Common use of MAINTENANCE, REPAIRS, ALTERATIONS Clause in Contracts

MAINTENANCE, REPAIRS, ALTERATIONS. After completion of Landlord’s Work, if any, pursuant to § 5.1 above, Tenant shall, at his own expense and at all times, maintain the Premises in good and safe condition, including window glass and the Systems and Equipment serving the Premises and shall surrender the same at termination hereof in as good condition as received, normal wear and tear excepted. Tenant shall be responsible for all repairs required, excepting only the roof, skylights, exterior walls, and structural foundations, which shall be maintained by Landlord. Landlord shall maintain in good condition the common areas of the property, such as sidewalks, driveways, lawns, and shrubbery. Landlord shall be responsible for electrical and plumbing supplied by Landlord and embedded in floor or side walls and not accessible from the Premises. No improvement or alteration of the Premises shall be made without the prior written consent of the Landlord. Prior to the commencement of any substantial repair, improvement, or alteration, Tenant shall give Landlord at least five (5) days’ written notice in order that Landlord may post appropriate notices of nonresponsibility to avoid any liability for liens for any such work of improvement on the Premises. If Tenant requests that Landlord perform any maintenance or repair work in the Premises the responsibility for which is allocated to Tenant under this Lease, Landlord may agree to perform such maintenance or repair at Landlord’s sole discretion. If Landlord agrees to perform such maintenance or repair work, Tenant shall pay, as Additional Rent, Landlord’s standard charges for such maintenance or repair work within twenty (20) days after receipt of Landlord’s invoice therefor. Landlord’s standard maintenance and repair charges shall be subject to adjustment from time to time in Landlord’s sole discretion, and all invoices for such maintenance or repair charges shall include a service charge in the amount of fifteen percent (15%) of the invoiced cost or any such maintenance or repair work performed by Landlord at Tenant’s request.

Appears in 2 contracts

Samples: Office Lease (Aduro Biotech, Inc.), Office Lease (Aduro Biotech, Inc.)

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MAINTENANCE, REPAIRS, ALTERATIONS. After completion a) Lessee agrees that the Premises are now in a tenantable and good condition. Lessor shall maintain the building structure, all utility and production supply piping up to the point of Landlord’s Workentry into the Premises or to the meter, if anyapplicable, pursuant to § 5.1 abovewindows, Tenant shalldoors, at his own expense landscaping, parking lot, fire detection and at all timesalert system, maintain and the interior sprinkler system of the Premises in good condition and safe conditionrepair in accordance with the policies and procedures of Lessor, including window glass whether written or oral, by which Lessor maintains the other buildings on the Complex. Repairs will be performed in accordance with Lessor's standard procedures for scheduling such work, using the same workmanship levels and materials used for the Systems and Equipment serving adjacent buildings of the Complex as shown on Exhibit "A". Lessee shall maintain the remainder of the Premises and shall surrender the same at termination hereof in as good condition as received, normal wear and tear excepted. Tenant shall be responsible for all repairs required, excepting only the roof, skylights, exterior walls, and structural foundations, which shall be maintained by Landlord. Landlord shall maintain in good condition and repair. b) Lessee may use any contractor of Lessee's choice to complete any repair, maintenance, alteration, or improvement to be completed under this Section. All such contractors must submit required information to Lessor's facility and security functions and be cleared and badged appropriately before being admitted to the common areas of Complex. Information required to be submitted to the property, such as sidewalks, driveways, lawns, and shrubbery. Landlord shall be responsible for electrical and plumbing supplied by Landlord and embedded in floor or side walls and not accessible from the Premises. No improvement or alteration of the Premises shall be made without the Facilities department prior written consent of the Landlord. Prior to the commencement of work includes the scope of the work, detailed engineering drawings, and a xxxx of materials. In the alternative, at Lessee's request, Lessor shall make available to Lessee, Lessor's list of qualified contractors, which Lessee is free to hire to complete any substantial repair, improvementmaintenance, alteration, or improvement. c) The Premises shall not be materially altered, repaired or changed without the written consent of Lessor, which will not be unreasonably withheld. Detailed descriptions or drawings ("Plans") of proposed alterations are to be supplied to the Lessor ten (10) business days prior to the start of work. The Lessor will respond in writing within ten (10) business days of its receipt of any Plans; Lessor's failure to respond within such period shall be conclusively deemed to be Lessor's approval of the applicable Plans. d) Lessee may at Lessee's option and Lessee's expense submit a work order to Lessor's facilities department to complete any repair, maintenance, alteration, Tenant or improvement. In such event Lessor shall give Landlord at least five (5) days’ written notice in order that Landlord may post appropriate notices of nonresponsibility to avoid any liability charge Lessee for liens for any such work of improvement on the Premises. If Tenant requests that Landlord perform any maintenance or repair work in accordance with the Premises the responsibility for which is allocated to Tenant under this Lease, Landlord may agree to perform such maintenance or repair at Landlord’s sole discretion. If Landlord agrees to perform such maintenance or repair work, Tenant shall pay, as Additional Rent, Landlord’s standard charges for such maintenance or repair work within twenty (20) days after receipt of Landlord’s invoice therefor. Landlord’s standard maintenance Site Services Agreement between Lessor and repair charges shall be subject to adjustment from time to time in Landlord’s sole discretion, and all invoices for such maintenance or repair charges shall include a service charge in the amount of fifteen percent (15%) of the invoiced cost or any such maintenance or repair work performed by Landlord at Tenant’s requestLessee.

Appears in 2 contracts

Samples: Lease Agreement (Intersil Holding Co), Asset Purchase Agreement (Intersil Corp)

MAINTENANCE, REPAIRS, ALTERATIONS. After completion The Premises will be surrendered, upon the expiry of Landlord’s Workthe Term or earlier termination of this Lease, if any, pursuant to § 5.1 above, Tenant shall, at his own expense and at all times, maintain the Premises in good order and safe conditionrepair, including window glass and the Systems and Equipment serving the Premises and shall surrender the same at termination hereof in as good condition as received, normal reasonable wear and tear excepted; provided, however, that the Tenant will not be required to remove any of its initial alterations to the Premises, or any other approved alterations to the Premises done by the Tenant thereafter. Upon surrender of the Premises by the Tenant, the Tenant shall will be responsible for any repairs to the Premises resulting from the negligence or willful misconduct of the Tenant (it being acknowledged by the Landlord that repairs required due to reasonable wear and tear or insured damage will be the responsibility of the Landlord). If, in the Landlord’s commercially reasonable opinion, repairs to the Premises are necessary as the result of Tenant’s negligence or willful misconduct, the Landlord will notify the Tenant in writing of such determination within ten (10) days of the Premises being surrendered by the Tenant. If the Landlord fails to provide such written notice to the Tenant within such ten (10) day period, the Premises will be deemed to have been surrendered in good order and repair and in a condition acceptable to the Landlord. Upon receipt of written notice from the Landlord, if the Tenant is in agreement with the Landlord’s determination, the Tenant will make or cause to be made any repairs needed to restore the damage caused by the Tenant’s negligence or willful misconduct. Notwithstanding any other provision of this Lease, the Landlord will, at its sole cost and expense, maintain, repair and keep in good condition all repairs requiredstructural aspects of the Office Building including, excepting only without limitation, the roof, skylights, exterior walls, structural foundations (including any retrofitting required by governmental authorities), and structural foundationsthe building systems including, which shall without limitation, the electrical, plumbing, mechanical, life safety and heating, ventilation and air-conditioning systems. The Tenant will not be maintained by Landlord. Landlord shall required to maintain in good condition the common areas any part of the property, such as sidewalks, driveways, lawns, and shrubbery. Landlord shall be responsible for electrical and plumbing supplied by Landlord and embedded in floor or side walls and not accessible from Office Building other than the Premises. No improvement or alteration of the Premises shall will be made by the Tenant without the prior written consent of the Landlord. Prior , such consent not to the commencement of any substantial repairbe unreasonably withheld, improvementconditioned or delayed, or alteration, Tenant shall give Landlord at least five (5) days’ written notice unless such alteration is non-structural in order that Landlord may post appropriate notices of nonresponsibility to avoid any liability for liens for any such work of improvement on the Premises. If Tenant requests that Landlord perform any maintenance or repair work in the Premises the responsibility for which is allocated to Tenant under this Lease, Landlord may agree to perform such maintenance or repair at Landlord’s sole discretion. If Landlord agrees to perform such maintenance or repair work, Tenant shall pay, as Additional Rent, Landlord’s standard charges for such maintenance or repair work within twenty (20) days after receipt of Landlord’s invoice therefor. Landlord’s standard maintenance nature and repair charges shall be subject to adjustment from time to time in Landlord’s sole discretion, and all invoices for such maintenance or repair charges shall include a service charge in the amount of fifteen percent (15%) of the invoiced cost or any such maintenance or repair work performed by Landlord at Tenant’s requestcosts less than $25,000.

Appears in 1 contract

Samples: Purchase and Sale Agreement (United Insurance Holdings Corp.)

MAINTENANCE, REPAIRS, ALTERATIONS. After completion a) Lessee agrees that the Premises are now in a tenantable and good condition. Lessor shall maintain the building structure, all utility and production supply piping up to the point of Landlord’s Workentry into the Premises or to the meter, if anyapplicable, pursuant to § 5.1 abovewindows, Tenant shalldoors, at his own expense landscaping, parking lot, fire detection and at all timesalert system, maintain and the interior sprinkler system of the Premises in good condition and safe conditionrepair in accordance with the policies and procedures of Lessor, including window glass whether written or oral, by which Lessor maintains the other buildings on the Complex. Repairs will be performed in accordance with Lessor's standard procedures for scheduling such work, using the same workmanship levels and materials used for the Systems and Equipment serving adjacent buildings of the Complex as shown on Exhibit "A". Lessee shall maintain the remainder of the Premises and shall surrender the same at termination hereof in as good condition as received, normal wear and tear excepted. Tenant shall be responsible for all repairs required, excepting only the roof, skylights, exterior walls, and structural foundations, which shall be maintained by Landlord. Landlord shall maintain in good condition and repair. b) Lessee may use any contractor of Lessee's choice to complete any repair, maintenance, alteration, or improvement to be completed under this Section. All such contractors must submit required information to Lessor's facility and security functions and be cleared and badged appropriately before being admitted to the common areas of Complex. Information required to be submitted to the property, such as sidewalks, driveways, lawns, and shrubbery. Landlord shall be responsible for electrical and plumbing supplied by Landlord and embedded in floor or side walls and not accessible from the Premises. No improvement or alteration of the Premises shall be made without the Facilities department prior written consent of the Landlord. Prior to the commencement of work includes the scope of the work, detailed engineering drawings, and a bill xx materials. In the alternative, at Lessee's request, Lessor shall make available to Lessee, Lessor's list of qualified contractors, which Lessee is free to hire to complete any substantial repair, improvementmaintenance, alteration, or improvement. c) The Premises shall not be materially altered, repaired or changed without the written consent of Lessor, which will not be unreasonably withheld. Detailed descriptions or drawings ("Plans") of proposed alterations are to be supplied to the Lessor ten (10) business days prior to the start of work. The Lessor will respond in writing within ten (10) business days of its receipt of any Plans; Lessor's failure to respond within such period shall be conclusively deemed to be Lessor's approval of the applicable Plans. d) Lessee may at Lessee's option and Lessee's expense submit a work order to Lessor's facilities department to complete any repair, maintenance, alteration, Tenant or improvement. In such event Lessor shall give Landlord at least five (5) days’ written notice in order that Landlord may post appropriate notices of nonresponsibility to avoid any liability charge Lessee for liens for any such work of improvement on the Premises. If Tenant requests that Landlord perform any maintenance or repair work in accordance with the Premises the responsibility for which is allocated to Tenant under this Lease, Landlord may agree to perform such maintenance or repair at Landlord’s sole discretion. If Landlord agrees to perform such maintenance or repair work, Tenant shall pay, as Additional Rent, Landlord’s standard charges for such maintenance or repair work within twenty (20) days after receipt of Landlord’s invoice therefor. Landlord’s standard maintenance Site Services Agreement between Lessor and repair charges shall be subject to adjustment from time to time in Landlord’s sole discretion, and all invoices for such maintenance or repair charges shall include a service charge in the amount of fifteen percent (15%) of the invoiced cost or any such maintenance or repair work performed by Landlord at Tenant’s requestLessee.

Appears in 1 contract

Samples: Lease Agreement (Align Rite International Inc)

MAINTENANCE, REPAIRS, ALTERATIONS. After completion of Landlord’s WorkBorrower shall keep the Mortgaged Property, if any, pursuant to § 5.1 above, Tenant shall, at his own expense and at all times, maintain the Premises in good and safe condition, including window glass and the Systems and Equipment serving the Premises and shall surrender or cause the same at termination hereof in as good condition as receivedto be kept, normal wear and tear excepted. Tenant shall be responsible for all repairs required, excepting only the roof, skylights, exterior walls, and structural foundations, which shall be maintained by Landlord. Landlord shall maintain in good condition and repair and fully protected from the common areas elements to the satisfaction of Lender; Borrower shall not commit nor permit to be committed waste thereon and shall not do nor permit to be done any act by which the Mortgaged Property shall become less valuable; Borrower will not remove, demolish or structurally alter any of the propertyImprovements (except such alterations as maybe required by laws, such as sidewalks, driveways, lawns, and shrubbery. Landlord shall be responsible for electrical and plumbing supplied by Landlord and embedded in floor ordinances or side walls and not accessible from the Premises. No improvement or alteration of the Premises shall be made regulations) without the prior written permission of the Lender; Borrower shall complete promptly and in good and workmanlike manner any building or other improvement which may be constructed on the Premises and promptly restore in like manner any Improvements which may be damaged or destroyed thereon and will pay when due all claims for labor performed and materials furnished therefor; Borrower shall use and operate, and shall require its lessees or licensees to use or operate, the Mortgaged Property in compliance with all applicable laws, ordinance, regulations, covenants, conditions and restrictions, and with all applicable requirements of any ground lease, lease or sublease now or hereafter affecting the Premises or any part thereof. Unless required by law or unless Lender has otherwise agreed in writing, Borrower shall not allow changes in the stated use of Mortgaged Property from that which was disclosed to Lender at the time of execution hereof. Borrower shall not initiate or acquiesce to a zoning change of the Mortgaged Property without the prior notice to and consent of the LandlordLender. Prior Lender and its representatives shall have access to the commencement of any substantial repair, improvement, or alteration, Tenant shall give Landlord Premises at least five (5) days’ written notice in order that Landlord may post appropriate notices of nonresponsibility all reasonable times to avoid any liability for liens for any such work of improvement on the Premises. If Tenant requests that Landlord perform any maintenance or repair work in the Premises the responsibility for which determine whether Borrower is allocated to Tenant complying with its obligations under this LeaseMortgage, Landlord may agree to perform such maintenance or repair at Landlord’s sole discretion. If Landlord agrees to perform such maintenance or repair workincluding, Tenant shall paybut not limited to, as Additional Rent, Landlord’s standard charges for such maintenance or repair work within twenty (20) days after receipt of Landlord’s invoice therefor. Landlord’s standard maintenance and repair charges shall be subject to adjustment from time to time those set out in Landlord’s sole discretion, and all invoices for such maintenance or repair charges shall include a service charge in the amount of fifteen percent (15%) of the invoiced cost or any such maintenance or repair work performed by Landlord at Tenant’s requestthis Section.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Publishing Co of North America Inc)

MAINTENANCE, REPAIRS, ALTERATIONS. After completion Lessee acknowledges that the Leased Premises are in good order and repair, unless otherwise indicated herein. If Lessee damages any of Landlord’s Workthe heating and air conditioning systems, if anyelectrical systems, pursuant to § 5.1 abovepluming systems and other building systems, Tenant fixtures, foundations, exterior and interior walls, roofs, windows, doors, plate glass, floors and sprinkler systems, Lessee shall, at his own expense sole cost and at all timesexpense, maintain the Premises in good and safe condition, including window glass and the Systems and Equipment serving the Premises and repair such damage. Lessee shall surrender the same Leased Premises at termination hereof in as good condition as received, normal wear and tear excepted. Tenant Lessee acknowledges that he has inspected the Premises and that Lessee is not relying on any representations or warranties made by Lessor, or Lessor's agents, regarding the Leased Premises except as expressly set forth herein. Any repairs or maintenance shall be responsible performed in a workmanlike manner by contractors approved by Lessor pursuant to the specifications provided Lessee by Lessor. Lessor at its sole cost and expense maintain all heating and air conditioning systems, electrical systems, plumbing systems, and other building systems, fixtures, foundations, exterior and interior walls, roofs, windows, doors, plate glass, floors, and sprinkler systems, if any, in good repair and condition, normal wear and tear excepted. Lessee's obligations under this Paragraph 10 shall survive the expiration or other termination of this Lease. Lessor shall provide general maintenance for all repairs requiredheating and air conditioning systems, excepting only the roofelectrical systems, skylightsplumbing systems and office lighting, exterior walls, and structural foundations, which shall be maintained provided there is no damage by Landlord. Landlord shall maintain in good condition the common areas of the property, such as sidewalks, driveways, lawns, and shrubbery. Landlord shall be responsible for electrical and plumbing supplied by Landlord and embedded in floor or side walls and not accessible from the Premises. No improvement or alteration of the Premises shall be made without the prior written consent of the Landlord. Prior to the commencement of any substantial repair, improvement, or alteration, Tenant shall give Landlord at least five (5) days’ written notice in order that Landlord may post appropriate notices of nonresponsibility to avoid any liability for liens for any such work of improvement on the Premises. If Tenant requests that Landlord perform any maintenance or repair work in the Premises the responsibility for which is allocated to Tenant under this Lease, Landlord may agree to perform such maintenance or repair at Landlord’s sole discretion. If Landlord agrees to perform such maintenance or repair work, Tenant shall pay, as Additional Rent, Landlord’s standard charges for such maintenance or repair work within twenty (20) days after receipt of Landlord’s invoice therefor. Landlord’s standard maintenance and repair charges shall be subject to adjustment from time to time in Landlord’s sole discretion, and all invoices for such maintenance or repair charges shall include a service charge in the amount of fifteen percent (15%) of the invoiced cost Lessee or any such maintenance of its agents, employees or repair work performed by Landlord at Tenant’s requestinvitees.

Appears in 1 contract

Samples: Lease Agreement (Maple Leaf Aerospace Inc)

MAINTENANCE, REPAIRS, ALTERATIONS. After completion Except as otherwise set forth in this Lease, Lessee acknowledges that the premises and the building located on the premises (the “Building”) are in good order and repair, unless otherwise indicated herein and accepts the premises "as is." Lessor shall repair and maintain in good order and condition, ordinary wear and tear excepted, the mechanical and equipment rooms, the roof of Landlord’s Workthe Building, if anythe exterior walls of the Building, pursuant the exterior windows of the Building, the structural portions of the Building, the electrical, plumbing, mechanical, fire protection, life safety, parking lot, stormwater drainage systems, and HVAC systems servicing the Building. However, unless the waiver of subrogation provision in Paragraph 11 of this Lease applies, Lessee shall pay the cost of any such repairs or maintenance resulting from acts or omissions of Lessee, its employees, agents, or contractors. Except to § 5.1 the extent Lessor is obligated to repair and maintain the Premises as provided above, Tenant Lessee shall, at his own expense and at all timesits sole cost, maintain the Premises Premises, including landscaping, in good and safe a clean, attractive condition, including window glass and similar to the Systems and Equipment serving condition that it existed on the Premises and shall surrender the same at termination hereof in as good condition as receivedEffective Date, normal reasonable wear and tear excepted. Tenant shall be responsible for Lessor shall, at its sole cost and expense, timely pay all repairs required, excepting only the roof, skylights, exterior walls, real estate taxes and structural foundations, which shall be maintained by Landlord. Landlord shall maintain in good condition the common areas of assessments on the property, such as sidewalks, driveways, lawns, and shrubbery. Landlord shall be responsible for electrical and plumbing supplied by Landlord and embedded in floor or side walls and not accessible from the Premises. No material improvement or alteration of the Premises premises shall be made without the prior written consent of the LandlordLessor, which consent shall not be unreasonably withheld, conditioned or delayed. Prior to the commencement of any substantial repair, improvement, or alteration, Tenant Lessee shall give Landlord Lessor at least five two (52) days’ days written notice in order that Landlord Lessor may post appropriate notices of nonresponsibility to avoid any liability for liens for liens. Lessee shall not commit any such work of improvement on waste upon the Premises. If Tenant requests premises or any nuisance, provided that Landlord perform any maintenance or repair work in the Premises the responsibility for which is allocated to Tenant permitted uses granted under this Lease, Landlord may agree to perform such maintenance Lease shall not be considered a waste or repair at Landlord’s sole discretion. If Landlord agrees to perform such maintenance or repair work, Tenant shall pay, as Additional Rent, Landlord’s standard charges for such maintenance or repair work within twenty (20) days after receipt of Landlord’s invoice therefor. Landlord’s standard maintenance and repair charges shall be subject to adjustment from time to time in Landlord’s sole discretion, and all invoices for such maintenance or repair charges shall include a service charge in the amount of fifteen percent (15%) of the invoiced cost or any such maintenance or repair work performed by Landlord at Tenant’s requestnuisance.

Appears in 1 contract

Samples: Stock Purchase Agreement (Magnegas Corp)

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MAINTENANCE, REPAIRS, ALTERATIONS. After completion Lessee accepts the Premises "AS IS", and Lessor shall have no responsibility to make any repairs to or alterations of Landlord’s Workthe Premises, except as provided, if anyat all, pursuant to § 5.1 abovein Section 32 hereof, Tenant shallSpecial Provisions. Lessor assumes responsibility for repair and replacement of the roof, exterior walls and structural foundations of the building. The Lessor will, at his own expense Lessor’s expense, have the heating and air-conditioning system serviced prior to Lessee’s possession of the Premises, if such servicing is reasonably necessary. Provided Lessee shall maintain a maintenance contract, provide a copy of said contract to Lessor, as approved in writing by Lessor, respecting the heating, ventilation, and air- conditioning system for the Premises, Lessor shall also make necessary major repairs or replacements to such systems. The Lessee, at all timesLessee's expense, maintain will keep the Premises in good and safe order, condition, including window glass and the Systems and Equipment serving repair the Premises and every part thereof, including, without limiting the generality of the foregoing, all plumbing, heating, air conditioning, ventilating, electrical and lighting facilities and equipment within the Premises, fixtures, interior walls and interior surface of exterior walls, ceilings, windows, doors, plate glass, showcases, skylights, entrances and vestibules located within the Premises and all sidewalks, grounds, fences, and signs located in the areas which are adjacent to and included with the Premises, unless otherwise stipulated under special provisions. If Lessee fails to perform Lessee's obligations under this section, Lessor may at Lessor's option enter upon the Premises and put the same in good order, condition and repair, and the cost thereof shall be due and payable as additional rent to Lessor together with Lessee's next rental installment. At the end or other termination of this Lease, Lessee shall surrender and deliver up the Premises to Lessor in the same at termination hereof in as good condition as received, normal broom clean, damage or deterioration by reasonable wear and tear and acts of God excepted. Tenant shall be responsible for all repairs required, excepting only the roof, skylights, exterior walls, and structural foundations, which shall be maintained by Landlord. Landlord shall maintain in good condition the common areas Lessee specifically but without limitation agrees to correct any environmental damage due to Lessee's use of the property, such as sidewalks, driveways, lawns, and shrubbery. Landlord shall be responsible for electrical and plumbing supplied by Landlord and embedded in floor or side walls and not accessible from the Premises. No improvement or alteration of If Lessee does not make the necessary repairs, Lessor has the right to enter the Premises and have any needed repairs done at Lessee's expense. Lessee shall be made not, without the Lessor's prior written consent, (except for non-structural alterations, not exceeding $500.00 in cost) make any alterations, improvements, additions, utility installations, (including power panels) in, on or about the Premises, however, said consent of shall not unreasonably be withheld by Lessor. Lessee shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Lessee at or for use in the Landlord. Prior Premises, which claims are or may be secured by any mechanic's or material-man's lien against the Premises or any interest therein, Lessee shall give Lessor not less than l0 days notice prior to the commencement of any substantial repair, improvement, or alteration, Tenant shall give Landlord at least five (5) days’ written notice in order that Landlord may post appropriate notices of nonresponsibility to avoid any liability for liens for any such work of improvement on the Premises. If Tenant requests that Landlord perform any maintenance , and Lessor shall have the right to post notices of non-responsibility in or repair work in on the Premises as provided by law. All alterations, improvements, additions or fixtures, other than Lessee's trade fixtures, which may be made in or on the responsibility for which is allocated to Tenant under this LeasePremises, Landlord may agree to perform such maintenance or repair at Landlord’s sole discretion. If Landlord agrees to perform such maintenance or repair work, Tenant shall pay, as Additional Rent, Landlord’s standard charges for such maintenance or repair work within twenty (20) days after receipt of Landlord’s invoice therefor. Landlord’s standard maintenance and repair charges shall be subject to adjustment from time to time in Landlord’s sole discretion, and all invoices for such maintenance or repair charges shall include a service charge in become the amount of fifteen percent (15%) property of the invoiced cost or any such maintenance or repair work performed Lessor and shall remain upon and be surrendered with the Premises at the expiration of the lease term, unless otherwise mutually agreed to in writing by Landlord at Tenant’s requestboth parties.

Appears in 1 contract

Samples: Commercial Lease Agreement

MAINTENANCE, REPAIRS, ALTERATIONS. After completion Except as otherwise set forth in this Lease, Lessee acknowledges that the premises and the building located on the premises (the “Building”) are in good order and repair, unless otherwise indicated herein and accepts the premises "as is." Lessor shall repair and maintain in good order and condition, ordinary wear and tear excepted, the mechanical and equipment rooms, the roof of Landlord’s Workthe Building, if anythe exterior walls of the Building, pursuant the exterior windows of the Building, the structural portions of the Building, the electrical, plumbing, mechanical, fire protection, life safety, parking lot, stormwater drainage systems, and HVAC systems servicing the Building. However, unless the waiver of subrogation provision in Paragraph 11 of this Lease applies, Lessee shall pay the cost of any such repairs or maintenance resulting from acts or omissions of Lessee, its employees, agents, or contractors. Except to § 5.1 the extent Lessor is obligated to repair and maintain the premises as provided above, Tenant Lessee shall, at his own expense and at all timesits sole cost, maintain the Premises premises, including landscaping, in good and safe a clean, attractive condition, including window glass and similar to the Systems and Equipment serving condition that it existed on the Premises and shall surrender the same at termination hereof in as good condition as receivedEffective Date, normal reasonable wear and tear excepted. Tenant shall be responsible for Lessor shall, at its sole cost and expense, timely pay all repairs required, excepting only the roof, skylights, exterior walls, real estate taxes and structural foundations, which shall be maintained by Landlord. Landlord shall maintain in good condition the common areas of assessments on the property, such as sidewalks, driveways, lawns, and shrubbery. Landlord shall be responsible for electrical and plumbing supplied by Landlord and embedded in floor or side walls and not accessible from the Premises. No material improvement or alteration of the Premises premises shall be made without the prior written consent of the LandlordLessor, which consent shall not be unreasonably withheld, conditioned or delayed. Prior to the commencement of any substantial repair, improvement, or alteration, Tenant Lessee shall give Landlord Lessor at least five two (52) days’ days written notice in order that Landlord Lessor may post appropriate notices of nonresponsibility to avoid any liability for liens liens. Lessee shall not commit any waste upon the premises or any nuisance, provided that the permitted uses granted under this Lease shall not be considered a waste or nuisance. Notwithstanding anything contained herein to the contrary, the parties hereby acknowledge and agree that the condition of the premises as of the Effective Date is more particularly described in that certain Property Inspection Report, dated October 21, 2014, by Txxxxx Inspection Services, Inc., and that certain Wood-Destroying Organisms Inspection Report, dated October 16, 2014, by SWAT Exterminating Company, attached hereto as composite Exhibit “A” (collectively, the “Inspection Reports”). Further, Lessor shall be solely responsible for the repair, replacement and maintenance of any such work of improvement condition existing on the Premises. If Tenant requests that Landlord perform any maintenance or repair work premises as of the Effective Date, including the conditions set forth in the Premises the responsibility for which is allocated to Tenant under this Lease, Landlord may agree to perform such maintenance or repair at Landlord’s sole discretionInspection Reports. If Landlord agrees to perform such maintenance or repair work, Tenant shall pay, as Additional Rent, Landlord’s standard charges for such maintenance or repair work within twenty Within thirty (2030) days after receipt of Landlord’s invoice therefor. Landlord’s standard maintenance and the Effective Date, Lessor shall repair charges shall be subject to adjustment from time to time in Landlord’s sole discretion, and all invoices for such maintenance or repair charges shall include a service charge those portions of the fence that are noted in the amount of fifteen percent (15%) of Inspection Reports as requiring repair so that the invoiced cost or any such maintenance or repair work performed by Landlord at Tenant’s requestpremises is properly secured.

Appears in 1 contract

Samples: Stock Purchase Agreement (Magnegas Corp)

MAINTENANCE, REPAIRS, ALTERATIONS. After completion of Landlord’s WorkLessee acknowledges that the Premises are in good order and repair, if anyunless otherwise indicated herein, pursuant to § 5.1 above, Tenant Lessee shall, at his its own expense and at all times, maintain the Premises in good and safe condition, normal wear and tear expected, including window glass plate glass, electrical wiring, plumbing and the Systems heating installations and Equipment serving any other system or equipment which serves solely the Premises and shall surrender the same same, at termination hereof hereof, in as good condition as received, normal wear and tear exceptedexpected. Tenant Lessee shall be responsible for all repairs requiredrequired for the Premises as specified herein, excepting only the roof, skylightsxxxx, exterior walls, and structural foundations, which shall be maintained by LandlordLessor and any repairs to the Premises required due to the negligence or willful misconduct of Lessor or Lessor's Employees or Agents or which result due to the failure of Lessor to comply with its obligation pursuant hereto. Landlord Lessee shall also maintain in good condition such portions adjacent to the common areas of the propertyPremises, such as sidewalks, driveways, lawns, lawns and shrubbery, which would otherwise be required to be maintained by Lessor. Landlord All other maintenance obligations not otherwise assumed by Lessee shall be responsible for electrical and plumbing supplied by Landlord and embedded in floor or side walls and not accessible from the Premisesresponsibility of Lessor. No improvement or alteration of the Premises shall be made without the prior written consent of the LandlordLessor which consent shall not be unreasonably withheld. Prior to the commencement of any substantial repair, improvement, or alteration, Tenant Lessee shall give Landlord Lessor at least five two (52) days’ days written notice in order that Landlord Lessor may post appropriate notices of nonresponsibility to avoid any liability for liens for liens. Lessee shall not commit any such work of improvement on waste upon the Premises. If Tenant requests that Landlord perform , or any maintenance nuisance or repair work act which may disturb the quiet enjoyment of any Lessee in the Premises the responsibility for which is allocated to Tenant under this Lease, Landlord may agree to perform such maintenance or repair at Landlord’s sole discretion. If Landlord agrees to perform such maintenance or repair work, Tenant shall pay, as Additional Rent, Landlord’s standard charges for such maintenance or repair work within twenty (20) days after receipt of Landlord’s invoice therefor. Landlord’s standard maintenance and repair charges shall be subject to adjustment from time to time in Landlord’s sole discretion, and all invoices for such maintenance or repair charges shall include a service charge in the amount of fifteen percent (15%) of the invoiced cost or any such maintenance or repair work performed by Landlord at Tenant’s requestbuilding.

Appears in 1 contract

Samples: Commercial Lease (Chattem Inc)

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