manner, without restricting and in no event cause blockage in the generality said sanitary sewer system, either in or outside of the foregoingPremises or (f) not cause or permit any nuisance to be conducted on the Premises; provided the conduct of the uses permitted by this Lease on the Premises shall not be deemed a nuisance. Tenant hereby covenants to keep all improvements, signs tanks and inside and outside plate glass windows and doorsfixtures that it is using on the Premises, including all overhead electrical, plumbing, and mechanical installations and equipment used by Tenant, in good order including, when necessary, the replacement of any said improvements, tanks, fixtures, installation or exterior doors equipment, or any part thereof, used exclusively by Tenant and located on the Premises, and to be installedsurrender the peaceful and quiet possession of the Premises at the end of said Term (or any renewal thereof) in good the condition required hereunder, except for ordinary wear of and substantial tear, Alterations permitted hereunder, and damage to the Premises by fire or other casualty; provided that Tenant hereby covenants to keep all improvements, tanks and fixtures that it is not using on the Premises in no worse than their current condition, and to surrender the peaceful and quiet possession of the Premises at the end of said Term (or any renewal thereof) in the same condition as received, except for ordinary wear of and tear, Alterations permitted hereunder, and damage to the Premises by fire or other casualty. Tenant will repair and shall repairpromptly, maintain and replace all fixtures and things which at its own expense, any time during damage to the Term of this Lease are located Premises caused by bringing onto the Premises any property or erected in equipment for Tenant’s use, or upon the Lease Premises, such repair, maintenance and replacement to be made by the Tenant wheninstallation, where and so often as need use or removal of such property or equipment, regardless of fault or by whom such damage shall be, except for: (a) repairs required to be made caused unless caused by the Landlord pursuant to the provisions of Clause 4.01 hereof; and (b) reasonable wear and tear; Unless such excepted repairs are necessitated by the acts or omissions of the TenantLandlord, its officers, directors, agents, employees, invitees contractors or licenseesinvitees. The cost If Tenant should default in the performance of any repair of its obligations under this Section 6.5, Landlord shall be entitled (but shall not be obligated), in addition to any other rights it may have in law or replacement required in equity, and after fifteen (15) days’ advance written notice to be made of the Leased Premises as a result of any act or omission of the Tenant, its employeesexcept in the case of an emergency, servantsto cure such default, agents and Tenant shall reimburse Landlord for any sums paid or licensees costs incurred by Landlord in curing such default, which sums, costs and interest shall be paid in full deemed Additional Rent and shall be payable by Tenant within ten (10) days of written demand therefor by Landlord (which obligation to reimburse Landlord shall survive the Tenant. Provided further, notwithstanding anything to the contrary herein contained, the Tenant shall make all repairs and replacements to the Leased Premises made necessary by reason expiration or earlier termination of burglary or attempted burglarythis Lease). (c) It is understood that the Tenant will organize maintenance for the grounds and maintenance to keep all sidewalks, roadways and parking areas bordering on the Building free of ice and snow and the grass, if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are to be approved by the Landlord in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the Landlord.

Appears in 1 contract

Samples: Lease Agreement (New Generation Biofuels Holdings, Inc)

Maintenance of Premises. The Tenant shall at all times during the Term of this Leaseshall, at its sole own cost and expense, wellkeep and maintain all parts of the Premises (except to the extent Landlord is expressly responsible therefor as provided in Paragraph 5) in good condition, properly promptly making all necessary repairs and sufficiently repairreplacements, maintain including but not limited to, windows, glass and keep plate glass, doors, any special entry, interior walls and finish work, floors and floor covering, heating and air conditioning systems, electrical systems, dock boards, truck doors, dock bumpers, dock seals, plumbing work and fixtures, termite and pest extermination, regular removal of trash and debris and keeping the Leased parking areas, driveways, alleys and the whole of the Premises in a clean and sanitary condition, and Tenant shall comply with the appurtenances ADA. Tenant shall not be obligated to repair any damage caused by fire, tornado or other casualty covered by the insurance to be maintained by Landlord pursuant to Paragraph 12(a), except that Tenant shall be obligated to repair all wind damage to glass unless caused by a tornado. Notwithstanding the foregoing to the contrary, in the event any window is defective on the date possession of the Premises is delivered to Tenant, Tenant shall not have the obligation to replace such window to the extent replacement is required by reason of that pre-existing defect; provided, all windows in the Premises shall be deemed in good condition (includingi.e., without restricting not defective), except to the generality extent that Tenant delivers to Landlord written notice within five (5) days following the Commencement Date specifically describing which windows and components thereof are defective as of the Commencement Date. Notwithstanding the foregoing, signs Tenant shall be and inside and outside plate glass remain responsible for any replacement of windows and doors, including all overhead required or exterior doors to be installed) in good and substantial repair and shall repair, maintain and replace all fixtures and things which at arising directly or indirectly by reason of any time during the Term negligent act or misuse of this Lease are located or erected in or upon the Lease Premises, such repair, maintenance and replacement to be made windows by the Tenant when, where and so often as need shall be, except for: (a) repairs required to be made by the Landlord pursuant to the provisions of Clause 4.01 hereof; and (b) reasonable wear and tear; Unless such excepted repairs are necessitated by the acts or omissions of the Tenant, its agents, employees, invitees contractors, customers or licensees. The cost of any repair or replacement required to be made of the Leased Premises as a result of any act or omission of the Tenant, its employees, servants, agents or licensees shall be paid in full by the Tenant. Provided further, notwithstanding anything to the contrary herein contained, the Tenant shall make all repairs and replacements to the Leased Premises made necessary by reason of burglary or attempted burglaryinvites. (c) It is understood that the Tenant will organize maintenance for the grounds and maintenance to keep all sidewalks, roadways and parking areas bordering on the Building free of ice and snow and the grass, if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are to be approved by the Landlord in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the Landlord.

Appears in 1 contract

Samples: Lease Agreement (Ideal Power Inc.)

Maintenance of Premises. The Tenant shall at all times during the Term of this Lease, at its sole cost and expense, well, properly and sufficiently repair, maintain and keep the Leased Premises with the appurtenances (including, without restricting the generality provisions of the foregoingfirst (except for the second proviso clause therein) and second sentences of Section 8.1(a) of the Master Lease are hereby incorporated by reference herein as if set forth in full herein, signs except that all references to "Tenant" therein shall be deemed references to Sublessee herein and inside all references to the "Premises" therein shall be deemed references to the Subleased Premises. The provisions of the fourth and outside plate glass windows fifth sentences of Section 8.1(a) of the Master Lease are hereby incorporated by reference herein as if set forth in full herein, except that all references to "Landlord" therein shall be deemed references to Sublessor herein, all references to "Tenant" therein shall be deemed references to Sublessee herein, all references to the "Premises" therein shall be deemed references to the Subleased Premises, all references to the "Lease" therein shall be deemed references to this Sublease and doorsreferences to the New Lease Option Term and/or New Lease Renewal Term shall have no application to this Sublease. Notwithstanding anything to the contrary in the Master Lease or this Sublease, including all overhead or exterior doors Sublessor's obligations (subject to subsections q.(iii) and v(ii) below) to perform any maintenance, repairs and replacements to the Subleased Premises shall be installed) in good and substantial limited to the obligation to maintain, repair and shall repairreplace items in those areas which, maintain and replace all fixtures and things which at any time during if this Sublease did not cover the Term of this Lease are located or erected in or upon entire East Tower, would be "Common Areas" within the Lease Premises, such repair, maintenance and replacement to be made by the Tenant when, where and so often as need shall be, except for: (a) repairs required to be made by the Landlord pursuant to the provisions of Clause 4.01 hereof; and (b) reasonable wear and tear; Unless such excepted repairs are necessitated by the acts or omissions meaning of the TenantMaster Lease; provided, its agentshowever, employees, invitees or licensees. The cost of any repair or replacement required to be made of the Leased Premises as a result of any act or omission of the Tenant, its employees, servants, agents or licensees shall be paid in full by the Tenant. Provided furtherthat, notwithstanding anything to the contrary herein containedin the Master Lease and/or this Sublease (including without limitation the fact that the Sublease covers the entire East Tower), Sublessee shall be required to pay from and after the Sublease Commencement Date, as Additional Rent, the Tenant costs incurred by Sublessor in doing so as follows: (a) those which are not Capital Expenses shall be paid as "Building Operating Costs" in accordance with the provisions of Section 4.8(c)(i) of the Master Lease incorporated by reference in D. above and (b) those which are Capital Expenses shall be paid in accordance with the provisions of Section 8.1(c)(i) of the Master Lease. Sublessor shall not be in breach of its obligations under this Section E.i. unless Sublessor fails to make all any repairs or perform maintenance which it is obligated to perform hereunder and replacements such failure persists for an unreasonable time after written notice of a need for such repairs or maintenance is given to Sublessor by Sublessee, and in no event shall Sublessor have any liability for such failure except if and to the Leased Premises made necessary by reason of burglary or attempted burglary. (c) It is understood that the Tenant will organize maintenance for the grounds and maintenance to keep all sidewalks, roadways and parking areas bordering on the Building free of ice and snow and the grass, if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are to be approved extent caused by the Landlord in writing and the Tenant will be charged back their proportionate share gross negligence or willful misconduct of these costs as Operating CostsSublessor. Any maintenance costs which are shared with other tenants must have prior written approval from the Landlord.Sublessor

Appears in 1 contract

Samples: Sublease (Mindspeed Technologies, Inc)

Maintenance of Premises. The Tenant shall at all times during the Term of this LeaseA. Landlord’s Obligations: Landlord, at its sole cost and expense, wellshall maintain in good condition, properly order, and sufficiently repair, maintain and keep replace as and when necessary, the Leased Premises with the appurtenances (including, without restricting the generality structural components of the foregoingBuilding, signs and inside and outside plate glass windows and doors, including all overhead or exterior doors to be installed) in good and substantial repair and shall repair, maintain and replace all fixtures and things which at any time during for the Term purpose of this Lease are located or erected in or upon means and is limited to the Lease Premisesfoundation, such repair, maintenance exterior load bearing walls and replacement to be made by the Tenant when, where and so often as need shall beroof structure (but not roof membrane), except for:that the cost to repair any damage to such items caused by Tenant or Tenant’s Agents shall be paid for by Tenant to the extent the cost of repair is not fully paid to Landlord from available insurance proceeds, guaranties or warranties. (a) repairs B. Tenant’s Obligations: Except for those items described in Section 9.A above which are required to be made maintained and repaired by Landlord, Tenant shall clean, maintain, repair and replace when necessary the Building and every part thereof through regular inspections and servicing, including but not limited to the following, to the extent Landlord does not elect to maintain the same as Reimbursable Operating Costs: (i) all plumbing and sewage facilities, (ii) all heating ventilating and air conditioning facilities and equipment, (iii) all fixtures, interior walls, floors, carpets and ceilings, (iv) all windows, door entrances, plate glass and glazing systems including caulking, and skylights, (v) all electrical facilities and equipment, (vi) all automatic fire extinguisher equipment, (vii) [intentionally deleted], (viii) all elevator equipment, and (ix) the roof membrane system. All wall surfaces and floor tile are to be maintained in an as good a condition as when Tenant took possession free of holes, gouges, or defacements. With respect to items (ii), (viii) and (ix) above, Tenant shall provide Landlord a copy of a service contract between Tenant and a licensed service contractor providing for periodic maintenance of all such systems or equipment in conformance with the manufacturer’s recommendations. Tenant shall provide Landlord a copy of such preventive maintenance contracts and paid invoices for the recommended work if requested by Landlord. To the extent that any part of the items in (i) through (ix) above is determined by Landlord to be for the benefit of more than one (1) tenant or occupant of the Building or Project, Landlord shall assume the obligation to clean, maintain, repair and replace the same as Reimbursable Operating Costs and Tenant shall during the period of such assumption have no obligation to clean, maintain, repair or replace such item. If any damage or destruction to the Premises or the Project is caused by the act or negligence of Tenant or Tenant’s Agents, Tenant shall promptly repair or restore such damage or destruction, except to the extent the cost of such repair or restoration is covered by insurance maintained or required to be maintained by Landlord, warranties or guaranties, and is required to be repaired by Landlord pursuant to Article 16 below. Notwithstanding this Section 9.B above, if Tenant determines that any mechanical, sprinkler, life safety, heating, ventilating and air conditioning, electrical or plumbing systems or elevators located in or servicing the provisions Building (but not including any such equipment or systems added to service any rack/server labs or any other trade fixtures or Specialized Tenant Improvements) which Tenant is required to repair and replace (other than Tenant Improvements or Alterations or work required of Clause 4.01 hereof; and Tenant to comply with applicable Laws pursuant to Section 8.C) or the Building’s roof membrane are in need of material repair or replacement, and (bi) reasonable wear and tear; Unless such excepted repairs are necessitated by the acts or omissions of the Tenant, its agents, employees, invitees or licensees. The cost of any such repair replacement is in excess of One Hundred Thousand Dollars ($100,000), and (ii) the material repair or replacement required constitutes a capital cost under generally accepted accounting principles, then Tenant shall notify Landlord of same in writing. If Tenant notifies Landlord of the foregoing pursuant to the prior sentence, then Landlord shall cause such repair or replacement (whether an item is repaired or replaced shall be determined by Landlord in its reasonable discretion) to be made made, subject to reimbursement by Tenant as follows: The entire cost incurred by Landlord with respect to such work, together with interest thereon at the Amortization Interest Rate, shall be amortized over the useful life of the Leased Premises capital repair or replacement, as a result of any act or omission of reasonably determined by Landlord in accordance with GAAP (defined in Section 9.D), and the Tenant, its employees, servants, agents or licensees monthly amortized cost (and interest thereon at the Amortization Interest Rate) shall be paid in full by Tenant under this Lease each month at the Tenant. Provided furthersame time that Base Monthly Rent is due hereunder until the earlier of the Expiration Date (as the same may be extended pursuant to this Lease, notwithstanding anything whether by exercise of an Option, extension on a month to month basis or otherwise) or the contrary herein contained, the Tenant shall make all repairs and replacements to the Leased Premises made necessary by reason of burglary or attempted burglary. (c) It is understood date that the Tenant will organize maintenance for the grounds entire cost of such work and maintenance interest thereon has been reimbursed to keep all sidewalks, roadways and parking areas bordering on the Building free of ice and snow and the grass, if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are to be approved by the Landlord in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the Landlord.

Appears in 1 contract

Samples: Lease Agreement (Extreme Networks Inc)

Maintenance of Premises. The Tenant shall It is further agreed that the tenant will not suffer, or permit anything to be done in or about the premises, which will contravene the policy of insurance against loss by fire or increase the fire insurance rate, or keep any gasoline or other combustibles on said premises. In the event fire is caused by the tenant’s negligence, the tenant will be held responsible for any lost rents suffered by landlord while property is being repaired. It is further agreed that the tenant will keep said premises, including garage, in good order and condition, keep all portions of the leased premises in clean and sanitary condition, and comply with all applicable federal, state, and local laws, ordinances, and regulations with respect to said premises. Any car observed parked on the grass will result in a fine of $30 per occurrence or the car(s) will be towed at all times during the Term tenant’s expense. Failure to pay the fine or the towing fee will constitute non- compliance with the terms of this Lease, at its sole cost and expense, well, properly and sufficiently repair, maintain and keep lease. RESPONSIBILITY FOR REPAIRS: Any repairs made necessary due to the Leased Premises with the appurtenances (including, without restricting the generality negligence of the foregoingtenant or their licensees, signs and inside and outside plate glass windows and doorsinvitees, including or pets shall be paid for by tenants. This would include plumbing obstructions due to negligence on the part of the tenant or their family, servants, employees or guests. The tenant is fully responsible for repairs to all overhead appliances other than those attributable to normal usage. The tenants are not allowed to make unauthorized repairs without the landlord’s permission. The landlord is not responsible for the furnishing of telephone jacks, lines or exterior doors connections. The tenant is advised to be installed) in good and substantial repair and shall repair, maintain and replace all fixtures and things which at any time during the Term of this Lease are located or erected in or upon the Lease Premises, such repair, maintenance and replacement to be made obtain insurance by the Tenant when, where and so often as need shall be, except for: (a) repairs required phone company to be made by cover the Landlord pursuant to the provisions of Clause 4.01 hereof; and (b) reasonable wear and tear; Unless such excepted repairs are necessitated by the acts or omissions of the Tenant, its agents, employees, invitees or licensees. The cost of any repair phone xxxx and line repair. The premises are currently furnished with a washer and dryer. These appliances are provided “as-is” and the landlord is under no obligation to replace the washer and/or dryer if these appliances fail. NOTICE OF DEFECTS: It is further agreed that tenant will give landlord prompt notice of any defects, leaks, or replacement required breakage in the structure, equipment, or fixtures of said premises, including damage by fire, storm, and flood. If additional damage results from the tenant’s failure to notify the landlord of a defect, the tenant will be responsible for expense of repairing said damage. SURRENDER OF PREMISES: The Tenant agree to surrender the said premises and all the landlord’s furniture and fixtures therein in good, clean, and operating condition at the expiration of this lease. The only exceptions are normal wear and tear or damage by fire, storm, or public enemies. There should be no trash or debris left in or around premises including attic, yard, or garage. The house is to be made broom-swept and mopped, with no broken windows, holes in walls, or other damage. The tenants hereby agree to clean all window blinds, the refrigerator, stove, sink, kitchen counters, kitchen cabinets, and the fixtures and tile of the Leased Premises bathroom. In general, the house should be as a result of any act or omission clean as it was when the tenant moved into it. The tenants agree to have the house cleaned and ready one week prior to the end of the Tenant, its employees, servants, agents or licensees shall be paid in full by lease. If the Tenant. Provided further, notwithstanding anything property is not sufficiently cleaned one week prior to the contrary herein containedtenants moving out, the Tenant shall make landlord will arrange for a professional house cleaning service to clean the property at the tenant’s expense. The tenants will also be responsible for any vandalism to property even after vacating said premises until such time as all repairs and replacements keys are returned to the Leased Premises made necessary by reason of burglary or attempted burglary. (c) It is understood that the Tenant will organize maintenance for the grounds and maintenance to keep all sidewalks, roadways and parking areas bordering on the Building free of ice and snow and the grass, if any, fronting the Building, cut and properly cared forlandlord. All contracts for this maintenance are to be approved by the Landlord in writing and the Tenant A $75.00 charge will be charged back their proportionate share assessed for each key not returned to Landlord on last day of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the Landlordcontract or the agreed move-out date, whichever is first.

Appears in 1 contract

Samples: Residential Lease Agreement

Maintenance of Premises. The Tenant shall at all times shall, during the Term of this LeaseTerm, at its sole cost and expense, wellkeep in good repair and maintain the entire Premises in good, properly clean working order, condition and sufficiently repair, maintain and keep the Leased Premises with the appurtenances (including, without restricting limitation, the generality structural portions of the building and improvements thereon, the interior and exterior thereof, the roof, plate glass, wiring, plumbing, heat and air conditioning units, parking and service areas, landscaping, elevator and the approaches thereto and appurtenances thereof, including all adjacent sidewalks and alleys; provided, however, prior to April 30, 2012, Landlord shall continue to be obligated to keep in good repair and maintain the roof in accordance with the terms and provisions of Sections 7.2 and 7.3 of the Prior Lease. Tenant's obligation to maintain the Premises shall specifically include, without limitation, the obligation to make any and all repairs and to repaint and/or re-stain all painted areas as reasonably required by Landlord. Tenant acknowledges that Tenant’s maintenance and repair obligations hereunder shall include replacement of carpet, paint and wallpaper at the expiration of their useful life if replacement has not previously been required hereunder. Notwithstanding the foregoing, signs and inside and outside plate glass windows and doorsall carpet in the Premises shall have been replaced within the last 5 years prior to the termination of this Lease, including all overhead or exterior doors to be installed) in good and substantial repair and shall repair, maintain and replace all fixtures and things which at any time during whether by expiration of the Term of this Lease are located or erected otherwise. Landlord shall not have any responsibility to maintain the Premises or any part thereof, whether structural or non-structural, interior or exterior. Notwithstanding the foregoing, Landlord shall have the right, in or upon its sole and absolute discretion, to inspect the Lease Premises, such repairand Landlord may, in its sole and absolute discretion, perform (or cause Tenant to perform) maintenance and replacement repair of the Premises. Tenant shall reimburse Landlord for any and all such maintenance and repair performed by Landlord within three (3) business days of written notice from Landlord to be made Tenant. Tenant hereby waives all rights under any applicable law, rule or ordinance that provides or allows for Tenant=s right to make repairs and deduct the cost of such repairs from the Monthly Rent or any other Payment due and payable by Tenant hereunder. Landlord reserves and retains the Tenant when, where right to lease the roof and so often as need shall be, except for: exterior portions of the Premises (atogether with any and all easements for access thereto) repairs required to be made by the Landlord (provided such lease does not materially interfere with Tenant’s signage rights pursuant to Section 24.2) to third parties for the provisions installation of Clause 4.01 hereof; and (b) reasonable wear satellite dishes, antenna, billboards, among other things and tear; Unless such excepted repairs are necessitated by the acts or omissions Tenant shall not be entitled to any abatement of Monthly Rent and/or any portion of the Tenantrevenue from such leases; provided, its agentsTenant shall have the right to reasonably approve: (i) the type of materials and method of attachment, employees, invitees or licensees. The cost (ii) the cosmetic impact of any repair or replacement required to be made attachment such that it will not negatively impact the marketability of the Leased Premises as a result of any act Premises, and (iii) the content, so that no disreputable or omission of the Tenantcompetitive advertisements are installed. Furthermore, its employees, servants, agents or licensees Landlord shall be paid in full responsible for any damage and any ongoing required maintenance directly caused by the Tenant. Provided further, notwithstanding anything to the contrary herein contained, the Tenant shall make all repairs and replacements to the Leased Premises made necessary by reason of burglary or attempted burglarysuch installation. (c) It is understood that the Tenant will organize maintenance for the grounds and maintenance to keep all sidewalks, roadways and parking areas bordering on the Building free of ice and snow and the grass, if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are to be approved by the Landlord in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the Landlord.

Appears in 1 contract

Samples: Lease Agreement (Emeritus Corp\wa\)

Maintenance of Premises. The Except as otherwise specifically provided in this Lease (specifically including but not limited to Section 3.11), Landlord is not required to furnish any services or facilities, or to make any repairs or Alterations, in, about or to the Premises or the Property. Except as specifically described in Sections 3.11 and 7.1, and except for the gross negligence or willful misconduct of Landlord, Tenant shall at all times during assumes the Term full and sole responsibility for the condition, operation, repair, replacement, maintenance and management of this Leasethe Premises. Except as specifically described in Sections 3.11 and 7.1, and except for the gross negligence or willful misconduct of Landlord, Tenant, at its Tenant’s sole cost and expense, well, properly will keep and sufficiently repair, maintain and keep the Leased Premises with the appurtenances (including, without restricting the generality but not limited to, all non-structural interior portions, systems and equipment; interior surfaces of the foregoingexterior walls; interior moldings, signs partitions and inside ceilings; and outside plate glass windows interior electrical, lighting and doors, including all overhead or exterior doors to be installedplumbing fixtures) in good order, condition and substantial repair and shall repair, maintain and replace all fixtures and things which at any time during the Term of this Lease are located or erected in or upon the Lease Premises, such repair, maintenance and replacement to be made by the Tenant when, where and so often as need shall be, except for: (a) repairs required to be made by the Landlord pursuant to the provisions of Clause 4.01 hereof; and (b) reasonable wear and tear; Unless such excepted repairs are necessitated by tear and damage from insured casualties excepted. Tenant will keep the acts Premises in a neat and sanitary condition and will not commit any nuisance or omissions waste in, on or about the Premises or the Property. If Tenant damages or injures the Common Area or any part of the TenantProperty other than the Premises, its agentsLandlord will repair the damage and Tenant will pay Landlord for all uninsured costs and expenses of Landlord in connection with the repair as Additional Rent. Tenant is solely responsible for and, employeesto the fullest extent allowable under the Laws, invitees or licensees. The will release, indemnify, protect and defend Landlord against (with counsel reasonably acceptable to Landlord) and hold Landlord harmless from, the cost of repairing, and any repair Claims resulting from, any penetrations or replacement required to be made perforations of the Leased Premises as a result of any act roof or omission exterior walls of the Building Tenant causes. Tenant will maintain the Premises in a first-class and fully operative condition. Tenant, its employees, servants, agents or licensees shall ’s repairs will be paid at least equal in full by the Tenant. Provided further, notwithstanding anything quality and workmanship to the contrary herein contained, the Tenant shall make all repairs original work and replacements to the Leased Premises made necessary by reason of burglary or attempted burglary. (c) It is understood that the Tenant will organize maintenance for make the grounds and maintenance to keep repairs in accordance with all sidewalks, roadways and parking areas bordering on the Building free of ice and snow and the grass, if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are to be approved by the Landlord in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the LandlordLaws.

Appears in 1 contract

Samples: Office Lease Agreement (Wells Mid-Horizon Value-Added Fund I LLC)

Maintenance of Premises. The Tenant shall LESSEE agrees to maintain the leased premises in the same condition as they are at all times the commencement of the term or as they may be put in during the Term term of this Lease, at its sole cost and expense, well, properly and sufficiently repair, maintain and keep the Leased Premises with the appurtenances (including, without restricting the generality of the foregoing, signs and inside and outside plate glass windows and doors, including all overhead or exterior doors to be installed) in good and substantial repair and shall repair, maintain and replace all fixtures and things which at any time during the Term of this Lease are located or erected in or upon the Lease Premises, such repair, maintenance and replacement to be made by the Tenant when, where and so often as need shall be, except for: (a) repairs required to be made by the Landlord pursuant to the provisions of Clause 4.01 hereof; and (b) reasonable wear and tear; Unless such excepted , damage by fire and other casualty only excepted, acknowledging that the leased premises are now in good order. Maintenance and routine repairs are necessitated by the acts or omissions of the Tenantmechanical systems, its agentsincluding heating and cooling systems, employeesshall be the sole responsibility of the LESSEE, invitees including but not limited to necessary repairs and replacement, maintenance, adjustment, changing of filters, spring and fall servicing and any other costs associated with keeping the equipment in good running order, [except for the replacement of the entire heating, cooling or licenseesmechanical system or a "major" sub-component thereof, such as a compressor or heat exchanger, which shall be the responsibility of the LESSOR; for the purpose of defining "major," any component for which the parts cost more than $500 shall be deemed to be "major']. XXXXXX agrees to contract and pay for routine maintenance and parts and preventive care to keep said systems in good operating order. Failure to so maintain these systems on a periodic basis will cause the LESSEE to be responsible in the event that the entire system should fail as a proximate result of such neglect or failure to maintain. The cost of any repair or replacement required LESSEE shall not permit the leased premises to be made overloaded, damaged, stripped, or defaced, nor suffer any waste. LESSEE shall obtain written consent of the Leased Premises as a result of LESSOR before erecting any act or omission of sign on the Tenantpremises. The LESSOR shall maintain in good order and condition the foundation, its employeesroof, servantsstructural components, agents or licensees shall be paid in full by the Tenant. Provided furthercommon areas, notwithstanding anything to the contrary herein containedgrounds, the Tenant shall make all repairs and replacements to the Leased Premises made necessary by reason of burglary or attempted burglary. (c) It is understood that the Tenant will organize maintenance for the grounds and maintenance to keep all sidewalks, roadways driveway and parking areas bordering on of the Building free building and lot area of ice which the premises are a part. The LESSOR represents that to the best of his knowledge the mechanical systems of the leased premises have been maintained in good order and snow and the grass, if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are to be approved by the Landlord in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the Landlordrepair.

Appears in 1 contract

Samples: Commercial Lease (First Marblehead Corp)

Maintenance of Premises. The Tenant is responsible for maintaining the Premises, except as otherwise provided herein. Tenant, at Tenant's sole expense, shall maintain the Premises in good order and condition and make all repairs and replacements necessary or appropriate for heat, air-conditioning, plumbing and electrical systems or equipment contained within the Premises. Landlord shall provide Tenant with a first year warranty on said systems in the instance of a newly constructed building. Tenant shall at all times during make no alterations or additions to the Term Premises or erect any exterior signs other than a building standard Tenant sign (if any) provided by Landlord or as may be made with Landlord's prior written consent. All alterations or additions made with such consent shall be part of the Premises and the property of Landlord, subject to the terms of this LeaseLease unless otherwise provided by the instrument of consent. Tenant's trade fixtures/signage not provided byh Landlord, at its sole cost and expense, well, properly and sufficiently repair, maintain and keep equipment or other personal property placed on the Leased Premises with the appurtenances (including, without restricting the generality of the foregoing, signs and inside and outside plate glass windows and doors, including all overhead or exterior doors to may be installed) in good and substantial repair and shall repair, maintain and replace all fixtures and things which removed by Tenant at any time during the Term Rental Term; but if installation of this Lease are located or erected any of same in or upon on the Lease Premises or the removal therefrom of any thereof could deface the Premises, such repairLandlord's written consent to installation must first be procured and, maintenance and replacement to be made by the Tenant whenupon removal, where and so often as need shall be, except for: (a) repairs required to be made by the Landlord pursuant all damage to the provisions of Clause 4.01 hereof; and (b) reasonable wear and tear; Unless such excepted repairs are necessitated Premises caused thereby shall be fully repaired promptly by the acts or omissions of the Tenant at Tenant, its agents, employees, invitees or licensees's expense. The cost There shall be no outside storage of any repair or replacement required to be made of the Leased Premises as a result of any act or omission of the Tenant, its employees, servants, agents or licensees shall be paid in full by the Tenantkind whatsoever. Provided further, notwithstanding Notwithstanding anything to the contrary herein containedcontained herein, the Tenant shall make all repairs and replacements not be responsible for roof or structural maintenance except to the Leased Premises made necessary extent the same may be occasioned by reason of burglary or attempted burglaryTenant's negligence. (c) It is understood that the Tenant will organize maintenance for the grounds and maintenance to keep all sidewalks, roadways and parking areas bordering on the Building free of ice and snow and the grass, if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are to be approved by the Landlord in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the Landlord.

Appears in 1 contract

Samples: Sublease Agreement (Silk Botanicals Com Inc)

Maintenance of Premises. The Tenant (a) Landlord shall at all times during the Term of this Leasebe responsible, at its sole cost and expense, wellto keep the exterior foundations and walls of the Building in good order and repair; provided that Tenant shall give Landlord reasonable notice of the need for such repair. Landlord shall be responsible, properly as an Operating Expense, to keep the roof, floors, sewage system, any other underground utilities, plumbing, electrical, heating and sufficiently air conditioning systems, all down spouts, gutters, sidewalks, the parking lot, driveways, all common interior portions of the Building and all common fixtures and appurtenances therein, all windows, doors, ceilings and landscaping in and about the premises and the building of which it is a part in good order and repair, maintain and keep the Leased Premises with the appurtenances (including, without restricting the generality of the foregoing, signs and inside and outside plate glass windows and doors, including all overhead or exterior doors to be installed) in good and substantial repair and shall repair, maintain be responsible for snow removal in and replace all fixtures about the premises and things which at any time during the Term of this Lease are located or erected in or upon the Lease Premises, such repair, maintenance sidewalks and replacement to be made by the Tenant when, where and so often as need shall be, except for: (a) repairs required to be made by the Landlord pursuant to the provisions of Clause 4.01 hereof; andparking areas associated with it. (b) reasonable wear Tenant shall, throughout the term, and tear; Unless such excepted repairs are necessitated by the acts or omissions at its sole cost and expense, take good care of the Tenant, its agents, employees, invitees Premises and the other improvements now or licensees. The cost of hereafter comprising all or any repair or replacement required to be made part of the Leased Premises as a result of Premises, the electrical systems and facilities located in the Premises, and the fixtures and appurtenances therein and maintain the same in good order and condition, and promptly at Tenant's own cost and expense make all repairs necessary to maintain such good order and condition, except for repairs which Landlord agrees to make pursuant to the previous paragraph. Tenant shall, at its sole cost and expense, repair and replace all damage or injury to the Premises, including any act or omission portion of the TenantPremises which Landlord is obligated to maintain pursuant to the previous paragraph of this Section 7, caused by (i) the negligence or willful conduct of Tenant or its employees, servantsagents, agents invitees, licensees, subtenants, or licensees shall be paid contractors, or (ii) as the result of all or any of them moving in full or out of the Premises or by the Tenant. Provided furtherinstallation or removal of furniture, notwithstanding anything to the contrary herein containedfixtures or other property, the Tenant shall make all which repairs and replacements shall be in quality and class equal to the Leased Premises original work or installations. If Tenant fails to make such repairs or replacements after fifteen (15) days' prior written notice from Landlord (with the exception of emergencies, which shall not require prior notice), the same may be made necessary by reason Landlord and such expense shall be collectible as Additional Rent and paid by Tenant within fifteen (15) days after rendition of burglary or attempted burglarya xxxx therefor. (c) It is understood that Landlord shall not be liable by reason of any injury to or interference with Tenant's business arising from the Tenant will organize maintenance for making of any repairs, alterations, additions or improvements in or to the grounds and maintenance Premises or to keep all sidewalksany appurtenances or equipment therein, roadways and parking areas bordering on except to the Building free of ice and snow and the grassextent such repairs, if anyetc., fronting the Building, cut and properly cared for. All contracts for this maintenance are to be approved necessitated by the negligence or willful act of Landlord, its agents, employees or contractors. Except as expressly provided in sections 10 and 11 hereof, there shall be no abatement of rent because of such repairs, alterations, additions or improvements. (d) Landlord in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the Landlordshall provided janitorial services for Tenant's suite, Monday through Friday nights.

Appears in 1 contract

Samples: Lease Agreement (Asa International LTD)

Maintenance of Premises. The Tenant shall at all times during the Term of Except as otherwise specifically provided in this Lease, Landlord is not required to furnish any services or facilities, or to make any repairs or Alterations, in, about or to the Premises, the Building, the heating and air conditioning systems serving the Building, or the Shopping Center. Except as specifically described in Section 7.1 and Articles 11 and 12, Tenant assumes the full and sole responsibility for the condition, operation, repair, replacement, maintenance and management of the Premises. Except as specifically described in Section 7.1 and Articles 11 and 12, Tenant, at its Tenant's sole cost and expense, well, properly will keep and sufficiently repair, maintain and keep the Leased Premises with the appurtenances (including, without restricting the generality but not limited to, all non-structural interior portions, systems and equipment; interior surfaces of the foregoingexterior walls; interior moldings, signs partitions and inside ceilings; and outside plate glass windows interior electrical, lighting and doors, including all overhead or exterior doors to be installedplumbing fixtures) in good order, condition and substantial repair and shall repair, maintain and replace all fixtures and things which at any time during the Term of this Lease are located or erected in or upon the Lease Premises, such repair, maintenance and replacement to be made by the Tenant when, where and so often as need shall be, except for: (a) repairs required to be made by the Landlord pursuant to the provisions of Clause 4.01 hereof; and (b) reasonable wear and tear; Unless such excepted repairs are necessitated by tear and damage from insured casualties excepted. Tenant will keep the acts Premises in a neat and sanitary condition and will not commit any nuisance or omissions waste in, on or about the Premises, the Building or the Shopping Center. If Tenant damages or injures the Common Area or any part of the TenantBuildings or Shopping Center other than the Premises, its agentsLandlord will repair the damage and Tenant will pay Landlord for all uninsured costs and expenses of Landlord in connection with the repair as Additional Rent. Tenant is solely responsible for and, employeesto the fullest extent allowable under the Laws, invitees or licensees. The releases and will indemnify, protect and defend Landlord and the Landlord Affiliated Entities against (with counsel reasonably acceptable to Landlord) and hold Landlord harmless from, the cost of repairing, and any repair Claims resulting from, any penetrations or replacement required to be made perforations of the Leased Premises as a result of any act roof or omission exterior walls of the Building Tenant causes. Tenant will maintain the Premises in a first-class and fully operative condition. Tenant, its employees, servants, agents or licensees shall 's repairs will be paid at least equal in full by the Tenant. Provided further, notwithstanding anything quality and workmanship to the contrary herein contained, original work and Tenant will make the Tenant shall make all repairs and replacements to the Leased Premises made necessary by reason of burglary or attempted burglary. (c) It is understood that the Tenant perform maintenance in accordance with all Laws. Landlord will organize maintenance for the grounds and maintenance to keep all sidewalks, roadways and parking areas bordering on maintain the Building free of ice and snow and the grass, if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are to be approved by the Landlord Shopping Center in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the Landlorda first-class condition.

Appears in 1 contract

Samples: Sublease Agreement (Pluralsight, Inc.)

Maintenance of Premises. (A) Landlord shall make necessary structural repairs to the Premises and shall keep in good condition and repair the foundations and roof of the Premises and the building systems serving the Premises and shall maintain the Common Areas in good condition and repair. Landlord shall not be required to make any such repairs where same were caused or occasioned by any act, omission or negligence of Tenant, any subtenant or concessionaire of Tenant, or any of their respective officers, employees, agents, customers, invitees or contractors. Landlord shall not be required to commence any such repair until notice shall be received from Tenant specifying the nature of the repair. The Tenant provisions of this Paragraph shall not apply in the case of damage by fire or other casualty or by eminent domain, in which case the obligations of the parties shall be as provided in other Paragraphs of this Lease. (B) Except for repairs and maintenance required to be performed by Landlord under Subparagraph (A) above, Tenant, at its own expense, shall perform all maintenance and make all repairs and replacements in or to the Premises, and shall keep clean, neat, safe, sanitary, in good order, repair and condition (including all painting and decorating necessary to maintain at all times during a clean and sightly appearance) the Term of this Lease, at its sole cost and expense, well, properly and sufficiently repair, maintain and keep the Leased Premises with the appurtenances (including, without restricting Premises. Without limiting the generality of the foregoing, signs and inside and outside plate glass windows and doors, including all overhead or exterior doors Tenant is specifically required to be installed) in good and substantial repair and shall repair, maintain and replace all fixtures and things which at any time during the Term of this Lease are located or erected in or upon the Lease Premises, such repair, maintenance and replacement to be made by the Tenant when, where and so often as need shall be, except for: make repairs (a) repairs required to be made by the Landlord pursuant to the provisions portion of Clause 4.01 hereofany pipes, lines, ducts, wires or conduits contained within and serving only the Premises; and (b) reasonable wear to windows, plate glass, doors, and tearany fixtures or appurtenances composed of glass; Unless such excepted (c) to any lighting or plumbing equipment or fixtures installed in the Premises; and (d) to the Premises or Landlord’s Building when repairs to the same are necessitated by the acts any act or omissions omission of the Tenant, its agents, employees, invitees contractors or licenseesinvitees, or the failure of Tenant to perform its obligations under this Lease. The cost of With respect to any maintenance, repair or replacement required to be made performed by Tenant under any provision of this Lease, Landlord shall have the right and option (but not the obligation) to perform the same on behalf of Tenant, and at Tenant’s sole cost and expense. In the event that Landlord elects to perform any of the Leased Premises as a result foregoing on behalf of any act or omission of the Tenant, its employeesthen, servantsat the sole option of Landlord, agents Tenant shall pay Landlord on demand all costs and expenses incurred by Landlord in performing same, or licensees all such costs and expenses shall be paid considered to be a part of Operating Expenses and treated in full by the Tenant. Provided further, notwithstanding anything to the contrary herein contained, the Tenant shall make all repairs and replacements to the Leased Premises made necessary by reason of burglary or attempted burglarymanner set forth in Paragraph 4(C) above. (cC) It is understood that The rent hereunder shall in no case be withheld or diminished on account of any defect in such property, any change in the condition thereof, any damage occurring thereto, or the existence with respect thereto of any violations of the laws or regulations of any governmental authority except as otherwise specifically provided herein. (D) For purposes hereof, “Tenant will organize maintenance for the grounds Specialty Installations” shall mean interior finishes (e.g., wallpaper, floor coverings), supplemental HVAC, computer, telephone, data and maintenance to keep all sidewalks, roadways and parking areas bordering on the Building free of ice and snow office equipment (and the grass, if any, fronting the Building, cut wiring and properly cared for. All contracts for this maintenance are to be approved by the Landlord in writing cabling therefor) and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs specialized interior improvements and additions which are shared with other tenants must have prior written approval from not customarily part of a standard office building fit-up, regardless of who installed same. Notwithstanding anything contained herein to the Landlordcontrary, Landlord shall not be responsible to insure, maintain, repair or replace any of Tenant’s personal property or any Tenant Specialty Installations, all of which shall be insured, maintained, repaired and/or replaced, as the case may be, solely by and at the expense of Tenant.

Appears in 1 contract

Samples: Lease Agreement (BioXcel Therapeutics, Inc.)

Maintenance of Premises. The Section 16.01 Landlord warrants that as of the Commencement Date, all building systems servicing the Premises and the Common Areas, including sprinklers, HVAC, electric, plumbing, telephone, sewer, water, security, lighting, and fans, shall be in good working order (subject to the limitation on liability set forth with respect to such warranty in Exhibit C). Landlord shall repair, replace and maintain in good order and condition the structural portions of the Building (i.e., foundation, load bearing walls, exterior walls, and roof) and the Common Areas. Landlord also agrees to replace any HVAC units when they reach the end of their useful life and it is not economical to make any further repairs. All replacements shall be of equal quality and class to the original items replaced. Tenant waives the provisions of any law, or any right Tenant may have under common law, permitting Tenant to make repairs at Landlord’s expense or to withhold Rent or terminate this Lease based on any alleged failure of Landlord to make repairs; provided, however, in the event Tenant obtains a judgment against Landlord for breach by Landlord of any of its obligations to make repairs and such judgment is not paid within thirty (30) days after entry, Tenant shall at have the right to offset the amount of such judgment against Rent as it becomes due so long as such amount, together with all times during the Term other amounts being offset against Rent under any provisions of this LeaseLease shall not exceed twenty-five percent (25%) of the Base Rent due for such month. Any excess will carry over to future months, subject to the cap, until fully recovered. Notwithstanding the foregoing to the contrary, Tenant, and not Landlord, shall be obligated to make any repairs or, at its sole cost and expenseLandlord’s election, wellto reimburse Landlord for costs incurred to make such repairs, properly and sufficiently repair, maintain and keep to the Building Project components for which Landlord would otherwise be responsible to the extent that the need for repairs is caused by the misuse of the Leased Premises or Common Areas or other actions by Tenant or its employees, contractors or invitees (for example, damage to a structural wall caused by backing a truck into a dock door at excessive speed). Any costs or expenses incurred by Landlord pursuant to this Section shall be reimbursable if, and to the extent, such costs or expenses are included within the definition of Expenses in Article 1. Section 16.02 Except as provided in Section 16.01, Landlord shall have no maintenance obligation with respect to the appurtenances Premises and no obligation to make any repairs, in, on, or to the Premises. Tenant assumes the full and sole responsibility for the condition, operation, repair, replacement and maintenance of the Premises including plumbing and electrical systems, and all improvements, throughout the Term, except to the extent otherwise expressly set forth in Section 16.01. Tenant shall maintain the Premises (including, without restricting limitation, all fixtures and equipment) in good repair and condition. Without limiting the generality of the foregoing, signs Tenant agrees to repair, replace, and inside maintain in good order and outside plate glass windows and doorscondition the non-structural interior portions of the Premises, including all overhead or interior and exterior doors (including loading dock doors), interior and exterior windows, plate and window glass, floors and floor coverings, walls and wall coverings, furniture, fixtures, equipment, and appliances and the electrical, mechanical and plumbing systems serving the Premises, reasonable wear and tear excepted. Tenant shall maintain the Premises without the obligation to make any replacements provided the condition is due to ordinary wear and tear and such condition does not affect the functionality of the Premises (e.g., safety concerns). All replacements shall be of equal quality and class to the original items replaced. Tenant shall not commit or allow to be installed) in good and substantial repair committed any waste on any portion of the Premises. Tenant shall maintain a preventative maintenance contract on the HVAC system serving the Premises with a professional HVAC service company providing for not less than semi-annual inspections and shall repair, maintain and replace all fixtures and things which at any time during provide a copy of the Term of this Lease are located or erected in or upon the Lease Premises, such repair, contract to Landlord. All maintenance and replacement repairs recommended as the result of the periodic inspections or otherwise required to keep the HVAC equipment in working order shall be made by Tenant at its cost and expense subject to reimbursement pursuant to the following sentence. Notwithstanding anything in this Section 16.02 to the contrary, Landlord shall reimburse Tenant whenfor repairs to the HVAC system servicing the Premises that, where not including the cost of the preventative maintenance contract maintained by Tenant, exceed $2,500 per year. Landlord shall assign to Tenant, without recourse, all of its right, title and so often as need shall beinterest in and to (or, except for: at Landlord’s election, enforce against the contractor) any warranties and guarantees (aand extensions thereof) repairs required from manufacturers, contractors or subcontractors, if available, received by Landlord with respect to be made by the Landlord Landlord’s Work for any components thereof which Tenant is responsible, pursuant to the provisions of Clause 4.01 hereof; and (b) reasonable wear and tear; Unless such excepted repairs are necessitated by the acts or omissions of the Tenantthis Section, its agentsto maintain, employees, invitees or licensees. The cost of any repair or replacement required to be made of the Leased Premises as a result of any act or omission of the Tenant, its employees, servants, agents or licensees shall be paid in full by the Tenant. Provided further, notwithstanding anything to the contrary herein contained, the Tenant shall make all repairs and replacements to the Leased Premises made necessary by reason of burglary or attempted burglaryreplace. (c) It is understood that the Tenant will organize maintenance for the grounds and maintenance to keep all sidewalks, roadways and parking areas bordering on the Building free of ice and snow and the grass, if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are to be approved by the Landlord in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the Landlord.

Appears in 1 contract

Samples: Lease Agreement (Microphase Corp)

Maintenance of Premises. A. The Tenant LESSEE shall be responsible for and agrees to maintain the leased premises in the same condition as they are at all times the commencement of the term hereof, or as they may be put in during the Term of this Leasesaid term, at its sole cost and expense, well, properly and sufficiently repair, maintain and keep the Leased Premises with the appurtenances (including, without restricting the generality of the foregoing, signs and inside and outside plate glass windows and doors, including all overhead or exterior doors to be installed) in good and substantial repair and shall repair, maintain and replace all fixtures and things which at any time during the Term of this Lease are located or erected in or upon the Lease Premises, such repair, maintenance and replacement to be made by the Tenant when, where and so often as need shall be, except for: (a) repairs required to be made by the Landlord pursuant to the provisions of Clause 4.01 hereof; and (b) reasonable wear and tear; Unless such , damage by fire and other casualty only excepted repairs and whenever necessary, to replace glass therein, acknowledging that the leased premises are necessitated now or shall be placed in good order by the acts or omissions LESSEE at the LESSEE’S expense and the glass whole. This maintenance shall include snow and ice removal from sidewalks and doorways in front of the Tenantleased premises and the keeping of the area within the demised premises and surrounding the demised premises clean and free of all debris, its agentsrubbish, employees, invitees or licenseespaper etc. The cost LESSEE shall not permit the leased premises to be overloaded, damage, stripped or defaced nor suffer any waste. XXXXXX shall obtain written consent of LESSOR and the Town of Amherst, when necessary, before erecting any sign on the premises and shall obtain the written consent of the LESSOR before placing posters or bulletin boards in the windows. The LESSEE further agrees to wash the front windows at least once a week. XXXXXX agrees to have the hood and ventilation system cleaned four times per year and to have the xxxxx system inspected at least twice per year. The LESSEE agrees to keep the premises in a clean condition. The LESSOR shall have the right to terminate this LEASE forthwith if the LESSEE shall receive a Board of Health violation notice, which is not rectified to the satisfaction of the Town of Amherst Board of Health within two weeks of the LESSEE’S receipt of said notice. The LESSOR shall also have the right to terminate this LEASE in the event that the LESSEE shall receive more than two violation notices from the Town of Amherst Board of Health during the term of this LEASE. B. TRASH REMOVAL: XXXXXX agrees to use XXXXXX’s container located on the east side of the building located at 00 Xxxxxxx Xxx. while available for a fee of $XXXXXX per month, made payable to XXXXXXXX. If the container becomes unavailable, XXXXXX understands that he will be responsible for providing his own trash removal. XXXXXX understands that no trash of any repair or replacement required kind is to be made left outside the container. XXXXXX will issue one written warning if we find trash determined to be from XXXXXXX outside of the Leased Premises as container, however the second time will constitute a result cancellation of any act or omission our agreement and LESSEE will have to find alternative methods for trash and rubbish removal. If after the original term of LEASE has ended and trash disposal rates have increased the Tenant, its employees, servants, agents or licensees shall trash disposal rate may be paid in full by the Tenant. Provided further, notwithstanding anything adjusted to the contrary herein contained, the Tenant shall make all repairs and replacements to the Leased Premises made necessary by reason of burglary or attempted burglaryreflect such an increase. (c) It is understood that C. The LESSEE agrees to provide an extermination service to service the Tenant will organize maintenance for the grounds demised premises at least bi-monthly. X. XXXXXX agrees to purchase and maintenance to keep all sidewalks, roadways and parking areas bordering on the Building free of ice and snow and the grass, if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are to be approved by the Landlord in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the Landlordinstall a fire extinguisher.

Appears in 1 contract

Samples: Lease Agreement

Maintenance of Premises. The Tenant shall at all times shall, during the Term of this LeaseTerm, at its sole cost and expense, wellkeep in good repair and maintain the entire Premises in good, properly clean working order, condition and sufficiently repair, maintain and keep the Leased Premises with the appurtenances (including, without restricting limitation, the generality structural portions of the building and improvements thereon, the interior and exterior thereof, the roof, plate glass, wiring, plumbing, heat and air conditioning units, parking and service areas, landscaping, elevator and the approaches thereto and appurtenances thereof, including all adjacent sidewalks and alleys. Tenant's obligation to maintain the Premises shall specifically include, without limitation, the obligation to make any and all repairs and to repaint and/or re-stain all painted areas as reasonably required by Landlord. Tenant acknowledges that Tenant's maintenance and repair obligations hereunder shall include replacement of carpet, paint and wallpaper at the expiration of their useful life if replacement has not previously been required hereunder. Notwithstanding the foregoing, signs and inside and outside plate glass windows and doorsall carpet in the Premises shall have been replaced within the last 3 years prior to the termination of this Lease, including all overhead or exterior doors to be installed) in good and substantial repair and shall repair, maintain and replace all fixtures and things which at any time during whether by expiration of the Term or otherwise. Landlord shall not have any responsibility to maintain the Premises or any part thereof, whether structural or non-structural, interior or exterior. Tenant hereby waives all rights under any applicable law, rule or ordinance that provides or allows for Tenant's right to make repairs and deduct the cost of this Lease are located such repairs from the Monthly Rent or erected in or upon any other Payment due and payable by Tenant hereunder. Landlord reserves and retains the Lease right to lease the roof and exterior portions of the Premises (provided such lease does not materially interfere with Tenant's signage rights pursuant to Section 23.2) to third parties for the installation of satellite dishes, antenna, billboards, among other things and Tenant shall not be entitled to any abatement of Monthly Rent and/or any portion of the revenue from such leases; provided, Tenant shall have the right to reasonably approve: (i) the type of materials and method of attachment, (ii) the cosmetic impact of any attachment such that it will not negatively impact the marketability of the Premises, such repairand (iii) the content, maintenance and replacement to be made by the Tenant whenso that no disreputable or competitive advertisements are installed. Furthermore, where and so often as need shall be, except for: (a) repairs required to be made by the Landlord pursuant to the provisions of Clause 4.01 hereof; and (b) reasonable wear and tear; Unless such excepted repairs are necessitated by the acts or omissions of the Tenant, its agents, employees, invitees or licensees. The cost of any repair or replacement required to be made of the Leased Premises as a result of any act or omission of the Tenant, its employees, servants, agents or licensees shall be paid in full responsible for any damage and any ongoing required maintenance directly caused by the Tenant. Provided further, notwithstanding anything to the contrary herein contained, the Tenant shall make all repairs and replacements to the Leased Premises made necessary by reason of burglary or attempted burglarysuch installation. (c) It is understood that the Tenant will organize maintenance for the grounds and maintenance to keep all sidewalks, roadways and parking areas bordering on the Building free of ice and snow and the grass, if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are to be approved by the Landlord in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the Landlord.

Appears in 1 contract

Samples: Lease Agreement (Emeritus Corp\wa\)

Maintenance of Premises. The Tenant shall Lessee agrees to maintain the Premises in the same condition as they are at all times the commencement of the Term or as they may be put in by Lessor during the Term term of this Lease, at its sole cost and expense, well, properly and sufficiently repair, maintain and keep the Leased Premises with the appurtenances (including, without restricting the generality of the foregoing, signs and inside and outside plate glass windows and doors, including all overhead or exterior doors to be installed) in good and substantial repair and shall repair, maintain and replace all fixtures and things which at any time during the Term of this Lease are located or erected in or upon the Lease Premises, such repair, maintenance and replacement to be made by the Tenant when, where and so often as need shall be, except for: (a) repairs required to be made by the Landlord pursuant to the provisions of Clause 4.01 hereof; and (b) reasonable wear and tear; Unless such excepted repairs are necessitated , and damage by the acts or omissions of the Tenant, its agents, employees, invitees or licenseesfire and other casualty only excepted. The Lessee acknowledges that the Premises are now in good order and the glass whole. The Lessee shall not cause or permit the Premises to be overloaded, damaged, stripped or defaced above reasonable wear and tear. The Lessee shall be responsible for the cost of any repair or replacement required damage to be made common areas of the Leased Premises as a result of Building caused by the Lessee, or any act contractors, invitees, clients, or omission employees of the Tenant, its employees, servants, agents or licensees Lessee. Lessee shall obtain written consent of Lessor before erecting any exterior sign on the Premises. Lessor shall provide Lessee with building standard signage at the entrance to Xxxxxx’s Premises at Lessor’s expense. Lessor shall be paid in full by responsible for maintaining the Tenantroof, structure, HVAC equipment, plumbing and electrical systems of the building except that Lessee shall be responsible for resetting tripped circuit breakers. Provided furtherLessee shall be responsible for changing light bulbs within the Premises. Lessee shall be responsible for repairing and maintaining any kitchen or lab appliances, notwithstanding anything to sinks (and clogs thereto), disposals, cabinetry, etc. within the contrary herein contained, kitchen or lab that exclusively serves the Tenant Premises. Lessee shall make maintain the programs on all repairs and replacements to programable thermostats within the Leased Premises made necessary by reason of burglary or attempted burglary. (c) It is understood that the Tenant will organize maintenance Premises. Lessor shall be responsible for the grounds replacement of all exterior glass broken from the outside; Lessee shall be responsible for all exterior glass broken from the inside. Lessee shall be responsible for repairing all interior glass broken within the Premises. Lessee shall be responsible for all janitorial requirements and cleaning within the Premises. Lessee shall maintain the carpet within the Premises, and Lessor shall provide a clean carpet at the commencement of the term. Lessee shall be responsible for all installations, repairs and maintenance to keep telecommunications and data equipment and wiring. Lessee shall be responsible for all sidewalks, roadways and parking areas bordering on the Building free of ice and snow and the grass, if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are to be approved by the Landlord in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval lockouts from the LandlordPremises.

Appears in 1 contract

Samples: Lease (IMV Inc.)

Maintenance of Premises. A. LANDLORD agrees to maintain and be responsible for the following items only: the air conditioning systems, the walk in freezer/cooler, the freight elevator, existing electrical, ductwork and sprinklers related thereto, and pipes and conduits of the demised Premises, in good repair. TENANT agrees to maintain and repair all other items of the Premises in a clean state including the range hood, the walk- in cooler, sinks and floor drains, grease trap, flooring, interior lights, and fixtures provided by LANDLORD. It is the intention of the Parties that the periodic maintenance of the range hood system be performed by the TENANT on all components except the belt, including fire inspections and the cleaning of the system that is exposed on the roof. However, the LANDLORD, at its sole cost, shall coordinate the availability of a lift so the outside part of the hood system can be accessed by the TENANT. The Tenant TENANT agrees to maintain and repair all doors, including casements, whether deemed to be in the interior or exterior of the Leased Premises, all at TENANT’S expense. B. LANDLORD agrees to keep the exterior of the building in good repair, including repair and maintenance of the roof and the structural soundness of the foundation, exterior walls, paving and curbing and any other repairs and maintenance not specifically the obligation of the TENANT. TENANT agrees to keep the interior of the demised Premises, including personal property, furnishings and fixtures, in good repair and in a neat and clean appearance and to provide pest control. TENANT shall be responsible for janitorial service and the cleaning and upkeep of the can wash area, service entrance (including back stairwells, landings and first floor back entrance), and service elevator, including the elevator pit. The TENANT shall not perform any repairs, additions, including rewiring to electrical, and plumbing without prior written consent of LANDLORD. TENANT shall not have access to nor permit any repairmen access to any mechanical equipment without prior written consent of LANDLORD. C. Provided the TENANT is not in default, LANDLORD agrees to reinvest seventy-five percent (75%) of the rents collected from TENANT, excluding utility expenses, taxes, assessments, and fees from rental of the terminal building space, from the previous year to be used toward improvements to the Premises, including but not limited to LANDLORD’S fixtures and equipment specifically used to support TENANT’s business operations pursuant to this Lease. LANDLORD shall reinvest said funds within ninety (90) days after the expiration of the initial one (1) year term of the Effective Date of this Agreement if the parties exercise their option to renew pursuant to the terms set forth in Section 2. Reinvestment of such funds will be subject to mutual written agreement of the parties as to the manner and use of the funds to further improve the Premises. D. TENANT shall make no structural changes, nor any plumbing or electrical changes without prior written consent of the LANDLORD. If said consent is granted, TENANT shall obtain all permits required by law regarding such change. Any structural improvements provided by TENANT hereunder shall, at all times during the Term expiration of this Lease, at its sole cost and expense, well, properly and sufficiently repair, maintain and keep become the Leased Premises with the appurtenances (including, without restricting the generality property of the foregoing, signs and inside and outside plate glass windows and doors, including all overhead or exterior doors to be installed) in good and substantial repair and shall repair, maintain and replace all fixtures and things which at any time during the Term of this Lease are located or erected in or upon the Lease Premises, such repair, maintenance and replacement to be made by the Tenant when, where and so often as need shall be, except for: (a) repairs required to be made by the Landlord pursuant to the provisions of Clause 4.01 hereof; and (b) reasonable wear and tear; Unless such excepted repairs are necessitated by the acts or omissions of the Tenant, its agents, employees, invitees or licensees. The cost of any repair or replacement required to be made of the Leased Premises as a result of any act or omission of the Tenant, its employees, servants, agents or licensees shall be paid in full by the Tenant. Provided further, notwithstanding anything to the contrary herein contained, the Tenant shall make all repairs and replacements to the Leased Premises made necessary by reason of burglary or attempted burglaryLANDLORD. (c) It is understood that the Tenant will organize maintenance for the grounds and maintenance to keep all sidewalks, roadways and parking areas bordering on the Building free of ice and snow and the grass, if any, fronting the Building, cut and properly cared for. All contracts for this maintenance are to be approved by the Landlord in writing and the Tenant will be charged back their proportionate share of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from the Landlord.

Appears in 1 contract

Samples: Lease Agreement

Maintenance of Premises. The Tenant shall at all times during the Term of this LeaseExcept as otherwise provided herein, Lessee, at its Lessee's sole cost and expense, well, properly and sufficiently repair, shall maintain and keep the Leased Premises with the appurtenances (including, without restricting the generality of the foregoing, signs and inside and outside plate glass windows and doors, including all overhead or exterior doors to be installed) in good order and substantial repair condition and shall repair, maintain and replace all fixtures and things which at any time during the Term of this Lease are located or erected in or upon the Lease Premises, such repair, maintenance and replacement to be made by the Tenant when, where and so often as need shall be, except for: (a) repairs required to be made by the Landlord pursuant to the provisions of Clause 4.01 hereof; and (b) reasonable wear and tear; Unless such excepted repairs are necessitated by the acts or omissions of the Tenant, its agents, employees, invitees or licensees. The cost of any repair or replacement required to be made of the Leased Premises as a result of any act or omission of the Tenant, its employees, servants, agents or licensees shall be paid in full by the Tenant. Provided further, notwithstanding anything to the contrary herein contained, the Tenant shall make all repairs and replacements to the Leased Premises made necessary by reason Building (except those which are the responsibility of burglary or attempted burglary. (c) It is understood that the Tenant will organize maintenance for the grounds and maintenance to keep all sidewalksLessor), roadways and parking areas bordering on the Building free of ice and snow and the grass, if any, fronting adjacent to the Building, cut the sidewalks, curbs and properly cared forall areas used in connection with the operation of the Premises. Lessor shall, throughout the initial rental term and any renewal term, have the obligation of maintaining the roof, foundation, structural supports and exterior walls of the Building, excluding any casualty arising directly from any negligent act or omission of the Lessee, and shall further undertake and initiate all repairs or maintenance to the Premises covered by any warranties given to Lessor. Lessor shall remain responsible for cleaning, maintenance, repair and replacement of any common facilities which serve the Premises and any other property, including the rail spur, and, as applicable, any common access drive and any water, sewer, drainage or utility facilities, unless such access drives have been dedicated by Lessor and accepted by the Town of Kirkwood or if such utilities are provided by any municipality or by a regulated utility. Lessee shall make no alterations or additions to the Premises without Lessor's consent, which shall not be unreasonably withheld or delayed. All contracts for alterations or additions made with such consent shall be part of the Premises and the property of Lessor, subject to the terms of this maintenance are to be approved Lease unless otherwise provided by the Landlord instrument of consent. Lessee's trade fixtures, equipment or other personal property placed on the Premises may be removed by Lessee at any time during the rental term; but if installation of any of same in writing or on the Premises or the removal therefrom of any thereof causes damage to the Premises, all such damage shall be fully repaired promptly by Lessee at Lessee's expense. Lessor agrees that Lessee may and shall be permitted to erect either a free standing or facade sign on the Tenant will be charged back their proportionate share Premises identifying the location of these costs as Operating Costs. Any maintenance costs which are shared with other tenants must have prior written approval from Lessee's facility, provided the Landlordsign is acceptable to the Town of Kirkwood and reasonably acceptable to Lessor.

Appears in 1 contract

Samples: Lease Agreement (Morgan Products LTD)

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