Maintenance of Premises. LESSOR will be responsible for all structural and roof maintenance of the leased premises but specifically excluding damage caused by the careless, malicious, willful, or negligent acts of LESSEE or others, chemical, water or corrosion damage from any source, and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises in the same condition as they are at the commencement of the term or as they may be put in during the term of this lease, normal wear and tear and damage by fire or other casualty only excepted, and whenever necessary, to replace light bulbs, plate glass and other glass therein, acknowledging that the leased premises are now in good order and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will properly control or vent all solvents, degreasers, smoke, odors, etc. and shall not cause the area surrounding the leased premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall 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 acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises to be overloaded, damaged, stripped or defaced, nor suffer any waste, and will not keep animals within the leased premises. LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, or any installation and/or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use of the leased premises shall be at LESSEE's expense. All maintenance provided by LESSOR shall be during LESSOR's normal business hours.
Appears in 3 contracts
Samples: Assignment and Assumption of Lease (Synta Pharmaceuticals Corp), Synta Pharmaceuticals Corp, Synta Pharmaceuticals Corp
Maintenance of Premises. LESSOR 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 all times, at Tenant's sole cost and expense. Without limiting the foregoing, Tenant hereby agrees that it (i) will keep the exterior of the Premises in a clean, attractive and well painted condition and free from mildew; (ii) will replace promptly with glass of like kind and quality, any plate glass 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 sanitary condition and free of insects, 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 laws and ordinances and all valid rules and regulations of the government of the United States or 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 performed and Tenant shall reimburse Landlord for any sums so expended with the next monthly installment of Minimum Annual Rent due hereunder. Landlord will be responsible for all structural and such repairs to the roof maintenance of the leased premises but specifically excluding damage caused by the careless, malicious, willful, or negligent acts of LESSEE or others, chemical, water or corrosion damage from any source, and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not as may be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises in the same condition as they are at the commencement of the term or as they may be put in during the term of this lease, normal wear and tear and damage by fire or other casualty only excepted, and whenever necessary, to replace light bulbs, plate glass and other glass therein, acknowledging that the leased premises are now in good order and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will properly control or vent all solvents, degreasers, smoke, odors, etc. and shall not cause the area surrounding the leased premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall 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 acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises to be overloaded, damaged, stripped or defaced, nor suffer any waste, and will not keep animals within the leased premises. LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, or any installation and/or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use of the leased premises shall be at LESSEE's expense. All maintenance provided by LESSOR shall be during LESSOR's normal business hours.
Appears in 2 contracts
Samples: Lease Agreement (Imaging Diagnostic Systems Inc /Fl/), Lease Agreement (Imaging Diagnostic Systems Inc /Fl/)
Maintenance of Premises. LESSOR will be responsible for all structural and roof maintenance of the leased premises and for the normal daytime maintenance of all space heating and cooling equipment, sprinklers, doors, locks, plumbing, and electrical wiring, but specifically excluding damage caused by the careless, malicious, willful, or negligent acts of LESSEE or others, chemical, water or corrosion damage from any source, and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. , LESSEE agrees to maintain at its the expense the HVAC Unit and all other aspects of the leased premises in the same condition as they are at the commencement of the term or as they may be put in during the term of this lease, normal wear and tear and damage by fire or other casualty only excepted, and whenever necessary, to replace light bulbs, plate glass and other glass therein, acknowledging that the leased premises are now in good order and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will properly promptly control or vent all solvents, degreasers, smoke, odors, etc. , and shall not cause the area surrounding the leased premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall 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 acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises to be 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. If the leased premises are carpeted or partially carpeted, LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, or any installation and/or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use of the leased premises shall be at LESSEE's expense. All maintenance provided by LESSOR shall be during LESSOR's normal business hours.
Appears in 2 contracts
Samples: Boston Communications Group Inc, Boston Communications Group Inc
Maintenance of Premises. LESSOR will be responsible for all structural and roof maintenance of the leased premises premises*and for the normal daytime maintenance of all space heating and cooling equipment, sprinklers, doors, locks, plumbing, and electrical wiring, but specifically excluding damage caused by the careless, malicious, willful, or negligent acts of LESSEE or others, and chemical, corrosion, or water or corrosion damage from any source, and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. *.* LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises in the same condition as they are at the commencement of the 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 by fire or other casualty only excepted, and whenever necessary, to replace light bulbs, plate glass bulbs and other glass thereinglass, acknowledging that the leased premises premises*** are now in good order and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will times properly control or and vent all solvents, degreasers, radioactive materials, smoke, odors, etc. and any other materials that may be harmful, and shall not cause the area surrounding the leased premises or any other common area as defined below to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall be solely responsible for any damage to plumbing equipment, sanitary lines, lines or any other portion of the building which results from ****the discharge or use of any acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises to be 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. LESSEE will protect any carpet with plastic or masonite Masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's ’s expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any Any***** increase in air conditioning equipment or electrical capacity, or any installation and/or or maintenance of any “non-building standard” leasehold improvements or equipment which is necessitated by some specific aspect of LESSEE's ’s use of the leased premises premises, whether installed by LESSOR, LESSEE or a prior occupant, shall be LESSEE’s sole responsibility, at LESSEE's ’s expense, and subject to LESSOR’s prior written consent. All maintenance provided by LESSOR shall be during LESSOR's ’s normal business hours.*. *except LESSOR’s negligence ***upon delivery will be ****inappropriate *****After delivery of the leased premises, any
Appears in 2 contracts
Samples: BioTrove, Inc., BioTrove, Inc.
Maintenance of Premises. LESSOR will Landlord shall, at its expense subject to Paragraph 4D, keep and maintain the Premises in a good standard of maintenance and repair. Landlord's maintenance and repair responsibilities herein referred to include janitorial service, plumbing systems within the Premises, electrical systems within the Premises, interior improvements within the Premises (including replacement of burned out or broken light bulbs or ballasts, maintaining all interior walls painted, or cleaned so that they appear freshly painted, and repaired and replaced, if damaged; all floors cleaned and waxed; all carpets cleaned and shampooed; all broken, marred or nonconforming acoustical ceiling tiles replaced; all interior windows washed; the air conditioning and heating systems serviced by a reputable and licensed service firm and in good operating condition and repair), and heating and air conditioning controls within the Premises. Tenant agrees to provide and use carpet mats (of a type which allow air circulation under the mat) under all rolling chairs or to otherwise be responsible for all structural and roof maintenance of the leased premises but specifically excluding damage caused by the careless, malicious, willful, or negligent acts of LESSEE or others, chemical, water or corrosion damage from any source, and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises in the same condition as they are at the commencement of the term or as they may be put in during the term of this lease, normal wear and tear of the carpet caused by such rolling chairs if such wear and damage tear exceeds that caused by fire or other casualty only excepted, and whenever necessarynormal foot traffic in surrounding areas. Areas of excessive wear shall be replaced at Tenant's sole expense upon Lease termination. Tenant hereby waives all rights to terminate the Lease, to replace light bulbsrequire Landlord to put Premises in a condition suitable for Tenant, plate glass and/or to make repairs and other glass therein, acknowledging that deduct the leased premises are now in good order and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will properly control or vent all solvents, degreasers, smoke, odors, etc. and shall not cause the area surrounding the leased premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall be solely responsible for any damage to plumbing equipment, sanitary lines, or any other portion amount of the building repair from rent due under Lease, which results from rights are more specifically set forth in subsection 1 of Section 1932 and Sections 1941 and 1942 of the discharge or use of any acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises to be overloaded, damaged, stripped or defaced, nor suffer any waste, California Civil Code and will not keep animals within the leased premises. LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expensesimilar law, LESSEE shall maintain sufficient heat to prevent freezing of pipes statute or other damage. Any increase ordinance now or hereafter in air conditioning equipment or electrical capacity, or any installation and/or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use of the leased premises shall be at LESSEE's expense. All maintenance provided by LESSOR shall be during LESSOR's normal business hourseffect.
Appears in 2 contracts
Samples: Lease Agreement (Telomolecular Corp), Lease Agreement (Telomolecular Corp)
Maintenance of Premises. LESSOR will shall be responsible for all structural and roof maintenance of the leased premises but specifically excluding Leased Premises and other portions of the Property as necessary to maintain tenantable conditions, and for the normal maintenance within and upon said areas of all heating and cooling equipment, doors, locks, plumbing, electrical wiring, landscaping, snow removal, fluorescent light bulbs used in lighting provided by LESSOR, window glass, and janitorial services including regular cleaning of the Leased Premises. LESSOR shall not be responsible for any maintenance of equipment or alterations provided by or installed by LESSEE, nor shall LESSOR be responsible for any damage caused by the careless, malicious, willful, or negligent acts of LESSEE or othersits servants, chemicalagents, water customers, contractors, employees, invitees, visitors or corrosion damage from any source, and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvementslicensees. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE XXXXXX agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises Leased Premises in the same condition as they are at the commencement of the term Lease Term or as they may be put in during the term of this leaseLease Term, normal wear and tear and damage by fire or other casualty only excepted, and whenever necessary, to replace light bulbs, plate glass and other glass therein, acknowledging that the leased premises are now in good order and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will properly control or vent all solvents, degreasers, smoke, odors, etc. and shall not cause the area surrounding the leased premises Leased Premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall be solely responsible for any damage to plumbing equipment, equipment sanitary lines, or any other portion of the building Property which results from the improper discharge or improper use of any acid material or corrosive substance by LESSEE. LESSEE shall not permit the leased premises Leased Premises to be overloaded, damaged, stripped or defaced, nor suffer any waste, and will not keep animals within the leased premises. LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damageLeased Premises. Any increase in air conditioning equipment or electrical capacity, or any installation and/or mechanical maintenance of equipment or operating expense which is necessitated by some specific aspect of LESSEE's use of the leased premises shall be at LESSEE's expense. All maintenance provided by LESSOR shall be during LESSOR's normal weekday business hours. XXXXXX agrees to use good faith efforts not to interfere with XXXXXX's business activities while performing its maintenance responsibilities.
Appears in 2 contracts
Maintenance of Premises. LESSOR will be responsible for all structural and roof maintenance of the leased premises but specifically excluding damage caused by the careless, malicious, willful, or negligent acts of LESSEE or others, chemical, water or corrosion damage from any source, and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. The LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises in the same condition as they are at the commencement of the term or as they may be put in during the term of this leaseLease, normal reasonable wear and tear and tear, damage by fire or and other casualty only excepted, and whenever necessary, to replace light bulbs, plate glass and other glass therein, acknowledging that the leased premises are now in good order order. Maintenance and routine repairs of the light bulbs mechanical systems, including heating and glass whole. If LESSOR so directscooling systems, LESSEE shall enter into a preventive be the sole responsibility of the LESSEE, including but not limited to necessary repairs and replacement, maintenance/service contract acceptable to LESSOR , adjustment, changing of filters, spring and fall servicing and any other costs associated with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense keeping the equipment in good running order, [except for servicing all air conditioning, the replacement of the entire heating, ventilatingcooling or mechanical 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 other equipment or other equipment located within or serving the leased premisespay for routine maintenance and parts and preventive care to keep said systems in good operating order. LESSEE Failure to so maintain these systems on a periodic basis will properly control or vent all solvents, degreasers, smoke, odors, etc. and shall not cause the area surrounding the leased premises LESSEE to be responsible in anything other than the event that the entire system should fail as a neat and clean condition, depositing all waste in appropriate receptaclesproximate result of such neglect or failure to maintain. 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 acid or corrosive substance by LESSEE. The LESSEE shall not permit the leased premises to be overloaded, damaged, stripped stripped, or defaced, nor suffer any waste, and will not keep animals within . LESSEE shall obtain written consent of the leased LESSOR before erecting any sign on the premises. LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expense, LESSEE The LESSOR shall maintain sufficient heat in good order and condition the foundation, roof, structural components, common areas, grounds, sidewalks, driveway and parking areas of the building and lot area of which the premises are a part. The LESSOR represents that to prevent freezing the best of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, or any installation and/or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use his knowledge the mechanical systems of the leased premises shall be at LESSEE's expense. All maintenance provided by LESSOR shall be during LESSOR's normal business hourshave been maintained in good order and repair.
Appears in 2 contracts
Samples: First Marblehead Corp, First Marblehead Corp
Maintenance of Premises. Except as otherwise provided below, LESSOR will be responsible for all the structural and roof maintenance of the leased premises and for maintenance of the roof, landscaping, heating and cooling equipment, sprinklers, doors, locks, plumbing and electrical wiring, but specifically excluding damage caused by the careless, malicious, willful, willful or negligent acts of LESSEE or others, and chemical, corrosion or water or corrosion damage from any source, and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE agrees to maintain at its expense the HVAC Unit and 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 by fire or other casualty only excepted, and whenever necessary, to replace light bulbs, plate glass bulbs and other glass thereinglass, acknowledging that the leased premises are now in good order and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will properly control or and vent all solventschemicals, degreasersradioactive materials, smoke, odorsodors and other materials that may be harmful, etc. 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 shall be solely responsible for any damage to plumbing equipment, sanitary lines, lines or any other portion of the building which results from the discharge or use of any acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises to be 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. LESSEE will protect any carpet flooring with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's ’s expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any Notwithstanding the foregoing, any increase in heating, ventilating, air conditioning conditioning, plumbing or electrical equipment or electrical capacity, or and any installation and/or or maintenance of any “non-building standard” leasehold improvements or equipment which is necessitated by associated with some specific aspect of LESSEE's use of the leased premises ’s use, whether installed by LESSOR, LESSEE or a prior occupant, shall be LESSEE’s sole responsibility, at LESSEE's ’s expense. , and subject to LESSOR’s prior written consent All maintenance provided by LESSOR shall be during LESSOR's ’S normal business hours.
Appears in 2 contracts
Samples: Commercial Lease (Anterios Inc), Commercial Lease (Anterios Inc)
Maintenance of Premises. LESSOR will be responsible for all structural and roof maintenance of the leased premises and for the normal daytime maintenance of all space heating and cooling equipment, sprinklers, doors, locks, plumbing, and electrical wiring, but specifically excluding damage caused by the careless, malicious, willful, or negligent acts of LESSEE or others, chemical, water or corrosion damage from any source, and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises in the same condition as they are at the commencement of the term or as they may be put in during the term of this lease, normal wear and tear and damage by fire or other casualty only excepted, and whenever necessary, to replace light bulbs, plate glass and other glass therein, acknowledging that the leased premises are now in good order and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will properly control or vent all solvents, degreasers, smoke, odors, etc. and shall not cause the area surrounding the leased premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall 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 acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises to be 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. LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, capacity or any installation and/or or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use of the leased premises shall be LESSEE's sole responsibility, at LESSEE's expenseexpense and subject to LESSOR's prior written consent. All maintenance provided by LESSOR shall be during LESSOR's normal business hours.
Appears in 1 contract
Samples: Beacon Power Corp
Maintenance of Premises. LESSOR Lessor will be responsible for all structural and roof maintenance of the leased premises and for the normal daytime maintenance of all space heating and cooling equipment, sprinklers, doors, locks, plumbing, and electrical wiring, but specifically excluding damage caused by the careless, malicious, willful, or negligent acts of LESSEE or others, under the control of LESSEE, chemical, water or corrosion damage from any source, and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises in the same condition as they are at the commencement of the term or as they may be put in during the term of this lease, normal wear and tear and damage by fire or other casualty only excepted, and whenever necessary, to replace light bulbs, plate glass and other glass therein, acknowledging that the leased premises are now in good order and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will properly property control or vent all solvents, degreasers, smoke, odors, etc. and shall not cause the area surrounding the leased premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall 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 acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises to be 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. If the leased premises are carpeted or partially carpeted, LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, or any installation and/or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use of the leased premises shall be at LESSEE's expense. All maintenance provided by LESSOR shall be during LESSOR's normal business hours.
Appears in 1 contract
Samples: Focus Enhancements Inc
Maintenance of Premises. Except as otherwise provided below, LESSOR will be responsible for all the structural and roof maintenance of the leased premises and for maintenance of the roof, landscaping, heating and cooling equipment, sprinklers, doors, locks, plumbing and electrical wiring, but specifically excluding damage caused by the careless, malicious, willful, willful or negligent acts of LESSEE or others, and chemical, corrosion or water or corrosion damage from any source, and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE agrees to maintain at its expense the HVAC Unit and 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 by fire or other casualty only excepted, and whenever necessary, to replace light bulbs, plate glass bulbs and other glass thereinglass, acknowledging that the leased premises are now in good order and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will properly control or and vent all solventschemicals, degreasersradioactive materials, smoke, odorsodors and other materials that may be harmful, etc. 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 Lessee shall be solely responsible for any damage to plumbing equipment, sanitary lines, lines or any other portion of the building which results from the discharge or use of any acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises to be 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. LESSEE will protect any carpet flooring with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's ’s expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase Notwithstanding the foregoing, any increasing in heating, ventilating, air conditioning conditioning, plumbing or electrical equipment or electrical capacity, or and any installation and/or or maintenance of any “non-building standard” leasehold improvements or equipment which is necessitated by associated with some specific aspect of LESSEE's use of the leased premises ’s use, whether installed by LESSOR, LESSEE or a prior occupant, shall be LESSEE’s sole responsibility, at LESSEE's ’s expense, and subject to LESSOR’s prior written consent. All maintenance provided by LESSOR shall be during LESSOR's ’s normal business hours.
Appears in 1 contract
Samples: Boston Communications Group Inc
Maintenance of Premises. LESSOR will be responsible for all structural and roof maintenance of the leased premises but specifically excluding damage caused by the careless, malicious, willful, or negligent acts of LESSEE or others, chemical, water or corrosion damage from any source, and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE The Lessee agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises Premises in the same condition as they are at the commencement of the term Term or as they may be put in by Lessor during the term of this leaseLease, normal reasonable wear and tear tear, and damage by fire or and other casualty only excepted, and whenever necessary, to replace light bulbs, plate glass and other glass therein, acknowledging . The Lessee acknowledges that the leased premises Premises are now in good order and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will properly control or vent all solvents, degreasers, smoke, odors, etc. and The Lessee shall not cause the area surrounding the leased premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall 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 acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises Premises to be overloaded, damaged, stripped or defaced, nor suffer defaced above reasonable wear and tear. The Lessee shall be responsible for the cost of any waste, and will not keep animals within damage to common areas of the leased premises. LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase in air conditioning equipment or electrical capacityBuilding caused by the Lessee, or any installation and/or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use contractors, invitees, clients, or employees of the leased premises 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 at LESSEE's expense. All maintenance provided by LESSOR responsible for maintaining the roof, structure, HVAC equipment, plumbing and electrical systems of the building except that Lessee shall be during LESSOR's normal business hoursresponsible for resetting tripped circuit breakers. Lessee shall be responsible for changing light bulbs within the Premises. Lessee shall be responsible for repairing and maintaining any kitchen or lab appliances, sinks (and clogs thereto), disposals, cabinetry, etc. within the kitchen or lab that exclusively serves the Premises. Lessee shall maintain the programs on all programable thermostats within the Premises. Lessor shall be responsible for the 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 telecommunications and data equipment and wiring. Lessee shall be responsible for all lockouts from the Premises.
Appears in 1 contract
Samples: Lease (IMV Inc.)
Maintenance of Premises. LESSOR will be responsible for all structural and roof maintenance Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises. By taking possession of the leased premises Premises, Tenant accepts them as being in good order, condition and repair and in the condition in which Landlord is obligated to deliver them. It is hereby understood and agreed that no representations respecting the condition of the Premises or the Property have been made by Landlord to Tenant. Tenant shall at its own cost and expense keep and maintain all parts of the Premises in good condition (which obligation expressly included replacement, in necessary), promptly making all necessary repairs and replacements, whether structural or non-structural, ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as the original (including, but specifically excluding damage caused not limited to, repair and replacement of all fixtures installed by the careless, malicious, willful, or negligent acts of LESSEE or others, chemicalTenant, water or corrosion damage from heaters serving the Premises, windows, glass and plate glass, doors, exterior stairs, skylights, any sourcespecial office entries, interior walls and finish work, floors and floor coverings, heating and air conditioning systems, electrical systems and fixtures, sprinkler systems, dock boards, truck doors, dock bumpers, parking lots, driveways, landscaping, rail tracks serving the Premises, plumbing work and fixtures, and maintenance performance of regular removal of trash and debris). Tenant as part of its obligations hereunder shall keep the Premises in a clean and sanitary condition. Tenant will, as far as possible keep all such parts of the space heating, ventilatingPremises from deterioration due to ordinary wear and from falling temporarily out of repair, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises in the same condition as they are at the commencement of the term or as they may be put in during the term upon termination of this leaseLease in any way Tenant will yield up the Premises to Landlord in good condition and repair, normal wear and tear and damage loss by fire or other casualty only not Tenant's obligation to repair excepted. All trash, refuse and whenever necessarywaste materials will be maintained so as not to constitute any health or fire hazard or nuisance, will be deposited in adequately covered containers which are located within the building or in the designated trash areas outside the building. To the extent not provided a part of municipal services or if required in greater frequency due to replace light bulbsTenant's operations, plate glass and other glass thereinTenant will contract, acknowledging that the leased premises are now in good order and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEETenant's sole cost and expense, with a reputable refuse removal company to remove refuse from the Property. Without limitation on the foregoing or anything contained herein, Tenant hereby waives and releases its right to make repairs at Landlord's expense for servicing all air conditioningunder Sections 1941 and 1942 of the California Civil Code or under any similar law, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will properly control or vent all solvents, degreasers, smoke, odors, etc. and shall not cause the area surrounding the leased premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall be solely responsible for any damage to plumbing equipment, sanitary linesstatute, or any other portion ordinance now or hereafter in effect. If requested by Landlord, Tenant will participate in a reasonable program of the building which results recycling waste products from the discharge or use of any acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises to be overloaded, damaged, stripped or defaced, nor suffer any waste, and will not keep animals within the leased premises. LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, or any installation and/or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use of the leased premises shall be at LESSEE's expense. All maintenance provided by LESSOR shall be during LESSOR's normal business hoursPremises.
Appears in 1 contract
Samples: Lease (Cannabis Global, Inc.)
Maintenance of Premises. LESSOR will be responsible for all Tenant shall, during the Term, at its sole cost and expense, keep in good repair and maintain the entire Premises in good, clean working order, condition and repair, including, without limitation, the structural and roof maintenance portions of the leased premises but 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 excluding damage caused 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 carelessexpiration of their useful life if replacement has not previously been required hereunder. Notwithstanding the foregoing, maliciousall carpet in the Premises shall have been replaced within the last 3 years prior to the termination of this Lease, willful, or negligent acts of LESSEE or others, chemical, water or corrosion damage from any source, and maintenance whether by expiration of the space heatingTerm or otherwise. Landlord shall not have any responsibility to maintain the Premises or any part thereof, ventilatingwhether 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 cooling units exclusively serving deduct the leased premises cost of such repairs from the Monthly Rent or any other Payment due and payable by Tenant hereunder. Landlord reserves and retains the right to lease the roof and exterior portions of the Premises (collectivelyprovided 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, the "HVAC Unit") antenna, billboards, among other things and of any non "building standard" leasehold improvements. LESSOR Tenant shall not be deemed entitled to any abatement of Monthly Rent and/or any portion of the revenue from such leases; provided, Tenant shall have breached its obligation the right to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period reasonably approve: (taking into consideration i) the type of repair involvedmaterials and method of attachment, (ii) after receiving written notice from LESSEE the cosmetic impact of any attachment such that it will not negatively impact the marketability of the need therefor. LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises in the same condition as they are at the commencement of the term or as they may be put in during the term of this lease, normal wear and tear and damage by fire or other casualty only exceptedPremises, and whenever necessary(iii) the content, to replace light bulbsso that no disreputable or competitive advertisements are installed. Furthermore, plate glass and other glass therein, acknowledging that the leased premises are now in good order and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will properly control or vent all solvents, degreasers, smoke, odors, etc. and shall not cause the area surrounding the leased premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE Landlord shall be solely responsible for any damage to plumbing equipment, sanitary lines, or and any other portion of the building which results from the discharge or use of any acid or corrosive substance ongoing required maintenance directly caused by LESSEE. LESSEE shall not permit the leased premises to be overloaded, damaged, stripped or defaced, nor suffer any waste, and will not keep animals within the leased premises. LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, or any installation and/or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use of the leased premises shall be at LESSEE's expense. All maintenance provided by LESSOR shall be during LESSOR's normal business hourssuch installation.
Appears in 1 contract
Samples: Lease Agreement (Emeritus Corp\wa\)
Maintenance of Premises. LESSOR will be responsible for all structural (the roof and roof exterior facade of the building) maintenance of the leased premises including common area ADA modifications required for entry to LESSEE's leased space. LESSOR at LESSEE'S expense shall be responsible for the normal day time maintenance of all space heating and cooling equipment, sprinklers, plumbing, septic and electrical wiring, but specifically excluding damage damaged caused by the careless, malicious, willful, or gross negligent acts of LESSEE or others, chemical, water or corrosion damage from any source, and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed use best efforts to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need thereformaintain competitive pricing for maintenance services described herein. LESSEE XXXXXX agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises in the same condition as they are at the commencement of the term or as they may be put in during the term of this lease, normal wear and tear and damage by fire or other casualty only excepted, and whenever necessary, to replace light bulbs, plate glass and other glass therein, acknowledging that the leased premises are now in good order and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will properly control or vent all solvents, degreasers, smoke, odors, etc. and shall not cause the area surrounding the leased premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall 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 acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises to be overloaded, damaged, stripped or defaced, nor not suffer any waste, and will not keep animals within the leased premises. LESSEE will protect If the leased premises include any carpet with plastic wooden mezzanine type space, the floor capacity of such space is suitable only for office use, light storage or masonite chair pads under any rolling chairsassembly work. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, or any installation and/or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use of the leased premises shall be at LESSEE's expense. All maintenance provided by LESSOR shall be during LESSOR's normal business hours.
Appears in 1 contract
Samples: Lease (Qc Optics Inc)
Maintenance of Premises. LESSOR will be responsible for maintenance of the common areas and all structural and roof maintenance of the leased premises and for the normal daytime maintenance of all space heating and cooling equipment, sprinklers, doors, locks, plumbing, and electrical wiring, but specifically excluding damage caused by the careless, malicious, willful, or negligent acts of LESSEE or others, chemical, water or corrosion damage from any source, and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises in the same condition as they are at the commencement of the term or as they may be put in during the term of this lease, normal wear and tear and damage by fire or fire, other casualty or LESSOR's negligence or misconduct only excepted, and whenever necessary, necessary to replace light bulbs, plate glass and other glass therein, acknowledging that the leased lease premises are now will be in good order and upon delivery by LESSOR following __, and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will properly control or vent all solvents, degreasers, smoke, odors, etc. and shall not cause the area surrounding the leased premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall 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 acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises to be overloaded, damaged, stripped stopped or defaced, nor suffer any waste, and will not keep animals within the leased premises. If the leased premises includes any wooden mezzanine type space, the floor capacity of such space is suitable only for office use, light storage or assembly work. If the leased premises are carpeted or partially carpeted, LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, capacity or any installation and/or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use of the leased premises shall be at LESSEE's expense. All maintenance provided by LESSOR shall be during LESSOR's normal business hours.
Appears in 1 contract
Samples: Arqule Inc
Maintenance of Premises. LESSOR will Landlord shall, at its expense subject to reimbursement according to Paragraph 5D, keep and maintain the Premises in a good standard of maintenance and repair. Landlord's maintenance and repair responsibilities herein referred to include janitorial service (as reasonably determined by Landlord), plumbing systems within the Premises, electrical systems within the Premises, interior improvements within the Premises (including replacement of burned out or broken light bulbs or ballasts, maintaining all interior walls painted, or cleaned so that they appear freshly painted, and repaired and replaced, if damaged; all floors cleaned and waxed; all carpets cleaned and shampooed; all broken, marred or nonconforming acoustical ceiling tiles replaced; all interior windows washed; the air conditioning and heating systems serviced by a reputable and licensed service firm and in good operating condition and repair), and heating and air conditioning controls within the Premises. Tenant agrees to provide and use carpet mats (of a type which allow air circulation under the mat) under all rolling chairs or to otherwise be responsible for all structural and roof maintenance of the leased premises but specifically excluding damage caused by the careless, malicious, willful, or negligent acts of LESSEE or others, chemical, water or corrosion damage from any source, and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises in the same condition as they are at the commencement of the term or as they may be put in during the term of this lease, normal wear and tear of the carpet caused by such rolling chairs if such wear and damage tear exceeds that caused by fire or other casualty only excepted, and whenever necessarynormal foot traffic in surrounding areas. Areas of excessive wear shall be replaced at Tenant's sole expense upon Lease termination. Tenant hereby waives all rights to terminate the Lease, to replace light bulbsrequire Landlord to put Premises in a condition suitable for Tenant, plate glass and/or to make repairs and other glass therein, acknowledging that deduct the leased premises are now in good order and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will properly control or vent all solvents, degreasers, smoke, odors, etc. and shall not cause the area surrounding the leased premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall be solely responsible for any damage to plumbing equipment, sanitary lines, or any other portion amount of the building repair from rent due under Lease, which results from rights are more specifically set forth in subsection 1 of Section 1932 and Sections 1941 and 1942 of the discharge or use of any acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises to be overloaded, damaged, stripped or defaced, nor suffer any waste, California Civil Code and will not keep animals within the leased premises. LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expensesimilar law, LESSEE shall maintain sufficient heat to prevent freezing of pipes statute or other damage. Any increase ordinance now or hereafter in air conditioning equipment or electrical capacity, or any installation and/or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use of the leased premises shall be at LESSEE's expense. All maintenance provided by LESSOR shall be during LESSOR's normal business hourseffect.
Appears in 1 contract
Maintenance of Premises. Except as otherwise provided below, LESSOR will be responsible for all the structural and roof maintenance of the leased premises and for maintenance of the roof, landscaping, heating and cooling equipment, sprinklers, doors, locks, plumbing and electrical wiring, but specifically excluding damage caused by the careless, malicious, willful, willful or negligent acts of LESSEE or others, and chemical, corrosion or water or corrosion damage from any source, and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE agrees to maintain at its expense the HVAC Unit and 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 by fire or other casualty only excepted, and whenever necessary, to replace light bulbs, plate glass bulbs and other glass thereinglass, acknowledging that the leased premises are now in good order and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will properly control or and vent all solventschemicals, degreasersradioactive materials, smoke, odorsodors and other materials that may be harmful, etc. 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 shall be solely responsible for any damage to plumbing equipment, sanitary lines, lines or any other portion of the building which results from the discharge or use of any acid or corrosive substance by LESSEE. LESSEE shall not but permit the leased premises to be 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. LESSEE will protect any carpet flooring with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any Notwithstanding the foregoing, any increase in heating. ventilating, air conditioning conditioning, plumbing or electrical equipment or electrical capacity, or and any installation and/or or maintenance of any "non-building standard" leasehold improvements or equipment which is necessitated by associated with some specific aspect of LESSEE's use of the leased premises use, whether installed by LESSOR, LESSEE or a prior occupant, shall be LESSEE's sole responsibility, at LESSEE's expense, and subject to LESSOR's prior written consent. All maintenance provided by LESSOR shall be during LESSOR's normal business hours.
Appears in 1 contract
Samples: Helicos Biosciences Corp
Maintenance of Premises. LESSOR will be responsible for Subject to Sections 6 and 7.3 of this Agreement and all structural third-party warranties, Lessee shall pay all costs, expenses, fees and roof maintenance charges incurred in connection with the use or occupancy of the leased premises but specifically excluding damage caused by the carelessPremises, maliciousincluding without limitation, willful, or negligent acts of LESSEE or others, chemical, water or corrosion damage from any source, all costs and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs expenses required to be made by LESSOR unless LESSOR fails 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 same within a reasonable period (taking into consideration the type Premises as required to comply such mandatory obligations. Subject to Sections 6 and 7.3 of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE agrees to maintain this Agreement and all third-party warranties, Lessee shall at all times, at its expense the HVAC Unit own expense, and all other aspects of the leased premises in the same condition as they are at the commencement of the term or as they may be put in during the term of this lease, normal subject to reasonable wear and tear and damage by fire casualty or other casualty only exceptedcondemnation, which are addressed by Section 16 captioned “Destruction of Premises” and Section 17 captioned “Condemnation” respectively, keep the 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 whenever necessaryall Premises maintenance including, to replace light bulbswithout limitation, plate glass 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 Agreement 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 thereindoors and windows broken upon the Premises. Lessee will not overload and will permit no waste, acknowledging 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 leased premises are now in good order pipes and plumbing on the light bulbs and glass wholePremises. If LESSOR so directsLessee shall, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's its sole cost and expense expense, contract with a qualified service company reasonably approved by Lessor for servicing all air conditioningthe periodic maintenance and the repair and replacement, heatingas necessary, ventilatingof the air-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, Lessor may at its option (but shall not be required to) enter the Premises upon three (3) days' prior written notice to Lessee (or at any time in the case of an emergency), and other equipment or other equipment located within or serving put the leased premises. LESSEE will properly control or vent all solventssame in good order, degreasers, smoke, odors, etc. condition and shall not cause the area surrounding the leased premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall 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 acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises to be overloaded, damaged, stripped or defaced, nor suffer any wasterepair, and will not keep animals within the leased premises. LESSEE will protect any carpet cost thereof together with plastic or masonite chair pads under any rolling chairs. Unless heat is provided interest thereon at LESSOR's expense, LESSEE the Default Rate shall maintain sufficient heat become due and payable as Additional Rent to prevent freezing of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, or any installation and/or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use of the leased premises shall be at LESSEE's expense. All maintenance provided by LESSOR shall be during LESSOR's normal business hoursLessor upon written demand.
Appears in 1 contract
Samples: Charter School Lease
Maintenance of Premises. LESSOR will be responsible for all structural and roof maintenance of the leased premises but specifically excluding damage caused by the careless, malicious, willful, or negligent acts of LESSEE or others, chemical, water or corrosion damage from any source, and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. The LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises Leased Premises in the same condition as they are at the commencement of the term Term or as they may be put in during the term Term of this leaseLease, normal reasonable wear and tear and tear, damage by fire or fire, other casualty and eminent domain, and matters for which LESSOR is responsible hereunder only excepted, to provide its own interior janitorial service, to install and maintain its own security system as it considers appropriate and, whenever necessary, to replace light bulbs, plate glass and other glass therein, acknowledging therein with that the leased premises are now in good order and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will properly control or vent all solvents, degreasers, smoke, odors, etc. and shall not cause the area surrounding the leased premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall be solely responsible for any damage to plumbing equipment, sanitary lines, or any other portion of the building which results from same quality as that damaged or injured. LESSOR shall maintain and pay for the discharge or use maintenance of any acid or corrosive substance by LESSEEthe HVAC System servicing the Leased Premises. The LESSEE shall not permit the leased premises Leased Premises to be overloaded, damaged, stripped 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 free of pests, roaches and vermin; to keep all trash garbage and debris stored on the Leased Premises (and not in any other portions of the Building) in adequate covered containers, reasonably approved by LESSOR and placed in locations or areas reasonably approved by LESSOR in writing and to arrange for the regular removal thereof once each day; to provide for the frequent and adequate cleaning of the Leased Premises and all walls, floors, fixtures and equipment therein consistent with its use. LESSOR shall maintain in good condition the structural elements and the roof of the Building, the mechanical equipment and systems in the Building (other than such non-HVAC equipment and systems which are located within or exclusively serve the Leased Premises, and will not keep animals within the leased premises. LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, or any installation and/or maintenance of equipment which is necessitated by some specific aspect of than LESSEE's use maintenance obligations otherwise provided herein), and the common areas of the leased premises shall be at LESSEE's expense. All maintenance provided by LESSOR shall be during LESSOR's normal business hoursBuilding.
Appears in 1 contract
Samples: Rowecom Inc
Maintenance of Premises. LESSOR will be responsible for all structural and roof maintenance of the leased premises and for the normal daytime maintenance of all space heating and cooling equipment, sprinklers, doors, locks, plumbing, and electrical wiring, but specifically excluding damage caused by the careless, malicious, willful, or negligent acts of LESSEE or others, chemical, water or corrosion damage from any sourcesource except Lessor's negligence, and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises in the same condition as they are at the commencement of the term or as they may be put in during the term of this lease, normal wear and tear and damage by fire or other casualty only excepted, and whenever necessary, to replace light bulbs, plate glass and other glass therein, acknowledging that the leased premises are now in good order and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will properly control or vent all solvents, degreasers, smoke, odors, etc. and shall not cause the area surrounding the leased premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall 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 acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises to be overloaded, damaged, stripped or defaced, nor suffer any waste, and will not keep animals within the leased premises. LESSEE will protect If the leased premises include any carpet with plastic wooden mezzanine type space, the floor capacity of such space is suitable only for office use, light storage or masonite chair pads under any rolling chairsassembly work. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, capacity or any installation and/or or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use of the leased premises shall be LESSEE's sole responsibility, at LESSEE's expenseexpense and subject to LESSOR's prior written consent. All maintenance provided by LESSOR shall be during LESSOR's normal business hours, within a reasonable time after notice by LESSEE.
Appears in 1 contract
Samples: Microfinancial Inc
Maintenance of Premises. LESSOR will be Tenant is responsible for all structural and roof maintenance of maintaining the leased premises but specifically excluding damage caused by Premises, except as otherwise provided herein. Tenant, at Tenant's sole expense, shall maintain the careless, malicious, willful, or negligent acts of LESSEE or others, chemical, water or corrosion damage from any source, and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises in the same condition as they are at the commencement of the term or as they may be put in during the term of this lease, normal wear and tear and damage by fire or other casualty only excepted, and whenever necessary, to replace light bulbs, plate glass and other glass therein, acknowledging that the leased premises are now 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 light bulbs and glass wholePremises. If LESSOR so directs, LESSEE Landlord shall enter into a preventive maintenance/service contract acceptable to LESSOR provide Tenant with a maintenance contractor acceptable first year warranty on said systems in the instance of a newly constructed building. Tenant shall make no alterations or additions to LESSOR at LESSEEthe 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 sole cost prior written consent. All alterations or additions made with such consent shall be part of the Premises and expense for servicing all air conditioningthe property of Landlord, heatingsubject to the terms of this Lease unless otherwise provided by the instrument of consent. Tenant's trade fixtures/signage not provided byh Landlord, ventilating, and other equipment or other equipment located within personal property placed on the Premises may be removed by Tenant at any time during the Rental Term; but if installation of any of same in or serving on the leased premises. LESSEE will properly control Premises or vent the removal therefrom of any thereof could deface the Premises, Landlord's written consent to installation must first be procured and, upon removal, all solvents, degreasers, smoke, odors, etc. and shall not cause damage to the area surrounding the leased premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE Premises caused thereby 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 acid or corrosive substance fully repaired promptly by LESSEE. LESSEE shall not permit the leased premises to be overloaded, damaged, stripped or defaced, nor suffer any waste, and will not keep animals within the leased premises. LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided Tenant at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, or any installation and/or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use of the leased premises shall be at LESSEETenant's expense. All maintenance provided by LESSOR There shall be during LESSORno outside storage of any kind whatsoever. Notwithstanding anything to the contrary contained herein, Tenant shall not be responsible for roof or structural maintenance except to the extent the same may be occasioned by Tenant's normal business hoursnegligence.
Appears in 1 contract
Maintenance of Premises. LESSOR will be responsible for all Tenant shall, during the Term, at its sole cost and expense, keep in good repair and maintain the entire Premises in good, clean working order, condition and repair, including, without limitation, the structural and roof maintenance portions of the leased premises but 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 excluding damage caused 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 carelessexpiration of their useful life if replacement has not previously been required hereunder. Notwithstanding the foregoing, maliciousall carpet in the Premises shall have been replaced within the last 5 years prior to the termination of this Lease, willfulwhether by expiration of the Term or otherwise. Landlord shall not have any responsibility to maintain the Premises or any part thereof, whether structural or negligent acts of LESSEE non-structural, interior or othersexterior. Notwithstanding the foregoing, chemicalLandlord shall have the right, water or corrosion damage from any sourcein its sole and absolute discretion, to Initials: /s/ EM /s/ WB 9 inspect the Premises, and Landlord may, in its sole and absolute discretion, perform (or cause Tenant to perform) maintenance and repair of the space heatingPremises. 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 Tenant. Tenant hereby waives all rights under any applicable law, ventilatingrule 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 right to lease the roof and exterior portions of the Premises (together with any and all easements for access thereto) (provided such lease does not materially interfere with Tenant’s signage rights pursuant to Section 24.2) to third parties for the installation of satellite dishes, antenna, billboards, among other things and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR Tenant shall not be deemed entitled to any abatement of Monthly Rent and/or any portion of the revenue from such leases; provided, Tenant shall have breached its obligation the right to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period reasonably approve: (taking into consideration i) the type of repair involvedmaterials and method of attachment, (ii) after receiving written notice from LESSEE the cosmetic impact of any attachment such that it will not negatively impact the marketability of the need therefor. LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises in the same condition as they are at the commencement of the term or as they may be put in during the term of this lease, normal wear and tear and damage by fire or other casualty only exceptedPremises, and whenever necessary(iii) the content, to replace light bulbsso that no disreputable or competitive advertisements are installed. Furthermore, plate glass and other glass therein, acknowledging that the leased premises are now in good order and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will properly control or vent all solvents, degreasers, smoke, odors, etc. and shall not cause the area surrounding the leased premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE Landlord shall be solely responsible for any damage to plumbing equipment, sanitary lines, or and any other portion of the building which results from the discharge or use of any acid or corrosive substance ongoing required maintenance directly caused by LESSEE. LESSEE shall not permit the leased premises to be overloaded, damaged, stripped or defaced, nor suffer any waste, and will not keep animals within the leased premises. LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, or any installation and/or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use of the leased premises shall be at LESSEE's expense. All maintenance provided by LESSOR shall be during LESSOR's normal business hourssuch installation.
Appears in 1 contract
Maintenance of Premises. LESSOR will be responsible for maintenance and replacement (if necessary) of the existing standard heating and cooling equipment serving the office portion of the leased premises and all structural and roof maintenance of the leased premises but specifically excluding damage caused by the careless, malicious, willful, or negligent acts of LESSEE or othersLESSEE, chemical, water or corrosion damage from any source, except caused solely by LESSOR's gross negligence and maintenance of the space heating, ventilating, and cooling units exclusively serving the laboratory portion of the leased premises (collectively, the "Laboratory HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE agrees to maintain and replace at its expense the Laboratory HVAC Unit and maintain all other aspects of the leased premises in the same condition as they are at the commencement of the term or as they may be put in during the term of this lease, normal wear and tear and damage by fire or other casualty only excepted, and whenever necessary, to replace light bulbs, plate glass and other glass therein, acknowledging that the leased premises are now in good order and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will properly control or vent all solvents, degreasers, smoke, odors, etc. and shall not cause the area surrounding the leased premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall 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 acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises to be overloaded, damaged, stripped or defaced, nor suffer any waste, and will not keep animals within the leased premises. LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, or any installation and/or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use of the leased premises shall be at LESSEE's expense. All maintenance provided by LESSOR shall be during LESSOR's normal business hours. LESSOR shall keep in good order, condition, and repair the roof of the Building (including using reasonable efforts to keep the roof water tight), all gutters and downspouts, foundations, exterior (including exterior painting and finish) and structural portions of the Building, all Building systems serving the Building, and all plumbing lines from the point it is brought into the Building to the point it services LESSEE and its leased premises. LESSOR's obligations shall include the obligation to make all necessary repairs, replacements or alterations to the roof, the exterior walls, the foundation, the floor slabs, and all other structural elements of the Building, and to maintain the parking area.
Appears in 1 contract
Samples: Chirex Inc
Maintenance of Premises. LESSOR will be responsible for all structural Tenant shall keep and roof maintenance maintain the interior of the leased premises Premises, including, but specifically excluding damage caused by not limited to, all window blinds, light bulbs, carpeting, tile, built-ins, air filters, the carelessinterior portion of the plumbing connecting Tenant's toilets and other plumbing fixtures to the plumbing lines servicing the Building, maliciousthe wiring and alarm system serving the Premises, willfulall other fixtures and equipment therein and all window casements or frames, or negligent acts of LESSEE or othersplate glass, chemicaldoors and door frames, water or corrosion damage from any sourcelocks, closing devices, and maintenance of the space heatingTenant's signs, ventilating, in good condition and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises in the same condition as they are at the commencement of the term or as they may be put in during the term of this leaseLease, normal reasonable wear and tear excepted. Tenant is responsible for all janitorial services, telephone, computer and damage by fire or other casualty only exceptedcommunications equipment, plumbing and electrical outlet maintenance and repair, air conditioning filters, insurance for building contents, inventory and equipment, and whenever necessaryall other internal general maintenance and repair to the Premises. Tenant shall keep the Premises in the condition required from time to time by all applicable Legal Requirements. Landlord shall maintain and repair the exterior of the Premises (including but not limited to the parking lot and all landscaping), to replace light bulbsthe heating, plate glass ventilating and air-conditioning system, the back-up generator, and all other glass thereinstructural elements of the Building, acknowledging that roof replacement and repair, asphalt maintenance and repair, maintenance and repair of the leased premises are now in good order and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heatingchiller, ventilatingwater tower and backup generator, exterior building paint, all plumbing and sewer lines connecting the Tenant's interior plumbing to the plumbing lines servicing the Building, and other equipment or other equipment located within or serving all replacement of the leased premisesforegoing items if required pursuant to the Master Lease. LESSEE will properly control or vent all solvents, degreasers, smoke, odors, etc. and Landlord shall not cause the area surrounding the leased premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall also be solely responsible for all fees and costs of managing the Building as well as all real estate property taxes for the Building. Notwithstanding the foregoing, Landlord shall not be required or obligated to make any damage to plumbing equipmentsuch repairs necessitated by reason of the negligent or willful action of Tenant or any of its servants, sanitary linesagents, employees, customers, visitors or licensees, or any other portion by reason of the building which results failure of Tenant to perform or observe any terms or provisions hereof, or by reason of any improvements, alterations, additions or changes to the Premises made by Tenant, such repairs being the sole responsibility and obligation of Tenant. Landlord is not responsible for humidity or temperature fluctuations that may be found within the Building or Premises. Tenant agrees to give Landlord written notice of any such needed repairs. If Tenant refuses or neglects to timely make repairs or otherwise maintain the Premises in accordance with the provisions hereof and in a manner satisfactory to Landlord, Landlord shall have the right, but shall not be obligated, to make any or all such repairs or perform any or all such maintenance on behalf of and for the account of Tenant upon giving ten (10) days written notice to Tenant of its intention to do so. In such event, all sums expended and all expenses incurred by Landlord in connection with the foregoing shall be additional rent hereunder, payable on demand, and bearing interest from the discharge date of such expenditure or use incurrence at the rate of eighteen percent (18%) per annum. If Landlord refuses or neglects to timely make repairs or otherwise maintain the Premises in accordance with the provisions hereof, Tenant shall have the right, but shall not be obligated, to make any or all such repairs or perform any or all such maintenance on behalf of and for the account of Landlord upon giving ten (10) days written notice to Landlord of its intention to do so, in which event Tenant shall have the right to deduct the reasonable cost of all such repairs (not including any improvement made as part of the repairs) from the rent thereafter due from Tenant to Landlord. No exercise by Landlord of any acid rights reserved herein shall, except as otherwise herein set forth, entitle Tenant to any damages for any injury to the property or corrosive substance by LESSEE. LESSEE shall not permit the leased premises business of Tenant or inconvenience occasioned thereby nor to be overloaded, damaged, stripped or defaced, nor suffer any waste, and will not keep animals within the leased premises. LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing abatement of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, or any installation and/or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use of the leased premises shall be at LESSEE's expense. All maintenance provided by LESSOR shall be during LESSOR's normal business hoursrent.
Appears in 1 contract
Samples: Vodavi Technology Inc
Maintenance of Premises. LESSOR will be responsible for all structural and roof maintenance of all the leased premises premised, but specifically excluding damage caused by the careless, malicious, willful, or negligent acts of LESSEE or others, chemical, water or corrosion damage from any source, and all maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvementsimprovements installed by or for LESSEE after the Commencement Date. LESSOR "Structure" or "structural" for purposes of this lease shall mean and include only the following: foundation; roof framing (specially excluding, without limitation, the ceiling (of which the underdeck of the roof is not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make considered a part); bearing columns; bearing walls (specially excluding without limitation the same within a reasonable period (taking into consideration interior surfaces thereof), floor slab and subflooring; space heating and cooling equipment; sprinklers; and utility supply lines that serve the type leased premises in common with premises other than the leased premises. The costs of repair involved) after receiving written notice from LESSEE of such maintenance shall be included in the need thereforOperating Costs, as defined under Section 5 hereof. LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises in the same condition as they are at the commencement of the term or as they may be put in during the term of this lease, excepting only (i) normal wear and tear and tear, (ii) damage by fire or other casualty only exceptedcasualty, and (iii) damage caused by the negligent acts or omissions of LESSOR or its agents or contractors, and whenever necessary, to replace light bulbsbulbs and interior glass therein. At LESSEE's request, plate LESSOR will replace interior glass and other glass therein, acknowledging that the leased premises are now in good order and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEEpay LESSOR's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premisesinvoices therefor. LESSEE will properly control or vent all solvents, degreasers, smoke, odors, etc. ., and shall not cause the area surrounding the leased premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall 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 acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises to be overloaded, damaged, stripped or defaced, nor suffer any waste, and will not keep animals within the leased premises. LESSEE will protect any carpet shall, however, have the right to keep a small number of laboratory animals from time to time in accordance with plastic all applicable laws, codes and ordinances or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expensegovernmental permits or licenses, which LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damagefirst obtain. Any increase in air conditioning equipment or electrical capacity, or any installation and/or maintenance of equipment which is necessitated by some specific aspect of LESSEE's change in use of the leased premises from permitted uses shall be at the LESSEE's expense. All maintenance provided by LESSOR shall be during LESSOR's normal business hours; provided that LESSOR shall use commercially reasonable efforts not to materially interfere with LESSEE's use or occupancy of the leased premises, and provided further that janitorial services shall be supplied after normal office hours. LESSOR shall also maintain and repair the common areas and facilities serving the leased premises and Building, including without limitation common walkways, driveways, parking areas and lighting, freight or loading areas, lobbies, hallways, stairways, elevators and ramps in good order and repair, consistent with other first-class office buildings in the north suburban Boston market. To the extent that LESSOR shall receive written notice from any governmental agency having jurisdiction that the Building or the Property is in violation of any applicable law, regulation or ordinance, and such violation does not arise from the LESSEE's breach of this Lease or from LESSEE's specific use of the leased premises, LESSOR shall be responsible for taking such steps as LESSOR may deem commercially reasonable to contest such notice or cure such violation (provided that no contest shall cause LESSEE to incur any criminal or civil liability or substantially impede access to or occupancy of the leased premises).
Appears in 1 contract
Samples: Palomar Medical Technologies Inc
Maintenance of Premises. LESSOR will be responsible for all structural and roof maintenance of the leased premises and for the normal daytime maintenance of all space heating and cooling equipment, sprinklers, doors, locks, plumbing, and electrical wiring, but specifically excluding damage caused by the careless, careless malicious, willful, willful or negligent acts of LESSEE or others, chemical, water or corrosion damage from any source, and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises in the same condition as they are at the commencement of the term or as they may be put in during the term of this lease, normal wear and tear and damage by fire or other casualty only excepted, and whenever necessary, to replace light bulbs, plate glass and other glass therein, acknowledging that the leased premises are now in good order and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will properly control or vent all solvents, degreasers, smoke, odors, etc. and shall not cause the area surrounding the leased premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall 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 acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises to be 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. LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, capacity or any installation and/or or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use of the leased premises shall be LESSEE's sole responsibility, at LESSEE's expenseexpense and subject to LESSOR's prior written consent. All maintenance provided by LESSOR shall be during LESSOR's normal business hours.
Appears in 1 contract
Samples: Anika Therapeutics Inc
Maintenance of Premises. LESSOR will be responsible for all structural and roof maintenance of the leased premises and for the normal daytime maintenance of all space heating and cooling equipment, sprinklers, doors, locks, plumbing, and electrical wiring, but specifically excluding damage caused by the careless, malicious, willful, or negligent acts of LESSEE or others, chemical, water or corrosion damage from any source, and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased leases' premises in the same condition as they are at the commencement of the term or as they may be put in during the term of this lease, normal wear and tear xxxx and damage by fire or other casualty only excepted, and whenever necessary, to replace light bulbs, plate glass and other glass therein, acknowledging that the leased premises are now in good order and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will properly control or vent all solvents, degreasers, smoke, odors, etc. and shall not cause the area surrounding the leased premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE 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 acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises to be 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. LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, capacity or any installation and/or or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use of the leased premises shall be LESSEE's sole responsibility, at LESSEE's expenseexpense and subject to LESSOR's prior written consent. All maintenance provided by LESSOR shall be during LESSOR's normal business hours.
Appears in 1 contract
Samples: Essential Com Inc
Maintenance of Premises. LESSOR will be responsible for all structural 10. Lessee shall, at Lessee's sole cost, keep and maintain the Premises and appurtenances and every part thereof, including but not limited to, glazing, sidewalks, parking areas, plumbing, electrical systems, heating and air conditioning installations, any store front, roof maintenance covering -- unless it is not feasible to repair the existing roof covering and a new roof covering is required, and the interior of the leased premises but specifically excluding damage caused by the carelessPremises in good order, malicious, willful, or negligent acts of LESSEE or others, chemical, water or corrosion damage from any sourcecondition, and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvementsrepair. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE agrees to maintain Lessor at its expense the HVAC Unit and all other aspects of the leased premises in the same condition as they are at the commencement of the term or as they may be put in during the term of this lease, normal wear and tear and damage by fire or other casualty only excepted, and whenever necessary, to replace light bulbs, plate glass and other glass therein, acknowledging that the leased premises are now in good order and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEELessor's sole cost and expense for servicing all air conditioning, heating, ventilatingshall maintain the exterior of the walls, and other equipment or other equipment located within or serving structural portions of the leased premises. LESSEE will properly control or vent all solventsroof, degreasersfoundations, smokewalls, odors, etc. and shall not cause the area surrounding the leased premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall be solely responsible floors except for any damage to plumbing equipment, sanitary lines, or any other portion repairs caused by the wrongful act of the building which results from Lessee and Lessee's agents. The Lessor will replace the discharge or use roof covering if repairs to said covering are not longer economically feasible in the judgment of roofing experts, and provided that said replacement is not made necessary by acts of the Lessee and Lessee's agents. The Lessee shall water, maintain and replace, when necessary, any shrubbery and landscaping provided by the Lessor on the Premises. The Lessee expressly waives the benefits of any acid statute now or corrosive substance by LESSEEhereafter in effect which would otherwise afford the Lessee the right to make repairs at Lessor's expense or to terminate this lease because of Lessor's failure to keep the Premises in good order, conditions or repair. LESSEE shall not permit the leased premises to be overloaded, damaged, stripped or defaced, nor suffer any waste, and will not keep animals within the leased premises. LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, or any installation and/or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use of the leased premises shall be at LESSEE's expense. All maintenance provided by LESSOR shall be during LESSOR's normal business hoursFIRE AND EXTENDED COVERAGE INSURANCE AND SUBROGATION SEE REVISED INSURANCE CLAUSE ATTACHED 2 OF ? 3 REVISED INSURANCE CLAUSE THIS LEASE CLAUSE REPLACES THE INSURANCE CLAUSE (11.) IN THE RENAULT & HANDXXX XXX LEASE FORM.
Appears in 1 contract
Samples: Cidco Inc
Maintenance of Premises. LESSOR will be responsible for all structural and roof maintenance of the leased premises and for the normal daytime maintenance of all space heating and cooling equipment, sprinklers, doors, locks, plumbing and electric wiring, but specifically excluding damage caused by the careless, malicious, willful, or negligent acts of LESSEE or others, chemical, water or corrosion damage from any source, and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises in the same condition as they are at the commencement of the term or as they may be put in during the term of this lease, normal wear and tear and damage by fire or other casualty only exceptedexpected, and whenever necessary, to replace light bulbs, plate glass and other glass therein, acknowledging that the leased premises are now in good order and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will properly control or vent all solvents, solvents degreasers, smoke, odorsodors , etc. and shall not cause the area surrounding the leased premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall be solely responsible for any damage to plumbing equipment, equipment sanitary lines, lines or any other portion of the building which results from the discharge or use of any acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises to be overloaded, damaged, stripped or defaced, nor suffer any waste, and will not keep animals within the leased premisespremises 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. LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, capacity or any installation and/or or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use of the leased premises shall be LESSEE's sole responsibility at LESSEE's expenseexpense and subject to LESSOR's prior written consent. All maintenance provided by LESSOR shall be during LESSOR's normal business hours.
Appears in 1 contract
Samples: 1 (Antigenics Inc /De/)
Maintenance of Premises. LESSOR will be responsible for Tenant(s) agree(s) to keep said premises mowed, watered, trimmed, and free of all structural obstructions, take due precautions against freezing of water and roof maintenance waste pipes and stoppage of same in and about said premises. In the event any plumbing stoppage or freezing occurs, contact the Landlord or Resident Manager immediately. Do not take any steps to repair or clear any pipes until you have contacted the Landlord or Resident Manager. Failure to do so could result in unnecessary expense to you. This is to ensure that the source of and cause of the leased premises but specifically excluding damage problem can be properly assessed and the responsibility for cost of repair properly placed, either with the Tenant(s) or the Landlord. If it is found that the source of the problem is caused by misuse or carelessness on the carelesspart of the Tenant(s), maliciousthe Tenant(s) shall bear the expense for said damage or repairs. Premises (lot boundaries) for your lot are as follows: From the South side of the home North to the South side of the home on Lot 5 and from the East side of the Park drive to the backside of the storage building. 🟉The Park is serviced by individual septic systems. It is the responsibility of Tenant to make sure that all members (Children) of the household, willful, or negligent acts of LESSEE or others, chemical, water or corrosion damage from any sourceguests, and maintenance of invitees, understand and observe the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any following guidelines: WHITE TOILET TISSUE AND HUMAN WASTE ARE THE ONLY ACEPTED WASTE ITEMS TO BE FLUSHED DOWN YOUR TOILETS. Any other non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required biodegradable items are strictly to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type disposed of repair involved) after receiving written notice from LESSEE with your bagged solid wastes in your garbage can. Specifically, do not flush any other items such as baby wipes, “flushable” wipes, any form of the need therefor. LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises in the same condition as they are at the commencement of the term feminine hygiene products, paper towels, diapers, hair, cotton swabs or as they may be put in during the term of this leasecotton balls, normal wear and tear and damage by fire straws, tooth picks, candy wrappers, paints, cigarette butts, cooking oils or other casualty only exceptedgreases, and whenever necessaryDrain-o, to replace light bulbsLiquid Plumber, plate glass and other glass therein, acknowledging that the leased premises are now in good order and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will properly control or vent all solvents, degreasers, smoke, odors, etc. and shall not cause the area surrounding the leased premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall be solely responsible for any damage to plumbing equipment, sanitary linescondoms, or any other portion of such items. Do not put cooking oils or grease down the building which results from the discharge or use of any acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises to be overloaded, damaged, stripped or defaced, nor suffer any waste, and will not keep animals within the leased premises. LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, or any installation and/or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use of the leased premises shall be at LESSEE's expense. All maintenance provided by LESSOR shall be during LESSOR's normal business hourssink drains.
Appears in 1 contract
Samples: Rental Agreement
Maintenance of Premises. LESSOR will be responsible for all structural and roof maintenance of the leased premises and for the normal daytime maintenance of all space heating and cooling equipment, sprinklers, doors, locks, plumbing, and electrical wiring, but specifically excluding damage caused by the careless, malicious, willful, or negligent acts of LESSEE LESSEE* or others, chemical, water or corrosion damage from any source, ,** and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "“non-building standard" ” leasehold improvements, whether installed by LESSOR, LESSEE or a prior occupant. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE LXXXXX agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises in the same condition as they are at the commencement of the term or as they may be put in with LXXXXX’s written consent during the term of this lease, normal wear and tear and damage by fire or other casualty only excepted, and whenever necessary, to replace light bulbs, plate glass bulbs and other glass thereinglass, acknowledging that the leased premises are now in good order and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost all times property control and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will properly control or vent all solvents, degreasers, radioactive materials, smoke, odors, etc. and any other materials that may be harmful, and shall not cause the area surrounding the leased premises or any other common area as defined below to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. 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 acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises to be 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. LESSEE will protect any carpet with plastic or masonite Masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's ’s expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, or any installation and/or or maintenance of equipment which is necessitated by some specific aspect of LESSEE's ’s use of the leased premises premises, whether installed by LESSOR, LESSEE or a prior occupant, shall be LESSEE’s sole responsibility, at LESSEE's expenseLXXXXX’s expense and subject to LXXXXX’s prior written consent. All maintenance provided by LESSOR shall be during LESSOR's ’s normal business hours.. *, its agents, employees or invitees **except LXXXXX’s negligence
Appears in 1 contract
Maintenance of Premises. LESSOR will be responsible for all structural and roof maintenance of the leased premises and for the normal daytime maintenance of all space heating and cooling. equipment, sprinklers, doors, locks, plumbing and electrical wiring, but specifically excluding damage caused by the careless, malicious, willful, or negligent acts of LESSEE or others, chemical, water or corrosion damage from any source, and arid maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises in the same condition as they are at the commencement of the term or as they may be put in during the term of this lease, normal wear and tear and damage by fire or other casualty only excepted, and whenever necessary, to replace light bulbs, plate glass and other glass therein, acknowledging that the leased premises are now in good order and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will properly control or vent all solvents, degreasers, smoke, odors, etc. and shall not cause the area surrounding the leased premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall 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 acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises to be 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. If the leased premises are carpeted or partially carpeted. LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, or any installation and/or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use of the leased premises shall be at LESSEE's expense. All maintenance provided by LESSOR shall be during LESSOR's normal business hours.
Appears in 1 contract
Samples: Anika Therapeutics Inc
Maintenance of Premises. LESSOR will be responsible for all structural and roof maintenance of the leased premises but specifically excluding damage caused by the careless, malicious, willful, or negligent acts of LESSEE or others, chemical, water or corrosion damage from any source, and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. The LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises in the same condition as they are at the commencement of the term or as they may be put in during the term of this leaseLease, normal reasonable wear and tear and tear, damage by fire or and other casualty only excepted, and whenever necessary, to replace light bulbs, plate glass and other glass therein, acknowledging that the leased premises are now in good order order. Maintenance and routine repairs of the light bulbs mechanical systems, including heating and glass whole. If LESSOR so directscooling systems, LESSEE shall enter into a preventive be the sole responsibility of the LESSEE, including but not limited to necessary repairs and replacement, maintenance/service contract acceptable to LESSOR , adjustment, changing of filters, spring and fall servicing and any other costs associated with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense keeping the equipment in good running order, [except for servicing all air conditioning, the replacement of the entire heating, ventilatingcooling or mechanical 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 other equipment or other equipment located within or serving the leased premisespay for routine maintenance and parts and preventive care to keep said systems in good operating order. LESSEE Failure to so maintain these systems on a periodic basis will properly control or vent all solvents, degreasers, smoke, odors, etc. and shall not cause the area surrounding the leased premises LESSEE to be responsible in anything other than the event that the entire system should fail as a neat and clean condition, depositing all waste in appropriate receptaclesproximate result of such neglect or failure to maintain. 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 acid or corrosive substance by LESSEE. The LESSEE shall not permit the leased premises to be overloaded, damaged, stripped stripped, or defaced, nor suffer any waste, and will not keep animals within . LESSEE shall obtain written consent of the leased LESSOR before erecting any sign on the premises. LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expense, LESSEE The LESSOR shall maintain sufficient heat in good order and condition the foundation, roof, structural components, common areas, grounds, sidewalks, driveway and parking areas of the building and lot area of which the premises are a part. The LESSOR represents that to prevent freezing the best of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, or any installation and/or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use his knowledge the mechanical systems of the leased premises shall be at LESSEE's expense. All maintenance provided by LESSOR shall be during LESSOR's normal business hourshave been maintained in good order and repair.
Appears in 1 contract
Samples: First Marblehead Corp
Maintenance of Premises. LESSOR will be responsible for all structural and roof maintenance of the leased premises but specifically excluding damage caused by the careless(a) The Lessee agrees at its sole expense, malicious, willful, or negligent acts of LESSEE or others, chemical, water or corrosion damage from any source, and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises Premises in the same condition in which they exist as they are at the commencement of the term Commencement Date, as improved by the Lessor or as they may be put the Lessee, including the maintenance, repair and replacement (subject to Section 11(b) and Exhibit B) of all mechanical, electrical, HVAC, plumbing, life safety and other building systems within the Premises serving the Premises, in during the term of this lease, normal good condition reasonable wear and tear and tear, damage by fire or and other casualty and condemnation only excepted, and which maintenance shall require, without limiting the generality of the foregoing, 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, to replace light bulbs, plate glass and other glass therein, acknowledging that the leased premises are now in good order and the light bulbs and glass wholethereon. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will properly control or vent all solvents, degreasers, smoke, odors, etc. and The Lessee shall not cause permit, to the area surrounding extent within the leased premises to be in anything other than a neat and clean conditionreasonable control of Lessee, depositing all waste in appropriate receptacles. 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 acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises Premises to be overloaded, damaged, stripped 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 will the Term is not keep animals 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 leased premises. LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expenselater 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, LESSEE shall maintain sufficient heat to prevent freezing in the event the Lessee has already exercised its third Extension Option, within thirty (30) days after the completion of pipes or other damagesuch system replacement. Any increase dispute relating to this paragraph shall be resolved by binding arbitration conducted in air conditioning equipment or electrical capacity, or any installation and/or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use accordance with the rules of the leased premises 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 be at LESSEE's expenseselect an arbitrator with construction dispute experience and such arbitrators shall select a third arbitrator with construction dispute experience to conduct the arbitration. All maintenance provided by LESSOR Each party shall be during LESSOR's normal business hoursbear its own arbitration costs and shall equally share the cost of the arbitrator.
Appears in 1 contract
Samples: Lease (Abiomed Inc)
Maintenance of Premises. LESSOR will be responsible for all structural and roof maintenance of the leased premises and for the normal daytime maintenance of all space heating and cooling equipment, sprinklers, doors, locks, plumbing, and electrical wiring, but specifically excluding damage caused by the careless, malicious, willful, or negligent acts of LESSEE or others, chemical, water or corrosion damage from any source, and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises in the same condition as they are at the commencement of the term or as they may be put in during the term of this lease, normal wear and tear and damage by fire or other casualty only excepted, and whenever necessary, to replace light bulbs, plate glass and other glass therein, acknowledging that the leased premises are now in good order and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will properly control or vent all solvents, degreasers, smoke, odors, etc. and shall not cause the area surrounding the leased premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall 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 acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises to be 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. LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, capacity or any installation and/or or maintenance of equipment which is necessitated by try some specific aspect of LESSEE's use of the leased premises shall be LESSEE's sole responsibility, at LESSEE's expenseexpense and subject to LESSOR's prior written consent. All maintenance provided by LESSOR shall be during LESSOR's normal business hours.
Appears in 1 contract
Samples: Sequenom Inc
Maintenance of Premises. Except as otherwise provided below, LESSOR will be responsible for all the good structural and roof maintenance of the entire Building, its common areas, parking areas and structural components in the leased premises and for the good maintenance of the roof, heating and cooling equipment, doors, locks, plumbing and electrical wiring, but specifically excluding damage caused by the careless, malicious, willful, willful or negligent acts of LESSEE or others, chemical, water or corrosion damage from any source, and maintenance except as a result of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need thereforLESSOR’s acts or omissions. LESSEE agrees to maintain at its expense the HVAC Unit and all other non-structural 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 leaseLease, normal wear and tear and tear, damage by fire or fire, other casualty or LESSOR’s breach of its Lease obligations only excepted, and whenever necessary, to replace light bulbs, plate glass and other glass therein, acknowledging that . All waste from the leased premises are now in good order and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will properly control or vent all solvents, degreasers, smoke, odors, etc. and shall not cause the area surrounding the leased premises to be in anything other than a neat and clean condition, depositing all waste deposited in appropriate receptacles. LESSEE shall be solely responsible for any damage to plumbing equipment, sanitary lines, lines or any other portion of the building Building which results solely from the improper discharge or use of any acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises to be overloaded, damaged, stripped or defaced, nor suffer any waste, and will not keep animals within the leased premises. LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase in heating, ventilating, air conditioning conditioning, plumbing or electrical equipment or electrical capacity, or and any installation and/or or maintenance of any “non-building standard” leasehold improvements or equipment which is necessitated by associated with some specific aspect of LESSEE's use of the leased premises ’s use, whether installed by LESSOR, LESSEE or a prior occupant, shall be be, except as otherwise provided in this Lease, LESSEE’s sole responsibility, at LESSEE's ’s expense, and subject to LESSOR’s prior written consent. All maintenance provided by LESSOR shall be during LESSOR's ’s normal business hourshours except in an emergency. If LESSOR shall fail to make any repairs which LESSOR shall be required to make under this Lease or is otherwise in default of its obligations, and if such repairs shall not be made by LESSOR or such default cured within thirty (30) days after written notice from LESSEE setting forth the need for such repairs or other LESSOR action (or such shorter period of time as shall be reasonable under the circumstances, in the event of an emergency, or in the event the failure to make the repair shall cause damage to the leased premises, or interference with LESSEE’s business operations), which notice shall advise LESSOR of LESSEE’s intention to make such repairs on LESSOR’s behalf, then, if such repairs are not timely made by LESSOR, LESSEE shall be permitted to make such repairs on behalf, and for the account, of LESSOR, and LESSEE shall be permitted to offset the reasonable cost of such repairs together with the highest legal rate of interest against all rent and additional rent due under the Lease.
Appears in 1 contract
Samples: Commercial Lease (Carbonite Inc)
Maintenance of Premises. Except as otherwise provided below, LESSOR will be responsible for all the structural and roof maintenance of the leased premises and for maintenance of the roof, landscaping, heating and cooling equipment, sprinklers, doors, locks, plumbing and electrical wiring, but specifically excluding damage caused by the careless, malicious, willful, willful or negligent acts of LESSEE or othersits agents, chemicalemployees or invitees, and chemical corrosion or water or corrosion damage from any source, and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvementssource except LESSOR’s negligence. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE XXXXXX agrees to maintain at its expense the HVAC Unit and 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 by fire or other casualty only out excepted, and whenever necessary, necessary to replace light bulbs, plate glass bulbs and other glass thereinglass, acknowledging that the leased premises are now will be in good order and the light bulbs and glass wholewhole upon delivery by LESSOR. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will properly control or and vent all solventschemicals, degreasersradioactive materials, smoke, odorsodors and other materials that may be harmful, etc. and shall not cause the area surrounding the leased premises or any other common area to be in In anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall be solely responsible for any damage to plumbing equipment, sanitary lines, lines or any other portion of the building which results from the discharge or use of any acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises to be 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, tight storage or assembly work. LESSEE will protect any carpet flooring with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's XXXXXX’s expense, LESSEE shall shag maintain sufficient heat to prevent freezing of pipes or other damage. Any Notwithstanding the foregoing, any increase in heating, ventilating, air conditioning conditioning, plumbing or electrical equipment or electrical capacity, or and any installation and/or or maintenance of any “non-building standard” leasehold improvements or equipment which is necessitated by associated with some specific aspect of LESSEE's use of the leased premises ’s use, whether installed by XXXXXX, LESSEE or a prior occupant, shall be LESSEE’s sole responsibility at LESSEE's LESSEES expense, and subject to LESSOR’s prior written consent. All maintenance provided by LESSOR shall be during LESSOR's ’s normal business hours.
Appears in 1 contract
Samples: Commercial Lease (Myriant Corp)
Maintenance of Premises. LESSOR will be responsible for all structural UWSP/SPASH shall daily maintain and roof maintenance keep the locker-rooms, restrooms and equipment in good repair and in a clean, sanitary and safe condition. CITY shall have the right to repair any item of the leased premises but specifically excluding damage caused by the careless, malicious, willful, equipment which is damaged or negligent acts of LESSEE or others, chemical, water or corrosion damage from any sourcebecomes defective, and maintenance to replace any item of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises in the same condition as they are at the commencement of the term or as they may be put in equipment which is destroyed during the term of this the lease, normal wear . UWSP/SPASH shall reimburse the CITY for the total cost of labor and tear and damage by fire or other casualty only excepted, and whenever necessary, to replace light bulbs, plate glass and other glass therein, acknowledging materials including fringe benefits thereof upon request of the CITY. UWSP/SPASH shall store all trash in the containers provided for that the leased premises are now in good order and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will properly control or vent all solvents, degreasers, smoke, odors, etc. purpose and shall not cause empty containers on a daily basis ( or more often as required at the area surrounding location indicated by the leased premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. 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 acid or corrosive substance by LESSEE. LESSEE CITY.) UWSP/SPASH shall not permit any debris to remain or obstruct, or to exist on or about the leased premises locker-rooms/ restrooms. Cleaning locker-rooms and cleaning supplies to maintain daily clean, sanitary and safe conditions of locker-rooms shall be provided by UWSP/SPASH. UWSP/SPASH is responsible for supplying own replacement lamps in each stated locker-room. UWSP/SPASH shall dispose of own toxic/hazardous containers and must keep on hand material safety data sheets. The CITY will provide routine and ordinary cleaning of restrooms and showers. If determined by CITY that restrooms/shower conditions are beyond ordinary and routine condition; extra clean-up charges will be billed to UWSP/SPASH on a monthly basis.; time and material to be overloadedincluded. Therefore UWSP/SPASH has a responsibility to have refuge sorted properly. If not sorted properly, damaged, stripped trash will become the user’s responsibility to dispose of and/ or defaced, nor suffer any waste, the CITY will impose an additional charge for the time and will not keep animals within material to correct the leased premisesproblem. LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat The CITY shall make a determination as to culpability for excess cleaning and assessed costs between licenses for those items the licensee is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, or any installation and/or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use of the leased premises shall be at LESSEE's expense. All maintenance provided by LESSOR shall be during LESSOR's normal business hoursresponsible for above.
Appears in 1 contract
Samples: Willett Arena Locker Room Agreement
Maintenance of Premises. LESSOR will Except as set forth in the last paragraph of this Paragraph 6, Tenant shall be responsible for maintaining all structural interior and roof maintenance exterior portions of the leased premises but specifically excluding damage caused by the carelessPremises, maliciousincluding without limitation, willfulall mechanical systems i.e. plumbing, electrical, lighting or other mechanical systems, components, or negligent acts of LESSEE or othersleasehold improvements under this Lease, chemicalin good condition and repair, water or corrosion damage from any sourceexcept for reasonable wear and tear. Tenant shall also be responsible for maintaining all landscaping on the Premises (including, but not limited to mowing all lawns on the Premises), for all snow removal, and maintenance for all repairs for broken glass, painting, decorating, clean up and light bulbs. Tenant shall, upon the expiration of the space heatingTerm of this Lease or any extension thereof, ventilatingdeliver the Building and Premises, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises in the same as good condition as they are at the commencement of the term or as they may be put in during the term of this leasereceived, normal except for reasonable wear and tear tear, and damage by fire or other casualty only exceptedcasualty. 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 whenever necessaryair- 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 replace light bulbsthe extent caused by the willful or negligent acts or omissions of the Tenant, plate glass and other glass thereinor Tenant's agents or employees in, acknowledging that on or about the leased premises are now Premises. Tenant shall not create any openings in good order and the light bulbs and glass wholeroof 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. If LESSOR so directsExcept as otherwise provided herein, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR Tenant, at LESSEETenant's sole cost and expense 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, improvements or alterations shall be commenced until Tenant has first satisfied the requirements set forth in Paragraph 11 hereof. Notwithstanding anything to the contrary, Landlord will be responsible for servicing the structural elements of the roof, foundation and all air conditioningother mechanical equipment within the building including but not limited to, the boilers, all heating, ventilatingventilation and air conditioning equipment. Said responsibility of Landlord is subject to Tenant properly maintaining the mechanical elements in accordance with recommended maintenance schedule and procedures provided by the equipment manufacturers. All warranties obtained by Landlord shall be assigned to Tenant. In addition, Landlord shall repair and other equipment or other equipment located within or serving maintain, at Landlord's sole cost and expense, the leased premises. LESSEE will properly control or vent all solvents, degreasers, smoke, odors, etc. and asphalt surface of the parking lot for a period of two (2) years from the Beginning Date (this shall not cause the area surrounding the leased premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall be solely responsible affect Tenant's responsibility for any damage to plumbing equipment, sanitary lines, or any other portion of the building which results snow removal from the discharge or use of any acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises to be overloaded, damaged, stripped or defaced, nor suffer any waste, and will not keep animals within the leased premises. LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, or any installation and/or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use of the leased premises shall be at LESSEE's expense. All maintenance provided by LESSOR shall be during LESSOR's normal business hourssuch parking lots).
Appears in 1 contract
Samples: Building Lease (Sonic Foundry Inc)
Maintenance of Premises. LESSOR will be responsible for all structural and roof maintenance of the leased premises Leased Premises and for the normal maintenance of all heating and cooling equipment, doors, locks, plumbing, electrical wiring, and the parking areas and exterior lighting fixtures but specifically excluding damage caused by the careless, malicious, willful, or negligent acts of LESSEE or othersits agents, chemicalemployees or visitors, water or corrosion damage from any source, and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises Leased Premises in the same condition as they are at the commencement of the term or as they may be put in during the term of this leaseLease, normal wear and tear and damage by fire or other casualty only excepted, and whenever . Whenever necessary, to LESSEE shall replace light bulbs, plate glass and other glass therein, acknowledging that the leased premises Leased Premises are now in good order and the light bulbs and glass whole. If LESSOR so directswhole as of the Term Commencement Date, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost ensure that the Leased Premises and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will properly control or vent all solvents, degreasers, smoke, odors, etc. and shall not cause the area surrounding the leased premises to be are kept in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. , and LESSEE shall be solely responsible responsible, at its expense, for any damage to plumbing equipment, sanitary lines, or any other portion the cleaning of the building which results Leased Premises and the removal of all its trash and waste from the discharge or use of any acid or corrosive substance by LESSEE. Property, LESSEE shall not permit the leased premises Leased Premises to be overloaded, damaged, stripped or defaced, nor suffer any waste, and will not keep animals within the leased premises. LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, or any installation and/or mechanical maintenance of equipment which is necessitated by some specific aspect of LESSEE's use of the leased premises Leased Premises shall be at LESSEE's expense. expense unless included within the Initial Improvements or unless otherwise agreed to in writing by LESSOR, All maintenance provided by LESSOR shall shall,. to the extent practicable, be accomplished during LESSOR's normal business hours.
Appears in 1 contract
Samples: Ties Agreement (BGS Systems Inc)
Maintenance of Premises. Except as otherwise provided below, LESSOR will be responsible for all the structural and roof maintenance of the leased premises and for maintenance, repair and replacement, if necessary, of the roof, landscaping, sprinklers, doors, locks, plumbing and electrical wiring, foundations, walls, building-standard HVAC system serving the office portion of the leased premises, and all of LESSOR's other standard building systems, including all pipes, vents, conduits, connections and other components thereof, but specifically excluding damage caused by the carelesswillful or __________ LESSOR __________ LESSEE negligent acts of LESSEE, maliciousits agents, willfulemployees 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, replacements or maintenance following notice from LESSEE, LESSOR shall fail to undertake such repairs, replacements or maintenance and such failure by LESSOR prevents LESSEE or others, chemical, water or corrosion damage from any source, and maintenance of the space heating, ventilating, and cooling units exclusively serving using the leased premises for its intended purposes for more than thirty (collectively30) consecutive days (or such longer period provided LESSOR shall diligently undertake to make such repairs) following written notice of such required repair, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR replacement or maintenance from LESSEE (although such notice shall not be deemed to have breached its obligation to required if there is an emergency), LESSEE may make the repairs required repair, replacement or maintenance and LESSOR shall pay the reasonable out-of-pocket costs thereof to be made by LESSOR unless LESSOR fails to make the same LESSEE within thirty (30) days after receipt of a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need just invoice therefor. LESSEE agrees to maintain at its expense the HVAC Unit and 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 by fire or other from casualty and condemnation only excepted, and whenever necessary, to replace light bulbs, plate glass bulbs and other glass thereinglass, acknowledging that the leased premises are now will be in good order and the light bulbs and glass wholewhole upon delivery by LESSOR. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will properly control or and vent all solventschemicals, degreasersradioactive materials, smoke, odorsodors and other materials that may be harmful, etc. 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, lines or any other portion of the building which results from the discharge or use of any acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises to be overloaded, damaged, stripped or defaced, nor suffer any waste, and will not keep animals within the leased premises. LESSEE will protect If the leased premises include any carpet with plastic wooden mezzanine-type space, the floor capacity of such space is suitable only for office use, light storage or masonite chair pads under any rolling chairsassembly work. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damagedamage in the leased premises. Any Notwithstanding the foregoing, any increase in heating, ventilating, air conditioning conditioning, plumbing or electrical equipment or electrical capacity, or and any installation and/or or maintenance of any "non-building standard" leasehold improvements or equipment which is necessitated by associated with some specific aspect of LESSEE's use of the leased premises 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 Lessee Work (as such terms are defined in Paragraph H of the Rider to Lease), subject to LESSOR's prior written consent, which consent shall not be unreasonably withheld or delayed. All maintenance provided by LESSOR shall be during LESSOR's normal business hours.
Appears in 1 contract
Samples: BioVex Group, Inc.
Maintenance of Premises. LESSOR will be responsible for all structural and roof maintenance of the leased premises and for the normal daytime maintenance of all space heating and cooling equipment, sprinklers, doors, locks, plumbing, and electrical wiring, but specifically excluding damage caused by the careless, malicious, willful, or negligent acts of LESSEE or others, chemical, water or corrosion damage from any source, and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises in the same condition as they are at the commencement of the term or as they may be put in during the term of this lease, normal wear and tear and damage by fire or other casualty only excepted, and whenever necessary, to replace light bulbs, plate glass and other glass therein, acknowledging that the leased premises are now in good order and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will properly control or vent all solvents, degreasers, smoke, odors, etc. and shall not cause the area surrounding the leased premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall 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 acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises to be overloaded, damaged, stripped or defaced, nor suffer any waste, and will not keep animals animal 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. LESSEE will protect any carpet with plastic or masonite chair pads under any rolling roiling chairs. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, capacity or any installation and/or or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use of the leased premises shall be LESSEE's sole responsibility, at LESSEE's expenseexpense and subject to LESSOR's prior written consent. All maintenance provided by LESSOR shall be during LESSOR's normal business hours.
Appears in 1 contract
Samples: Alpha Technologies Group Inc
Maintenance of Premises. LESSOR will be responsible for all structural 10. Lessee shall, at Lessee’s sole cost, keep and roof maintenance maintain the interior of the leased premises Premises and every part thereof, including but specifically excluding damage caused 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 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 careless, malicious, willful, negligence or negligent acts of LESSEE or others, chemical, water or corrosion damage from any source, and maintenance wrongful act of the space heatingLessee or Lessee’s agents, ventilatingemployees, contractors or other invitees. Lessor shall, at Lessor’s expense (but subject to reimbursement by Lessee as provided below), maintain, repair and cooling units exclusively serving (if necessary in the leased premises judgment of Lessor’s experts) replace the roof covering, HVAC systems, electrical and plumbing systems, fire sprinkler system (collectivelyif any), the "HVAC Unit") landscaping, parking lot surface, exterior lighting, exterior paint and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE other portions of the need therefor. LESSEE agrees to maintain at its expense Premises outside the HVAC Unit and all other aspects interior of the leased premises in the same condition as they are at the commencement of the term or as they may be put in Building (“Lessor’s Maintenance Services”) during the term of this leaseLease, normal wear and tear and damage as may be extended. Lessee shall reimburse Lessor as Additional Rent the cost incurred by Lessor in performing Lessor’s Maintenance Services, within thirty (30) days after delivery of invoice from Lessor; provided, however, that (except where repair or replacement of the parking lot surface, landscaping, exterior lighting, exterior paint, roof or HVAC or fire sprinkler system are necessitated by the negligence, misuse or wrongful act of the Lessee or Lessee’s agents, employees, contractors or other casualty only exceptedinvitees, 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 which exceeds $25,000) of the foregoing shall be amortized over the useful life thereof (as determined in Lessor’s reasonable judgment), and whenever necessaryLessee 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 interest equal to replace light bulbsthe sum of the “prime rate” charged on business loans by Wxxxx Fargo Bank, plate glass and other glass thereinN.A., acknowledging that plus three percent (3%). Lessee expressly waives the leased premises are 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 because of Lessor’s failure to keep the Premises in good order and the light bulbs and glass whole. If LESSOR so directsorder, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment condition or other equipment located within or serving the leased premises. LESSEE will properly control or vent all solvents, degreasers, smoke, odors, etc. and shall not cause the area surrounding the leased premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall 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 acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises to be overloaded, damaged, stripped or defaced, nor suffer any waste, and will not keep animals within the leased premises. LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, or any installation and/or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use of the leased premises shall be at LESSEE's expense. All maintenance provided by LESSOR shall be during LESSOR's normal business hoursrepair.
Appears in 1 contract
Samples: Iridex Corp
Maintenance of Premises. LESSOR will A. The LESSEE shall be responsible for all structural and roof maintenance of the leased premises but specifically excluding damage caused by the careless, malicious, willful, or negligent acts of LESSEE or others, chemical, water or corrosion damage from any source, and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises in the same condition as they are at the commencement of the term hereof, or as they may be put in during the term of this leasesaid term, normal reasonable wear and tear and tear, damage by fire or and other casualty only excepted, excepted and whenever necessary, to replace light bulbs, plate glass and other glass therein, acknowledging that the leased premises are now or shall be placed in good order by the LESSEE at the LESSEE’S expense and the light bulbs and glass whole. If LESSOR so directs, LESSEE This maintenance shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost include snow and expense for servicing all air conditioning, heating, ventilating, ice removal from sidewalks and other equipment or other equipment located within or serving the leased premises. LESSEE will properly control or vent all solvents, degreasers, smoke, odors, etc. and shall not cause the area surrounding doorways in front of the leased premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall be solely responsible for any damage to plumbing equipment, sanitary lines, or any other portion the keeping of the building which results from area within the discharge or use demised premises and surrounding the demised premises clean and free of any acid or corrosive substance by LESSEEall debris, rubbish, paper etc. The LESSEE shall not permit the leased premises to be overloaded, damageddamage, stripped or defaced, 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 will not 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 animals within the leased premisespremises in a clean condition. LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expense, The LESSOR shall have the right to terminate this LEASE forthwith if the LESSEE shall maintain sufficient heat to prevent freezing receive a Board of pipes or other damage. Any increase in air conditioning equipment or electrical capacityHealth violation notice, or any installation and/or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use not rectified to the satisfaction of the leased premises shall be at Town of Amherst Board of Health within two weeks of the LESSEE's expense’S receipt of said notice. All maintenance provided by The LESSOR shall be 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 LESSOR's normal business hoursthe term of this LEASE.
Appears in 1 contract
Samples: Lease
Maintenance of Premises. LESSOR 10. Except to the extent made the obligation of Lessor under this Lease, Lessee shall, at Lessee’s sole cost, keep and maintain the Premises and appurtenances 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 sole discretion from time to time, then after fifteen (15) days after Lessor’s notice to Lessee to cure such breach (or such longer period, not to exceed thirty (30) days, as may reasonably be necessary for Lessee to cure such breach, as long as Lessee promptly commences such cure and thereafter diligently prosecutes such cure to completion) and Lessee’s failure to cure such breach within such cure period, Lessor may make such repairs or do such maintenance at Lessee’s expense and Lessee shall pay the reasonable, out-of-pocket cost thereof as additional rent; provided, however, that if the cost of any repairs or replacements to the plumbing or electrical system will exceed Fifteen Thousand Dollars ($15,000), are of a capital nature (as opposed to repairs that are normally expensed rather than capitalized under applicable tax rules), and are not necessitated by the acts (excluding normal wear and tear) of the Lessee or Lessee’s agents or employees (in which event Lessee shall be responsible to perform and pay for all such repairs or replacements, subject to Section 11.5 concerning waiver of subrogation rights), then Lessor shall instead perform such repairs and replacements, and the costs thereof shall be amortized and payable monthly by Lessee as Additional Rent in accordance with the amortization procedures set forth below in this paragraph 10. Lessor shall, at Lessor’s cost and expense, without right of reimbursement from Lessee, maintain the structural and roof maintenance integrity of the leased premises but specifically excluding damage caused 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 careless, malicious, willful, negligence or negligent acts of LESSEE or others, chemical, water or corrosion damage from any source, and maintenance wrongful act of the space heatingLessee or Lessee’s agents or employees, ventilatingsubject to Section 11.5 concerning waiver of subrogation rights. Subject to Section 11.5 concerning waiver of subrogation rights, Lessor shall, at Lessor’s expense (but subject to reimbursement by Lessee as provided below), maintain, repair and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises if necessary in the same condition as they are at reasonable judgment of Lessor’s experts) replace the commencement of the term or as they may be put in roof covering, HVAC system, fire sprinkler system (if any), landscaping, parking lot surface, exterior lighting and exterior paint (“Lessor’s Maintenance Services”) during the term of this leaseLease, as may be extended. Lessee shall reimburse Lessor as Additional Rent the cost incurred by Lessor in performing Lessor’s Maintenance Services, within thirty (30) days after receipt of invoice from Lessor; provided, however, that (except where replacement of the parking lot surface, landscaping, roof or HVAC or fire sprinkler system components are necessitated by the acts of the Lessee or Lessee’s agents or employees (excluding normal wear and tear tear), in which event Lessee shall pay the costs thereof in a lump sum within thirty (30) days after receipt of written demand and damage by fire supporting documentation), subject to Section 11.5 concerning waiver of subrogation rights, costs of replacement or other casualty only exceptedrepairs of the foregoing if such repairs cost more than Ten Thousand Dollars ($10,000) and are of a capital nature (as opposed to repairs that are normally expensed rather than capitalized under applicable tax rules) shall be amortized over the useful life thereof (as determined in accordance with the Internal Revenue Service useful life schedules), and whenever necessaryLessee 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 interest equal to replace light bulbsthe sum of the “prime rate” charged on business loans by Xxxxx Fargo Bank, plate glass and other glass thereinN.A., acknowledging that plus three percent (3%), until the leased premises are earlier of the expiration of the Term or the expiration of the useful life of the improvement at issue. 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 because of Lessor’s failure to keep the Premises in good order and the light bulbs and glass whole. If LESSOR so directsorder, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment condition or other equipment located within or serving the leased premises. LESSEE will properly control or vent all solvents, degreasers, smoke, odors, etc. and shall not cause the area surrounding the leased premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall 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 acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises to be overloaded, damaged, stripped or defaced, nor suffer any waste, and will not keep animals within the leased premises. LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, or any installation and/or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use of the leased premises shall be at LESSEE's expense. All maintenance provided by LESSOR shall be during LESSOR's normal business hoursrepair.
Appears in 1 contract
Samples: Lease (Mobileiron, Inc.)
Maintenance of Premises. LESSOR will be responsible for all structural and roof maintenance of the leased premises and for the normal daytime maintenance of all space heating and cooling equipment, sprinklers, doors, locks, plumbing, and electrical wiring, but specifically excluding damage caused by the careless, malicious, willful, or negligent acts of LESSEE or others, chemical, water or corrosion damage from any source, and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises in the same condition as they are at the commencement of the term or as they may be put in during the term of this lease, normal wear and tear and damage by fire or other casualty only excepted, and whenever necessary, to replace light bulbs, plate glass and other glass therein, acknowledging that the leased premises are now in good order and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will properly control or vent all solvents, degreasers, smoke, odors, etc. and shall not cause the area surrounding the leased premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall 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 acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises to be 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. LESSEE will shall protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, or any installation and/or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use of the leased premises shall be at LESSEE's expense. All maintenance provided by LESSOR shall be during LESSOR's normal business hours.
Appears in 1 contract
Samples: Boston Communications Group Inc
Maintenance of Premises. LESSOR will Subject to Landlord's obligations under Section 5.01, Article 7 and Article 8, Tenant, at its sole cost and expense, shall maintain, repair and replace in good condition the Premises and all portions thereof and all improvements and systems serving the Premises, including, without limitation, plumbing, paving, water and sewer lines up to points of common connection, fire sprinklers and fire protection systems, entries, doors, ceilings, TPO roof and 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 be responsible for all structural performed by Tenant, at Tenant's expense, using contractors reasonably approved by Landlord. Heating, ventilation and roof air conditioning ("HVAC") systems and other mechanical and building systems serving the Premises shall be maintained at Tenant's expense pursuant to maintenance service contracts entered into and kept in full force and effect during the Lease Term by Tenant. 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 to any part of the leased premises but specifically excluding Premises that results from damage caused by Tenant, its employees, agents, contractors or invitees and any repair that benefits only the careless, malicious, willful, Premises. If any present or negligent acts of LESSEE future improvements to the Premises are made or others, chemical, water or corrosion damage from any source, and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required authorized to be made by LESSOR unless LESSOR fails Tenant, its employees or agents, and such improvements shall encroach upon any property or street adjacent to make the same within a reasonable period (taking into consideration Premises or shall violate any agreement or condition contained in any restrictive covenant affecting or applicable to the type Premises or shall impair the rights of repair involved) after receiving written notice from LESSEE others under any easement or right-of-way to which the Premises are subject then, upon request of the need therefor. LESSEE agrees to maintain Landlord, Tenant, at its expense the HVAC Unit and all other aspects of the leased premises in the same condition as they are at the commencement of the term or as they may be put in during the term of this lease, normal wear and tear and damage by fire or other casualty only excepted, and whenever necessary, to replace light bulbs, plate glass and other glass therein, acknowledging that the leased premises are now in good order and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioningexpense, heatingshall take such action as shall be necessary to remove such encroachments or end such violation or impairment. Notwithstanding the foregoing, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will properly control or vent all solvents, degreasers, smoke, odors, etc. and Tenant shall not cause be required to remove any such encroachments if Tenant has or obtains such easements, licenses or similar rights as may be necessary to permit such encroachments to remain. It is the area surrounding intention of Landlord and Tenant that, at all times during the leased premises to be Lease Term, Tenant shall maintain the Premises in anything other than a neat an attractive, first-class and clean fully operative condition, depositing all waste in appropriate receptacles. LESSEE shall be solely responsible for any damage to plumbing equipmentconsistent with similar manufacturing, sanitary lines, or any other portion of the building which results from the discharge or use of any acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises to be overloaded, damaged, stripped or defaced, nor suffer any waste, distribution and will not keep animals within the leased premises. LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, or any installation and/or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use of the leased premises shall be at LESSEE's expense. All maintenance provided by LESSOR shall be during LESSOR's normal business hourswarehouse facilities.
Appears in 1 contract
Samples: Lease Agreement (SunOpta Inc.)
Maintenance of Premises. LESSOR will be responsible for all structural and roof maintenance LESSEE shall pay its proportionate share of the leased premises but specifically excluding damage caused by the careless, malicious, willful, or negligent acts of LESSEE or others, chemical, water or corrosion damage from any source, expenses and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvementsservices set out in Paragraph 5 above. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. The LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises Leased Premises in the same condition as they are at the commencement of the term Term or as they may be put in during the term Term of this leaseLease, normal reasonable wear and tear and tear, damage by fire or fire, other casualty and eminent domain, and matters for which LESSOR is responsible hereunder only excepted, to provide its own interior janitorial service, to install and maintain its own security system as it considers appropriate and, whenever necessary, to replace light bulbs, plate glass and other glass therein, acknowledging therein with that of the leased premises are now in good order and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment same quality as that damaged or other equipment located within or serving the leased premises. LESSEE will properly control or vent all solvents, degreasers, smoke, odors, etc. and shall not cause the area surrounding the leased premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptaclesinjured. LESSEE shall be solely responsible maintain and LESSEE shall pay for any damage to plumbing equipment, sanitary lines, or any other portion the maintenance of the building which results from HVAC System servicing the discharge or use of any acid or corrosive substance by LESSEELeased Premises. The LESSEE shall not permit the leased premises Leased Premises to be overloaded, damaged, stripped 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 or delayed. LESSEE further covenants and agrees: to take all reasonably necessary actions to insure that smoke, fumes, vapors and odors will not permeate any building containing the Leased Premises and will be removed only through the exhaust and ventilating system servicing the Leased Premises; to keep the Leased Premises free of pests, roaches and vermin; to keep all trash garbage and debris stored on the Leased Premises (and not in any other portions of the Lot or the 16 Building) in adequate covered containers, approved by LESSOR and placed in locations or areas approved by LESSOR in writing and to arrange for the regular removal thereof once each day; to provide for the frequent and adequate cleaning of the Leased Premises and all walls, floors, fixtures and equipment therein consistent with its use. LESSOR shall maintain in good condition the structural elements and the roof of the Building, the mechanical equipment and systems in the Building (other than such equipment and systems which are located within or exclusively serve the Leased Premises, and will not keep animals within the leased premises. LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, or any installation and/or maintenance of equipment which is necessitated by some specific aspect of than LESSEE's use maintenance obligations otherwise provided herein), and the common areas of the leased premises shall be at LESSEE's expense. All maintenance provided by LESSOR shall be during LESSOR's normal business hoursBuilding.
Appears in 1 contract
Samples: Net Genesis Corp
Maintenance of Premises. LESSOR LXXXXX will be responsible for all structural and roof maintenance of the leased premises and for the normal day time maintenance of all space heating and cooling equipment, sprinklers, doors, locks, plumbing, and electrical wiring, but specifically excluding damage caused by the careless, malicious, willful, or negligent acts of LESSEE or others, and chemical, corrosion, or water or corrosion damage from any source, and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE LXXXXX agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises in the same condition as they are at the commencement of the term or as they may be put in with LXXXXX’s written consent during the term of this lease, normal wear and tear and damage by fire or other casualty only excepted, and whenever necessary, to replace light bulbs, plate glass bulbs and other glass thereinglass, acknowledging that the leased premises are now in good order and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will times properly control or and vent all solvents, degreasers, radioactive materials, smoke, odors, etc. and any other materials that may be harmful, and shall not cause the area surrounding the leased premises or any other common area as defined below to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. 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 acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises to be 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. LESSEE will protect any carpet with plastic or masonite Masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's ’s expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, or any installation and/or or maintenance of any “non-building standard” leasehold improvements or equipment which is necessitated by some specific aspect of LESSEE's ’s use of the leased premises premises, whether installed by LESSOR, LESSEE or a prior occupant, shall be LESSEE’s sole responsibility, at LESSEE's LXXXXX’s expense, and subject to LXXXXX’s prior written consent. All maintenance provided by LESSOR shall be during LESSOR's ’s normal business hours.
Appears in 1 contract
Samples: Lease (Opgen Inc)
Maintenance of Premises. LESSOR will be responsible for all structural and roof maintenance of the leased premises and for the normal daytime maintenance of all space heating and cooling equipment, sprinklers, doors, locks, plumbing, and electrical wiring, but specifically excluding damage caused by the careless, malicious, willful, or negligent acts of LESSEE or others, chemical, water or corrosion damage from any source, and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises in the same condition as they are at the commencement of the term or as they may be put in during the term of this lease, normal wear and tear and damage by fire or other casualty only excepted, and whenever necessary, to replace light bulbs, plate glass and other glass therein, acknowledging that the leased premises are now in good order and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will properly control or vent all solvents, degreasers, smoke, odors, etc. and shall not cause the area surrounding the leased premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall 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 acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises to be 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. LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's LESSORS expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, capacity or any installation and/or or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use of the leased premises shall be LESSEE's sole responsibility, at LESSEE's expenseexpense and subject to LESSOR's prior written consent. All maintenance provided by LESSOR shall be during LESSOR's normal business hours.
Appears in 1 contract
Samples: Cardiotech International Inc
Maintenance of Premises. LESSOR will be responsible for all structural and roof maintenance of the leased premises including, without limitation, that required in connection with the roof, exterior walls, floor slabs, and common areas, and for the normal daytime maintenance of all space heating and cooling equipment, sprinklers, doors, locks, plumbing, and electrical wiring, but specifically excluding damage caused by the careless, malicious, willful, or negligent acts of LESSEE LESSEE, its agents, employees, or othersinvitees, chemical, water or corrosion damage from any source, source except LESSOR's negligence and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the any "HVAC Unit") and of any non "non-building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made , whether installed by LESSOR unless LESSOR fails to make the same within LESSOR, LESSEE or a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need thereforprior occupant. LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises in the same condition as they are at the commencement of the 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 by fire or other casualty only excepted, and whenever necessary, to replace light bulbs, plate glass bulbs and other glass thereinglass, acknowledging that the leased premises are now in good order and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will times properly control or and vent all solvents, degreasers, radioactive materials, smoke, odors, etc. and any other materials that may be harmful, and shall not cause the area surrounding the leased premises or any other common area as defined below to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. 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 acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises to be 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. LESSEE will protect any carpet with plastic or masonite Masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, or any installation and/or or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use of the leased premises premises, whether installed by LESSOR, LESSEE or a prior occupant, shall be LESSEE's sole responsibility, at LESSEE's expenseexpense and subject to LESSOR's prior written consent. All maintenance provided by LESSOR shall be during LESSOR's normal business hours.
Appears in 1 contract
Samples: Eyetech Pharmaceuticals Inc
Maintenance of Premises. LESSOR will shall be responsible for all structural and roof maintenance of the leased premises [ILLEGIBLE] maintenance of all space heating and cooling equipment, sprinklers, doors, locks, plumbing, and electrical wiring, but specifically excluding damage caused by the careless, malicious, willful, willful or negligent acts of LESSEE or others, chemical, water or corrosion damage from any source, and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "non-building standard" standard leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made , whether installed by LESSOR unless LESSOR fails to make the same within LESSOR, LESSEE or a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need thereforprior occupant. LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises in the same condition as they are at the commencement of the 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 by fire or other casualty only excepted, and whenever necessary, necessary to replace light bulbs, plate glass bulbs and other glass thereinglass, acknowledging that the leased premises are now in good order and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will times properly control or and vent all solvents, degreasers, radioactive materials, smoke, odors, etc. and any other materials that may be harmful, and shall not cause the area surrounding the leased premises or any other common area as defined below to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. 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 acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises to be overloaded, damaged, stripped or defaced, nor suffer any waste, and will not keep animals within the leased premises. If the leased premises include an wooden mezzanine type space, the floor capacity of such space is suitable only for office use, light storage or assembly work. LESSEE will protect any carpet with plastic or masonite Masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, or any installation and/or or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use of the leased premises premises, whether installed by LESSOR, LESSEE or a prior occupant, shall be LESSEE's sole responsibility, at LESSEE's expenseexpense and subject to LESSOR's prior written consent. All maintenance provided by LESSOR shall be during LESSOR's normal business hours.
Appears in 1 contract
Samples: Constellation 3d Inc
Maintenance of Premises. LESSOR will be responsible for all structural and roof maintenance of the leased premises premises, including, without limitation, [illegible] structural floor slabs and columns, and exterior windows, and for all maintenance and repair of the common areas of the building, all space heating (b. illegible)and cooling equipment, sprinklers, doors, locks, plumbing, and electrical wiring, but specifically excluding damage caused by the careless, malicious, willful, or negligent acts of LESSEE or othersLESSEE, chemical, water or corrosion damage from any source, source,(c. illegible) and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE agrees to maintain at its expense the HVAC Unit and all other non-structural aspects of the leased premises in the same condition as they are at the commencement of the term or as they may be put in during the term of this lease, normal wear and tear and damage by fire or other casualty only excepted, and whenever necessary, to replace light bulbs, plate glass and other glass therein, acknowledging that the leased premises are now in good order and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will properly control or vent all solvents, degreasers, smoke, odors, etc. and shall not cause the area surrounding the leased premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall 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 acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises to be overloaded, damaged, stripped or defaced, nor suffer any waste, and will not keep animals within the leased premises. If the leased premises includes any wooden mezzanine type space, the floor capacity of such space is suitable only for office use, light storage or assembly work. If the leased premises are carpeted or partially carpeted, LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damagedamage subject to LESSOR's obligations to maintain and repair the heating system. Any increase in air conditioning equipment or electrical capacity, capacity or any installation and/or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use of the leased premises shall be at LESSEE's expense. All maintenance and repair provided by LESSOR shall be during LESSOR's normal business hours.
Appears in 1 contract
Samples: Scriptgen Pharmaceuticals Inc
Maintenance of Premises. LESSOR will be responsible for all structural and roof maintenance of the leased premises and for the normal daytime maintenance of all space heating and cooling equipment, sprinklers, doors, locks, plumbing, and electrical wiring, but specifically excluding damage caused by the careless, malicious, willful, or negligent acts of LESSEE or others, chemical, water or corrosion damage from any source, and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the any "HVAC Unit") and of any non "non-building standard" leasehold improvements, whether installed by LESSOR, or LESSEE. LESSOR shall not be deemed See Rider to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need thereforLease, Paragraph KK. LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises in the same condition as they are at the commencement of the 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 by fire or other casualty only excepted, and whenever necessary, to replace light bulbs, plate glass bulb and other glass thereinglass, acknowledging that the leased premises are now in good order and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost all times properly cover and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will properly control or vent all solvents, degreasers, radioactive materials, smoke, odors, etc. and any other materials that may be harmful, and shall not cause the area surrounding the leased premises or any other common area as defined below to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. 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 acid or corrosive substance by from LESSEE. LESSEE shall not permit the leased premises to be 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. LESSEE will protect any carpet with plastic or masonite Masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any Except for installation of those items outlined in the attached exhibits, any increase in air conditioning equipment or electrical capacity, or any installation and/or or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use of the leased premises premises, whether installed by LESSOR, LESSEE or a prior occupant, shall be LESSEE's sole responsibility, at LESSEE's expenseexpense and subject to LESSOR's prior written consent. All maintenance provided by LESSOR shall be during LESSOR's normal business hours.
Appears in 1 contract
Samples: Interliant Inc
Maintenance of Premises. LESSOR will be responsible for all structural and roof maintenance of Except as otherwise provided herein, Lessee, at Lessee's sole expense, shall maintain the leased premises but specifically excluding damage caused by the careless, malicious, willful, or negligent acts of LESSEE or others, chemical, water or corrosion damage from any source, and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises in the same condition as they are at the commencement of the term or as they may be put in during the term of this lease, normal wear and tear and damage by fire or other casualty only excepted, and whenever necessary, to replace light bulbs, plate glass and other glass therein, acknowledging that the leased premises are now Premises in good order and condition and make all repairs and replacements to the light bulbs Building (except those which are the responsibility of Lessor), parking areas adjacent to the Building, the sidewalks, curbs and glass wholeall areas used in connection with the operation of the Premises. If LESSOR so directsLessor shall, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost throughout the initial rental term and expense for servicing all air conditioningany renewal term, heatinghave the obligation of maintaining the roof, ventilatingfoundation, 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 alterations or additions made with such consent shall be part of the Premises and the property of Lessor, subject to the terms of this Lease unless otherwise provided by the instrument of consent. Lessee's trade fixtures, equipment or other equipment located within 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 or serving on the leased premises. LESSEE will properly control Premises or vent the removal therefrom of any thereof causes damage to the Premises, all solvents, degreasers, smoke, odors, etc. and shall not cause the area surrounding the leased premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE such damage 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 acid or corrosive substance fully repaired promptly by LESSEE. LESSEE shall not permit the leased premises to be overloaded, damaged, stripped or defaced, nor suffer any waste, and will not keep animals within the leased premises. LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided Lessee at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, or any installation and/or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use of the leased premises shall be at LESSEELessee's expense. All maintenance provided by LESSOR Lessor agrees that Lessee may and shall be during LESSORpermitted to erect either a free standing or facade sign on the Premises identifying the location of Lessee's normal business hoursfacility, provided the sign is acceptable to the Town of Kirkwood and reasonably acceptable to Lessor.
Appears in 1 contract
Maintenance of Premises. LESSOR It is further agreed that the tenant will not suffer, or permit anything to be responsible for all structural and roof maintenance done in or about the premises, which will contravene the policy of insurance against loss by fire or increase the leased premises but specifically excluding damage fire insurance rate, or keep any gasoline or other combustibles on said premises. In the event fire is caused by the careless, malicious, willful, or negligent acts of LESSEE or others, chemical, water or corrosion damage from any source, and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectivelytenant’s negligence, the "HVAC Unit") 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 of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE agrees to maintain at its expense the HVAC Unit and condition, keep all other aspects 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 same condition as they are grass will result in a fine of $30 per occurrence or the car(s) will be towed at the commencement of tenant’s expense. Failure to pay the term fine or as they may be put in during the term towing fee will constitute non- compliance with the terms of this lease. RESPONSIBILITY FOR REPAIRS: Any repairs made necessary due to the negligence of the tenant or their licensees, invitees, 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 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 connections. The tenant is advised to obtain insurance by the phone company to cover the cost of any 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 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 and or damage by fire fire, storm, or other casualty only exceptedpublic enemies. There should be no trash or debris left in or around premises including attic, and whenever necessaryyard, to replace light bulbs, plate glass and other glass therein, acknowledging that the leased premises are now in good order and the light bulbs and glass wholeor garage. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will properly control or vent all solvents, degreasers, smoke, odors, etc. and shall not cause the area surrounding the leased premises The house is to be broom-swept and mopped, with no broken windows, holes in anything other than a neat and clean conditionwalls, depositing all waste in appropriate receptacles. 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 acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises to be overloaded, damaged, stripped or defaced, nor suffer any waste, and will not keep animals within the leased premises. LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase in air conditioning equipment or electrical capacityThe tenants hereby agree to clean all window blinds, or any installation and/or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use the refrigerator, stove, sink, kitchen counters, kitchen cabinets, and the fixtures and tile of the leased premises shall bathroom. In general, the house should be as 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 lease. If the property is not sufficiently cleaned one week prior to the tenants moving out, the landlord will arrange for a professional house cleaning service to clean the property at LESSEE's the tenant’s expense. All maintenance provided by LESSOR shall The tenants will also be during LESSOR's normal business hoursresponsible for any vandalism to property even after vacating said premises until such time as all keys are returned to the landlord. A $75.00 charge will be assessed for each key not returned to Landlord on last day of the contract or the agreed move-out date, whichever is first.
Appears in 1 contract
Samples: Residential Lease Agreement
Maintenance of Premises. LESSOR will be responsible for all structural and roof maintenance Section 16.01 Landlord warrants that as of the leased premises but specifically excluding damage caused by Commencement Date, all building systems servicing the carelessPremises and the Common Areas, maliciousincluding sprinklers, willfulHVAC, or negligent acts of LESSEE or otherselectric, chemicalplumbing, water or corrosion damage from any sourcetelephone, sewer, water, security, lighting, and maintenance of fans, shall be in good working order (subject to the space heatinglimitation on liability set forth with respect to such warranty in Exhibit C). Landlord shall repair, ventilating, replace and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises in the same condition as they are at the commencement of the term or as they may be put in during the term of this lease, normal wear and tear and damage by fire or other casualty only excepted, and whenever necessary, to replace light bulbs, plate glass and other glass therein, acknowledging that the leased premises are now in good order and condition the light bulbs and glass whole. If LESSOR so directsstructural portions of the Building (i.e., LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioningfoundation, heatingload bearing walls, ventilatingexterior walls, and other equipment or other equipment located within or serving roof) and the leased premisesCommon Areas. LESSEE will properly control or vent all solvents, degreasers, smoke, odors, etcLandlord 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. and shall not cause the area surrounding the leased premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE All replacements shall be solely responsible for of equal quality and class to the original items replaced. Tenant waives the provisions of any damage to plumbing equipment, sanitary lineslaw, 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 have the right to offset the amount of such judgment against Rent as it becomes due so long as such amount, together with all other portion amounts being offset against Rent under any provisions of this Lease shall not exceed twenty-five percent (25%) of the building which results from Base Rent due for such month. Any excess will carry over to future months, subject to the discharge or use of any acid or corrosive substance by LESSEEcap, until fully recovered. LESSEE shall not permit Notwithstanding the leased premises foregoing to be overloadedthe contrary, damaged, stripped or defaced, nor suffer any wasteTenant, and will not keep animals Landlord, shall be obligated to make any repairs or, at Landlord’s election, to reimburse Landlord for costs incurred to make such repairs, 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 leased premises. LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing definition of pipes or other damage. Any increase Expenses in air conditioning equipment or electrical capacity, or any installation and/or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use of the leased premises shall be at LESSEE's expense. All maintenance provided by LESSOR shall be during LESSOR's normal business hoursArticle 1.
Appears in 1 contract
Samples: Lease (Microphase Corp)
Maintenance of Premises. LESSOR will Tenant shall at all times keep the interior non-structural elements of the Premises (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, but not limited to, doing such things as are necessary to cause the 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 same together with an administrative fee of ten percent (10%) to the next installment of Minimum Monthly Rent due hereunder to be repaid in full. Landlord shall not be obligated to make repairs, 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 of which shall be Tenant's responsibility, but Tenant shall give Landlord prompt written notice of any accident, casualty, damage or other similar occurrence in or to the Premises or the Common Areas of which Tenant has knowledge. Unless caused by the acts or omissions of Tenant or its agents, employees, contractors, subcontractors, consultants or representatives, Tenant shall have no responsibility to perform or construct, any repair, maintenance or improvements (i) necessitated by the acts or omissions of Landlord or its agents, employees, contractors or representatives, (ii) to the electrical, mechanical, HVAC, water, sewer, plumbing and elevator systems serving the portions of the Building other than the Premises, or (v) outside the demising walls and storefront of the Premises. Tenant shall be responsible for all structural and roof maintenance of the leased premises but specifically excluding damage caused by the carelesselectrical, maliciousmechanical, willfulHVAC, or negligent acts of LESSEE or otherslife-safety, chemicalwater, water or corrosion damage from any sourcesewer, and maintenance plumbing systems that service the Premises including the connection of such systems to Landlord's main drains or distribution points. Tenant shall provide its own uninterrupted power supply for the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises in the same condition as they are at the commencement of the term or as they may be put in during the term of this lease, normal wear and tear and damage by fire or other casualty only excepted, and whenever necessary, to replace light bulbs, plate glass and other glass therein, acknowledging that the leased premises are now in good order and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will properly control or vent all solvents, degreasers, smoke, odors, etc. and shall not cause the area surrounding the leased premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall 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 acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises to be overloaded, damaged, stripped or defaced, nor suffer any waste, and will not keep animals within the leased premises. LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, or any installation and/or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use of the leased premises shall be at LESSEE's expense. All maintenance provided by LESSOR shall be during LESSOR's normal business hoursPremises.
Appears in 1 contract
Samples: Lease Agreement (Allied Esports Entertainment, Inc.)
Maintenance of Premises. LESSOR will be responsible for all structural Section 16.01 Landlord shall repair and roof maintenance of the leased premises but specifically excluding damage caused by the careless, malicious, willful, or negligent acts of LESSEE or others, chemical, water or corrosion damage from any source, and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises in the same condition as they are at the commencement of the term or as they may be put in during the term of this lease, normal wear and tear and damage by fire or other casualty only excepted, and whenever necessary, to replace light bulbs, plate glass and other glass therein, acknowledging that the leased premises are now in good order and condition, ordinary wear and tear excepted, the light bulbs and glass whole. If LESSOR so directsstructural portions of the Building (i.e., LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioningfoundation, heatingload bearing walls, ventilatingexterior walls, and other equipment or other equipment located within or serving roof) and the leased premisesCommon Areas. LESSEE will properly control or vent all solventsLandlord also agrees to repair and maintain in good order and condition, degreasersordinary wear and tear excepted, smokethe HVAC Units comprising a part of the Landlord Improvements, odors100% 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, etc. and shall not cause the area surrounding the leased premises aggregate amount required to be paid by Tenant in anything other than a neat any one year for such maintenance and clean condition, depositing all waste repair of the HVAC Units in appropriate receptacles. LESSEE excess of the payments made under any maintenance agreement (the “Maintenance Agreement Payments”) shall be solely responsible 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 damage to plumbing equipment, sanitary lineslaw, 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 have the right to offset the amount of such judgment against Rent as it becomes due so long as such amount, together with all other portion amounts being offset against Rent under any provisions of this Lease shall not exceed twenty-five percent (25%) of the building which results from the discharge or use of any acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises to be overloaded, damaged, stripped or defaced, nor suffer any waste, and will not keep animals within the leased premises. LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damageBase Rent due for such month. Any increase in air conditioning equipment or electrical capacityexcess will carry over to future months, or any installation and/or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use of subject to the leased premises shall be at LESSEE's expense. All maintenance provided by LESSOR shall be during LESSOR's normal business hourscap, until fully recovered.
Appears in 1 contract
Samples: Lease (Cara Therapeutics, Inc.)
Maintenance of Premises. LESSOR will be responsible for all structural and roof maintenance of the leased premises and for the normal daytime maintenance of all space heating and cooling equipment, sprinklers, doors, locks, plumbing, and electrical wiring, but specifically excluding damage caused by the careless, malicious, willful, or negligent acts of LESSEE or others, chemical, water or corrosion damage from any source, and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises in the same condition as they are at the commencement of the term or as they may be put in during the term of this lease, normal wear and tear and damage by fire or other casualty only excepted, and whenever necessary, to replace light bulbs, plate glass and other glass therein, acknowledging that the leased premises promises are now in good order and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will properly control or vent all solvents, degreasers, smoke, odors, etc. and shall not cause the area surrounding the leased premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall 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 acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises to be overloaded, damaged, stripped or defaced, nor suffer any waste, and will not keep animals within the leased premises. If the leased premises includes any wooden mezzanine type space, the floor capacity of such space is suitable only for office use, light storage or assembly work. LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's 'S expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, or any installation and/or maintenance of equipment which is necessitated by some specific aspect of LESSEE's 'S use of the leased premises shall be at LESSEE's 'S expense. All maintenance provided by LESSOR shall be during LESSOR's normal business hours.
Appears in 1 contract
Samples: Locateplus Holdings Corp
Maintenance of Premises. LESSOR will be responsible for all structural and roof maintenance of the leased premises [insert addendum 9a] and for the normal daytime maintenance of all space heating and cooling equipment, sprinklers, doors, locks, plumbing, and electrical wiring, but specifically excluding damage caused by the careless, malicious, willful, or negligent acts of LESSEE or others[insert addendum 9b], chemical, water or corrosion damage from any sourcesource [insert addendum 9c], and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises in the same condition as they are at the commencement of the term or as they may be put in during the term of this lease, normal wear and tear [insert addendum 9d], other taking by eminent domain and damage by fire or other casualty only excepted, and whenever necessary, to replace light bulbs, plate glass and other glass therein, acknowledging that the leased premises are now in good order and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premiseswhole [insert addendum 9e]. LESSEE will properly control or vent all solvents, degreasers, smoke, odors, etc. and shall not cause e the area surrounding the leased premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall 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 acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises to be 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. LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, capacity or any installation and/or or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use of the leased premises shall be LESSEE's sole responsibility, at LESSEE's expenseexpense and subject to LESSOR's prior written consent. All maintenance provided by LESSOR shall be during LESSOR's normal business hourshours [insert addendum 9f].
Appears in 1 contract
Samples: Booktech Com Inc
Maintenance of Premises. LESSOR will be responsible for all structural and roof maintenance of the leased premises but specifically excluding damage caused by the careless(a) The Lessee agrees at its sole expense, malicious, willful, or negligent acts of LESSEE or others, chemical, water or corrosion damage from any source, and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises Premises in the same condition in which they exist as they are at the commencement of the term Full Occupancy Date, as improved by the Lessor or as they may be put in during the term Lessee, including the maintenance, repair and replacement of this leaseall mechanical, normal electrical, HVAC, plumbing and other building systems within the Premises serving exclusively the Premises, reasonable wear and tear and tear, damage by fire or and other casualty and condemnation only excepted, and which maintenance shall require, without limiting the generality of the foregoing, 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, to replace light bulbs, plate glass and other glass therein, acknowledging that the leased premises are now in good order and the light bulbs and glass wholethereon. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will properly control or vent all solvents, degreasers, smoke, odors, etc. and The Lessee shall not cause permit, to the area surrounding extent within the leased premises to be in anything other than a neat and clean conditionreasonable control of Lessee, depositing all waste in appropriate receptacles. 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 acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises Premises to be overloaded, damaged, stripped 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 the replacement of any building system during the Original Term of this Lease, unless the Lessee's neglect of its maintenance or repair obligations has necessitated such replacement. Notwithstanding the foregoing provisions to the contrary, Lessee shall further not be responsible for any damages or repairs resulting from the willful acts or negligence of Lessor and will Lessee shall not keep animals within the leased premises. LESSEE will protect be required to make any carpet with plastic repairs or masonite chair pads under pay for any rolling chairs. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, or any installation and/or maintenance of equipment damages which is necessitated covered by some specific aspect of LESSEE's use of the leased premises shall be at LESSEE's expense. All maintenance provided insurance maintained by LESSOR shall be during LESSOR's normal business hoursLessor.
Appears in 1 contract
Samples: Abiomed Inc
Maintenance of Premises. LESSOR will be responsible for all the structural (including the roof and roof exterior facade of the building) maintenance of the leased premises premises. LESSOR at LESSEE'S expense shall be responsible for the normal day time maintenance of all sprinklers, plumbing, septic and electrical wiring, but specifically excluding damage damaged caused by the careless, malicious, willful, or negligent acts of LESSEE or others, chemical, water or corrosion damage from any source, and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvements. LESSOR LESSEE at LESSEE's expense shall not be deemed to have breached its obligation to make responsible for the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type maintenance of repair involved) after receiving written notice from LESSEE of the need thereforall heating and cooling equipment. LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises in the same condition as they are at the commencement of the term or as they may be put in during the term of this lease, normal wear and tear and damage by fire or other casualty only excepted, and whenever necessary, to replace light bulbs, plate glass and other glass therein, acknowledging that the leased premises are now in good order and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will properly control or vent all solvents, degreasers, smoke, odors, etc. and shall not cause the area surrounding the leased premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall 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 acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises to be overloaded, damaged, stripped or defaced, nor not 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. If the leased premises are carpeted or partially carpeted, LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, or any installation and/or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use of the leased premises shall be at LESSEE's expense. All maintenance provided by LESSOR shall be during LESSOR's normal business hourshours except in a case of emergency.
Appears in 1 contract
Maintenance of Premises. LESSOR will Except as otherwise provided in in this Lease, Landlord shall be responsible for all exterior and structural and roof maintenance of the leased premises but specifically excluding Premises (including without limitation exterior plate glass), the maintenance and repair (structural and otherwise) of the Building, including without limitation the roof, roof membrane, and foundation of the Building of which the Premises are a part, and for the maintenance, repair and replacement of all common areas serving the Premises and Landlord’s heating and cooling equipment, doors, locks, plumbing, and electrical wiring, and other Building systems serving the Premises and common areas of the Building; except for damage caused by the careless, malicious, willful, or negligent acts of LESSEE or othersTenant, and chemical, water or corrosion damage from any sourcesource within the control of Tenant. All maintenance provided by Landlord shall be performed in accordance with industry standards for comparable buildings and as reasonably required at Landlord’s discretion and except for emergencies, during Landlord’s normal business hours and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "building standard" leasehold improvementsafter 24 hours prior notice to Tenant. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE Tenant agrees to maintain at its expense the HVAC Unit and all other aspects non-structural elements and components of the leased premises Premises in the same condition as they are at the commencement of the term or as they may be put in during the term of this leaseCommencement Date, normal wear and tear and damage by fire or other casualty only excepted, and whenever necessary, to replace light bulbsbulbs (after the first six months of the term), interior plate glass and other glass thereinof the Premises, acknowledging that the leased premises Premises as of the Effective Date are now in good order and the light bulbs and glass whole. If LESSOR so directsTenant shall be responsible for the periodic inspection and maintenance of all laboratory specific mechanical equipment in the Premises throughout the Lease Term, LESSEE and shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR (at LESSEE's its sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving expense) retain the leased premisesservices of an outside third party maintenance contractor approved by Landlord toward this end. LESSEE Tenant will properly control or vent all solvents, degreasers, smoke, odors, etc. and the like and shall not cause the area surrounding the leased premises Premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. 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 acid or corrosive substance by LESSEE. LESSEE Tenant shall not permit the leased premises Premises to be overloaded, damaged, stripped or defaced, nor suffer any waste, and will not keep animals within waste of the leased premises. LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damagePremises. Any increase in air conditioning equipment or electrical capacity, or any installation and/or maintenance which is the responsibility of equipment Landlord and which is necessitated by some specific aspect of LESSEE's Tenant’s negligent or reckless use of the leased premises Premises shall be at LESSEE's Tenant’s expense. All maintenance provided by LESSOR Tenant shall be solely responsible for maintenance and operation of any and all of its systems installed by the Tenant and shall waive any and all claims against Landlord for any damage, impairment, or loss relative to these systems unless such damage is caused by the acts or negligent or reckless acts of Landlord. If and to the extent Tenant reduces or suspends its operations from the Premises during LESSOR's normal business hoursthe Term of this Lease, Tenant shall nevertheless be responsible to monitor the same on a regular basis (not less than semi-weekly) to ensure it is secure and clean, and that there are no leaks, or dangerous or hazardous conditions. Landlord shall provide its standard security system into the Building. Tenant shall be responsible, at its election, for installation, monitoring, maintenance and repair of its own security system into the Premises from the adjacent common areas, and to coordinate the means of emergency access into the Premises with Landlord; Landlord to reasonably cooperate with Tenant to the extent reasonably possible (without additional cost to Landlord).
Appears in 1 contract
Samples: smlouvy.gov.cz
Maintenance of Premises. LESSOR will be responsible for 10. Lessee shall, at Lessee's sole cost, keep and maintain the Premises and appurtenances and every part thereof, including but not limited to, glass and glazing, plumbing and electrical systems, any store front and all structural and roof maintenance components of the leased premises but specifically excluding damage caused interior of the Premises in good order, condition, and repair. Lessor shall, at Lessor's cost and expense, maintain the structural integrity of the 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 careless, malicious, willful, negligence or negligent acts of LESSEE or others, chemical, water or corrosion damage from any source, and maintenance wrongful act of the space heatingLessee or Lessee's agents or employees, ventilatingLessor shall (but subject to reimbursement by Lessee as provided below), maintain, repair and cooling units exclusively serving (if necessary in the leased premises judgment of Lessor's experts) replace with like-forlike replacements the roof covering, HVAC system, fire sprinkler system, sewer system, emergency power generator, landscaping. sidewalks, parking lot surface and exterior paint (collectively, the "HVAC UnitLessor's Maintenance Services") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises in the same condition as they are at the commencement of the term or as they may be put in during the term of this leaseLease, normal wear as may be extended. Lessee shall reimburse Lessor as Additional Rent the cost incurred by Lessor in performing Lessor's Maintenance Services, within thirty (30) days after receipt of invoice from Lessor; provided, however, that (except where replacement of the roof covering, HVAC system, fire sprinkler system, sewer system, emergency power generator, landscaping, sidewalks, parking lot surface and tear and damage exterior paint are necessitated by fire the negligent or other casualty only exceptedwillful acts of the Lessee or Lessee's agents or employees, in 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, and whenever necessaryLessee 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 interest equal to replace light bulbsthe sum of the "prime rate" charged on business loans by Xxxxx Fargo Bank, plate glass N.A., plus three percent (3%); and other glass thereinprovided further that, acknowledging as to Lessor's Maintenance Services that benefit the leased premises are Building and the Adjacent Building, the Lessee's share of such costs shall be a portion equitably allocated to the Premises, in Lessor's reasonable judgment. 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 because of Lessor's failure to keep the Premises in good order and the light bulbs and glass whole. If LESSOR so directsorder, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment condition or other equipment located within or serving the leased premises. LESSEE will properly control or vent all solvents, degreasers, smoke, odors, etc. and shall not cause the area surrounding the leased premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall 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 acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises to be overloaded, damaged, stripped or defaced, nor suffer any waste, and will not keep animals within the leased premises. LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, or any installation and/or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use of the leased premises shall be at LESSEE's expense. All maintenance provided by LESSOR shall be during LESSOR's normal business hoursrepair.
Appears in 1 contract
Maintenance of Premises. LESSOR will be responsible for all structural and roof maintenance of the leased premises and for the normal daytime maintenance of all common areas, space heating and cooling equipment, sprinklers, doors, locks, plumbing, and electrical wiring, but specifically excluding damage caused by the careless, malicious, willful, or negligent acts of LESSEE or others, chemical, water or corrosion damage from any source, and maintenance of the space heating, ventilating, and cooling units exclusively serving the leased premises (collectively, the "HVAC Unit") and of any non "“building standard" ” leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises in the same condition as they are at the commencement of the term or as they may be put in during the term of this lease, normal wear and tear and damage by fire or other casualty only excepted, and whenever necessary, to replace light bulbs, plate glass and other glass therein, acknowledging that the leased premises are now will be in good order and the light bulbs and glass whole. If LESSOR so directs, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment or other equipment located within or serving the leased premises. LESSEE will properly control or vent all solvents, degreasers, smoke, odors, etc. and shall not cause the area surrounding the leased premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall 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 acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises to be 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. LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's ’s expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, capacity or any installation and/or or maintenance of equipment which is necessitated by some specific aspect of LESSEE's ’s use of the leased premises shall be LESSEE’s sole responsibility, at LESSEE's expense’s expense and subject to LESSOR’s prior written consent. All maintenance provided by LESSOR shall be during LESSOR's ’s normal business hours.
Appears in 1 contract
Samples: Biotransplant Inc
Maintenance of Premises. LESSOR will be responsible for 10. Lessee shall, at 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 structural and roof maintenance components of the leased premises but specifically excluding damage caused interior of the Premises in good order, condition, and repair. Lessor shall, at Lessor's sole cost and expense, maintain the structural integrity of the 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 necessitated by the careless, malicious, willful, negligence or negligent acts of LESSEE or others, chemical, water or corrosion damage from any source, and maintenance wrongful act of the space heatingLessee or Lessee's agents or employees. Lessor shall, ventilatingat Lessee's sole cost and expense, maintain, repair and cooling units exclusively serving (if necessary in the leased premises judgment of Lessor's experts) replace the roof covering, HVAC system, landscaping and parking lot surface (collectively, the "HVAC UnitLessor's Maintenance Services") and of any non "building standard" leasehold improvements. LESSOR shall not be deemed to have breached its obligation to make the repairs required to be made by LESSOR unless LESSOR fails to make the same within a reasonable period (taking into consideration the type of repair involved) after receiving written notice from LESSEE of the need therefor. LESSEE agrees to maintain at its expense the HVAC Unit and all other aspects of the leased premises in the same condition as they are at the commencement of the term or as they may be put in during the term of this leaseLease, normal wear and tear and damage as may be extended. Lessee shall reimburse Lessor as Additional Rent the cost incurred by fire Lessor in performing Lessor's Maintenance Services, without xxxx-up, within thirty (30) days after receipt of invoice from Lessor; provided, however, that (except where replacement of the parking lot surface, landscaping, roof or other casualty only exceptedHVAC components are necessitated by the acts of the Lessee or Lessee's agents or employees, in 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 whenever necessaryLessee 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%). Lessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford the Lessee the right to replace light bulbs, plate glass and other glass therein, acknowledging that make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the leased premises are now Premises in good order and the light bulbs and glass whole. If LESSOR so directsorder, LESSEE shall enter into a preventive maintenance/service contract acceptable to LESSOR with a maintenance contractor acceptable to LESSOR at LESSEE's sole cost and expense for servicing all air conditioning, heating, ventilating, and other equipment condition or other equipment located within or serving the leased premises. LESSEE will properly control or vent all solvents, degreasers, smoke, odors, etc. and shall not cause the area surrounding the leased premises to be in anything other than a neat and clean condition, depositing all waste in appropriate receptacles. LESSEE shall 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 acid or corrosive substance by LESSEE. LESSEE shall not permit the leased premises to be overloaded, damaged, stripped or defaced, nor suffer any waste, and will not keep animals within the leased premises. LESSEE will protect any carpet with plastic or masonite chair pads under any rolling chairs. Unless heat is provided at LESSOR's expense, LESSEE shall maintain sufficient heat to prevent freezing of pipes or other damage. Any increase in air conditioning equipment or electrical capacity, or any installation and/or maintenance of equipment which is necessitated by some specific aspect of LESSEE's use of the leased premises shall be at LESSEE's expense. All maintenance provided by LESSOR shall be during LESSOR's normal business hoursrepair.
Appears in 1 contract