Maintenance, Repair and Replacement. Landlord shall be responsible for and shall expeditiously maintain and repair the foundations, structures and roofs of the Building and shall be responsible for maintenance (other than tenant caused repairs) and repair of the Building plumbing (other than stoppages caused by Tenant) and HVAC systems, less reasonable wear and tear over the Term, with the provisions below. Except as provided in Section 4.02 above, Xxxxxxx is responsible for day to day expenses, cleaning, rug shampooing, inside painting, changing light bulbs, etc and fixing items damaged by the actions of the Tenant. A. If all or part of the Building is destroyed, damaged or impaired, Landlord shall have a reasonable time in which to complete the necessary repair or replacement. pg. 3 of 17 400 W Central LLC Lease 175 Imperial B. Landlord shall use reasonable diligence in carrying out its obligations under Article 6.01, but shall not be liable under any circumstances for any consequential damage to any person or property for any failure to do so. C. Nothing contained herein shall be in derogation of the provisions of Article XV regarding Casualty Damage. D. Notwithstanding the limitation on Landlord’s responsibility to maintain and repair the Building as set forth in this Article 6.01, Tenant nevertheless shall be given the benefit of any third-party warranties or guarantees provided by contractors, material, men or other suppliers with respect to the Building or any equipment or fixtures affixed thereto. E. Landlord shall reasonably ensure the HVAC is at all times functioning and suitable to maintain the Premises at comfortable room temperature and humidity for mixed warehouse and office space. Landlord shall maintain the Building to ensure the Premises are free from water leaks, excess moisture, and/or excess humidity (whether originating from weather, plumbing, or otherwise) and shall promptly repair any damage to the Premises caused by such leaks, excess moisture and/or excess humidity; provided that under no circumstances shall Landlord be liable to Tenant for any damage suffered by Tenant, its employees, agents, customers or invitees as a result of moisture or water inside the Premises whether caused by leaks in the structure or in the plumbing, unless caused by the gross negligence of Landlord.
Appears in 2 contracts
Samples: Lease Agreement (Sidus Space Inc.), Lease Agreement (Sidus Space Inc.)
Maintenance, Repair and Replacement. (a) Tenant, at its own expense, will maintain, repair and replace, or cause to be maintained, repaired and replaced, all aspects of the Premises, including, without limitation, structural elements, roof and roof membrane, footings, foundations, walls (interior and exterior), parking areas, landscaping, and all building systems (including, without limitation, mechanical, electrical, plumbing, sewer, life-safety and heating, ventilating and air conditioning (“HVAC”) systems) in good condition and repair and appearance consistent with comparable office/warehouse buildings and shall promptly make, or cause to be made, all repairs and replacements of every kind and nature, whether foreseen or unforeseen, which may be required to be made upon or in connection with any of the Premises in order to keep and maintain the Premises in good repair and appearance and in compliance with Legal Requirements, and Tenant hereby expressly waives the right to make repairs at the expense of Landlord, which right may otherwise be provided for in any law now or hereafter in effect. Tenant shall, in all events, make all repairs for which it is responsible hereunder promptly, and all repairs shall be in a good, proper and workmanlike manner. Landlord shall not be responsible required to make or pay for any repair or to maintain any of the Premises in any way.
(b) Tenant shall enforce all builders' and manufacturers' warranties issued for the benefit of the Premises to the extent that the same have been, or are, issued for the benefit of Tenant or for the benefit of Landlord and Landlord hereby grants Tenant a license to enforce such warranties on Landlord's behalf. Landlord agrees to promptly cooperate with Tenant, at Tenant's expense, to the extent necessary or desirable to enforce the provisions of all warranties.
(c) Tenant shall complete the replacement of the roof of the Premises to Landlord’s satisfaction no later than October 31, 2018, subject to Unavoidable Delays. To secure Tenant’s obligation to replace the roof and complete certain other repairs specified in the Repair Escrow Agreement (defined below), on or prior to the Commencement Date, Tenant shall deliver the amount of One Million Seven Hundred Thirty-Five Dollars and 00/100 Dollars ($1,735,000.00) into escrow (the “Roof Escrow”), which Roof Escrow shall be deposited with the Title Company, as escrow agent (“Escrow Agent”), pursuant to a separate escrow agreement by and among Tenant, Landlord, and Escrow Agent in the form attached hereto as Exhibit D (the “Repair Escrow Agreement”).
(d) All work, including the work performed pursuant to the Repair Escrow Agreement, performed by or on behalf of Tenant shall comply with the provisions of Section 2.03(a) herein.
(e) Tenant shall hire, in its own name, and shall expeditiously maintain pay for a qualified service contractor to periodically inspect, adjust, clean and repair the foundationsHVAC, structures including changing filters, on at least a quarterly basis. Tenant shall promptly, within five (5) Business Days after receipt of a written request from Landlord, furnish a copy of each HVAC inspection and roofs service report to Landlord during the Term of the Building Lease to the extent such HVAC inspection and shall be responsible for maintenance service report has not been previously provided to Landlord.
(other than tenant caused repairsf) and repair Notwithstanding any of the Building plumbing foregoing, after an uncured Event of Default under Section 2.01(a) or (other than stoppages caused e), Landlord may elect, in its sole discretion and by delivery of written notice to Tenant) and HVAC systems, less reasonable wear and tear over the Termto perform on behalf of Tenant, with the provisions below. Except as provided in Section 4.02 above, Xxxxxxx is responsible for day to day expenses, cleaning, rug shampooing, inside painting, changing light bulbs, etc and fixing items damaged by the actions all or some portion of the Tenant.
A. If repairs, maintenance, restoration and replacement in and to the Premises required to be performed by Tenant under this Lease (any such repairs, maintenance, restoration and/or replacement activities that Landlord elects to perform on behalf of Tenant are herein collectively referred to as “General Maintenance Services”). Tenant shall pay to Landlord as Additional Rent within ten (10) days of Landlord’s written invoice and backup documentation therefor, the reasonable, documented costs of all or part of the Building is destroyedGeneral Maintenance Services. Unless and until Landlord affirmatively elects to provide General Maintenance Services, damaged or impaired, Landlord shall have a reasonable time in which to complete the necessary repair or replacement. pg. 3 of 17 400 W Central LLC Lease 175 Imperial
B. Landlord shall use reasonable diligence in carrying out its obligations under Article 6.01, but shall not be liable under any circumstances for any consequential damage to any person or property for any failure to do so.
C. Nothing nothing contained herein shall be in derogation construed to obligate Landlord to perform any General Maintenance Services or, except as otherwise expressly provided herein, to repair, maintain, restore or replace any portion of the provisions of Article XV regarding Casualty Damage.
D. Notwithstanding the limitation on Landlord’s responsibility to maintain and repair the Building as set forth in this Article 6.01, Tenant nevertheless shall be given the benefit of any third-party warranties or guarantees provided by contractors, material, men or other suppliers with respect to the Building or any equipment or fixtures affixed thereto.
E. Landlord shall reasonably ensure the HVAC is at all times functioning and suitable to maintain the Premises at comfortable room temperature and humidity for mixed warehouse and office spacePremises. Landlord shall maintain may from time to time, in its sole discretion, (x) reduce or expand the Building scope of the General Maintenance Services that Landlord has elected to ensure provide or (y) revoke its election to provide any or all of the Premises are free from water leaksGeneral Maintenance Services, excess moisturein either event, and/or excess humidity upon delivery of not less than thirty (whether originating from weather, plumbing, 30) days’ prior written notice (or otherwiseimmediately if an emergency) and shall promptly repair any damage to the Premises caused by such leaks, excess moisture and/or excess humidity; provided that under no circumstances shall Landlord be liable to Tenant for any damage suffered by Tenant, its employees, agents, customers or invitees as a result of moisture or water inside the Premises whether caused by leaks in the structure or in the plumbing, unless caused by the gross negligence of Landlord.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement (Christopher & Banks Corp)
Maintenance, Repair and Replacement. Landlord shall be responsible for and xxxxxx shall expeditiously maintain and repair the foundations, structures and roofs of the Building and shall be responsible for maintenance (other than tenant caused repairs) and repair of the Building plumbing (other than stoppages caused by Tenant) and HVAC systems, less reasonable wear and tear over the Term, with the provisions below. Except as provided in Section 4.02 above, Xxxxxxx is responsible for day to day expenses, cleaning, rug shampooing, inside painting, changing light bulbs, etc and fixing items damaged by the actions of the Tenant.
A. If all or part of the Building is destroyed, damaged or impaired, Landlord shall have a reasonable time in which to complete the necessary repair or replacement. pg. 3 of 17 400 W Central LLC Lease 175 Imperial.
B. Landlord shall use reasonable diligence in carrying out its obligations under Article 6.01, but shall not be liable under any circumstances for any consequential damage to any person or property for any failure to do so.. pg. 3 of 18 400 W Central LLC Lease 400 W Central
C. Nothing contained herein shall be in derogation of the provisions of Article XV regarding Casualty Damage.
D. Notwithstanding the limitation on Landlord’s responsibility to maintain and repair the Building as set forth in this Article 6.01, Tenant nevertheless shall be given the benefit of any third-party warranties or guarantees provided by contractors, material, men or other suppliers with respect to the Building or any equipment or fixtures affixed thereto.
E. Landlord shall reasonably ensure the HVAC is at all times functioning and suitable to maintain the Premises at comfortable room temperature and humidity for mixed warehouse and office space. Landlord shall maintain the Building to ensure the Premises are free from water leaks, excess moisture, and/or excess humidity (whether originating from weather, plumbing, or otherwise) and shall promptly repair any damage to the Premises caused by such leaks, excess moisture and/or excess humidity; provided that under no circumstances shall Landlord be liable to Tenant for any damage suffered by Tenant, its employees, agents, customers or invitees as a result of moisture or water inside the Premises whether caused by leaks in the structure or in the plumbing, unless caused by the gross negligence of Landlord.
Appears in 2 contracts
Samples: Lease Agreement (Sidus Space Inc.), Lease Agreement (Sidus Space Inc.)
Maintenance, Repair and Replacement. Landlord shall operate, maintain, repair and replace the systems, facilities and equipment (including, without limitation, washrooms located within the Premises) as necessary for the proper operation of the Building and for provision of Landlord’s services under Sections 6.02 and 6.03, and consistent with the standards from time to time prevailing for similar first-class office buildings in the Central Business District (but not including any systems, facilities or equipment located within and exclusively serving the Premises such as, without limitation, non-Building Standard items such as light fixtures and bulbs, partitioned glass, doors and frames, and nonBuilding Standard plumbing fixtures, such as sinks, water heaters, refrigerators, and garbage disposals, exclusively within the Premises and supplemental air conditioning equipment installed by or on behalf of Tenant, all of which Tenant shall be responsible for pursuant to Section 7.01), and shall expeditiously maintain and repair the foundations, structures structure, roof and roofs Common Areas of the Building and shall be responsible for maintenance (other than tenant caused repairs) and repair of damage to the Building plumbing which Landlord is obligated to insure against under Article 9.00, provided that,
(other than stoppages caused by Tenanta) and HVAC systems, less reasonable wear and tear over the Term, with the provisions below. Except as provided in Section 4.02 above, Xxxxxxx is responsible for day to day expenses, cleaning, rug shampooing, inside painting, changing light bulbs, etc and fixing items damaged by the actions of the Tenant.
A. If if all or part of the Building is such systems, facilities and equipment are destroyed, damaged or impaired, Landlord shall have a reasonable time in which to complete the necessary repair or replacement. pg. 3 , and during that time shall be required only to maintain such services as are reasonably possible in the circumstances,
(b) Landlord may temporarily discontinue such services or any of 17 400 W Central LLC Lease 175 Imperialthem at such times as may be necessary due to causes (except lack of funds) beyond the reasonable control of Landlord,
B. (c) Landlord shall use reasonable diligence in carrying out its obligations under Article 6.01this Section 6.04, but shall not be liable under any circumstances for any consequential damage to any person or property for any failure to do so.,
C. Nothing (d) no reduction or discontinuance of such services as permitted by this Lease shall be construed as an eviction of Tenant or release Tenant from any obligation of Tenant under this Lease, and
(e) nothing contained herein shall be in derogation of derogate from the provisions of Article XV regarding Casualty Damage.16.00, and
D. (f) Notwithstanding anything contained in this Section 6.04 to the limitation contrary, if any failure, delay, interruption, reduction, or discontinuance in any utility or service occurs which renders the Premises untenantable (in whole or in part) within the control of Landlord, and such failure, delay, interruption, reduction, or discontinuance continues for a period of five (5) business days, then all Rent payments due (or an equitable portion of Rent payments due based on the portion of the Premises rendered untenantable) shall thereafter xxxxx until such services and/or utilities are fully restored to the Premises. In the event that such interruption is outside of Landlord’s responsibility control, Xxxxxxxx will use commercially reasonable efforts to maintain and repair the Building have such service restored as set forth in this Article 6.01, Tenant nevertheless shall be given the benefit of any third-party warranties or guarantees provided by contractors, material, men or other suppliers with respect to the Building or any equipment or fixtures affixed theretosoon as reasonably possible.
E. Landlord shall reasonably ensure the HVAC is at all times functioning and suitable to maintain the Premises at comfortable room temperature and humidity for mixed warehouse and office space. Landlord shall maintain the Building to ensure the Premises are free from water leaks, excess moisture, and/or excess humidity (whether originating from weather, plumbing, or otherwise) and shall promptly repair any damage to the Premises caused by such leaks, excess moisture and/or excess humidity; provided that under no circumstances shall Landlord be liable to Tenant for any damage suffered by Tenant, its employees, agents, customers or invitees as a result of moisture or water inside the Premises whether caused by leaks in the structure or in the plumbing, unless caused by the gross negligence of Landlord.
Appears in 2 contracts
Samples: Lease Agreement (Ibotta, Inc.), Lease Agreement (Ibotta, Inc.)
Maintenance, Repair and Replacement. Landlord 6.1. Licensee, its successors and assigns, shall be perpetually responsible for maintenance, repair, and replacement of the portions of the Installation and the Modified Ditch that lie outside of the WCR 36 right-of-way as shown in EXHIBIT A and EXHIBIT B. Licensee hereby agrees and pledges to perform such maintenance, repair, and replacement of the Installation. The Town shall be perpetually responsible for maintenance, repair, and replacement of the portions of the Installation and Modified Ditch that lie within said WCR 36 right-of-way (the “Town Maintenance Obligations”). Nothing in this Agreement shall prohibit the Town from assigning the Town Maintenance Obligation to Licensee or a Title 00 xxxxxxxxxxxx xxxxxxxx (xx xxxxxxxx(x)) to be created by the Licensee to serve property owned by Licensee and related entities in proximity to the Servient Parcels, or a related entity (each an “Assignee”). If the Town Maintenance Obligations are assigned as contemplated in this Section 6.1, the Town shall provide written notice to the Ditch Company in accordance with Section 11 informing the Ditch Company of the effective date of the assignment and the name, address and contact information for the Assignee. The Town hereby agrees and pledges to perform the Town Maintenance Obligations until such time as the Town Maintenance Obligations have been assigned to Assignee.
6.2. The Ditch Company shall notify Licensee or the Town, as applicable, at such time as the Ditch Company reasonably determines that maintenance, repair, and/or replacement is required. Except in an emergency, Licensee or the Town, as applicable, shall give the Ditch Company at least five (5) days’ notice prior to performing maintenance or repair on the Installation and will schedule such work so that the delivery of water to shareholders or other
6.3. In the event that replacement is determined to be necessary, Licensee or the Town, as applicable, shall prepare plans and specifications for the replacement work, and shall provide them to the Ditch Company for its review. No replacement work shall be performed unless and until the Ditch Company has provided written approval of the plans and specifications for such replacement work, which approval shall not be unreasonably withheld, conditioned or delayed. All replacement work shall be at Licensee’s or the Town’s cost (as applicable, depending on which portion of the Installation is being replaced) and shall be subject to the terms and conditions of this Agreement, including but not limited to the provisions in this paragraph 6 relating to maintenance and repair, and the provisions in paragraphs 3 and 4, above, related to construction standards, notification, inspection, timing, acceptance or rejection, correction of defects, and reimbursement.
6.4. On an as-needed basis during times when water is being conveyed through the Modified Ditch, the Ditch Company may perform routine maintenance consisting of daily monitoring and debris removal, including removal of debris caught in the trash screen at the pipe inlet. The Ditch Company shall be responsible for its own costs associated with routine maintenance. No notice to the Licensee or the Town is required for this effort. The Licensee shall insure that the Ditch Company, its superintendent, and shall expeditiously maintain and repair other representatives have access to the foundations, structures and roofs portions of the Building and shall be responsible for maintenance (other than tenant caused repairs) and repair Installation outside of the Building plumbing (WCR 36 right-of-way at all times while this Agreement is in effect. The Town shall insure that the Ditch Company, its superintendent, and other than stoppages caused by Tenant) and HVAC systems, less reasonable wear and tear over representatives have access to the Term, with the provisions below. Except as provided in Section 4.02 above, Xxxxxxx is responsible for day to day expenses, cleaning, rug shampooing, inside painting, changing light bulbs, etc and fixing items damaged by the actions portions of the Tenant.
A. If Installation within the WCR 36 right-of- way at all times while this Agreement is in effect. Any work that the Ditch Company reasonably requests Licensee or part of the Building is destroyed, damaged or impaired, Landlord shall have a reasonable time in which Town to complete the necessary repair or replacement. pg. 3 of 17 400 W Central LLC Lease 175 Imperial
B. Landlord shall use reasonable diligence in carrying out its obligations under Article 6.01, but perform shall not be liable under any circumstances considered routine maintenance, and Licensee or the Town, as applicable, shall be fully responsible for any consequential damage such requested work.
6.5. In the event of an emergency, the Ditch Company, Licensee, or the Town may conduct maintenance, repair or replacement immediately, giving notice to the appropriate party or parties as soon as possible at the contacts identified in section 11. In either case, if the Ditch Company conducts emergency work, it shall be reimbursed for the cost of the work.
6.6. The Ditch Company shall be entitled, but not obligated to inspect all maintenance, repair, and replacement work performed by or at the direction of the Licensee or the Town. Such work shall be performed in a good and workmanlike manner in accordance with standards that are customarily applicable to irrigation ditches in Colorado. Licensee and the Town must perform such maintenance, repair, or replacement to the same standards and in the same manner as provided as described in sections 3.5 and 3.10. In the event the Ditch Company finds any person work performed by or property at the direction of the Licensee or the Town has not been performed in such manner or in accordance with such standards, the Ditch Company may, in its reasonable
6.7. The Ditch Company shall not be responsible or held liable for any damages to the Installation resulting from the maintenance, repair or replacement of the Ditch, or from the failure to do so.
C. Nothing contained herein shall be in derogation perform maintenance, repair or replacement of the provisions of Article XV regarding Casualty Damage.
D. Notwithstanding the limitation on Landlord’s Ditch, unless such responsibility to maintain and repair the Building as set forth in this Article 6.01, Tenant nevertheless shall be given the benefit of any third-party warranties or guarantees provided by contractors, material, men or other suppliers with respect to the Building or any equipment or fixtures affixed thereto.
E. Landlord shall reasonably ensure the HVAC is at all times functioning and suitable to maintain the Premises at comfortable room temperature and humidity for mixed warehouse and office space. Landlord shall maintain the Building to ensure the Premises are free from water leaks, excess moisture, and/or excess humidity (whether originating from weather, plumbing, or otherwise) and shall promptly repair any damage to the Premises caused by such leaks, excess moisture and/or excess humidity; provided that under no circumstances shall Landlord be liable to Tenant for any damage suffered by Tenant, its employees, agents, customers or invitees liability arises as a result of moisture negligence, intentional misconduct, or water inside any breach or failure to perform this Agreement on the Premises whether caused by leaks in part of the structure or in the plumbing, unless caused by the gross negligence of LandlordDitch Company.
Appears in 1 contract
Samples: License and Easement Agreement
Maintenance, Repair and Replacement. Landlord shall be responsible for The following covenants and shall expeditiously maintain and repair the foundations, structures and roofs of the Building and shall be responsible for maintenance (other than tenant caused repairs) and repair of the Building plumbing (other than stoppages caused by Tenant) and HVAC systems, less reasonable wear and tear over the Term, with the provisions below. Except as provided in Section 4.02 above, Xxxxxxx is responsible for day conditions are to day expenses, cleaning, rug shampooing, inside painting, changing light bulbs, etc and fixing items damaged by the actions of the Tenant.
A. If all or part of the Building is destroyed, damaged or impaired, Landlord shall have a reasonable time in which to complete the necessary repair or replacement. pg. 3 of 17 400 W Central LLC Lease 175 Imperial
B. Landlord shall use reasonable diligence in carrying out its obligations under Article 6.01, but shall not be liable under any circumstances for any consequential damage to any person or property for any failure to do so.
C. Nothing contained herein shall be in derogation of the provisions of Article XV regarding Casualty Damage.
D. Notwithstanding the limitation on Landlord’s responsibility to maintain and repair the Building as set forth in this Article 6.01, Tenant nevertheless shall be given the benefit of any third-party warranties or guarantees provided by contractors, material, men or other suppliers apply with respect to the Building or any equipment or fixtures affixed thereto.maintenance, repair and replacements of the leased premises:
E. Landlord A. Except as otherwise set forth below, Lessee shall reasonably ensure the HVAC is at all times functioning keep the leased premises and suitable all partitions, doors, mixtures, equipment and appurtenances thereof (including but not limited to maintain lighting and plumbing equipment and fixtures located solely within and servicing only the Premises leased premises), and including interior walls, and windows, and all other components of the leased premises in a clean condition, good order, condition and maintenance (including reasonable periodic painting with the written approval of Lessor), all at comfortable room temperature and humidity Lessee's expense. Provided, however, in the event such repairs are reimbursed by any insurance proceeds, Lessee shall be entitled to such insurance proceeds as reimbursement for mixed warehouse and office spacecosts of such repairs actually made by Lessee. Landlord Lessor shall maintain pay the Building to ensure the Premises are free from water leaks, excess moisture, and/or excess humidity (whether originating from weather, plumbing, or otherwise) and shall promptly repair any damage costs of all repairs to the Premises caused by HVAC System.
B. If Lessee refuses or neglects to repair the property as required hereunder to the reasonable satisfaction of the Lessor as soon as it is reasonably possible after written demand, Lessor may make such leaks, excess moisture and/or excess humidity; provided that under no circumstances shall Landlord be liable repairs without liability to Tenant Lessee for any loss or damage suffered that may occur to the 18 Lessee's business by Tenantreason thereof, its employeesand within thirty (30) days after completion thereof, agentsLessee shall pay to Lessor the Lessor's costs for such repairs, customers including a reasonable charge for Lessor's overhead and administration (which costs of overhead and administration shall not exceed ten percent (10%) of the costs of repairs), Lessor shall have no liability for any damages or invitees as personal injury arising out of any condition or occurrence causing a result of moisture or water inside the Premises whether caused by leaks in the structure or in the plumbingneed for such repairs, unless caused by negligence or willful misconduct of the gross negligence lessor or failure of Landlordthe Lessor to perform its obligations under this Lease. In making repairs, Lessor will not unnecessarily or unreasonably disrupt the business of the Lessee.
C. Lxxxxx xxxll initially pay the costs of maintaining the Common Area of the premises, including the exterior of the leased premises, parking lot, exterior of the building, roofs and Common Area utilities. The Lessee shall reimburse Lessor for its pro rata share of such expenses, which share shall be computed on a ratio that the total area of the leased premises total to the total square feet of the leasable space of the building in which the leased premises is located. Lessee shall pay for its pro rata share of such expenses within ten (10) of being billed.
Appears in 1 contract
Maintenance, Repair and Replacement. Landlord a. The owner of the Columbia Real Estate bear the cost of maintaining, repairing, and replacing the Building Encroachments; provided, however, that if the maintenance, repair, or replacement is required solely as a result of the gross negligence or willful misconduct of the owner of the Commission Real Estate, the owner of the Commission Real Estate shall be responsible for all costs and shall expeditiously maintain and expenses incurred in connection with such maintenance, repair the foundations, structures and roofs and/or replacement.
b. The owner of the Building Commission Real Estate or the City of Lafayette, as applicable, shall bear the cost of maintaining, repairing, and replacing the Public Improvements Encroachments; provided, however, that if the maintenance, repair, or replacement is required solely as a result of the gross negligence or willful misconduct of the owner of the Columbia Real Estate, the owner of the Columbia Real Estate shall be responsible for maintenance (other than tenant caused repairs) all costs and expenses incurred in connection with such maintenance, repair and/or replacement.
c. The owner of the Building plumbing (other than stoppages caused by Tenant) Columbia Real Estate and HVAC systems, less reasonable wear and tear over the Term, with the provisions below. Except as provided in Section 4.02 above, Xxxxxxx is responsible for day to day expenses, cleaning, rug shampooing, inside painting, changing light bulbs, etc and fixing items damaged by the actions owner of the Tenant.
A. If all or part Commission Real Estate shall share equally in the cost of maintaining, repairing, and replacing the Building is destroyedFooters; provided, damaged or impairedhowever, Landlord shall have a reasonable time in which to complete that if the necessary repair or replacement. pg. 3 of 17 400 W Central LLC Lease 175 Imperial
B. Landlord shall use reasonable diligence in carrying out its obligations under Article 6.01maintenance, but shall not be liable under any circumstances for any consequential damage to any person or property for any failure to do so.
C. Nothing contained herein shall be in derogation of the provisions of Article XV regarding Casualty Damage.
D. Notwithstanding the limitation on Landlord’s responsibility to maintain and repair the Building as set forth in this Article 6.01, Tenant nevertheless shall be given the benefit of any third-party warranties or guarantees provided by contractors, material, men or other suppliers with respect to the Building or any equipment or fixtures affixed thereto.
E. Landlord shall reasonably ensure the HVAC is at all times functioning and suitable to maintain the Premises at comfortable room temperature and humidity for mixed warehouse and office space. Landlord shall maintain the Building to ensure the Premises are free from water leaks, excess moisture, and/or excess humidity (whether originating from weather, plumbingrepair, or otherwise) and shall promptly repair any damage to the Premises caused by such leaks, excess moisture and/or excess humidity; provided that under no circumstances shall Landlord be liable to Tenant for any damage suffered by Tenant, its employees, agents, customers or invitees replacement is required solely as a result of moisture or water inside the Premises whether caused by leaks in the structure or in the plumbing, unless caused by the gross negligence or willful misconduct of Landlorda party hereto, said party shall be responsible for all costs and expenses incurred in connection with such maintenance, repair and/or replacement. Either party (“Notice Party”) may notify the other party in writing if and when the Notice Party believes that maintenance, repair, or replacement of the Footers is needed. Decisions involving the maintenance of the Footers shall be made by agreement of the owner of the Columbia Real Estate and the Owner of the Commission Real Estate, acting reasonably and in good faith. If said owners cannot reach an agreement despite their reasonable and good faith efforts, within ten (10) days of the notice of the same, the dispute or disagreement shall be resolved by the decision of a single person selected by the agreement of the owners (which such agreement shall not be unreasonably withheld) who has at least ten (10) years' experience with developing first class commercial developments within a one-hundred (100) mile radius of the Columbia Real Estate. The cost of the jointly selected expert shall be shared equally between the owners. If unable to agree on such an expert within a five (5) business day period, each owner shall within ten (10) days after the expiration of such period (i) select its own expert with the qualifications required above and (ii) submit a final proposed resolution of the dispute. The two selected experts shall resolve the issue by selecting the one of the two owner's proposed resolution which is most consistent with maintenance and repair standards for similarly situated first class commercial developments. If the two (2) experts are unable to agree within five (5) business days of appointment, they shall jointly select a third expert with the qualifications above who shall make the final determination by selecting the owner’s proposed resolution which is most consistent with maintenance and repair standards for similarly situated first class commercial developments. If a jointly selected expert cannot be agreed on, the owner whose resolution was not selected by the deciding expert(s) shall be responsible for all fees of the experts.
Appears in 1 contract
Samples: Encroachment Agreement
Maintenance, Repair and Replacement. Landlord Upon Installation of the Storm Drainage Easement Improvements, Grantee, at its sole cost and expense, shall maintain and provide for the repair, maintenance and replacement of the Xxxxx Drainage Easement Improvements within the Storm Drainage Easement Area in good condition and repair, and in compliance with all ordinances, regulations, and other laws and requirements imposed by any governmental authority having jurisdiction. In exercising its easement rights pursuant to this Agreement, Grantee agrees to give Grantor reasonable advance notice of any entrance onto the Grantor Property, except in the event of an emergency. All maintenance shall be responsible for and shall expeditiously maintain and repair done in a manner so as to limit interference with the foundations, structures and roofs use of the Building Grantor Property, to the extent feasible. After the performance of any maintenance, repair and/or replacement of the Storm Drainage Easement Improvements by Grantee, Grantee shall restore the Grantor Property, with reasonable promptness, to the condition in which it existed prior to such maintenance, repair and/or replacement and shall be responsible, at its sole cost, for any surface restoration necessary after the performance of any maintenance, repair and/or replacement of the Storm Drainage Easement Improvements, including restoration of paved and unpaved portions of the Grantor Property. Notwithstanding the foregoing, each party shall be solely responsible for maintenance (other than tenant caused repairs) and the cost of any repair or replacement of the Building plumbing Storm Drainage Easement Area and Storm Drainage Easement Improvements to the extent the need for such repairs or replacements arise from the negligent acts or misconduct of such party. In no event shall Grantee allow any mechanic's or materialmen's liens to attach against the Grantor Property for materials supplied or work performed at the request of, or for the benefit of, the Grantee. At its expense, Grantee shall cause to be discharged, within ten (other than stoppages caused by Tenant10) and HVAC systems, less reasonable wear and tear over the Term, with the provisions below. Except as provided in Section 4.02 above, Xxxxxxx is responsible for day to day expenses, cleaning, rug shampooing, inside painting, changing light bulbs, etc and fixing items damaged by the actions days of the Tenant.
A. If all filing thereof, any construction lien claim filed against the Grantor Property for work claimed to have been done for, or part of the Building is destroyedmaterials claimed to have been furnished to, damaged or impairedon behalf of, Landlord Grantee. Grantee shall have a reasonable time in which maintain, or cause its contractor(s) to complete the necessary repair or replacement. pg. 3 of 17 400 W Central LLC Lease 175 Imperial
B. Landlord shall use reasonable diligence in carrying out its obligations under Article 6.01maintain, but shall not be liable under any circumstances commercial general liability insurance for any consequential personal injury, bodily injury, death and property damage to any person or property for any failure to do so.
C. Nothing contained herein shall be in derogation of the provisions of Article XV regarding Casualty Damage.
D. Notwithstanding the limitation on Landlord’s responsibility to maintain and repair the Building as set forth in this Article 6.01, Tenant nevertheless shall be given the benefit of any third-party warranties or guarantees provided by contractors, material, men or other suppliers liability with respect to the Building or any equipment or fixtures affixed thereto.
E. Landlord shall reasonably ensure use of the HVAC is at all times functioning Storm Drainage Easement Area and suitable to maintain the Premises at comfortable room temperature activities thereon, having coverage amounts of not less than $1,000,000 per occurrence and humidity for mixed warehouse and office space. Landlord shall maintain the Building to ensure the Premises are free from water leaks, excess moisture, and/or excess humidity (whether originating from weather, plumbing, or otherwise) and shall promptly repair any damage to the Premises caused by such leaks, excess moisture and/or excess humidity; provided that under no circumstances shall Landlord be liable to Tenant for any damage suffered by Tenant, its employees, agents, customers or invitees as a result of moisture or water inside the Premises whether caused by leaks $2,000,000 in the structure or aggregate and issued by an insurer authorized to provide such insurance in the plumbing, unless caused by the gross negligence State of LandlordIllinois.
Appears in 1 contract
Samples: Sewer Easement Agreement
Maintenance, Repair and Replacement. Landlord Excluding damage by casualty or condemnation, which are governed elsewhere in this Lease, Tenant, at its sole cost and expense, shall be responsible for and shall expeditiously maintain and repair the foundationsin their current condition, structures and roofs of the Building and shall be responsible for maintenance (other than tenant caused repairs) and repair of the Building plumbing (other than stoppages caused by Tenant) and HVAC systems, less reasonable wear and tear over excepted, the TermPremises (including the roof, with foundation, exterior walls and other structural elements) and equipment and systems within the provisions below. Except as provided Premises (including generators, lighting, electrical, plumbing, hydraulics, mechanical, heating, ventilating and air conditioning), all driveways, parking areas, landscaping, and other improvements located on the Premises, which maintenance and repair shall be in Section 4.02 aboveTenant’s reasonable discretion, Xxxxxxx is responsible for day to day expensesand may include replacement of such equipment, cleaningsystems, rug shampooing, inside painting, changing light bulbs, etc and fixing items damaged by the actions or structural elements of the Property if replacement is required in Tenant.
A. If all or part ’s reasonable discretion. During the Term of the Building is destroyed, damaged or impairedthis Lease, Landlord shall have a reasonable time in which to complete the necessary repair or replacement. pg. 3 of 17 400 W Central LLC Lease 175 Imperial
B. Landlord shall use reasonable diligence in carrying out its no obligations under Article 6.01, but shall not be liable under any circumstances for any consequential damage to any person or property for any failure to do so.
C. Nothing contained herein shall be in derogation of the provisions of Article XV regarding Casualty Damage.
D. Notwithstanding the limitation on Landlord’s responsibility to maintain and repair the Building as set forth in this Article 6.01, Tenant nevertheless shall be given the benefit of any third-party warranties or guarantees provided by contractors, material, men or other suppliers with respect to the Building maintenance or repair (including replacement) of the Premises, all of such obligations being assumed by Tenant, except as otherwise expressly provided herein. Landlord may make any equipment or fixtures affixed thereto.
E. Landlord shall reasonably ensure the HVAC is at all times functioning and suitable repairs to maintain the Premises at comfortable room temperature and humidity for mixed warehouse and office space. upon thirty (30) days advance written notice to Tenant (or such shorter period of time if Landlord shall maintain reasonably determines the Building failure to ensure the Premises are free from water leaks, excess moisture, and/or excess humidity (whether originating from weather, plumbing, or otherwise) and shall promptly immediately repair any will result in material long-term damage to the Premises caused by (or any part thereof), or would cause injury or harm to human health, in Landlord’s reasonable judgment), so long as Landlord uses commercially reasonable efforts to minimize interference with Tenant’s business operations in exercising its rights hereunder. In the event that Landlord is required to make any repairs to the Premises to correct a condition or state of facts which if not corrected would result in long- term material damage to the Premises (or any material part thereof), or would cause injury or harm to human health, in Landlord’s reasonable judgment and Tenant fails to commence and diligently pursue such leaksrepair within ten (10) days of receipt of notice thereof (or with respect to an emergency condition, excess moisture and/or excess humidity; provided that under no circumstances within five (5) days of receipt of notice thereof), Tenant shall reimburse Landlord be liable to for all of Landlord’s out-of-pocket costs in making such repair within ten (10) days following Landlord’s invoice therefor. Landlord shall indemnify and hold harmless Tenant for any damage suffered by Tenantactual, out-of-pocket costs, expenses or losses which Tenant incurs due to Landlord’s, its employeesagents or contractors’ negligence or willful misconduct in connection with any repairs done by Landlord or on behalf of Landlord at the Premises. Notwithstanding anything to the contrary, agentsat the expiration or earlier termination of this Lease, customers or invitees as a result of moisture or water inside Tenant shall surrender the Premises whether caused by leaks to Landlord in the structure then-existing condition of the Premises. Tenant and Landlord shall schedule a walk-through inspection of the Premises at least thirty (30) days in advance of the expiration date of the Premises. Landlord shall have the right to identify which furniture and any other tangible personal property on the Premises that Landlord requires Tenant to remove at the time Tenant vacates the Premises (provided, that, Landlord agrees that Tenant shall in no event be obligated to remove, nor incur any costs or expenses related to removal or disposal of, any shelving, sorting and/or conveyer system(s) located at or in any of the plumbingProperties, unless caused either prior to or after expiration of the Term, and Landlord shall be entitled to any salvage value attributable to such shelving, sorting and/or conveyer system(s)). In the event that Tenant fails to remove such identified property by the gross negligence expiration or termination of this Lease, then such property shall be considered abandoned and, at Landlord’s election, be deemed the property of Landlord (except for any tangible personal property utilized by Tenant pursuant to easements, leases, or licenses, provided that if such property is not removed by the expiration of the Lease Term, Landlord shall have the right to remove the same at Tenant’s reasonable expense), and Landlord shall have the option to remove and dispose of the same, and Tenant shall pay the reasonable, out-of-pocket costs of such removal to Landlord upon demand. Tenant shall execute an “as is” Xxxx of Sale conveying Tenant’s interest in property that Landlord has elected to assume at the expiration of the Term, and any other reasonable documentation necessary to transfer ownership thereof.
Appears in 1 contract
Samples: Purchase and Sale Agreement
Maintenance, Repair and Replacement. Landlord shall be responsible for and shall expeditiously maintain and repair Tenant shall, at Tenant's sole expense, keep the foundations, structures and roofs interior of the Building Premises in good condition and repair. Tenant shall be responsible for maintenance (other than tenant caused repairs) and promptly repair of any injury or damage to the Building plumbing (other than stoppages Building, the parking facility serving the Building, or the Real Property caused by Tenant) and HVAC systems, less reasonable wear and tear over 's unauthorized use of the Term, with the provisions below. Except as provided in Section 4.02 above, Xxxxxxx is responsible for day to day expenses, cleaning, rug shampooing, inside painting, changing light bulbs, etc and fixing items damaged Premises or by the actions fault or neglect of Tenant, Tenant's employees, customers, invitees, and others permitted on the Premises by Tenant.
A. 's employees, customer, invitees, and others permitted on the Premises by Tenant. If all or part of the Building is destroyed, damaged or impaired, Landlord shall have a reasonable time in which to complete the necessary repair or replacement. pg. 3 of 17 400 W Central LLC Lease 175 Imperial
B. Landlord shall use reasonable diligence in carrying out Tenant does not promptly and adequately perform its obligations under Article 6.01this paragraph after written notice from Landlord specifying the nature of Tenant's failure, but shall not be liable under any circumstances for any consequential damage in addition to any person other remedy Landlord may have under this Lease or property pursuant to law, Landlord may perform Tenant's obligations on Tenant's behalf and Tenant shall, upon demand, reimburse Landlord for any failure to do so.
C. Nothing contained herein shall be in derogation of the provisions of Article XV regarding Casualty Damage.
D. Notwithstanding the limitation on Landlord’s responsibility to maintain reasonable costs and repair the Building as set forth in this Article 6.01, Tenant nevertheless shall be given the benefit of any third-party warranties or guarantees provided by contractors, material, men or other suppliers with respect to the Building or any equipment or fixtures affixed thereto.
E. Landlord shall reasonably ensure the HVAC is at all times functioning and suitable to maintain the Premises at comfortable room temperature and humidity for mixed warehouse and office spaceexpenses so incurred. Landlord shall maintain and repair all other elements of the Building to ensure Building, the Premises are free from water leaksparking facility serving the Building, excess moistureand the Real Property, and/or excess humidity (whether originating from weather, including plumbing, or otherwise) lighting, HVAC service, plate glass,k and structural components. All repairs, maintenance, and replacements by Landlord and Tenant shall be performed in a good and workmanlike manner, in compliance with all applicable governmental laws, regulations, ordinances, rules, and codes, and shall promptly repair any damage incorporate materials and techniques equal to or exceeding the Premises caused by such leaksquality of the items repaired, excess moisture and/or excess humidity; provided that under no circumstances shall Landlord be liable to Tenant for any damage suffered by Tenantmaintained, its employees, agents, customers or invitees as a result of moisture or water inside the Premises whether caused by leaks in the structure or in the plumbing, unless caused by the gross negligence of Landlordreplaced.
Appears in 1 contract
Maintenance, Repair and Replacement. Landlord Excluding damage by casualty or condemnation, which are governed elsewhere in this Lease, Tenant, at its sole cost and expense, shall be responsible for and shall expeditiously maintain and repair the foundationsin their current condition, structures and roofs of the Building and shall be responsible for maintenance (other than tenant caused repairs) and repair of the Building plumbing (other than stoppages caused by Tenant) and HVAC systems, less reasonable wear and tear over excepted, the TermPremises (including the roof, with foundation, exterior walls and other structural elements) and equipment and systems within the provisions below. Except as provided Premises (including generators, lighting, electrical, plumbing, hydraulics, mechanical, heating, ventilating and air conditioning), all driveways, parking areas, landscaping, and other improvements located on the Premises, which maintenance and repair shall be in Section 4.02 aboveTenant’s reasonable discretion, Xxxxxxx is responsible for day to day expensesand may include replacement of such equipment, cleaningsystems, rug shampooing, inside painting, changing light bulbs, etc and fixing items damaged by the actions or structural elements of the Property if replacement is required in Tenant.
A. If all or part ’s reasonable discretion. During the Term of the Building is destroyed, damaged or impairedthis Lease, Landlord shall have a reasonable time in which to complete the necessary repair or replacement. pg. 3 of 17 400 W Central LLC Lease 175 Imperial
B. Landlord shall use reasonable diligence in carrying out its no obligations under Article 6.01, but shall not be liable under any circumstances for any consequential damage to any person or property for any failure to do so.
C. Nothing contained herein shall be in derogation of the provisions of Article XV regarding Casualty Damage.
D. Notwithstanding the limitation on Landlord’s responsibility to maintain and repair the Building as set forth in this Article 6.01, Tenant nevertheless shall be given the benefit of any third-party warranties or guarantees provided by contractors, material, men or other suppliers with respect to the Building maintenance or repair (including replacement) of the Premises, all of such obligations being assumed by Tenant, except as otherwise expressly provided herein. Landlord may make any equipment or fixtures affixed thereto.
E. Landlord shall reasonably ensure the HVAC is at all times functioning and suitable repairs to maintain the Premises at comfortable room temperature and humidity for mixed warehouse and office space. upon thirty (30) days advance written notice to Tenant (or such shorter period of time if Landlord shall maintain reasonably determines the Building failure to ensure the Premises are free from water leaks, excess moisture, and/or excess humidity (whether originating from weather, plumbing, or otherwise) and shall promptly immediately repair any will result in material long-term damage to the Premises caused by (or any part thereof), or would cause injury or harm to human health, in Landlord’s reasonable judgment), so long as Landlord uses commercially reasonable efforts to minimize interference with Tenant’s business operations in exercising its rights hereunder. In the event that Landlord is required to make any repairs to the Premises to correct a condition or state of facts which if not corrected would result in long-term material damage to the Premises (or any material part thereof), or would cause injury or harm to human health, in Landlord’s reasonable judgment and Tenant fails to commence and diligently pursue such leaksrepair within ten (10) days of receipt of notice thereof (or with respect to an emergency condition, excess moisture and/or excess humidity; provided that under no circumstances within five (5) days of receipt of notice thereof), Tenant shall reimburse Landlord be liable to for all of Landlord’s out-of-pocket costs in making such repair within ten (10) days following Landlord’s invoice therefor. Landlord shall indemnify and hold harmless Tenant for any damage suffered by Tenantactual, out-of-pocket costs, expenses or losses which Tenant incurs due to Landlord’s, its employeesagents or contractors’ negligence or willful misconduct in connection with any repairs done by Landlord or on behalf of Landlord at the Premises. Notwithstanding anything to the contrary, agentsat the expiration or earlier termination of this Lease, customers or invitees as a result of moisture or water inside Tenant shall surrender the Premises whether caused by leaks to Landlord in the structure then-existing condition of the Premises. Tenant and Landlord shall schedule a walk-through inspection of the Premises at least thirty (30) days in advance of the expiration date of the Premises. Landlord shall have the right to identify which furniture and any other tangible personal property on the Premises that Landlord requires Tenant to remove at the time Tenant vacates the Premises (provided, that, Landlord agrees that Tenant shall in no event be obligated to remove, nor incur any costs or expenses related to removal or disposal of, any shelving, sorting and/or conveyer system(s) located at or in any of the plumbingProperties, unless caused either prior to or after expiration of the Term, and Landlord shall be entitled to any salvage value attributable to such shelving, sorting and/or conveyer system(s)). In the event that Tenant fails to remove such identified property by the gross negligence expiration or termination of this Lease, then such property shall be considered abandoned and, at Landlord’s election, be deemed the property of Landlord (except for any tangible personal property utilized by Tenant pursuant to easements, leases, or licenses, provided that if such property is not removed by the expiration of the Lease Term, Landlord shall have the right to remove the same at Tenant’s reasonable expense), and Landlord shall have the option to remove and dispose of the same, and Tenant shall pay the reasonable, out-of-pocket costs of such removal to Landlord upon demand. Tenant shall execute an “as is” Xxxx of Sale conveying Tenant’s interest in property that Landlord has elected to assume at the expiration of the Term, and any other reasonable documentation necessary to transfer ownership thereof.
Appears in 1 contract
Maintenance, Repair and Replacement. a. Except as otherwise provided in this Lease, Landlord shall, at its sole cost and expense, maintain, repair and replace in good condition and repair throughout the Term all structural and mechanical components of the Property, including without limitation: the foundation; roof, including without limitation roof drains, penetrations (unless such penetrations are caused by Tenant’s improvement work), access doors, and parapet; exterior walls; interior structural walls; structural floor and ceiling components. For each occurrence giving rise to Landlord’s obligation to maintain, repair or replace a structural or mechanical component of the Property under this paragraph, Tenant shall be responsible for and the first $1,000.00 in costs of such maintenance, repair or replacement. Landlord shall expeditiously maintain and have no obligation under this paragraph for any maintenance, repair or replacement arising from damage caused by Tenant or Tenant’s guests or invitees. In performing any repairs, replacements, alterations, or other work performed on or around the foundationsPremises, structures and roofs Landlord shall not cause unreasonable interference with Tenant’s Permitted Use of the Building Premises.
b. Except as otherwise provided in this Lease, Tenant shall, at its sole cost and expense maintain, repair and replace in good condition and repair, including without limitation free from debris, ice and snow in the manner consistent with Tenant’s practices at its own facilities, throughout the Term all nonstructural components of the Property, including without limitation the exterior of the Property, windows, glass, landscaping, driveways, parking spaces, walkways, fences, doors, signs, other markers, car stops, and lighting of the Property, ordinary wear and tear excepted, and all personal property of Tenant situated in or upon the Premises. Tenant shall keep the Property clean and neat at all times. Tenant shall be responsible for maintenance (other than tenant caused repairs) any repairs necessitated by the negligence of Tenant, its agents, employees, and repair of the Building plumbing (other than stoppages caused by Tenant) and HVAC systemsinvitees, less reasonable wear and tear over the Term, with the provisions below. Except except as provided in Section 4.02 above11 (waiver, Xxxxxxx is responsible for day to day expensessubrogation, cleaning, rug shampooing, inside painting, changing light bulbs, etc and fixing items damaged by the actions of the Tenantother provisions).
A. If all or part c. Tenant shall notify Landlord promptly of the Building is destroyed, damaged or impaired, Landlord shall have a reasonable time in which to complete the necessary repair or replacement. pg. 3 of 17 400 W Central LLC Lease 175 Imperial
B. Landlord shall use reasonable diligence in carrying out its obligations under Article 6.01, but shall not be liable under any circumstances for any consequential damage to any person or property for any failure to do so.
C. Nothing contained herein shall be in derogation of the provisions of Article XV regarding Casualty Damage.
D. Notwithstanding the limitation on Landlord’s responsibility to maintain and repair the Building as set forth in this Article 6.01, Tenant nevertheless shall be given the benefit of any third-party warranties or guarantees provided by contractors, material, men or other suppliers with respect to the Building or any equipment or fixtures affixed thereto.
E. Landlord shall reasonably ensure the HVAC is at all times functioning and suitable to maintain the Premises at comfortable room temperature and humidity for mixed warehouse and office space. Landlord shall maintain the Building to ensure the Premises are free from water leaks, excess moisture, and/or excess humidity (whether originating from weather, plumbing, or otherwise) and shall promptly repair any damage to the Premises caused by such leaks, excess moisture and/or excess humidity; provided that under no circumstances shall Landlord be liable Property resulting from or attributable to Tenant for any damage suffered by the acts or omissions of the Tenant, its employeesinvitees or its authorized representatives, agents, customers or invitees as a result of moisture or water inside the Premises whether caused by leaks in the structure or in the plumbing, unless caused by the gross negligence of Landlordany other party and thereafter to promptly repair all such damage.
Appears in 1 contract
Samples: Real Property Lease